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Backup Documents 03/26/2024 Item #16D10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 1 U TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 03.26.24 BCC MTG THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Carolyn Noble Community and Human CN 3.4.24 Services 2. County Attorney Office— County Attorney Office 3. BCC Office Board of County Commissioners 6{4y /rj//9 3/2(f 2Y 4. Minutes and Records Clerk of Courts Office �/( l tLq 574I4.- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Carolyn Noble Phone Number 239-450-5186 Contact/ Department Agenda Date Item was 3.26.24 BCC Mtg Agenda Item Number 16.D. to Approved by the BCC Type of Document 3 AGREEMENTS FOR DAVID LAWRENCE Number of Original 3 DOCUMENTS Attached MENTAL HEALTH CENTER Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK CN 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board _ 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's YES signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! _ 8. The document was approved by the BCC on above date and all changes made during N/A is not the meeting have been incorporated in the attached document. The County �Q p an option for Attorney's Office has reviewed the changes,if applicable. VP/7 this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the Oi) an option for Chairman's signature. this line. 16D10 MEMORANDUM Date: April 1, 2024 To: Carolyn Noble, Grants Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: David Lawrence Mental Health Center, Incc. Drug Court Enclosed please find two (2) originals of each document referenced above (Agenda Item #16D8), approved by the Board of County Commissioners on Tuesday, March 26, 2024. The Minutes & Records Department has retained an original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Enclosure 16Db FAIN# 15PBJA-23-GG-04295- DGCT _ Federal Award Date 09/27/2023 Federal Award Agency DOJ-Bureau of Justice Assistance (BJA) CFDA Name Adult Drug Court Enhancement Program CFDA/CSFA# 16.585 Total Amount of Federal $900,000.00 Funds Awarded Subrecipient Name David Lawrence Mental Health Center, Inc. UEI# PBE3LMA8J4Y1 FEIN# 59-2206025 R&D No Indirect Cost Rate No Period of Performance 10/1/23—9/30/2027 Fiscal Year End 6/30 Monitor End: 12/2027 AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER,INC. (dba) DAVID LAWRENCE CENTER Drug Court Program t'f THIS AGREEMENT,made and entered into on this 26 day of Milie 2024, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Tamiami Trail,Naples FL 34112, and David Lawrence Mental Health Center,Inc. d/b/a David Lawrence Center (SUBRECIPIENT),a private not-for-profit corporation,having its principal office at 6075 Bathey Lane,Naples,Florida 34116. STATEMENT OF WORK The SUBRECIPIENT shall provide services in accordance with the Scope of Work,provided in Part I,and the COUNTY's application submitted to,and approved by,the U.S.Department of Justice(DOJ)—Bureau of Justice Assistance(BJA),referred to herein and made an integral part of this Agreement.This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon, in writing, by the SUBRECIPIENT and the COUNTY, in compliance with Collier County's Administrative Procedures and Department of Justice (DOJ) requirements in effect at the time such services are authorized. NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 1 of 47 PO G 16D1 0 PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing DOJ/BJA assistance, as provided herein and as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Drug Court Discretionary Grant Program Description of project and outcome: This Program will target a population of persons 18 years and older, who have been arrested; are substance dependent; and at risk of failing in less intensive rehabilitation programs. Participants shall receive case management, treatment, drug testing, and incidental expenses and supplies. If needed, participants have access to a full array of Medication Assisted Treatments (MAT) at either the primary treatment provider,David Lawrence Center; the local methadone clinic; or other community providers. The program will include salaries, travel, supplies and incidentals and training costs associated with program delivery. All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA's and National Association of Drug Court Professional's (NADCP) publication: Defining Drug Courts: The Key Components, which can be found at: http://www.ncjrs.gov/pdffilesl/bja/205621.pdf. During the grant period of performance, if BJA concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award SUBRECIPIENT on a corrective action plan to bring the drug court into conformance.Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement. Regarding medication-assisted treatment (MAT), the award SUBRECIPIENT understands and agrees to the following: 1) all clients in a BJA-funded drug court have a right to access MAT under the care and prescription of a physician to the extent MAT is clinically indicated;2)BJA- funded drug courts must not deny any eligible client enrollment to the drug court program because of their use of FDA-approved medications for the treatment of substance abuse;3)MAT must be permitted to be continued for as long as the prescriber determines that the FDA-approved medication is clinically beneficial;4)while under no circumstances can a BJA-funded drug court program deny access to MAT under the care and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or diversion of these medications; and 5) federal funds shall not be used to support activities that violate the Controlled Substances Act,21 U.S.C. 801-904. SUBRECIPIENT shall adhere to all regulations and requirements of the Agreement between Collier County and Bureau of Justice Assistance, incorporated herein as Exhibit E. [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 2 of 47 O P CG 1 601 0 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement,the SUBRECIPIENT must deliver to CHS for approval a detailed schedule for the implementation of the project. B. The following resolutions and policies must be submitted to CHS within sixty(60)days of this Agreement: • Affirmative Action/Equal Opportunity Policy • Business Associate Agreement • Conflict of Interest Policy • Procurement Policy ® Sexual Harassment Policy • Section 504/ADA Policy • Fraud, Waste, and Abuse Policy • Language Assistance and Planning Policy(LAP) Equal Access for Transgender Persons Policy(LGBTQ Policy) • Personally Identifiable Information(PII)Policy • No Texting while Driving Policy C. Environmental Review Requirement(ERR)—N/A D. Annual Subrecipient Training—SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual Subrecipient Training related to the use of Neighborly software for uploading required documentation and pay requests. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Personnel $493,973.00 Training& Travel $16,368.00 Supplies&Incidentals $331,159.00 Contracted Personnel $58,500.00 Total Federal Funds: $900,000.00 Match Funds(25%) $300,000.000 SUBRECIPIENT shall provide Match funds monthly throughout the grant term. The match amount submitted is not required to be commensurate or proportionate to the amount of the pay request. The SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain and provide beneficiary documentation to the COUNTY, as requested. Provide Quarterly Progress Reports. [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 3 of 47 PO CG 16D10 • Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS. • Identify Lead Point of Contact/Manager for the project. ▪ Ensure project sites are Section 504/ADA accessible. B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty(60)days of (Section 1.1) Agreement Agreement execution Insurance Insurance Certificate Within 30 days of Agreement Exhibit A execution and annually within thirty(30)days of renewal Detailed project implementation Project Schedule Within sixty(60)days of schedule Agreement execution Submission of Progress Report Exhibit C Quarterly reports by the 15th day following the end of the quarter Annual Audit Monitoring Report Exhibit D Annually, within 60 days after FY end