Agreement (David Lawrence Center) OPIOID Settlement FY 2024-2028
Agreement#: 2024-01 DLC Opioid
Activity: Opioid Abatement Settlement
CONTRACTOR: David Lawrence Mental
Health Center,Inc.
Total Award Amount: $2,184,690.00
UEI#: PBE3LMA8J4YI
FEIN: 59-2206025
Period of Performance: 10/1/2024—
9/30/2028
Fiscal Year End: 6/30
Monitoring End: 12/2028
PURCHASE AGREEMENT
BETWEEN COLLIER COUNTY
AND
DAVID LAWRENCE MENTAL HEALTH CENTER,INC.
dba
DAVID LAWRENCE CENTER
Opioid Settlement Funds
THIS PURCHASE AGREEMENT (AGREEMENT) is made and entered into this 104 day of
D P,Ge c , 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 DAVID
LAWRENCE MENTAL HEALTH CENTER,INC.(SUBRECIPIENT),a private not-for-profit existing under
the laws of the State of Florida,having its principal office at 6075 Bathey Lane,Naples,Florida 34116.
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 mis-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 Abatement 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 are 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 outreach services, increase the utilization of medication
assisted treatment (MAT), support crisis stabilization, detoxification inpatient services and residential
treatment beds and facilitate a centralized call center.
Project Component One: Staffing to include: .5 FTE Nurse and .5 FTE Outreach Specialist(Schedule A,
#A, #B and#E).
Project Component Two: Detox and/or Crisis Support Bed Days (Schedule A, #A, Schedule B, #A, #B
and#C)
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project Component Three:Crisis Hotline/Call Center Availability (Schedule B,#A and#B).
Project Component Four: Residential/Inpatient Treatment Bed Days (Schedule A, #A, Schedule B, #A
and #B).
A. Project Tasks:
1. Maintain documentation on all persons served
2. Provide quarterly reports no later than the 20th day following the end of each quarter.
3. Attendance by a representative of CONTRACTOR's Executive Management at each quarterly
Partnership Meeting
B. 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
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040
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.
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 Year 1 Year 2 Funding Year 3 Funding Year 4 Funding TOTAL AMOUNT
Funding (FY25/26) (FY26/27) (FY27/28) AWARDED
(FY24/25) *contingent *contingent *contingent *contingent upon
upon allocation upon allocation upon allocation allocation
availability availability availability availability
Project Component 1: $104,178.82 $107,304.18 $110,523.31 $113,839.00
Staffing to include .5 FTE
Nurse and .5 FTE Outreach
Specialist(Schedule A,#A,
#B and#E)Cost
Reimbursement
Project Component 2: $70,777.28 $70,777.28 $99,524.82 $70,777.28
Detox and/or Crisis Support
Bed Days(Schedule A,#A,
Schedule B, #A, B&#C).
Fixed Price/Unit Cost*
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Project Component 3: $288,099.98 $288,099.98 $384,133.30 $288,099.98
Crisis Hotline/Call Center
Availability(Schedule B,
#A and#B).Fixed Price/
Unit Cost*
Project Component Four: $59,036.93 $55,818.57 $55,818.57 $17,880.75
Residential/Inpatient
Treatment Bed Days
(Schedule A,#A, Schedule
B,#A and#B)Fixed
Price/Unit Cost*
Total Funds $522,093.00 $522,000.00 $650,000.00 $490,597.00 $2,184,690,00
City/County $340,907.73 $353,429.09 $248,242.01 $1,464,671.83
Funds City County City-County City-County Total City-County
Funds/ Funds/ Funds/ Funds/$720,018.17
$181,092.27 $296,570.91 $242,354.99 Total Regional
Regional Funds Regional Funds Regional Funds Funds
*Those Fixed Price/Unit Cost Components and Reimbursement Rates shall be based on the approved
CFBHN/DCF Rates, Subcontract Number QG009-24, Amendment No. 40 and supported in the Carisk
Portal on the"Covered Services Funding Tool"
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.
1. 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
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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://wvvw.myfifamilies.com/docuin ent/54331.
