Backup Documents 09/09/2025 Item #16F 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9.9.25 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 9.5.25
Services
2. County Attorney Office— County Attorney Office CL q fq/Zv
3. BCC Office Board of County
Commissioners ( ,, ` l I/'
4. Minutes and Records Clerk of Court's Office I r
61/00
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 inf ation.
Name of Primary Staff Carolyn Noble Phone Number 239-450-5186
Contact/ Depat lment
Agenda Date Item was 9.9.25 BCC Mtg Agenda Item Number 16.F.2
Approved by the BCC
'2—
Type of Document 4•00""DOCS TO BE SIGNED FOR CORE Number of Original kORIGINAL
Attached AGREEMENT WITH CFBN 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 Cep
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 CLD 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 W' �p an option for
Chairman's signature. this line.
1 6 F 2
Attachment
Contract No.
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACTS/SUBCONTRACTS
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed
February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register(52 Fed. Reg., pages 20360 -20369).
INSTRUCTIONS
1. Each provider whose contract/subcontract equals or exceeds $25,000 in federal moneys must sign this
certification prior to execution of each contract/subcontract. Additionally, providers who audit federal programs
must also sign, regardless of the contract amount. The Department of Children and Families cannot contract
with these types of providers if they are debarred or suspended by the federal government.
2. This certification is a material representation of fact upon which reliance is placed when this
contract/subcontract is entered into. If it is later determined that the signer knowingly rendered an erroneous
certification, the Federal Government may pursue available remedies, including suspension and/or debarment.
3. The provider shall provide immediate written notice to the contract manager at any time the provider learns that
its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "debarred", "suspended", "ineligible", "person", "principal", and "voluntarily excluded", as used in this
certification, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department's contract manager for assistance in obtaining a copy
of those regulations.
5. The provider agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
contract/subcontract unless authorized by the Federal Government.
6. The provider further agrees by submitting this certification that it will require each subcontractor of this
contract/subcontract, whose payment will equal or exceed $25,000 in federal moneys, to submit a signed copy
of this certification.
7. The Department of Children and Families may rely upon a certification of a provider that it is not debarred,
suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless it knows that the
certification is erroneous.
8. This signed certification must be kept in the contract manager's contract file. Subcontractor's certification must
be kept at the provider's business location.
CERTIFICATION
(1) The prospective provider certifies, by signing this certification, that neither he nor his principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this contract/subcontract by any federal department or agency.
(2) Where the prospective provider is unable to certify to any of the statements in this certification, such
prospective provi r shall attach an explanation to this certification.
/
S nature 2s
9bate
Burt Saunders. , Chairman
Name(type or print) iy ,wr�fi� Title
CF 1125
ATTEST �....
Effective July 2015
CRYSTAL EL,CLERK
BY: k/
(CF-1125-1516) CAO
Attes a to Chairrrrari'S
signature only
16F2
Purchase Agreement#PL290
Central Florida ` Between
Behavioral Health
Network, inc. Central Florida Behavioral Health Network, Inc.
YaurManaging Entity
And
Collier County Board of County Commissioners
THIS AGREEMENT"Agreement"is entered into by and between CENTRAL FLORIDA BEHAVIORAL HEALTH NETWORK,
INC., hereinafter referred to as the"Managing Entity" and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
hereinafter referred to as the "Contractor", (Managing Entity and Contractor shall be jointly referred to herein as the
"Parties").
FOR AND IN CONSIDERATION of the mutual undertakings and agreements hereinafter set forth,the Parties agree as
follows:
1. General Description
The Department of Children and Families(DCF)requires that CFBHN enter into agreements with organizations under
the Coordinated Opioid Recovery (CORE) Network of Addiction Care and in accordance with the Florida Opioid
Allocation and Statewide Response Agreement, executed November 15,2021.
Per DOE,"According to the Florida Opioid Allocation and Statewide Response Agreement between Local Governments
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 of the opioid-related prevention,treatment,and recovery support services and opioid
abatement strategies listed in Schedule A (Core Strategies) and Schedule B (Approved Uses) from Florida Opioid
Allocation and Statewide Response Agreement. Local Governments may choose from the approved uses in Schedule
B, but priority must be given to the core strategies in Schedule A."
The Florida Opioid Allocation and Statewide Response Agreement, along with the accompanying schedules,can be
found on the following website:hflps://nationalopioidsettlement.com/states/florida/.
2. Scope of Work
The Contractor shalt perform duties and activities in accordance with Guidance 41 —Coordinated Opioid Recovery
Network of Addiction Care(CORE Network).
3. Method of Payment
a. This is a fixed price Agreement totaling 2 916._66, subject to the availability of funding, as outlined
below.
Current Fiscal Year
State Fiscal Carry Forward Total Value of
Base Funding Only
Year Funding Agreement
(Non-Recurring)
2025-2026 $0 $72,916.66 $0 $72,916.66
2026-2027 $0 $0 $0 $0
2027-2028 $0 $0 $0 $0
2028-2029 $0 $0 $0 $0
2029-2030 $0 $0 $0 $0
Total $0 $72,916.66 J $0 $72,916.66
b. The Managing Entity shall reduce or withhold funds pursuant to Rule 65-29.001,F.A.C.,if the Contractor
fails to comply with the terms of the Agreement,
c. The Contractor shall request payment through the Carisk Portal based on the due dates listed in the
chart below:
Month Due Date
July 2025 8/11/2025
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Month • Due Date?:;:
August 2025 9/10/2025
September 2025 10/10/2025
October 2025 11/10/2025
November 2025 12/10/2025
December 2025 1/9/2026
January 2026 2/10/2026
February 2026 3/10/2026
March 2026 4/10/2026
April 2026 5/11/2026
May 2026 6/10/2026
June 2026 7/10/2026
d. The Managing Entity may require any other information from the Contractor that it deems necessary to
verify performance of the Contractor under the Purchase Agreement.
e. The Managing Entity reserves the right to request supporting documentation at any time after the invoice
has been submitted.
f. During the fiscal year, CFBHN may request supporting documentation to complete a review of monthly
expenditures. If the billed amount exceeds the actual expenditures, the Contractor will be required to
repay the difference.At the close of the fiscal year,CFBHN will conduct a final reconciliation to compare
the Contractor's total billed amounts with the actual expenditures reported throughout the year,and any
overbilled amount must be repaid to CFBHN.
