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Backup Documents 11/12/2024 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 11.12.24 BCC MTG THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Carolyn Noble Community and Human CN 10.29.24 Services 2. County Attorney Office— County Attorney Office OM€7 kl(31 3. BCC Office Board of County Commissioners CA ' ( t'5'2Y 4. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Carolyn Noble Phone Number 239-450-5186 Contact/ Department Agenda Date Item was 11.12.24 BCC Mtg Agenda Item Number 16.D.9 kj Approved by the BCC Type of Document 3 ORIGIANL CCSO OPIOID ABATEMENT Number of Original 3 ORIGINAL Attached AGREEMENTS Documents Attached DOCUMENTS PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK CN 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's YES signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during N/A is not the meeting have been incorporated in the attached document. The County . an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 16D6 OPIOID Settlement: FY 2024-2028 Agreement#: 2024-03 CCSO Opioid Activity: Opioid Abatement Settlement CONTRACTOR: Collier County Sheriff's Office Total Award Amount: $2,850,000.00 UEI #: JDQEQ2KWN966 FEIN: 59-6000561 Period of Performance: 05/01/2024- 9/30/2028 Fiscal Year End: 9/30 Monitoring End: 12/2028 PURCHASE AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY SHERIFF'S OFFICE Opioid Settlement Funds /� THIS PURCHASE AGREEMENT (AGREEMENT) is made and entered into this 12 (lay of Iloc. el , 2024, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address as 3339 Tamiami Trail East, Suite 213, Naples, FL 34112, and COLLIER COUNTY SHERIFF'S OFFICE(CONTRACTOR),authorized to do business under the laws of the State of Florida, having its principal office at 3319 Tamiami Trail East,Naples,Florida 34112. WHEREAS, a local, state, and national crisis arose as a result of the manufacturing, distribution, and over-prescribing of opioids, which resulted in opioid abuse, misuse, overdoses, addictions, and death throughout municipalities,counties,states,and the nation and contributed to the public health emergency and crisis commonly referred to as the opioid epidemic; and WHEREAS, Collier County and the municipalities therein are not immune from this nationwide crisis; and WHEREAS, the crisis has caused and is causing an undue strain on local government finances to implement programing to combat the opioid epidemic, to mitigate the harmful effects of the opioid epidemic in the community, and to increase educational campaigns to counteract in is-information about the addictive nature and harmful effects of opioids; and WHEREAS,opioid abuse rose throughout the United States, Florida has been hit especially hard; and WHEREAS, pharmaceutical companies involved in the supply chain, including but not limited to, distributors,manufacturers,dispensing companies,and marketing agencies contributed to the great harm suffered by the State of Florida and Collier County as a result of the opioid epidemic; and Collier County Sheriff s Office E(9 2024-03 CCSO Opioid Page 1 Opioid Settlement Funds 1 60 6 WHEREAS, as a result of litigation filed by the State of Florida and various local governments against various pharmaceutical companies involved in the supply chain, multiple defendants have begun to negotiate settlements; and WHEREAS, the Attorney General for the State of Florida (hereinafter "Attorney General") anticipates that Settlement funds will be distributed to the State of Florida over multiple years as part of a global settlement, and not directly to the Cities and Counties; and WHEREAS, the Attorney General entered into agreements with local governments within the State of Florida to receive settlement funds. This AGREEMENT, divides settlement funds into three portions designated as City/County, Regional Abatement, and State funds; and WHEREAS, the State Agreement set forth the amount and manner of distribution of City/County and Regional Settlement funds within Florida,the requirements to receive and manage Regional Abatement funds, and the purposes for which Regional Abatement funds may be used. The current State Agreement is attached hereto as Exhibit A, and Collier County Resolution 2021-136, dated June 22, 2021, approved in concept the State Agreement; and WHEREAS, Collier County is a "Qualified County" and thereby is receiving Regional Abatement funds pursuant to the State Agreement; and WHEREAS, the COUNTY desires to engage CONTRACTOR to implement such undertakings, as specified in the Part I, Scope of Work, and determines that they arc valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: PART I SCOPE OF WORK CONTRACTOR shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing OPIOID Settlement Funds(OPIOID Funds), as determined by Collier County Community and Human Services (CHS), perform the tasks necessary to conduct the program as follows: Project Name: Opioid Settlement Funds Description of project and outcome: To provide opioid and substance abuse treatment, and other related programs and services to assist in alleviating the impacts of the opioid crisis as listed on Exhibit 13, with priority given to Schedule A (CORE Strategies), attached and incorporated herein by reference. Project Component One: Medication/Pharmacy Supplies in Support of MAT(Schedule A, Section F) Project Component Two: 1 Contracted FTE Registered Nurse (RN) and 1 Contracted FTE Advanced. Registered Nurse Practitioner(ARNP)(Schedule A, Section F). Collier County Sheriff's Office 2024-03 CCSO Opioid Page 2 Opioid Settlement Funds CAO 1 60 6 Project Component Three: Supplies and Equipment(Schedule A, Section F). Project Tasks: 1. Maintain documentation on all persons served. 2. Provide quarterly reports no later than the 15th day following the end of each quarter. A. OPIOID Documentation Requirements Compliance Criteria: Activities carried out with funds under this AGREEMENT will be performed in compliance with The Department of Children and Families Operating Procedure, State of Florida Opioid Allocation and Statewide Response Agreement, "Florida Plan," attached hereto as Exhibit A, and any amendments thereto. 1.1 DEFINITIONS AND PURPOSE A. DEFINITIONS Unless otherwise defined herein, all defined terms shall be as defined in the Florida Plan are incorporated herein and shall have the same meanings as in the Florida Plan, and any amendments thereto. B. PURPOSE The purpose of this AGREEMENT is to state the covenants and conditions under which CONTRACTOR will implement the Scope of Service summarized in Section 1.2 and Exhibit A of this AGREEMENT. According to the Florida Opioid Allocation and Statewide Response Agreement between COUNTY and the Office of the Attorney General, opioid settlement funds may only be used for approved purposes,which include, but are not limited to,all opioid-related prevention,treatment,and recovery support services, and opioid abatement strategies listed in the Florida Opioid Allocation and Statewide Response Agreement, Schedule A(Core Strategies)and Schedule B(Approved Uses)(See Exhibit A). Opioid settlement funds serve individuals that misuse opioids or that have an Opioid Use Disorder (OUD). If individuals are eligible for settlement-funded services because of these conditions, then opioid settlement funds can be used to holistically treat any other co-occurring mental disorders or health problems. Opioid settlement funds can also be used for prevention services for individuals at risk of opioid misuse or OUD. Services funded by the opioid settlement must be evidence-based, individualized, comprehensive, recovery-oriented, trauma-informed, and culturally competent. Providers that treat opioid use disorders, including those that serve individuals involved in the criminal justice system or in jail,must abide by the most recently updated National Practice Guideline for the Treatment of Opioid Use Disorder from the American Society of Addiction Medicine (ASAM). 