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Agenda 04/23/2024 Item #16D 6 (2-Grant Subrecipiens Amendment w/David Lawrence Mental Health Center, Inc. & Collier County Sheriff's Office)04/23/2024 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign two grant subrecipient amendments, (1) a First Amendment with the David Lawrence Mental Health Center, Inc., to reduce the award by $101,728.60 and match by $100,000, and (2) a First Amendment with the Collier County Sheriff’s Office to increase the award by $103,728.60 and match by $100,562.96, both to further support the County’s Criminal Justice, Mental Health, and Substance Abuse Reinvestment grant program (LH823). (Fiscal Impact $0). OBJECTIVE: To allow for continued implementation of a comprehensive Medication Assisted Treatment (MAT) program for individuals in and exiting the Collier County jail system. CONSIDERATIONS: On March 23, 2021, Agenda Item #16.D.10, the Board of County Commissioners (“Board”) approved the submittal of an “After-the-Fact” grant application to the Florida Department of Children and Family Services (DCF) for a 3-year Criminal Justice, Mental Health, and Substance Abuse (CJMHSA) Reinvestment grant. On June 22, 2021, Agenda Item #16.D.16, the Board accepted the notification of award from DCF in the amount of $1,200,000 and authorized the County Manager to sign the agreement. On October 12, 2021, Agenda Item #16.D.1, the Board approved the sub-recipient agreements between Collier County and the Collier County Sheriff’s Office (CCSO), and the David Lawrence Center (DLC) for the Criminal Justice, Mental Health, Substance Abuse (CJMHSA) grant program. To fully expend all funds each subrecipient has received, it is necessary for the County to update the funding for each agreement, make required changes to staff contact information, and add required state E-Verify language. The following is a summary of the changes contained in each of the First Amendments: 1. David Lawrence Mental Health Center, Inc. · Reduce total funding from $261,466.60 to $159,738 · Add the UEI number and remove the DUNS number · Add the CSFA number · Reduce Project Component One: Salaries from $154,568.60 to $130,438.88 · Reduce Project Component Two: Equipment from $1,0000 to $950 · Reduce Project Component Four: Other from $93,398 to $15,849.12 · Reduce Total Match funds from $259,739 to $159,738 · Update Project Tasks to include project site ADA Accessibility, meeting attendance requirements, and documentation requirements · Update Deaf and Hard of Hearing report due date in Performance Deliverables · Update Grant Coordinator and Records Custodian contact information · Update Exhibit C Task List · Update Exhibit F Method of Payment · Update Employment Screening to include E-Verify 2. Collier County Sheriff’s Office · Increase total funding from $845,280 to $949,008.60 · Add the UEI number and remove the DUNS number · Add CSFA number · Increase the FTE from .50 to 1.0 for both the RN and ARNP in subcontracted personnel and allow the combination of personnel to equal the FTE count · Reduce Component One: Subcontracted Personnel from $360,648 to $300,718.03 · Increase Component Two: Medications from $484,632 to $648,290.57 · Increase match funds from $929,398.89 to $1,029.961.85 · Update Project Tasks to include project site ADA Accessibility, meeting attendance requirements, and documentation requirements · Update Deaf and Hard of Hearing report due date in Performance Deliverables 16.D.6 Packet Pg. 1088 04/23/2024 · Update Payment Deliverables language for pay request due date · Update Grant Coordinator and Records Custodian contact information · Update Exhibit C Task List · Update Exhibit F Method of Payment · Update Employment Screening to include E-Verify FISCAL IMPACT: The recommended actions described in this Executive Summary have no new Fiscal impact. The funding source for the grant award is the Criminal Justice Mental Health Substance Abuse Reinvestment Grant. The David Lawrence Mental Health Center, Inc. and the Collier County Sheriff’s Office are budgeted within Housing Grant Fund (1835), Project 33766. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval -DDP RECOMMENDATION: To approve and authorize the Chairman to sign two grant subrecipient amendments: (1) a First Amendment with the David Lawrence Mental Health Center, Inc., to reduce the award by $101,728.60 and match by $100,000, and (2) a First Amendment with the Collier County Sheriff’s Office to increase the award by $103,728.60 and match by $100,562.96, both to further support the County’s Criminal Justice, Mental Health, and Substance Abuse Reinvestment grant program (LH823). (Fiscal Impact $0). Prepared By: Carolyn Noble, Grants Coordinator, Community & Human Services Division ATTACHMENT(S) 1. EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA CCSO Reduced File Size (PDF) 2. EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (PDF) 3. CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (PDF) 4. DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (PDF) 16.D.6 Packet Pg. 1089 04/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6 Doc ID: 28447 Item Summary: Recommendation to approve and authorize the Chairman to sign two grant subrecipient amendments, (1) a First Amendment with the David Lawrence Mental Health Center, Inc., to reduce the award by $101,728.60 and match by $100,000, and (2) a First Amendment with the Collier County Sheriff’s Office to increase the award by $103,728.60 and match by $100,562.96, both to further support the County’s Criminal Justice, Mental Health, and Substance Abuse Reinvestment grant program (LH823). Meeting Date: 04/23/2024 Prepared by: Title: – Community & Human Services Name: Carolyn Noble 03/28/2024 2:29 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 03/28/2024 2:29 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Completed 03/28/2024 2:50 PM Community & Human Services Tami Bailey Other Reviewer Completed 03/29/2024 8:02 AM Operations & Veteran Services Jeff Weir OVS Director Review Completed 03/29/2024 12:03 PM Community & Human Services Donald Luciano Other Reviewer Completed 03/29/2024 2:07 PM Public Services Department Todd Henry Level 1 Department Review Completed 04/01/2024 8:13 AM Grants Erica Robinson Level 2 Grants Review Completed 04/05/2024 10:03 AM Public Services Department Tanya Williams PSD Department Head Review Completed 04/11/2024 2:19 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 04/16/2024 10:25 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/16/2024 10:38 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/16/2024 11:01 AM Grants Therese Stanley OMB Reviewer Completed 04/16/2024 8:27 PM Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 04/17/2024 11:03 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/17/2024 2:26 PM Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM 16.D.6 Packet Pg. 1090 16.D.6.aPacket Pg. 1091Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA CCSO Reduced File Size (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.aPacket Pg. 1092Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA CCSO Reduced File Size (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.aPacket Pg. 1093Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA CCSO Reduced File Size (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.aPacket Pg. 1094Attachment: 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Florida Department of Children and Families Total Amount of $261,466.60 Funds Awarded Subrecipient Name David Lawrence Mental Health Center, Inc. DUNS# 096580782 FEIN# 59-2206025 Period of 10/1/2021 -9/30/2024 Performance Fiscal Year End 6/30 Monitor End Date 12/2024 AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER, INC. (DLC) Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant (CJMHSA) . 1~ TIDS AGREEMENT is made and entered into this \ o} day of De--\-· , 2021, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and David Lawrence Mental Health Center, Inc. (SUBRECIPIENT), authorized to do business under the laws of the State of Florida, having its principal office at 6075 Bathey Lane, Naples, Florida 34116. WHEREAS, the Board of County Commissioners of Collier County (Board), on June 22, 2021 -Agenda Item 16.D.16, accepted an award from the Florida Department of Children and Families (DCF) for execution and implementation of a Criminal Justice Mental Health Substance Abuse Reinvestment Grant (CJMHSA); and WHEREAS, the COUNTY and SUBRECIPIENT desire to provide the activities specified in this Agreement; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CJMHSA Program as a valid and worthwhile COUNTY purpose. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree as follows: David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-01 Page 1 of 48 16.D.6.b Packet Pg. 1137 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) PART! SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CJHMSA funds, as determined by Collier County Community and Human Service (CHS), perform the tasks necessary to conduct the program as follows: Project Name: Collier Criminal Justice MAT Program. Project Description: This is a three-year Grant Agreement, pursuant to the authority under Section 394.656, Florida Statutes. SUBRECIPIENT shall implement the Collier Criminal Justice Medication-Assisted Treatment (MAT) Program for inmates in the Collier County jail who are transitioning into the community. Services shall include but are not limited to: MAT administration and maintenance, medications, case management, peer support and recovery coaching, treatment linkage and referrals, and other supportive services. Project Component One: Salary for one (1.0 FTE) Care Coordinator and partial salary for one (0.5 FTE) Peer Specialist Project Component Two: Equipment, including laptops for program staff Project Component Three: Project Evaluation Project Component Four: Other costs, including: medications, transportation expenses, and transitional housing costs for clients Detailed Scope of Work and Major Objectives are contained in Exhibit B. SUBRECIPIENT shall provide services in accordance with the terms and conditions of Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Application (CJMHSA) and SUBRECIPIENT's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the paities and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the COUNTY'S and DCF's procedures in effect at the time such services are authorized. The SUBRECIPIENT shall perform all tasks and provide units of deliverables, including reports, findings, and drafts, as specified in this Agreement. These deliverables must be received and accepted by the Grant Coordinator in conjunction with the pay requests, subject to audit and review and to the satisfaction of the COUNTY. The COUNTY'S determination of acceptance shall be conclusive. The COUNTY's receipt of repmts and other submissions by SUBRECIPIENT does not constitute acceptance thereof. David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-0l Page 2 of 48 16.D.6.b Packet Pg. 1138 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be delivered by the SUBRECIPIENT within sixty (60) days, except as stated: IZ! Affirmative Action/ Equal Opportunity Policy IZ! Conflict of Interest Policy IZ! Procurement Policy IZ! Sexual Harassment Policy D Section 3 Policy IZ! Section 504/ADA and CFOP 60-10, Chapter 4 Policy, due in 30 days IZ! Fraud, Waste, and Abuse Policy IZ! Language Assistance and Planning Policy (LAP) IZ! Violence Against Women Act (VA WA) IZ! Equal Access for Transgender Persons Policy (LGBTQ Policy) IZ! Personally Identifiable Information (PII) Policy Annual Subrecipient Training -All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered Subrecipient training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four ( 4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training . 