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
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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:
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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.
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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.
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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
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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
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,
which consent, if given at all,shall be at the COUNTY's sole discretion and judgment. 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.
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3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from the State of Florida, Attorney General and DCF
provided OPIOID Settlement funds and must be implemented in full compliance with all Attorney
General and DCF rules and regulations and any agreement between COUNTY and Attorney General
governing OPIOID Funds pertaining to this Agreement. In the event of curtailment or non-production of
said State Funds, the financial sources necessary to continue to pay 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.
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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
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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.
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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
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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
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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
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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.
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•
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The Agreement Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with the
provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all
applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including
but not limited to any applicable regulations issued by the COUNTY.
Electronic Signatures. This Agreement, and related documents entered into in connection with this
Agreement, are signed when a party's signature is delivered by facsimile, e-mail,or any other electronic
medium. These signatures must be treated in all respects as having the same force and effect as original
written signatures.
3.24 COPYRIGHTS AND PATENTS
If this Agreement results in a book or other copyright or patent materials,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
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PART IV
GENERAL PROVISIONS
4.1 Executive Order 11246("Equal Employment Opportunity"),as amended by Executive Orders 11375 and
12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds
and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.2 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,
42 USC§2000e,et.seq.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.
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4.9 Venue -Any suit of action brought by either party to this Agreement against the other party, relating to
or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier
County,FL which courts have sole jurisdiction on all such matters. (No reference required for this item).
4.10 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties,the parties shall make a good faith effort to resolve any such disputes
by negotiation. Any situations when negotiations, litigation, and/or mediation shall be attended by
representatives of 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
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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.
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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
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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.
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• 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
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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.
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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
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IN WITNESS WHEREOF,the SUBRECIPIENT and the COUNTY,have each respectively,by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: AS TO COUNTY:
CRYSTAL K. KINZEL,CLERK
. 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 .
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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.
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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.
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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)
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Effective Feb. 15,2023 2