Agenda 07/08/2025 Item #16D 8 (DLC Opiod amendment #2 with CLL)SECTION 3. That the Collier County Board of County Commissioners is hereby
expressly authorized to execute the Florida Plan in substantially the form contained in Exh.i bit" A."
SECTION 4. That the Collier County Board of County Commissioners is hereby
authorized to execute any formal agreements implementing a unified plan for the allocation and
use of opioid settlement proceeds that is oot substantially inconsistent with the Florida Plan and
this Resolution.
SECTION S. That the Clerk be and hereby is instructed to record this Resolution in the
appropriate record book upon its adoption.
SECTION 6. The Clerk of the Collier County HoardofCounly Commissioners is hereby
directed to fumisb certified copies of this Resolution to:
1 Attorney General Ashley Moody
c\o John M. G\lfilU
The Capitol, PL-0 I
Tallahassee, FL 32J99-1050_
Florida Association of Counties
I 00 South Monroe Street
Tallahassee, FL 32301
SECTION 7. All resolutions inconsistent or in conflict herewith shall be and are hereby
repealed insofar as there is conflict or inconsistency.
SECTION 8. If any section, sentence, clause, or phrase of this Resolution is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding ~hall in no
way affect the validity of the remaining portions of this resolution.
SECTION 9. Tiiis Resolution shall take effect immediately upon its adoption.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 22od day of June , 2021.
/\HEST:
Crystal K. Kinzel, Clerk of Courts
By : {hu,l ~wa<!.....
Attest 3$ tO ·7i.R C lcrk
signature oniy. •
s to form and legality:
~
Co en A. Kerins J
Assistant Cowity Attorney \1.,J
'-"v
[21.-SMF.0025(!(1642784/ll
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PROPOSAL
MEMORAXDLIM OF UN DF.R STANVl.'iG
EXHIBIT
A
Whereas, the people of the Stale of Florida and its communitie5 have been harmed by
misfeasance, nonfeasance and rnalfcasance committed by certain entities within the
Pharmaceutical Supply Chain:
Whereas, the Slate of Florida, through its Attorney General, and certain Local
Governments, through their elected representatives and counsel, are ~eparately enga~ed in
litigation seeking to hold Pharmaceutical Supply Chain Participant~ accountable for the d:image
caused by their misfeasance, nonfcasance and malfeasance;
Wherea5, the State of Florida and its Local Governments share a common desire lo abale
and alkviate the impacts of that misfeasance, nonleasance and malfeasance throughout the State
of Florida;
Whereas, it is the intent of the State of Florida and its Loclil Governments to use the
proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the amount
of funding presently spent on opioid and substance abuse education, treatment and other related
programs and services, such a.~ those identified in Exhibits A and B, and to ensure that the funds
are expended in compliance with evolving evidence-based "best practices";
Whereas, the State of Florida and its Local Governments. subjt,d to the completion of
formal docume11ts that will effectuate the Parties' agreements. enter inw this Mem0randum of
Understanding ("MOU'') relating to the allocation and use ufthe proceeds of Settlements described
herein; and
Whereas, this 1>,1OU is a preliminary non-binding agri::ernent between the Parties, is not
legally enforceable, and only provides a basis lo draft formal documents which wil I effectuate the
Parties· agreements.
A, Definitions
As used in thi~ MOL':
I. "Approved Purpose(s)" shall mean forward -looking strategies, programming and
services used to expand the availability of treatment for individuals impacted by substance u~e
disorders, to: (a) develop, promote, and provide evidenci::-based substance use prevention
strategies; (b) provide substance use ~voidam:e and awareness education; (c) decrease the
oversupply of licit and illicit opioi<ls; and (d) support recovery from addiction. /i.ppro,e<l Purpos es
shall include, hut are not limited 10, the opioid abatement strategies listed on Exhibits A atld B
which arc incorporated herein by reference.
2. "Local Governments" shall mean all counties, cities, to,,,.ns and villages located
within the geographic boundaries of the State.
3. "Managing Entities" shall mean the corporations selected by and under contract
with the Florida Department of Children and Families or its successor ("DCF") to manage the
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daily operational delivery of behavioral health services through a coordinated system of care. The
singular "Managing Entity'' shall refer to a singular Clf the Managing Entities.
4. "County'' shall mean a political subdivision of the sti:ik established pursuant to s.
I , Art. VIII of the State Constitution.