4. Contract Deliverables
a. Monthly Expenditure Report—due by the 25th of the month following services.
b. Receipt of Opioid Settlement funds is an express acknowledgement of the obligation to report data on
services funded by the Settlement. Recipients shall provide data to the Department of Children and
Families (Department) through the Opioid Data Management System (ODMS) as prescribed by the
Department.Opioid Settlement funding is contingent upon satisfactory data reporting.
c. All deliverables and related tasks must be completed 100% as specified. Failure to satisfactorily
complete or submit a deliverable In the time and manner specified may result in a corrective action plan,
withholding of payment,or issuance of financial sanctions or penalties.
5. Vendor Information
a. ANNUAL APPROPRIATIONS: Managing Entity's obligation to pay under this contract is contingent upon
annual appropriation by the legislature.
b. BACKGROUND SCREENING: The Contractor shall comply with the staffing qualifications and
requirements(including background screening),required by this Agreement and as required by applicable
law,rule,or regulations,including without limitation,the regulations of the Department.
The Contractor shall comply with the provisions of s.448.095(5),F.S.The Contractor will use the E-Verify
system established bythe U.S.Department of Homeland Security to verify the employment eligibility of its
employees and the Contractor's subcontractors'employees performing under this Agreement.
Mental Health:The Contractor shall provide employment screening for all mental health personnel and all
chief executive officers,directors,and chief financial officers of Contractor using the standards for Level
II screening set forth in Chapter 435, and Section 408.809 Florida Statutes (F.S.), except as otherwise
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specified in Sections 394.4572(1)(b)-(c), F.S. For the purposes of this Agreement, "mental health
personnel"Includes all program directors,professional clinicians,staff members,clubhouse staff,drop-
in center staff,and volunteers working in public or private mental health programs and facilities who have
direct contact with individuals held for examination or admitted for mental health treatment,or who have
access to client funds,personal property,or living areas.In addition,employment screening described in
this paragraph may include a local criminal records check conducted through a local law enforcement
agency.
Substance Abuse:The Contractor shall ensure compliance with background screening in accordancewith
Section 397.4073,F.S.This statute requires employment screening for:
i. Owners,directors,chief financial officers,and clinical supervisors of service providers.
ii. All service provider personnelwho have direct contact with children receiving services or with
adults who are developmentally disabled.
iii. All peer specialists who have direct contact with individuals receiving services are screened
in accordance with Section 397.417(4),F.S.
Individuals subject to Mental Health and Substance Abuse screening in this section shall be re-screened
within five(5)years from the date of their last screening results and every five(5)years thereafter.
At the time of the initial level 2 background screening,and with every 5 year re-screening,the Contractor
shall require mental health and substance abuse personnel to complete the current version of DCF
Affidavit of Good Moral Character.The current version of the form CF 1649(April 2021)is incorporated by
reference an available at httos•//www flrules org/Gateway/reference asp?Nozf-15275..
c. FEDERAL LAW:
i. The Contractor shall comply with the applicable provisions of Federal law and regulations
including,but not limited to,2 CFR,Part 200,and other applicable regulations.
ii. If this Agreement contains$10,000 or more of Federal Funds,the Contractor shall comply with
Executive Order 11246,Equal Employment Opportunity,as amended by Executive Order 11375
and others, and as supplemented in Department of Labor regulation 41 CFR, Part 60 if
applicable.
iii. If this Agreement contains over$150,000 of Federal Funds,the Contractor shall comply with all
applicable standards,orders,or regulations issued under section 306 of the Clean Air Act, as
amended(42 U.S.C.§7401 et seq.),section 508 of the Federal Water Pollution Control Act,as
amended(33 U.S.C.§1251 et seq.),Executive Order 11738,as amended and where applicable,
and Environmental Protection Agency regulations (2 CFR, Part 1500). The Contractor shall
report any violations of the above to the Department.The Contractor agrees to include these
requirements in this section 5.c.iii in each subcontract exceeding$150,000 financed in whole
or in part with Federal assistance.
iv. No Federal Funds received in connection with this Agreement may be used by the Contractor,
or agent acting for the Contractor, or subcontractor to influence legislation or appropriations
pending before the Congress or any State legislature.If this Agreement contains Federal funding
in excess of $100,000, the Contractor must, prior to contract execution, complete the
Certification Regarding Lobbying form. All disclosure forms as required by the Certification
Regarding Lobbying form must be completed and returned to the Contract Manager, prior to
payment under this Agreement.
v. If this Agreement provides services to children up to age 18,the Contractor shall comply with
the Pro-Children Act of 1994(20 U.S.C.§6081).Failure to comply with the provisions of the law
may result in the imposition of a civil monetary penalty of up to$1,000 for each violation or the
imposition of an administrative compliance order on the responsible entity,or both.
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vi. If the Contractor is a federal subrecipient or pass-through entity,then the Contractor and its
subcontractors who are federal subrecipients or pass-through entities are subject to the
following: A contract award (sea 2 CFR 9 180.220) must not be made to parties listed on the
government-wide exclusions in the System for Award Management(SAM), in accordance with
the OMB guidelines in 2 CFR, Part 180 that implement Executive Orders 12549 and 12689,
"Debarment and Suspension." SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
vii. If the Contractor is a federal subrecipient or pass through entity, the Contractor and its
subcontractors who are federal subrecipients or pass-through entities, must determine
whether or not its Agreements are being awarded to a"contractor"or a"subrecipient,"as those
terms are defined in 2 CFR, Part 200. If a Contractor's subcontractor is determined to be a
subreciplent, the Contractor must ensure the subcontractor adheres to all the applicable
requirements in 2 CFR,Part 200,
d. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT: The Contractor shall, where
applicable,comptywith the Health Insurance Portability and Accountability Act(42 U.S.C.1320d.)as well
as all regulations promulgated thereunder(45 CFR Parts 160,162,and 164).
e. INDEMNIFICATION:The Contractor shall be fully liable for the actions of its agents,employees, partners,
or subcontractors and shall fully indemnify,defend,and hold harmless Managing Entity,the Department,
and their officers, agents, and employees,from suits, actions, damages, and costs of every name and
description, including attorneys'fees, costs, and expenses arising from or relating to an alleged act or
omission by the Contractor, its agents, employees, partners, or subcontractors, provided however that
the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the
negligent act or omission of Managing Entity or the Department.