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-
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 and 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
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CP
Program Deliverable Supporting Documentation Submission Schedule
HIPAA and DCF Security Certificates of Training for all Within 30 days following
Training(per Section 2.5 of staff working on the agreement Agreement execution
this AGREEMENT)
Progress Report Progress report,detailing 20 days after the end of the
accomplishments. (Exhibit E) quarter
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
fiscal year 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 Unit Cost
Documentation Schedule
Project Component 1: Submission of Exhibit D Monthly invoice N/A
Staffing,to include: .5 along with proof of due by the 30"of
FTE Nurse and.5 FTE submission of DCF 837 file, the month
Outreach Specialist timesheets record,employee following the
(Schedule A,#A,#B and payroll register,bank month of service.
#E) statements,sign in sheets for
outreach activity and any
other additional
documentation as requested.
Project Component 2: Submission of Exhibit D Monthly invoice $418.99/per
Detox and/or Crisis along with proof of due by the 30'of detox bed day;
Support Bed Days submission of DCF 837 file, the month $633.43 per
(Schedule A,#A, evidence of monthly bed following the crisis support
Schedule B,#A,#B and occupancy report by month of service. bed day
#C) program,client ID report by
program and bed day
occupancy,and any other
additional documentation as
requested.
Project Component 3: Submission of Exhibit D Monthly invoice $80.22 per
Crisis Hotline/Call along with proof of due by the 30"of available hour
Center Availability submission of DCF 837 file, the month
(Schedule B,#A and#B). daily call logs, and any other following the
additional documentation as month of service.
requested.
Project Component Four: Submission of Exhibit D Monthly invoice $323.49/per
Residential/Inpatient along with proof of due by the 30'of bed day
Treatment Bed Days submission of DCF 837 file, the month
(Schedule A,#A, evidence of monthly bed following the
Schedule B,#A and#B) occupancy,client ID report month of service.
by bed day occupancy,and
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Payment Deliverable Payment Supporting Submission Unit Cost
Documentation Schedule
any other additional
documentation as requested.
1.4 PERIOD OF PERFORMANCE
CONTRACTOR's services shall begin on OCTOBER 1, 2024, 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 available TWO MILLION ONE HUNDRED EIGHTY-FOUR
THOUSAND SIX HUNDRED NINETY DOLLARS and ZERO CENTS($2,184,690.000),for use by
CONTRACTOR, during the term of the AGREEMENT(this agreement allows for all costs incurred
retroactive to October 1,2024)(hereinafter,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.
This is a fixed price/unit cost and cost reimbursement agreement applicable to each project component
accordingly.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 OPIOID 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. The
fix price/unit cost component is the price paid for a specified unit of service,where the`unit' is other than
a fixed period of time, such as a month.The terms"unit cost"and"unit price"are synonymous with the
term "Fixed Rate" as is the term "fixed-rate-per-unit," as used in subsection 215.97(8)(o)2., Florida
Statutes.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
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
monthly. 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
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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 Agreement 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
Email to:Carolyn.Noble@colliercountyfl.gov
Telephone: 239-450-5186
CONTRACTOR ATTENTION: Scott Burgess,President and CEO
David Lawrence Mental Health Center,Inc.
6075 Bathey Lane
Naples,FL 34116
Email to:scottb@DLCenters.org
Telephone:239-354-1424
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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. CONTRACTOR
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:
A. All records required by Florida Plan regulations.
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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 CHS,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 any 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 239-252-2679,
Michael.Brownlee(dcolliercountvfl.gav,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.
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Gp.,O
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 CHS, 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
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.
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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 be 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 not be reported into DCF's Financial and Services Accountability Management System
(FASAMS). The ODMS is available under the Resources tab at https//flcridaopi ,i.dsettlement eprn and
CONTRACTOR must request access to the system by sending an email to
FIQW.SAMl-hOpioid.Data.Access.Support(amyflfamilies.com. The ODMS offers a secure platform for
uploading, validating, and reviewing data. According to the ODMS User Manual, users designated as
County/Municipality Submitters will have the ability to report financial expenditures and upload
implementation plan documents specific to their designated county or municipality.