5. '·Municipaliti es" shall mean cities, towns, or villages of' a County within the State
wi th a Population greater than I 0,000 individua ls and shall a lso include ci ties, towns or villages
wi thin the State with a Population equal to or le ss than l 0.000 individuals which filed a Compla int
in th is litiga tion ag ainst Pharmaceutical Supply Chain Partic ip ants. The s ingu lar '·Municipality"
shall refer 10 a singular of the .'vlunicipalitics.
6. "Negotiating Committee" shall mem a three-member group comprised by
representatives of the following: (1) the State; and (2) twC1 representatives or Local Governments
o f which one repre~en tative will be lrom a Municipality and one shall be from a Coun'.y
(col lective ly. ·'Members '') within the State. The St~te shall be represented by rhe Attorney General
or her dcsigm:e.
7. "Negotiation Class Metrics" shall mean those county and dly settlement allocations
which come from the official website of the Negotiation Class ofcounties and cities certified on
September 11, 20 l 9 by the lJ. S. Ois1 rict for the Northern Dis lrict of Ohio in In re National
Prescriplion Opiate litigatirm, MDL 1'0. 2804 (N .D. Ohio). The websit6 is located at
https://allocationmap.iclaimsonline.com.
8. ';Opioid Funds" shall mean monetary amounts obtained through a Settlement as
defined in this MOC.
9. "Opioid Related" shall have the same meaning and breadth as in the agreed Opioid
Abatement Strategies attached hereto as 1::xhibi 15 A or B.
I 0. "Parties'' shall mean the State and Local Governments. The ~ingular word "Party"
shall mean either the State or Local Governments.
11. "PEC" shall mean the Plaintiffs' Executive Commillee of the National Prescription
Opiate Multidistrict Litigation pending in the United Slates District Court for the Northern District
of Ohio.
12. "Pharmaceutical Supply Chain" shall mean the proc~ss and cha11nels th rough which
Controlled Substances are manufactured, marketed, promoted, distributed or dispensed.
13. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in,
or has engaged in th e manufacture, marketing, promotion, distribution or dispensing of an opioid
analgesic.
14, "Population" shal l re fer to pub lished U.S Census IJu reau populat ion estimates as
of July 1, 2019, released March 2020, and shal l remain unchanged d uri ng the term of this MOU
These estimates can currently be found at https:!/v,ww.census.gov
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15. '·Qualified County"· ~h all mean a charte1 or non-chartered county wit hin the State
that: ha~ a PDpu /a tion c,1· at lt·11s t J00,000 individuals and (a) has an opioid tas kforcc of which ii is
a rm:mber or opera te!. in connectiou --.ith 11~ municipa li ties or oth ers on a local or rcgi om1i basis:
(b) has an abatement plan that has bc<.:n eit her adopted or is be ing uti lJ ;,ed to respond tn th e opioid
epidemic; (c) is curre ntly ei the r pro\iding or is coniracting wit h other~ to provide subs tance abusc
prevention. recovery, and treatme nt se rvi ce-' to its ci tilo:ns ; am.I (d) has or enters into an agree ment
wtth a majority of Munici pali ties (Maj ority is more tha n 50% of the Municipalities· totul
populat ion) re la ted to the ex.pcml!iture o f O pioid Funds The Opi oid Funds to be paid 10 a Qlkll ified
Cou nty will only include Opioi d Funds for Municipalities whose daims ore rele ased by the
Municipality or Opioid F1 ;n rls for Mun i;:ipalities whos e cla ims are otherwise barred.
16 . "SAMHSA"' shal l 111c<tn the U.S Departmen t of I lealth & Human Servi ce ~.
Subs tance Abuse and Menial Health Serv ices Ad ministration.
17. "Settle ment" shall mean the negotiated resolution of legal or equnable cl aims
ngainst a Ph annaceut ical Su ppl~ Cha m Participant wh en that resolut io n has been jo intly en te red
into by th e State and Local Governmellls or a settleme nt c lass as described i n (B )( 1) belo".
18. "State'' shall mean the State of Florida.
