Loading...
Backup Documents 08/26/2025 Item #16F 1 (Absentia 08/12/2025 Item #16D 4) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP' 6 D 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 8.26.25 BCC MTG THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Carolyn Noble Community and Human CN 10.29.24 Services 2. County Attorney Office— County Attorney Office OW/mho 4Z6 3. BCC Office Board of County Commissioners BS L/, ,,,w/J :/z I/ 4. Minutes and Records Clerk of Court's Office ( �/ 1•Z.c'/4k)71(/ i/Ar PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Carolyn Noble Phone Number 239-450-5186 Contact/ Department Agenda Date Item was 8.12.25 BCC Mtg Agenda Item Number 16.D.4 Approved by the BCC Type of Document 3 ORIGIANL NEW SEASON OPIOID Number of Original 3 ORIGINAL Attached ABATEMENT AGREEMENTS Documents Attached DOCUMENTS PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK CN 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's YES signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 1 6 D 4 MEMORANDUM Date: August 27, 2025 To: Carolyn Noble, Grants Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Agreement between Collier County and Metro Treatment of Florida, L.P. d/b/a New Season Treatment Center 9 Opioid Abatement Settlement Enclosed please find two (2) originals of each document referenced above (Agenda Item #16D4), approved by the Board of County Commissioners on Tuesday, August 12, 2025. The Minutes & Records Department has retained an original as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Enclosure 1SO 4 CFSA Name: Opioid Settlement Fund CFSA#: 60.355 OPIOID Settlement: FY 2024-2025 Agreement#: 2024-04New Season Opioid Activity: Opioid Abatement Settlement SUBRECIPIENT: Metro Treatment of Florida, L.P., d/b/a New Season Treatment Center 9 Total Award Amount: $148,670.00 UEI#: NPXYJKGWVBU4 FEIN: 58-2341219 Period of Performance: 5/1/2025-9/30- 2026 Fiscal Year End: 12/31 Monitoring End: 6/30/2027 AGREEMENT BETWEEN COLLIER COUNTY AND METRO TREATMENT OF FLORIDA,L.P. d/b/a NEW SEASON TREATMENT CENTER 9 Opioid Settlement Funds THIS AGREEMENT is made and entered into this 1 2. day of t, , 2025, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) ha ng its principal address as 3339 Tamiami Trail East, Suite 213,Naples, FL 34112, and METRO TREATMENT OF FLORIDA,L.P., d/b/a NEW SEASON TREATMENT CENTER 9 (SUBRECIPIENT),authorized to do business under the laws of the State of Florida, having its principal office at 2500 Maitland Center Parkway, Suite 250 Maitland,FL 32751 WHEREAS, a local, state, and national crisis arose as a result of the manufacturing, distribution, and over-prescribing of opioids,which resulted in opioid abuse, misuse, overdoses, addictions, and death throughout municipalities,counties,states,and the nation and contributed to the public health emergency and crisis commonly referred to as the opioid epidemic; and WHEREAS, Collier County and the municipalities therein are not immune from this nationwide crisis; and WHEREAS, the crisis has caused and is causing an undue strain on local government finances to implement programing to combat the opioid epidemic, to mitigate the harmful effects of the opioid epidemic in the community, and to increase educational campaigns to counteract mis-information about the addictive nature and harmful effects of opioids; and WHEREAS,opioid abuse rose throughout the United States,Florida has been hit especially hard;and New Season Treatment Center 2024-04 Opioid Page 1 Opioid Settlement Funds 1 6 D 4 WHEREAS, pharmaceutical companies involved in the supply chain, including but not limited to, distributors,manufacturers,dispensing companies,and marketing agencies contributed to the great harm suffered by the State of Florida and Collier County as a result of the opioid epidemic; and WHEREAS, as a result of litigation filed by the State of Florida and various local governments against various pharmaceutical companies involved in the supply chain, multiple defendants have begun to negotiate settlements; and WHEREAS, the Attorney General for the State of Florida (hereinafter"Attorney General") anticipates that Settlement funds will be distributed to the State of Florida over multiple years as part of a global settlement, and not directly to the Cities and Counties; and WHEREAS, the Attorney General entered into agreements with local governments within the State of Florida to receive settlement funds. This Agreement, divides settlement funds into three portions designated as City/County,Regional Abatement, and State funds; and WHEREAS,the Florida Opioid Allocation and Statewide Response Agreement set forth the amount and manner of distribution of City/County and Regional Settlement funds within Florida,the requirements to receive and manage Regional Abatement funds, and the purposes for which Regional Abatement funds may be used. Collier County Resolution 2021-136,dated June 22,2021,including the Memorandum of Understanding between the State of Florida and it's local governments (Florida Plan) approved in concept the State Agreement and is attached hereto as Exhibit A; and WHEREAS,Collier County is a"Qualified County"and thereby is receiving Regional Abatement funds pursuant to the State Agreement;and WHEREAS, the COUNTY desires to engage SUBRECIPIENT to implement such undertakings, as specified in the Part I, Scope of Work,and determines that they are valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: PART I SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing OPIOID Settlement Funds(OPIOID Funds),as determined by Collier County Community and Human Services(CHS),perform the tasks necessary to conduct the program as follows: Project Name: Opioid Abatement Settlement Funds Description of project and outcome: To increase access to and distribution of Medication-Assisted Treatment (MAT) for individuals with opioid use disorder, with a focus on reaching non-Medicaid eligible, underinsured, or uninsured populations, as well as individuals transitioning from incarcerate settings to assist in alleviating the impacts of the opioid crisis as listed on Exhibit B,with priority given to Schedule A(CORE Strategies),attached and incorporated herein by reference. New Season Treatment Center 2024-04 Opioid Page 2 Opioid Settlement Funds 6D 4 Project Component One: MAT Medication/Pharmacy supplies(Schedule A, Sections A, B, and F) Project Component Two: Transportation Assistance (Schedule B, Section B)to include the purchase of bus passes,taxi rides,and other ride share assistance. Project Tasks: 1. Maintain documentation on all persons served. 2. Provide quarterly reports no later than the 15th day following the end of each quarter. A. OPIOID Documentation Requirements Compliance Criteria: Activities carried out with funds under this Agreement will be performed in compliance with The Department of Children and Families (DCF) Operating Procedure, and Collier County Resolution #2021-136,along with the Memorandum of Understanding(Florida Plan),attached hereto as Exhibit A, and any amendments thereto. 1.1 DEFINITIONS AND PURPOSE A. DEFINITIONS Unless otherwise defined herein, all defined terms shall be as defined in the Florida Plan and are incorporated herein and shall have the same meanings as in the Florida Plan, and any amendments thereto. B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which SUBRECIPIENT will implement the Scope of Service summarized in Section 1.2 and Exhibit A of this Agreement. According to the Florida Opioid Allocation and Statewide Response Agreement between COUNTY and the Office of the Attorney General, opioid settlement funds may only be used for approved purposes,which include,but are not limited to,all opioid-related prevention,treatment,and recovery support services, and opioid abatement strategies listed in the Florida Opioid Allocation and Statewide Response Agreement,Schedule A(Core Strategies)and Schedule B(Approved Uses)(See Exhibit B). Opioid settlement funds serve individuals that misuse opioids or that have an Opioid Use Disorder (OUD). If individuals are eligible for settlement-funded services because of these conditions, then opioid settlement funds can be used to holistically treat any other co-occurring mental disorders or health problems. Opioid settlement funds can also be used for prevention services for individuals at risk of opioid misuse or OUD. Services funded by the opioid settlement must be evidence-based, individualized, comprehensive,recovery-oriented,trauma-informed,and culturally competent. 1.2 SPECIAL CONDITIONS A. Within sixty(60)calendar days of the execution of this Agreement,SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. New Season Treatment Center 2024-04 Opioid Page 3 Opioid Settlement Funds 1 6 D 4 B. SUBRECIPIENT must submit the following resolutions and/or policies within sixty (60) days of execution of this Agreement: Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy(COI)and related COI Forms Affidavit Regarding Labor and Services(Trafficking) Procurement Policy Fraud,Waste,and Abuse Policy ® Language Assistance and Planning Policy(LAP) HIPAA Policy ® Whistleblower Policy ® Any Policies and Practices recommended by the Opioid Abatement Taskforce or Council. C. Annual SUBRECIPIENT Training - All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-offered training, relevant to the Project, as determined by the Program Manager,not to exceed three(3)sessions. It is your responsibility to contact your Program Manager upon receipt of the training schedule to discuss which are relevant to your organization. 1.3 PROJECT DETAILS A. Project Description/Budget Description FY 24-25 Opioid Funding Year 3 Project Component 1:MAT Medication/Pharmacy supplies $ 143,670.00 (Schedule A, Sections A, B, and F). *Fixed unit price of$19.00 per unit. Project Component 2: Transportation Assistance(Schedule B, $5,000.00 Section B)to include the purchase of bus passes,taxi rides and other ride share services. Total Regional Abatement Opioid Funds $148,670.00 The Subrecipient shall be reimbursed at the fixed unit rates set forth above for each unit of service delivered and documented. A unit of service is per dose/per person/per day. SUBRECIPIENT will accomplish the following checked project tasks: • Maintain beneficiary documentation,and provide to COUNTY,as requested Provide Quarterly Reports on project progress ® Ensure attendance by a representative from executive management at quarterly partnership meetings,as requested by CHS ® Identify Lead Project Manager New Season Treatment Center 2024-04 Opioid Page 4 Opioid Settlement Funds 16D 4 B. Program Components/Eligible Activities All services/activities funded must meet the program components,as detailed in Exhibit B-Schedules A and B, and meet the Prioritization Requirements listed below. 1. Medication Assisted Treatment: The clinical standard of care for the treatment of Opioid Use Disorder is medication-assisted treatment (MAT) using one of three types of FDA-approved products; namely methadone, buprenorphine-based products (including long-acting injectables), and long-acting injectable naltrexone. All service providers that receive opioid settlement funds must permit continuation in MAT for as long as the authorized prescriber determines that the medication is clinically beneficial. Furthermore, while counseling and support services must be available for and offered to patients,providers shall not require mandatory counseling participation or mandatory self-help group participation as a condition of initiating or continuing medications that treat OUD, except those established by methadone providers and applied to individuals on methadone as required in 65D-30.0142(2)(q),Florida Administrative Code. 2. Coordinated Opioid Recovery(CORE)Network of Addiction Care: The essential component of the Coordinated Opioid Recovery(CORE)network of addiction care model is 24-7,low-barrier access to buprenorphine induction services that address withdrawal and cravings, confer a protective effect against overdose, and begin the path to recovery. The CORE model includes the use of specialized EMS protocols for overdose and acute withdrawal, transport to an Emergency Department-based addiction stabilization center with experts in addiction medicine willing to initiate buprenorphine treatment,and peer support specialists to help with engagement and linkage to long-term, individualized, integrated treatment. DCF's contract Guidance #14 describes the CORE model and associated requirements in more detail: https://www.myfl families.com/document/54331. 