1.2 PROJECT DETAILS A. Project Description/Budget Activity Project Component One: Salaries Project Component Two: Equipment Project Component Three: Project Evaluation Project Component Four: Other Match Funds Grand Total: David Lawrence Mental Health Center, Inc . Criminal Justice MAT Program CJMHSA21-01 Page 3 of 48 DCFBudget Match Liability Amount $154,568.60 $259,738.00 $ 1,000.00 $0.00 $ 12,500.00 $0 .00 $ 93,398.00 $0.00 $259,738.00 Subrecipient Required Match $521,204.60 $259,738.00 16.D.6.b Packet Pg. 1139 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) The SUBRECIPIENT will accomplish the following project tasks: Project Tasks (Refer to Exhibit C for more detail regarding Project Tasks .) ~ Appoint and train necessary staff for program implementation ~ Provide Medication-Assisted Treatment and other supportive services to program participants ~ Submit Quarterly Program Services Reports ~ Submit Annual Financial Reports ~ Ensure participation by necessary staff in Public Safety Coordinating Council meetings, annually at minimum ~ Ensure attendance by representatives from treatment and executive management at scheduled partnership meetings, as requested by CHS ~ Participate in annual evaluations conducted by contracted evaluators from Florida Gulf Coast University B. Performance Measures: Performance Measures are set forth in Exhibit E. By execution of this Agreement, SUBRECIPIENT acknowledges and agrees that its performance under the Agreement · must meet the minimum performance measures and that it will be bound by the conditions set forth therein. If SUBRECIPIENT fails to meet these standards, COUNTY, at its exclusive option may allow a reasonable period, not to exceed two quarters, for SUBRECIPIENT to correct performance deficiencies. If performance deficiencies are not resolved, COUNTY, at its discretion may terminate the Agreement and request repayment of any or all payments made prior. C. Performance Deliverables The Following Table Details the Project Deliverables Rep01i/Deliverable Name Supporting Document Due Date Monthly Payment Request Match Quarterly Program Services Report David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA2 I -O I As detailed in Exhibit F and G Match Documentation, Exhibit G-1 Quarterly Service Rep011 Page 4 of 48 Monthly submission; Pay requests for the month shall be submitted no later than 25 days after the month end Monthly submission; Pay requests for the month shall be submitted no later than 25 days after the month end 1 oth day following the end of the quarter 16.D.6.b Packet Pg. 1140 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) Annual Financial Report Final Program Report Incident Report Employment Screening Certification Security Awareness Training Insurance Favorable Conditions Annual Audit Monitoring Report Financial and Compliance Audit Disaster Plan Deaf and Hard-of-Hearing Conflict oflnterest Civil Rights Compliance Checklist Inventory and Scrutinized Company Affidavit D. Payment Deliverables Payment Deliverable Project Comgonent One: Funding costs include but are not limited to: Salary costs for one (1.0 FTE) Care Coordinator and partial salary for one (0.5 FTE) Peer Specialist David Lawrence Mental Health Center, Inc . Criminal Justice MAT Program CJMHSA2 l -O I Annual Financial Report 30 days following the end of each Program Year Final Program Report 30 days following the ending Template date of the Agreement Incident Report Per Occurrence Certification for each October 31 and per employee working on Grant occurrence for each new hire Certificate for those staff At Agreement execution and entering data into the State annually thereafter System Insurance Certificate / At Agreement execution and Declaration, Exhibit A within 30 days of expiration Attestation Forms October 31 and annually thereafter Exhibit H Annually within 60 days after end of fiscal year Audit, Management Letter, Annually 9 months after FY and Supporting end for Single Audit OR 180 Documentation days after FY end Plan Within 30 days of Agreement execution and within 30 days of any changes to plan Single Point-of-Contact and 1 oth day following the end of ADA Report the quarter CHS Conflict oflnterest Within 30 days of hire for Form each new employee working on grant Civil Rights Compliance Annually Checklist Inventory and Scrutinized Annually Company Affidavit Payment Supporting Submission Schedule Documentation Submission of monthly invoices Monthly submission; Pay and backup as evidence by requests for the month invoice, timesheets/payroll shall be submitted no later registers, check stubs, banking than 25 days after the documents, Exhibit B, and any month end additional documentation as requested. Page 5 of 48 16.D.6.b Packet Pg. 1141 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) Project Comgonent Two: Submission of monthly invoices Monthly submission; Pay Equipment, including laptops and supporting documents, as requests for the month for program staff evidenced by procurement shall be submitted no later documentation, invoices, check than 25 days after the stubs, bank statements, and any month end other additional documentation as requested. Project Comgonent Three: Submission of monthly invoices Monthly submission; Pay Project Evaluation and supporting documents, as requests for the month evidenced by sub-contract (first shall be submitted no later pay request), invoices, check than 25 days after the stubs, bank statements, and any month end other additional documentation as requested. Project Comgonent Four: Submission of monthly invoices Monthly submission; Pay Other costs, including: and supporting documents, as requests for the month medications, transportation evidenced by vendor contract (as shall be submitted no later expenses, and transitional applicable), invoices, check than 25 days after the . housing costs for clients stubs, bank statements, and any month end other additional documentation as requested. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT's services shall begin on October 1, 2021 and end on September 30, 2024. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional period during which the SUBRECIPIENT remains in control of CJMHSA funds. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available TWO HUNDRED AND SIXTY-ONE THOUSAND, FOUR HUNDRED AND SIXTY-SIX DOLLARS AND SIXTY CENTS ($261,466.60) for use by the SUBRECIPIENT, during the Term 9f the Agreement (hereinafter, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance, by the COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10 percent of the total funding amount and no amount to a change in scope. Fund shifts that exceed 10 percent between project components shall only be made with Collier County Board of Commissioners (Board) approval. David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-01 Page 6 of 48 16.D.6.b Packet Pg. 1142 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) Match is required for CJMHSA funds. SUBRECIPIENT is required to provide match funds throughout a fiscal year . Contributions that have or will be counted as satisfying a matching requirement of another grant or award may not count as satisfying the matching contribution for this Program. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS . SUBRECIPIENT may not request disbursement of CJMHSA funds until funds are needed for the payment of eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. However, invoices for work perfmmed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during a month, or if the SUB RECIPIENT is not yet prepared to send the required backup, a $0 invoice is required . Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUB RECIPIENT fails to perf01m the minimum level of service required by this Agreement. Final invoices are due no later than 30 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 30 days without written authorization from the Grant Coordinator will not be reimbursed. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of the Agreement. The extension must be authorized in writing by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state, or Federal requirements. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and supporting documentation in compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or 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 David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA2 l -O I ATTENTION: Catherine Sherman, Grant Coordinator Collier County Government Center Community and Human Services Division 3339 E. Tamiami Tr"ail, Suite 211 Naples, FL 34112 Email: Catherine. Sherman@col l iercountyfl. gov Page 7 of 48 16.D.6.b Packet Pg. 1143 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) SUB RECIPIENT David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-01 Phone: 239-252-1425 ATTENTION: Scott Burgess, President and CEO David Lawrence Mental Health Center, Inc. 6075 Bathey Lane Naples, Florida 34116 Email: scottb@DLCenters.org Phone: 239-354-1424 Page 8 of 48 16.D.6.b Packet Pg. 1144 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY ( and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit, all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must clear any deficiencies noted in audit reports within 30 days after receipt. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with Chapter 119, Florida Statutes and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by CJMHSA regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All repo1ts, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY at any time upon request by the COUNTY or CHS, pursuant to 45 Code of Federal Regulations (CFR) 92.36(i)(l 0). 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. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to CHS if requested. In any event, the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for six (6) years after the date of submission of the annual performance and evaluation David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-0I Page 9 of 48 16.D.6.b Packet Pg. 1145 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) report, with the following exception: if any litigation, claim, or audit is started before the expiration date of the six (6) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If the SUBRECIPIENT ceases to exist after the closeout of this Agreement, it will notify the COUNTY, in writing, of the address where the records are to be kept. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox@colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. 