1..2 SPECIAL CONDITIONS A. Within sixty(60)calendar days of the execution of this AGREEMENT,CONTRACTOR must deliver to CHS for approval a detailed project schedule for the completion of the project. Collier County Sheriffs Office 2024-03 CCSO Opioid Page 3 Opioid Settlement Funds C40 1 60 6 B. CONTRACTOR must submit the following resolutions and/or policies within sixty (60) days of execution of this AGREEMENT: Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy(COI)and related COI Forms Procurement Policy Fraud,Waste,and Abuse Policy ® Language Assistance and Planning Policy(LAP) ® Business Associate Agreement HIPAA Policy Whistleblower Policy Any Policies and Practices recommended by the Opioid Abatement Taskforce or Council. C. Annual CONTRACTOR Training - All CONTRACTOR staff assigned to the administration and implementation of the Project established by this AGREEMENT shall attend the CHS-offered training, relevant to the Project, as determined by the Program Manager, not to exceed three (3) sessions. It is your responsibility to contact your Program Manager upon receipt of the schedule of trainings to discuss which are relevant to your organization. 1.3 PROJECT DETAILS A. Project Description/Budget Description Years 1 &2 Year 3 Year 4 Year 5 FY's 23/24 and FY 25/26* FY 26/27* FY 27/28* 24/25 contingent upon contingent upon contingent allocation allocation upon availability availability allocation availability Project Component 1: $950,000 $535,000 $535,000 $440,000 Medication in Support of MAT(Schedule A, Section F). • Project Component 2: 1 $195,000 $60,000 $60,000 $55,000 Contracted FTE Registered Nurse(RN)and 1 Contracted FTE Advanced Registered Nurse Practitioner(ARNP) (Schedule A, Section F). Project Component 3: $ 5,000 $ 5,000 $ 5,000 $ 5,000 Supplies and Equipment (Schedule A, Section F) Total Regional Abatement $1,150,000.00 $600,000.00 $600,000.00 $500,000.00 Opioid Funds Collier County Sheriff's Office 2024-03 CCSO Opioid Page 4 Opioid Settlement Funds 1 60 6 CONTRACTOR will accomplish the following checked project tasks: ® Maintain beneficiary documentation,and provide to COUNTY, as requested ® Provide Quarterly Reports on project progress ® Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS ® Identify Lead Project Manager B. Program Components/Eligible Activities All services/activities funded must meet the program components,as detailed in Exhibit B-Schedules A and B, and meet the Prioritization Requirements listed below. l. Medication Assisted Treatment: The clinical standard of care for the treatment of Opioid Use Disorder is medication-assisted treatment (MAT) using one of three types of FDA-approved products, namely methadone, buprenorphine-based products (including long-acting injectables), and long-acting, injectable naltrexone. All service providers that receive opioid settlement funds must permit continuation in MAT for as long as the authorized prescriber determines that the medication is clinically beneficial. Furthermore, while counseling and support services must be available for and offered to patients,providers shall not require mandatory counseling participation or mandatory self-help group participation as a condition of initiating or continuing medications that treat OUD, except those established by methadone providers and applied to individuals on methadone as required in 65D-30.0142(2)(q),Florida Administrative Code. 2. Coordinated Opioid Recovery(CORE)Network of Addiction Care: The essential component of the Coordinated Opioid Recovery(CORE)network of addiction care model is 24-7, low-barrier access to buprenorphine induction services that address withdrawal and cravings, confer a protective effect against overdose, and begin the path to recovery. The CORE model includes the use of specialized EMS protocols for overdose and acute withdrawal,transport to an Emergency Department-based addiction stabilization center with experts in addiction medicine willing to initiate buprenorphine treatment,and peer support specialists to help with engagement and linkage to long-term, individualized, integrated treatment. DCF's contract Guidance #14 describes the CORE model and associated requirements in more detail: https://w w.rnyflfain i I ies.com/document/5433 I. 3. Hospital Bridge Programs: Individuals with OUD can access buprenorphine induction before discharge from hospitals that are not currently part of the CORE network, with a buprenorphine prescription and peer engagement for a warm handoff serving as the bridge to a community-based provider offering long-term, integrated MAT. The primary components of the Hospital Bridge Program include initiation of buprenorphine before discharge, with a "bridge" prescription for enough medication to support individuals until they can be linked to a long-term MAT provider in the community, with peer engagement throughout. Individuals may be connected to a peer either onsite, via phone, or video conference to help navigate the referral process to the local MAT provider. The peer will schedule an appointment with the local MAT provider, explain the transition process, provide general support during the entire process, and assist in a warm hand- Collier County Sheriff's Office 2024-03 CCSO Opioid Page 5 Opioid Settlement Funds '10 1 60 6 off to the local MAT provider. An emergency opioid antagonist or antidote should be dispensed, not merely prescribed, prior to discharge from the hospital for all individuals entering an Emergency Department(ED) for opioid overdose or misuse, regardless of whether they agreed to participate in MAT. 4. Peer Supports and Recovery Community Organizations: Recovery Community Organizations (RCOs) are independent, non-profit organizations led and governed by representatives of local communities of recovery. RCOs provide certified peer recovery support services, in addition to recovery-focused community education and outreach. RCOs work closely with community treatment providers and other stakeholders to provide outreach, information and referrals,wellness recovery centers, and other recovery support services. Peers and RCOs will work closely with hospitals and long-term community-based providers participating in the Coordinated Opioid Recovery (CORE) network model and Hospital Bridge programs. Both programs utilize the peer workforce to provide care coordination and engage the individual in on-going treatment and recovery support. C. Performance Deliverables Program Deliverable Supporting Documentation Submission Schedule Policies&Procedures Policies as stated in this Within 60 days following (Section 1.2 B) AGREEMENT Agreement execution Insurance Proof of coverage in Within 30 days following accordance with Exhibit C Agreement execution and annually within 30 days after renewal Detailed Project Schedule Project Schedule Within 60 days following agreement execution Progress Report Progress report, detailing 15 days after the end of the accomplishments Exhibit E quarter HIPAA and DCF Security Certificate of Training Within 30 days following Training(per Section 2.5 of Agreement execution this AGREEMENT) Annual Audit Monitoring Exhibit F Annually,60 days after FY end Report CONTRACTOR Financial Audit report,Management Annually: 9 months after FY and Compliance Audit Letter,and Supporting end for Single Audit OR one Documentation hundred eighty(180) days after FY end. DCF Electronic Data Professional Health Care Claim 18 days after the end of each Exchange (EDI) 837 File files in FTP with SSL month, using the DCF ShareFile D. Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component 1: Submission of Exhibit D along with Monthly invoices due Medication/Pharmacy Supplies proof of submission of DCF 837 by the 30'of the month Collier County Sheriff's Office 2024-03 CCSO Opioid Page 6 Opioid Settlement Funds 1 60 6 in Support of MAT(Schedule A, file, or acceptable DCF document, following month of Section F). invoices,cancelled checks and/or service bank statements and any other additional documentation as requested. Project Component 2: 1 Submission of Exhibit D along with Monthly invoices due Contracted FTE Registered timesheets, payroll documentation, by the 30"' of the month Nurse(RN) and 1 Contracted proof of submission of DCF 837 following month of FTE Advanced Registered file, or acceptable DCF document, service Nurse Practitioner(ARNP) invoices, cancelled checks and/or (Schedule A, Section F) bank statements and any other additional documentation as requested Project Component 3: Supplies Submission of Exhibit D along with Monthly invoices due and Equipment(Schedule A, proof of submission of DCF 837 by the 30"'of the month Section F) file, (or acceptable DCF document), following month of invoices, cancelled checks and/or service bank statements and any other additional documentation as requested 1.4 PERIOD OF PERFORMANCE CONTRACTOR's services shall begin on MAY 1, 2024, to include all pre award costs and end on SEPTEMBER 30, 2028. CONTRACTOR must complete all services required hereunder prior to SEPTEMBER 30, 2028. Any Funds not obligated by the expiration date of this AGREEMENT shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this AGREEMENT for a period of up to 180 days after the end of the AGREEMENT,following receipt of CONTRACTOR's written request submitted no less than 20 days prior to AGREEMENT period of performance end date. Extensions must be authorized, in writing,by formal letter to CONTRACTOR. 1.5 AGREEMENT AMOUNT The COUNTY agrees to make availableTWO MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($2,850,000.00), this agreement allows for all cost incurred retroactive to May 1, 2024 for use by CONTRACTOR, during the term of the AGREEMENT (hereinafter,shall be referred to as the Funds). Modifications to the Budget and Scope may only be made if approved by COUNTY,in advance.Budgeted Fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the AGREEMENT amount shall only be made with Board of County Commissioners(Board)approval. All services/activities specified in Part 1 Scope of Services shall be performed by CONTRACTOR or its subcontractors who meet State requirements. Collier County Sheriff's Office 2024-03 CCSO Opioid Page 7 Opioid Settlement Funds 1 60 6 The COUNTY shall reimburse CONTRACTOR for the performance of this AGREEMENT upon completion or partial completion of the work tasks as accepted and approved by CHS. CONTRACTOR may not request disbursement of OP1OID Funds until Funds are needed for eligible costs, and all disbursement requests must be limited to the amount:needed at the time of the request. CONTRACTOR may expend Funds only for allowable costs resulting from obligations incurred during the term of this AGREEMENT. Allowable costs shall mean those necessary and proper costs identified in the CONTRACTOR application and approved by the COUNTY, unless any or all such costs are disallowed by the State of Florida Attorney General or Department of Children and Families (DCF). Invoices for work performed are required every month. If no work has been performed during the month, or if CONTRACTOR 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 CONTRACTOR when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if CONTRACTOR fails to perform the minimum level of service required by this AGREEMENT. No payment will be made until approved by CHS for compliance and adherence to any and all applicable Local,State,or Federal requirements,including timely submission of Performance Deliverables contained in Section 1.4.C.Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with Section 218.70, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." Final invoices are due no later than 90 days after the end of the AGREEMENT. Work performed during the term of the program but not invoiced within 90 days after the end of the AGREEMENT may not be processed without written authorization from the Program Manager. Withholding or Cancellation of Funds. The COUNTY reserves the right to withhold payments, pending timely delivery of program reports or documents as may be required under this AGREEMENT. CONTRACTOR agrees that funds determined by the COUNTY to be surplus upon completion of the Project will be subject to cancellation by the COUNTY.The COUNTY shall be relieved of any obligation for payment if funds allocated to the COUNTY cease to be available for any cause other than misfeasance of the COUNTY itself. Payment may be suspended by the COUNTY in the event of a default by CONTRACTOR. 1.6 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 ATTENTION: Carolyn Noble, Grant Coordinator Collier County Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples,FL 34112 Collier County Sheriff's Office 2024-03 CCSO Opioid Page 8 _ Opioid Settlement Funds t��0 1 60 6 Email to: Carolyn.Noble@colliercountyfl.gov Telephone: 239-450-5186 CONTRACTOR ATTENTION: Marien Ruiz, General Accounting Manager Collier County Sheriff's Office 3319 Tamiami Trail East,Building J Naples,FL 34112 Email to: Marien. Ruiz@colliersheriff.org Telephone: 239-252-0852 Remainder of Page Intentionally Left Blank Collier County Sheriff's Office 2024-03 CCSO Opioid Page 9 Opioid Settlement Funds CAS, 160 6 PART II AGREEMENT CONTROL REQUIREMENTS 2.1 AUDITS During the term of this AGREEMENT, CONTRACTOR shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit F) no later than 60 days after CONTRACTOR's fiscal year end. in addition, CONTRACTOR shall submit to the COUNTY a Single Audit report,Management Letter,and supporting documentation nine (9) months (or one hundred eighty (180) days for Contractors exempt from Single Audit) after CONTRACTOR's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. CONTRACTOR must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. CONTRACTOR'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. CONIRACTOR hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Contractor audits and if applicable, Florida Statutes, section 215.97 (Florida Single Audit Act). Pursuant to Florida Statutes section 215.97(Florida Single Audit Act),if CONTRACTOR expends a total amount of State awards equal to or in excess of$750,000 in any fiscal year,it must conduct a State single or project-specific audit for such fiscal year, in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapter 10.650, Rules of the Auditor General. CONTRACTOR shall ensure that the audit complies with the requirements of section 215.97(8), Florida Statutes. This includes submission of a reporting package, as defined by section 215.97(2), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 60 days after receipt by the CONTRACTOR, but not later than 180 days after the CONTRACTOR's fiscal year end. CONTRACTOR shall submit the financial reporting package and Exhibit F to the Program Manager. If CONTRACTOR expends less than $750,000 in State awards in its fiscal year, it is not required to conduct a Single Audit in accordance with the provisions of Section 215.97,Florida Statutes. In addition, if CONTRACTOR expends less than$750,000 in State awards in its fiscal year and still elects to conduct an audit in accordance with provisions of Section 215.97, Florida Statutes,the cost of the audit must be paid from non-State funds. 