3. Hospital Bridge Programs: Individuals with OUD can access buprenorphine induction before discharge from hospitals that are not currently part of the CORE network, with a buprenorphine prescription and peer engagement for a warm handoff serving as the bridge to a community-based provider offering long-term, integrated MAT. The primary components of the Hospital Bridge Program include initiation of buprenorphine before discharge, with a "bridge" prescription for enough medication to support individuals until they can be linked to a long-term MAT provider in the community, with peer engagement throughout. Individuals may be connected to a peer either onsite, via phone, or video conference to help navigate the referral process to the local MAT provider. The peer will schedule an appointment with the local MAT provider, explain the transition process, provide general support during the entire process, and assist in a warm hand- off to the local MAT provider. An emergency opioid antagonist or antidote should be dispensed, not merely prescribed, prior to discharge from the hospital for all individuals entering an Emergency Department(ED)for opioid overdose or misuse,regardless of whether they agreed to participate in MAT. 4. Peer Supports and Recovery Community Organizations: Recovery Community Organizations (RCOs) are independent, non-profit organizations led and governed by representatives of local recovery communities. RCOs provide certified peer recovery support services, in addition to New Season Treatment Center 2024-04 Opioid Page 5 Opioid Settlement Funds 1 6 D 4 recovery-focused community education and outreach. RCOs work closely with community treatment providers and other stakeholders to provide outreach,information and referrals,wellness recovery centers, and other recovery support services. Peers and RCOs will work closely with hospitals and long-term community-based providers participating in the Coordinated Opioid Recovery(CORE) network model and Hospital Bridge programs. Both programs utilize the peer workforce to provide care coordination and engage the individual in on-going treatment and recovery support. C. Performance Deliverables Program Deliverable Supporting Documentation Submission Schedule Policies&Procedures(Section 1.2 Policies as stated in this Within 60 days following B) Agreement Agreement execution Insurance Proof of coverage in Within 30 days following accordance with Exhibit C Agreement execution and annually within 30 days after renewal Detailed Project Schedule Project Schedule Within 60 days of executed Agreement Progress Report Progress report, detailing Quarterly, 15 days after the end accomplishments. Exhibit E of the quarter HIPAA and DCF Security Training Certificate of Training Within 30 days following (per Section 2.5 of this Agreement) Agreement execution Florida Department of Children and Exhibit I Annually,no more than 13 Families Employment Screening months apart Affidavit Business Associate Agreement Agreement Within 6 months of executed Agreement DCF Executive Compensation DCF Form PCMT-08 Annually on or before May 1, Annual Report (Exhibit J) 2026 Annual Audit Monitoring Report Exhibit F Annually,60 days after FY end SUBRECIPIENT Financial and Audit report,Management Annually: 9 months after FY end Compliance Audit Letter,and Supporting for Single Audit OR one hundred Documentation eighty(180)days after FY end. DCF Electronic Data Exchange Professional Health Care Claim 18 days after the end of each (EDI) 837 File files in FTP with SSL month,using the DCF ShareFile Conflict of Interest Form Subrecipient/Developer/Vendor Upon execution of the Conflict of Interest Disclosure Agreement for all employees Form who work on activities associated with the Project and upon hiring of all new employees Whistleblower Protections Affidavit Exhibit H Upon execution of the Agreement for all employees who work on activities associated with the Project and upon hiring of all new employees Collier County Data Collaborative Participation is a requirement 30th day following the end of the and submission of all required prior month New Season Treatment Center 2024-04 Opioid Page 6 Opioid Settlement Funds I 6 D 4 Program Deliverable Supporting Documentation Submission Schedule data elements into the Collier County System D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: MAT Submission of Exhibit D along with Monthly invoices due by the Medication/Pharmacy supplies proof of submission of DCF 837 file via 30th of the month following (Schedule A, Sections A,B, a 999 or acceptable DCF document, a month of service. and F) unit summary report to include(1) description of the services provided(2) the number of units delivered(3) applicable unit rate(s)(4)daily service log for each participant by ID#(5) redacted sign in sheet,and any other additional documentation as requested. Project Component 2: Submission of Exhibit D along with Monthly invoices due by the Transportation Assistance proof of submission of DCF 837 file via 30th of the month following (Schedule B, Section B)to a 999 or acceptable DCF document month of service. include the purchase of bus along with a receipt or invoice for passes,taxi rides,and other ride transportation services along with a log share services. showing dates of travel by participant (redacted)and drop off and pick up location. 1.4 PERIOD OF PERFORMANCE SUBRECIPIENT's services shall begin on MAY 1, 2025, and end on SEPTEMBER 30, 2026. SUBRECIPIENT must complete all services required hereunder prior to SEPTEMBER 30, 2026. Any Funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement,following receipt of SUBRECIPIENT's written request submitted no less than 20 days prior to the Agreement's period of performance end date. Extensions must be authorized,in writing,by formal letter to SUBRECIPIENT. 1.5 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED FORTY-EIGHT THOUSAND SIX HUNDRED SEVENTY DOLLARS AND ZERO CENTS($148,670.00)for use by SUBRECIPIENT, during the term of the Agreement(hereinafter,shall be referred to as the Funds).This Agreement allows for all costs incurred retroactive to May 1,2025. Modifications to the Budget and Scope may only be made if approved by COUNTY, in advance. Cumulative Fund shifts among line items may be approved administratively by CHS Director or designee for a total of up to 10 percent(10%) of the total funding amount and shall not signify a change in scope. New Season Treatment Center 2024-04 Opioid Page 7 Opioid Settlement Funds 1 6 D 4 Fund shifts that exceed 10 percent (10%) of the Agreement amount shall only be made with Board of County Commissioners(Board) approval. This is a cost-reimbursement contract based on unit costs. The SUBRECIPIENT shall be reimbursed for allowable expenditures incurred in the performance of services, not to exceed the rates and units established in this contract. Payment shall be made only for services rendered and documented in accordance with the terms and conditions set forth herein. All services/activities specified in Part 1 Scope of Services shall be performed by SUBRECIPIENT or its subcontractors who meet State requirements. SUBRECIPIENT shall comply with, and ensure its subcontractors, subgrantees,and others it arranges to provide deliverables comply with: • Applicable laws, rules, codes, ordinances, certifications, licensing requirements, and DCF's Operating Procedures • Department of Financial Services' (DFS) "Reference Gide for State Expenditures" and active DFS Comptroller or Chief Financial Officer Memoranda. If this Agreement is funded by state financial assistance, those funds may only be used for allowable costs during the Period of Performance. Absent DCF's authorization, unused state financial assistance funds must be returned to the Department. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of OPIOID Funds until Funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Allowable costs shall mean those necessary and proper costs identified and approved by the COUNTY, unless any or all such costs are disallowed by the State of Florida Attorney General or Department of Children and Families(DCF).Invoices for work performed are required every month.If no work has been performed during the month,or if SUBRECIPIENT is not yet prepared to send the required backup,a$0 invoice is required.Explanations will be required if two consecutive months of$0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses,but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. No payment will be made until approved by CHS for compliance and adherence to any and all applicable Local,State,or Federal requirements,including timely submission of Performance Deliverables contained in Section 1.4.C.Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance,payment will be made upon receipt of a properly completed invoice, and in compliance with Section 218.70, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. New Season Treatment Center 2024-04 Opioid Page 8 Opioid Settlement Funds 1 6 D 4 Withholding or Cancellation of Funds. The COUNTY reserves the right to withhold payments, pending timely delivery of program reports or documents as may be required under this Agreement. SUBRECIPIENT agrees that funds determined by the COUNTY to be surplus upon completion of the Project will be subject to cancellation by the COUNTY.The COUNTY shall be relieved of any obligation for payment if funds allocated to the COUNTY cease to be available for any cause other than misfeasance of the COUNTY itself. Payment may be suspended by the COUNTY in the event of a default by SUBRECIPIENT. 1.6 OVERPAYMENTS AND OFFSETS SUBRECIPIENT shall return erroneous payments, overpayments, or payments disallowed by this Agreement (including payments made for services subsequently determined by the COUNTY to not be in full compliance with this Agreement's requirements)or law, including interest at a rate established per §55.03(1), F.S., within 40 days after discovery by the SUBRECIPIENT, audit, or COUNTY. The State or COUNTY may recover against such payments by deduction from subsequent payments under this or any other Agreement with SUBRECIPIENT, or any other lawful method. If this Agreement involves federal or state financial assistance,the following applies: • The SUBRECIPIENT shall return to the COUNTY unused funds,accrued interest earned, and unmatched grant funds,as detailed in the Final Financial Report,within 60 days of the Period of Performance end date. 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator Collier County Community and Human Services Division 2671 Airport Pulling Road, Suite 202 Naples,FL 34112 Email to: carolyn.noble@colliercountyfl.gov Telephone: 239-450-5186 SUBRECIPIENT: MAIN OFFICE ATTENTION: Mary Beth Puckett, Grants Director Metro Treatment of Florida, L.P. d/b/a New Season Treatment Center 9 2500 Maitland Center Parkway, Suite 250 Maitland, FL 32751 Email to: marybeth.puckett n,cmglp.com Telephone: 689-216-5191 SUBRECIPIENT: LOCAL OFFICE ATTENTION:Jeff Smith,Program Director New Season Treatment Center 2024-04 Opioid Page 9 Opioid Settlement Funds 1 6 D 4 Metro Treatment of Florida,L.P. d/b/a New Season Treatment Center 9 2770 Davis Blvd, Suite 90 Naples,FL 34101 Email to:jeff.smith@cmglp.com Telephone: 239-280-0487 x13205 Remainder of Page Intentionally Left Blank New Season Treatment Center 2024-04 Opioid Page 10 Opioid Settlement Funds 160 4 PART II AGREEMENT CONTROL REQUIREMENTS 2.1 AUDITS During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit F)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 SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Contractor audits and if applicable, Florida Statutes, section 215.97 (Florida Single Audit Act). Pursuant to Florida Statutes section 215.97 (Florida Single Audit Act), if SUBRECIPIENT expends a total amount of State awards equal to or in excess of$750,000 in any fiscal year, it must conduct a State single or project-specific audit for such fiscal year, in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapter 10.650,Rules of the Auditor General. SUBRECIPIENT shall ensure that the audit complies with the requirements of section 215.97(8),Florida Statutes. This includes submission of a reporting package, as defined by section 215.97(2), Florida Statutes, and Chapter 10.650, Rules of the Auditor General. The financial reporting package must be delivered to the COUNTY within 60 days after receipt by the SUBRECIPIENT, but not later than 180 days after the SUBRECIPIENT's fiscal year end. SUBRECIPIENT shall submit the financial reporting package and Exhibit F to the Program Manager. If SUBRECIPIENT spends less than $750,000 in State awards in its fiscal year, it is not required to conduct a Single Audit in accordance with the provisions of Section 215.97,Florida Statutes.In addition, if SUBRECIPIENT expends less than$750,000 in State awards in its fiscal year and still elects to conduct an audit in accordance with provisions of Section 215.97, Florida Statutes,the cost of the audit must be paid from non-State funds. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records in accordance with Attorney General and DCF program regulations,as provided in Exhibits A and B,to verify compliance with the requirements of this Agreement,the OPIOID Program,and all other applicable laws and regulations.This documentation shall include, but is not limited to the following: New Season Treatment Center 2024-04 Opioid Page 11 Opioid Settlement Funds 1 6 D 4 A. All records required by Florida Plan regulations. B. SUBRECIPIENT shall establish and maintain books, records, and documents (including electronic storage media)sufficient to reflect all income and expenditures of OPIOID Funds. Upon demand, at no additional cost to the State or COUNTY, SUBRECIPIENT will facilitate the duplication and transfer of any records or documents during the term that it receives any OPIOID Funds and the required retention period for the State or COUNTY. These records shall be made available at all reasonable times for inspection, review, copying, transfer, or audit by Federal, State, or other personnel duly authorized by the State or COUNTY. C. SUBRECIPIENT shall create and maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. D. SUBRECIPIENT shall make available to the COUNTY or CHS,at any time upon request,all reports, plans, surveys, information, documents, maps, books,records, and other data procedures developed, prepared, assembled, or completed by 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. 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. 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 maintain all documents and records in an orderly fashion in a readily accessible,permanent,and secured location for six(6)years after it ceases to receive OPIOID Funds.However,if any litigation, claim, or audit is started before the expiration date of the six (6) year period, the records will be maintained for six (6) years after all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it will notify the COUNTY in writing, of the address where the records are to be kept, as outlined in Florida Statute Chapter 119. 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 compatible with the COUNTY's information technology systems. 