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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"837P"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 X12N 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
CON TRACTOR 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 OPIOID 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 are 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 CHS 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 CHS 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
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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
CONTRACTOR to return to the COUNTY a portion of the awarded 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.
• CHS 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 CONTRACTOR 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.
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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
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. CON TRACTOR 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
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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(G—p,C)
•
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 OPIOID Funds in this part.
Sanctuaries, chapels, or other rooms that an OPIOID 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 parry'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-l 1246/a.s-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 CON TRACTOR,state that it is an Egttal Opportunity or Affirmative Action employer.
Title V1I of the Civil Rights Act of 1964 I 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
CON TRACTOR 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 [ Congress.gov I
Library of Congress
4.5 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 funds under the False Claims Act or(ii)committed a criminal or civil violation
of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving
subaward agreement funds
4.6 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.
4.7 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/17orida/statu.tes/florida statutes chapter 112 part iii
Collier County-
littp://www.colliergov.net/home/showdocument?id=35137
4.8 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.
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4.9 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).
4.10 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this AGREEMENT
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. 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.fl senate.gov/Laws/Statutes/2012/44.102
4.11 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/Statutes/index.cfm?App mode_Display Statute&Search String—&IJRL-020
0-0299/0287/Secti.ons/0287.13 3.html.
4.12 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://www.leg.state.fl.us/statutes/index.cfri?App mode—Display Statute&.LJRL-0400-
0499/0448/0448.html
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 DHS. For more information about E-Verify visit the E-
Verify website(https://www.e-verify.gov/)or email E-Verify at E-Verify@dhs.gov. E-Verify employer
agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov.
4.13 Florida Statutes section 119.021 Records Retention
Statutes&Constitution: View Statutes:Online Sunshine(state.fl.us)
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4.14 Florida Statutes section 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?A:pp mode=Displax Statute&U.RL01.00-
01.99/011.9/Sections/0119.071.h.tml
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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0,0
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
COLLIER CO Y,FLORIDA
.
- i 1puty Clerk
z By:
�.. CH A L,CHAIRPERSO
Dated: [-i,!1 (
''), 'i ,.J.,0 AL) Date: I Z(i()f Z -
J
Attest as to Chairmaret
signature only.
AS TO CONTRACTOR:
WITNESSES: (-->„ - DAVID LAWRENCE MENTAL HEALTH
fiNd)(A/ P ----- CENTER,INC.
Wit ess#1 Sig6ture
vo N co *AY Al- 1 V V I 6 By: dok,'/ :c.,
Witness#1 Printed Name SCO ' : '.'GE , P ]DENT&CEO
,______---Witness#2 Signature Date:
i t(2g/1y
\J C t,i r-> .Cc.- Lc'ice_ �c; [Please provide evidence of signing authority]
Witness#2 Printed Name
Approved as am and legality:
#1 r
SallyAshk;re I12 .1
A ista ou Attorney 0
Date: VIA\A14
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( tut) !
EXHIBIT A
FLORIDA OPIOID ALLOCATION AND STATEWIDE
RESPONSE AGREEMENT(Florida Plan)
(See Attachment)
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C'\,U
EXHIBIT B
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B.
However, priority shall be given to the following core abatement strategies ("Core Strategies") [such that a
minimum of %of the[aggregate]state-level abatement distributions shall be spent on[one or more of]them
annually].'
A.Naloxone or other FDA-approved drug to reverse opioid overdoses
1.Expand training for first responders,schools,community support groups and families;and
2.Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.
B.Medication-Assisted Treatment("MAT")Distribution and other opioid-related treatment
1.Increase distribution of MAT to non-Medicaid eligible or uninsured individuals;
2.Provide education to school-based and youth-focused programs that discourage or prevent misuse;
3.Provide MAT education and awareness training to healthcare providers,EMTs,law enforcement,and other
first responders;and
4.Treatment and Recovery Support Services such as residential and inpatient treatment,intensive outpatient
treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with
other support services.