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 this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and released from public records disclosure requirements are not disclosed, except as authorized by law. 2.3 INTELLECTUAL PROPERTY It is agreed that all intellectual property, inventions, written or electronically created materials, including manuals, presentations, films, or other copyrightable materials, arising in relation to SUBRECIPIENT's performance under this Agreement, and the performance of all of its officers, agents, and subcontractors in relation to this Agreement, are works for hire for the benefit of the COUNTY, fully compensated for by the contract amount, and that neither SUBRECIPIENT nor any of its officers, agents, or subcontractors may claim any interest in any intellectual property rights accruing under or in connection with the performance of this Agreement. It is specifically agreed that the Agreement shall have exclusive rights to all data processing software falling within the terms of Section 119.084, Florida Statute, which arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith. Notwithstanding for foregoing provision, if SUB RECIPIENT is a university and a member of the State University System of Florida, then Section 1004.23, Florida Statute shall apply. David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-01 Page 10 of 48 16.D.6.b Packet Pg. 1146 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) A. If SUBRECIPIENT uses or delivers to the COUNTY for its use or the use of its employees, agents, or contractors any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood that the compensation paid pursuant to this Agreement includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this Agreement. For purposes of this provision, the term "use" shall include use by the SUBRECIPIENT during the term of this Agreement and use by the COUNTY, its employees, agents, or contractors during the term of this Agreement and perpetually thereafter. B. All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. Notwithstanding the foregoing provision, if the SUBRECIPIENT or one of its subcontractors is a university and a member of the State University System of Florida, then Section 1004.23, Florida Statute, shall apply, but the COUNTY shall retain a perpetual, fully paid, nonexclusive license for its use and the use of its contractors of any resulting patented copyrighted, or trademarked work products. 2.4 DATA SECURITY SUBRECIPIENT shall comply with the following data security requirements whenever it, or its subcontractors, have access to COUNTY data systems or maintain any client or other confidential information in electronic form. A. SUBRECIPIENT shall identify an appropriately skilled individual to function as its Data Security Officer. The Data Security Officer shall act as the liaison to the COUNTY's security staff and will maintain an appropriate level of data security for the information collected or used in the performance of this Agreement. An appropriate level of security includes approving and tracking all SUB RECIPIENT employees that request or have access to any COUNTY data system or information. The Data Security Officer will ensure that use access to the data system or information has been removed from all terminated SUBRECIPIENT employees. B. SUBRECIPIENT employees who have access to State information shall complete the latest DCF security awareness training. C. All SUBRECIPIENT employees who have access to State information shall comply with, and be provided a copy of CFOP 50-2, and shall sign the DCF Security Contract form CF0l 12 annually. A copy of CF 0112 may be obtained from the CHS Grant Coordinator. D. SUB RECIPIENT shall make every effort to protect and avoid unauthorized release of any personal or confidential information by ensuring both data and mobile storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA2 l -O 1 Page 11 of 48 16.D.6.b Packet Pg. 1147 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) devices is not possible, the SUBRECIPIENT shall ensure that unencrypted personal and confidential State data will not be stored on unencrypted storage devices. E. SUBRECIPIENT agrees to notify the Grant Coordinator as soon as possible, but no later than five (5) business days following the determination of any breach or potential breach of personal and confidential State data. F. SUBRECIPIENT shall, at its own cost, provide notice to affected parties no later than 45 days following the determination of any potential breach of personal or confidential COUNTY or State data as provided in Section 817.5681, Florida Statutes . SUBRECIPIENT shall also, at its own cost, implement measures deemed appropriate by the COUNTY to avoid or mitigate potential injury to any person due to a breach or potential breach of personal and confidential COUNTY data. SUB RECIPIENT shall cause each of its subcontractors having access to COUNTY or State data systems or maintaining any client or other confidential information in electronic form to comply with the provisions of this section and the term "Subrecipient" shall be deemed to mean the subcontractor for such purposes. 2.5 CONFIDENTIAL CLIENT AND OTHER INFORMATION Except as provided in this Agreement, SUBRECIPIENT shall not use or disclose but shall protect and maintain the confidentiality of any client information and any other information made confidential by State or Federal laws or regulations that is obtained or accessed by SUBRECIPIENT or its subcontractor's incidental to performance under this Agreement. 2.6 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT In compliance with 45 CFR 164.504(e), SUBRECIPIENT shall comply with the provisions of this Agreement, governing the safeguarding, use, and disclosure of Protected Health Information created, received, maintained, or transmitted by SUBRECIPIENTS or its subcontractors incidental to performance under this Agreement. 2.7 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit H) 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. SUBRECIPIENT agrees that CHS will 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. David Lawrence Mental Health Center, Inc . Criminal Justice MAT Program CJMHSA21-01 Page 12 of 48 16.D.6.b Packet Pg. 1148 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) SUBRECIPIENT shall, upon the request of CHS, submit information and status rep01ts required by CHS or DCF to enable CHS to evaluate said progress and allow for completion of required reports . SUBRECIPIENT shall allow CHS or DCF to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or DCF. The COUNTY will monitor the performance of the SUB RECIPIENT based on goals and performance standards, as stated, with all other applicable federal, state, and local laws, regulations, and policies governing the funds provided under this Agreement. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SUB RECIPIENT agrees to provide DCF, the DCF 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, during the term of the agreement and the records retention period. 2.8 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 the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT' s internal control systems and all transactions and other significant events are to be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. In accordance with Subsection 112.3187(2), Florida Statutes, SUBRECIPIENT may not retaliate or discriminate against any employee or other person who rep01ts a violation of the terms of this Agreement, or any law, rule, or regulation that creates substantial and specific danger to the public's health, safety, or welfare, to the COUNTY or any appropriate law enforcement authority, if the report is made in good faith . Furthermore, agencies or independent contractors shall not retaliate against any person wo discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the patt of an agency, public officer, or employee. SUBRECIPIENT and any subcontractor shall inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector General, the Florida Commission on Human Relations or the Whistle-Blower's Hotline at 1-800-543-5353. David Lawrence Mental He alth Center, Inc. Criminal Justice MAT Program CJMHSA21-01 Page 13 of 48 16.D.6.b Packet Pg. 1149 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 2.9 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. To effectively enforce Collier 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 requires SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following the monitoring visit. o Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. o CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT as needed in order to correct the noncompliance issue. 2. If a SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount to be returned to the COUNTY. o CHS may require upwards of 5 percent of the award amount be returned to CHS, at the discretion of the Board. o The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT continues to be noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by ce1tified mail; CHS may require a portion of the awarded grant amount be returned to the COUNTY. o CHS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • o The SUBRECIPIENT will be in violation of Resolution No. 2013-228. 4. If after repeated notification the SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. o CHS will make a recommendation to the Board to immediately terminate the Agreement. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the terminated project. David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-0l Page 14 of 48 16.D.6.b Packet Pg. 1150 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) o The SUBRECIPIENT will be 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 discretion of the Board of County Commissioners. 2.10 NONCOMPLIANCE PENALTIES In accordance with the provisions of section 402.73(1), F.S., and Rule 65-29.001, F.A.C., should DCF require a corrective action to address noncompliance under this Agreement, incremental penalties listed herein shall be imposed for SUBRECIPIENT failure to achieve the corrective action. These penalties are cumulative and may be assessed upon each separate failure to comply with instructions from the DCF to complete corrective action but shall not exceed 10 percent of the total agreement payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made . These penalties do not limit or restrict DCF's application of any other remedy available to it under law or its agreement wiuth the COUNTY. 1. Noncompliance that is determined by the Department to have a direct effect on client health and safety shall result in the imposition of a 10 percent penalty of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. 2. Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the imposition of a 5 percent penalty. 3. Noncomplaince as a result of unacceptable performance of administrative tasks shall result in the imposition of a 2 percent penalty. 