2.2 RECORDS AND DOCUMENTATION CONTRACTOR shall maintain sufficient records in accordance with Attorney General and DCF program regulations, as provided in Exhibits A and B, to verify compliance with the requirements of this AGREEMENT,the OPIOID Program,and all other applicable laws and regulations. This documentation shall include,but is not limited to the following: Collier County Sheriffs Office 2024-03 CCSO Opioid Page 10 Opioid Settlement Funds CA 160 6 A. All records required by Florida Plan regulations. B. CONTRACTOR shall establish and maintain books, records, and documents (including electronic storage media) sufficient to reflect all income and expenditures of OPIOID Funds. Upon demand, at no additional cost to the State or COUNTY, CONTRACTOR will facilitate the duplication and transfer of any records or documents during the term that it receives any OPIOID Funds and the required retention period for the State or COUNTY. These records shall be made available at all reasonable times for inspection, review, copying, transfer, or audit by Federal, State, or other personnel duly authorized by the State or COUNTY. C. CONTRACTOR shall create and maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. D. CONTRACTOR shall make available to the COUNTY or CI IS, at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by CONTRACTOR for this AGREEMENT. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this AGREEMENT. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this AGREEMENT. E. Upon completion of all work contemplated under this AGREEMENT, copies of all documents and records relating to this AGREEMENT shall be surrendered to CHS, if requested. In any event, CONTRACTOR shall maintain all documents and records in an orderly fashion in a readily accessible,permanent,and secured location for six(6)years after it ceases to receive OPIOID Funds. However, if ally litigation, claim, or audit is started before the expiration date of the six (6) year period, the records will be maintained for six (6) years after all litigation, claim, or audit findings involving these records are resolved. If CONTRACTOR 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, as outlined in Florida Statute Chapter 119. CONTRACTOR shall meet all requirements for retaining public records and transfer,at no cost to COUNTY,all public records in CONTRACTOR's possession upon termination of the AGREEMENT,and destroy any duplicate,exempt,or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format compatible with the COUNTY's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239- Collier County Sheriff's Office 2024-03 CCSO Opioid Page 11 Opioid Settlement Funds 1 60 6 252-2679, Michael.Brownlee@colliercountyfl.gov, 3299 Tamiami Trail East, Naples, FL 34112. F. CONTRACTOR shall document how it complied with the Program components, the applicable regulations, and the eligibility requirement(s) under which Funding was received. This includes special requirements such as necessary and appropriate determinations. G. CONTRACTOR shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. CONTRACTOR shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed,except as authorized by Chapter 119,Florida Statutes. 2.3 MONITORING CONTRACTOR agrees that CHS may carry out no less than one (1)annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this AGREEMENT is dependent upon satisfactory evaluations. CONTRACTOR shall, upon request by CI-IS, submit information and status reports required by CHS, Attorney General, or DCF, to enable CHS to evaluate said progress and allow for completion of required reports. CONTRACTOR shall allow CHS, Attorney General, DCF, or the State of Florida to monitor CONTRACTOR on site. Such site visits may be scheduled or unscheduled, as determined by CHS, Attorney General, DCF, or the State of Florida. At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, CONTRACTOR shall make available for review, inspection, or audit all records, documentation,and any other data relating to all matters covered by the AGREEMENT. COUNTY will monitor CONTRACTOR's performance to mitigate fraud, waste, abuse, or nonperformance based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this AGREEMENT, further defined by Florida Statute 215.85. Substandard Performance, as determined by the COUNTY, will constitute noncompliance with this AGREEMENT. If CONTRACTOR does not take corrective action within a reasonable time period after being notified by the COUNTY, AGREEMENT suspension or termination procedures may be initiated. CONTRACTOR agrees to provide State of Florida Auditors, DCF, the Florida Office of Inspector General,the COUNTY,or the COUNTY's internal auditor(s)full access to and the right to examine all records and documents related to performance of activities in this AGREEMENT, regardless of the form in which kept. CONTRACTOR shall comply and cooperate immediately with any inspections,reviews,investigations, or audits deemed necessary by The Office of the Inspector General (section 20.055,F.S.)or the State. No record may be withheld, nor may CONTRACTOR attempt to limit the scope of any of the foregoing inspections, reviews, copying, transfers, or audits based on any claim that any record is exempt from Collier County Sheriff's Office 2024-03 CCSO Opioid Page 12 Opioid Settlement Funds 1 60 6 public inspection or is confidential, proprietary or trade secret in nature; provided, however, that this provision does not limit any exemption to public inspection or copying of any such record. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE CONTRACTOR shall establish, maintain, and utilize internal control systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this AGREEMENT, and provide proper and effective management of all Program and Fiscal activities of the AGREEMENT. CONTRACTOR's internal control systems and all transactions and other significant events shall be clearly documented and readily available for monitoring by COUNTY. CONTRACTOR shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of this AGREEMENT. CONTRACTOR shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud,waste, and abuse. CONTRACTOR may not discriminate against any employee or other person who reports a violation of the terms of this AGREEMENT or any law or regulation to the COUNTY, or any appropriate law enforcement authority, if the report is made in good faith. 2.5 REPORTS Reimbursement may he contingent upon the timely receipt of complete and accurate reports 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. Reports showing lack of project activity may result in the withholding of payment or issuance of a Notice of Non- Compliance. During the term of this AGREEMENT, CONTRACTOR shall submit quarterly progress reports to the COUNTY on the 15th day of January,April, July, and October,respectively, for the prior quarter period end. As part of the report submitted in October or when final services are delivered, whichever is earlier, CONTRACTOR 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,to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes, changes in reporting requirements, the need for additional information or documentation arises, and/or if legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this AGREEMENT. CONTRACTOR will use the Opioid Data Management System (ODMS) as the platform for submitting Implementation Plans, Financial Reports, and service records. Services funded out of the opioid settlement will no! be reported into DCF's Financial and Services Accountability Management System (FASAMS). The ODMS is available under the Resources tab at https://floridaopioidsettlement.com and CONTRACTOR must request access to the system by sending an email to HQW.SAMH.Opioid.Data.Access.Support@myfifamilies.com. The ODMS offers a secure platform for uploading, validating, and reviewing data. According to the ODMS User Manual, users designated as Collier County Sheriffs Office 2024-03 CCSO Opioid Page 13 Opioid Settlement Funds 160 6 County/Municipality Submitters will have the ability to report financial expenditures and upload implementation plan documents specific to their designated county or municipality. An Electronic Data Exchange(EDI) 837 file is an electronic form used by healthcare providers to submit claims to payors. Most providers that have Electronic Health Records use 837 files to submit data for payment. More