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, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239- 252-5837, Angel.Bates@acolliercountyfl.gov, 3299 Tamiami Trail East, Naples, FL 34112. New Season Treatment Center 2024-04 Opioid Page 12 Opioid Settlement Funds I 6 D 4 E. SUBRECIPIENT shall document how it complied with the Program components, the applicable regulations, and the eligibility requirement(s) under which Funding was received. This includes special requirements such as necessary and appropriate determinations. F. 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. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed,except as authorized by Chapter 119,Florida Statutes. 2.3 MONITORING SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon request by CHS, submit information and status reports required by CHS, Attorney General, or DCF,to enable CHS to evaluate said progress and allow for completion of required reports. Subject to the provisions of Title 42 C.F.R.Part 2 governing the confidentiality of substance use disorder patient information. SUBRECIPIENT shall allow CHS, Attorney General, DCF, or the State of Florida to monitor SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS,Attorney General,DCF,or the State of Florida. Subject to the provisions of Title 42 C.F.R.Part 2 governing the confidentiality of substance use disorder patient information, and at any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records,documentation, and any other data relating to all matters covered by the Agreement. COUNTY will monitor SUBRECIPIENT's performance to mitigate fraud, waste, abuse, or nonperformance based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement,further defined by Florida Statute 215.85. Substandard Performance,as determined by the COUNTY,will constitute noncompliance with this Agreement.If SUBRECIPIENT does not take corrective action within a reasonable time period after being notified by the COUNTY,Agreement suspension or termination procedures may be initiated. Subject to the provisions of Title 42 C.F.R. Part 2 governing the confidentiality of substance use disorder patient information, SUBRECIPIENT agrees to provide State of Florida Auditors, DCF, the Florida Office of Inspector General,the COUNTY,or the COUNTY's internal auditor(s)full access to and the right to examine all records and documents related to performance of activities in this Agreement,regardless of the form in which they are kept. Subject to the provisions of Title 42 C.F.R.Part 2 governing the confidentiality of substance use disorder patient information, SUBRECIPIENT shall comply and cooperate immediately with any inspections, reviews,investigations,or audits deemed necessary by The Office ofthe Inspector General(section 20.055, F.S.)or the State. New Season Treatment Center 2024-04 Opioid Page 13 Opioid Settlement Funds 1 6 D 4 Subject to the provisions of Title 42 C.F.R.Part 2 governing the confidentiality of substance use disorder patient information, no record may be withheld, nor may SUBRECIPIENT attempt to limit the scope of any of the foregoing inspections,reviews,copying,transfers,or audits based on any claim that any record is exempt from public inspection or is confidential, proprietary or trade secret in nature; provided, however, that this provision does not limit any exemption to public inspection or copying of any such record. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SUBRECIPIENT shall establish,maintain, and utilize internal control systems and procedures necessary to prevent, detect,and correct incidents of fraud, waste,and abuse in the performance of this Agreement, and provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented and readily available for monitoring by COUNTY. Subject to the provisions of Title 42 C.F.R.Part 2 governing the confidentiality of substance use disorder patient information, SUBRECIPIENT shall provide COUNTY with complete access to all its records, employees,and agents for the purpose of monitoring or investigating the performance of this Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent fraud, waste,and abuse. 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 the COUNTY,or any appropriate law enforcement authority,if the report is made in good faith. 2.5 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in the withholding of payment or issuance of a Notice of Non-Compliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of January,April,July, and October,respectively,for the prior quarter period end. As part of the report submitted in October or when final services are delivered,whichever is earlier, SUBRECIPIENT also agrees to include a comprehensive final report covering the agreed-upon Program objectives,activities,and expenditures, including but not limited to,performance data on client feedback with respect to the goals and objectives set forth in Exhibit E,to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes,changes in reporting requirements,the need for additional information or documentation arises, and/or if legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. SUBRECIPIENT will use the Opioid Data Management System (ODMS)as the platform for submitting Implementation Plans, Financial Reports, and service records. Services funded out of the opioid New Season Treatment Center 2024-04 Opioid Page 14 Opioid Settlement Funds I 6 D 4 settlement will not be reported into DCF's Financial and Services Accountability Management System (FASAMS). The ODMS is available under the Resources tab at https://floridaopioidsettlement.com and SUBRECIPIENT must request access to the system by sending an email to HQW.SAMH.Opioid.Data.Access.Supportna,myflfamilies.com. The ODMS offers a secure platform for uploading, validating, and reviewing data. According to the ODMS User Manual, users designated as County/Municipality Submitters will have the ability to report financial expenditures and upload implementation plan documents specific to their designated county or municipality. An Electronic Data Exchange(EDI)837 file is an electronic form used by healthcare providers to submit claims to payors. Most providers that have Electronic Health Records use 837 files to submit data for payment.More specifically, an"837P"or and"837I"will be used. All X12 837 claim files will be submitted to DCF through a batch process to reduce administrative burdens. A recording of the 837 training will be made available in the future on the Florida Opioid Settlement website. SUBRECIPIENT must ensure secure data sharing, confidentiality, and privacy in accordance with all applicable rules and statutes. All data contained within the ODMS is sensitive and privileged information and shall be handled accordingly.To maintain the integrity of this information,the records will be accorded proper management and security, and will only be accessed and used by authorized personnel in accordance with state and federal law. The COUNTY will require completion of HIPAA and Department of Children and Families security training modules before being granted access to any direct or subcontracted staff.Regular data audits should be conducted to ensure data integrity and identify any discrepancies or errors for timely correction. According to the DCF 837 Professional Health Care Claim Companion Guide, the following data elements,among others, are part of the X 12N 837 Professional Loop: • Various billing provider descriptive information • Various descriptive information on Payers • Member Policy Numbers(including a Pregnancy Indicator) • Claim information • Health Care Diagnosis Code • Service Facility information • National Drug Codes Remainder of Page Intentionally Left Blank New Season Treatment Center 2024-04 Opioid Page 15 Opioid Settlement Funds 1 6 D 4 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all,shall be at the COUNTY's sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements as outlined in the Florida Plan. SUBRECIPIENT also agrees to comply with all other applicable State and Local laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program, for political activities, inherently religious activities, lobbying, political patronage,and/or nepotism activities. 3.3 INDEPENDENT SUBRECIPIENT 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. SUBRECIPIENT shall always remain an "independent SUBRECIPIENT" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement benefits, life and/or medical insurance, and Workers' Compensation Insurance as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's Board. Such amendments shall not invalidate this Agreement,nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or Local regulations, guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the Funding,the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT. New Season Treatment Center 2024-04 Opioid Page 16 Opioid Settlement Funds lip 4 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from the State of Florida, Attorney General and DCF provided OPIOID Settlement funds and must be implemented in full compliance with all Attorney General and DCF rules and regulations and any agreement between COUNTY and Attorney General governing OPIOID Funds pertaining to this Agreement. In the event of curtailment or non-production of said State Funds, the financial sources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available.In that event,the COUNTY may terminate this Agreement,which shall be effective as of the date it is determined by the County Manager or designee,in his or her sole discretion and judgment,that the Funds are no longer available. In the event of such termination, 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 DEFAULTS,REMEDIES,AND TERMINATION This Agreement may be terminated for convenience by either the COUNTY or 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 agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and Attorney General or DCF guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the Project. In the event of any default by the SUBRECIPIENT under this Agreement,the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement,in whole or in part. B. Require the use of,or change in,professional property management. C. Require SUBRECIPIENT to immediately repay to the COUNTY all OPIOID Funds received under this Agreement. D. Apply sanctions, if determined by the COUNTY to be applicable, E. Stop all payments until identified deficiencies are corrected. New Season Treatment Center 2024-04 Opioid Page 17 Opioid Settlement Funds 1 6 D 4 F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein,the SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.7 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Contractors, Developers, or any entity receiving Settlement funds from CHS. The escalation policy for noncompliance is as follows: A. Initial noncompliance may result in CHS issuing Findings or Concerns to SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance(TA)to SUBRECIPIENT,as needed, in order to correct the noncompliance issue. B. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require SUBRECIPIENT to return a portion of the awarded Settlement Funds to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY,at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No.2013- 228 C. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of its substantial noncompliance by certified mail, CHS may require SUBRECIPIENT to return to the COUNTY a portion of the awarded Agreement amount, or the amount of the investment for acquisition of the properties conveyed. • CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY,at the discretion of the Board. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228 D. If after repeated notification SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the New Season Treatment Center 2024-04 Opioid Page 18 Opioid Settlement Funds 1 6 D 4 project that was terminated.This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228 If SUBRECIPIENT has multiple Agreement s with CHS and is found to be noncompliant,the above sanctions may be imposed across all awards at the Board's discretion. 3.8 INDEMNIFICATION To the maximum extent permitted by Florida law, 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 which otherwise may be available to an indemnified party or person described in this paragraph. 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. 3.9 AGENCY RECOGNITION/SPONSORSHIPS As required by §286.25, F.S., SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of Program sponsorships, research reports, and similar public notices, whether printed or digital, SUBRECIPIENT has prepared and released for, on behalf of, and/or about the Program shall include the statement: "SPONSORED IN PART BY NEW SEASON, STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" The words "State of Florida, Department of Children and Families" shall appear in the same size letters or type as the SUBRECIPIENT's name. This design concept is intended to disseminate key information to the general public regarding the development team as well as Equal Housing Opportunity.Construction signs shall comply with applicable COUNTY codes. New Season Treatment Center 2024-04 Opioid Page 19 Opioid Settlement Funds 1,6 D 4 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit C, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. SUBRECIPIENT shall furnish a Certificate of Insurance naming Collier County Board of County Commissioners as an additional insured with general liability limits of at least$1,000,000 per occurrence in accordance with Exhibit C. 3.11 PURCHASING All procurement of consumables, capital equipment, and services shall be made by purchase order or written contract and in conformity and full compliance with the procedures prescribed by applicable Florida Statutes (e.g., section 287.017) and the Collier County Purchasing Policy, whichever is more stringent. Collier County Ordinance No. 2017-08 allows for contracting with not-for-profits through the approved exemption. Collier County Purchasing Threshold Policy Dollar Range($) Competition Required $0 -$50,000 3 Written Quotes $50,001+ Formal Solicitation(RFP,IFB etc.) All improvements specified in Part I Scope of Work,shall be performed by SUBRECIPIENT employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY and State of Florida requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible and qualified bidder. Contract administration shall be managed by SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. As provided in section 287.133,Florida Statutes,by entering into this Agreement or performing any work in furtherance hereof, SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by section 287.133(3)(a),Florida Statutes. 