2.11 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate repmis required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress repotis to the COUNTY on the 10 th day ofJanuary, April, July, and October respectively for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT also 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 E, which contxains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Repo1is and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and te1mination of this Agreement. David Lawrence Mental Health Center, Inc . Criminal Justice MAT Program CJMHSA21-0l Page 15 of 48 16.D.6.b Packet Pg. 1151 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS/ASSIGNMENT/ANTI-COMPETITIVE CONTRACTS SUBRECIPIENT shall not assign its responsibilities under this Agreement to another party, in whole or part, without prior written approval from the COUNTY, upon the COUNTY's sole determination that such assignment will not adversely affect the public interest. No payment shall be made under this Agreement to any factor or other person who has been assigned or transferred the right to receive payment in lieu of or on behalf of the SUBRECIPIENT except upon full and faithful performance of SUBRECIPIENT's duties hereunder. Any assignment or transfer occurring without prior COUNTY approval shall be null and void. SUBRECIPIENT shall not subcontract for any work contemplated under this Agreement without prior written approval of the COUNTY, which shall not be unreasonably withheld. The COUNTY shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida or to a Subrecipient of the COUNTY's selection, upon giving prior written notice to SUBRECIPIENT, If Agreement is assigned by either party, this Agreement shall remain binding upon the lawful successors in interest of SUBRECIPIENT and the COUNTY. SUBRECIPIENT is responsible for all work performed and for all commodities produced pursuant to this Agreement, whether furnished by SUBRECIPIENT or its subcontractors. Any subcontracts shall be evidenced by a written document. SUBRECIPIENT further agrees that the COUNTY shall not be liable to the subcontractor in any way or for any reason relating to this Agreement. SUBRECIPIENT shall include, in all subcontract (at any tier) the substance of all clauses contained in this Agreement that mention or describe subcontract compliance, as well as all clauses applicable to that portion of the SUBRECIPIENT's being performed by or through the subcontract. SUBRECIPIENT will not offer, enter into, or enforce any formal or informal contract with any person, firm, or entity under which the parties agree to refrain from competing for any future service contract or limit in any manner the ability of either party to obtain employment by or provide services to the COUNTY or a Subrecipient of services to the COUNTY. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with all applicable Federal, State, and Local laws, regulations, and policies governing the funds provided under this Agreement. The David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA2 l-O l Page 16 of 48 16.D.6.b Packet Pg. 1152 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. SUBRECIPIENT shall ensure all staff and subcontractors associated with this Agreement have been screened as required by Federal law in accordance with Chapter 435 Florida Statutes, are of good moral character and meet the Level 2 Employment Screening standards. Unauthorized aliens shall not be employed. Employment of unauthorized aliens shall be cause for unilateral termination of this Agreement by the COUNTY for violation of Section 274(e) of the Immigration and Nationality Act (8 USC § 1324a) and Section 101 of the Immigration Reform and Control Act of 1986. SUBRECIPIENT will enroll in and use the E-verify system established by the US Department of Homeland Security to verify the employment eligibility of its employees performing under this Agreement. Employees assigned to the Agreement means all persons employed or assigned (inch1ding all subcontractors) by SUBRECIPIENT during the Agreement term to perform work pursuant to this Agreement within the United States and its territories. Furthermore, SUBRECIPIENT's failure to comply with the laws referenced herein shall constitute a breach of this Agreement and the COUNTY shall have the discretion to unilaterally terminate this Agreement immediately. 3.3 EMPLOYMENT SCREENING SUBRECIPIENT shall ensure that all its staff and subcontractors that are required by Florida law to be screened in accordance with Chapter 435, Florida Statute are of good moral character and meet the Level 2 Employment Screening standards specified by Sections 435.04, 110.1127, and subsection 39.001(2)), Florida Statutes, as a condition of initial and continued employment that shall include but not limited to: A. Employment history checks B. Fingerprinting for all criminal record checks C. Statewide criminal and juvenile delinquency records checks through the Florida County of Law Enforcement (FDLE) D. Federal criminal records from the Federal Bureau of Investigation via the Florida County of Law Enforcement and E. Security background investigation, which may include local criminal record checks through local law enforcement agencies. Attestation by each employee, subject to penalty of perjury, to meeting the requirements for qualifying for employment pursuant to Chapter 435, Florida Statutes, and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer. SUBRECIPIENT shall sign an affidavit each State fiscal year for the term of the contract stating that all required staff have been sc1·eened or the SUBRECIPIENT is awaiting results of screening. David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-0l Page 17 of 48 16.D.6.b Packet Pg. 1153 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 3.4 KEY PERSONNEL/PROJECT STAFFING SUBRECIPIENT personnel and management used for this project shall be knowledgeable in their areas of expertise. The COUNTY reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be used in the performance of the Agreement. SUBRECIPIENT shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service. SUBRECIPIENT shall not change Key Personnel unless the following conditions are met: 1) Proposed replacements have substantially the same or better qualifications and/or experience; 2) the COUNTY is notified in writing in advance. SUBRECIPIENT shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The COUNTY retains final approval of proposed replacement personnel. 3.5 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 SUB RECIPIENT shall at all times remain an independent contractor of the COUNTY 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 the SUBRECIPIENT is independent of the COUNTY and an employer/employee relationship will not be created. Nothing herein contained shall constitute the SUBRECIPIENT as an agent of the COUNTY. 3.6 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 COUNTY's governing body. 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, and available funding amounts, or for other reasons. If such amendments result in a change in funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the COUNTY and SUB RECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the County Manager or designee may grant a cumulative time extension David Lawrence Mental Health Center, Inc . Criminal Justice MAT Program CJMHSA21-01 Page 18 of 48 16.D.6.b Packet Pg. 1154 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) of no more than 180 days and modify any subsequent project work plans to reflect the extension. 3.7 MOST FAVORED PARTY STATUS SUBRECIPIENT represents and warrants that the prices and terms for its services under this Agreement are no less favorable to the COUNTY than those for similar services under any existing contracts with any other party. SUBRECIPIENT fmiher agrees that, within 90 days of entering into a contract or contract amendment or offering to any other pmiy services similar to those under this Agreement under prices or terms more favorable than those provided in this Agreement, SUBRECIPIENT will repo1i such prices and terms to the COUNTY, which prices or terms shall be effective as an amendment to this Agreement upon the COUNTY's written acceptance thereof. Should the COUNTY discover such other prices or terms, the same shall be effective as an amendment to this Agreement retroactively to the earlier of the effective date of this Agreement (for other contracts in effect as of that date) or the date they were fist contracted or offered to the other party (for subsequent contracts, amendments, or offers) and any payment in excess of such pricing shall be deemed overpayments. SUBRECIPIENT shall submit an affidavit no later than July 31 st of each year during the term of this Agreement attesting that SUB RECIPIENT is compliant with this provision, as required by Section 216.0113, Florida Statute. 3.8 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CJMHSA grant funds provided by DCF and must be implemented in full compliance with all ofDCF's rules and regulations and any agreement between COUNTY and DCF governing CJMHSA funds pertaining to this Agreement. In the event of curtailment or non-production of said funds, the financial sources necessary to continue to pay SUBRECIPIENT all or any portion of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.9 INDEMNIFICATION The SUB RECIPIENT shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the COUNTY and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by SUBRECIPIENT, its agents, employees, partners, or subcontractors, provided, however, David Lawrence Mental Health Center, Inc . Criminal Justice MAT Program CJMHSA21-01 Page 19 of 48 16.D.6.b Packet Pg. 1155 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) that the SUBRECIPIENT shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the COUNTY. Further, to the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue 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 the COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this Agreement. The duty to defend under Article 27 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the SUBRECIPIENT, COUNTY, and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to SUBRECIPIENT. SUBRECIPIENT's obligation to indemnify and defend under Article 027 will survive the expiration of earlier termination of this Agreement until it is determined by a final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereundei· is fully and finally barred by the applicable statute of limitations. 3.10 DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached during negotiations to the Board for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the paiiies arising out of this Agreement, the parties shall attempt to resolve the dispute through mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representative of SUBRECIPIENT with full decision-making authority and by the COUNTY's staff person who would make the presentation of any settlement reached at mediation to COUNTY'S Board for approval. Should either party fail to submit to mediation as required hereunder, David Lawrence Mental Health Center, Inc . Criminal Justice MAT Program CJMHSA21-01 Page 20 of 48 16.D.6.b Packet Pg. 1156 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) the other party may obtain a court order requiring mediation under Section 44.102, Florida Statute. 3.11 VENUE Any suit or action brought by either patty to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 3.12 GRANTEE RECOGNITION/SPONSORSHIPS As required by Section 286.25, Florida Statutes, SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "SPONSORED BY THE STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team. 3.13 PUBLICITY Without limitation, SUBRECIPIENT and its employees, agents, and representatives will not, without prior COUNTY or State written consent in each instance, use in adve1tising, publicity, or any other promotional endeavor any COUNTY or State mark, the name of the State or COUNTY's mark, the name of the State or COUNTY agency or affiliate or any officer or employee of the State or COUNTY, or any State or COUNTY program or service, or represent, directly or indirectly, that any product or service provided by SUBRECIPIENT has been approved or endorsed by the State or COUNTY, or refer to the existence of this Agreement in press releases, adve1tising, or materials distributed to the SUBRECIPIENT's prospective customers. 