Further,the Contractor shall, without exception, indemnify and hold harmless Managing Entity and the
Department,and their employees from any liability of any nature or kind whatsoever,including attorneys'
fees,costs,and expenses arising out of,relating to,or involving any claim associated with any trademark,
copyrighted, patented, or unpatented invention, process, trade secret, or intellectual property right,
information technology used or accessed by the Contractor, or article manufactured or used by the
Contractor, its officers, agents, or Contractors in the performance of this Agreement or delivered to
Managing Entity or the Department for the use of Managing Entity or the Department, its employees,
agents,or contractors.
Further, the Contractor shall protect, defend, and Indemnify, including attorneys' fees, costs, and
expenses, Managing Entity and the Department for any and all claims and litigation (including litigation
initiated by Managing Entity or the Department) arising from or relating to Contractor's claim that a
document contains proprietary or trade secret information that is exempt from disclosure or the scope of
the Contractor's redaction.
The Contractor's inability to evaluate liability or its evaluation of liability shall not excuse Its duty to defend
and indemnify after receipt of notice. Only an adjudication or judgment after the highest appeal is
exhausted finding Managing Entity or the Department negligent shall excuse the provider of performance
under this provision, in which case Managing Entity or the Department shall have no obligation to
reimburse the Contractor for the cost of their defense. If the Contractor is an agency or subdivision of the
State, its obligation to indemnify, defend, and hold harmless the Department shall be to the extent
permitted by law and without waiving the limits of sovereign immunity.
f. INDEPENDENT CONTRACTOR: In performing its obligations under this Agreement,the Contractor shall
at all times be acting in the capacity of an independent contractor and not as an officer,employee or agent
of Managing Entity or the Department. Neither the Contractor nor any of its agents, employees,
Contractors or assignees shall represent to others that It is an agent of or has the authority to bind
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Managing Entity or the Department by virtue of this Agreement.
g. INSURANCE:See Attachment II.
h. LAW AND VENUE:This Agreement is executed and entered in the State of Florida and will be construed,
performed,and enforced in all respects in accordance with Florida law, excluding Florida provisions for
conflict of taws, and applicable Federal taw.Venue for any action regarding this Agreement shall be in
Hillsborough County,Florida.
i. MONITORING:The Contractor shall permit all persons who are duly authorized by Managing Entity or the
Department to inspect and copy any records, papers,documents,facilities, goods, and services of the
Contractor which are relevant to this Agreement, and to interview any clients, employees, and
subcontractor employees of the Contractor to assure Managing Entity of the satisfactory performance of
the terms and conditions of this Agreement.
j. PROPERTY:
i. The following only applies to this Agreement if funded by state financial assistance.
ii. The word "property" in this section means equipment, fixtures, and other property of a non-
consumable and non-expendable nature,the original acquisition cost or estimated fair market
value of which is$5,000 or more and the normal expected life of which is one year or more.This
definition also includes hardback-covered bound books circulated to students or the general
public, the original acquisition cost or estimated fair market value of which is $25 or more,
hardback-covered bound books,the cost or value of which is$250 or more,and all computers.
Each item of property which it is practicable to identify by marking wilt be marked in the manner
required by the Auditor General. Each custodian will maintain an adequate record of property in
his or her custody,which record will contain such information as will be required by the Auditor
General.Once each year,on July 1 or as soon thereafter as is practicable,and whenever there is
a change of custodian,each custodian will take an inventory of property in his or her custody.The
inventory will be compared with the property record, and all discrepancies will be traced and
reconciled.All publicly supported libraries will be exempt from marking hardback-covered bound
books,as required by this section.The catalog and inventory control records maintained by each
publicly supported library is the property record of hardback-covered bound books with a value
or cost of$25 or more included in each publicly supported library collection and is a perpetual
inventory in lieu of an annual physical inventory.All books identified by these records as missing
will be traced and reconciled,and the library inventory shalt be adjusted accordingly.
iii. If any property is purchased by the Contractor with funds provided by this Agreement, the
Contractor wilt inventory all non-expendable property including all computers. A copy of the
inventory will be submitted to the Managing Entity along with the expenditure report for the period
in which it was purchased.At least annually the Contractor will submit a complete inventory of all
such property to the Managing Entity whether new purchases have been made or not.
iv. The inventory will include: the identification number; year and/or model, a description of the
property,its use and condition;current location;the name of the property custodian;class code
(use state standard codes for capital assets);if a group,record the number and description of the
components making up the group; name,make,or manufacturer;serial number(s),if any,and if
an automobile,the Vehicle Identification Number(VIN)and certificate number;acquisition date;
original acquisition cost;funding source;and,information needed to calculate the federal and/or
state share of its cost.
v. The Managing Entity must provide disposition instructions to the Contractor prior to the End Date.
The Contractor cannot dispose of any property reverting to the Department without the Contract
Manager's approval.The Contractor will furnish a closeout inventory no later than 30 days before
the completion or termination of this Agreement. The closeout inventory will include all
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nonexpendable property including all computers purchased by the Contractor. The closeout
inventory will contain the same information required by the annual inventory.
vi. The Contractor hereby agrees all inventories required by this Agreement will be current and
accurate and reflect the date of the inventory.If the original acquisition cost of a property item is
not available at the time of inventory,an estimated value will be agreed upon by the Contractor,
the Managing Entity,and the Department and will be used in place of the original acquisition cost.
vii. Title(ownership)to and possession of all property purchased by the Contractor pursuant to this
Agreement vests in the Department upon completion ortermination of this Agreement.During the
term of this Agreement,the Contractor is responsible for insuring all property purchased by or
transferred to the Contractor is in good working order.The Contractor hereby agrees to pay the
cost of transferring title to and possession of any property for which ownership is evidenced by a
certificate of title.The Contractor is responsible for repayingto the Department,the replacement
cost of any property inventoried and not transferred to the Department upon completion or
termination of this Agreement.When property transfers from the Contractor to the Department,
the Contractor is responsible for paying for the title transfer.
viii. If the Contractor replaces or disposes of property purchased by the Contractor pursuant to this
Agreement,the Contractor Is required to provide accurate and complete information pertaining
to replacement or disposition of the property as required on the Contractor's annual inventory.
ix. The Contractor will indemnify the Managing Entity and the Department against any claim or loss
arising out of the operation of any motor vehicle purchased by or transferred to the Contractor
pursuant to this Agreement.
x. An amendment is required prior to the purchase of any property item not specifically listed in the
approved budget.