C.Pregnant&Postpartum Women
1.Expand Screening,Brief Intervention,and Referral to Treatment("SBIRT")services to non-Medicaid
eligible or uninsured pregnant women;
2.Expand comprehensive evidence-based treatment and recovery services,including MAT,for women with co-
occurring Opioid Use Disorder("OUD")and other Substance Use Disorder("SUD")/Mental Health disorders for
uninsured individuals for up to 12 months postpartum;and
3.Provide comprehensive wrap-around services to individuals with Opioid Use Disorder(OUD)including
housing,transportation,job placement/training,and childcare.
D.Expanding Treatment for Neonatal Abstinence Syndrome
1.Expand comprehensive evidence-based and recovery support for NAS babies;
2.Expand services for better continuum of care with infant-need dyad;and
3.Expand long-term treatment and services for medical monitoring of NAS babies and their families.
E.Expansion of Warm Hand-off Programs and Recovery Services
1.Expand services such as navigators and on-call teams to begin MAT in hospital emergency
departments;
2.Expand warm hand-off services to transition to recovery services;
3.Broaden scope of recovery services to include co-occurring SUD or mental health conditions.;
As used in this Schedule A,words like"expand,""fund,""provide"or the like shall not indicate a
preference for new or existing programs. Priorities will be established through the mechanisms
described in the Term Sheet.
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4.Provide comprehensive wrap-around services to individuals in recovery including housing,
transportation,job placement/training,and childcare;and
5.Hire additional social workers or other behavioral health workers to facilitate expansions above.
F.Treatment for Incarcerated Population
1.Provide evidence-based treatment and recovery support including MAT for persons with OUD and co-
occurring SUD/MH disorders within and transitioning out of the criminal justice system;and
2.Increase funding for jails to provide treatment to inmates with OUD.
G.Prevention Programs
1.Funding for media campaigns to prevent opioid use(similar to the FDA's"Real Cost"campaign to prevent
youth from misusing tobacco);
2.Funding for evidence-based prevention programs in schools.;
3.Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent
with the 2016 CDC guidelines,including providers at hospitals(academic detailing);
4.Funding for community drug disposal programs;and
5.Funding and training for first responders to participate in pre-arrest diversion programs,post-overdose
response teams, or similar strategies that connect at-risk individuals to behavioral health services and
supports.
H.Expanding Syringe Service Programs
1.Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD
treatment,access to sterile syringes,and linkage to care and treatment of infectious diseases.
I.Evidence-based data collection and research analyzing the effectiveness of the abatement strategies within the
State.
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Schedule B
Approved Uses
A. TREAT OPIOID USE DISORDER(OUD)
Support treatment of Opioid Use Disorder(OUD)and any co-occurring Substance Use Disorder or Mental
Health(SUD/MH)conditions through evidence-based or evidence-informed programs or strategies that may
include,but are not limited to,the following:2
l. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all
forms of Medication-Assisted Treatment(MAT)approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American Society of Addiction
Medicine(ASAM)continuum of care for OUD and any co-occurring SUD/MH conditions
3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH
conditions, including MAT, as well as counseling, psychiatric support, and other treatment and
recovery support services.
4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based or evidence-
informed practices such as adequate methadone dosing and low threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and
service providers, such as peer recovery coaches, for persons with QUID and any co-occurring SUD/MH
conditions and for persons who have experienced an opioid overdose.
6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or
adverse childhood experiences)and family members(e.g., surviving family members after an overdose or
overdose fatality),and training of health care personnel to identify and address such trauma.
7. Support evidence-based withdrawal management services for people with OUD and any co-
occurring mental health conditions.
8. Training on MAT for health care providers, first responders, students, or other supporting
professionals,such as peer recovery coaches or recovery outreach specialists,including telementoring to
assist community-based providers in rural or underserved areas.
9. Support workforce development for addiction professionals who work with persons with OUD and
any co-occurring SUD/MH conditions.
10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical
research for treatments.
11. Scholarships and supports for behavioral health practitioners or workers involved in addressing
QUID and any co-occurring SUD or mental health conditions,including but not limited to training,
scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or
underserved areas.