8. Terms
1. On ly Aba tem en t -Other than fond~ used for 1he Admin istrat ive Cos t!-. and Expc n~e
Fund as hcrc inuftcr described in paragraph 6 nnd paragraph 9. n.:~pet;ll\ely), a ll Opi1i ;<l Funds shall
be ucili zed fo r Approved Pu rpmcs . To accomplish th,~ purpose. lhc S1<1te wil l either fil e: a new action
wirh Local Governments as Par1ies or add Loc:a l Governments 10 i1s cxis1ing action, se1er sct tli n~
defendant s, and seek entry of a consent orde r or other order b111d111g blllh the State, Local
Governments, and Pharmaceutical Supply Cha in l'articipan t(s) ('·O rd er"). The Order may be part
of a class action ~ett lem ent or sim ilar de\'icc. The Order ~hall pro\ idc tor con11nuing jurisdiction of
a s ta te court to address non-perfo rmance by any pany under the 01der. Any I .ocal Government that
tibjects lo or refu se~ to be included under the Order or emry of documems necessary to effe ctuate a
Scrtlemcnl shall not be entit led to any Opioid Fw1ds and its portion of Opi oid . r umls s hall he
distributed to, and for the benelit of, the oth er Loi.:al Governme nls.
2. Avoid Claw Oac k and R eco u pment -Both the St ate and Lo cal Governments wi sh
to max.imize any Sett lement and Opioid Funds. In addition to comm itting to only usi ng fund s fo r
the Expense Funds, Administmh"e Cos ts and Approved Purpo~es, both Pat1i cs will ng ree to utili ze
a percentage of funds for the core strategies highlighted in F.xh ibit J\_ Ex hibit A contRi ns the
programs and strategic) pnoruized b) the l .S. De pamncnt of J'u s tice and:or 1l1e U S. Departme nt
of Health & Human Services ("'Core Stra t~gies··). The State is tryinp, to obLain th e Unite d S tat es ·
agn:ement to limit or reduce the l:mted State s · abili ty to rceo\er or recoup moni es frnm the State
and Local Government in (:XChange for priori tizat ion of fu nds to certain projects. 1 r no agree ment
is reached with the United States, then there will be no re quirement that a perce ntage be uli!izcd
for Core Strategies.
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3. Distribution S cheme -Al! Opioid Funds will in it1 nlly go to the Stale, and then be
distributed according to the fo llowing distri bution scheme. T he Opi oid Funds wi ll be d i vided into
lhree funds afte r deducting co.~t~ of the Expense F und detailed in paragraph () below:
(a) C1tuoun.~ Fund-The city/coun ty fund will receive 15% of all Opioid F unds to
directly benefit all Cou11t1cs a nd tv1un ici pali ties, The amounts to be distributed to
each Coun1y and Municipality sha II be dctennincd by the Negotiatio n Class Metrics
or other metrics agreed upon, in w rit mg. b) a County dnd a Ylunic1pal1t) !"or I ,ocal
Governments that are not with in the definition of County or Municipality, tho~c
L ocal Governments may receive t hat government's share of the C1ty/Coumy Fund
under the Negotiation C lass Metr ic~. if that government executes a release as part
of a Settlement. Any Local Govcmmcnt that is not ~, ithin the definition or' County
o r Municipality and that does no t execute a relea5e as pan of a Seulemcnt shall
have its ~hare of the Cit,-·/County Fund go to the County in whkh ii is located .
(b) R~gional [11J1J!· The regional fund will b e subdivided into two parts.
(i) The Sta lt w ill annually ca lc ulate the share of each County within the S ta te
of the regional fund utilizing the ,tiding sca lt: in section 4 ol'the alloc alio n
contained in the Negotiation Cla~s Metrics o t other metrics thal the Partics
agree upon.
(ii) For Qualified C'nunues, 1hr Qualifi ed County's share ~,ill be paid to the
Qual11ied County and c>.pcnded on Apprcwcd Purposes, including the
Core S trmep:ies identiliccl 111 Exhibit A, i f app licahl~.
(iii) For all othc, Counlles. the regional share for each Count~ will he paid to
the Managing Entities prnviding sci, ice t0r tl1<1t Count,. The\ lanag111g
Fnt111es will 1'<! required to e,pcn<l the monies on Appro,cd Purpose~.
includi ng the Core ~trntegies. I he 1'"1an.:igmg 1-.ntllies shnll endeavor to
the greatest extent possible to expend th ese monies on coun t ies within
the State that are n on-Qualified Countie., a nd to ensure that the re arc
services in every Count)'.
(c) filfil.~-The remainder of Opioid Funds af\er deducting the costs of th e
Expense Pund detailed in paragraph 9, t he City/County F und and the Reg ional Fund
will be expended by the State on Approved Purposes, in c luding the p rovisions
related to Core Strategies, if applicnble.
