Agenda 03/26/2024 Item #16D10 (4-year Agreement w/DLC to operate the Collier County Adult Drug Court Program)03/26/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a four-year Agreement between Collier
County and the David Lawrence Mental Health Center to operate the Collier County Adult Drug Court
Program utilizing funds from the Department of Justice, Bureau of Justice Assistance.
OBJECTIVE: To provide a post -adjudication, court -supervised, substance abuse Drug Court Program for those
persons involved in the criminal justice system.
CONSIDERATIONS: On April 25, 2023, Agenda Item #16.D.9, the Board of County Commissioners (Board)
approved the "After -the -Fact" submittal of an Adult Drug Court Discretionary funding application to the U.S.
Department of Justice (DOJ) - Bureau of Justice Assistance (BJA) through Grant #15PBJA-23-GG-04295-DGCT.
On September 27, 2023, Collier County was notified of the award. Subsequently, on October 24, 2023, Agenda
Item #16.1).10, the Board accepted the award and executed a grant agreement with the DOJ to receive $1,000,000
in Federal Funds with a match requirement of $333,333.
The proposed agreement between Collier County and the David Lawrence Mental Health Center (DLC) period of
performance is October 1, 2023- September 30, 2027. This award will allow the non-profit agency to continue the
operation of the program as outlined and approved in the application submitted to the U.S. Department of Justice,
BJA. DLC is the only comprehensive publicly funded substance abuse agency in Collier County and has been the
Drug Court program administrator for the last twelve (12) years. DLC will enhance the program through the
integration of a Recovery Oriented System of Care, expanded drug testing, enhanced peer support, and enhanced
data collection and evaluation. The Program will continue to serve adults eighteen (18) and over, who have been
arrested; are substance dependent; and are at risk of failing in less intensive rehabilitation programs and anticipated
to serve one hundred and twenty (120) participants over the four (4) years period.
FISCAL IMPACT: The proposed actions have no new Fiscal Impact. The funding source for this grant award is
the Adult Drug Court Discretionary Program. This project is budgeted in the Housing Grant Fund (1835) and
Housing Match Fund (1836), Drug Court Project 33880. The total project cost is $1,000,000. Out of the $1,000,000
award from BJA, $900,000 will be allocated to the sub -recipient David Lawrence, and $100,000 will be allocated to
CHS for their role as fiscal agent and manager. The grant requires a twenty-five percent (25%) match in the amount
of $333,333.33. David Lawrence will provide $300,000 and CHS $33,333.33.
GROWTH MANAGEMENT IMPACT:. There is Growth Management Impact associated with this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -DDP
RECOMMENDATION: To approve and authorize the Chairman to sign a four-year Agreement between Collier
County and the David Lawrence Mental Health Center in the amount of $900,000 to operate the Collier County
Adult Drug Court Program utilizing funds from the Department of Justice, Bureau of Justice Assistance.
Prepared By: Carolyn Noble, Grant Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. DOJ DRug Court Award (PDF)
2. DLC DRUG COURT AGREEMENT CAO STAMPED DLC Signed 3.5.24 (PDF)
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16.D.10
03/26/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.1).10
Doe ID: 28149
Item Summary: Recommendation to approve and authorize the Chairman to sign a four-year Agreement between
Collier County and the David Lawrence Mental Health Center in the amount of $900,000 to operate the Collier
County Adult Drug Court Program utilizing funds from the Department of Justice, Bureau of Justice Assistance.
Meeting Date: 03/26/2024
Prepared by:
Title: — Community & Human Services
Name: Carolyn Noble
02/22/2024 5:36 PM
Submitted by:
Title: Manager - Federal/State Grants Operation — Community & Human Services
Name: Kristi Sonntag
02/22/2024 5:36 PM
Approved By:
Review:
Community & Human Services
Kristi Sonntag
CHS Review
Operations & Veteran Services
Jeff Weir
OVS Director Review
Community & Human Services
Tami Bailey
Other Reviewer
Community & Human Services
Todd Henry
Other Reviewer
Public Services Department
Todd Henry
PSD Level 1 Reviewer
Public Services Department
Tanya Williams
PSD Department Head Review
Grants
Erica Robinson
Level 2 Grants Review
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Blanca Aquino Luque OMB Reviewer
Grants
Therese Stanley
OMB Reviewer
County Manager's Office
Dan Rodriguez
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
02/23/2024 12:05 PM
Completed
02/27/2024 2:14 PM
Completed
02/29/2024 1:19 PM
Skipped
03/05/2024 9:22 AM
Completed
03/05/2024 11:48 AM
Completed
03/11/2024 8:35 AM
Completed
03/12/2024 2:37 PM
Completed
03/13/2024 2:14 PM
Completed
03/13/2024 4:09 PM
Completed
03/13/2024 4:13 PM
Completed
03/14/2024 12:36 PM
Completed
03/15/2024 3:09 PM
Completed
03/20/2024 11:32 AM
03/26/2024 9:00 AM
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Department of Justice (DOJ)
_ Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Name and Address of Recipient:
City, State and Zip:
Recipient UEI:
Project Title: Collier County Adult Drug
Court Enhancement
COUNTY OF COLLIER
3299 TAMIAMI TRL E
STE 700
NAPLES, FL 34112
JWKJKYRPLLU6
Award Number: 15PBJA-23-GG-04295-DGCT
Solicitation Title: BJA FY 2023 Adult Treatment Court Site -Based
Federal Award Amount: $1,000,000.00 Federal Award Date: 9/27/23
Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type: Grant
Opportunity Category: D
Assistance Listing:
16.585 - Treatment Court Discretionary Grant Program
Project Period Start Date: 10/1/23 Project Period End Date: 9/30/27
Budget Period Start Date: 10/1/23 Budget Period End Date: 9/30/27
Project Description:
The Collier County Board of County Commissioners applied for funding to enhance Colliers post -
Drug Court (CADC). All Best Practice Standards will be addressed by these enhancements with emphasis on Standard
2 (Equity and Inclusion), Standard 6 (Complementary Treatment and Social Services), Standard 7 (Drug and Alcohol
Testing), and Standard 10 (Monitoring and Evaluation). It is planned that 120 participants will be served. Participation
is for a minimum of 15 months, and the maximum to date has been 28 months. The average length of participation is
20 months. MAT including Buprenorphine, Naltrexone, and Methadone is provided to participants when indicated. The
Purposes of the proposed enhancements include promotion of racial equity (Priority Area 1A), improvement in
adherence to drug testing Best Practice Standards, overall improvement in ability to monitor and evaluate program
compliance with all 10 Best Practice Standards, and improved capacity to assist participants in obtaining drug -free
housing. Project activities include: identification of current racial disparities, design and implement community
interventions and performance metrics that result in measurable annual reduction in racial disparity, addition of a full
time drug screener/coach, ensuring full compliance with all drug and alcohol testing Best Practice Standards, addition
of a full-time data and outcomes specialist; monitoring of adherence to best practice standards, development of
remedial action plans and timetables to rectify practice standard deficiencies, comparing outcomes of CADC
participants with an unbiased and equivalent comparison group, redefining the team's case manager role to include
responsibility for assisting participants in finding and maintaining drug -free housing, and utilizing enhancement grant
funds to assist participants in paying for transitional and permanent housing costs. Expected outcomes included
improved racial equity among participants, removal of barriers to access for communities that have been historically
underserved, marginalized, and adversely affected by inequality, upgrading drug testing process to include coaching
and positive reinforcement, improved monitoring and adherence with all Best Practice Standards, and improvement in
housing stability among participants.
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16.D.10.a
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Award Letter
16.D.10.a
September 27, 2023
Dear Therese Stanley,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs
(OJP) has approved the application submitted by COUNTY OF COLLIER for an award under the funding opportunity
entitled 2023 BJA FY 2023 Adult Treatment Court Site -Based. The approved award amount is $1,000,000.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before
accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information,
Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award
Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but
also compliance with assurances and certifications that relate to conduct during the period of performance for the
award. These requirements encompass financial, administrative, and programmatic matters, as well as other important
matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the
assurances and certifications, and the application as approved by OJP, so that they understand the award
requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies
for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator,
and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to
ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the
entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts
of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and
certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if
you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received
an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Amy Solomon
Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been
delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of
Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in
discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and
Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that
they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial
assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion,
disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender
identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these
civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/
Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals,
entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria.
These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department
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Packet Pg. 1243
providing services in a nondiscriminatory manner to their service population or have employment practices that
�t equal -opportunity standards.
iu are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice
Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional
nations that may apply in connection with the awards: (1) complying with the regulation relating to Equal
)loyment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional
rmation regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding
airements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).
OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ
it funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination
)onsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at
OCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Categorical Exclusion
NEPA Letter
None of the following activities will be conducted whether under the Office of Justice Programs federal action or
a related third party action:
(1) New construction
(2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located
within a 100-year flood plain, a wetland, or habitat for an endangered species
(3) A renovation that will change the basic prior use of a facility or significantly change its size
(4) Research and technology whose anticipated and future application could be expected to have an effect on the
5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure
& clandestine methamphetamine laboratories)
orally, the proposed action is neither a phase nor a segment of a project that when reviewed in its entirety
not meet the criteria for a categorical exclusion.
insequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion
contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations.
about this determination may be directed to your grant manager or Orbin Terry, Environmental
>r for the Bureau of Justice Assistance.
NEPA Coordinator
First Name Last Name
Orbin Middle Name Terry
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16.D.10.a
Packet Pg. 1244
16.D.10.a
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
COUNTY OF COLLIER
UEI
JWKJKYRPLLU6
Street 1 Street 2
3299 TAMIAMI TRL E STE 700
City
State/U.S. Territory
NAPLES
Florida
Zip/Postal Code
Country
34112
United States
County/Parish Province
Award Details
Federal Award Date Award Type
9/27/23 Initial
Award Number Supplement Number
15PBJA-23-GG-04295-DGCT 00
Federal Award Amount Funding Instrument Type
$1,000,000.00 Grant
Assistance Listing Assistance Listings Program Title
Number
16.585 Treatment Court Discretionary Grant Program
Statutory Authority
Pub. L. No. 90-351, Title I, Part EE (codified at 34 U.S.C. 10611 - 10619); Department of Justice Appropriations Act,
2023 (Pub. L. No. 117-328; 136 Stat. 4459, 4537)
[XI
I have read and understand the information presented in this section of the Federal Award Instrument.