1<. PUBLIC ENTITY CRIMES:Chapter 287.133(2)(a)states:A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work,may not submit bids on leases of real property
to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity,and may not transact business with any public entity in
excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list.
I. PUBLIC RECORDS:The Contractor shall allow public access to all documents, papers,letters,or other
public records as defined in Subsection 119.011(12), F.S. as prescribed by Subsection 119.07(1) F.S.,
made or received by the Contractor in conjunction with this Agreement except those public records which
are made confidential by law and must be protected from disclosure. It is expressly understood that the
Contractor's failure to comply with this provision shall constitute an immediate breach of this Agreement
for which Managing Entity may unilaterally terminate this Agreement.
The Contractor shall retain all client records,financial records,supporting documents,statistical records
and any other documents(including electronic storage media)pertinent to this Agreement for a period of
six(6)years after completion of this Agreement or longer when required by law. In the event an audit is
required by this Agreement,records shall be retained for a minimum period of six(6)years after the audit
report is issued or until resolution of any audit findings or litigation based on the terms of this Agreement.
m. SCRUTINIZED COMPANIES:The Contractor shall refrain from any of the prohibited business activities
with the Governments of Sudan and Iran as described in Section 215.473, F.S. Pursuant to Section
287.135(5),F.S.,Managing Entity will immediately terminate this Agreement for cause if the Contractor is
found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies
with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
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Sector List during the term of the Agreement. Managing Entity will terminate this Agreement at any time
the Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is
engaged in a boycott of Israel.
n. SPONSORSHIP AND PUBLICITY: The Contractor and partners shall, in publicizing, advertising or
describing the sponsorship of the program, state: "Sponsored by Collier County Board of County
Commissioners,Central Florida Behavioral Health Network, Inc., and the State of Florida, Department of
Children and Families." If the sponsorship reference is in written material, the words "State of Florida,
Department of Children and Families"and"Central Florida Behavioral Health Network,Inc."shall appear
in the same size letters or type as the name of the organization.
o. TERMINATION:Termination at Will. Either party may terminate this Agreement upon at least thirty(30)
days prior written notice to the other party. In a termination at will by a party,the other party shall not be
liable for costs of termination or damages incurred by the party giving notice of termination at will or by
any of its subcontractors. In a termination at will by a party,the party giving notice of termination at wilt
shall not be liable for costs of termination or damages incurred by the other party or by any of its
subcontractors.
I. Termination for Lack of Funds. Managing Entity may terminate this Agreement upon at [east
twenty-four (24) hours prior written notice to Contractor if Managing Entity has not received
funds from the Department for the services for which Contractor is requesting payment or for
any services to be provided under this Agreement.
ii. Termination for Cause. Upon the Managing Entity's knowledge of a material breach by the
Contractor,Managing Entity shall either:
1. Provide an opportunity for the Contractor to cure the breach or end the violation and
terminate the Agreement or discontinue access to PHI if Contractor does not cure the
breach or end the violation within the time specified by Managing Entity;
2. Immediately terminate this Agreement or discontinue access to PHI if Contractor
breached a material term of this Agreement and does not end the violation;or
3. If neither termination nor cure is feasible,the Managing Entity shall report the violation
to the Department of Children and Families and Secretary of the Department of Health
and Human Services.
iii. Additional Breaches.Breaches by Contractor include the following items:
if Contractor is suspended or becomes disqualified from providing the services, found to be
negligent or to have caused harm to a qualified individual,or otherwise is subject to disciplinary
action which materially adversely affects the Contractor's ability to perform the services under
this Agreement.
If Contractor(or Its officers or directors)is convicted of or pleads guilty,no contest,or otherwise
admits to any crime involving a morally corrupt act or practice or any felony offense.
If the Contractor makes an assignment for the benefit of creditors,files a voluntary petition in
bankruptcy,is adjudicated bankrupt or insolvent or has entered against it an order for any relief
In any bankruptcy or Insolvency proceeding or has an involuntary petition in bankruptcy or
similar proceeding filed against it which has not been dismissed within one hundred twenty
(120)days after the commencement thereof.
If Contractor commits any other material breach of this Agreement.
iv. Immediate Termination.Managing Entity shall immediately terminate this Agreem ent for cause,
if any time during the lifetime of the Agreement,the Contractor is:
1. Found to have submitted a false certification under s_287.135,F.S.,or
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2. Is placed on the Scrutinized Companies with Activities In Sudan List or
3. Is placed on the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List,or
4. Is placed on the Scrutinized Companies that Boycott Israel List or is engaged in a
boycott of Israel.
v. Remedies for Breach.In addition to all other remedies included In this Agreement, Contractor
shall,at a minimum,be liable to Managing Entity for all foreseeable damages Managing Entity
incurs as a result of Contractor's violation or breach of this Agreement.This includes without
limitation any costs incurred to remediate defects In Contractor's services and/or the
additional expenses to complete Contractor's services beyond the amounts agreed to in this
Agreement,after Contractor has had a reasonable opportunity to remediate and/or complete
its services as otherwise set for in this Agreement.
All remedies provided for in this Agreement may be exercised Individually or in combination with
any other remedy available hereunder or under applicable laws, rules and regulations. The
exercise of any remedy shall not preclude or in any way be deemed to waive any other remedy.
On and after any event of default, Managing Entity shall have the right to exercise its legal and
equitable remedies, including without Limitation, the right to terminate this Agreement for
cause or to seek specific performance of all or any part of this Agreement.
in addition,Managing Entityshall have the right(but no obligation)to cure(or cause to be cured)
on behalf of Contractor any event of default.The Contractor shall pay to Managing Entity on
demand all costs and expenses incurred by Managing Entity in effecting such cure,with interest
thereon from the date of incurrence at the maximum rate then permitted by law.
Managing Entity shall have the right to offset from any amounts due to Contractor under this
Agreement or any other agreement between Managing Entity and Contractor all damages,
losses,costs or expenses incurred by Managing Entity as a result of such event of default and
any liquidated damages,if any,due from Contractor pursuant to the terms of this Agreement or
any other agreement.