Financial and Compliance Audit Audit,Management Letter, and Annually,nine(9)months for Supporting Documentation Single Audit OR one hundred eighty (180)days after FY end Business Associate Agreement Business Associate Agreement Within 60 days of Agreement execution Program Income Program Income—Planned use Quarterly—by the 20th day of program generated income following the end of the quarter Drug Court Policies and Policy and Procedure Manual Within 60 days of Agreement Procedures Manual execution and updates per occurrence Employee Attestation of Texting Signed Texting and Driving Within 60 days of Agreement and Driving Policy Policy execution(staff driving while performing work during use of funds provided by this grant) C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Personnel Submission of supporting documents must Monthly by the 30th of be provided as backup,as evidenced by the month following timesheet,payroll register or check stubs, the month of service bank statements or credit card statements, and any other additional documentation, as requested. Exhibit B Project Component 2: Travel Submission of supporting documents must Monthly by the 30th of and Training be provided as backup, as evidenced by the month following training agenda, invoice for auto,hotels, the month of service and airlines per County guidelines which include obtaining three quotes prior to [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 4 of 47 PO 16D10 making reservations, check stubs, bank statements, credit card statements, and any other additional documentation, as requested. Please see section 4.9 regarding conference related travel. Exhibit B Travel expenses are required to comply with GSA per diem rates. Project Component 3: Submission of supporting documents must Monthly by the 30th of Incidentals and Supplies be provided as backup, as evidenced by the month following invoices/receipts, check stubs,bank the month of service statements, credit card statements, and any other additional documentation, as requested. Exhibit B Project Component 4: Submission of supporting documents must Monthly by the 30th of Contracted Personnel be provided as backup, as evidenced by the month following invoices, check stubs or bank statements, the month of service credit card statements, and any other additional documentation, as requested. Exhibit B Match David Lawrence Center is responsible for Monthly by the 30th of 25% of the total award amount from DOJ the following month ($900,000.00). The formula for of service, submitted calculating total match in this agreement is with pay request. $900,000.00/.75=$1,200,000.00 Match required even x.25=$300,000.00. if a zero dollar pay Total match required per year is request is submitted $75,000.00. on Exhibit B. Match is required monthly even if there is a zero dollar pay request submitted for Exhibit B. It is recommended that the SUBRECIPIENT submit a minimum of $6,250.00 monthly to reach the annual match requirement of$75,000.00. 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on October 1, 2023, and end on September 30,2027. 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, in accordance with DOJ/BJA approval. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available NINE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($900,000.00) for use by the SUBRECIPIENT during the term of the Agreement (hereinafter, referred to as the "Funds"). SUBRECIPIENT is permitted to submit for expenses [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 5 of 47 PD G 16 D 1 0 incurred from October 1, 2023, forward. The SUBRECIPIENT shall also submit match funds, in the amount of THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS($300,000.00). The SUBRECIPIENT agrees that no funds under this grant award(including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS. Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted Fund shifts among line items may be approved administratively by CHS for up to 10 percent(10%) of the total funding agreement and shall not signify a change in scope. Fund shifts that exceed 10 percent (10%) shall require formal Grant Award Modification (GAM) by DOJ, and approval by the Board of County Commissioners(Board). 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 funds are 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 month. If no work has been performed during that month,or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses,but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to all applicable Local, State, or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." In accepting grant funding from the COUNTY, SUBRECIPIENT agrees that these funds cannot and must not be utilized for expenditures already covered by other funding resources received. SUBRECIPIENT may not request reimbursement for expenses under agreement 2023-GG-04295 that have been previously submitted under agreement 2020-DC-BX-0138 or 2017-DC-BX-0053 or any prior agreement. This would be considered a duplication of benefits, which is prohibited by law. If a duplication of benefits occurs, COUNTY reserves the right to recoup those funds. If the SUBRECIPIENT currently has other active awards of federal funds, or if the SUBRECIPIENT receives any other award of federal funds during the period of performance for this award,the SUBRECIPIENT 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 [24-S0C-0114 8/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 6 of 47 PO .16D1 0 of the identical cost items for which funds are provided under this award. If so, the SUBRECIPIENT 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 Award Modification(GAM)to eliminate any inappropriate duplication of funding. 1.5 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200.93 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles)of this Agreement,SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project referenced above, as defined in 2 CFR 200.413. SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT shall follow 2 CFR Subpart E-Cost Principles. The SUBRECIPIENT shall pay all sales, consumer, use, and other similar taxes associated with the work or portions thereof,which are applicable, during the performance of the work. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email: Carolyn.Noble@colliercountyfl.gov Telephone: (239)450-5186 SUBRECIPIENT ATTENTION: Scott Burgess,President, and CEO David Lawrence Mental Health Center,Inc. 6075 Bathey Lane Naples, Florida 34116 Email: scottb@dlcenters.org Telephone: (239)354-1425 Remainder of Page Intentionally Left Blank [24-S OC-01148/1845572/1 j David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 7 of 47 PO ( 16D10 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS 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 Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary,the SUBRECIPIENT shall make available for review,inspection,or audit all records,documentation, and any other data relating to all matters covered by the Agreement. The SUBRECIPIENT must fully clear all deficiencies noted in the audit report within 30 days of receipt of the report.Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records,in accordance with DOJ/BJA requirements to determine compliance with the requirements of this Agreement, the DOJ/BJA Drug Court Enhancement Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to: A. All records required by DOJ/BJA regulations. B. The SUBRECIPIENT must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 8 of 47 PO i6D10 D. The SUBRECIPIENT shall make available at any time upon request by 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 as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. Upon completion of all work contemplated under this Agreement,copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334;However, if any litigation,claim,or audit that is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer at no cost to COUNTY, all public records in SUBRECIPIENT's possession upon termination of the Agreement and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. F. The SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. G. SUBRECIPIENT will be responsible for the creation and maintenance of client eligibility files and documentation that persons served were eligible under the DOJBJA requirements. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. H. SUBRECIPIENT shall document how compliance with the eligibility requirement(s)under which funding was accomplished. This includes DOJBJA special considerations and reporting requirements. 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. [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 9 of 47 O P CG 16D10 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 200.337 and 2 CFR 200.338. 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 239-252-2679, Michael.Brownlee@colliercountyfl.gov,3299 Tamiami Trail E,Naples FL 34112. 2.3 MONITORING 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. The SUBRECIPIENT shall allow CHS or DOJ/BJA to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled,as determined by CHS or DOJ/BJA. COUNTY will monitor SUBRECIPIENT's performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards as stated, with all other applicable laws, regulations, and policies governing the funds provided under this Agreement further defined by 2 CFR 200.332. Substandard performance,as determined by CHS,will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS,Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide DOJ/BJA, the DOJ Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s)access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement,and to provide for proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents for monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent fraud,waste, and abuse. [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 10 of 47 PO G 16D10 SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to COUNTY, or any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. 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, which will require a corrective action plan to be submitted to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT,as needed,to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of 5 percent (5%) of the award amount to be returned to the COUNTY, at the discretion of the Board. • SUBRECIPIENT may be considered in violation of Resolution No. 2013-228 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail; CHS may require a portion of the awarded grant amount or the amount of the DOJ/BJA investment for acquisition of the properties conveyed, be returned to CHS. • The COUNTY may require upwards of 10 percent(10%)of the award amount be returned to CHS, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228 [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJ/BJA-23-01 2023-GG-04295-DGCT Page 11 of 47 QO G 1 6 D 1 0 4. If after repeated notification, the SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228 If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant,the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports and on resolution of monitoring findings required by this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 20th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank [24-S OC-0114 8/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 12 of47 PO G 16D10 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS SUBRECIPIENT may subcontract with Florida Gulf Coast University (FGCU). No other parties may be assigned or subcontracted without the written consent of the COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with all DOJ, BJA, Drug Court Program requirements, and Drug Court Program Application provisions. The SUBRECIPIENT also agrees to comply with all other applicable laws,regulations,and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization,and approved by the Board. Such amendments shall not invalidate this Agreement,nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, scope of services, or schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from DOJ/BJA grant funds and must be implemented in full compliance with all DOJ/BJA rules and regulations and any agreement between COUNTY and DOJ/BJA governing Drug Court Program funds pertaining to this Agreement.In the event of curtailment or non-production of said Federal funds,or the reduction of funds awarded by DOJ/BJA to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 13 of 47 PO CG 16D10 COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his-her sole discretion and judgment,that the funds are no 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 County Commissioners and/or County Administration,personally liable for the performance of this Agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action,which may arise out of an act or omission, including but not limited to,reasonable attorneys'and paralegals'fees,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies that otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, defend all suits in the name of the COUNTY, and pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the Program sponsorships, research reports, and similar public notices, whether printed or digitally prepared, released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. BUREAU OF JUSTICE ASSISTANCE (BJA) GRANT NUMBER 15PBJA-23-GG-04295-DGCT 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 general public regarding the development team and Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and authorize others to use the work or materials for governmental purposes. [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 14 of 47 PO 16D10 3.8 DEFAULTS,REMEDIES,AND TERMINATION This Agreement may also be terminated for convenience by either the COUNTY or the SUBRECIPIENT,in whole or in part,by setting forth the reasons for such termination,the effective date,and in the case of partial terminations,the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made,the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. SUBRECIPIENT's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and/or DOJ/BJA 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: 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 grant funds that SUBRECIPIENT has received under this Agreement; D. Apply sanctions, if determined by the COUNTY to be applicable; E. Stop all payments,until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If COUNTY terminates the Agreement, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. [24-S OC-0114 8/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 15 of 47 PD C 1 6D 1 0 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement, and in addition to all other remedies available to the COUNTY (whether under this agreement or at law or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of DOJ/BJA funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously, during SUBRECIPIENT's performance under the Agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and Scope of Work, the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards(2 CFR 200 et seq),and Federal regulations for the Department of Justice,Bureau of Justice Assistance,and Collier County Adult Drug Court Enhancement Grant provisions. 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.317 through 200.327)and Collier County's purchasing thresholds. Range: Competition Required $0- $50,000 3 Written Quotes $50,001 + Formal Solicitation(ITB,RFP, etc.) SUBRECIPIENT must comply with the requirements of the Build America,Buy America(BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to SUBRECIPIENTS'S infrastructure project. Pursuant to HUD's Notice "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements,unless excepted by a waiver. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion,per 2 CFR 200,Appendix II(J)and 2 CFR 200.323. All improvements specified in Part I, Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and [24-S0C-0 1 148/1 845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 16 of 47 PO 1 6 D 1 0 Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest,responsible, and qualified bidder. Contract administration shall be managed by the SUBRECIPIENT and monitored by CHS,which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERATED INCOME Program Income is anticipated.Program Income derived from the use of DOJ/BJA funds disbursed under this Agreement shall be retained by SUBRECIPIENT for use in the Drug Court Enhancement Program. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by DOJ/BJA funds, shall be reported to the COUNTY, and utilized by SUBRECIPIENT, in compliance with 2 CFR 200.307, in the operation of the Program. If there is a Program Income balance at the end of the Program Year,such balance shall revert to the COUNTY. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY 90 days after the expiration of the Agreement.Activities during this closeout period shall include but are not limited to,making final payments,disposing of program assets(including the return of all unused materials, equipment,program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that comply with Section 215.97,Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of or be subjected to discrimination under any activity carried out by the performance of this Agreement based on race,color,disability,national origin,religion,age,familial status,or sex.Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project area shall be given opportunities for training and employment.In addition,eligible business concerns located or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project,to the greatest extent feasible. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses minority business and women's business enterprises the maximum practicable opportunity to participate in the [24-SOC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJ/BJA-23-01 2023-GG-04295-DGCT Page 17 of 47 PO G 1 6 D 1 0 performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended(15 U.S.C. 632);and"minority and women's business enterprise"means a business at least 51 percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the disbursement of funds. 3.18 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement. In addition, it will not employ or subcontract any person having any conflict of interest. SUBRECIPIENT covenants that it will comply with all Federal "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person,or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed in writing to CHS, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate- income residents of the project target area. 3.19 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any subcontractors shall report knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child, aged person, or disabled person to the COUNTY. During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing, within one business day of occurrence,any substantial,controversial,or newsworthy incidents.The Collier County Standard Subrecipient Incident Report Form shall be used to report all such incidents. [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 18 of 47 PO G 16D10 3.20 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 3.21 BUSINESS ASSOCIATE AGREEMENT(BAA) A "Business Associate" is a person, or entity, other than a member of the workforce of a covered entity, who performs functions or activities on behalf of, or provides certain services to, a covered entity that involves access to protected health information. A "Business Associate" is also a subcontractor that creates, receives, maintains, or transmits protected health information on behalf of another Business Associate. HIPAA rules require that the COUNTY and SUBRECIPIENT must enter into an agreement to ensure that protected health information is appropriately safeguarded. The SUBRECIPIENT must also enter into Business Associate Agreements (BAA) with its subcontractors. The BAA serves to clarify and limit, as appropriate, the permissible uses and disclosures of the protected health information. The COUNTY and SUBRECIPIENT may use or disclose protected health information only as permitted or required by the BAA or as required by law. The COUNTY and SUBRECIPIENT are directly liable under HIPAA rules and subject to civil, and in some cases, criminal penalties for making uses and disclosures of protected health information that are not authorized by the BAA or required by law, or for failing to safeguard electronic protected health information in accordance with the HIPAA Security Rule. Remainder of Page Intentionally Left Blank [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 19 of47 PO 1 6 D 1 0 PART IV SPECIAL CONDITIONS 4.1 Requirements of the award; remedies for noncompliance or materially false statements. The conditions of this Agreement are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the SUBRECIPIENT that relate to conduct during the period of performance is also a material requirement of this award. Failure to comply with one or more of these award requirements, whether set out in full or by reference below, may result in the Office of Justice Programs (OJP) or the COUNTY taking appropriate action with respect to the SUBRECIPIENT and the award. Among other things, the OJP or COUNTY may disallow costs or suspend or terminate the award. Any materially false, fictitious, or fraudulent statement to the Federal government related to this award, or concealment or omission of a material fact, may be subject to criminal prosecution(18 U.S.C. 1001 and/or 1621, and/or 42 U.S.C. 3795a) and may lead to imposition of civil penalties and administrative remedies for false claims or otherwise(31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision shall first be applied with a limited construction to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable, such provision shall be deemed severable from this award. 4.2 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200,as adopted and supplemented by DOJ in 2 CFR Part 2800(together,the"Part 200 Uniform Requirements")apply to this award from OJP. For more information and resources on Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at: https://oip.gov/fimding/Part200Un iformRequirements.htm. Record retention and access: Records pertinent to the award that the SUBRECIPIENT must retain --typically for a period of three(3)years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the SUBRECIPIENT must provide access,include performance measurement information,in addition to the financial records, supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200.334. 4.3 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website(currently,the "DOJ Grants Financial Guide" available at https://ojp.gov/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. [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 20 of 47 PO 16D10 4.4 Employment eligibility verification for hiring under the award 1. The SUBRECIPIENT must: A. Ensure that,as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired,consistent with the provisions of 8 U.S.C. 1324a(a)(1)and(2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1)and(2)that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training(to the extent necessary)to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1)and(2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring SUBRECIPIENT compliance with this condition will be monitored by CHS. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction E. Staff involved in the hiring process For purposes of this condition,persons "who are or will be involved in activities under this award" specifically includes(without limitation)any and all SUBRECIPIENT officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded(in whole or in part)with award funds. F. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the SUBRECIPIENT shall participate in, and use, E-Verify [24-S OC-0114 8/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 21 of 47 PO G 1 6D S (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Non-confirmation" or a "Final Non-confirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or in part)with award funds. G. "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. H. Nothing in this condition shall be understood to authorize or require SUBRECIPIENT, or any person or other entity,to violate any federal law, including any applicable civil rights or nondiscrimination law. I. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve SUBRECIPIENT, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1)and(2). Questions about E-Verify should be directed to DHS. For more information about E- Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E- Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgentadhs.gov. 4.5 Requirement to report actual or imminent breach of personally identifiable information(PII) The SUBRECIPIENT must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-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 OW grant-funded program or activity,or (2)uses or operates a"Federal information system"(OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 4.6 Unreasonable restrictions on competition under the award; association with federal government No discrimination, in procurement transactions, against associates of the federal government. Consistent with the (DOJ) 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]1l procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 22 of 47 PO CG 1 6 D 1 0 4.7 Requirement pertaining to prohibited conduct related to trafficking in persons The SUBRECIPIENT must comply with all applicable requirements, including requirements to report allegations pertaining to prohibited conduct related to the trafficking of persons,whether on the part of recipients, Subrecipients, or individuals defined, for purposes of this condition, as "employees" of the SUBRECIPIENT. Details of the SUBRECIPIENT's obligations associated with prohibited conduct related to trafficking in persons are posted on the OW web site at: https://oip.gov/funding/Explore/Proh ibitedConduct-Trafficking.htm Award condition: Prohibited conduct by recipients and Subrecipients related to trafficking in persons, including reporting requirements and OJP authority to terminate the award, are incorporated by reference here. 4.8 Determination of suitability to interact with participating minors The SUBRECIPIENT must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the 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. 4.9 Compliance with applicable rules regarding approval,planning,and reporting of conferences and meetings,trainings,and other events The SUBRECIPIENT must comply with all applicable laws,regulations,policies,and official DOJ guidance, including specific cost limits, prior approval, and reporting requirements where applicable, governing the use of federal funds for expenses related to hosting, facilitating, or attending conferences, as that term is defined by DOJ, including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appear in the DOJ Grants Financial Guide,currently,at section 3.10 of"Post-award Requirements" in the " DOJ Grants Financial Guide". 4.10 Performance and Effectiveness Data Requirement The SUBRECIPIENT must collect and maintain data that measure the performance and effectiveness of work under this award.The data must be provided to CHS in the manner,including within the timeframes, specified by CHS and OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010, and other applicable laws. [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 23 of 47 PO G 1 6D 1 p 4.11 OJP Training Guiding Principles Any training or training materials that the SUBRECIPIENT develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available at https://ojp.gov/funding/Implement/Train in gPrinc iplesForGrantees-Subgrantees.htm. 4.12 Effect of failure to address audit issues The SUBRECIPIENT understands and agrees that the DOJ awarding agency or COUNTY may withhold award funds,or may impose other related requirements, if the SUBRECIPIENT does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements, as determined by the DOJ awarding agency or CHS; by the terms of this award; or other outstanding issues that arise in connection with audits, investigations, or reviews of Federal awards. 4.13 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 CFR Part 42 The SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 42, specifically including any applicable requirements in Subpart E of 28 CFR Part 42 that relate to an equal employment opportunity program. 4.14 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 CFR Part 54 The SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 54, which relates to nondiscrimination based on sex in certain "education programs." 4.15 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination- 28 CFR Part 38 The SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things, 28 CFR Part 38 includes rules that prohibit specific forms of discrimination based on religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and Subrecipient organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to Subrecipients that are faith-based or religious organizations. The text of the regulation, entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," is available on the interne by browsing to Title 28-Judicial Administration, Chapter 1, Part 38,under e- CFR"current" data. [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-O 1 2023-GG-04295-DGCT Page 24 of 47 PO 16Di0 4.16 Restrictions on lobbying In general, as a matter of federal law, federal funds awarded by OJP may not be used by the SUBRECIPIENT, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. There may be exceptions, if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law. Another federal law generally prohibits federal funds awarded by OW from being used by the SUBRECIPIENT to pay any person to influence, or attempt to influence, a federal agency, a Member of Congress, or Congress, or an official or employee of any of them, with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a use of federal funds by a Subrecipient would, or might fall within the scope of these prohibitions, CHS will contact OJP for guidance. The SUBRECIPIENT may not proceed without the express prior written approval of CHS and OJP. 4.17 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2020) The SUBRECIPIENT must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act,2017, are set out at: https://ojp.gov/funding/Explore/FY17AppropriationsRestrictions.htm, and are incorporated here by reference. Should any question arise as to whether a use of federal funds by a Subrecipient would, or might fall within the scope of these prohibitions, CHS will contact OJP for guidance. The SUBRECIPIENT may not proceed without the express prior written approval from CHS and OJP. 4.18 Reporting potential fraud,waste,and abuse,and similar misconduct The SUBRECIPIENT must promptly refer to CHS and the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, SUBRECIPIENT, contractor, subcontractor,or other person has,in connection with funds under this award:(1)submitted a claim that violates the False Claims Act;or(2)committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,bribery,gratuity, or similar misconduct. Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by: (1)mail directed to Office of the Inspector General,U.S.Department of Justice, Investigations Division, 950 Pennsylvania Avenue N.W., Room 4706, Washington, DC 20530; (2)e-mail to: oig.hotline@usdoj.gov;and/or(3)the DOJ OIG hotline: Contact information in English and Spanish at (800) 869-4499 (phone) or (202) 616-9881 (fax). https://www.ojp.gov/sites/g/files/xyckuh24I/files/media/document/oil) tfsc_guide sheetjreventing fraud waste abuse and mismanagement 112421 508.pdf [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 25 of 47 e 16D 1 0 4.19 Restrictions and certifications regarding non-disclosure agreements and related matters Neither SUBRECIPIENT nor entity that receives a procurement contract or subcontract with any funds under this award may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,the reporting, in accordance with law, of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency. 4.20 Compliance with 41 U.S.C. 4712,including prohibitions on reprisal; notice to employees The SUBRECIPIENT must comply with, and is subject to, all applicable provisions of 41U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rule, or regulation related to a federal grant. The SUBRECIPIENT also must inform its employees, in writing, and in the predominant native language of the workforce, of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the COUNTY will contact OW for guidance. 