3.12 DEBARMENT SUBRECIPIENT certifies that none of its officers or agents has been debarred from bidding,proposing, or contracting for Federal, State, or Local government programs. SUBRECIPIENT assures that all its subcontractors who will participate in activities,subject to this Agreement,are eligible and have not been debarred. 3.13 CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to making final payments,disposing of program assets(including the return of all unused materials, equipment,program income balances, and receivable accounts to the COUNTY), closeout monitoring, and determining the New Season Treatment Center 2024-04 Opioid Page 20 Opioid Settlement Funds 1 6 D 4 custodianship of records. In addition to the records retention outlined in Section 2.2 (Records and Documentation)of this Agreement,SUBRECIPIENT shall comply with section 119.021,Florida Statutes regarding records maintenance,preservation, and retention.A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. SUBRECIPIENT must return to the COUNTY any balance of unobligated Funds which have been advanced or paid. SUBRECIPIENT must also return to the COUNTY any funds paid exceeding the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement. SUBRECIPIENT shall produce records and information that comply with Florida Statutes section 215.97,the Florida Single Audit Act. 3.14 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of or be subjected to discrimination based on race,creed,color,religion,national origin,sex,handicap,familial status,marital status,or age under any activity carried out by SUBRECIPIENT in performance of this Agreement. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this Agreement. SUBRECIPIENT will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post notices setting forth the provisions of this nondiscrimination clause in conspicuous places available to employees and applicants for employment. 3.15 PROHIBITED ACTIVITY SUBRECIPIENT,or personnel employed in the administration of the program,are prohibited from using Funds provided herein, for political activities, sectarian or religious activities, lobbying, political patronage, and/or nepotism activities. 3.16 CONFLICT OF INTEREST 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,which would conflict in any manner or degree with the performance of this Agreement. SUBRECIPIENT also covenants that is will not employ or subcontract with any person having any conflict of interest. SUBRECIPIENT agrees that it will comply with all provisions of"Conflict of Interest," per Florida Statutes section 287.057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. All SUBRECIPIENT employees who work on activities associated with this Agreement shall complete the Subrecipient/Developer/Vendor Conflict of Interest Disclosure Form prior to execution of this Agreement. Any employees hired later during the period of performance for this Agreement who will work on activities associated with this Agreement shall also complete and submit to the COUNTY the Conflict-of-Interest Disclosure Form. 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 New Season Treatment Center 2024-04 Opioid Page 21 Opioid Settlement Funds 16D 4 that the SUBRECIPIENT is qualified, and the costs are reasonable. Approval of an identity of interest contract will be at the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the Project using its own employees. 3.17 CONDITIONS FOR RELIGIOUS ORGANIZATIONS OPIOID Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Florida Statutes section 196.011.SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct OPIOID Funds to support any inherently religious activities, such as worship,religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition,construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, OPIOID Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to OPIOID Funds in this part. Sanctuaries,chapels,or other rooms that an OPIOID funded religious congregation uses as its principal place of worship,however, are ineligible for OPIOID funded improvements. 3.18 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPIENT and any subcontractors shall report to the COUNTY any knowledge or reasonable suspicion of abuse, neglect,or exploitation of a child, aged person,or disabled person. During the term of this Agreement,SUBRECIPIENT must report to the COUNTY in writing,within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Standard Incident Report Form(Exhibit G)shall be used to report all such incidents. SUBRECIPIENT and any subcontractor must comply with and inform its employees of the following mandatory reporting requirements. Each of the SUBRECIPIENT'S employes, and of any subcontractor, providing services in connection with this Agreement who has knowledge of a reportable incident shall report such incident as follows: • A reportable incident is defined in CFOP 180-4 • Reportable incidents that may involve an immediate or impending impact on the health or safety New Season Treatment Center 2024-04 Opioid Page 22 Opioid Settlement Funds 1 6 D 4 of a client shall be immediately reported to DCF's Office of Inspector General and the COUNTY'S Program Manager • Other reportable incidents shall be reported to DCF's Office of Inspector General within two(2) business days of discovery,through the internet at: https://www.myflfami 1es.com/about/additional-services-offices/office-inspector- general/investigations/inspector-general or by completing a Notification/Investigation Request (Form CF 1934) and emailing the request to the Office of Inspector General at: IG.Complaintsna,myflfamilies.com.The SUBRECIPIENT and subcontractor shall mail or fax the completed forms to the Office of Inspector General, 2415 North Monroe Street, Suite 400, Tallahassee,FL 32303-4190; or(850)488-1428. 3.19 ENFORCEMENT OF AGREEMENT The benefits of this Agreement shall inure to and may be enforced by the COUNTY for the duration of the Agreement. SUBRECIPIENT warrants that it has not,and will not,execute any other agreement with provisions contradictory to, or in opposition to the provisions hereof, and that, in any event, the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. 3.20 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid,such determination shall not affect the validity or enforceability of any other section or part thereof. 3.23 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY'S or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor,that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. New Season Treatment Center 2024-04 Opioid Page 23 Opioid Settlement Funds • ibD 4 The Agreement Documents shall be construed in accordance with and governed by the laws of the State of Florida,without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, e-mail,or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original written signatures. 3.24 COPYRIGHTS AND PATENTS If this Agreement results in a book or other copyright or patent materials,SUBRECIPIENT may copyright or patent such, but Collier County and the State of Florida reserve a royalty-free, nonexclusive, and irrevocable license to reproduce,publish,or otherwise use such materials and to authorize others to do so. 3.25 WAIVER The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank New Season Treatment Center 2024-04 Opioid Page 24 Opioid Settlement Funds 16D 4 PART IV GENERAL PROVISIONS 4.1 Executive Order 11246("Equal Employment Opportunity"),as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item#8 below 4.2 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC§2000e,et.seq.SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of SUBRECIPIENT,state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 I U.S. Equal Employment Opportunity Commission(eeoc.gov) 4.3 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.4 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 I Congress.gov I Library of Congress 4.5 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either (i) submitted a false claim for Settlement funds under the False Claims Act or(ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,or similar misconduct involving subaward agreement funds 4.6 Political Activities Prohibited: None of the Funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any Funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.7 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly,any favor,gift,loan,fee,service,or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.colliergov.net/home/showdocument?id=3 5137 4.8 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the SUBRECIPIENT at Owner's discretion. New Season Treatment Center 2024-04 Opioid Page 25 Opioid Settlement Funds 16D 4 4.9 Venue -Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.10 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval.Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS Agreement. https://www.fl senate.gov/Laws/Statutes/2012/44.102 4.11 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof This notice is required by §287.133 (3)(a),Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&URL=020 0-0299/0287/Sections/0287.133.html 4.12 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1,2021. http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400- 0499/0448/0448.html For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,the SUBRECIPIENT shall participate in, and use, E-Verify(www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient(or contractor)uses E-Verify(and follows the proper E-Verify procedures,including in the event of a"Tentative Non-confirmation"or a"Final Non- confirmation")to confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or in part)with award funds. Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E- Verify website(https://www.e-verify.gov/)or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-VerifyEmployerAgentAdhs.gov. 4.13 Unauthorized Aliens shall not be employed. Employment of unauthorized aliens shall be cause for unilateral cancellation of this Agreement by the COUNTY for violation of§274A of the Immigration and Nationality Act. SUBRECIPIENT and its subcontractors will enroll in and use the E-Verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and its subcontractors' employees performing under this Agreement. Employees assigned to New Season Treatment Center 2024-04 Opioid Page 26 Opioid Settlement Funds 16D 4 this Agreement means all persons employed or assigned (including subcontractors) by the SUBRECIPIENT or subcontractor, during the Period of Performance, to perform work pursuant to this Agreement within the United States and its territories. 4.14 Florida Statutes section 119.021 Records Retention Statutes&Constitution: View Statutes: Online Sunshine(state.fl.us) 4.15 Florida Statutes section 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.16 2 CFR 200.15 Never contract with the enemy.Federal agencies,recipients,subrecipients,and contractors are subject to the guidance implementing Never Contract with the Enemy in 2 CFR part 183. https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.215 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-183 4.17 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, 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 the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. eCFR:: Appendix A to Part 175, Title 2--Award Term Pursuant to Florida Statues 787.06, SPONSOR attests that it does not use coercion for labor or services. SUBRECIPIENT shall provide an affidavit, under penalty of perjury, signed by an officer or representative of the organization attesting that it does not use coercion for labor services. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0787/Sections/0787.06.html 4.18 Whistleblower Protections: a. In accordance with 2 CFR 200.217 and 41 U.S.C. §4712,the SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information 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 grant, a substantial and specific danger to public health or safety,or a violation of law,rule, or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate,discover, or address misconduct. New Season Treatment Center 2024-04 Opioid Page 27 Opioid Settlement Funds 160 4 The SUBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies provided under 2 CFR 200.217 and 41 U.S.C. § 4712, in the predominant native language of the workforce. https://uscode.house.gov/view.xhtml?req=(title:41%20section:4712%20edition:prelim) All SUBRECIPIENT employees directly involved with activities associated with this Agreement shall complete and submit to the COUNTY the Collier County Whistleblower Protections Certification form (Exhibit H) prior to execution of this Agreement. Any new employees hired during the period of performance of this Agreement shall also complete and submit the form to the COUNTY. 