3.14 DEFAULTS, REMEDIES, AND TERMINATION This Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, upon no less than one-hundred and twenty (120) calendar days' notice, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the COUNTY determines that the remaining p01tion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. David Lawrence Mental Health Center, Inc . Criminal Justice MAT Program CJMHSA21-0l Page 21 of 48 0 J 16.D.6.b Packet Pg. 1157 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and DCF guidelines, policies, or directives as may become applicable at any time. B. SUBRECIPIENT's failure, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement. C. Ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission to the COUNTY of reports that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. Failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and 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 immediate repayment to the COUNTY of all funds the SUBRECIPIENT received under this Agreement. C. Stop all payments until identified deficiencies are corrected. D. Terminate this Agreement by giving a 90-day written notice to the SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. COUNTY shall be sole judge of nonperformance. 3.15 REVERSION OF ASSETS In the event that the COUNTY terminates this Agreement, SUBRECIPIENT's recovery against the COUNTY shall be limited to that portion of the Agreement Amount earned through the date of termination. SUBRECIPIENT shall not be entitled to any other or David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-01 Page 22 of 48 0 J 16.D.6.b Packet Pg. 1158 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) further recovery against the COUNTY, including but not limited to, any damages or any anticipated profit on portions of the services not performed. 3.16 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A, has been obtained and carried at all times during its performance. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. SUBRECIPIENT shall provide COUNTY with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be submitted to the COUNTY 10 days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: 10 days prior written notice, or in accordance with policy provisions. SUBRECIPIENT shall also notify COUNTY, in a like manner, within 24 hours after receipt of any notices of expiration, cancellation, non-renewal, or material change in coverage or limits from the insurer, and nothing contained herein shall relieve SUBRECIPIENT of this requirement to provide notice. SUBRECIPIENT shall ensure that all subcontractors comply with the same insurance requirements. 3.17 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the .Scope of Work in compliance with the Grant Budget and Scope of Work (Part I and Exhibit Band C), and the conditions ofCJMHSA Grant Application. 3.18 PURCHASING SUBRECIPIENTS are required to follow Collier County's Procurement Ordinance #2017- 08, as amended. All purchases for services and goods, including capital equipment, shall be made by purchase order or by a written contract in conformity with the thresholds of Collier County Purchasing Policy. Purchasing Threshold Policy Ranee($) Quotes $0 -$50,000 3 Written Quotes $50,001+ F01mal Solicitation (ITB, RFP, RFQ, RFI, etc.) SUBRECIPIENT shall procure any recycled products or materials that are subject to or are required to carry out this Agreement, in accordance with the provisions of Section 403.7065, Florida Statute. David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA2 l -O I Page 23 of 48 16.D.6.b Packet Pg. 1159 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 3.19 PUBLIC ENTITY CRIME AND DISCRIMATORY CONTRACTORS Pursuant to Sections 287.133 and 287.134, Florida Statutes, when a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, or an entity or affiliate has been placed on the discriminatory vendor list, such person, entity, or affiliate may not submit a bid, proposal, or reply for a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a contract for the construction or repair of pubiic buildings or public works; may not submit bids, proposals, or leases ofreal property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may transact business with any public entity; provided, however, that the prohibition on persons or affiliates placed on the convicted vendor list shall be limited to busines in excess of the threshold amount provided in Section 287.107, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3.20 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. 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 Section 2.2 of this Agreement, the SUBRECIPIENT shall comply with Section 119 .021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance ofunobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that comply with Section 215.97, Florida Single Audit Act. 3.21 CIVIL RIGHTS COMPLIANCE In accordance with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act of 1992, as applicable, the SUBRECIPIENT shall not discriminate against any employee ( or applicant for employment) in the performance of this Agreement because of race, color, religion, sex, national origin, disability, age, or marital status . Further, SUBRECIPIENT agrees not to discriminate against any applicant, client, or employee in service delivery or benefits in connection with any of its programs and activities in accordance with 45 CFR, Paits 80, 83, 84, 90, and 91; Title VI of the Civil Rights Act of 1964; or the Florida Civil Rights Act of 1992, as applicable; and CFOP 60-16. These requirements shall apply to all contractors, subcontractors, grantees, or others with who SUBREIPIENT arranges to provide benefits to clients or employees in connection with its programs and activities. If employing 15 or David Lawrence Mental Health Center, Inc . Criminal Justice MAT Program CJMHSA21-01 Page 24 of 48 16.D.6.b Packet Pg. 1160 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) more employees, SUBRECIPIENT shall complete the Civil Rights Compliance Checklist, CF Form 946, within 30 days of execution of this Agreement and annually thereafter in accordance with CFOP 600-16 and 45 CFR Part 80. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. 3.22 SUPPORT TO THE DEAF OR HARD-OF-HEARING Where direct services are provided, SUBRECIPIENT and is subcontractors shall comply with section 504 of the Rehabilitation Act of 1973, 29 USC 794, as implemented by 45 CFR Part 84 (hereinafter referred to as Section 504), the Americans with Disabilities Act of 1990, 42 USC 12131, as implemented by 28 CFR Part 35 (hereinafter referred to as ADA), and the Children and Families Operating Procedure (CFOP) 60-10, Chapter 4, entitled "Auxiliary Aids and Services for the Deaf or Hard-of-Hearing." A. If SUB RECIPIENT or any of its subcontractors employs 15 or more employees, it shall designate a Single Point-of-Contact (one per firm) to ensure effective communication with deaf or hard-of-hearing customers or companions, in accordance with Section 504 of the ADA and CFOP 60-10, Chapter 4. SUBRECIPIENT's and its subcontractors Single Point-of-Contact will process the compliance data into the COUNTY's HHS Compliance Reporting Database by the 5th business day of the month, covering the previous month's rep01ting, and forward confirmation of submission to the Contract Manager. The name and contact information for the SUBRECIPIENT's Single Point-of-Contact shall be furnished to the COUNTY's Grant or Contract Manager within 14 calendar days of the effective date of this requirement. B. SUBRECIPIENT shall, within 30 days of the effective date of this requirement, contractually require that its subcontractors comply with Section 504, the ADA, and CFOP60-10, Chapter 4. A Single Point-of-Contact shall be required for each subcontractor that employees 15 or more employees. This Single Point-of-Contact will ensure effective communication with deaf or hard-of-hearing customers or companions in accordance with Section 504 and the ADA coordinate activities and reports with the Provider's Single Point-of-Contact. C. The Single Point-of-Contact shall ensure that employees are aware of the requirements, roles and responsibilities, and contact points associated with compliance with Section 504, the ADA, and CFOP 60-10, Chapter 4. Further employees of SUBRECIPIENT and its subcontractors with 15 or more employees shall attest in writing that they are familiar with the requirements of Section 504, the ADA, and CFOP 60-10, Chapter 4. This attestation shall be maintained in the employee's personnel file. D. SUBRECIPIENT's Single Point-of-Contact will ensure that the conspicuous Notices that provide information about the availability of appropriate auxiliary aids and services at no-cost to the deaf or hard-of-hearing customers or companions are posted near where people enter or are admitted within the SUBRECIPIENT's David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-0 I Page 25 of 48 CAO 16.D.6.b Packet Pg. 1161 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) locations. Such Notices must be posted immediately by the SUBRECIPIENT and its subcontractors. The approved Notice can be downloaded from the internet at: https://www.myflfamilies.com/admin/servicedelivery/docs/Hearing%20Impaired %20(Combined%20Languages).pdf E. SUBRECIPIENT and its subcontractors shall document the customer's or companion's preferred method of communication and any requested auxiliary aids/services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored. SUBRECIPIENT shall distribute customer feedback forms to customers and companions, and provide assistance in completing the forms as requested by the customer or companion. F. If customers or companions are referred to other agencies, SUBRECIPIENT must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids/service needs . G. The COUNTY requires each contract/subcontract SUBRECIPIENT agency's direct service employees to complete the Serving our Customers who are Deaf or Hard-of-Hearing and sign the Attestation of Understanding . Direct service employees performing under this Agreement will also print their certificate of completion, attach it to the Attestation of Understanding, and maintain them in personnel. 3.23 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, and minority and . women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed, or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.24 AFFIRMATIVE ACTION The SUBRECIPIENT agrees to carry out an Affirmative Action Program pursuant to the COUNTY's specifications, in keeping with the principles provided in President's Executive Order 11246 of September 24 , 1966. SUBRECIPIENT shall submit its plan for an Affirmative Action Program for approval by the COUNTY prior to the award of funds. David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-0l Page 26 of 48 16.D.6.b Packet Pg. 1162 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) Any updates to the Affirmative Action Plan shall be submitted to the COUNTY within 30 days of any update/modification. 3.25 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, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. SUBRECIPIENT shall comply with all provisions of State and County statut'es, regulations, ordinances, or resolutions governing conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees 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 and participation of low and moderate-income residents of the project target area. The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of a conflict 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 project using its own employees. 3.26 RELIGIOUS ORGANIZATIONS DCF funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Chapter 296.011. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion, and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct DCF funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA2 l-O I Page 27 of 48 16.D.6.b Packet Pg. 1163 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, DCF funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to DCF funds in this part. Sanctuaries, chapels, or other rooms that a DCF funded religious congregation uses as its principal place of worship, however, are ineligible for DCF funded improvements. 3.27 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall, in accordance with the client risk prevention system, report those rep01table situations listed in CFOP 215-6 in the manner prescribed in 215-6, and immediately report to the COUNTY or Florida abuse Hotline (1-800-96ABUSE) any knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. SUBRECIPIENT must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the SUBRECIPIENT providing services in connection with this Agreement who has any knowledge of a reportable incident shall rep01t such incident as follows: A. Reportable incidents that may involve an immediate or impending impact on the . health or safety of a client, shall be immediately report to the COUNTY Grant Coordinator. Reportable incidents are defined in CFOP 180-4, which can be obtained from the COUNTY Grant Coordinator. B. Other reportable incidents shall be reported to the COUNTY and the Florida State Department of Children and Families Office oflnspector General on their website at http://www.dcf.state.fl.us/admin/ig/rpfraudl .shtml. C. The incident can be reported by completing the Notification/Investigation Request (Form CF1934) and email it to IG.Complaints@myflfamilies.com. D. SUBRECIPIENT may also mail the completed form to the Office of Inspector General, 1317 Winewood Blvd, Building 5, 2nd Floor, Tallahassee, FL 32399-0700; or via fax at (850) 488-1428. 3.28 NOTICE OF LEGAL ACTIONS The SUB RECIPIENT shall notify the COUNTY of potential or actual legal actions taken against the SUBRECIPIENT related to services provided through this Agreement or that may impact the SUBRECIPIENT's ability to deliver the contractual services, or that may adversely impact the COUNTY. The SUBRECIPIENT shall notify the COUNTY's Grant David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-0l Page 28 of 48 16.D.6.b Packet Pg. 1164 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) Coordinator within ten (10) days of SUB RECIPIENT becoming aware of such actions or potential actions or from the day of the legal filing, whichever comes first. 3.29 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. 3.30 MISCELLANEOUS A. Transitioning Young Adults: SUBRECIPIENT understands DCF's interest in assisting young adults aging out of the dependency system. The COUNTY encourages SUBRECIPIENT participation with the local Community-Based Care Lead Agency Independent Living Program to offer gainful employment to youth in foster care and young adults transitioning from the foster care system. B. Department of Economic Opportunity and Workforce Florida: SUBRECIPIENT understands that the Florida Department of Children and Families, the Department of Economic Opportunity, and Workforce Florida, Inc., have jointly implemented an initiative to empower residents to the Temporary Assistance to Needy Families Program to enter and remain in gainful employment. The COUNTY encourages SUBRECIPIENT pmticipation with the DEO and Workforce Florida. C. Offer Extended to Other Governmental Entities: The COUNTY encourages and agrees to the successful proposer extending the pricing, terms, and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. D. No Improper Use: SUBRECIPIENT will not use, nor suffer or permit any person to use in any manner whatsoever, COUNTY facilities for any improper, immoral, or offensive purpose, or for any purpose in violation of any Federal, State, County, or municipal ordinance, rule, order, or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by SUBRECIPIENT or if the COUNTY or its authorized representative shall deem any conduct on the part of the SUBRECIPIENT to be objectionable or improper, the COUNTY shall have the right to suspend the Agreement with the SUBRECIPIENT. Should SUBRECIPIENT fail to correct any such violation, conduct, or practice to the satisfaction of the COUNTY within 24 hours after receiving notice of such violation, conduct, or practice, such suspension shall continue until the violation is cured. The SUBRECIPIENT further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the COUNTY. David Lawrence Mental Health Center, Inc . Criminal Justice MAT Program CJMHSA21-01 Page 29 of 48 16.D.6.b Packet Pg. 1165 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) E. Prohibition of Gifts to COUNTY Employees: No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a) Prohibition by the individual, firm, and/or any employee of the firm from contact with COUNTY staff for a specified period of time: b) Prohibition by the individual and/or firm from doing business with the COUNTY for a specified period of time, including but not limited to, submitting bids, RFP, and/or quotes; and c) immediate termination of any contract held by the individual and/or firm for cause. F. Order of Precedence: In the event of any conflict between or among the terms of any of the Contract Documents, Exhibits A-Hand any documents incorporated by reference into any exhibit be reference the terms of the Request for Proposal (RFP)/ITB and/or SUBRECIPIENT's Proposal, Attachments shall take precedence. G. Use of Funds for Lobbying Prohibited: SUBRECIPIENT shall comply with the provisions of sections 11.062 and 216.347, Florida Statutes, which prohibit the expenditure of grant funds for the purpose of lobbying the Legislature, judicial branch, or a State Agency. No Federal funds received in connection with this Agreement may be used by the SUBRECIPIENT to influence legislation or appropriations pending before Congress or any State legislature. (Signature Page to Follow) Page 30 of 48 David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA2 l-O I 16.D.6.b Packet Pg. 1166 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ,; ·:,.-· : ·,: ' \ '\1 ,, ., .I ~ . A}J'E~;l\, ·.: .. • · ... .' . . • ,G~~$T-J\I/I~t ~~ZEL1 CLERK I,,, I ' • ►-'':·:t _;, ~ ~ . • i<. t , .. ur,i onll . .,,, . /·_,,:,:·'(·:;·'~;/·· j ('j , \'t, ... Dated: \Q-~lt-a:\ (SEAL) Approved as to form and legality: By: OF COUNTY COMMISSIONERS COUNTY~ R, CHAIRPERSON Date: _ ___,_, ...... 0 .,_./J~~-1~~\ _ , ' DAVID LAWRENCE MENTAL HEAL TH CENTER, INC. By: SCOTT Date: 1 /2-1 /2, / Jennifer~~ ~o!;r-i-<t' Assistant County Attorney ...,~' Date: __ \-◊-----+-/ \_~__,\_~_\_ David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-0l Page 31 of 48 0 J 16.D.6.b Packet Pg. 1167 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 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) oflnsurance 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 contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 -3 above, a Ce,tificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUB RECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I -4 above, the SUB RECIPIENT 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 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 David Lawrence Mental Hea lth Center, Inc . Criminal Justice MAT Program CJMHSA21-0I Page 32 of 48 16.D.6.b Packet Pg. 1168 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 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). OPERA TI ON/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 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 contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than 100 percent of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.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. David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-0 I Page 33 of 48 16.D.6.b Packet Pg. 1169 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 1 Scope of Work EXHIBITB SCOPE OF WORK A. This is a three-year Grant Agreement, pursuant to the authority under Section 394.656, Florida Statute. The SUBRECIPIENT, under the guidance of Community and Human Services and Collier County's Public Safety Coordinating Council, shall pa1ticipate in implementing the Collier Criminal Justice Medication-Assisted Treatment (MAT) Program for inmates in the Collier County jail, through the delivery of MAT and related diversion services. Services shall include but are not limited to: MAT administration and maintenance, case management, peer support and recovery coaching, treatment linkage and referrals, and other suppo1tive services. B. SUBRECIPIENT shall conduct all activities supported by this Grant Agreement in accordance with the County's Application, dated March 8, 2021, in response to the Department of Children and Families Request for Applications (RF A06Hl 6GS 1 ). Both the County's Application and the Depaitment's Request for Applications are hereby incorporated by reference and shall be maintained in the SUBRECIPIENT's and the COUNTY's official files. The terms of the County's Application may not be changed without specific advance written approval by the Department of Children and Families. C. DCF contract number LH823 Exhibit C-1; Array of Services, is hereby incorporated by reference. 2 Major Objectives The primary goal of this Grant Agreement is to increase safety, avert increased spending on criminal justice systems, and improve the accessibility and effectiveness of treatment services for adults with substance use, and co-occurring mental health and substance use disorders, who are in or at risk of entering the criminal justice system; and reduce crime, recidivism, and use of forensic institutions among the target population. The major objectives of this Grant Agreement that contribute to the goal are to: A. Provide MAT services and diversion initiatives described in the COUNTY's Application, hereby incorporated by reference. B. Create and encourage collaboration among key stakeholders, identified in the COUNTY's Application through the Public Safety Coordinating Council. David Lawrence Mental Health Center, Inc, Criminal Justice MAT Program CJMHSA21-01 Page 34 of 48 0 J 16.D.6.b Packet Pg. 1170 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 3 Service Area, Locations, and Times A. Service Area SUBRECIPIENT shall provide services within Collier County. B. Service Delivery Location i. SUBRECIPIENT's administration offices are listed in Section 3.B.ii. -below. ii. The primary service delivery location shall be: David Lawrence Mental Health Center, Inc. 6075 Bathey Lane Naples, Florida 34116 C. Service Times Services shall be available and provided, at a minimum, between the hours of 8:00 am through 5:00 pm, Monday through Friday, excluding state holidays. Changes in service times and any additional holidays that SUBRECIPIENT wants to observe shall be approved in writing by the COUNTY. D. Changes in Location SUBRECIPIENT shall notify the COUNTY in writing a minimum of one week prior to making changes in office location or any changes that will affect the COUNTY's ability to contact the provider by telephone, facsimile, or email. E. Program Years For the purposes of this Grant, Program Years are defined as: Program Year 1 Program Year 2 Program Year 3 10/01/2021 -09/30/2022 10/01/2022-09/30/2023 10/01/2023 -09/30/2024 The program years do not restrict the expenditure of funds but rather are used for performance purposes only in tracking outcome measures. The allocation may be expended in any amount through any year throughout the grant. 