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
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Q
Packet Pg. 1245
Information, Financial Information, and Award Conditions.
16.D.10.a
Solicitation Title
2023 BJA FY 2023 Adult Treatment Court Site -Based
Application Number
GRANT13852816
Grant Manager Name
Tracy Lee -Williams
Phone Number
202-598-9695
E-mail Address
Tracy. Lee-Williams@usdoj.gov
Awarding Agency
OJP
Program Office
BJA
Project Title
Collier County Adult Drug Court Enhancement
Performance Period Start
Date Performance Period End Date
10/01 /2023 09/30/2027
Budget Period Start Date Budget Period End Date
10/01 /2023 09/30/2027
Project Description
The Collier County Board of County Commissioners applied for funding to enhance Colliers post -adjudication Adult
Drug Court (CADC). All Best Practice Standards will be addressed by these enhancements with emphasis on Standard
2 (Equity and Inclusion), Standard 6 (Complementary Treatment and Social Services), Standard 7 (Drug and Alcohol
Testing), and Standard 10 (Monitoring and Evaluation). It is planned that 120 participants will be served. Participation
is for a minimum of 15 months, and the maximum to date has been 28 months. The average length of participation is
20 months. MAT including Buprenorphine, Naltrexone, and Methadone is provided to participants when indicated. The
Purposes of the proposed enhancements include promotion of racial equity (Priority Area 1A), improvement in
adherence to drug testing Best Practice Standards, overall improvement in ability to monitor and evaluate program
compliance with all 10 Best Practice Standards, and improved capacity to assist participants in obtaining drug -free
housing. Project activities include: identification of current racial disparities, design and implement community
interventions and performance metrics that result in measurable annual reduction in racial disparity, addition of a full
time drug screener/coach, ensuring full compliance with all drug and alcohol testing Best Practice Standards, addition
of a full-time data and outcomes specialist; monitoring of adherence to best practice standards, development of
remedial action plans and timetables to rectify practice standard deficiencies, comparing outcomes of CADC
participants with an unbiased and equivalent comparison group, redefining the team's case manager role to include
responsibility for assisting participants in finding and maintaining drug -free housing, and utilizing enhancement grant
funds to assist participants in paying for transitional and permanent housing costs. Expected outcomes included
improved racial equity among participants, removal of barriers to access for communities that have been historically
underserved, marginalized, and adversely affected by inequality, upgrading drug testing process to include coaching
and positive reinforcement, improved monitoring and adherence with all Best Practice Standards, and improvement in
housing stability among participants.
[XI
I have read and understand the information presented in this section of the Federal Award Instrument.
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Packet Pg. 1246
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
The recipient budget is currently under review.
[Xj
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards
Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To
Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases
or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any
subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to
acquire or transfer any property identified on the "controlled equipment' list. The details of the requirement are posted
on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:
Compliance with restrictions on the use of federal funds --prohibited and controlled equipment under OJP awards), and
are incorporated by reference here.
2
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
3
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to
public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
4
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY
2022 award from OJP.
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16.D.10.a
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16.D.10.a
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before
December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that
are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and
subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at
any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF
425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at
any tier) must provide access, include performance measurement information, in addition to the financial records,
supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award -related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
5
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
6
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this
award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the
program solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
7
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
8
Compliance with general appropriations -law restrictions on the use of federal funds (FY 2022)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general
provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/
FY22AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might
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fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not 16.D.10.a
proceed without the express prior written approval of OJP.
9
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious
practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements
that pertain to recipients and subrecipients that are faith -based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/
/www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under
e-CFR "current' data.
10
r
Effect of failure to address audit issues
m
a�
L
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
aM
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award funds, or may impose other related requirements, if as determined b the DOJ awarding agency) the recipient
Y p q ( Y 9 9 Y) p�
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
o
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investigations, or reviews of DOJ awards.
11
L
0
U
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications
M
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
00
N
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOX) may determine that it will
TO
not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions
f°
regarding enforcement, including any such exceptions made during the period of performance, are (or will be during
Q
the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:
Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegaiNotices-AwardRegts.htm), and
o
incorporated by reference into the award.
U
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material
a�
requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all
p
assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance.
O
0
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition
c
incorporated by reference below, or an assurance or certification related to conduct during the award period -- may
result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may
t
withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other
legal action as appropriate. I Q
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false
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claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
16.D.10.a
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held,
instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
12
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equal employment opportunity program.
13
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"
indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must
advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part
200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
14
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must --
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole
or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the
individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under
this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to
hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for
the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
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A. Staff involved in the hiring process
16.D.10.a
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes
(without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient
(or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate
person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify
procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") 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.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.6., shall be understood to relieve any recipient, any subrecipient
at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
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.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
15
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
16
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or
in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal
statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a
subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https:Hojp.gov/funding/Explore/Interact-Minors.htm
(Award condition: Determination of suitability required, in advance, for certain individuals who may interact with
participating minors), and are incorporated by reference here.
17
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
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"high
16.D.10.a
OJP or OVW, as appropriate) durin the period of performance for this award, if the recipient is designated as -
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risk" for purposes of the DOJ high -risk grantee list.
18
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP
financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the
award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period
of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP
financial management and grant administration training" by 120 calendar days after the date the Entity Administrator
enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of
such a training on or after October 15, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https:Honlinegfmt.training.ojp.gov/. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply
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with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on
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this award.
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Restrictions and certifications regarding non -disclosure agreements and related matters
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No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
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agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
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department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
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requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
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sensitive compartmented information), or any other form issued by a federal department or agency governing the
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nondisclosure of classified information.
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1. In accepting this award, the recipient--
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a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
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or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
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contractors from reporting waste, fraud, or abuse as described above; and
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b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written
notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if
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expressly authorized to do so by that agency.
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2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
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(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
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16.D.10.a
prohibit or otherwise current) restrict or purport to prohibit or restrict employees or contractors from reporting waste,
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fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that
prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it
will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
20
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The
reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and
cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
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reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified
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to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
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material incorporated by reference through award conditions, and references set out in other award requirements.
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21
Requirement to report actual or imminent breach of personally identifiable information (PII)
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The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the
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scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB
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Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach.
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Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ
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If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain
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related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high
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risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the
following:1. The federal awarding agency that current) designates the recipient high risk, 2. The date the recipient
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was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency.
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Encouragement of policies to ban text messaging while driving
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Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
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banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
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All subawards ("subgrants") must have specific federal authorization
16.D.10.a
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/
funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal
authorization), and are incorporated by reference here.
25
Specific post -award approval required to use a noncompetitive approach in any procurement contract that would
exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https:Hojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $250,000)), and are incorporated by reference here.
26
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the
part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here.
27
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any of
those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical
cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding
agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding
agency, must seek a budget -modification or change -of -project -scope Grant Award Modification (GAM) to eliminate any
inappropriate duplication of funding.
28
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector
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16.D.10.a
General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other
person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General,
Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by
facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
29
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently
accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as
maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -
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tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the
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unique entity identifier required for SAM registration.
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The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
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at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
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This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated
to any business or non-profit organization that he or she may own or operate in his or her name).
30
Restrictions on "lobbying"
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In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
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subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
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modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may
be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by
law.)
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Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
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subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
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Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or
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cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing,
extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an
exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
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fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
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express prior written approval of OJP.
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The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among
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other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity
and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of
performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role
of Authorized Representative during the period of performance under the award without first ensuring that the
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individual has the requisite legal authority.
16.D.10.a
32
Verification and updating of recipient contact information
The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact
information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has
changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD.
Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/
training -entity -management.
33
Any Web site that is funded in whole or in part under this award must include the following statement on the home
page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to
interior content), and on any pages from which a visitor may access or use a Web -based service, including any pages
that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the
Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of
Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including,
without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of
the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included
through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
34
The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be
used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any
accompanying accessories to support UAS.
35
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with
BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic
desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to
complete monitoring tasks, including documentation related to any subawards made under this award. Further, the
recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ
awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds;
referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee;
or termination of an award(s).
Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press
releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER>
awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of
Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of
Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART
Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official
position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides
guidance on allowable printing and publication activities.
37
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection
requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any
activities within this project.
38
FFATA reporting: Subawards and executive compensation
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16.D.10.a
The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $30,000 or more
and, in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https:Hojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
39
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
40
The recipient shall submit semiannual performance reports. Performance reports shall be submitted within 30 days
after the end of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will
be submitted to the Office of Justice Programs, on-line through the Internet at https://justgrants.usdoj.gov
41
Recipient understands and agrees that it must submit quarterly Federal Financial Reports (SF-425) and semi-annual
performance reports through JustGrants 0 ustg rants. usdoj.gov), and that it must submit quarterly performance metrics
reports through BJA's Performance Measurement Tool (PMT) website (https://bjapmt.ojp.gov/). For more detailed
information on reporting and other requirements, refer to BJA's website. Failure to submit required reports by
established deadlines may result in the freezing of grant funds and High Risk designation.
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The recipient agrees that it will submit quarterly financial status reports (the SF 425 Federal Financial Report) to OJP in
JustGrants, no later than the deadlines set out in the DOJ Financial Guide and the JustGrants guidance (typically 30
days after the end of each calendar quarter). Delinquent reports may lead to funds being frozen and other remedies.
43
Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this
program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To
ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure
that LEP persons have meaningful access to their programs. Meaningful access may entail providing language
assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued
guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the
Internet at www.lep.gov.
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The recipient understands and agrees that no award or matching funds may be used to provide services for violent
offenders as defined in 42 U.S.C. 3797u-2, a ?violent offender? means a person who?(1) is charged with or convicted
of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which offense or
conduct? (A) the person carried, possessed, or used a firearm or dangerous weapon; (B) there occurred the death of
or serious bodily injury to any person; or (C) there occurred the use of force against the person of another, without
regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offense or
conduct of which or for which the person is charged or convicted; or (2) has 1 or more prior convictions for a felony
crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious
bodily harm.
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16.D.10.a
All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found
in BJA?s and National Association of Drug Court Professional?s (NADCP) publication: Defining Drug Courts: The Key
Components at https://www.ncjrs.gov/pdffilesl/bja/205621.pdf. During the grant period of performance, if BJA
concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award
recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain
conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant
award agreement.