4.19 Federal Whistleblower Requirements. Pursuant to §11(c) of the OSH Act of 1970 (29 U.S.C. §660(c)) and the subsequent federal laws expanding the act,the SUBRECIPIENT is prohibited from discriminating against employees for exercising their rights under the OSH Act. Details of the OSH Act are located at: http://www.whistleblowers.gov. 4.20 Employment Screening. As described in CFOP 60-25, Chapter 2 (implementing § 110.1127, F.S.), as a condition of initial and continued employment, the SUBRECIPIENT shall ensure all staff, whether employees or independent contractors, are screened by DCF in accordance with chapter 435, F.S., are of good moral character,and meet the Level 2 Employment Screening standards in§ 435.04, 110.1127,and 39.001(2),F.S., including: • Employment history checks • Fingerprinting for all criminal record checks • Statewide criminal and juvenile delinquency records checks through Florida Department of Law Enforcement(FDLE) • Federal criminal records checks from the Federal Bureau of Investigation via the Florida Department of Law Enforcement • Security background investigation, which may include criminal record checks by local law enforcement agencies; and • Attestation by each employee, subject to penalty of perjury, to meeting the requirements for qualifying for employment pursuant to Chapter 435, F.S., and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer. SUBRECIPIENT shall sign the Florida Department of Children and Families Employment Screening Affidavit each state fiscal year(no two such affidavits will be signed more than 13 months apart)for the term of this Agreement, stating that all required staff have been screened or the SUBRECIPIENT is awaiting the results of screening. 4.21 Use of Funds for Diversity, Equity, and Inclusion Prohibited. No State funding under this Agreement is being provided for, promoting, advocating for, or providing training or education on"Diversity, Equity, and Inclusion" (DEI). DEI is any program, activity, or policy that classifies individuals on the basis of race, color, sex, national origin, gender identity, or sexual orientation and promotes the position that a group or an individual's action is inherently, unconsciously, or implicitly biased on the basis of such classification. 4.22 Health Insurance Portability and Accountability Act (HIPAA): Should this Agreement involve SUBRECIPIENT access to protected health information(PHI)the SUBRECIPIENT shall be a"Business Associate"limited to the following permissible uses and disclosures.Reference to a section in the HIPAA New Season Treatment Center 2024-04 Opioid Page 28 Opioid Settlement Funds 16D 4 Rules means the section as in effect or as amended. The SUBRECIPIENT shall assist the COUNTY in amending this Agreement to maintain compliance with HIPAA Rules and any other applicable law requirements. Any ambiguity in this section will be interpreted to permit compliance with the HIPAA Rules.Within the COUNTY,the Grant Manager has been designated the HIPAA privacy Officer. • Catch-all Definitions.The following terms as used in this section have the same meaning as those terms in the HIPAA Rules:Breach,Data Aggregation,Designated Record Set,Disclosure,Health Care Operations,Individual,Minimum Necessary,Notice of Privacy Practices,Protected Health Information, Required by Law, Security Incident, Unsecured Protected Health Information, and Use. • Specific Definitions: o Business Associate has the same meaning as the term "business associate" at 45 CFR §160.103. o Covered Entity has the same meaning as the term "covered entity"at 45 CFR§160.103, and for purposes of this Agreement includes the COUNTY. o HIPAA Rules will mean the Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR Parts 160 and 164. o Subcontractor has the same meaning as the term subcontractor at 45 CFR §160.103 and includes individuals to whom a Business Associate delegates a function, activity, or service other than as a member of the workforce of such Business Associate. 4.23 SUBRECIPIENT Obligations and Activities. The SUBRECIPIENT shall: • Not use or disclose PHI except as permitted or required by section 4.22 above, or by law. • Use the appropriate administrative safeguards in 45 CFR § 164.308, physical safeguards in 45 CFR§ 164.310,and technical safeguards in 45 CFR§ 164.312;including policies and procedures regarding the protection of PHI in 45 CFR § 164.316 and the provisions of training on such policies and procedures to applicable employees, independent providers, and volunteers, that reasonably and appropriately protect the confidentiality, integrity, and availability of the PHI Provider may create,receive,maintain or transmit on the SUBRECIPIENT'S behalf. • Acknowledge that the foregoing safeguards, policies, and procedures requirements apply to the SUBRECIPIENT in the same manner as such requirements apply to the COUNTY; and the SUBRECIPIENT and its subcontractors are directly liable under the civil and criminal enforcement provisions § 13409 and 13410 of the HITECH Act, 45 CFR § 164.500 and 164.502(E) of the Privacy Rule (42 U.S.C. 1320d-5 and 1320d-6), as amended, for failure to comply with the safeguards,policies,and procedures requirements and resulting U.S.Health and Human Services(HHS)guidance thereon. • Report to the COUNTY any use or disclosure of PHI not permitted by section 4.22 above, including breaches of unsecured PHI as required at 45 CFR§ 164.410,and any security incident. • Notify the COUNTY'S HIPAA Security Officer, HIPAA Privacy Officer, and Grant Manager within 120 hours after finding a breach or potential breach of personal and confidential data. • Notify the COUNTY'S HIPAA Privacy Officer and Grant Manager within 24 hours of HHS notification of any investigations, compliance reviews, or inquiries concerning violations of HIPAA. • Provide additional information requested by the COUNTY for investigation of or response to a breach. New Season Treatment Center 2024-04 Opioid Page 29 Opioid Settlement Funds 1 6 D 4 • Provide, at no cost, notice to affected parties within 30 days of determination of any potential breach of personal or confidential data of the Department (§ 501.171, F.S.); implementation of the COUNTY'S prescribed measures to avoid or mitigate potential injury to any person due to a breach or potential breach of personal and confidential data of the COUNTY; and, immediate actions limiting or avoiding recurrence of any breach or potential breach and any actions required by applicable federal and state laws and regulations regardless of the COUNTY'S actions. • In accordance with 45 CFR § 164.502(e)(1)(ii) and 164.308(b)(2), as applicable, ensure all entities creating, receiving, maintaining, or transmitting PHI on the SUBRECIPIENT'S behalf are bound to the same restrictions, conditions, and requirements as the SUBRECIPIENT by written contract or other written agreement meeting the applicable requirements of 45 CFR § 164.504(e)(2) that the entity will appropriately safeguard the PHI. For prior contracts or other arrangements, the SUBRECIPIENT shall provide written certification its implementation complies with 45 CFR § 164.532(d). • Make PHI available in a designated record set to the COUNTY as necessary to satisfy the COUNTY'S 45 CFR§ 164.524 obligations. • Make any amendment to PHI in a designated record set as directed or agreed to by the COUNTY, per 45 CFR§ 164.526,or take other measures as necessary to satisfy the COUNTY'S 45 CFR§ 164.526 obligations. • Maintain and make available the information required to provide an accounting of disclosures to a covered entity as needed to satisfy the COUNTY'S 45 CFR§ 164.528 obligations. • To the extent the SUBRECIPIENT carries any obligation under 45 CFR Subpart E, comply with the requirement of Subpart E that apply to the COUNTY in the performance of that obligation; and • Make internal practices, books, and records available to HHS for determining HIPAA rule compliance. 4.24 COUNTY Notifications Affecting SUBRECIPIENT Disclosure of PHI. The COUNTY will notify the SUBRECIPIENT, to the extent it may affect SUBRECIPIENT'S use or disclosure of PHI, of 45 CFR § 164.520 limitations in the Notice of Privacy Practices; of changes in, or revocation of, an individual's permission to use or disclose PHI; or of any restriction on the use or disclosure of PHI information the COUNTY has agreed to or is required to abide by under 45 CFR§ 164.522. 4.25 Termination Regarding PHI. • Termination for Cause. Upon the COUNTY'S knowledge of a material breach of the SUBRECIPIENT'S duties under 4.20 above,the COUNTY may: (a)provide the SUBRECIPIENT opportunity to cure the breach within the COUNTY'S specified timeframe; (b) immediately terminate the Agreement or discontinue access to PHI; or(c)if termination or cure are not feasible, the COUNTY will report the breach to the Secretary of HHS. • SUBRECIPIENT obligations under Termination.Upon termination,SUBRECIPIENT,with respect to PHI received from the COUNTY,or created,maintained,or received on behalf of the COUNTY, will: (a)retain on PHI necessary to continue proper management and administration or to carry out legal responsibilities; (b)return PHI not addressed in(a)to the COUNTY or its designee; (c)upon the COUNTY'S permission, destroy PHI the SUBRECIPIENT maintains in any form; (d)continue to use appropriate safeguards and comply with Subpart C of 45 CFR 164 with respect to electronic PHI to prevent use or disclosure of PHI, other than as provided for in(a) for retained PHI; (e) not New Season Treatment Center 2024-04 Opioid Page 30 Opioid Settlement Funds 1 6 D 4 use or disclose retained PHI other than for purposes for which PHI was retained and subject to the same conditions that applied prior to termination;and(f)comply with(b)and(c)when retained PHI is no longer needed under(a) • Obligations in the preceding paragraph survive termination. The SUBRECIPIENT represents and warrants that no part of the funding under this Agreement will be used in violation of any federal or state law, including but not limited to, 8 U.S.C. §1324 or 8 U.S.C. §1325, or to aid or abet another in violating federal or state law. The COUNTY may terminate this Agreement at any time if the SUBRECIPIENT violates or aids or abets another in violating any state or federal law. 4.26 Public Entity Crime and Discriminatory Contractors. Pursuant to §287.133 and 287.134, F.S., the following restrictions are placed on the ability of persons placed on the convicted vendor list or the discriminatory vendor list. When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, or any entity or affiliate has been placed on the discriminatory vendor list, such person, entity, or affiliate may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with a public entity; and may not transact business with any public entity; provided, however,that the prohibition on persons or affiliates placed on the convicted vendor list is limited to business in excess of the threshold amount provided in §287.017, F.S., for CATEGORY TWO for 36 months from the date of being placed on the convicted vendor list. 4.27 PRIDE. It is expressly understood and agreed that any articles which are the subject of, or required to carry out,this Agreement shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in §946.515(2) and(4),F.S.; and for purposes of this Agreement,the person,firm,or other business entity carrying out the provisions of this Agreement shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. 4.28 Continuing Oversight Teams. The SUBRECIPIENT shall comply with the provisions of§287.057(26), F.S., as applicable, establishing and governing conduct of Continuing Oversight Teams for contracts of $5 million or more. 4.29 Major Disasters and Emergencies. The Stafford Act allows federal assistance for major disasters and emergencies upon a declaration by the President. Upon the declaration, the COUNTY is authorized to apply for federal reimbursement from the Federal Emergency Management Agency (FEMA) to aid in response and recovery from a major disaster. The SUBRECIPIENT shall request reimbursement for eligible expenses through the COUNTY with payment subject to FEMA approval and reimbursement. 4.30 Executive Compensation Reporting.Annually on or before May 1,SUBRECIPIENT shall complete and return the Executive Compensation Annual Report(Form PCMT-08), located at: https://myflfam it ies.com/sites/default/fi les/2025- 03/Executive%20Compensation%20Annual%20Report_0.pdf. New Season Treatment Center 2024-04 Opioid Page 31 Opioid Settlement Funds 1SD 4 In accordance with §216.1336, F.S., if the SUBRECIPIENT is a nonprofit as defined in §215.97(2)(m), F.S., SUBRECIPIENT must provide documentation to the COUNTY that indicates the amount of state funds: • Allocated to be used during the full term of the Agreement for remuneration to any member of the Board of Directors or an officer of the contractor. • Allocated under each payment by the COUNTY to be used for remuneration of any member of the Board or Directors or an officer of the contractor. The documentation must indicate the amounts and recipients of the remuneration. If the SUBRECIPIENT maintains a website, information provided pursuant to the statement above must be posted on the website. 4.31 Recycled Products.The SUBRECIPIENT shall procure any recycled products or materials,which are the subject of or are required to carry out this Agreement, in accordance with §403.7065,F.S. 