12. [Intentionally Blank—to be cleaned up later for numbering]
13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction
Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and
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professional support to clinicians who have obtained a DATA 2000 waiver.
14. Dissemination of web-based training curricula, such as the American Academy of Addiction
Psychiatry's Provider Clinical Support Service-Opioids web-based training curriculum and
motivational interviewing.
15. Development and dissemination of new curricula, such as the American Academy of Addiction
Psychiatry's Provider Clinical Support Service for Medication-Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include, but are not
limited to,the following:
1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring
SUD/MH conditions, including housing, transportation, education,job placement,job training, or
childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring
SUD/MH conditions, including supportive housing, peer support services and counseling, community
navigators,case management,and connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential treatment with access to
medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including
supportive housing, recovery housing, housing assistance programs, training for housing providers, or
recovery housing programs that allow or integrate FDA-approved medication with other support services.
5. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.
6. Support or expand peer-recovery centers, which may include support groups, social events, computer
access, or other services for persons with OUD and any co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services for persons with
OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for or recovery from
OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and
provide support and technical assistance to increase the number and capacity of high-quality programs to
help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to support people in
treatment and recovery and to support family members in their efforts to support the person with OUD in
the family.
2 As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference
for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet.
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11. Training and development of procedures for government staff to appropriately interact and provide
social and other services to individuals with or in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including
reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with OUD and any co-
occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or supports listed
above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS
TO CARE)
Provide connections to care for people who have—or at risk of developing—OUD and any co- occurring
SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to,the following:
1. Ensure that health care providers are screening for OUD and other risk factors and know how to
appropriately counsel and treat(or refer if necessary)a patient for OUD treatment.
2. Fund Screening,Brief Intervention and Referral to Treatment(SBIRT)programs to reduce the transition
from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for
Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges,
criminal justice, and probation), with a focus on youth and young adults when transition from misuse to
opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency
departments.
6. Training for emergency room personnel treating opioid overdose patients on post-discharge planning,
including community referrals for MAT,recovery case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH
conditions, or persons who have experienced an opioid overdose, into clinically-appropriate follow-up
care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for
persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid
overdose.
9. Support the work of Emergency Medical Systems, including peer support specialists, to connect
individuals to treatment or other appropriate services following an opioid overdose or other opioid-
related adverse event.
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10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox
facilities, recovery centers,recovery housing, or similar settings; offer services, supports, or connections
to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have
experienced an opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek immediate treatment
services for their child;and support prevention, intervention,treatment,and recovery programs focused on
young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for treatment.
16. Support centralized call centers that provide information and connections to appropriate services
and supports for persons with OUD and any co-occurring SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in,
are at risk of becoming involved in, or are transitioning out of the criminal justice system through
evidence-based or evidence-informed programs or strategies that may include, but are not limited to,the
following:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and
any co-occurring SUD/MH conditions, including established strategies such as:
a. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery
Initiative(PAARI);
b. Active outreach strategies such as the Drug Abuse Response Team(DART)model;
c. "Naloxone Plus" strategies, which work to ensure that individuals who have received
naloxone to reverse the effects of an overdose are then linked to treatment programs or other
appropriate services;
d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD)
model;
e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network
or the Chicago Westside Narcotics Diversion to Treatment Initiative;or
f. Co-responder and/or alternative responder models to address OUD-related 911 calls with
greater SUD expertise
2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH
conditions to evidence-informed treatment, including MAT, and related services.
3. Support treatment and recovery courts that provide evidence-based options for persons with OUD
and any co-occurring SUD/MH conditions
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4.Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are
incarcerated in jail or prison.
5.Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving
jail or prison have recently left jail or prison,are on probation or parole,are under community corrections
supervision,or are in re-entry programs or facilities.