.,
Regarding medication -assisted treatment (MAT), the award recipient understands and agrees to the following: 1) all
clients in a BJA-funded drug court have a right to access MAT under the care and prescription of a physician to the
extent MAT is clinically indicated; 2) BJA-funded drug courts must not deny any eligible client enrollment to the drug
court program because of their use of FDA -approved medications for the treatment of substance abuse; 3) MAT must
be permitted to be continued for as long as the prescriber determines that the FDA -approved medication is clinically
beneficial; 4) while under no circumstances can a BJA-funded drug court program deny access to MAT under the care
and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the
risk of abuse, misuse, or diversion of these medications; and 5) federal funds shall not be used to support activities that
violate the Controlled Substances Act, 21 U.S.C. 801-904.
47
Limit on use of grant funds for grantees' employees' salaries
With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of
the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal
System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in
excess of this compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
48
Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal,
and administrative proceedings connected with (or connected to the performance of) either this OJP award or any
other grant, cooperative agreement, or procurement contract from the federal government. Under certain
circumstances, recipients of OJP awards are required to report information about such proceedings, through the
federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system
(currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain civil,
criminal, and administrative proceedings to the federal designated integrity and performance system (currently,
"FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition:
Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by
reference here.
49
The recipient's budget (and budget narrative) is pending clearance by OJP.
Prior to budget clearance (and unless there is a more restrictive condition on this award, in which case the terms of
that more restrictive condition apply): The recipient may not drawdown more than 10% of the award. Pre -clearance
obligations, expenditures, and drawdowns may be disallowed if not in compliance with program requirements.
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The recipient should be judicious in using award funds prior to budget clearance. Generally, OJP expects that
recipients (depending on the specific project scope) may need to advertise for award -funded positions, pay personnel
and fringe benefits for positions budgeted under the award, plan for project activities, attend training and pay training -
related travel needed to begin the project, and engage in other limited activities conducted by recipient staff (i.e.,
generally not requiring a subaward or procurement contract under an award).
OJP will issue an Award Condition Modification upon budget clearance.
[Xj
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance
By checking the declaration and certification box below, I --
A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this
declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and
belief, that the following are true as of the date of this award acceptance: (1) 1 have conducted or there was conducted
(including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and
conditions of, and all supporting materials submitted in connection with, this award, including any assurances and
certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after,
or at the time of the application submission and any materials that accompany this acceptance and certification); and
(2) 1 have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) 1 understand
that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration
and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent
information or statement in this declaration and certification (or concealment or omission of a material fact as to either)
may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§
10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the
federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Agency Approval
Title of Approving Official
Assistant Attorney General
Authorized Representative
Declaration and Certification
Entity Acceptance
Name of Approving Official
Amy Solomon
Title of Authorized Entity Official
Grants Compliance Manager
Name of Authorized Entity Official
Therese Stanley
Signed Date And Time
Signed Date And Time
9/23/23 8:40 PM
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FAIN #
15PBJA-23-GG-04295-
DGCT
Federal Award Date
09/27/2023
Federal Award Agency
DOJ-Bureau of Justice
Assistance BJA
CFDA Name
Adult Drug Court
Enhancement Program
CFDA/CSFA#
16.585
Total Amount of Federal
Funds Awarded
$900,000.00
Subrecipient Name
David Lawrence Mental
Health Center, Inc.
UEI#
PBE3LMA8J4Y1
FEIN#
59-2206025
R&D
No
Indirect Cost Rate
No
Period of Performance
10/1/23 — 9/30/2027
Fiscal Year End
6/30
Monitor End:
12/2027
AGREEMENT BETWEEN COLLIER COUNTY
AND
DAVID LAWRENCE MENTAL HEALTH CENTER, INC.
(dba)
DAVID LAWRENCE CENTER
Drug Court Program
THIS AGREEMENT, made and entered into on this day of 2024, by and
between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal
address at 3339 E Tamiami Trail, Naples FL 34112, and David Lawrence Mental Health Center, Inc. d/b/a
David Lawrence Center (SUBRECIPIENT), a private not -for -profit corporation, having its principal office
at 6075 Bathey Lane, Naples, Florida 34116.
STATEMENT OF WORK
The SUBRECIPIENT shall provide services in accordance with the Scope of Work, provided in Part I, and
the COUNTY's application submitted to, and approved by, the U.S. Department of Justice (DOJ) — Bureau
of Justice Assistance (BJA), referred to herein and made an integral part of this Agreement. This Agreement
contains the entire understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon, in writing, by the SUBRECIPIENT and the COUNTY, in compliance with Collier
County's Administrative Procedures and Department of Justice (DOJ) requirements in effect at the time
such services are authorized.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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16.D.10.b
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing DOJ/BJA assistance, as provided herein and as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Drug Court Discretionary Grant Program
Description of project and outcome: This Program will target a population of persons 18 years and
older, who have been arrested; are substance dependent; and at risk of failing in less intensive
rehabilitation programs. Participants shall receive case management, treatment, drug testing, and
incidental expenses and supplies. If needed, participants have access to a full array of Medication
Assisted Treatments (MAT) at either the primary treatment provider, David Lawrence Center; the
local methadone clinic; or other community providers. The program will include salaries, travel,
supplies and incidentals and training costs associated with program delivery.
All BJA-funded adult drug courts must be operated based on the 10 key components for drug
courts, which are found in BJA's and National Association of Drug Court Professional's
(NADCP) publication: Defining Drug Courts: The Key Components, which can be found at:
http://www.ncjrs.goy/pdffilesl/bja/205621.pdf. During the grant period of performance, if BJA
concludes that a funded drug court is not conforming to the 10 key components, it retains the
right to place the award SUBRECIPIENT on a corrective action plan to bring the drug court into
conformance. Continued failure to maintain conformance to the key components may result in
a hold placed on award funds or suspension/termination of the grant award agreement.
Regarding medication -assisted treatment (MAT), the award SUBRECIPIENT understands and
agrees to the following: 1) all clients in a BJA-funded drug court have a right to access MAT
under the care and prescription of a physician to the extent MAT is clinically indicated; 2) BJA-
funded drug courts must not deny any eligible client enrollment to the drug court program
because of their use of FDA -approved medications for the treatment of substance abuse; 3) MAT
must be permitted to be continued for as long as the prescriber determines that the FDA -approved
medication is clinically beneficial; 4) while under no circumstances can a BJA-funded drug court
program deny access to MAT under the care and prescription of a physician when it is clinically
indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or
diversion of these medications; and 5) federal funds shall not be used to support activities that
violate the Controlled Substances Act, 21 U.S.C. 801-904.
SUBRECIPIENT shall adhere to all regulations and requirements of the Agreement between
Collier County and Bureau of Justice Assistance, incorporated herein as Exhibit E.
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16.D.10.b
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed schedule for the implementation of the project.
B. The following resolutions and policies must be submitted to CHS within sixty (60) days of
this Agreement:
® Affirmative Action/ Equal Opportunity Policy
® Business Associate Agreement
® Conflict of Interest Policy
® Procurement Policy
® Sexual Harassment Policy
® Section 504/ADA Policy
® Fraud, Waste, and Abuse Policy
® Language Assistance and Planning Policy (LAP)
® Equal Access for Transgender Persons Policy (LGBTQ Policy)
® Personally Identifiable Information (PII) Policy
® No Texting while Driving Policy
C. Environmental Review Requirement (ERR) — N/A
D. Annual Subrecipient Training —SUBRECIPIENT staff assigned to the administration and
implementation of the Project established by this Agreement shall attend the CHS-
sponsored Annual Subrecipient Training related to the use of Neighborly software for
uploading required documentation and pay requests.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
Federal Amount
Personnel
$493,973.00
Training & Travel
$16,368.00
Supplies & Incidentals
$331,159.00
Contracted Personnel
$58,500.00
Total Federal Funds:
$900,000.00
Match Funds 25%
$300,000.000
SUBRECIPIENT shall provide Match funds monthly throughout the grant term. The match amount
submitted is not required to be commensurate or proportionate to the amount of the pay request.
The SUBRECIPIENT will accomplish the following checked project tasks:
® Maintain and provide beneficiary documentation to the COUNTY, as requested.
® Provide Quarterly Progress Reports.
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Adult Drug Court Enhancement
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® Ensure attendance by a representative from executive management at quarterly partnership
meetings, as requested by CHS.
® Identify Lead Point of Contact/Manager for the project.
® Ensure project sites are Section 504/ADA accessible.
B. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
Section 1.1
Agreement
Agreement execution
Insurance
Insurance Certificate
Within 30 days of Agreement
Exhibit A
execution and annually within
thirty 30 days of renewal
Detailed project implementation
Project Schedule
Within sixty (60) days of
schedule
A reement execution
Submission of Progress Report
Exhibit C
Quarterly reports by the 15th day
following the end of the quarter
Annual Audit Monitoring Report
Exhibit D
Annually, within 60 days after
FY end
Financial and Compliance Audit
Audit, Management Letter, and
Annually, nine (9) months for
Supporting Documentation
Single Audit OR one hundred
eighty 180 days after FY end
Business Associate Agreement
Business Associate Agreement
Within 60 days of Agreement
execution
Program Income
Program Income — Planned use
Quarterly — by the 20th day
of program generated income
following the end of the quarter
Drug Court Policies and
Policy and Procedure Manual
Within 60 days of Agreement
Procedures Manual
execution and updates per
occurrence
Employee Attestation of Texting
Signed Texting and Driving
Within 60 days of Agreement
and Driving Policy
Policy
execution (staff driving while
performing work during use of
funds provided by this rant
C. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: Personnel
Submission of supporting documents must
Monthly by the 30th of
be provided as backup, as evidenced by
the month following
timesheet, payroll register or check stubs,
the month of service
bank statements or credit card statements,
and any other additional documentation,
as requested. Exhibit B
Project Component 2: Travel
Submission of supporting documents must
Monthly by the 30th of
and Training
be provided as backup, as evidenced by
the month following
training agenda, invoice for auto, hotels,
the month of service
and airlines per County guidelines which
include obtaining three quotes prior to
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making reservations, check stubs, bank
statements, credit card statements, and any
other additional documentation, as
requested. Please see section 4.9 regarding
conference related travel. Exhibit B
Travel expenses are required to comply
with GSA per diem rates.