specifically, an"837P" or and"8371"will be used. All X12 837 claim files will be submitted to DCF through a batch process to reduce administrative burdens. A recording of the 837 training will be made available in the future on the Florida Opioid Settlement website. CONTRACTOR must ensure secure data sharing, confidentiality, and privacy in accordance with all applicable rules and statutes. All data contained within the ODMS is sensitive and privileged information and shall be handled accordingly.To maintain the integrity of this information,the records will be accorded proper management and security, and will only be accessed and used by authorized personnel in accordance with state and federal law. The COUNTY will require completion of HIPAA and Department of Children and Families security training modules before being granted access to any direct or subcontracted staff. Regular data audits should be conducted to ensure data integrity and identify any discrepancies or errors for timely correction. According to the DCF 837 Professional Health Care Claim Companion Guide, the following data elements,among others, are part of the Xl2N 837 Professional Loop: • Various billing provider descriptive information • Various descriptive information on Payers • Member Policy Numbers(including a Pregnancy Indicator) • Claim information • Health Care Diagnosis Code • Service Facility information • National Drug Codes Remainder of Page Intentionally Left Blank Collier County Sheriff's Office 2024-03 CCSO Opioid Page 14 Cqp Opioid Settlement Funds 1 60 6 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this AGREEMENT may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. CONTRACTOR shall cause all provisions of this AGREEMENT in its entirety to be included in and made a part of any subcontract executed in the performance of this AGREEMENT. 3.2 GENERAL COMPLIANCE CONTRACTOR agrees to comply with the requirements as outlined in the Florida Plan.CONTRACTOR also agrees to comply with all other applicable State and Local laws,regulations, and policies governing the Funds provided under this AGREEMENT. CONTRACTOR is prohibited from using Funds provided herein, or personnel employed in the administration of the program, for political activities, inherently religious activities, lobbying, political patronage,and/or nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this AGREEMENT is intended to or shall be construed in any manner as creating or establishing the relationship of employer/employee between the parties. CONTRACTOR shall always remain an "independent contractor" with respect to the services to be performed under this AGREEMENT. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance, and Workers' Compensation Insurance as the CONTRACTOR is an independent contractor. 3.4 AMENDMENTS The COUNTY or CONTRACTOR may amend this AGREEMENT at any time provided that such amendments make specific reference to this AGREEMENT, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's Board. Such amendments shall not invalidate this AGREEMENT, nor relieve or release the COUNTY or CONTRACTOR from its obligations under this AGREEMENT. The COUNTY may,at its discretion,amend this AGREEMENT to conform with Federal, State, or Local regulations, guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the 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 COUNTY and CONTRACTOR. Collier County Sheriff's Office 2024-03 CCSO Opioid Page 15 Opioid Settlement Funds 1 60 6 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from the State of Florida, Attorney General and DCF provided OPIOII) Settlement funds and must be implemented in full compliance with all Attorney General and DCF rules and regulations and any agreement between COUNTY and Attorney General governing OPIOID Funds pertaining to this AGREEMENT.In the event of curtailment or non-production of said State Funds,the financial sources necessary to continue to pay CONTRACTOR 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 it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the Funds arc no longer available. In the event of such termination, CONTRACTOR 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 CONTRACTOR under the terms of this AGREEMENT. 3.6 DEFAULTS,REMEDIES,AND TERMINATION This AGREEMENT may be terminated for convenience by either the COUNTY or CONTRACTOR, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made,the COUNTY may terminate the award in its entirety.This AGREEMENT may also be terminated by the COUNTY if the award no longer effectuates the program goals or agency priorities. The following actions or inactions by CONTRACTOR 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 Attorney General or DCF guidelines,policies,or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this AGREEMENT in a timely and proper manner. C. Ineffective or improper use of Funds provided under this AGREEMENT. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. 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 CONTRACTOR relating to the Project. In the event of any default by the CONTRACTOR under this AGREEMENT, the COUNTY may seek any combination of one or more of the following remedies: Collier County Sheriffs Office 2024-03 CCSO Opioid Page 16 Opioid Settlement Funds cp,0 1 60 6 A. Require specific performance of the AGREEMENT, in whole or in part. B. Require the use of,or change in,professional property management. C. Require CONTRACTOR to immediately repay to the COUNTY all OPIOID Funds received under this AGREEMENT. D. Apply sanctions, if determined by the COUNTY to be applicable, E. Stop all payments until identified deficiencies are corrected. F. Terminate this AGREEMENT by giving written notice to CONTRACTOR specifying the effective date of such termination.If the AGREEMENT is terminated by the COUNTY as provided herein,the CONTRACTOR shall have no claim of payment or benefit for any incomplete project activities undertaken under this AGREEMENT. 3.7 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this AGREEMENT. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Contractors, Developers, or any entity receiving Settlement funds from CHS. The escalation policy for noncompliance is as follows: A. Initial noncompliance may result in CIIS issuing Findings or Concerns to CONTRACTOR, which requires CONTRACTOR to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CMS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance(TA)to CONTRACTOR,as needed, in order to correct the noncompliance issue. B. If CONTRACTOR fails to submit the corrective action plan in a timely manner, CHS may require CONTRACTOR to return a portion of the awarded Settlement Funds to the COUNTY. • CHS may require CONTRACTOR to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • The CONTRACTOR may be denied future consideration as set forth in Resolution No.2013- 228 C. If CONTRACTOR remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of its substantial noncompliance by certified mail, CHS may require Collier County Sheriffs Office 2024-03 CCSO Opioid Page 17 Opioid Settlement Funds 160 6 CONTRACTOR to return to the COUNTY a portion of the awarded Agreement amount, or the amount of the investment for acquisition of the properties conveyed. • CHS may require CONTRACTOR to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • The CONTRACTOR will be in violation of Resolution No. 2013-228 D. If after repeated notification CONTRACTOR continues to be substantially noncompliant, CHS may recommend the AGREEMENT or award be terminated. • CMS will make a recommendation to the Board to immediately terminate the AGREEMENT. CONTRACTOR will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • The CONTRACTOR will be in violation of Resolution No. 2013-228 If CONTRACTOR has multiple AGREEMENTS with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 3.8 INDEMNIFICATION To the maximum extent permitted by Florida law, CONTRACTOR shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CON I'RACTOR 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 CONTRACTOR 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. CONTRACTOR shall pay all claims and losses of any nature whatsoever in connection therewith,defend all suits in the name of the COUNTY, and pay all costs (including attorney's fees)and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this AGREEMENT. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28,Florida Statutes.This section shall survive the expiration or termination of this AGREEMENT. 3.9 AGENCY RECOGNITION/SPONSORSHIPS CONTRACTOR agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of Program sponsorships, research reports, and similar public notices, whether printed or Collier County Sheriff's Office 2024-03 CCSO Opioid Page 18 C�Q Opioid Settlement Funds 160 6 digital, CONTRACTOR has prepared and released for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY STATE OF FLORIDA AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the CONTRACTOR's name. This design concept is intended to disseminate key information to the general public regarding the development team as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.10 INSURANCE CONTRACTOR shall not commence any work and/or services pursuant to this AGREEMENT until all required insurance, as outlined in Exhibit C, has been obtained. Said insurance shall be carried continuously during CONTRACTOR's performance under the AGREEMENT. CONTRACTOR shall furnish a Certificate of Insurance naming Collier County as an additional insured with general liability limits of at least$1,000,000 per occurrence in accordance with Exhibit C. 3.11 PURCHASING All purchasing for consumables, capital equipment, and services shall be made by purchase order or written contract and in conformity and full compliance with the procedures prescribed by applicable Florida Statutes (e.g., section 287.017) and the Collier County Purchasing Policy, whichever is more stringent. Collier County Ordinance No. 2017-08 allows for contracting with not-for-profits through the approved exemption. Purchasing Threshold Policy Dollar Range($) Competition Required $0- $50,000 3 Written Quotes $50,001+ Formal Solicitation (RFP,IFB etc.) All improvements specified in Part I Scope of Work, shall be performed by CONTRACTOR employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY and State of Florida requirements. CONTRACTOR shall enter into contracts with the lowest, responsible, and qualified bidder.Contract administration shall be managed by CONTRACTOR and monitored by CHS,which shall have access to all records and documents related to the Project. As provided in section 287.133, Florida Statutes, by entering into this AGREEMENT or performing any work in furtherance hereof, CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by section 287.133(3)(a), Florida Statutes. Collier County Sheriff's Office 2024-03 CCSO Opioid Page 19 Opioid Settlement Funds 3.12 DEBARMENT 16 D 6 CONTRACTOR certifies that none of its officers or agents has been debarred from bidding, proposing, or contracting for Federal, State, or Local government programs. CONTRACTOR assures that all its subcontractors who will participate in activities, subject to this AGREEMENT, are eligible and have not been debarred. 3.13 CLOSEOUT PROCEDURES CONTRACTOR'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),closeout monitoring,and determining the custodianship of records. In addition to the records retention outlined in Section 2.2 (Records and Documentation) of this AGREEMENT, CONTRACTOR shall comply with section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied,such that the record must be held for the longer duration. CONTRACTOR must return to the COUNTY any balance of unobligated Funds which have been advanced or paid.CONTRACTOR must also return to the COUNTY any funds paid exceeding the amount to which the CONTRACTOR is entitled under the terms and conditions of this AGREEMENT.CONTRACTOR shall produce records and information that comply with Florida Statutes section 215.97, the Florida Single Audit Act. 3.14 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE CONTRACTOR agrees that no person shall be excluded from the benefits of or be subjected to discrimination based on race,creed,color,religion, national origin,sex,handicap,familial status,marital status, or age under any activity carried out by CONTRACTOR in performance of this AGREEMENT. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this AGREEMENT. CONTRACTOR will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to hiring,upgrading, demotion,transfer, recruitment or recruitment advertising, layoff,termination,rate of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post notices setting forth the provisions of this nondiscrimination clause in conspicuous places available to employees and applicants for employment. 3.15 PROHIBITED ACTIVITY CONTRACTOR,or personnel employed in the administration of the program, are prohibited from using Funds provided herein, for political activities, sectarian or religious activities, lobbying, political patronage, and/or nepotism activities. Collier County Sheriff's Office 2024-03 CCSO Opioid Page 20 Opioid Settlement Funds 160 6 3.16 CONFLICT OF INTEREST CONTRACTOR 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,which would conflict in any manner or degree with the performance of this AGREEMENT. CONTRACTOR also covenants that is will not employ or subcontract with any person having any conflict of interest. CONTRACTOR agrees that it will comply with all provisions of "Conflict of Interest," per Florida Statutes section 287.057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. CONTRACTOR 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 CONTRACTOR. The COUNTY may review the proposed contract to ensure • that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be at the COUNTY's sole discretion.This provision is not intended to limit CONTRACTOR's ability to self-manage the Project using its own employees. 3.17 CONDITIONS FOR RELIGIOUS ORGANIZATIONS OPIOID Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Florida Statutes section 196.011. CONTRACTOR shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment 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 and will not limit such services or give preference to persons based on 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 it does not use direct OPIOID Funds to support any inherently religious activities, such as worship, religious instruction,or proselytizing. 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, OPIOID 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 OPIO1D Funds in this part. Sanctuaries, chapels, or other rooms that an OPIO1D funded religious congregation uses as its principal place of worship,however, are ineligible for OPIOID funded improvements. Collier County Sheriff's Office 2024-03 CCSO Opioid Page 21 Opioid Settlement Funds 1 60 6 3.18 INCIDENT REPORTING If CONTRACTOR provides services to clients under this AGREEMENT, CONTRACTOR and any subcontractors shall report to the COUNTY any knowledge or reasonable suspicion of abuse, neglect,or exploitation of a child, aged person,or disabled person. During the term of this AGREEMENT, CONTRACTOR must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Standard Incident Report Form shall be used to report all such incidents. 3.19 ENFORCEMENT OF AGREEMENT The benefits of this AGREEMENT shall inure to and may be enforced by the COUNTY for the duration of the AGREEMENT.CONTRACTOR warrants that it has not,and will not,execute any other agreement with provisions contradictory to, or in opposition to the provisions hereof, and that, in any event, the requirements of this AGREEMENT are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. 