(d) To the extent that Opioid Funds ar~ not appropriated and expended in a year by the
State, the State shall identify the investments where selt)cmcnt funds \\ill be
deposited. Any gains, profits, or interest accrued fr o111 the deposit of the Opioid
Funds to the extent that any funds are not appropriated and ex.pended within a
calendar year, shall be the sole property of the Parry that was entitled to t he init ial
deposit.
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4. Regional Fund Sliding Scale-The Regional Fund shall be calculated by utili zing
the following sliding scale of the Opioid Funds available in any year:
A. Yea rs 1-6: 40%
R. Years 7-9 : 35%
C. Years 10-12: 34°/c,
D. Years 13-1 5: 33%
E. Yeo.rs 16-18 : 30%
5. Opioid i\batement I ask force N Council -The State \\Ill cre:11c a, O;nord
Aha1emcnt I ask force or Council (sometimes hcrcinaficr --1 a~l,.force·· or ··Counc11'') to ad\isc the
Governor. the Legis lnture, Florida's Department of Children and Families c-·U(.T'), and Local
Govcrmnents on the priorities that should be addres~cd ns pan of the op101d epidemic and to revit:\\
how monies have been spent and the rc~ulis that have been achieved\\ 11h Op101J funds
(a) Size -The Taskforce or Council sha ll have ten Members equally balanced between
the State and Lht: Local G1ne:,~mcnts.
(h) ~ointments Loc11l Ouvernmt:nls -l wo Municipality represt~11t,1tivcs will be
dppointed by or through Florida I.eayue ofC111cs T\\O c-nunty representali\es. one
from a Qualified County and one from a co11·11) wllhm the State 1hm ,, 1101 a
Qualilicd County. will be uppointcd b~ or through the Florido Associat ion of
Counties The final rcprt:M!ntativc \\ ill altc1 natc every two yea rs bctw.:en being a
coumy rcprescntall\C {appointed b) or through Florida ,\ssucration of Counties) or
a Municipality rep rese ntative (appo inted h) 01 through the l·lorida L c,,gue of
Cities). One Municipal it) rcpresentath·c must be from a cit\ or lc~s than 50.000
people One count) representative must be from a county !css than ::W0.000 people
and the other county rC'pr,·s.:ntauvc must be from a county whose population
exceed~ 200,000 people .
(i) The Governor sha ll appoi nt two Members.
(ii) The Speaker of the House shall appoint one Member,
(iii) The Senate President shall appoint one Member.
(iv) The Attorney Genera! llt her designee shall be a Member
(d} Chair -The Attorney General or des ignee shall be the chai r of the T11skforce or
Council.
(e) Term -Member~ will be appointed to serYe a two-year rerm.
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(0 Support-DCF shall support the Til skforce or Council and the Taskforce ur Council
shall be administratively housed in DCF .
(g) rvlce ti n~s -The Ta~kforce or Council shall meet ()Uarterly in pers<Jn or virtually
using communications media technology as defined in section 120.54(5)(b)(2),
Flc1 ridt1 Statutes .
(h) ~..Q!:!!J1&..-The Taskforce ot Council shall provide and publish a report annually
no late r than November 30th or the first business day after November 30th. if
;'Jovcmber 30th falls on a weekend or is mhe,wise 1101 a bus ines~ day . The report
shall contain mformatwn on ho~ mo nies we re ~pent the p1-c,·i(lus fi scal year hy the
State. eac h of the Qual1 tic<l Counties, ea d1 of the Mana~111g h1titics, and ench or
the Local Gu•,ernmcnb. It ~h.ill also ~on ta m recommendation s to the Gov ernor.
the Lc)!ISlatutc, and Local Government s for priont:es ?.mong the App w,ed
Purposes for ho,, monies sh ould h: ~pen t th e co111111i; fi~cal yc,tr tu 1·e$pond 10 the
opioid epidemic.
(i) Accounlubi li h -Pnor to July IM <>r e,1~h year. 1hc State and each of the Locai
Governments shall provide info11na11on 10 1)( f-about how the) mtend to expend
Opioid Funds in the upcoming [heal year rhc State and each of the Local
Guvemmcnt shall report ib e:-.penditurcs to DCF no later than Augu~t 31 :,t fo r the
previ ous fi sn1 I yea1 The Task force or Coum.il will ~el o ther data !-t:ts tha t need to
be reported to DC!· to demonstrate th e cfTec tivcnc ss of Approved Purpo ses. Al l
pro grams ancl e.xpcndi turcs shall he audi:cd annually in a similar fashion to
SA YIHSA pro gram,. Local (iO\ crnments shall rtspond and provide documents to
any reasonable requests from the Si.ate for data 01· info rmat ion about programs
receiving Opioid Funds .