Project Component 3:
Submission of supporting documents must
Monthly by the 30th of
Incidentals and Supplies
be provided as backup, as evidenced by
the month following
invoices/receipts, check stubs, bank
the month of service
statements, credit card statements, and any
other additional documentation, as
requested. Exhibit B
Project Component 4:
Submission of supporting documents must
Monthly by the 30th of
Contracted Personnel
be provided as backup, as evidenced by
the month following
invoices, check stubs or bank statements,
the month of service
credit card statements, and any other
additional documentation, as requested.
Exhibit B
Match
David Lawrence Center is responsible for
Monthly by the 30th of
25% of the total award amount from DOJ
the following month
($900,000.00). The formula for
of service, submitted
calculating total match in this agreement is
with pay request.
$900,000.00/.75=$1,200,000.00
Match required even
x.25=$300,000.00.
if a zero dollar pay
Total match required per year is
request is submitted
$75,000.00.
on Exhibit B.
Match is required monthly even if there is
a zero dollar pay request submitted for
Exhibit B. It is recommended that the
SUBRECIPIENT submit a minimum of
$6,250.00 monthly to reach the annual
match requirement of $75,000.00.
1.3 PERIOD OF PERFORMANCE
Services of the SUBRECIPIENT shall start on October 1, 2023, and end on September 30, 2027.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement, in accordance with DOJ/BJA approval. Extensions must be
authorized, in writing, by formal letter to the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available NINE HUNDRED THOUSAND DOLLARS AND ZERO
CENTS ($900,000.00) for use by the SUBRECIPIENT during the term of the Agreement
(hereinafter, referred to as the "Funds"). SUBRECIPIENT is permitted to submit for expenses
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incurred from October 1, 2023, forward. The SUBRECIPIENT shall also submit match funds, in
the amount of THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($300,000.00).
The SUBRECIPIENT agrees that no funds under this grant award (including via subcontract or
subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes
unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS.
Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted
Fund shifts among line items may be approved administratively by CHS for up to 10 percent (10%)
of the total funding agreement and shall not signify a change in scope. Fund shifts that exceed 10
percent (10%) shall require formal Grant Award Modification (GAM) by DOJ, and approval by
the Board of County Commissioners (Board).
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
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completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of DOJ/BJA funds until funds are needed for
eligible costs, and all disbursement requests must be limited to the amount needed at the time of
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the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
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incurred during the term of this Agreement. Invoices for work performed are required every month.
If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to
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send the required backup, a $0 invoice will be required. Explanations will be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT
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when requested as work progresses, but not more frequently than once per month. Reimbursement
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will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
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Agreement.
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Final invoices are due no later than 90 days after the end of the Agreement. Work performed during
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the term of the program but not invoiced within 90 days after the end of the Agreement may not be
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processed without written authorization from the Grant Coordinator.
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No payment will be made until approved by CHS for grant compliance and adherence to all
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applicable Local, State, or Federal requirements. Payment will be made upon receipt of a properly
completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the
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"Local Government Prompt Payment Act."
In accepting grant funding from the COUNTY, SUBRECIPIENT agrees that these funds cannot
and must not be utilized for expenditures already covered by other funding resources received.
SUBRECIPIENT may not request reimbursement for expenses under agreement 2023-GG-04295
that have been previously submitted under agreement 2020-DC-BX-0 13 8 or 2017-DC-BX-0053 or
any prior agreement. This would be considered a duplication of benefits, which is prohibited by
law. If a duplication of benefits occurs, COUNTY reserves the right to recoup those funds.
If the SUBRECIPIENT currently has other active awards of federal funds, or if the
SUBRECIPIENT receives any other award of federal funds during the period of performance
for this award, the SUBRECIPIENT promptly must determine whether funds from any of those
other federal awards have been, are being, or are to be used (in whole or in part) for one or more
[24-SOC-01148/1845572/1]
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of the identical cost items for which funds are provided under this award. If so, the
SUBRECIPIENT must promptly notify the DOJ awarding agency (OJP or OVW, as
appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding
agency, must seek a budget -modification or change -of -project -scope Grant Award
Modification (GAM) to eliminate any inappropriate duplication of funding.
1.5 COST PRINCIPLES
Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200.93 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to
the project referenced above, as defined in 2 CFR 200.413. SUBRECIPIENT must provide
adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors
and vendors are conditioned upon compliance with the procurement requirements provided for in
2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT shall follow 2 CFR
Subpart E-Cost Principles.
The SUBRECIPIENT shall pay all sales, consumer, use, and other similar taxes associated with
the work or portions thereof, which are applicable, during the performance of the work.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator
Collier County Government
Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Carolyn.Noble@colliercountyfl.gov
Telephone: (239) 450-5186
SUBRECIPIENT ATTENTION: Scott Burgess, President, and CEO
David Lawrence Mental Health Center, Inc.
6075 Bathey Lane
Naples, Florida 34116
Email: scottb@dlcenters.org
Telephone: (239) 354-1425
Remainder of Page Intentionally Left Blank
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
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DOJBJA-23-01
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PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end.
In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management
Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
At any time during normal business hours and as often as the COUNTY (and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available for review, inspection, or audit all
records, documentation, and any other data relating to all matters covered by the Agreement.
The SUBRECIPIENT must fully clear all deficiencies noted in the audit report within 30 days of
receipt of the report. Failure to comply with the above audit requirements will constitute a violation
of this Agreement and may result in withholding of future payments. The SUBRECIPIENT hereby
agrees to have an annual agency audit conducted in accordance with current COUNTY policy
concerning Subrecipient audits and 2 CFR 200.501.
The determination of Federal award amounts expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with DOJBJA requirements
to determine compliance with the requirements of this Agreement, the DOJ/BJA Drug Court
Enhancement Program, and all other applicable laws and regulations. This documentation shall
include, but is not limited to:
A. All records required by DOJ/BJA regulations.
B. The SUBRECIPIENT must collect and maintain data that measure the performance and
effectiveness of work under this award. The data must be provided to OJP in the manner
(including within the timeframes) specified by OJP in the program solicitation or other
applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and
other applicable laws.
C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
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would be required by COUNTY to perform the service.
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D. The SUBRECIPIENT shall make available at any time upon request by the COUNTY or
CHS, all reports, plans, surveys, information, documents, maps, books, records, and other
data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT
for this Agreement. Materials identified in the previous sentence shall be in accordance
with generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These
records shall be maintained to the extent of such detail as will properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other costs and
expenses of whatever nature for which reimbursement is claimed under the provisions of
this Agreement.
E. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion in a
readily accessible, permanent, and secured location for three (3) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.334; However, if any litigation, claim, or audit that is started before the expiration date
of the three (3) year period, the records will be maintained until all litigation, claim, or
audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist
after closeout of this Agreement, it shall notify the COUNTY in writing, of the address
where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall
meet all requirements for retaining public records and transfer at no cost to COUNTY, all
public records in SUBRECIPIENT's possession upon termination of the Agreement and
destroy any duplicate exempt or confidential public records that are released from public
records disclosure requirements. All records stored electronically must be provided to the
COUNTY in a format that is compatible with the COUNTY's information technology
systems.
F. The SUBRECIPIENT shall maintain records showing compliance with federal purchasing
requirements and other federal requirements for grant implementation.
G. SUBRECIPIENT will be responsible for the creation and maintenance of client eligibility
files and documentation that persons served were eligible under the DOJBJA
requirements. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
H. SUBRECIPIENT shall document how compliance with the eligibility requirement(s) under
which funding was accomplished. This includes DOJ/BJA special considerations and
reporting requirements.
I. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
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SUBRECIPIENT shall ensure that exempt or confidential public records that are released
from public records disclosure requirements are not disclosed except as authorized by
2 CFR 200.337 and 2 CFR 200.338.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679,
Michael.Brownlee(&colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112.
2.3 MONITORING
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring '-
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on -site visit. The continuation of this
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Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT
shall submit information and status reports required by CHS or DOJBJA to enable CHS to evaluate
,
said progress and allow for completion of required reports. The SUBRECIPIENT shall allow CHS
or DOJ/BJA to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or DOJ/BJA.
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COUNTY will monitor SUBRECIPIENT's performance in an attempt to mitigate fraud, waste,
abuse, or non-performance, based on goals and performance standards as stated, with all other
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applicable laws, regulations, and policies governing the funds provided under this Agreement
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further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute
noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT
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within a reasonable time period after being notified by CHS, Agreement suspension or termination
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procedures will be initiated. SUBRECIPIENT agrees to provide DOJBJA, the DOJ Office of
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Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal
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auditor(s) access to all records related to performance of activities in this Agreement.
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2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and to provide for proper and effective management of all Program and Fiscal activities
of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other
significant events are to be clearly documented readily available for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents
for monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully
cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse.
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SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation to COUNTY, or any appropriate
law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in CHS issuing Findings or Concerns to
SUBRECIPIENT, which will require a corrective action plan to be submitted to
CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner,
CHS may require a portion of the awarded grant amount be returned to the
COUNTY.
• CHS may require upwards of 5 percent (5%) of the award amount to be
returned to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT may be considered in violation of Resolution No. 2013-228
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS of their substantial noncompliance by
certified mail; CHS may require a portion of the awarded grant amount or the
amount of the DOJ/BJA investment for acquisition of the properties conveyed, be
returned to CHS.
• The COUNTY may require upwards of 10 percent (10%) of the award amount
be returned to CHS, at the discretion of the Board.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228
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4. If after repeated notification, the SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend termination of the Agreement or award.
CHS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all funds disbursed by
CHS for the project that was terminated. This includes the amount invested by
the COUNTY for the initial acquisition of the properties or other activities.
0 SUBRECIPIENT will be considered in violation of Resolution No. 2013-228
If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above
sanctions may be imposed across all awards at the Board's discretion.
2.6 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports and on
resolution of monitoring findings required by this Agreement, as deemed necessary by the County
Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 20t' day of January, April, July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed -upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee in the event of Program changes; the need for additional information or
documentation arises; and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
SUBRECIPIENT may subcontract with Florida Gulf Coast University (FGCU). No other parties
may be assigned or subcontracted without the written consent of the COUNTY, which consent, if
given at all, shall be at the COUNTY's sole discretion and judgement.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with all DOJ, BJA, Drug Court Program requirements, and
Drug Court Program Application provisions. The SUBRECIPIENT also agrees to comply with all
other applicable laws, regulations, and policies governing the funds provided under this Agreement.