4.21 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009),DOJ encourages SUBRECIPIENTs to adopt and enforce policies banning employees from text messaging while driving any vehicle, during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness,and other outreach to decrease crashes caused by distracted drivers. 4.22 Approval of curricula, training materials, proposed publications, reports, or any other written materials The SUBRECIPIENT agrees to submit to Bureau of Justice Assistance (BJA) for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web-based materials and web site content,through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written, visual, or audio publications, except for press releases, whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. 15PBJA-23-GG-04295-DGCT 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. [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 26 of 47 PO G 16D1Q 4.23 Compliance with CHS and OJP grant monitoring guidelines, protocols, and procedures The SUBRECIPIENT agrees to comply with CHS and OJP grant monitoring guidelines,protocols, and procedures, and to cooperate with CHS and OJP on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The SUBRECIPIENT agrees to provide to CHS and OJP all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the SUBRECIPIENT agrees to abide by reasonable deadlines set by CHS and OJP for providing the requested documents. Failure to cooperate with CHS and OJP's grant monitoring activities may result in sanctions affecting the SUBRECIPIENT's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the SUBRECIPIENT's access to grant funds; referral to the Office of the Inspector General for audit review;designation of the SUBRECIPIENT as a CHS and DOJ High Risk grantee; or termination of an award(s). 4.24 Cooperation with any assessments, national evaluation efforts, and/or data collection The SUBRECIPIENT agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 4.25 Justification of Consultant Rate Approval of this award does not indicate approval of any consultant rate more than $650 per day. A detailed justification must be submitted to CHS and approved by the Office of Justice Programs (OJP)program office prior to obligation or expenditure of such funds. 4.26 Prohibition on the use of grant funds for inherently religious activities The SUBRECIPIENT agrees that assistance funds awarded under this grant will not be used to support any inherently religious activities,such as worship,religious instruction,or proselytization. If the SUBRECIPIENT refers participants to, or provides, a non-Federally funded program or service that incorporates such religious activities, (1) any such activities must be voluntary for program participants, and (2) program participants may not be excluded from participation in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If participation in a non-Federally funded program or service that incorporates inherently religious activities is deemed a critical treatment or support service for program participants, the grantee agrees to identify and refer participants who object to the inherently religious activities of such program or service to, or provide, a comparable secular alternative program or service. 4.27 Drug Court Key Components All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA's and National Association of Drug Court Professional's (NADCP) publication: Defining Drug Courts: The Key Components at https://www.ncjrs.gov/pdffi les 1/bja/205621.pdf. During the grant period of performance, if BJA concludes that a funded drug court is not conforming to the 10 key components,it retains the right to place the award recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 27 of 47 PO CG 1 D 1 0 4.28 Prohibition on the use of grant funds to provide services to "violent offenders" The recipient understands and agrees that no award or matching funds may be used to provide services for violent offenders as defined in 42 U.S.C.3797u-2,a"violent offender"means a person who: (1) is charged with or convicted of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which offense or conduct (A) the person carried, possessed,or used a firearm or dangerous weapon;(B)there occurred the death of or serious bodily injury to any person; or(C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph(A) or(B) is an element of the offense or conduct of which or for which the person is charged or convicted; or (2) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. 4.29 Treatment Services to Address Opioid Abuse Reduction The SUBRECIPIENT understands and agrees that,to the extent that substance abuse treatment and related services are funded by this award, they will include required treatment and services to address opioid abuse reduction. 4.30 Employee Compensation Cap With respect to this award, federal 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 percent(110%) of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. SUBRECIPIENT may compensate an employee at a higher rate, provided the amount more than this compensation limitation is paid with non-federal funds. This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 4.31 Drug Court Policies and Procedures Manual The SUBRECIPIENT agrees to develop and maintain a Drug Court Policies and Procedures manual for program operation. The Policies and Procedures manual must be submitted to CHS by the end of the first year of the grant period to comply with this requirement. 4.32 Prohibition of Transfers of Specified Equipment by Law Enforcement Agencies Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OW has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the "controlled equipment" list. The details of the requirement are posted on the OW web site at https://www.ojp.gov/funding/explore/prohibited- and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal [24-S OC-0 1 148/1 845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-O 1 2023-GG-04295-DGCT Page 28 of47 PO G 1 6 D 1 3 funds--prohibited and controlled equipment under OJP awards) and are incorporated by reference here. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. Signature Page to Follow [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-O 1 2023-GG-04295-DGCT Page 29 of47 PO 1 6D 1 0 IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: AS TO COUNTY: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS . ^ a9 �/., �� COLLIER COUNTY, FLORIDA Att -P C1:r 3� 1aJQ ) � By: e1�0 , 1': CHR A L, CHAIRPER N Dated: ' .'* O' 9E;L IK. 2C1 Zoz9 (SEAL) Date: /�! � AS TO SUBRECIPIENT: WITNESSES: DAVID LAWRENCE MENTAL HEALTH CENTER, INC. fitness #1 g ure Nan Giv A/(,Q11I i( $ By: Witness #1 Printed Name SCOTT U ESS, P SIDENT, AND CEO Witness #2 Signature Date: 36 )-L'I }do-/1-t Vc 4 [Please provide evidence of signing authority] Witness #2 Printed Name Appro - as to form and legality: P -7 2 Dee D. Perry L1lAssistant County Attorney \ \''9 Date: filgit 28 r [24-S0C-01 148/1845572/l i David Lawrence Mental Health Center Adult Drug Court Enhancement DOJ/BJA-23-01 2023-GG-04295-DGCT Page 30 of 47 PO C 16D1 0 EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 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 "All Risk" basis, in an amount not less than 100 percent(100%)of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA)as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). [24-S OC-0114 8/18455 72/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 31 of 47 PO G 16D10 OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 32 of 47 PO itiD10 EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: DAVID LAWRENCE MENTAL HEALTH CENTER,INC. SUBRECIPIENT Address: 6075 Bathey Lane,Naples,FL Project Name: Drug Court Project No: _ Payment Request# Total Payment Minus Retainage Period of Availability: _through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request)(includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required$15,000 