'i.
Contractor shall be liable to Managing Entity for any sanctions or penalties specifically
established by law and applicable to Contractor regarding the services in this Agreement.
Managing Entity shall provide such sanctions and penalties as appropriate.
vi. Lapsed Insurance. Any lapse in mandatory insurance coverage voids this Agreement until
coverage is restored and proof of insurance coverage is provided to restore the abilityto bill for
services. Any services provided during the lapse period are invalid and cannot be invoiced to
Managing Entity.
p. USE OF FUNDS FOR LOBBYING PROHIBITED:The Contractor agrees to comply with the provisions of
section 216.347,Florida Statutes,which the expenditure of contract funds for the purpose of lobbying the
Legislature or a state agency.
6. Incorporated Documents:
a. The following Attachments and Guidance Documents,or the latest revisions thereof,are incorporated
herein and made a part of this Agreement:
i. Attachment I—DCF Master Contract QHME2(posted to httos://www.cfbhn.org/contracting-
procurement/)
ii. Attachment Ii—Insurance
Attachment III—Business Associate Agreement(BAA)
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iv. Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B
v. Attachment V-DCF Guidance 41 -Coordinated Opioid Recovery Network of Addiction Care
(CORE Network)
7. Term and Termination
This Agreement shall begin on July_'t, 2025, and will continue in effect until June 30, 2030, at which point it shall
terminate,unless the Term is extended or terminated earlier in a written document signed by both parties.
All remedies including indemnification in Section 5.e.Indemnification shall survive termination of this Agreement.
THE PARTIES HERETO by and through their duly authorized representatives, whose signatures appear below, have
caused this Agreement to be executed.
MANAGING ENTITY CONTRACTOR
Central Florida Behavioral Health Network,Inc. Collier County Boar f County Commissioners
Signature: Signature: i iassl -
Print: Print: Burt Saunders, Chairman
Title: Title:
Date: Date: 7// ld/l
Prepared by: Carrie J.Hartes (((
T .......
ATTES
CRYSTAL L,CLERK
BY:
Attest as to Chairman's
signature.oniy,
Approved as to form and legality
jQf
Assistant County Attorney IVO6
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ATTACHMENT II-INSURANCE
Purchase Agreement
1. General Requirements,
1.1. The Contractor acknowledges that,as an independent contractor,the Contractor and its
subcontractors at all tiers are not covered by the State of Florida Risk Management Trust Fund for
liability created by§284.30,F.S.
1.2. A governmental-entity Contractor may complywith the insurance requirements of this Purchase
Agreement by participating in a self-insurance program established according to Florida law with
coverage limits not less than the per occurrence and annual aggregate amounts specified for the
corresponding type of insurance.
1.3. Workers'Compensation Insurance(WCI).To the extent and degree required by law,the Contractor
shall self-insure or maintain WCI covering its employees connected with the services provided
hereby.The Contractor shall require Its subcontractors provide WCI for its employees absent
coverage by the Contractor's WCI.
1.4. General Liability Insurance.The Contractor shall secure and maintain,and ensure its
subcontractors secure and maintain,Commercial General Liability Insurance,including bodily
injury,property damage,personal and advertising injury,and products and completed operations.
This insurance will provide coverage for all claims that may arise from the services completed under
this Purchase Agreement,whether such services are by the Contractor or anyone employed by it,
Such insurance shall include the State and Managing Entity as an additional insured for the entire
length of this Purchase Agreement,
1.5. The Contractor must cause all of its subcontractors at all tiers who the Contractor reasonably
determines to present a risk of significant loss to the Contractor,the Managing Entity,or the
Department to obtain and provide proof to Contractor of comprehensive general liability Insurance
coverage(broad form coverage),specifically including premises,fire,and legal liability covering the
Contractor's subcontractors and all of their employees.
1.6. The limits of coverage for Contractor's subcontractors at all tiers must be in such amounts as the
Contractor reasonably determines to be sufficient to cover the risk of loss.
1.7. Cyber/Network Security and Privacy Liability Insurance.The Contractor will,for itself if providing
Cyber/Network solutions or handling confidential information,secure and maintain,and ensure any
Contractor's subcontractor providing Cyber/Network solutions or handling confidential
information,secure and maintain liability insurance,written on an occurrence basis,covering civil,
regulatory,and statutory damages;contractual damages;data breach management exposure;and
any loss of income or extra expense as a result of actual or alleged breach,violation or infringement
of right to privacy,consumer data protection law,confidentiality or other legal protection for
personal information.
1.8. Authorized Insurers and Documentation.All insurance policies must be with insurers authorized,
and through insurance agents licensed,to transact business in the State,as required by chapter
624,F.S.,or upon approval of the Managing Entity with a commercial self-insurance trust fund
authorized under§624.462,F.S.The Contractor shall submit certificates of insurance coverage,or
other evidence of insurance coverage acceptable to the Managing Entity,prior to this Purchase
Agreement's execution.
2. Insurance Specifics.
2.1. In addition to the provisions of Section 1,the following Special Insurance Provisions shall apply to
this Purchase Agreement.In the event of conflict between the requirements of Sections 2 to 5 and
the requirements of Section 1,the provisions of Sections 2 to 5 shall prevail and control.
2.2. The Contractor shall notify the Contract Manager in writingwithin 30 calendar days if there is a
modification to the terms of Contractor Insurance required in this Purchase Agreement including
but not limited to,nonrenewat,cancellation or modification to policy limits.
Page 1 of 3 Purchase Agreement
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ATTACHMENT II--INSURANCE
Purchase Agreement
2,3. The Contractor shall obtain and provide proof to the Managing Entity of comprehensive general
liability insurance coverage(broad form coverage),specifically including premises,fire and legal
liability to cover the Contractor and all its employees.The Limits of the Contractor's coverage shall
be no less than$300,000 per occurrence with a minimal annual aggregate of no less than
$1,000,000.
2.4. With the exception of any state agency or subdivision as defined by§768.28(2),E.S.,the Contractor
shall cause all of its subcontractors,at all tiers,who the Contractor reasonably determines to
present a risk of significant loss to the Contractor,the Managing Entity,or the Department to obtain
and provide proof to the Contractor and upon written request of the Managing Entity to the
Contractor,also to the Managing Entity,of comprehensive general liability insurance coverage
(broad form coverage),specifically Including premises,fire and legal liability covering the
Contractor's subcontractors and all their employees.