The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement,
rather than supplant, funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an "independent contractor" with respect to the services to be performed under
this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance, as SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the Board. Such amendments
shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from
its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding, scope of services, or schedule of activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from DOJ/BJA grant funds and must be
implemented in full compliance with all DOJBJA rules and regulations and any agreement
between COUNTY and DOJBJA governing Drug Court Program funds pertaining to this
Agreement. In the event of curtailment or non -production of said Federal funds, or the reduction of
funds awarded by DOJBJA to the COUNTY, to a level determined by the County Manager to be
insufficient to adequately administer the project, the financial resources necessary to continue to
pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the
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COUNTY may terminate this Agreement, which shall be effective as of the date it is determined
by the County Manager or designee, in his -her sole discretion and judgment, that the funds are no
longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to,
nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or
County Administration, personally liable for the performance of this Agreement, and the COUNTY
shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action, which may arise out of an act or omission, including
but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge, or reduce any other rights or remedies that otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith, defend all suits in the name of the COUNTY,
and pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of Collier County. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
Section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this
Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the Program sponsorships, research reports, and similar public notices, whether
printed or digitally prepared, released by SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. BUREAU OF JUSTICE ASSISTANCE
(BJA) GRANT NUMBER 15PBJA-23-GG-04295-DGCT AND COLLIER
COUNTY COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team and Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY
codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the
COUNTY reserve the right to royalty -free, non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use; and authorize others to use the work or materials for governmental
purposes.
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3.8 DEFAULTS, REMEDIES, AND TERMINATION
This Agreement may also be terminated for convenience by either the COUNTY or the
SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective
date, and in the case of partial terminations, the portion to be terminated. However, in the case of a
partial termination, if the COUNTY determines that the remaining portion of the award will not
accomplish the purpose for which the award was made, the COUNTY may terminate the award in
its entirety. This Agreement may also be terminated by the COUNTY if the award no longer
effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
A. SUBRECIPIENT's failure to comply with any of the rules, regulations, or provisions
referred to herein, or such statutes, regulations, executive orders, and/or DOJBJA
guidelines, policies, or directives as may become applicable at any time;
B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement
in a timely and proper manner;
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C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement;
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D. SUBRECIPIENT's submission of reports, to the COUNTY, that are incorrect or in
incomplete in any material respect.
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F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement;
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In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any 2
combination of one or more of the following remedies: w
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A. Require specific performance of the Agreement, in whole or in part;
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B. Require the use of, or change in, professional property management;
C. Require SUBRECIPIENT to immediately repay to the COUNTY all grant funds that
SUBRECIPIENT has received under this Agreement;
D. Apply sanctions, if determined by the COUNTY to be applicable;
E. Stop all payments, until identified deficiencies are corrected;
F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If COUNTY terminates the Agreement, as provided
herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete
project activities undertaken under this Agreement.
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3.9 REVERSION OF ASSETS
In the event of a termination of this Agreement, and in addition to all other remedies available to
the COUNTY (whether under this agreement or at law or in equity), the SUBRECIPIENT shall
immediately transfer to the COUNTY any property on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of DOJ/BJA funds.
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary.
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all insurance required, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously, during SUBRECIPIENT's performance under the
Agreement.
3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and Scope of Work, the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq), and Federal regulations for the Department
of Justice, Bureau of Justice Assistance, and Collier County Adult Drug Court Enhancement Grant
provisions.
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.317 through
200.327) and Collier County's purchasing thresholds.
Range:
Competition Required
$0 - $50,000
3 Written Quotes
$50,001 +
Formal Solicitation ITB, RFP, etc.
SUBRECIPIENT must comply with the requirements of the Build America, Buy America (BABA)
Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to
SUBRECIPIENTS'S infrastructure project. Pursuant to HUD's Notice "Public Interest Phased
Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as
Applied to Recipients of HUD Federal Financial Assistance" (88FR 17001), any funds obligated
by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless
excepted by a waiver.
In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323.
All improvements specified in Part I, Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and
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Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and
qualified bidder. Contract administration shall be managed by the SUBRECIPIENT and monitored
by CHS, which shall have access to all records and documents related to the project.
3.13 PROGRAM GENERATED INCOME
Program Income is anticipated. Program Income derived from the use of DOJ/BJA funds disbursed
under this Agreement shall be retained by SUBRECIPIENT for use in the Drug Court Enhancement
Program. Any Program Income (as such term is defined under applicable Federal regulations)
gained from any SUBRECIPIENT activity funded by DOJBJA funds, shall be reported to the
COUNTY, and utilized by SUBRECIPIENT, in compliance with 2 CFR 200.307, in the operation
of the Program. If there is a Program Income balance at the end of the Program Year, such balance
shall revert to the COUNTY.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY 90 days after the
expiration of the Agreement. Activities during this closeout period shall include but are not limited
to, making final payments, disposing of program assets (including the return of all unused materials,
equipment, program income balances, and receivable accounts to the COUNTY), and determining
the custodianship of records. In addition to the records retention outlined in Part 2.2,
SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records
maintenance, preservation, and retention. A conflict between State and Federal records retention
law requirements will result in the more stringent law being applied, such that the record must be
held for the longer duration. Any balance of unobligated funds that have been advanced or paid
must be returned to the COUNTY. Any funds paid exceeding the amount to which the
SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to
the COUNTY. SUBRECIPIENT shall also produce records and information that comply with
Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with
2 CFR 200.344.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of or be subjected
to discrimination under any activity carried out by the performance of this Agreement based on
race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence
of such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower -income residents of the project area shall be given
opportunities for training and employment. In addition, eligible business concerns located or owned
in substantial part by persons residing in the project areas shall be awarded contracts in connection
with the project, to the greatest extent feasible. The SUBRECIPIENT shall comply with Section 3
of the Housing and Community Development Act of 1968.
►A M O II_\►1171% I I[I] 7_1_1kVili"[1305 111\[I���%
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses minority business and
women's business enterprises the maximum practicable opportunity to participate in the
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performance of this Agreement. As used in this Agreement, the term "small business" means a
business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15
U.S.C. 632); and "minority and women's business enterprise" means a business at least 51 percent
(51 %) owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed
or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT
may rely on written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
3.17 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program,
pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. SUBRECIPIENT shall submit a plan for an
Affirmative Action Program for approval prior to the disbursement of funds.
3.18 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement. In addition, it will not employ or subcontract
any person having any conflict of interest. SUBRECIPIENT covenants that it will comply with all
Federal "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations,
ordinances, or resolutions governing conflicts of interest.
SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed in writing to CHS, provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.19 INCIDENT REPORTING
If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled person to the COUNTY.
During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing,
within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The
Collier County Standard Subrecipient Incident Report Form shall be used to report all such
incidents.
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3.20 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
3.21 BUSINESS ASSOCIATE AGREEMENT (BAA)
A "Business Associate" is a person, or entity, other than a member of the workforce of a
covered entity, who performs functions or activities on behalf of, or provides certain
services to, a covered entity that involves access to protected health information. A
"Business Associate" is also a subcontractor that creates, receives, maintains, or transmits
protected health information on behalf of another Business Associate.
HIPAA rules require that the COUNTY and SUBRECIPIENT must enter into an
agreement to ensure that protected health information is appropriately safeguarded. The
SUBRECIPIENT must also enter into Business Associate Agreements (BAA) with its
subcontractors. The BAA serves to clarify and limit, as appropriate, the permissible uses
and disclosures of the protected health information. The COUNTY and SUBRECIPIENT
may use or disclose protected health information only as permitted or required by the BAA
or as required by law. The COUNTY and SUBRECIPIENT are directly liable under
HIPAA rules and subject to civil, and in some cases, criminal penalties for making uses
and disclosures of protected health information that are not authorized by the BAA or
required by law, or for failing to safeguard electronic protected health information in
accordance with the HIPAA Security Rule.
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PART IV
SPECIAL CONDITIONS
4.1 Requirements of the award; remedies for noncompliance or materially false statements.
The conditions of this Agreement are material requirements of the award. Compliance with any
assurances or certifications submitted by or on behalf of the SUBRECIPIENT that relate to conduct
during the period of performance is also a material requirement of this award.
Failure to comply with one or more of these award requirements, whether set out in full or by
reference below, may result in the Office of Justice Programs (OJP) or the COUNTY taking
appropriate action with respect to the SUBRECIPIENT and the award. Among other things, the
OJP or COUNTY may disallow costs or suspend or terminate the award.
Any materially false, fictitious, or fraudulent statement to the Federal government related to this
award, or concealment or omission of a material fact, may be subject to criminal prosecution (18
U.S.C. 1001 and/or 1621, and/or 42 U.S.C. 3795a) and may lead to imposition of civil penalties
and administrative remedies for false claims or otherwise (31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its
terms, that provision shall first be applied with a limited construction to give it the maximum effect
permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable,
such provision shall be deemed severable from this award.
4.2 Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.
Part 200, as adopted and supplemented by DOJ in 2 CFR Part 2800 (together, the "Part 200 Uniform
Requirements") apply to this award from OJP.
For more information and resources on Part 200 Uniform Requirements as they relate to OJP
awards and subawards ("subgrants"), see the OJP website at:
htt2s:Hojp.gov/ftmding/Part2OOUnifonnRequirements.htm.
Record retention and access: Records pertinent to the award that the SUBRECIPIENT must retain
-- typically for a period of three (3) years from the date of submission of the final expenditure report
(SF 425), unless a different retention period applies -- and to which the SUBRECIPIENT must
provide access, include performance measurement information, in addition to the financial records,
supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
4.3 Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted
on the OJP website (currently, the "DOJ Grants Financial Guide" available at
https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted
during the period of performance. The recipient agrees to comply with the DOJ Grants Financial
Guide.
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4.4 Employment eligibility verification for hiring under the award
1. The SUBRECIPIENT must:
A. Ensure that, as part of the hiring process for any position within the United States that is or
will be funded (in whole or in part) with award funds, the recipient (or any subrecipient)
properly verifies the employment eligibility of the individual who is being hired, consistent
with the provisions of 8 U.S.C. 1324a(a)(1) and (2).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be
involved in activities under this award of both
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking,
make it unlawful, in the United States, to hire (or recruit for employment) certain
aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be
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notified of the award requirement for employment eligibility verification and of the
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associated provisions of 8 U.S.C. 1324a(a)(1) and (2).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform
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compliance with this award condition in accordance with Form I-9 record retention
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SUBRECIPIENT compliance with this condition will be monitored by CHS.