3.20 SEVERABILITY Should any provision of the AGREEMENT be determined to be unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.23 MISCELLANEOUS CONTRACTOR and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this AGREEMENT. CONTRACTOR represents and warrants that the financial data,reports,and other information it furnished to the COUNTY regarding the Project are accurate and complete,and financial disclosures fairly represent the financial position of CONTRACTOR. CONTRACTOR understands that client information collected under this AGREEMENT is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY'S or CONTRACTOR's responsibilities with respect to services provided under this AGREEMENT, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor,that of a responsible parent/guardian. CONTRACTOR certifies that it has the legal authority to receive the Funds under this AGREEMENT and its governing body has authorized the execution and acceptance of this AGREEMENT. CONTRACTOR also certifies that the undersigned person has the authority to legally execute and bind CONTRACTOR to the terms of this AGREEMENT. The section headings and subheadings contained in this AGREEMENT are included for convenience only and shall not limit or otherwise affect the terms of this AGREEMENT. Collier County Sheriff's Office 2024-03 CCSO Opioid Page 22 Opioid Settlement Funds 160 6 The Agreement Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this AGREEMENT shall be subject to and performed in accordance with the provisions of the terms and conditions of the AGREEMENT between the COUNTY,the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. Electronic Signatures. This AGREEMENT, and related documents entered into in connection with this AGREEMENT, are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium.These signatures must be treated in all respects as having the same force and effect as original written signatures. 3.24 COPYRIGHTS AND PATENTS If this AGREEMENT results in a book or other copyright or patent materials, CONTRACTOR may copyright or patent such,but Collier County and the State of Florida reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use such materials and to authorize others to do so. 3.25 WAIVER The COUNTY'S failure to act with respect to a breach by CONTRACTOR does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank Collier County Sheriff's Office 2024-03 CCSO Opioid Page 23 e o Opioid Settlement Funds �/ 160 6 PART IV GENERAL PROVISIONS 4.1 Executive Order 11246("Equal Employment Opportunity"),as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations.EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item #8 below 4.2 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC §2000e,et.seq.CONTRACTOR will,in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR,state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 19641 U.S. Equal Employment Opportunity Commission(eeoc.gov) 4.3 CONTRACTOR shall not assign or transfer any interest in this AGREEMENT without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to CONTRACTOR from CHS under this AGREEMENT may be assigned to a bank,trust company,or other financial institution without such approval.Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.4 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 I Congress.gov j Library of Congress 4.5 Proof of Lawful Presence. CONTRACTOR acknowledges that the COUNTY's funds are a "public benefit."As such,the CONTRACTOR shall ensure compliance by performing the required verifications. Specifically,when required the CONTRACTOR shall ensure that: a. if the public benefit provided by the funds flows directly to a natural person (i.e., not a corporation, partnership, or other legally created entity) 18 years of age or older,he/she must do the following: (i)complete an affidavit stating he/she is an alien lawfully present in the United States;or (ii) attach a photocopy of the front and back of one of the following forms of identification: a valid Florida driver's license or Florida identification card; a United States military card or military dependent's identification card; a United States Coast Guard Merchant Mariner identification card; or a Native American tribal document. b. If an individual applying for the benefits identified herein executes the affidavit stating that he/she is an alien lawfully present in the United States, CONTRACTOR shall verify his/her lawful presence through the federal systematic alien verification or entitlement program, known as the "SAVE Program," operated by the U.S. Department of Homeland Security or a successor program designated by said department.In the event CONTRACTOR determines through such verification process that the individual is not an alien lawfully present in the United States, the CONTRACTOR shall not provide benefits to such individual with the COUNTY's funds. 4.6 False Claim;Criminal,or Civil Violation:CONTRACTOR must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either (i) submitted a false claim for Settlement funds under the False Claims Act or(ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds Collier County Sherill's Office 2024-03 CCSO Opioid Page 24 EC '� Opioid Settlement Funds j 1 60 6 4.7 Political Activities Prohibited: None of the Funds provided directly or indirectly under this AGREEMENT shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this AGREEMENT nor any Funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.8 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly,any favor,gift,loan,fee,service,or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended,and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/forida/statutes/florida_statutes chapter 112,,part iii Collier County- http://www.col liergov.net/home/showdocument?id=3 513 7 4.9 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the AGREEMENT shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the AGREEMENT.To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the AGREEMENT, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.10 Venue-Any suit of action brought by either party 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.11 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. Any situations when negotiations, litigation, and/or mediation shall be attended by representatives of CONTRACTOR with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval.Failing resolution,and prior to the commencement of depositions in any litigation between the parties arising out of this AGREEMENT, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder,the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this AGREEMENT shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE CONTRACTOR EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/State tes/2012/44.102 4.12 As provided in § 287.133, Florida Statutes, by entering into this AGREEMENT or performing any work in furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3)(a),Florida Statutes. http://www.leg.state.fl.us/Stat tes/index.cfm?App_mode=Display, Statute&Search String=&URL=020 0-0299/0287/Sections/0287.133.html Collier County Sheriffs Office 2024-03 CCSO Opioid Page 25 Opioid Settlement Funds 160 6 4.13 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http:/Iwww.leg.state.Ii.us/statutes/index.cfin?App mode=Display Statute&URl 0400- 0499/0448/0448.htm I For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the CONTRACTOR shall participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient(or contractor)uses E-Verify(and follows the proper E-Verify procedures,including in the event of a"Tentative Non-confirmation"or a"Final Non- confirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or in part)with award funds. Questions about E-Verify should be directed to DI IS. For more information about E-Verify visit the E- Verify website(https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. 