and above) Division Director(Approval Required$15,000 and above) [24-S OC-0114 8/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 33 of 47 PO 16D10 EXHIBIT B-1 Match Form Subrecipient Match Submittal SECTION I: MATCH SUBMISSION Subrecipient Name: Subrecipient Address: Project Name: Project No: , Match Submission#: Match Amount Submitted Today: $0.00 SECTION I: STATUS OF FUNDS 1. Total Match Amount Required per Agreement $0.00 2. Total Amount of Previous Match Submitted(Insert $0.00 Amount) 3. Total Match Amount Awarded Per Agreement Less $0.00 Total Amount of Previous Match Submitted 4. Amount of Today's Match Submission(Insert $0.00 Amount) 5. Match Balance(Match per Agreement less the Sum of $0.00 All Match Submitted) I certifythat this match submittal has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as SUBRECIPIENT/DEVELOPER. To the best of my knowledge and belief all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-O 1 2023-GG-04295-DGCT Page 34 of 47 PO 16D1 0 EXHIBIT C Bureau of Justice Assistance Adult Drug Court Discretionary Grant Program Quarterly Program Status Report Reporting Period: Subrecipient Name: Preparer's Name and Title: Date Prepared: PROGRAM CHARACTERISTICS 1. What is the date that the drug court first enrolled a participant after this BJA program funding was awarded? MM/DD/YYYY: 2. What is the date that the drug court first enrolled a participant? MM/DD/YYYY: 3. Does your drug court program clearly communicate a system of graduated sanctions and incentives that are implemented fairly and with certainty in response to their behavior? Yes No 4. Does your drug court program administer random and observed alcohol and substance abuse testing? Yes No 5. Does your drug court program use evidence-based treatment services? Yes No NUMBER OF SERVICES ADDED 6. Were your BJA program funds used to add inpatient treatment slots during the reportingperiod? Yes, number of inpatient slots: No 7. Were your BJA program funds used to add outpatient treatment slots during the reporting period? Yes,number of outpatient slots: No [24-S OC-0114 8/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-O 1 2023-GG-04295-DGCT Page 35 of47 O GQ 1b1) 10 8. Were your BJA program funds used to add staff who provide new case management or offender supervision services during the reporting period? Yes, number of new staff providing case management or offender supervision services: No 9. Were your BJA program funds used to provide substance abuse treatment services during the reporting period? (For example, these services might include clinical assessment, residential, outpatient group, outpatient individual, intensive outpatient, outpatient detoxification, addiction receiving facility, substance abuse detoxification (residential), in- home counseling, and aftercare) Yes,number of NEW drug court participants who received substance abuse treatment services No 10. Were your BJA program funds used to provide inpatient substance abuse treatment services during this reporting period? Yes,total number of days delivered for inpatient services: No 11. Were your BJA program funds used to provide recovery support services during the reporting period?(For example, these services might include employment, housing, education, mental health, health services such as medical and dental services,pro-social services such as anger and stress management,faith-based services,family counseling, life skills training, mentoring, and other services) Yes No If yes, please enter the total Dumber of participants who received each of the following recovery support service for the first time during the reporting period. (Please report only during the first quarter in which the participant receives services and not in subsequent reporting periods if services are received,for more than one reporting period) Employment Services Housing Services Education Services Mental Health Services Health Services Pro-Social Services Trauma Treatment Veteran Services Other Services (please explain) [24-SOC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 36 of 47 PO 16D10 12. What other services are these BJA.funds supporting? Offender Supervision/Case Management Equipment Training Evaluations MIS Aftercare Support Enhancing Risk/Assessment Screening Performance Measure Standards Other(please explain) MEDICATION ASSISTED TREATMENT 13. If your treatment program includes medication assisted treatment(MAT),which of the following medications are you utilizing regardless of BJA funding? We do not provide MAT We do not have access to MAT Naltrexone,Vivitrol,Depot,Naltrexone Buprenorphine or Buprenorphine/Naloxone(Bup/NX) (Suboxone) Methadone 14. Of the total participants enrolled in your program,how many were deemed eligible for medication-assisted treatment(MAT), and of those eligible,how many received MAT during the reporting period? Number of individuals eligible for MAT Individuals receiving at least one MAT Treatment SCREENING AND PROGRAM INTAKE 15. Number of drug court candidates who were screened during this reporting period? 16. Of those screened,what is the number of individuals who did not enroll in the Drug Court Program during this reporting period? 17. Of those screened, and did not enroll in the program, enter the number of such individuals based on the following categories Participant Refused Entry Prosecutor Objection Judicial Objection Out of Jurisdiction [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 37 of 47 O P G � bDl o Arrest,Conviction,or Incarceration on Another Charge No Drug Problem Exclusionary Prior Non-Violent Offense Violent History Mental Health Diagnosis that Cannot be handled by the Court Insufficient Risk(low risk) Ineligible for VA services Accident involving injury Candidate did not complete screening Candidate waiting for program slot Other, please explain 18. Of those screened,that did not enroll in the Drug Court Program,please enter the number of such individuals based on the following demographic information. Enter the ethnicity and gender of each individual determined to be ineligible for the Drug Court participation during this reporting period. Ethnicity Males Females Gender Unknown Hispanic or Latino/a • Non-Hispanic or Latino/a Unknown TOTAL(should be equal to the number of individuals who were screened and did not enroll during this reporting period) 19. Of those screened,that did not enroll in the Drug Court Program,please enter the number of such individuals based on the following demographic information. Enter the race and gender of each individual determined to be ineligible for the Drug Court participation during this reporting period. Race Males Females Gender Unknown White Black or African American Asian American Indian or Alaska Native Pacific Islander or Native Hawaiian Multiracial Unknown Other [24-SOC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 38 of 47 PO C i6D10 TOTAL (should be equal to the number of individuals who were screened and did not enroll during this reporting period) RISK ASSESSMENT 20. Please enter the number of newly admitted drug court participants who were administered a risk and need assessment during the reporting period. 21. Please name the risk assessment that is used to assess risk and need: 22. Of those newly admitted participants who were administered a risk and needs assessment during the reporting period, please enter the number of such individuals who were identified as having high criminogenic risks and high abuse treatment needs. NUMBER OF DRUG COURT PARTICIPANTS RECEIVING SERVICES 23. Has the Drug Court program admitted any new participants during the reportingperiod? Yes,enter how many new participants: If no,please explain: Total number of participants at the end of reporting period (new admissions and those previously reported) 24. Please enter the ethnicity and gender of each participant newly admitted to the drug court program during this reporting period. For the first reporting period, include all participants enrolled in the drug court program. Ethnicity Males Females Gender Unknown Hispanic or Latino/a Non-Hispanic or Latino/a Unknown TOTAL (should be equal to newly admitted participants to the program during this reporting period) 25. Please enter the race and gender of each participant newly admitted to the Drug Court Program during this reporting period. For the first reporting period, include all participants enrolled in the Drug Court Program. [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 39 of47 Cr.O I6D10 Race Males Females Gender Unknown White Black or African American Asian American Indian or Alaska Native Pacific Islander or Native Hawaiian Multiracial Unknown Other TOTAL (should be equal to newly admitted participants to the program during this reporting period) PROGRAM COMPLETION AND JUDICIAL INTERACTION 26. Please enter the number of drug court participants who successfully completed all program requirements during this reporting period. 