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3. Allowable costs
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may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed
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to ensure compliance with this condition.
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4. Rules of construction
E. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this
award" specifically includes (without limitation) any and all SUBRECIPIENT officials or
other staff who are or will be involved in the hiring process with respect to a position that
is or will be funded (in whole or in part) with award funds.
F. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of
employment eligibility, the SUBRECIPIENT shall participate in, and use, E-Verify
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(www.e-verify.gov), provided an appropriate person authorized to act on behalf of the
recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures,
including in the event of a "Tentative Non -confirmation" or a "Final Non -confirmation")
to confirm employment eligibility for each hiring for a position in the United States that is
or will be funded (in whole or in part) with award funds.
G. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the
Virgin Islands of the United States, and the Commonwealth of the Northern Mariana
Islands.
H. Nothing in this condition shall be understood to authorize or require SUBRECIPIENT, or
any person or other entity, to violate any federal law, including any applicable civil rights
or nondiscrimination law.
I. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve
SUBRECIPIENT, or any person or other entity, of any obligation otherwise imposed by
law, including 8 U.S.C. 1324a(a)(1) and (2).
Questions about E-Verify should be directed to DHS. For more information about E-
Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-
Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-
VerifyEmployerAgent(&dhs. gov.
4.5 Requirement to report actual or imminent breach of personally identifiable information (PII)
The SUBRECIPIENT must have written procedures in place to respond in the event of an actual
or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses,
processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable
information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or
(2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach
procedures must include a requirement to report actual or imminent breach of PII to an OJP
Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection
of an imminent breach.
4.6 Unreasonable restrictions on competition under the award; association with federal
government
No discrimination, in procurement transactions, against associates of the federal government.
Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R.
200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that
Federal funding is expended and associated programs are implemented in full accordance with U.S.
statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement
transactions [to] be conducted in a manner providing full and open competition" and forbidding
practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in
order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement
process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction)
discriminate against any person or entity on the basis of such person or entity's status as an
"associate of the federal government" (or on the basis of such person or entity's status as a parent,
affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or
as specifically authorized by USDOJ.
[24-SOC-01148/1845572/1]
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DOJBJA-23-01
2023-GG-04295-DGCT
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4.7 Requirement pertaining to prohibited conduct related to trafficking in persons
The SUBRECIPIENT must comply with all applicable requirements, including requirements to
report allegations pertaining to prohibited conduct related to the trafficking of persons, whether on
the part of recipients, Subrecipients, or individuals defined, for purposes of this condition, as
"employees" of the SUBRECIPIENT.
Details of the SUBRECIPIENT's obligations associated with prohibited conduct related to
trafficking in persons are posted on the OJP web site at:
https://ojp.gov/f mdin�/Explore/ProhibitedConduct-Trafficking htm
Award condition: Prohibited conduct by recipients and Subrecipients related to trafficking in
persons, including reporting requirements and OJP authority to terminate the award, are
incorporated by reference here.
4.8 Determination of suitability to interact with participating minors
The SUBRECIPIENT must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's
employment status.
The details of this requirement are posted on the OJP web site at
https:Hojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of
suitability required, in advance, for certain individuals who may interact with participating minors)
and are incorporated by reference here.
4.9 Compliance with applicable rules regarding approval, planning, and reporting of conferences
and meetings, trainings, and other events
The SUBRECIPIENT must comply with all applicable laws, regulations, policies, and official DOJ
guidance, including specific cost limits, prior approval, and reporting requirements where
applicable, governing the use of federal funds for expenses related to hosting, facilitating, or
attending conferences, as that term is defined by DOJ, including the provision of food and/or
beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award
appear in the DOJ Grants Financial Guide, currently, at section 3.10 of "Post -award Requirements"
in the " DOJ Grants Financial Guide".
4.10 Performance and Effectiveness Data Requirement
The SUBRECIPIENT must collect and maintain data that measure the performance and
effectiveness of work under this award. The data must be provided to CHS in the manner, including
within the timeframes, specified by CHS and OJP in the program solicitation or other applicable
written guidance. Data collection supports compliance with the Government Performance and
Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
[24-SOC-01148/1845572/1]
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Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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4.11 OJP Training Guiding Principles
Any training or training materials that the SUBRECIPIENT develops or delivers with OJP award
funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available
at
https:Hojp gov/fundin./g Implement/Trainin P�plesForGrantees-Subarantees.htm.
4.12 Effect of failure to address audit issues
The SUBRECIPIENT understands and agrees that the DOJ awarding agency or COUNTY may
withhold award funds, or may impose other related requirements, if the SUBRECIPIENT does not
satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements, as determined by the DOJ awarding agency or CHS; by the terms of this award; or
other outstanding issues that arise in connection with audits, investigations, or reviews of Federal
awards.
4.13 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 CFR
Part 42
The SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 42,
specifically including any applicable requirements in Subpart E of 28 CFR Part 42 that relate to an
equal employment opportunity program.
4.14 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 CFR
Part 54
The SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 54, which
relates to nondiscrimination based on sex in certain "education programs."
4.15 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 CFR
Part 38
The SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 38,
specifically including any applicable requirements regarding written notice to program
beneficiaries and prospective program beneficiaries.
Among other things, 28 CFR Part 38 includes rules that prohibit specific forms of discrimination
based on religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or
participate in a religious practice. Part 38 also sets out rules and requirements that pertain to
recipient and Subrecipient organizations that engage in or conduct explicitly religious activities, as
well as rules and requirements that pertain to Subrecipients that are faith -based or religious
organizations.
The text of the regulation, entitled "Partnerships with Faith -Based and Other Neighborhood
Organizations," is available on the internet by browsing to Title 28-Judicial Administration,
Chapter 1, Part 38, under e- CFR "current" data.
[24-SOC-01148/1845572/1]
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DOJBJA-23-01
2023-GG-04295-DGCT
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4.16 Restrictions on lobbying
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the
SUBRECIPIENT, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18
U.S.C. 1913. There may be exceptions, if an applicable federal statute specifically authorizes
certain activities that otherwise would be barred by law.
Another federal law generally prohibits federal funds awarded by OJP from being used by the
SUBRECIPIENT to pay any person to influence, or attempt to influence, a federal agency, a
Member of Congress, or Congress, or an official or employee of any of them, with respect to the
awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or
with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C.
1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and
tribal organizations.
Should any question arise as to whether a use of federal funds by a Subrecipient would, or might
fall within the scope of these prohibitions, CHS will contact OJP for guidance. The
SUBRECIPIENT may not proceed without the express prior written approval of CHS and OJP.
4.17 Compliance with general appropriations -law restrictions on the use of federal funds (FY
2020)
The SUBRECIPIENT must comply with all applicable restrictions on the use of federal funds set
out in federal appropriations statutes. Pertinent restrictions, including from various "general
provisions" in the Consolidated Appropriations Act, 2017, are set out at:
https:Hojp.gov/funding/Explore/FY17AppropriationsRestrictions.htm, and are incorporated here
by reference.
Should any question arise as to whether a use of federal funds by a Subrecipient would, or might
fall within the scope of these prohibitions, CHS will contact OJP for guidance. The
SUBRECIPIENT may not proceed without the express prior written approval from CHS and OJP.
4.18 Reporting potential fraud, waste, and abuse, and similar misconduct
The SUBRECIPIENT must promptly refer to CHS and the DOJ Office of the Inspector General
(OIG) any credible evidence that a principal, employee, agent, SUBRECIPIENT, contractor,
subcontractor, or other person has, in connection with funds under this award: (1) submitted a claim
that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining
to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should
be reported to the OIG by: (1) mail directed to Office of the Inspector General, U.S. Department of
Justice, Investigations Division, 950 Pennsylvania Avenue N.W., Room 4706, Washington, DC
20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3) the DOJ OIG hotline: Contact information
in English and Spanish at (800) 869-4499 (phone) or (202) 616-9881 (fax).
https://www.ojp.gov/sites/ /files/xyckuh241/files/media/document/ojp tfsc guide sheet preventingfraud
waste _waste_abuse _and mismanagement _112421_508.pdf
[24-SOC-01148/1845572/1]
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Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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4.19 Restrictions and certifications regarding non -disclosure agreements and related matters
Neither SUBRECIPIENT nor entity that receives a procurement contract or subcontract with any
funds under this award may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, the reporting, in accordance with law,
of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency.
4.20 Compliance with 41 U.S.C. 4712, including prohibitions on reprisal; notice to employees
The SUBRECIPIENT must comply with, and is subject to, all applicable provisions of 41U.S.C.
4712, including all applicable provisions that prohibit, under specified circumstances,
discrimination against an employee as reprisal for the employee's disclosure of information related
to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority
relating to a federal grant, a substantial and specific danger to public health or safety, or a violation
of law, rule, or regulation related to a federal grant.
The SUBRECIPIENT also must inform its employees, in writing, and in the predominant native
language of the workforce, of employee rights and remedies under 41 U.S.C. 4712. Should a
question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the
COUNTY will contact OJP for guidance.
4.21 Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages SUBRECIPIENTs to adopt and
enforce policies banning employees from text messaging while driving any vehicle, during the
course of performing work funded by this award, and to establish workplace safety policies and
conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
4.22 Approval of curricula, training materials, proposed publications, reports, or any other
written materials
The SUBRECIPIENT agrees to submit to Bureau of Justice Assistance (BJA) for review and
approval any curricula, training materials, proposed publications, reports, or any other written
materials that will be published, including web -based materials and web site content, through funds
from this grant at least thirty (30) working days prior to the targeted dissemination date. Any
written, visual, or audio publications, except for press releases, whether published at the grantee's
or government's expense, shall contain the following statements: "This project was supported by
Grant No. 15PBJA-23-GG-04295-DGCT awarded by the Bureau of Justice Assistance. The Bureau
of Justice Assistance is a component of the Department of Justice's Office of Justice Programs,
which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of
Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART
Office. Points of view or opinions in this document are those of the author and do not necessarily
represent the official position or policies of the U.S. Department of Justice." The current edition of
the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.
[24-SOC-01148/1845572/1]
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4.23 Compliance with CHS and OJP grant monitoring guidelines, protocols, and procedures
The SUBRECIPIENT agrees to comply with CHS and OJP grant monitoring guidelines, protocols,
and procedures, and to cooperate with CHS and OJP on all grant monitoring requests, including
requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The
SUBRECIPIENT agrees to provide to CHS and OJP all documentation necessary to complete
monitoring tasks, including documentation related to any subawards made under this award.