U) Conflict of Interest -All Members shall adhe re lo th,· ru les, regulation s and lows of
rlorida in cl11cli ng. but nm limited to, Florida Statute § I l :'J 11. co n.:cm mg the
disc lo sure of confli cts of 1111crc,1 and rccusal from dls cus,ions or vo tes on
con ni ctecl matters .
6. Aclmin i~trutive Costs-·1 he State may take nn mo1e than a 5% adm1nis1rativc fee
from the State Fund ('·Admmi str.1tivc Costs'') and a11y Reg.ion.ii I uncl that 11 adm inisters for
counties that arc 1101 Qual ified Coun11cs. Each QualiEcJ Count'> may take 110 more than a ~%
admin ist ra!l\'e fee from its share of the Regional 1 ·uncls.
7. Negotiation ofN011-Multistale Settlements -11'\he State hegins negotiations with
a Phurmaceutical Suppl y Chain Participant that i, ,c:par,llc and apart from a mu!ti-state negotiation.
the State shall include Local Govemm<'nts that are a pun o f the i\'cgot1 l1t ing Committee rn su~h
11ego t1ations. 'so Settlement shall be 11:con11nended 01 acc<!pted "'thoul the alfinnative ,·nte, of
horh the Stale and Local Go, ernmcnt representati ves o f the Negotiating Commillee.
8. 'lcgoti ation or Multistate or Loenl Gol-·ernmenl Settlements -To the ext~nt
practicable and alkn vcd by other parties to a negotiation, both Parties agree to communicate with
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members of the Negoti1:1tion Committee reg nrding the terms of any other Pharmac culical Supply
Chai n Partici rant Se1tlement.
9. E xpcn~c Fund -1hc Pa rties agree that in any negotiation every effon sha ll be made
to cause Pha rmaceutical Suppl} Chai n Participant5 to pay costs of litigation. including allomeys·
fees. in addition 10 any agreed 10 Opioid I und~ 111 the Settlement To :he extcm that a fund
sufficient to pay the en tirety of all con:ingcnc) fee contracts fu r Lo1:,d Governmen ts in the State
of l· loric!..1 is not created as pan of a Scttlt:mcnt by a Pharmu\:nltical Suppl) Cha111 l'aniciparll, the
Pamc, agree that an add1t1onal cxpen~c: fund for a110:ne) s who rcprc•cn1 Local Go\ crnmems
(hcmn "Expense Fund") shall be created out of the Ciry'County fond lor the purpose of pa:-,·ing
the hard costs of a lit iga ting Local Oovernment and then paying attorneys' tees.
(a) The Source Q(Funds fo r the Exrcnsc lund· Mun ey for the Expense Fund shall be
so urced excl us ive ly from the City/Coumy Fund.
(b) Ib_\;_ Amount g.f. the !;:;)5.l~[lse _famd.· T he Stale recognizes the value litigating Local
Governments bnng lo the State of Florida in rnnnection with the Settlement
because thei r parti cipation increase~ the anwunt Incent iv e P~ymenl~ due from c:ach
Pharmaceutical ~uppl)c Cl.ain Participant. In recogni11011 of that value. the amount
of funds that shall be dcJX>$lled into the fapcmt: funJ shall be contingent upon on
the perc en tage of litigati ng Local Government participation in the Settlement.
according :o the followin~ table :
! Litig;ting Loc al Governm~nl
Pa nicipali on in th e
Settlement (by percentage of
L
.. tJ!t: 1'01:~l_3.-~iCl11 ;
9610 100¾
9 1 to 95%
86 to 90%
85%
Less than 85%
Arnau nt that shall be pa id
into the Exp ense Fu nd
from (and as a percentage
01, the Cit~ ~Q_unt: fund
10%
7.5%
5%
2.5%
0%
If few er than 85% percent of the litigating Local Government s (by population)
participate, then the Expen se Fund shall not be fun ded, and th is Sec tion of the MOU
shall be null an d void,
(c) The Ti min _ of Pa~men ts inm_th<.: Cx,,cnse Fund-/\!though 1he amount of rhe
Expense Fund shall be calculated based on the entirety of payments due 10 the
Ci ty/Co unty fund over a ten 10 eightee n ycnr period, the Expense l·und sha ll be
funded entirely from payment s made by Pharmaceutical Suprly C'hain Participants
during the firs\ two year, of 1he Settlement Accordingly, 10 offsel 1he amounts
being p11 id from the C1ty1Count 1 to the Fxpense hmd in th e first t\\0 years,
Counties or Mw1ic1palitit:s may borrow from the Regi onal Fund durrnf! the tirst two
years and pay the bor.owed amount~ hack to :he Regwnal Fund during) c;u~ three.
four, anJ live.