4 Clients to be Served Individuals to be served are adults within the jail with a substance use disorder and/or co- occurring mental health and substance use disorder. David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-0l Page 35 of 48 16.D.6.b Packet Pg. 1171 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 5 Client Eligibility and Determination SUBRECIPIENT is responsible for assessing and determining the eligibility of each person served under this Grant Agreement. SUBRECIPIENT may assign this responsibility to a sub grantee. Remainder of Page Intentionally Left Blank David Lawrence Mental Health Center, Inc. Criminal Ju stice MAT Program CJMHSA21-01 Page 36 of 48 16.D.6.b Packet Pg. 1172 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) EXHIBITC TASK LIST SUBRECIPIENT shall perform all functions necessary for the proper delivery of services, including but not limited to, the following: 1 Service Tasks A. To support the Major Objectives in Exhibit B, the SUBRECIPIENT shall complete the following within 90 days of agreement ~xecution: i. Appoint and train necessary staff for program implementation, as referenced in Section 2.A. ii. Enter into necessary contracts with paiticipating agencies, as outlined in the COUNTY's Application and according to procedures referenced in Section 2.C. m. With participating agencies, cooperatively develop policies and procedures, and implement a system of participant Data Collection. Information to be tracked includes, but is not limited to, dates of program enrollment, release from jail, program discharge; client's identification number; information regarding arrests, and application for benefits iv. Initiate delivery of program services, as outlined in Exhibit B. B. To support the Major Objectives in Exhibit B and create collaboration among key stakeholders, the SUBRECIPIENT shall: i. Participate in quarterly Program Team meetings, Partnership meetings, and any additional strategic planning meetings, as evidenced by sign-in sheets, agendas, and minutes. ii. Attend Public Safety Coordinating Council meetings, annually at a minimum. m. Participate in annual evaluations, conducted by a contracted evaluator from the Florida Gulf Coast University. iv. Report FGCU evaluation findings to the Public Safety Coordinating Council on an annual basis, at minimum, and incorporate Council feedback and guidance into the program. v. Patticipate in all technical assistance assessments and trainings, as required by the Technical Assistance Center (TAC). Page 37 of 48 David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA2 l -O l 16.D.6.b Packet Pg. 1173 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 2 Administrative Tasks A. Staffing SUBRECIPIENT shall assign and maintain the following staff, as detailed in the COUNTY's Application, and supported by this Grant Agreement, as evidenced by Payroll Summary identifying staff and title and job description (submission required upon hiring and at agreement execution). LOFTE 0.50 FTE 0.10 FTE 0.25 FTE 0.20 FTE 0.15 FTE 0.25 FTE 0.10 FTE 0.25 FTE 0.10 FTE Care Coordinator Peer Specialist Program Director Case Manager Supervisor Program Support Specialist Practice Manager Nursing Coordinator QI/Compliance/Data Manager Accounting Specialist Accounting Supervisor B. Professional Qualifications SUBRECIPIENT shall ensure Program staff assigned, maintain all applicable minimum licensing, accreditation, training, and continuing education required by State and Federal laws or regulations for their assigned duties and responsibilities. C. Subcontracting i. Without express written advance authorization by the COUNTY, SUBRECIPIENT shall not award subcontracts or subgrants to any other individuals or organizations; nor shall it transfer, reassign, or otherwise give responsibility for the implementation of any services funded by this Agreement. ii. SUBRECIPIENT shall require all subcontractors or sub-Subrecipients at any tier level to comply with the E-verify clause subject to the same requirement as the SUBRECIPIENT. iii. SUBRECIPIENT shall be responsible for coordinating expenditures made by subcontractors and sub-Subrecipients. The SUBRECIPIENT shall ensure funds dispersed to subcontractors and sub-Subrecipients are expended for the purposed intended and that a full accounting for these grant funds is made. iv. SUBRECIPIENT shall be responsible for service delivery, monitoring, and quality assurance of all subcontracts or subgrants entered by SUBRECIPIENT under this Agreement. v. SUBRECIPIENT shall include in all subcontract or sub-Contracts: a detailed scope of work, clear and specific deliverables, performance standards, sanctions for nonperformance, programmatic monitoring requirements, fiscal monitoring requirements, detailed documentation requirements, and the substance of all clauses in the Agreement that mention or describe subcontract compliance. Page 38 of 48 David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA2 l -O I 16.D.6.b Packet Pg. 1174 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) D. Records and Documentation 3 Reports i. SUBRECIPIENT shall retain all financial records, supporting documents, statistical records, and any other documents, whether kept by electronic storage media or otherwise, for a period of not less than six (6) years after the starting date of this Agreement. If audit findings have not been resolved at the end of the six-year period, the records shall be retained until resolution of the audit findings. State auditors and any persons authorized by the COUNTY shall have full access to, and the right to examine, any materials at any time during regular business hours. ii. SUBRECIPIENT shall provide data and other information request by the CJMHSA Grant Technical Assistance Center (TAC) at the Louis de la Parte Mental Health Institute of the University of South Florida, to enable TAC to perform statutory duties established in the authorizing legislation. iii. SUBRECIPIENT shall protect confidential records from disclosure and protect participants' confidentiality in accordance with Section 397.501(7), Florida Statutes. 1v. Unless otherwise specified, all correspondence, reports, records, and documentation may be maintained and provided to the COUNTY electronically. v. SUBRECIPIENT shall maintain, and shall ensure all subcontractors and subgrantees maintain, records and documentation, including but not limited to, the following: • Draft reports, final reports, meeting notes, telephone logs • Executed subcontract or subgrant agreements and any amendments, invoices and suppmting documentation, expenditure reports, and deliverables. • Employment screening results for each staff who meets the requirements to be screened for employment. vi. All records and documentation pertaining to this Agreement shall be sent to the COUNTY upon request and shall be available to the COUNTY for inspection at any time. A. All tasks and activities under this Agreement shall be documented in the following reports: i. Quarterly Program Status Report. A detailed report of the services and activities performed in the previous three months and the progress of the program in meeting the performance measures, goals, objectives, and tasks described in the COUNTY's Application and specified in Exhibit D and E of this Agreement. The COUNTY will provide the template needed to file this repmt. ii. Final Program Status Report. A detailed report of the services and activities _ performed for the entire term of the Agreement and the status of meeting the David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-01 Page 39 of 48 16.D.6.b Packet Pg. 1175 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) performance measures, goals, objectives, and tasks described in the Application and terms of this Agreement. B. Reporting Schedule SUBRECIPIENT shall submit reports in accordance with the reporting schedule in Section 1.2 C Deliverables Table. Table 1 -Reoorting Schedule Reoort Title Reoort Due Date( s) Quaiterly Program Status Report 10 th day of the quaiter following the qua1ter of program services or activities Final Program Status Repo1t No later than 30 days following the ending date of the Agreement. Annual Financial Repott No later than 30 days following the ending date of each Program Year. All reports shall be submitted to: Attention: Catherine Sherman, Grant Coordinator Collier County Community & Human Services Division 3339 East Tamiami Trail, Suite 211 Naples, FL 34101 • C. Additional Reporting Requirements. SUBRECIPIENT shall provide additional reporting pertaining to the services and activities rendered should the COUNTY determine this to be necessary. D . Standard Contract Requirements. SUBRECIPIENT will perform all acts required by the Agreement E. Emergency Preparedness Plan. If the tasks to be performed pursuant to this Agreement include the physical care or supervision of clients, SUBRECIPIENT shall, within 30 days of execution of this Agreement, submit an emergency preparedness plan, which shall include provisions for records protection, alternative accommodations for clients in substitute care, supplies, and a recovery plan that will allow the SUBRECIPIENT and its subcontractors to continue functioning in compliance with the executed Agreement, in the event of an emergency. David Lawrence Ment al Health Center, Inc . Criminal Justice MAT Program CJMHSA21-01 Page 40 of 48 16.D.6.b Packet Pg. 1176 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 1. Service Units EXHIBITD DELIVERABLES SUB RECIPIENT shall provide Program services to a target of 100 individuals each program year, for a total target of 300 individuals during the life of the Grant Agreement. The SUBRECIPIENT must provide services to the Annual Minimum Number specified in Table 2. Table 2 -Service Targets Target # of Pruticipants Inmates Program Year I Program Year 2 Program Year 3 Program Lifetime Receiving 10/01/2021 -10/01/2022-10/01/2023 -10/01/2021 -Program Services 09/30/2022 09/30/2023 09/30/2024 09/30/2024 Annual Target 100 100 100 300 Number Minimum Annual 80 80 80 240 Number 2. Deliverables SUBRECIPIENT shall demonstrate satisfactory progress towards each lifetime service target in Table 2 through submission of quarterly data reporting in each Program Report specified in Exhibit C. 3. Performance Measures for Acceptance of Deliverables During each program year, satisfactory progress toward the Service Target specified in Table 2 shall be demonstrated by services to at least: • 20 percent of the Program Year target by the end of the first quarter • 40 percent of the Program Year target by the end of the second quarter • 60 percent of the Program Year target by the end of the third quarter • 80 percent of the Program year target by the end of the fourth quaiter. In the event SUBRECIPIENT fails to achieve these measures or minimum performance measures in Exhibit D or Exhibit E, and DCF requires repayment of funds from the COUNTY, the COUNTY shall deduct the DCF financial penalty from SUBRECIPIENT's retainage. David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21 -0 I Page 41 of 48 ov.:, 16.D.6.b Packet Pg. 1177 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) EXHIBITE PERFORMANCE MEASURES 1. Performance Measures The following qualitative performance measures are established pursuant to the Agreement and shall be maintained during the term of this Agreement and repo1ter quarterly. A. 40 percent or less arrests among