2.5. The limits of coverage for the Contractor's subcontractors,at all tiers,shall be in such amounts as
the Contractor reasonably determines to be sufficient to cover the risk of loss.
2.6. The Contractor shall obtain and provide proof to the Managing Entity of Cyber/Network Security and
Privacy Liability Insurance as described in Section 1.7.The limits of the Contractor's coverage of
Cyber/Network Security and Privacy Liability Insurance shall be no less than$1,000,000 per
occurrence with a minimal annual aggregate of no less than$1,000,000,
3. Automobile Insurance.
3.1. If any officer,employee,or agent of the Contractor operates a motor vehicle in the course of the
performance of its duties under this Purchase Agreement,the Contractor shall obtain and provide
proof to the Managing Entity of comprehensive automobile liability insurance coverage(unless a
waiver is expressly agreed to in writing by the Managing Entity). The limits of the Contractor's
coverage shall be no less than$300,000 per occurrence with a minimal annual aggregate of no less
than$1,000,000.
3.2. If any officer,employee,or agent of any Contractor's subcontractors,at all tiers,operates a motor
vehicle in the course of the performance of the duties of the Contractor's subcontractor,the
Contractor shall cause the subcontractor to obtain and provide proof to the Contractor and the
Managing Entity of comprehensive automobile liability insurance coverage with the same limits as
Section 3.1.
4. Professional Liability Insurance.
4.1. The Contractor shall obtain and provide proof to the Managing Entity of professional liability
insurance coverage,including errors and omissions coverage,to cover the Contractor and all its
employees.
4.2. If any officer,employee,or agent of the Contractor administers any prescription drug or medication
or controlled substance in the course of the performance of the duties of the Contractor under this
Purchase Agreement,the professional liability coverage shall include medical malpractice liability
and errors and omissions coverage,to cover the Contractor and all of Its employees.The limits of
the coverage shall be no less than$300,000 per occurrence with a minimal annual aggregate of no
less than$1,000,000.
4.3. If any officer,employee,or agent of the Contractor's subcontractors,at all tiers,provides any
professional services or provides or administers any prescription drug or medication or controlled
substance in the course of the performance of the duties of the Contractor's subcontractor,the
Contractor shall cause the Contractor's subcontractor to obtain and provide proof to the
Contractor and the Managing Entity of professional liability insurance coverage,including medical
malpractice liability and errors and omissions coverage,to cover all Contractor's subcontractor's
employees with the same limits as described in Section 4.2.
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ATTACHMENT II-INSURANCE
Purchase Agreement
5. Additional Contractor Insurance Obligations.
5.1. The Managing Entity and the Department shall be exempt from,and in no way liable for,any sums of
money that may represent a deductible or self-insured retention under any such insurance.The
payment of any deductible on any policy shall be the sole responsibility of the Contractor,or
Contractor's subcontractor purchasing the insurance.
5.2. All such insurance policies of the Contractor and Contractor's subcontractors,at all tiers,shalt be
provided by Insurers licensed or eligible to do and that are doing business in the State of Florida.
Each insurer must have a minimum rating of"A"by A.M.Best or an equivalent rating by a similar
insurance rating firm and shall name the Managing Entity and the Department as an additional
insured under the policy or policies.
5.3. The Contractor must use Its best good faith efforts to cause the insurers issuing all such general,
automobile,and professional liability insurance to use a policy form with additional insured
provisions naming the Managing Entity and the Department as an additional insured or a form of
additional insured endorsement that is acceptable to the Managing Entity in the reasonable
exercise of its judgment.Contractor's professional liability insurance coverage,including medical
malpractice liability and errors and omissions coverage,must name the Managing Entity and the
Department as an additional insured.
5.4. All insurance policies of the Contractor and its subcontractors must be primary to and not
contributory with any similar insurance carried by the Managing Entity.
5.5. Proof of insurance must be in the form of an Association for Cooperative Operations Research and
Development(ACORD)certificate of insurance.All such current insurance certificates wilt be
submitted to the Contract Manager,prior to expiration,as insurance policies are renewed each
year.
5.6. The requirements of this Section 5 shall be in addition to,and not in replacement of,the
requirements of Section 4.8 of the Department's standard contract(Attachment I)which shall be
applicable to Contractor.
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ATTACHMENT III--HIPAA BUSINESS ASSOCIATE AGREEMENT
INCLUDING 42 CFR Part 2
Purchase Agreement
Should this Purchase Agreement involve Contractor access to protected health information(PHI)the
Contractor shall be a"Covered Entity"limited to the following permissible uses and disclosures.Reference
to a section in the HIPAA Rules means the section as in effect or as amended.The Contractor shall assist the
Managing Entity in amending this Contract to maintain compliance with HIPAA Rules and any other
applicable taw requirements.Any ambiguity in this section will be interpreted to permit compliance with the
HIPAA Rules.Within the Managing Entity,Stephanie Johns has been designated the HIPAA Privacy Officer.
1.1. 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.
1.2. Specific Definitions
1.2.1. "Business Associate"has the same meaning as the term"business associate"at
45 CFR 5160.103 and means the Managing Entity.
1.2.2. "Covered Entity"has the same meaning as the term"covered entity"at 45 CFR
5160.103 and means the Contractor.
1.2.3. "HIPAA Rules"will mean the Privacy,Security,Breach Notification,and
Enforcement Rules at 45 CFR Parts 160 and 164.
1.2.4. "HIPAA Subcontractor"has the same meaning as the term"subcontractor"at 45
CFR 5160.103 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.
This definition applies only to this Attachment III.