6. Support critical time interventions (CTI), particularly for individuals living with dual-diagnosis
OUD/serious mental illness, and services for individuals who face immediate risks and service needs
and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal-justice-involved persons with
OUD and any co-occurring SUD/MH conditions to law enforcement,correctional,or judicial personnel or
to providers of treatment, recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR
FAMILIES,INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions,and
the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence-
based or evidence-informed programs or strategies that may include,but are not limited to,the following:
1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and
supports, and prevention services for pregnant women—or women who could become pregnant—who
have OUD and any co-occurring SUD/MH conditions,and other measures to educate and provide support
to families affected by Neonatal Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for
uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months
postpartum.
3. Training for obstetricians or other healthcare personnel that work with pregnant women and their
families regarding treatment of OUD and any co-occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand
services for better continuum of care with infant-need dyad;expand long-term treatment and services for
medical monitoring of NAS babies and their families.
5. Provide training to health care providers who work with pregnant or parenting women on best
practices for compliance with federal requirements that children born with Neonatal Abstinence
Syndrome get referred to appropriate services and receive a plan of safe care.
6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH
conditions.
7. Enhanced family supports and child care services for parents with OUD and any co-occurring
SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a result of addiction in
the family;and offer trauma-informed behavioral health treatment for adverse childhood events.
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9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH
conditions, including but not limited to parent skills training.
10. Support for Children's Services—Fund additional positions and services,including supportive housing
and other residential services, relating to children being removed from the home and/or placed in foster
care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND
DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids
through evidence-based or evidence-informed programs or strategies that may include, but are not limited
to,the following:
1. Fund medical provider education and outreach regarding best prescribing practices for opioids
consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease
Control and Prevention, including providers at hospitals(academic detailing).
2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and
tapering patients off opioids.
3. Continuing Medical Education(CME)on appropriate prescribing of opioids.
4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to
multi-modal, evidence-informed treatment of pain.
5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs),
including but not limited to improvements that:
a. Increase the number of prescribers using PDMPs;
b. Improve point-of-care decision-making by increasing the quantity, quality, or format of data
available to prescribers using PDMPs, by improving the interface that prescribers use to access
PDMP data,or both;or
c. Enable states to use PDMP data in support of surveillance or intervention strategies, including
MAT referrals and follow-up for individuals identified within PDMP data as likely to experience
OUD in a manner that complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United
States Department of Transportation's Emergency Medical Technician overdose database in a manner
that complies with all relevant privacy and security laws and rules.
7. Increase electronic prescribing to prevent diversion or forgery.
8. Educate Dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence- informed
programs or strategies that may include,but are not limited to,the following:
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1. Fund media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Fund community anti-drug coalitions that engage in drug prevention efforts.
6. Support community coalitions in implementing evidence-informed prevention, such as reduced social
access and physical access,stigma reduction—including staffing,educational campaigns,support for people
in treatment or recovery, or training of coalitions in evidence-informed implementation, including the
Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services
Administration(SAMHSA).
7. Engage non-profits and faith-based communities as systems to support prevention.
8. Fund evidence-based prevention programs in schools or evidence-informed school and community
education programs and campaigns for students, families, school employees, school athletic programs,
parent-teacher and student associations,and others.
9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in
preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.
10. Create of support community-based education or intervention services for families, youth, and
adolescents at risk for OUD and any co-occurring SUD/MH conditions.
11. Support evidence-informed programs or curricula to address mental health needs of young people
who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience
skills.
12. Support greater access to mental health services and supports for young people,including services and
supports provided by school nurses, behavioral health workers or other school staff, to address mental
health needs in young people that(when not properly addressed) increase the risk of opioid or other drug
misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS(HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based
or evidence-informed programs or strategies that may include,but are not limited to,the following:
1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first
responders, overdose patients, individuals with OUD and their friends and family members, individuals at
high risk of overdose, schools, community navigators and outreach workers, persons being released from
jail or prison, or other members of the general public.
2. Public health entities provide free naloxone to anyone in the community
3.Training and education regarding naloxone and other drugs that treat overdoses for first responders,
overdose patients, patients taking opioids, families, schools, community support groups, and other
members of the general public.
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•
4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with
naloxone,training,and support.
5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone
revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educate first responders regarding the existence and operation of immunity and Good Samaritan
laws.