Program participants released from jail while enrolled. B. 50 percent or less arrests among Program paiticipants within six months of Program discharge. C. 25 percent of Program participants who are determined eligible for social security or other benefits that they are not receiving shall be assited in applying for benefits. D. 50 percent of Program participants shall be diverted from a State Mental Health Treatment Facility. E. 40 percent of Program participants will be successfully discharged following release from jail. F. 50 percent of Program participants receiving in-jail MAT will attend community MAT appointment within 5 business days of release from jail. 2. Performance Evaluation Methodology The COUNTY will monitor SUBRECIPIENT's performance in achieving the standards in Section I above according to the following methodology. A. For item 1-A: The total number of arrests among Program pa1ticipants released from jail while enrolled in the Program DIVIDED BY the total number of arrests among Program participants one year prior to program admission shall be LESS THAN OR EQUAL TO 40 PERCENT. B. For item 1-B: The total number of arrests among participants within six months of Program discharge DIVIDED BY the total number of arrests among Program participants one year prior to Program admission shall be LESS THAN OR EQUAL TO 50 PERCENT. C. For item 1-C: The total number of Program participants who are determined eligible for social security or other benefits that they are assisted in applying for benefits DIVIDED BY the total number of Program participants who were eligible for, but David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-0l Page 42 of 48 16.D.6.b Packet Pg. 1178 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) not receiving benefits at program admission shall be GREATER THAN OR EQUAL TO 25 · PERCENT. D. For item 1-D: The total number of Program participants who were diverted from a State Mental Health Treatment Facility DIVIDED BY the total number of Program participant individuals screened for program eligibility who meet the criteria for a State Mental Healthe Treatment Facility GREATER THAN OR EQUAL TO 50 PERCENT. E. For item 1-E: The total number of Program participants who are successfully discharged from the Program DIVIDED BY the total number of Program participants discharged shall be GREATER THAN OR EQUAL TO 40 PERCENT. F. For item 1-F: The total number of Program participants receiving in-jail MAT who attend community-based MAT appointment within five ( 5) business days of release DIVIDED BY the total number of Program participants receiving in-jail MAT who are released with a referral for community-based MAT appontment shall be GREATER THAN OR EQUAL TO 50 PERCENT. David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-0l Page 43 of 48 16.D.6.b Packet Pg. 1179 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 1. Payment Methodology EXHIBITF METHOD OF PAYMENT A. The COUNTY will pay SUBRECIPIENT on a cost-reimbursement basis, for the delivery of tasks, deliverables, and outcomes provided in accordance with the terms of this Agreement, subject to availability of funds. B . SUBRECIPIENT shall request payment by submission of a properly completed pay request and all supporting documentation, as outlined in Exhibits C, D, and E no later than the twenty-fifth (25) day after the end of each month. C. The COUNTY shall approve payment requests following receipt of compliance with Exhibit C, Exhibit D, and Exhibit E. The COUNTY shall withhold 5 percent from each reimbursement request and upon satisfactory completion of SUBREIPIENT's program lifetime performance targets and completion of the COUNTY closeout monitoring, the COUNTY shall release the remaining funds held throughout the term of the Agreement less any funds returned to DCF for failure to achieve a performance target. In the event that SUBRECIPIENT terminates the Agreement prior to the end of the Grant Agreement, it shall be at the discretion of the COUNTY to release the retainage prior to the end of the Department of Children and Families grant agreement with Collier County. SUBRECIPIENT shall submit a final invoice for payment no later than 30 days after the expiration of this Agreement or after the Agreement is terminated. Failure to do so will result in a forfeiture or all rights to payment, and the COUNTY shall not honor any requests submitted after the aforesaid time period. Any retainage payment (5 percent) due under the terms of this Agreement will be withheld until the Final Program Status Report are submitted, and the Closeout Monitoring is completed and approved by the COUNTY 2. Program Closeout SUBRECIPIENT shall submit a final invoice for payment no later than 30 days after the expiration of this Agreement or after this Agreement is terminated. Failure to do so will result in a forfeiture of all rights to payment and the COUNTY shall not honor any requests submitted after the aforesaid time period. Any retainage payment (5 percent) due under the terms of this Agreement will be withheld until the Final Program Status Report is submitted and the Closeout Monitoring is completed and approved by the COUNTY. David Lawrence Mental Health Center, Inc . Criminal Ju stice MAT Program CJMHSA21-0J Page 44 of 48 16.D.6.b Packet Pg. 1180 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 3. Match Funds SUBRECIPIENT shall provide match funds in accordance with the schedule in the Table below. Program Year 1 $84,161.84 Program Year 2 $86,918.42 Program Year 3 $88,657.74 Total Match Required $259,738.00 SUBRECIPIENT shall submit match with the monthly pay request.The amount of the match submission is not required to be commensurate with the payment/invoice amount. SUBRECIPIENT shall meet the entire program year match obligation at the end of the program year. If SUBRECIPIENT has not satisfied its entire match obligation by the third quarter of program year three, payment will be withheld until such time as the obligation is met. 4. Payment The COUNTY shall remit payment to SUBRECIPIENT for the performance of this Agreement upon completion of the work tasks as accepted and approved by CHS. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Payment will not occur if SUB RECIPIENT fails to perform at the minimum level of service required by this Agreement. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state, or federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with Section 218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA2 l -O l Page 45 of 48 16.D.6.b Packet Pg. 1181 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) EXHIBITG COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUB RECIPIENT Name: David Lawrence Mental Health Center, Inc. SUBRECIPIENT Address: 6075 Bathey Lane Naples, Florida 34116 Project Name: Criminal Justice MAT Program Project No: CJMHSA21-02 Payment Request# __ _ Total Payment Minus Retainage _____ _ Period of Availability: 10/1/2021 through 9/30/2024 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient 1. Grant Amount Awarded $ 2. Total Amount of Previous Requests $ 3. Amount of Today's Request (Net of Retainage, if $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ request) (includes Retainage) CHS Adjustments $ $ $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 46 of 48 David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-01 16.D.6.b Packet Pg. 1182 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) Exhibit G-1 Match Form Collier County Request for Match SECTION I: REQUEST FOR PAYMENT Subrecipient Name: David Lawrence Mental Health Center, Inc. Subrecipient Address: 6075 Bathey Lane Naples, Florida 34116 Project Name: Criminal Justice MAT Program Project No: CJMHSA21-01 Match Request # Match Amount Request Today: SECTION I: STATUS OF FUNDS 1. Total Match Amount per Agreement 2. Total Amount of Previous Match Submitted (Insert Amount) 3. Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted 4. Amount of Today's Request (Insert Amount) 5. Match Balance (Match per Agreement less the Sum of All Match Submitted) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 I certify that this request for payment/match has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best ofmy knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA2 l -0 I Date Authorizing Grant Accountant Page 47 of 48 16.D.6.b Packet Pg. 1183 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) EXHIBITH 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 organizations compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F -Audit Requirements . This form may be used to monitor Florida Single Audit Act (Statute 215 .97) requirements. SUB RECIPIENT NAME I David Lawrence Mental Health Center, Inc. First Date of Fiscal Year (MM/DDNY) 07/01/2021 Last Date of Fiscal Year (MM/DD/YY) 06/30/2022 Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most most recently completed Fiscal Year recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A.The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a □ 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 requirement of 0MB 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 aoolicable, the independent auditor's manaQement letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included □ separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented . Certification Statement I hereby certify that the above information is true and accurate. Signature Print Name and Title David Lawrence Mental Health Center, Inc. Criminal Justice MAT Program CJMHSA21-01 Date 6/18 Page 48 of 48 16.D.6.b Packet Pg. 1184 Attachment: EXECUTED AGRMT-SUB 2021 10-01 DCF CJMHSA DLC (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1185 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1186 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1187 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1188 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1189 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1190 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1191 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1192 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1193 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1194 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1195 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1196 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1197 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1198 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.c Packet Pg. 1199 Attachment: CCSO CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1200 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1201 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1202 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1203 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1204 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1205 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1206 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1207 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1208 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1209 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1210 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1211 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1212 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1213 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO) 16.D.6.d Packet Pg. 1214 Attachment: DLC CJMHSA Amendment No 1 DP corrections 4.9.24 DDP (28447 : CJMHSA AMENDMENTS #1 DLC CCSO)