27. Of those who successfully completed all program requirements, from start to finish, please indicate when these participants graduated from the program within the following time frames: 0-6 months 7-12 months 13-18 months 19-24 months 25 months or more TOTAL (should be equal to the total number of successful completions) 28. Please enter the ethnicity and gender of each participant who successfully completed all program requirements excluding financial obligations during the reportingperiod: Ethnicity Males Females Gender Unknown Hispanic or Latino/a Non-Hispanic or Latino/a Unknown TOTAL (should be equal to the total number of participants who successful completed all program requirements) [24-SOC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 40 of47 PO G 16D1 0 29. Please enter the race and gender of each participant who successfully completed all program requirements during this reporting period: Race Males Females Gender Unknown White Black or African American Asian American Indian or Alaska Native Pacific Islander or Native Hawaiian Multiracial Unknown Other TOTAL (should be equal to newly admitted participants to the program during this reporting period) 30. Please enter the number of individuals who exited the program unsuccessfully for the categories below. (Participants should not fit in more than one category, so choose the option that best represents why these individuals did not complete the program) Number of participants no longer in the program due to court or criminal involvement(technical violation, arrest, conviction, revocation, reincarceration) Number of participants no longer in the program due to a lack of engagement(no- shows and non-responsive participants) Number of participants no longer in the program due to absconding Number of participants no longer in the program due to relocating or case transfer Number of participants no longer in the program due to death or serious illness Number of participants who did not complete the program for other reasons (please specify) TOTAL 31. Of those drug court participants who exited the Drug Court Program unsuccessfully or did not complete the program,please indicate when these participants left the program based on the following time frames: 0-3 months [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 41 of47 PO C 16D10 4-6 months 7-9 months 10-12 months 13-18 months 19 or more months TOTAL 32. Please enter the ethnicity and gender of each participant who exited the program unsuccessfully during the reporting period: Ethnicity Males Females Gender Unknown Hispanic or Latino/a Non-Hispanic or Latino/a Unknown TOTAL (should be equal to the total number of participants who successful completed all program requirements) 33. Please enter the race and gender of each participant who exited the program unsuccessfully during the reporting period. Race Males Females Gender Unknown White Black or African American Asian American Indian or Alaska Native Pacific Islander or Native Hawaiian Multiracial Unknown Other TOTAL (should be equal to newly admitted participants to the program during this reporting period) ALCOHOL AND SUBSTANCE ABUSE INVOLVEMENT 34. Of those enrolled in the drug court program at least 90 days, please enter the total (unduplicated) number of participants tested for alcohol, non-prescribed medications, or illegal substances during the reporting period and those that tested positive for the presence of alcohol, non-prescribed medications, or illegal substances during the reporting period. Number of participants tested: [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 42 of 47 PO G 16D10 Number of participants who tested positive: AFFORDABLE CARE ACT 35. Does your program track healthcare coverage for participants? (This includes screening participants for healthcare eligibility,providing enrollment services/support, or tracking/gathering information regarding participants who already have healthcare. Healthcare includes benefits such as Medicaid, Medicare, or veterans benefits) Yes No 36. Please complete the following table about health care and Medicaid coverage for your program during the reporting period Measure How many new How many program How many program program participants were participants were participants found to be eligible: enrolled: came into the (eligible participants (enrolled program with: are those that meet participants are the requirements to those who were qualify for health enrolled in health care coverage. Not all care benefits during eligible applicants the reporting period) will necessarily be enrolled in coverage) ANY health care coverage (private, government, self employment based, Medicare,Medicaid, military) Of those,Medicaid coverage [24-SOC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 43 of 47 PO G 16010 37. Please complete the following table for health care and Medicaid coverage for participants EXITING the program during this reporting period. (Program exit can mean successfully completing the program requirements or unsuccessfully exiting the program without completing the requirements and can occur at anytime during this reportingperiod) Measure How many program How many program participants were found to participants were enrolled be eligible at EXIT for: at EXIT (enrolled (eligible participants are participants are those who those that meet the were enrolled in health care requirements to qualify for benefits at program exit) health care coverage.Not all eligible applicants will necessarily be enrolled in coverage) ANY health care coverage (private,government, self, employment based,Medicare, Medicaid, military) Of those,Medicaid coverage NARRATIVE QUESTIONS The following questions must be answered in January and July of each calendar year. Please answer based on your experience for the last 6-month period. 1. What were your accomplishments during this reporting period? 2. What goals were accomplished as they relate to your grant application? 3. What problems/barriers did you encounter, if any, within the reporting period that prevented you from reaching your goals or milestones? 4. Is there any assistance that BJA can provide to address any problems/barriers identified in Question#3? 5. Are you on track to complete your program fiscally and programmatically as outlined in your grant application?If no,please explain. [24-S O C-0114 8/184 5 5 72/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 44 of 47 PO G ' bolo 6. What major activities are planned for the next six months? 7. Based on your knowledge of the criminal justice field, are there any innovative programs/accomplishments that you would like to share with BJA? I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents your electronic signature. [24-S OC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 45 of 47 PO G 16D10 EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of Federal award amounts expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F—Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 [24-S0C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-01 2023-GG-04295-DGCT Page 46 of 47 PO ( 1 6 D 1 0 EXHIBIT E CONTRACT BETWEEN COLLIERCOUNTY AND BUREAU OF JUSTICE ASSISTANCE AWARD NUMBER: 15PBJA-23-GG-04295-DGCT [24-SOC-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJBJA-23-O 1 2023-GG-04295-DGCT Page 47 of 47 PO G