4.14 Florida Statutes section 119.021 Records Retention Statutes &Constitution: View Statutes: Online Sunshine (state.fl.us) 4.15 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.071.htm 1 ENTIRE AGREEMENT. This AGREEMENT constitutes the entire agreement between COUNTY and CONTRACTOR for the use of Funds received under this AGREEMENT and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and CONTRACTOR with respect to this AGREEMENT. Signature Page to Follow Collier County Sheriff's Office 2024-03 CCSO Opioid Page 26 Opioid Settlement Funds CAoj 1 60 6 IN WITNESS WHEREOF,the CONTRACTOR and the COUNTY,have each respectively,by an authorized person or agent,hereunder set their hands and seals on the date first written above. ATTEST: AS TO COUNTY: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS . , 46...4.4).41 COLLIER COUNTY, FLORIDA , Deputy Clerk Attest as,toChairman By: 's signatuf only CHS°F1 L , CHA PEES Dated: i( 1 K d-Oa14( EAL) Date: 1I I 2I 21 AS TO CONTRACTOR: WITNES S: COLLIER COUNTY SHERIFF'S • etAke.4,--. ' ?3 )/ Witne s#1 Signature L By: Ar-i��4Nl•Z KEVI MBOS HERIFF W inted ame ���e� Date: l D 6 S 2 1 Sign glib [Please provide evidence of signing authority/ hcE4: - S(' Witness#2 Printed Name Approved as to form and legality: ilt0 O,a-L ar y, iseverino Assistant County Attorney Date: Collier County Sheriffs Office vJ 2024-03 CCSO Opioid Page 27 Opioid Settlement Funds Q 1 60 6 EXHIBIT A FLORIDA OPIOID ALLOCATION AND STATEWIDE RESPONSE AGREEMENT (Florida Plan) (See Attachment) Collier Canty Sheriff's Office 2024-03 CCSO Opioid Opioid Settlement Funds 1 60 6 EXHIBIT B Schedule A—Core Strategies Schedule B—Approved Uses (Sec Attachment) Collier County Sheriff's Office • 2024-03 CCSO Opioid � Opioid Settlement Funds 1 6Q 6 EXHIBIT C INSURANCE REQUIREMENTS The CONTRACTOR shall furnish to Collier County, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213,Naples,Florida 34112,Certificate(s)of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability,including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in connection with this AGREEMENT, in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the CONTRACTOR or the licensed design professional employed by the CONTRACTOR, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the CONTRACTOR and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the CONTRACTOR or any person employed by the CONTRACTOR in connection with this AGREEMENT. This insurance shall be maintained for a period of two (2)years after the Certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1—4 above,the CONTRACTOR 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 CONTRACTOR. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the CONTRACTOR shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA)as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or AGREEMENT: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. Collier County Sheriff's Office 2024-03 CCSO Opioid Opioid Settlement Funds 1 60 6 9. Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in connection with this AGREEMENT in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than 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 (NF1P). The policy must show Collier County as a Loss Payee A.T.I.M.A. Collier County Sheriff's Office 2024-03 CCSO Opioid Opioid Settlement Funds (-C,;) ti, 1 60 6 EXHIBIT D COLLIER COUNTY COMMUNITY&HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT Contractor Name: Collier County Sheriff's Office Contractor Address: 3319 Tamiami Trail East,Naples, FL 34112 Project Name: Opioid Settlement Funds Project No: 2024-03 CCSO Opioid_ Payment Request# Total Payment Minus Retainage Period of Availability: 05/01/2024_through 09/30/2028 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS CONTRACTOR CHS Approved 1.Agreement Amount Awarded $2,850,000.00 $2,850,000.00 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Net of Retainage, if $ $ applicable) 4. Current Agreement Balance(Initial Agreement $ $ Amount Award request)(includes Retainage) By signing this report, I certify to the best of my knowledge and belief that this request for payment is true, complete and accurate,and the expenditures,disbursements and cash receipts are for the purposes and objectives set forth in the tertn and conditions of the State award.I am aware that any false,fictitious,or fraudulent information,or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud,false statements,false claims or otherwise(U.S. Code Title 18,Section 1001 and Title 31,Sections 3729-3730 and 3801-3812;and/or Title VI,Chapter 68, Sections 68.081- 083,and Title XLVI Chapter 837,Section 837-06)or Florida Statutes,Title XLVI,817.155. Signature Date Title Collier County Sheriff's Office 2024-03 CCSO Opioid Opioid Settlement Funds fl 1 60 6 EXHIBIT E QUARTERLY PROGRESS REPORT Subrecipient Name: Collier County Sheriff's Office Report Period: Fiscal Year: Project Number: Organization: Project: Contact Name: Contact Number: DESCRIPTION QUARTER QUARTER QUARTER QUARTER CUMULATIVE YEARLY 1 2 3 4 TOTAL TARGET * Total Number of 40 Inmates Starting MAT Program (NEW) MAT Services-#of inmates receiving Vivitrol (injectable) MAT Services-# of inmates receiving Sublocade(injectable) MAT Services-# of inmates receiving Brixadi(injectable) Other MAT Medication services not specified above (this number includes those inmates started on induction phase; but not yet on injectable) Total Number of 40 Inmates continued on the MAT Program (this number includes those who are arrested while on MAT or those already in jail on the MAT Program) MAT Services-# of inmates receiving buprenorphine/ suboxone/subutex MAT Services -# of inmates receiving Collier County Sheriff's Office 2024-03 CCSO Opioid Opioid Settlement Funds 160 6 DESCRIPTION QUARTER QUARTER QUARTER QUARTER CUMULATIVE YEARLY 1 2 3 4 TOTAL TARGET * Methadone MAT Services-#of inmates receiving Vivitrol(injectable) MAT Services-# of inmates receiving Sublocade(injectable) MAT Services-# of inmates receiving Brixadi(injectable) Total Number of 80 Inmates on MAT (includes New and Continuations) *These are projections only and are not subject to a reduction in funds should they not be met. I hereby certify the above information is true and accurate. Name: Signature: Title: Your typed name here represents your electronic signature Collier County Sheriff's Office 2024-03 CCSO Opioid Opioid Settlement Funds • 16D 6 EXHIBIT F ANNUAL AUDIT MONITORING REPORT If CONTRACTOR expends $750,000 or more in State financial assistance during its fiscal year, it must have a State Single or Project Specific audit conducted in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), and Rules of the Auditor General. If CONTRACTOR expends less than $750,000 in State financial assistance during its fiscal year, it shall provide certification to the COUNTY that single audit was not required. In determining State financial assistance expended, CONTRACTOR must consider all sources of State financial assistance, including assistance received from Department of Children & Families, other State agencies, and other nonstate entities. This form may be used to monitor Florida Single Audit Act (Florida Statutes Section 215.97) requirements. Contract Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DDIYY) Total State Financial Assistance Expended $ during most recently completed Fiscal Year Check A. or B. Check C if applicable A. The state expenditure threshold for our fiscal year ending as indicated above has been met n and a Single Audit as required by Section 215.97, Florida Statutes has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of Section 215.97, Florida Statutes because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date: Print Name and Title: 07/24/24 Collier County Sheriff's Office 20244-03 CCSO Opioid Opioid Settlement Funds ,•1Q