1.3. Obligations and Activities of the Contractor
The Contractor shall:
1.3.1. Not use or disclose PHI except as permitted or required in by this section or law;
1.3.2. Use the appropriate administrative safeguards in 45 CFR 5164.308,physical
safeguards in 45 CFR§164.310,and technical safeguards in 45 CFR 5164.312;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 Contractor may create,receive,maintain
or transmit on the Managing Entity's behalf;
1.3.3. Acknowledge that the foregoing safeguards,policies and procedures
requirements apply to the Contractor in the same manner as such requirements apply to the
Department;and the Managing Entity and Contractor are directly liable under the civil and
criminal enforcement provisions of 5513409 and 13410 of the HITECH Act,45 CFR
55164.500 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(NHS)guidance thereon;
1.3.4. Report to the Managing Entity any use or disclosure of PHI not permitted by this
section,including breaches of unsecured PHI as required at 45 CFR 5164.410,and any
security incident;
1.3.5. Notify the Managing Entity's HiPAA Security Officer,HIPAA Privacy Officer,and
Contract Manager in writing within 120 hours after finding a breach or potential breach of
personal and confidential data;and
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ATTACHMENT Ill-HIPAA BUSINESS ASSOCIATE AGREEMENT
INCLUDING 42 CFR Part 2
Purchase Agreement
1.3.6. Notify the Managing Entity's HIPAA Privacy Officer and Contract Manager in
writing within 24 hours of HHS notification of any investigations,compliance reviews,or
inquiries concerning violations of HIPAA;
1.3.7. Provide additional information requested by the Managing Entity for investigation
of or response to a breach;
1.3.8. Provide at no cost:Notice to affected parties within 30 days of determination of
any potential breach of personal or confidential data 0501.171,F.S.);implementation of the
Managing Entity's prescribed measures to avoid or mitigate potential injury to any person
due to a breach or potential breach of personal and confidential data;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 Managing
Entity's actions;
1.3.9. In accord with 45 CFR§§164.502(e)(1)(li)and 164.308(b)(2),as applicable,ensure
all entities creating,receiving,maintaining,or transmitting PHI on the Contractor's behalf
are bound to the same restrictions,conditions,and requirements as the Contractor by
written contractor 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 Contractor shall provide written certification its implementation
complies with 45 CFR§164.532(d);
1.3.10. Make PHI available in a designated record set to the Managing Entity as necessary
to satisfy the Managing Entity's 45 CFR§164.524 obligations;
1.3.11. Make any amendment to PHI in a designated record set as directed or agreed to
by the Managing Entity per 45 CFR§164.526,or take other measures as necessary to satisfy
the Managing Entity's 45 CFR§164.526 obligations;
1.3.12. Maintain and make available the information required to provide an accounting of
disclosures to a covered entity as needed to satisfy the Managing Entity's 45 CFR§164.528
obligations;
1.3.13. To the extent the Contractor carries any obligation under 45 CFR Subpart E,
comply with the requirements of Subpart E that apply to the Managing Entity in the
performance of that obligation;and
1.3.14. Make internal practices,books,and records available to HHS for determining
HIPAA rule compliance.
1.4. Contractor and its HIPAA subcontractors may only use or disclose PHI as listed below:
1.4.1. To perform obligations under this section;
1.4.2. For archival purposes;
1.4.3. If necessary,for(a)proper management and administration or(b)to carry out
legal responsibilities;
1.4.4. To disclose only if the disclosure is required by law;or(a)reasonable assurances
are obtained from the disclosee that PHI wilt be held confidentially and used or further
disclosed only as required by law or for the purpose for which it was disclosed,and(b)the
disclosee agrees to notify the Contractor in writing of any instances in which the
confidentiality and security of PHI has been breached;
1.4.5. To aggregate with PHI of other covered entities in its possession through its
capacity as a Business Associate of such covered entities only to provide Managing Entity
data analyses relating to Managing Entity health care operations(as defined in 45 C.F.R.
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ATTACHMENT III—HIPAA BUSINESS ASSOCIATE AGREEMENT
INCLUDING 42 CFR Part 2
Purchase Agreement
§164.501);
1.4.6. To conform with 45 CFR§164.514(b)in de-identifying PHI;or
1.4.7. To follow marketing,fundraising and research guidance in 45 CFR§164.501,45
CFR§164.508 and 45 CFR§164.514.
1.5. Managing Entity Notifications Affecting Contractor Disclosure of PHI
The Managing Entity must notify the Contractor,to the extent it may affect Contractor's use or
disclosure of PHI:of 45 CFR 6164.520 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 Managing Entity has agreed to or is required to abide by under 45
CFR 6164.522.
1.6. Termination Regarding PHI
1.6.1. Termination for Cause.Upon the Managing Entity's knowledge of a material
breach of the Contractor's duties under this section,the Managing Entity may:(a)Provide
the Contractor opportunity to cure the breach within the Managing Entity's specified
timeframe;(b)Immediately terminate Contract or discontinue access to PHI;or(c)If
termination or cure are not feasible,the Managing Entity will report the breach to the
Secretary of NHS.
1.6.2. Contractor Obligations Upon Termination.Upon termination,the Contractor,
with respect to PHI received from the Managing Entity,or created,maintained,or received
on behalf of the Managing Entity,will:(a)retain only PHI necessary to continue proper
management and administration or to carryout legal responsibilities;(b)return PHI not
addressed in(a)to the Managing Entity,or its designee;(c)upon the Managing Entity's
permission,destroy PHI the Contractor 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 use or disclose retained PHI other than for purposes for which PHI was retained and
subject to the same conditions which applied prior to termination;and(f)comply with(b)
and(c)when retained PHI is no longer needed under(a).
1.6.3. Obligations under Contractor Obligations Upon Termination section survive
termination.
1.7. 42 CFR Part 2.Managing Entity and the Contractor shall comply with the applicable
provisions of 42 CFR Part 2 in the performance of this Subcontract. Pursuant to 42 CFR Part 2,the
Contractor may electronically share certain information with the Managing Entity. This Section 1.7
shall be construed to satisfy the requirements of 42 C.F.R.§2.11.The Managing Entity:
1.7.1. Acknowledges that in receiving,storing,processing,or otherwise using any
information from the alcohol/drug programs about the clients of the Contractor,the
Managing Entity is fully bound by the provisions of the federal regulations governing
Confidentiality of Alcohol and Drug Abuse Patient Records,42 C.F.R.Part 2;and
1.7.2. Undertakes to resist in judicial proceedings any effort to obtain access to
information pertaining to clients otherwise than as expressly provided for in the federal
confidentiality regulations,42 C.F.R.part 2.
