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
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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).
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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.
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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
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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-
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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
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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.
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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
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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
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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:
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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-
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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
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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
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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
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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.
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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:
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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EXHIBIT A
FLORIDA OPIOID ALLOCATION AND STATEWIDE
RESPONSE AGREEMENT (Florida Plan)
(See Attachment)
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EXHIBIT B
Schedule A—Core Strategies
Schedule B—Approved Uses
(Sec Attachment)
Collier County Sheriff's Office
•
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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.
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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.
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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
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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
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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
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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
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