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 New Season Treatment Center 2024-04 Opioid Page 32 Opioid Settlement Funds 1 6 D 4 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 . BOARD OF COUNTY COMMISSIONERS a `����j� COLLIER COUNTY, FLORIDA :— 4—.:. ,., plity r By: / , dd _ / se'!' y' _ : rr L. S • UN a E' S,CHAIRPERSON 0411.vt3 EAL Date: SAC/ 5 tc Chatrmants signature only AS TO SUBRECIPIENT WITNESSES: J METRO TREATMENT OF FLORIDA, L.P. Li ____ Wit ls#1 Signature By /t.,[eGC 1 in4A-z_ S EN, CHIEF EXECUTIVE OFFICER Witness#1 Printed ame ate: Z.3 - ? J Witness#2 Sign u [Please provide evidence of signing authority] 4 n d La SSv Witness#2 Printed Name Approved as to form and legality: ‘F ( ‘;11‘) ---b-)1/4 :—"Q---' Jeffrey A. Klatzkow Collier County Attorney Date 1 1 15]25 . New Season Treatment Center 2024-04 Optotd Page 33 Optotd Settlement Funds 16D 4 EXHIBIT A COLLIER COUNTY RESOLUTION 2021-136 (Florida Plan) RESOLUTION NO. 2021- t 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AUTHORIZING COLLIER COUNTY TO JOIN WITH THE STATE OF FLORIDA AND OTHER LOCAL GOVERNMENTAL UNITS AS A PARTICIPANT IN THE FLORIDA MEMORANDUM OF UNDERSTANDING AND FORMAL AGREEMENTS IMPLEMENTING A UNIFIED PLAN. WHEREAS,Collier County has suffered harm from the opioid epidemic;and WHEREAS,Collier County recognizes that the entire State of Florida has suffered harm as a result from the opioid epidemic;and WHEREAS,the State of Florida has filed an action pending in Pasco County,Florida,and a number of Florida Cities and Counties have also filed an action In re: National Prescription Opiate Litigation,MDL No.2804(N.D.Ohio)(the"Opioid Litigation")and Collier County is not a litigating participant in that action;and WHEREAS, the State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation;and WHEREAS,the Florida Memorandum of Understanding (the"Florida Plan") sets forth sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the Florida Plan will be entered into at a future date;and WNFREAS, participation in the Florida Plan by a large majority of Florida cities and counties will materially increase the amount of funds to Florida and should improve Florida's relative bargaining position during additional settlement negotiations;and WHEREAS, failure to participate in the Florida Plan will reduce funds available to the State,Collier County,and every other Florida City and County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF COLLIER COUNTY,FLORIDA: SECTION 1. That participation in the Florida Plan would be in the best interest of the Collier County and its citizens in that such a plan ensures that almost all of the settlement funds go to abate and resolve the opioid epidemic and each and every city and county receives funds for the harm that it has suffered. SECTION 2.That the Collier County Board of County Commissioners hereby expresses its support of a unified plan for the allocation and use of opioid settlement proceeds as generally described in the Florida Plan,attached hereto as Exhibit"A." [21-5Hw0250/ie42784/1] 16D 4 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 Exhibit"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 not substantially inconsistent with the Florida Plan and this Resolution. SECTION 5. 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 Board of County Commissioners is hereby directed to furnish certified copies of this Resolution to: Attorney General Ashley Moody Florida Association of Counties c\o John M.Guard 100 South Monroe Street The Capitol, PL-01 Tallahassee,FL 32301 Tallahassee,FL 32399-1050 j 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 shall in no way affect the validity of the remaining portions of this resolution. SECTION 9. This Resolution shall take effect immediately upon its adoption. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this 22nd day of June ,2021. At1 hST: BOARD OF COUNTY COMMISSIONERS Crystal K.Kitizel,Clerk of Courts COLLIER O Y,FLORID By: CbALL1 - By: Atf t 2st8.o.f4 tpac Clerk Penny Taylor,Chair signature only.; ` Ap o e as to f and legality: Co en A.Kerins t,Gyslat K wnZ�, A' 74: °�,�roheofiolCo•1id.�a�erc�unty Assistant County Attorne f r' y.:attAeo• ,esatnwa.; �„eq • 1 I mar +n�uted� Oa6i• u tr 4, 6eWhGerk Ain' ,c+ I21-sHr-00250/1M27M/11 • . iFR coo* • .. • 1. 6 D 4 El EXHIBIT PROPOSAL MEMORANDUM OF UNDERSTANDING Whereas, the people of the State of Florida and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply Chain; Whereas, the State of Florida, through its Attorney General, and certain Local Governments, through their elected representatives and counsel, are separately engaged in litigation seeking to hold Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance,nonfeasance and malfeasance; Whereas, the State of Florida and its Local Governments share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State of Florida; Whereas, it is the intent of the State of Florida and its Local 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 as 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, subject to the completion of formal documents that will effectuate the Parties' agreements, enter into this Memorandum of Understanding("MOU")relating to the allocation and use of the proceeds of Settlements described herein;and Whereas, this MOU is a preliminary non-binding agreement between the Parties, is not legally enforceable,and only provides a basis to draft formal documents which will effectuate the Parties' agreements. A. Definitions As used in this MOU: 1. "Approved Purpose(s)" shall mean forward-looking strategies, programming and services used to expand the availability of treatment for individuals impacted by substance use disorders, to: (a) develop, promote, and provide evidence-based substance use prevention strategies; (b) provide substance use avoidance and awareness education; (c) decrease the oversupply of licit and illicit opioids;and(d)support recovery from addiction. Approved Purposes shall include, but are not limited to, the opioid abatement strategies listed on Exhibits A and B which are incorporated herein by reference. 2. "Local Governments" shall mean all counties, cities, towns 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 ono,1oyo':99125 1 6 D 4 daily operational delivery of behavioral health services through a coordinated system of care.The singular"Managing Entity"shall refer to a singular of the Managing Entities. 4. "County"shall mean a political subdivision of the state established pursuant to s. I,Art.VIII of the State Constitution. 5. "Municipalities"shall mean cities,towns,or villages of a County within the State with a Population greater than 10,000 individuals and shall also include cities,towns or villages within the State with a Population equal to or less than 10,000 individuals which filed a Complaint in this litigation against Pharmaceutical Supply Chain Participants. The singular"Municipality" shall refer to a singular of the Municipalities. 6. "Negotiating Committee" shall mean a three-member group comprised by representatives of the following:(1)the State;and(2)two representatives of Local Governments of which one representative will be from a Municipality and one shall be from a County (collectively,"Members")within the State. The State shall be represented by the Attorney General or her designee. 7. "Negotiation Class Metrics"shall mean those county and city settlement allocations which come from the official wcbsite of the Negotiation Class of counties and cities certified on September 11, 2019 by the U.S. District for the Northern District of Ohio in In re National Prescription Opiate Litigation, MDL No. 2804 (ND. Ohio). The website is located at https://all ocationmap.iclaimson line.com, 8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this MOU. 9. "Opioid Related"shall have the same meaning and breadth as in the agreed Opioid Abatement Strategies attached hereto as Exhibits A or B. 10. "Parties"shall mean the State and Local Governments.The singular word"Party" shall mean either the State or Local Governments. 11. "PEC"shall mean the Plaintiffs'Executive Committee of the National Prescription Opiate Multidistrict Litigation pending in the United States District Court for the Northern District of Ohio. 12. "Pharmaceutical Supply Chain"shall mean the process and channels through 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 the manufacture,marketing,promotion,distribution or dispensing of an opioid analgesic. 14. "Population"shall refer to published U.S. Census Bureau population estimates as of July 1,2019,released March 2020,and shall remain unchanged during the term of this MOU. These estimates can currently be found at https://www.census.gov 16D 4 15. "Qualified County" shall mean a charter or non-chartered county within the State that:has a Population of at least 300,000 individuals and(a)has an opioid taskforce of which it is a member or operates in connection with its municipalities or others on a local or regional basis; (b)has an abatement plan that has been either adopted or is being utilized to respond to the opioid epidemic;(c)is currently either providing or is contracting with others to provide substance abuse prevention,recovery,and treatment services to its citizens;and(d)has or enters into an agreement with a majority of Municipalities (Majority is more than 50% of the Municipalities' total population)related to the expenditure of Opioid Funds.The Opioid Funds to be paid to a Qualified County will only include Opioid Funds for Municipalities whose claims are released by the Municipality or Opioid Funds for Municipalities whose claims are otherwise barred. 16. "SAMHSA" shall mean the U.S. Department of Ilealth & Human Services, Substance Abuse and Mental Health Services Administration. 17. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the State and Local Governments or a settlement class as described in(B)(l)below. 18. "State"shall mean the State of Florida. B. Terms 1. Only Abatement-Other than funds used for the Administrative Costs and Expense Fund as hereinafter described in paragraph 6 and paragraph 9,respectively),all Opioid Funds shall be utilized for Approved Purposes. To accomplish this purpose,the State will either file a new action with Local Governments as Parties or add Local Governments to its existing action, sever settling defendants, and seek entry of a consent order or other order binding both the State, Local Governments, and Pharmaceutical Supply Chain Participant(s) ("Order"). The Order may be part of a class action settlement or similar device. The Order shall provide for continuing jurisdiction of a state court to address non-performance by any party under the Order. Any Local Government that objects to or refuses to be included under the Order or entry of documents necessary to effectuate a Settlement shall not be entitled to any Opioid Funds and its portion of Opioid.Funds shall he distributed to,and for the benefit of, the other Local Governments. 2. Avoid Claw Back and Recoupment-Both the State and Local Governments wish to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for the Expense Funds,Administrative Costs and Approved Purposes,both Parties will agree to utilize a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A contains the programs and strategies prioritized by the U.S.Department of Justice and/or the U.S.Department of Health&Human Services("Core Strategies"). The State is trying to obtain the United States' agreement to limit or reduce the United States'ability to recover or recoup monies from the State and Local Government in exchange for prioritization of funds to certain projects. If no agreement is reached with the United States,then there will be no requirement that a percentage be utilized for Core Strategies. 16D 4 3. Distribution Scheme-All Opioid Funds will initially go to the State,and then be distributed according to the following distribution scheme.The Opioid Funds will be divided into three funds after deducting costs of the Expense Fund detailed in paragraph 9 below: (a) Cite/Count\ Fund- The city/county fund will receive 15%of all Opioid Funds to directly benefit all Counties and Municipalities. The amounts to be distributed to each County and Municipality shall be determined by the Negotiation Class Metrics or other metrics agreed upon,in writing,by a County and a Municipality. For Local Governments that are not within the definition of County or Municipality, those Local Governments may receive that government's share of the City/County Fund under the Negotiation Class Metrics,if that government executes a release as part of a Settlement. Any Local Government that is not within the definition of County or Municipality and that does not execute a release as part of a Settlement shall have its share of the City/County Fund go to the County in which it is located. (b) Regional Fund-The regional fund will be subdivided into two parts. (i) The State will annually calculate the share of each County within the State of the regional fund utilizing the sliding scale in section 4 of the allocation contained in the Negotiation Class Metrics or other metrics that the Parties agree upon. (ii) For Qualified Counties,the Qualified County's share will be paid to the Qualified County and expended on Approved Purposes, including the Core Strategies identified in Exhibit A,if applicable. (iii) For all other Counties,the regional share for each County will be paid to the Managing Entities providing service for that County. The Managing Entities will be required to expend the monies on Approved Purposes, including the Core Strategies. The Managing Entities shall endeavor to the greatest extent possible to expend these monies on counties within the State that are non-Qualified Counties and to ensure that there are services in every County. (c) State Fund - The remainder of Opioid Funds after deducting the costs of the Expense Fund detailed in paragraph 9,the City/County Fund and the Regional Fund will be expended by the State on Approved Purposes, including the provisions related to Core Strategies,if applicable. (d) To the extent that Opioid Funds are not appropriated and expended in a year by the State, the State shall identify the investments where settlement funds will be deposited. Any gains, profits, or interest accrued from the deposit of the Opioid Funds to the extent that any funds are not appropriated and expended within a calendar year,shall be the sole property of the Party that was entitled to the initial deposit. 1 6 D 4 4. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing the following sliding scale of the Opioid Funds available in any year: A. Years 1-6: 40% B. Years 7-9: 35% C. Years 10-12: 34% D. Years 13-15: 33% E. Years 16-18: 30% 5. Opioid Abatement 1 askforce or Council - The State will create an Opioid Abatement Taskforce or Council(sometimes hereinafter"Task force"or"Council")to advise the Governor, the Legislature, Florida's Department of Children and Families ("DCF"), and Local Governments on the priorities that should be addressed as part of the opioid epidemic and to review how monies have been spent and the results that have been achieved with Opioid Funds. (a) Size-The Taskforce or Council shall have ten Members equally balanced between the State and the Local Governments. (b) Appointments Local Governments - Two Municipality representatives will be appointed by or through Florida League of Cities. Two county representatives,one from a Qualified County and one from a county within the State that is not a Qualified County, will be appointed by or through the Florida Association of Counties. The final representative will alternate every two years between being a county representative(appointed by or through Florida Association of Counties)or a Municipality representative (appointed by or through the Florida League of Cities). One Municipality representative must be from a city of less than 50,000 people. One county representative must be from a county less than 200,000 people and the other county representative must be from a county whose population exceeds 200,000 people. (c) Appointments State- (I) The Governor shall appoint two Members. (ii) The Speaker of the House shall appoint one Member. (iii) The Senate President shall appoint one Member. (iv) The Attorney General or her designee shall be a Member. (d) Chair - The Attorney Genera] or designee shall be the chair of the Taskforce or Council. (e) Term-Members will be appointed to serve a two-year term. 6D 4 (f) Support-DCF shall support the Taskforce or Council and the Taskforce or Council shall be administratively housed in DCF. (g) Meetings - The Task force or Council shall meet quarterly in person or virtually using communications media technology as defined in section 120.54(5)(b)(2), Florida Statutes. (h) Reporting-The Taskforce or Council shall provide and publish a report annually no later than November 30th or the first business day after November 30th, if November 30th falls on a weekend or is otherwise not a business day. The report shall contain information on how monies were spent the previous fiscal year by the State,each of the Qualified Counties, each of the Managing Entities,and each of the Local Governments. It shall also contain recommendations to the Governor, the Legislature, and Local Governments for priorities among the Approved Purposes for how monies should be spent the coming fiscal year to respond to the opioid epidemic. (I) Accountability - Prior to July 1st of each year, the State and each of the Local Governments shall provide information to DCF about how they intend to expend Opioid Funds in the upcoming fiscal year. The State and each of the Local Government shall report its expenditures to DCF no later than August 31 st for the previous fiscal year.The Taskforce or Council will set other data sets that need to be reported to DCF to demonstrate the effectiveness of Approved Purposes. All programs and expenditures shall he audited annually in a similar fashion to SAMHSA programs. Local Governments shall respond and provide documents to any reasonable requests from the State for data or information about programs receiving Opioid Funds. (j) Conflict of Interest-All Members shall adhere to the rules,regulations and laws of Florida including, but not limited to, Florida Statute §112.311, concerning the disclosure of conflicts of interest and recusal from discussions or votes on conflicted matters. 6. Administrative Costs-The State may take no more than a 5%administrative fee from the State Fund ("Administrative Costs") and any Regional Fund that it administers for counties that are not Qualified Counties. Each Qualified County may take no more than a 5% administrative fee from its share of the Regional Funds. 7. Negotiation of Non-Multistate Settlements-If the State begins negotiations with a Pharmaceutical Supply Chain Participant that is separate and apart from a multi-state negotiation, the State shall include Local Governments that are a part of the Negotiating Committee in such negotiations. No Settlement shall be recommended or accepted without the affirmative votes of both the State and Local Government representatives of the Negotiating Committee. 8. Negotiation of Multistate or Local Government Settlements - To the extent practicable and allowed by other parties to a negotiation,both Parties agree to communicate with 16D 4 members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply Chain Participant Settlement. 9. Expense Fund-The Parties agree that in any negotiation every effort shall be made to cause Pharmaceutical Supply Chain Participants to pay costs of litigation,including attorneys' fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a fund sufficient to pay the entirety of all contingency tee contracts for Local Governments in the State of Florida is not created as part of a Settlement by a Pharmaceutical Supply Chain Participant,the Parties agree that an additional expense fund for attorneys who represent Local Governments (herein"Expense Fund")shall be created out of the City/County fund for the purpose of paying the hard costs of a litigating Local Government and then paying attorneys' fees. (a) The Source of Funds for the Expense Fund-Money for the Expense Fund shall be sourced exclusively from the City/County Fund. (b) The Amount of the Expense Fund-The State recognizes the value litigating Local Governments bring to the State of Florida in connection with the Settlement because their participation increases the amount Incentive Payments due from each Pharmaceutical Supply Chain Participant. In recognition of that value,the amount of funds that shall be deposited into the Expense fund shall be contingent upon on the percentage of litigating Local Government participation in the Settlement, according to the following table: Litigating Local Government Amount that shall be paid Participation in the into the Expense Fund Settlement(by percentage of from(and as a percentage the population) of)the City/Count fund 96 to 100% 10% 9I to 95% 7.5% 86 to 90% 5% 85% 2.5% Less than 85% 0% If fewer than 85% percent of the litigating Local Governments (by population) participate,then the Expense Fund shall not be funded,and this Section of the MOU shall be null and void. (c) The Timine of Pa%ments into the Expense Fund- Although the amount of the Expense Fund shall be calculated based on the entirety of payments due to the City/County fund over a ten to eighteen year period, the Expense Fund shall be funded entirely from payments made by Pharmaceutical Supply Chain Participants during the first two years of the Settlement. Accordingly, to offset the amounts being paid from the City/County to the Expense Fund in the first two years, Counties or Municipalities may borrow from the Regional Fund during the first two years and pay the borrowed amounts back to the Regional Fund during years three, four,and five. D 4 For the avoidance of doubt, the following provides an illustrative example regarding the calculation of payments and amounts that may be borrowed under the terms of this MOU, consistent with the provisions of this Section: Opioid Funds due to State of Florida and Local Governments(over 10 to 18 years): $1,000 Litigating Local Government Participation: 100% City/County Fund(over 10 to 18 years): $150 Expense Fund(paid over 2 years): $15 Amount Paid to Expense Fund in 1st year: $7.5 Amount Paid to Expense Fund in 2nd year $7.5 Amount that may be borrowed from Regional Fund in 1st year: $7.5 Amount that may be borrowed from Regional Fund in 2nd year: $7.5 Amount that must be paid back to Regional Fund in 3rd year: $5 Amount that must be paid back to Regional Fund in 4th year: $5 Amount that must be paid back to Regional Fund in 5th year: $5 (d) Creation of and Jurisdiction over the Expense Fund- The Expense Fund shall be established,consistent with the provisions of this Section of the MOU,by order of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County,West Pasco Division New Port Richey,Florida,in the matter of The State of Florida, Office of the Attorney General, Department of Legal Affairs v. Purdue Pharma L.P., et al., Case No. 2018-CA-001438 (the `Court"). The Court shall have jurisdiction over the Expense Fund, including authority to allocate and disburse amounts from the Expense Fund and to resolve any disputes concerning the Expense Fund. (e) Allocation of Pa ments to Counsel from the Expense Fund- As part of the order establishing the Expense Fund,counsel for the litigating Local Governments shall seek to have the Court appoint a third-neutral to serve as a special master for purposes of allocating the Expense Fund. Within 30 days of entry of the order appointing a special master for the Expense Fund,any counsel who intend to seek an award from the Expense Fund shall provide the copies of their contingency fee contracts to the special master. The special master shall then build a mathematical model,which shall be based on each litigating Local Government's share under the Negotiation Class Metrics and the rate set forth in their contingency contracts, to calculate a proposed award for each litigating Local Government who timely provided a copy of its contingency contract. 10. Dispute resolution-Any one or more of the Local Governments or the State may object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the distribution scheme as provided in paragraph 3,or(c)violates the limitations set forth herein with respect to administrative costs or the Expense Fund.There shall be no other basis for bringing an. objection to the approval of an allocation or expenditure of Opioid Funds. 6D 4 EXHIBIT B Schedule A—Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies ("Core Strategies") [such that a minimum of % of the [aggregate] state-level abatement distributions shall be spent on [one or more of] them annually].' A. Naloxone or other FDA-approved drug to reverse opioid overdoses 1. Expand training for first responders,schools,community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication-Assisted Treatment("MAT")Distribution and other opioid-related treatment 1. Increase distribution of MAT to non-Medicaid eligible or uninsured individuals; 2. Provide education to school-based and youth-focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment,outpatient therapy or counseling,and recovery housing that allow or integrate medication with other support services. C. Pregnant&Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT") services to non- Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder ("OUD") and other Substance Use Disorder ("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing,transportation,job placement/training,and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence-based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant-need dyad;and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation,job placement/training,and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. 1.As used in this Schedule A,words like"expend,""fund,""provide,"or the like shall not indicate a preference for new or existing programs.Priorities will be established through the mechanisms described in the Tenn Sheet. 16D 4 F. Treatment for Incarcerated Population 1. Provide evidence-based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence-based prevention programs in schools; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre-arrest diversion programs, post- overdose response teams,or similar strategies that connect at-risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment,access to sterile syringes,and linkage to care and treatment of infectious diseases. I. Evidence-based data collection and research analyzing the effectiveness of the abatement strategies within the State. 16D 4 Schedule B—Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER(OUD) Support treatment of Opioid Use Disorder(OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include,but are not limited to,the following:2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine(ASAM)continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs(OTPs)to assure evidence-based or evidence- informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention,treatment,and recovery services,offered by qualified professionals and service providers,such as peer recovery coaches,for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OUD(e.g.,violence,sexual assault,human trafficking, or adverse childhood experiences)and family members(e.g.,surviving family members after an overdose or overdose fatality),and training of health care personnel to identify and address such trauma. 7. Support evidence-based withdrawal management services for people with OUD and any co- occurring mental health conditions. 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training,scholarships,fellowships,loan repayment programs,or other incentives for providers to work in rural or underserved areas. 12. [Intentionally Blank—to be cleaned up later for numbering] 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 2. As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 16D 4 14. Dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids web-based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication-Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to,the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education,job placement,job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co- occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. 16D 4 C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have — or at risk of developing — OUD and any co- occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include,but are not limited to,the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat(or refer if necessary)a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders,including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges,criminal justice,and probation),with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically-appropriate follow-up care through a bridge clinic or similar approach. 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists,to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in,are at risk of becoming involved in, or are transitioning out of the criminal justice system through 1 6 D 4 evidence-based or evidence-informed programs or strategies that may include,but are not limited to, the following: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: a. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative(PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART)model; c. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or f. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT,and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision,or are in re-entry programs or facilities. 6. Support critical time interventions(CTI), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal-justice-involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES,INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to,the following: 1. Support evidence-based or evidence-informed treatment, including MAT,recovery services and supports, and prevention services for pregnant women—or women who could become pregnant —who have OUD and any co-occurring SUD/MH conditions,and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 1 6 D 4 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions,including but not limited to parent skills training. 10. Support for Children's Services—Fund additional positions and services, including supportive housing and other residential services,relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to,the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention,including providers at hospitals(academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing,dosing,and tapering patients off opioids. 3. Continuing Medical Education(CME)on appropriate prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal,evidence-informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs,by improving the interface that prescribers use to access PDMP data,or both; or c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 16D 4 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence- informed programs or strategies that may include,but are not limited to,the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration(SAMHSA). 7. Engage non-profits and faith-based communities as systems to support prevention. 8. Fund evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs,parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses,behavioral health workers or other school staff, to address mental health needs in young people that(when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS(HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence- based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, individuals at high risk of overdose, schools, community navigators and outreach workers, persons being released from jail or prison,or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone,training, and support. 16D 4 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports,health care,or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in sections C, D,and H relating to first responders,support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP,PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to,the following: 1. Statewide, regional, local, or community regional planning to identify root causes of addiction and overdose,goals for reducing harms related to the opioid epidemic,and areas and populations with the greatest needs for treatment intervention services; to support training and technical assistance; or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or visualize key opioid-related or health-related indicators and supports as identified through collaborative statewide,regional, local,or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse,or opioid overdoses,treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. � 6D 4 K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community,and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse,prevent overdoses,and treat those with OUD and any co-occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list(e.g.,health care,primary care,pharmacies,PDMPs,etc.). L. RESEARCH Support opioid abatement research that may include,but is not limited to,the following: 1. Monitoring,surveillance, data collection,and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail- based delivery of synthetic opioids. 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system,including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring(ADAM)system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. 1 6 D 4 EXHIBIT C INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County Board of County Commissioners, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213,Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County Board of County Commissioners must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than$1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per 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 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. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than 100 percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County Board of County Commissioners 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). 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. � ti0 4 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 Board of County Commissioners 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 100 percent of the replacement cost of the property.Collier County Board of County Commissioners 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 Board of County Commissioners as a Loss Payee A.T.I.M.A. 6D 4 EXHIBIT D COLLIER COUNTY COMMUNITY& HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Metro Treatment Center of Florida, L.P. d/b/a New Season Treatment Center 9 SUBRECIPIENT Address: 2770 Davis Blvd, Suite 90,Naples, FL 34104 Project Name: Opioid Settlement Funds Project No: 2024-04 Opioid Payment Request# Total Payment Minus Retainage: Period of Availability: May 1, 2025, through September 30, 2026 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS SUBRECIPIENT CHS Approved 1.Agreement Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3.Amount of Today's Request $ $ 4. Current Agreement Balance(line 1 minus 2 and 3) $ $ Activity Units of Rate Total Invoiced Service for this Month MAT $19.00 $ Transportation N/A N/A $ Total Requested $ By signing this report,I certify to the best of my knowledge and belief that this request for payment is true,complete and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the term and conditions of the State award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud,false statements, false claims or otherwise(U.S.Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812;and/or Title VI, Chapter 68, Sections 68.081-083, and Title XLVI Chapter 837, Section 837-06) or Florida Statutes, Title XLVI, 817.155. Signature Date Title Your typed name here represents your electronic signature 16D 4 EXHIBIT E QUARTERLY PROGRESS REPORT Subrecipient Name: Metro Treatment of Florida, L.P. dlb/a New Season Treatment Center 9 Report Period: Fiscal Year: Project Number: 2024-04 Opioid Organization: Project: Opioid Abatement Funds Contact Name: Local: Jeff Smith Main: Mary Beth Puckett Contact Number: Local: 239-280-0487 x13205 Main: 689-216-5191 DESCRIPTION QUARTER QUARTER QUARTER QUARTER CUMULATIVE YEARLY 1 2 3 4 TOTAL TARGET * Total Number of NEW 84 Clients served Number of clients continuing with their treatment Number of clients that finished their treatment Number of clients that left treatment Number of clients that received liquid Methadone Were there any other treatments received Counseling Care Coordination Harm Reduction Strategies Referral pathways *These are projections only and are not subject to a reduction in funds should they not be met. I hereby certify the above information is true and accurate. Name: Signature: Title: Your typed name here represents your electronic signature 16D 4 EXHIBIT F ANNUAL AUDIT MONITORING REPORT If SUBRECIPIENT expends $750,000 or more in State financial assistance during its fiscal year, it must have a State Single or Project Specific audit conducted in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), and Rules of the Auditor General. If SUBRECIPIENT expends less than $750,000 in State financial assistance during its fiscal year, it shall provide certification to the COUNTY that single audit was not required. In determining State financial assistance expended, SUBRECIPIENT must consider all sources of State financial assistance, including assistance received from Department of Children & Families, other State agencies, and other nonstate entities. This form may be used to monitor Florida Single Audit Act (Florida Statutes Section 215.97) requirements. Contract Metro Treatment of Florida, L.P. d/b/a New Season Treatment Center 9 Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total State Financial Assistance Expended $ during most recently completed Fiscal Year Check A. or B. Check C if applicable A. The state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by Section 215.97, Florida Statutes has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of Section 215.97, Florida Statutes because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date: Print Name and Title: 07/24/24 i6D 4 Collier County Community & Human Services Division EXHIBIT G INCIDENT REPORT FORM Organization Name: Metro Treatment of Florida, L.P. d/b/a New Season Treatment Center 9 Organization Address: 2770 Davis Blvd, Suite 90,Naples, FL Project No: 2024-04 Opioid Grant Coordinator: Carolyn Noble Date of Incident Time of Incident: Report Submitted By: (Name&Phone) Description of Incident: Location/Address of Incident: Was Police Report Filed? ❑ Yes ❑ No If Yes, Police Report Jurisdiction: Number: Were there any warning signs that this type of Incident could occur? ❑ 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 Naples,FL 34112 Fax:(239)252-2638 1 6 D 4 EXHIBIT H COLLIER COUNTY COMMUNITY & HUMAN SERVICES WHISTLEBLOWER PROTECTIONS AFFIDAVIT SUBRECIPIENT Name: Metro Treatment of Florida, L.P. d/b/a New Season Treatment Center 9 SUBRECIPIENT Address: 2770 Davis Blvd, Suite 9,Naples, FL Project Name: Opioid Abatement Funds Project No: 2024-04 Opioid In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712, SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information 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 law,rule,or regulation related to a federal contract(including the competition for or negotiation of 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 of a 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 workforce. By signing this affidavit,I certify that New Seasons will comply with all Whistleblower rights and protections for its employees. Name: Signature: Title: Your typed name here represents your electronic signature 16 D 4 EXHIBIT I DEPARTMENT OF ELDER AFFAIRS BACKGROUND SCREENING ATTESTATION OF COMPLIANCE - EMPLOYER AUTHORITY:ALL EMPLOYERS are required to annually submit this form attesting to compliance with the provisions of chapter 435 and section 430.0402 of the Florida Statutes. The term"employer"means any person or entity required by law to conduct background screenings,including but not limited to,Area Agencies on Aging/Aging 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 has volunteers in service who meet the definition of a direct service provider. See§§435.02,430.0402,Fla.Stat. A direct service provider is"a person 18 years of age or older who,pursuant to a program to provide services to the elderly,has direct,face-to-face contact with a client while providing services to the client and has access to the client's living areas,funds,personal property,or personal identification information as defined in s.817.568. The term also includes,but is not limited to,the administrator or a similarly titled person who is responsible for the day-to-day operations of the provider,the financial officer or similarly titled person who is responsible for the financial operations of the provider, coordinators, managers, and supervisors of residential facilities, and volunteers,and any other person seeking employment with a provider who is expected to,or whose responsibilities may require him or her to,provide personal care or services directly to clients or have access to client funds, fmancial matters,legal matters,personal property,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 Under penalty of perjury,I, (Name of Representative) hereby swear or affirm that the above-named employer is in compliance with the provisions of chapter 435 and section 430.0402 of the Florida Statutes,regarding level 2 background screening. Signature of Representative Date DOEA Form 235,Attestation of Compliance-Employer,Effective October 2023,F.S. Form available at:httos:/Jelderaffairs.org/about-us/background-screening.lbackRround-screening-clearinghousetraining- ac cessing-the-clearinghouse/ 1E6D 4 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 Department 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 the entity 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 Name of Authorized Person Signature of Authorized Person Date STATE OF FLORIDA COUNTY OF Sworn to(or affirmed)before me by means of❑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 State of Florida or from a combination of State and Federal funds? ❑Yes ❑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? ❑Yes ❑No If the answer to any question in this section is Yes,you must proceed to and complete Section 3.Otherwise, submit this form to your relevant Department Contract Manager. PCMT-08 Effective February 15,2023 1 16D 4 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 equivalent functions by their title,total annual compensation,and the percentage of compensation from state(FL%)or federal(Fed%)allocations. If any executive compensation changes prior to the next annual 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 the 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 state(FL%)or federal(Fed %)allocations.The Entity is not required to 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 Title Total Annual FL% Fed% FL Fed Compensation %(Total) PCMT-08 Effective Feb. 15,2023 2