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For the avoidance of douht. 1h,: folJov.,in~ provides a11 il111strativc example regarding the
calrnlation of payme11ls and amoL111ts lhat may be botrolAed und~r lhe terms of this MOLi.
consistent with 1he provision~ of this Section:
Opioid funds due to State of Florida und Local (jovcrnmems (over 10 ILJ 18 years): Sl,000
100%
S150
$15
$7.5
$7 ,5
$7.5
)7.5
Litigating Local Government Participation:
City/County fund (over IO to 18 year~):
Fxper.sc Fund (pai<l over 2 years):
;\mount Paid to Expense hmd in 1 sl year:
Amnu11: Paid Ill Expense Fund in 2nd year
Amount that rnay be borrowed from Regional Fund in 1st year:
Amount that may be bo1 rowed from Regional Fund in 2nd yeur:
Amount lhat must be paiJ hll~k to Rcgionul Fund in Jrd year:
Amount that must be paid back to Regional Fund in 4th year:
,\mounl that must be paid back to Regional Fund in 5th year:
S5
$5
$5
(d) Creation of and.Jurisdiction over the Ex1,ense Fund-The Expe11se Fund shall be
established, consi~knt with the provisions oflhis Section of the MOU, by order of
the Circuit Court of the Sixth Judicial Circuit in aud for l'a~co County, West Pasco
Division New Port Richey, FlorLda, in the matter of The Stai,' o( Florida. q[fice rf
the Allorn~y G<!ncral, Depor1menl c!f LeR,al A((airs 1 I'111d11e Pharma I, P .. el al,
Case No . 20 \ 8-C A-0014 38 (the '·CuurC'). Th~ Court shall have J urisdicli(l!l O\er
the Expense Fund. including a11thority to allocnte and disbur~e amounts from the
F,xpense Fund ~nd lo resol"e any disputes C{lncerning the Expense flmll.
(e) 6.!fo.cation of !:'_a.:! ffit:t)ls to Coul)sel rro1n the r:.N'~D~C Fund• As pm1 of the order
establishing the Expense Fund, counsel for lhe li1igating Local liowrnments shall
seek to have Lhc Court appoint a third-neutml to serve as a spcci ttl master for
purposes of allocating the: Expense Fund. V..'itbin 30 days of entry of the order
appointing a specbl mas\er for the Expense Fund, any rnunscl who intend to seek
an award from the E!{pense Fund shall provide the copies of their cnntingcncy fee
contracts to the special master. The ~pecial m11s1er shall then h11i Id a mathc1nmical
model, which shall be based on each litigating I ,(1cal Government's share under the
Negotiatiot\ Class Metrics and the rate sc-t forth in their contingency contracts, to
cakulu!e a proposed award for each li1igaLing Local Government who timely
provided a copy of its contingcm;y contract.
I 0. Dispute resolution-Any one or more of 1hc Local Governments or the State may
ohjec1 to an allocation or expenditure of Opioid Funrls solely on the ba~is that the al location or
expenditure at issue (a) is incunsislent with the Approved Purposes; (h) is inconsis1ent with the
distribution scheme as provided in paragraph J, or (c) viol ales the lim itations set forth herei" with
respect to udminislrativc costs or the Expense f·unc.l. There shall be no olher basis for br:nging an
objection tu the approval of an all ocoli on or expendi lure of Opioid Funds.
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1!)
Collier County
Community & Human Services Division
EXHIBITiG
INCIDENT REPORT FORM
Organization Name: David Lawrence Mental Health Center
Organization Address: 6075 Bathey Lane, Naples, FL 34116
Project No : i2024-0l DLC Opioid
Grant Coordinator:
Date of Incident I Time of Incident: I
Report Submitted By: (Name
& Phone)
Description of Incident:! i
Location/ Address of l ncident:
Was Police Report Filed? i □ IYes ID No
If Yes, Police Report Number: I I Jurisdiction : I
Were there any warning signs that this type of Incident could occur? :O [Yes .□No
If Yes, Explain: :
What actions will be taken to prevent a recurrence of a similar incident?