Further, the SUBRECIPIENT agrees to abide by reasonable deadlines set by CHS and OJP for
providing the requested documents. Failure to cooperate with CHS and OJP's grant monitoring
activities may result in sanctions affecting the SUBRECIPIENT's DOJ awards, including, but not
limited to: withholdings and/or other restrictions on the SUBRECIPIENT's access to grant funds;
referral to the Office of the Inspector General for audit review; designation of the SUBRECIPIENT
as a CHS and DOJ High Risk grantee; or termination of an award(s).
4.24 Cooperation with any assessments, national evaluation efforts, and/or data collection
The SUBRECIPIENT agrees to cooperate with any assessments, national evaluation efforts, or
information or data collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any activities within this project.
4.25 Justification of Consultant Rate
Approval of this award does not indicate approval of any consultant rate more than $650 per day.
A detailed justification must be submitted to CHS and approved by the Office of Justice Programs
(OJP) program office prior to obligation or expenditure of such funds.
4.26 Prohibition on the use of grant funds for inherently religious activities
The SUBRECIPIENT agrees that assistance funds awarded under this grant will not be used to
support any inherently religious activities, such as worship, religious instruction, or proselytization.
If the SUBRECIPIENT refers participants to, or provides, a non -Federally funded program or
service that incorporates such religious activities, (1) any such activities must be voluntary for
program participants, and (2) program participants may not be excluded from participation in a
program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If
participation in a non- Federally funded program or service that incorporates inherently religious
activities is deemed a critical treatment or support service for program participants, the grantee
agrees to identify and refer participants who object to the inherently religious activities of such
program or service to, or provide, a comparable secular alternative program or service.
4.27 Drug Court Key Components
All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts,
which are found in BJA's and National Association of Drug Court Professional's (NADCP)
publication: Defining Drug Courts: The Key Components at
htt2s://www.ncjrs.govL/pdffilesl/bia/205621.pd
During the grant period of performance, if BJA concludes that a funded drug court is not
conforming to the 10 key components, it retains the right to place the award recipient on a corrective
action plan to bring the drug court into conformance. Continued failure to maintain conformance
to the key components may result in a hold placed on award funds or suspension/termination of the
grant award agreement
[24-SOC-01148/1845572/1]
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Adult Drug Court Enhancement
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4.28 Prohibition on the use of grant funds to provide services to "violent offenders"
The recipient understands and agrees that no award or matching funds may be used to provide
services for violent offenders as defined in 42 U.S.C. 3797u-2, a "violent offender" means a person
who: (1) is charged with or convicted of an offense that is punishable by a term of imprisonment
exceeding one year, during the course of which offense or conduct (A) the person carried,
possessed, or used a firearm or dangerous weapon; (B) there occurred the death of or serious bodily
injury to any person; or (C) there occurred the use of force against the person of another, without
regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of
the offense or conduct of which or for which the person is charged or convicted; or (2) has 1 or
more prior convictions for a felony crime of violence involving the use or attempted use of force
against a person with the intent to cause death or serious bodily harm.
4.29 Treatment Services to Address Opioid Abuse Reduction
The SUBRECIPIENT understands and agrees that, to the extent that substance abuse treatment and
related services are funded by this award, they will include required treatment and services to
address opioid abuse reduction.
4.30 Employee Compensation Cap
With respect to this award, federal funds may not be used to pay cash compensation (salary plus
bonuses) to any employee of the award recipient at a rate that exceeds 110 percent (110%) of the
maximum annual salary payable to a member of the federal government's Senior Executive Service
(SES) at an agency with a Certified SES Performance Appraisal System for that year.
SUBRECIPIENT may compensate an employee at a higher rate, provided the amount more than
this compensation limitation is paid with non-federal funds.
This limitation on compensation rates allowable under this award may be waived on an individual
basis at the discretion of the OJP official indicated in the program announcement under which this
award is made.
4.31 Drug Court Policies and Procedures Manual
The SUBRECIPIENT agrees to develop and maintain a Drug Court Policies and Procedures manual
for program operation. The Policies and Procedures manual must be submitted to CHS by the end
of the first year of the grant period to comply with this requirement.
4.32 Prohibition of Transfers of Specified Equipment by Law Enforcement Agencies
Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and
Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the
use of federal funds under this award for purchases or transfers of specified equipment by law
enforcement agencies. In addition, OJP requires the recipient, and any subrecipient ("subgrantee")
at any tier, to put in place specified controls prior to using federal funds under this award to
acquire or transfer any property identified on the "controlled equipment" list. The details of the
requirement are posted on the ON web site at https://www.ojp.gov/funding/explore/prohibited-
and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal
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Adult Drug Court Enhancement
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funds --prohibited and controlled equipment under OJP awards) and are incorporated by reference
here.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between COUNTY and
SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY
and SUBRECIPIENT with respect to this Agreement.
Signature Page to Follow
[24-SOC-01148/1845572/1]
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Adult Drug Court Enhancement
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2023-GG-04295-DGCT
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IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: AS TO COUNTY:
CRYSTAL K. KINZEL, CLERK
Dated:
, Deputy Clerk
(SEAL)
WITNESSESrun
Wi ness 41 re
K(M(AA
Witness #1 Printed Name
Witness 42 Signature
aUckM a4jjqa-(�
Witness #2 Printed Name
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
CHRIS HALL, CHAIRPERSON
Date:
AS TO SUBRECIPIENT:
DAVID LAWRENCE MENTAL HEALTH
CENTER, INC.
By: v'ti V
SCOT B RGE , P SIDENT, AND CEO
Date:
[Please provide evidence of signing authority]
\ D�
Derek D. Perry
Assistant County Attorney
Date:
[24-SOC-01148/1845 572/1 ]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services
Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
I . 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
co
connection with this Agreement, in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. N
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as c
follows:
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4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design o
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per °w
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT
and/or the design professional shall become legally obligated to pay as damages for claims
arising out of the services performed by the SUBRECIPIENT or any person employed by to
0
the SUBRECIPIENT in connection with this Agreement. This insurance shall be
maintained for a period of two (2) years after the certificate of Occupancy is issued.
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CONSTRUCTION PHASE (IF APPLICABLE) w
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause W
its Subcontractors to provide, original certificates indicating the following types of insurance Q
coverage prior to any construction: N
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less
than 100 percent (100%) of the insurable value of the building(s) or structure(s). The policy
shall be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area
identified by the Federal Emergency Management Agency (FEMA) as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained, as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
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2023-GG-04295-DGCT
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OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in
the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss
payee, with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for
the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee A.T.I.M.A.
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: DAVID LAWRENCE MENTAL HEALTH CENTER, INC.
SUBRECIPIENT Address: 6075 Bathey Lane, Naples, FL
Project Name: Drug Court
Project No: _ Payment Request #
Total Payment Minus Retainage
Period of Availability: _ through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient
CHS Approved
1. Grant Amount Awarded
$
$
2. Total Amount of Previous Requests
$
$
3. Amount of Today's Request (Net of Retainage, if
applicable)
$
$
4. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
$
$
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor (Approval required $15,000 and above)
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
Date
Authorizing Grant Accountant
Division Director (Approval Required $15,000
and above)
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EXHIBIT B-1
Match Form
Subrecipient Match Submittal
SECTION I: MATCH SUBMISSION
Subreci Tent Name:
Subreci ient Address:
Project Name:
Project No:
Match Submission#:
Match Amount Submitted Today: $0.00
SECTION I: STATUS OF FUNDS
1.
Total Match Amount Required per Agreement
$0.00
2.
Total Amount of Previous Match Submitted (Insert
Amount)
$0.00
3.
Total Match Amount Awarded Per Agreement Less
Total Amount of Previous Match Submitted
$0.00
4.
Amount of Today's Match Submission (Insert
Amount)
$0.00
5.
Match Balance (Match per Agreement less the Sum of
All Match Submitted)
$0.00
I certify that this match submittal has been made in accordance with the terms and conditions of the Agreement
between the COUNTY and us as SUBRECIPIENT/DEVELOPER. To the best of my knowledge and belief, all
rant requirements have been ollowed.
Signature
Title
Authorizing Grant Coordinator
Date
Authorizing Grant Accountant
Supervisor Division Director
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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EXHIBIT C
Bureau of Justice Assistance
Adult Drug Court Discretionary Grant Program
Quarterly Program Status Report
Reporting Period:
Subrecipient Name:
Preparer's Name and Title:
Date Prepared:
PROGRAM CHARACTERISTICS
1. What is the date that the drug court first enrolled a participant after this BJA program funding
was awarded?
MM/DD/YYYY:
2. What is the date that the drug court first enrolled aparticipant?
MM/DD/YYYY:
3. Does your drug court program clearly communicate a system of graduated sanctions
and incentives that are implemented fairly and with certainty in response to their
behavior?
Yes
No
4. Does your drug court program administer random and observed alcohol and substance
abuse testing?
Yes
No
5. Does your drug court program use evidence -based treatment services?
Yes
No
NUMBER OF SERVICES ADDED
6. Were your BJA program funds used to add inpatient treatment slots during the
Yes, number of inpatient slots:
No
7. Were your BJA program funds used to add outpatient treatment slots during the
-eporting period?
Yes, number of outpatient slots:
No
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Adult Drug Court Enhancement
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2023-GG-04295-DGCT
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8. Were your BJA program funds used to add staff who provide new case management
or offender supervision services during the re ortinperiod?
Yes, number of new staff providing
case management or offender
supervision services:
No
9. Were your BJA program funds used to provide substance abuse treatment services during
the reporting period? (For example, these services might include clinical assessment,
residential, outpatient group, outpatient individual, intensive outpatient, outpatient
detoxification, addiction receiving facility, substance abuse detoxification (residential), in -
home counseling, and aftercare)
Yes, number of NEW drug court
participants who received substance
abuse treatment services
No
10. Were your BJA program funds used to provide inpatient substance abuse treatment services
during this reporting period?