9. Syringe service programs and other evidence-informed programs to reduce harms associated with
intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment,
fentanyl checking, connections to care, and the full range of harm reduction and treatment services
provided by these programs.
10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting
from intravenous opioid use.
11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery
supports, health care, or other appropriate services to persons that use opioids or persons with OUD and
any co-occurring SUD/MH conditions.
12. Provide training in harm reduction strategies to health care providers, students, peer recovery
coaches, recovery outreach specialists, or other professionals that provide care to persons who use
opioids or persons with OUD and any co-occurring SUD/MH conditions.
13. Support screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I.FIRST RESPONDERS
In addition to items in sections C,D,and H relating to first responders,support the following:
1. Educate law enforcement or other first responders regarding appropriate practices and precautions
when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who experience secondary
trauma associated with opioid-related emergency events.
J. LEADERSHIP,PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitation,training and technical assistance
to abate the opioid epidemic through activities,programs,or strategies that may include,but are not limited
to,the following:
1. Statewide, regional, local, or community regional planning to identify root causes of addiction and
overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the
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greatest needs for treatment intervention services; to support training and technical assistance; or to
support other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
2. A dashboard to share reports, recommendations,or plans to spend opioid settlement funds;to show how
opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or
visualize key opioid-related or health-related indicators and supports as identified through collaborative
statewide,regional, local, or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative,
cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid
overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement programs.
K.TRAINING
In addition to the training referred to throughout this document,support training to abate the opioid epidemic
through activities,programs, or strategies that may include,but are not limited to,the following:
1. Provide funding for staff training or networking programs and services to improve the capability of
government, community, and not-for-profit entities to abate the opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid
misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or
implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care,primary care, pharmacies,PDMPs,etc.).
L. RESEARCH
Support opioid abatement research that may include,but is not limited to,the following:
1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but
mixed results in populations vulnerable to opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based
delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice
populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE
and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals
entering the criminal justice system,including but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring(ADAM) system.
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8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities
within illicit drug markets,including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and
treatment outcomes.
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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 MOU, 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 CON TRACTOR 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.
9. Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in connection
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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 (NFIP). 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: David Lawrence Mental Health Center,Inc.
Contractor Address: 6075 Bathey Lane,Naples,FL 34116
Project Name: Opioid Settlement Funds Project No:2024-01 DLC Opioid
Total Payment Request Payment Request#
Period of Availability: 10/01/2024 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. Total Amount of Previous Requests $ $
3. Amount of This Request $ $
4. Current Agreement Balance $ $
Activity Units of Service Rate Total Invoiced for
this Month
Overdose/Community Education Nurse N/A N/A
Outreach Specialist N/A N/A
Outreach Activities N/A N/A
Crisis Hotline Support/Emergency Services $80.22
Hours
Crisis Stabilization Bed Days $633.43
Detox Bed Days $418.99
Residential/Inpatient Bed Days $323.49
Total Requested
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 term 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
David Lawrence Center
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EXHIBIT E
QUARTERLY PROGRESS REPORT
Subrecipient Name: David Lawrence Mental Health Center
Report Period:
Fiscal Year:
Project Number:
Organization/s:
Program:
Contact Name:
Contact Number:
DESCRIPTION QUARTER QUARTER QUARTER QUARTER CUMULATIVE YEARLY
1 2 3 4 TOTAL TARGET
*
Nurse 1040
hours
Outreach Specialist 1040
hours
Outreach Activities 24
Crisis Hotline/Call Center 882*
Availability Changes
Yearly
Detox and/or Crisis 548*
Support Bed Days Changes
Yearly
Residential/Inpatient Bed 182
Days
Number of Narcan Kits 900
Distributed/Deployment**
*These are projections only and are not subject to a reduction in funds should they not be met.
**For tracking purposes only.
I hereby certify the above information is true and accurate.
Name:
Signature:
Title:
Your typed name here represents your electronic signature
David Lawrence Center
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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/DD/YY)
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 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:
n ❑ 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
n 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
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