I certify under penalty of perjury under F.S. 837.06 that the contents of this affidavit are true and correct.
Signature of Person Making Report Date
Printed Name
Title
Return completed form to: Kristi Sonntag, Director, CHS
Collier County Community and Human Services Division
3339 Tamiami Trail East, Bldg. H, Suite 213
Na Dies, FL 34112 Fax: (239) 252-2638
28
David Lawrence Mental Health
2024-01
Opioid Settlement
Amendment #2
CAO
Page 2607 of 4096
EXHIBIT H
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
WHISTLEBLOWER PROTECTIONS A FF IDA VIT
SUBRECIPIENT Name: David Lawrence Mental Health Center, Inc
SUBRECIPIENT Address: 6075 Bathey Lane, Naples, FL 34116
Project Name: Opioid Abatement Funds
Project No: 2024-0 I DLC Opioid
In accordance with 2 CFR 200.217 and 41 U.S.C. § 4 712, SlJBRECI Pl ENT may not discharge. demote, or
otherwise discrim inate against an employee in reprisal ror disclosing to any of the list of persons or entities
provided below, informat ion that the employee reasonably believes is evidence of gross mismanagement
of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal
contract or grants, a substantial and specific danger to public health or safety, or a violation of Jaw, rule, or
regulation related to a federal contract (including the competition for or negotiation or a contract) or grant.
The list of persons and entities referenced in the paragraph above includes the following:
• A member of Congress or a representative ofa committee of Congress
• An Inspector General
• The Government Accountability Office
• A Treasury employee responsible for contract or grant oversight or management
• An authorized official of the Department of Justice or other law enforcement agency
• A court or grand jury
• A management official or other employee of SUBRECIPIENT. contractor, or subcontractor who
has the responsibility to investigate, discover, or address misconduct
SUBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies provided
under section 41 U .S.C. § 4712, in the predominant native language of the workrorce.
By signing this affidavit, I certify that Subcontractor Name \•vii! comply with all Whistleblower rights and
protections for its employees.
Name :
Signature: _____________ _
Title : ______________ _
Your typed name here represents your electron ic sign ature
David Lawrence Menlal Health
2024-01
Opioid Settlement
29
CAO
Page 2608 of 4096
EXHIBIT I
DEPARTMENT OF ELDER AFFAIRS
BACKGROUND SCREENING
ATTESTATION OF COMPLIANCE-EMPLOYER
AUTHORITY: ALL EMPLOYERS are required to annually submit this fom1 attesting to
rnmpUancr with the provhiions of chaplrr -05 and section 430.0402 of the Florida Stntutes.
The term "employer" means any person or entity required by la w to conduct background screenings, including
but not limited to, Area Agencies on AgingiAging and Disability Resource Centers, Lead Agencies, and Service
Providers that contract directly or indirectly with the Department of Elder Affairs (DOEA), and any other person
or entity which hires employees or ha.~ volunteers in service who meet the definition of a direct seJVice provider.
See§§ 435.02, 430.0402, F1a. Stal.
A direct seivice provider L~ "a person 18 years of age or older who, pur,;uant to a program to provide ~eJVicei-to
the elderly. ha.~ direct, face-lo-face conlacl with a client while providing services to U1e dienl and hn~ access to
the client's living areas, funds, pt:n,onal prope11y. or personal identification info1malion as dd'incd in s. 8 I 7.568.
The tenn also includes, but is not limited to, tl1e administrator or a similarly tit!oo person who is rc:,<;ponsihle for
the day•to-day operations of the provider, the fiMncial officer or similarly titled person "'ho is responsible for the
finmcia I operations of the provider. coordinators. managers, and s upervi~Ol'S of residential facilities, and
volunteer~, and any other person seeking employment with a provider who is expected to, or whose responsibilities
may require him or her to, provide personal car~ or st:r\'ices directly to clienL~ or have acccs~ to client funds,
financial matteTR, legal matters, personal prope11y, or living areas."§ 430.0402(1 )(b), Fla. Stat. (2023).
ATTESTATION
As the duly authorized representative of: _
(Name of Employer)
Located at
Street address City State Zip Code
Linder pemilty of perjury. !. ______________ _
(Name of Representative)
hereby swear or affirm that t he above-named employer is in compliance with the provisions of chapter
4)5 and section 430.0402 of the Florida Statutes, regarding level 2 background screening.