Yes, total number of days delivered for
inpatient services:
No
11. Were your BJA program funds used to provide recovery support services during the reporting
period? (For example, these services might include employment, housing, education, mental
health, health services such as medical and dental services, pro -social services such as anger
and stress management, faith -based services, family counseling, life skills training, mentoring,
and other services
Yes
No
If yes, please enter the total number of participants who received each of the following
recovery support service for the first time during the reporting period. (Please report only
during the first quarter in which the participant receives services and not in subsequent
reporting periods if services are received for more than one reportingperiod)
Employment Services
Housing Services
Education Services
Mental Health Services
Health Services
Pro -Social Services
Trauma Treatment
Veteran Services
Other Services (please explain)
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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12. What other services are these BJA funds supportiniz?
Offender Supervision/Case Mana ement
Equipment
Trainin
Evaluations
MIS
Aftercare Support
Enhancin Risk/Assessment Screenin
Performance Measure Standards
Other (please explain)
MEDICATION ASSISTED TREATMENT
13. If your treatment program includes medication assisted treatment (MAT), which of the
followina medications are you utilizing regardless of BJA funding?
We do not provide MAT
We do not have access to MAT
Naltrexone, Vivitrol, Depot, Naltrexone
Buprenorphine or
Buprenorphine/Naloxone (Bup/NX)
(Suboxone)
Methadone
14. Of the total participants enrolled in your program, how many were deemed eligible for
medication -assisted treatment (MAT), and of those eligible, how many received MAT during
:he reporting period?
Number of individuals eligible for MAT
Individuals receiving at least one MAT
Treatment
SCREENING AND PROGRAM INTAKE
15. Number of drug court candidates who were screened durine this
16. Of those screened, what is the number of individuals who did not enroll in the Drug
Court Program duriniz this reportiniz period?
17. Of those screened, and did not enroll in the program, enter the number of such
ndividuals based on the following categories
Participant Refused Entry
Prosecutor Objection
Judicial Objection
Out of Jurisdiction
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Arrest, Conviction, or Incarceration on
Another Charge
No Drug Problem
Exclusionary Prior Non -Violent Offense
Violent History
Mental Health Diagnosis that Cannot be
handled by the Court
Insufficient Risk (low risk)
Ineligible for VA services
Accident involving injury
Candidate did not complete screening
Candidate waiting for program slot
Other, please explain
18. Of those screened, that did not enroll in the Drug Court Program, please enter the number of
such individuals based on the following demographic information. Enter the ethnicity and
gender of each individual determined to be ineligible for the Drug Court participation during
this reporting period.
Ethnicity
Males
Females
Gender Unknown
Hispanic or Latino/a
Non -Hispanic or Latino/a
Unknown
TOTAL (should be equal to the
number of individuals who were
screened and did not enroll during
this reporting period)
19. Of those screened, that did not enroll in the Drug Court Program, please enter the number
of such individuals based on the following demographic information. Enter the race and
gender of each individual determined to be ineligible for the Drug Court participation
during this reporting period.
Race
Males
Females
Gender
Unknown
White
Black or African American
Asian
American Indian or Alaska Native
Pacific Islander or Native
Hawaiian
Multiracial
Unknown
Other
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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TOTAL (should be equal to the
number of individuals who were
screened and did not enroll during
this reporting period)
RISK ASSESSMENT
20. Please enter the number of newly admitted drug court participants who were administered a
risk and need assessment during the
21. Please name the risk assessment that is used to assess risk and need:
22. Of those newly admitted participants who were administered a risk and needs assessment
during the reporting period, please enter the number of such individuals who were
identified as havins high criminogenic risks and high abuse treatment needs.
NUMBER OF DRUG COURT PARTICIPANTS RECEIVING SERVICES
23.
Has the Drug Court program admitted any new participants during the reportingperiod?
Yes, enter how many new participants:
If no, please explain:
Total number of participants at the end of reporting
period (new admissions and those previously
reported)
24. Please enter the ethnicity and gender of each participant newly admitted to the drug
court program during this reporting period. For the first reporting period, include all
participants enrolled in the drug court program.
Ethnicity
Males
Females
Gender
Unknown
Hispanic or Latino/a
Non -Hispanic or Latino/a
Unknown
TOTAL (should be equal to newly
admitted participants to the program
during this reporting period)
25. Please enter the race and gender of each participant newly admitted to the Drug Court
Program during this reporting period. For the first reporting period, include all participants
enrolled in the Drug Court Program.
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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Race
Males
Females
Gender
Unknown
White
Black or African American
Asian
American Indian or Alaska
Native
Pacific Islander or Native
Hawaiian
Multiracial
Unknown
Other
TOTAL (should be equal to
newly admitted participants to the
program during this reporting
period)
PROGRAM COMPLETION AND JUDICIAL INTERACTION
26. Please enter the number of drug court participants who successfully completed all
uirements durinlz this
27. Of those who successfully completed all program requirements, from start to finish,
please indicate when these participants graduated from the program within the following
time frames:
0-6 months
7-12 months
13-18 months
19-24 months
25 months or more
TOTAL (should be equal to the total number
of successful completions)
28. Please enter the ethnicity and gender of each participant who successfully completed
all program requirements excluding financial obligations during the reportingperiod:
Ethnicity
Males
Females
Gender
Unknown
Hispanic or Latino/a
Non -Hispanic or Latino/a
Unknown
TOTAL (should be equal to the total number of
participants who successful completed all
program requirements)
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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16.D.10.b
29. Please enter the race and gender of each participant who successfully completed all
program requirements during this reporting period:
Race
Males
Females
Gender
Unknown
White
Black or African American
Asian
American Indian or Alaska
Native
Pacific Islander or Native
Hawaiian
Multiracial
Unknown
Other
TOTAL (should be equal to
newly admitted participants to the
program during this reporting
period)
30. Please enter the number of individuals who exited the program unsuccessfully for the
categories below. (Participants should not fit in more than one category, so choose the option
that best represents why these individuals did not complete theprogram)
Number of participants no longer in the
program due to court or criminal
involvement (technical violation, arrest,
conviction, revocation, reincarceration)
Number of participants no longer in the
program due to a lack of engagement (no-
shows and non -responsive participants)
Number of participants no longer in the
program due to absconding
Number of participants no longer in the
program due to relocating or case transfer
Number of participants no longer in the
program due to death or serious illness
Number of participants who did not
complete the program for other reasons
(please specify)
TOTAL
31. Of those drug court participants who exited the Drug Court Program unsuccessfully or did
not complete the program, please indicate when these participants left the program based on
the following time frames:
0-3 months
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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4-6 months
7-9 months
10-12 months
13-18 months
19 or more months
TOTAL
32. Please enter the ethnicity and gender of each participant who exited the
program unsuccessfully during the reporting period:
Ethnicity
Males
Females
Gender
Unknown
Hispanic or Latino/a
Non -Hispanic or Latino/a
Unknown
TOTAL (should be equal to the total number of
participants who successful completed all
program requirements)
33. Please enter the race and gender of each participant who exited the program unsuccessfully
during the reporting period.
Race
Males
Females
Gender
Unknown
White
Black or African American
Asian
American Indian or Alaska
Native
Pacific Islander or Native
Hawaiian
Multiracial
Unknown
Other
TOTAL (should be equal to
newly admitted participants to the
program during this reporting
period)
ALCOHOL AND SUBSTANCE ABUSE INVOLVEMENT
34. Of those enrolled in the drug court program at least 90 days, please enter the total
(unduplicated) number of participants tested for alcohol, non -prescribed medications,
orillegal substances during the reporting period and those that tested positive for the
presence of alcohol, non -prescribed medications, or illegal substances during the
Number of participants tested:
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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Number of participants who tested
positive:
AFFORDABLE CARE ACT
35. Does your program track healthcare coverage for participants? (This includes screening
participants for healthcare eligibility, providing enrollment services/support, or
tracking/gathering information regarding participants who already have healthcare.
Healthcare includes benefits such as Medicaid, Medicare, or veterans benefits)
Yes
No
36. Please complete the following table about health care and Medicaid coverage for your
program during the reporting period
Measure
How many new
How many program
How many program
program
participants were
participants were
participants
found to be eligible:
enrolled:
came into the
(eligible participants
(enrolled
program with:
are those that meet
participants are
the requirements to
those who were
qualify for health
enrolled in health
care coverage. Not all
care benefits during
eligible applicants
the reporting period)
will necessarily be
enrolled in coverage)
ANY health care
coverage (private,
government, self,
employment based,
Medicare, Medicaid,
military)
Of those, Medicaid
coverage
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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37. Please complete the following table for health care and Medicaid coverage for participants
EXITING the program during this reporting period. (Program exit can mean successfully
completing the program requirements or unsuccessfully exiting the program without
completing the requirements and can occur at anytime during this reportingperiod)
Measure
How many program
How many program
participants were found to
participants were enrolled
be eligible at EXIT for:
at EXIT (enrolled
(eligible participants are
participants are those who
those that meet the
were enrolled in health care
requirements to qualify for
benefits at program exit)
health care coverage. Not all
eligible applicants will
necessarily be enrolled in
coverage)
ANY health care coverage
(private, government, self,
employment based, Medicare,
Medicaid, military)
Of those, Medicaid coverage
NARRATIVE QUESTIONS
The following questions must be answered in Tanuary and July of each calendar
year. Please answer based on your experience for the last 6-month period.
1. What were your
2. What Goals were
its during this re
as thev relate to
3. What problems/barriers did you encounter, if any, within the reporting period that prevented
from
or milestones?
4. Is there any assistance that BJA can provide to address any problems/barriers identified
in Question #3?
5. Are you on track to complete your program fiscally and programmatically as outlined in your
grant aDDlication? If no. Dlease explain.
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
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16.D.10.b
6. What maior activities are Dlanned for the next six months?
7. Based on your knowledge of the criminal justice field, are there any
innovative programs/accomplishments that you would like to share with
BJA?
I hereby certify the above information is true and accurate.
Signature: Date: a
U
J
Printed Name: . .
v
Title: CO
N
N
Your typed name here represents your electronic signature.
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David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT Page 45 of 47
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16.D.10.b
EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of Federal award amounts expended shall be in accordance with the guidelines established by 2
CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute
215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
P
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
❑
met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a for -profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
❑
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
06/18
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EXHIBIT E
CONTRACT BETWEEN COLLIERCOUNTY
AND BUREAU OF JUSTICE ASSISTANCE
AWARD NUMBER: 15PBJA-23-GG-04295-DGCT
[24-SOC-01148/1845572/1]
David Lawrence Mental Health Center
Adult Drug Court Enhancement
DOJBJA-23-01
2023-GG-04295-DGCT
Page 47 of 47
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