Signature of Represent alive Dali:
DOEA Fom, 235, Attestation of Compliance -Em ploy er. Effective October 20:!3, F S
Form available a1:hllps:/!eldera!Ta1rs org,about-us.back!.!rouncl-scr~~n1ng hackground-scrcen1ng -ckarmg,housctra1n1ng-
access111g-thc-clcaringhouse
David Lawrence Mental Health
2024-01
Opioid Settlement
30
Amendment #2
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Page 2609 of 4096
EXHIBIT .J
Dept. of Children and Families Executive Compensation Report
Executive Compensation Annual Report
Instructions: Upon entering into a contract with the Department of Children and Families (Department), and
annually by May 1 of each year. providers in a contract with the Depa rtmenl must complete Sections 1 and 2 of
this form, and Section 3 if required. Completion of this document is required to comply with the Federal
Funding Accountability and Transparency Act (FFATA) and Executive Order 20-44. All references to entity or
contract(s) in Sections 2 and 3 shall refer to the Entity and Contract(s) identified in Section 1. Upon completion
submit this form to the relevant Department Contract manager(s).
Section 1: Attestation
I swear (or affirm) to my authority to make binding representations on behalf of thee ntity listed below, the
information contained in this document is accurate and complete to the best of the below-listed entity's
knowledge, and both I and the below-listed entity intend the Department rely upon the information contained in
this document.
Entity Name
Department Contract Numbers UEID Number
Printed Na me of Authorized Person
Signature of Authorized Person Date
STATE OF FLORIDA
COUNTY OF ______ _
Sworn to (or affirmed) before me by means of D physical presence or □ online notarization, this ___ day
of , 20_, by ________________ _
Signature of Notary Public-State of Florida
Personally Known OR Produced Identification
Type of Identification Produced: _____________________ _
Section 2: Qualifying Questions
1) Did one or more of the contract(s) result from the Entity being named in federal law or Florida Statutes
(substantive or appropriation) as the required recipient of a single source. public-private agreement?
□ Yes □ No
2) During the preceding fiscal year, did the Entity receive 50% or more of its budget from either the Stale of
Florida or from a combination of Stale and Federal funds?
D Yes D No
3) During the preceding fiscal year, did the Entity: (a) receive more than $25 million in total federal funding, (b)
the federal funds so received accounted for more than 80% of the Provider's annual gross revenue, and (c) was
the compensation of top five executives for the preceding fiscal year not available publicly?
C Yes □ No
If the answer to any question in t his section is Yes, you must proceed to and complete Section 3 . Otherwise,
submit this form to your relevant Department Contract Manager.
PCMT-08
Effeclive February 15. 2023
Da\·id Lawrence Mc11WI I lcalth
2024-0 I
Opioid ScLtl~mrnt
31
/\111rndmcnl :/2
CAO Page 2610 of 4096
Section 3: Annual Executive Compensation Report
Attach the latest copy of the Entity's most recent IRS Form 990 and complete the following . If the IRS 990
form is unavailable for the last fiscal year, please explain why:
List the Entity's current directors, board members, chief executive officer, chief financial officer, chief operating
officer, and any other person performing equivalentfunctions by their title, total annual compensation. and the
percentage of compensation from stale (FL%) or federal (Fed %) allocations. If any executive compensation
changes prior to the next annua l report, the Entity must submit an updated version of this report with those
changes, and their total annual compensation. Total annual compensation includes salary, bonuses, cashed-
in-leave, cash equivalents, paid personal leave, severance pay, retirement benefits, deferred compensation,
real-property gifts, and any other payout [see also 17 CFR 229 .402(c)(2)). Include lhe percentage of the total
compensation directly from the state or federal allocations to the contracted entity. If any of the above-listed
persons also receive compensation from organizations that: (a) created or were created by the Entity: (b) that
were created by any of the above-listed persons whose compensation therefrom also derives from state or
federal allocations; or (c) contract with the Entity, then identify the organization(s), their relationship with the
Entity or the above listed person, and that person's annual compensation from each such organization, and
the percentage of that compensation from stale (FL%) or federal (Fed%) allocations. The Entity is not
required lo disclose the additional compensation a person receives from organizations that contract with the
Entity if the above listed person was identified solely upon the person's status as an uncompensated member
of the Entity's board of directors, whatever the person's actual title in the organization.
Name
PCMT-08
Effective Feb 15, 2023
David Lawrence Mental Health
2024-0 I
Opioid St:ltkment
Title
2
32
Total Annual FL% Fed¾ FL & Fed
Compensation % (Total)
Amendment #2 CAO
Page 2611 of 4096
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