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Attachment III BAA
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ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
FLORIDA OPIOID ALLOCATION AND
STATEWIDE RESPONSE
AGREEMENT
B ETWEEN
STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS,
OFFICE OF THE ATTORNEY GENERAL
And
CERTAIN LOCAL GOVERNMENTS IN THE STATE OF FLORIDA
This Florida Opioid Allocation and Statewide Response Agreement(the "Agreement") is
entered into between the State of Florida (`State") and certain Local Governments ("LocaI
Governments" and the State and Local Governments are jointly referred to as the "Parties" or
individually as a"Party"). The Parties agree as follows:
Whereas, the people of the State and its communities have been harmed by misfeasance,
nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply
Chain; and
Whereas,the State,through its Attorney General, and certain Local Governments,through
their elected representatives and counsel,are separately engaged in litigation seeking to hold many
of the same Pharmaceutical Supply Chain Participants accountable for the damage caused by their
misfeasance,nonfeasance and malfeasance as the State; and
Whereas, certain of the Parties have separately sued Pharmaceutical Supply Chain
participants for the harm caused to the citizens of both Parties and have collectively negotiated
settlements with several Pharmaceutical Supply Chain Participants; and
Whereas, the Parties share a common desire to abate and alleviate the impacts of that
misfeasance,nonfeasance and malfeasance throughout the State; and
Whereas, it is the intent of the State and its Local Governments to use the proceeds from
any Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding
presently spent on opioid and substance abuse education,treatment, prevention 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;"and
Whereas, the State and its Local Governments enter into this Agreement and agree to the
allocation and use of the proceeds of any settlement described herein
Wherefore,the Parties each agree to as follows:
I
Purchase Agreement
Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B CAO
16F2
ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
A. Definitions
As used in this Agreement:
1. "Approved Puipose(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 Iisted in 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 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. 1,
Art.VIII of the State Constitution.
5. "Dependent Special District"shall mean a Special District meeting the requirements
of Florida Statutes § 189.012(2).
6. "Municipalities"shall mean cities,towns, or villages located in a County within the
State that either have: (a) a Population greater than 10,000 individuals; or(b) a Population equal
to or less than 10,000 individuals and that has either (i) filed a lawsuit against one or more
Pharmaceutical Supply Chain Participants; or (ii) executes a release in connection with a
settlement with a Pharmaceutical Supply Chain participant. The singular "Municipality" shall
refer to a singular city,town,or village within the definition of Municipalities.
7. "`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.
8. "Negotiation Class Metrics"shall mean those county and city settlement allocations
which come from the official website of the Negotiation Class of counties and cities certified on
September I1, 2019 by the U.S. District for the Northern District of Ohio in In re National
Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at
https://allocationmap.iclaimsonline.com.
9. "Opioid Funds"shall mean monetary amounts obtained through a Settlement.
2
Purchase Agreement
Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B C O
16F2
ATTACHMENT 1V-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE S
Purchase Agreement
10. "Opioid Related"shall have the same meaning and breadth as in the agreed Opioid
Abatement Strategies attached hereto as Exhibits"A"or"B."
11. "Parties"shall mean the State and Local Governments that execute this Agreement.
The singular word "Party" shall mean either the State or Local Governments that executed this
Agreement.
12. "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.
13. "Pharmaceutical Supply Chain" shall mean the entities, processes, and channels
through which Controlled Substances are manufactured, marketed, promoted, distributed or
dispensed.
14. "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.
15. "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 Agreement.
These estimates can currently be found at https://www.census.gov. For purposes of Population
under the definition of Quaked County, a County's population shall be the greater of its
population as of the July 1, 2019, estimates or its actual population, according to the official U.S.
Census Bureau count, which was released by the U.S. Census Bureau in August 2021.
16. "Qualified County" shall mean a charter or non-chartered County that has a
Population of at least 300,000 individuals and: (a)has an opioid taskforce or other similar board,
commission, council, or entity (including some existing sub-unit of a County's government
responsible for substance abuse prevention,treatment,and/or recovery)of which it is a member or
it 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,as of December 31,2021,either providing or is contracting with others to provide substance
abuse prevention, recovery, and/or treatment services to its citizens; and (d)has or enters into an
interlocal 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.For avoidance of doubt,the word"operate"in connection with opioid task force means to
do at least one of the following activities: (1)gathers data about the nature, extent, and problems
being faced in communities within that County; (2) receives and reports recommendations from
other government and private entities about activities that should be undertaken to abate the opioid
epidemic to a County;and/or(3)makes recommendations to a County and other public and private
leaders about steps, actions, or plans that should be undertaken to abate the opioid epidemic.For
avoidance of doubt, the Population calculation required by subsection (d) does not include
Population in unincorporated areas.
3
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Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B CA>[$
16F2
ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
17. "SAMHSA" shall mean the U.S. Department of Health & Human Services,
Substance Abuse and Mental Health Services Administration.
18. "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)(1)below.
19. "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 or to pay obligations to the United States arising out of Medicaid or
other federal programs, all Opioid Funds shall be utilized for Approved Purposes. In order to
accomplish this purpose, the State will either: (a) file a new action with Local Governments as
Parties;or(b)add Local Governments to its existing action,sever any settling defendants.In either
type of action,the State will seek entry of a consent judgment,consent order or other order binding
judgment binding both the State and Local Governments to utilize Opioid Funds for Approved
Purposes ("Order")from the Circuit Court of the Sixth Judicial Circuit in and for Pasco County,
West Pasco Division New Port Richey, Florida (the "Court"), except as herein provided. The
Order may be part of a class action settlement or similar device. The Order shall provide for
continuing jurisdiction by the Court to address non-performance by any party under the Order.
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.
3. No Benefit Unless Fully Participating-Any Local Government that objects to or
refuses to be included under the Order or refuses or fails to execute any of documents necessary
to effectuate a Settlement shall not receive,directly or indirectly,any Opioid Funds and its portion
of Opioid Funds shall be distributed to, and for the benefit of,the Local Governments. Funds that
were a for a Municipality that does not join a Settlement will be distributed to the County where
that Municipality is located.Funds that were for a County that does not join a Settlement will be
distributed pro rata to Counties that join a Settlement. For avoidance of doubt, if a Local
Government initially refuses to be included in or execute the documents necessary to effectuate a
Settlement and subsequently effectuates such documents necessary to join a Settlement,then that
Local Government will only lose those payments made under a Settlement while that Local
Government was not a part of the Settlement. If a Local Government participates in a Settlement,
that Local Government is thereby releasing the claims of its Dependent Special District claims,if
any.
4
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Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B („",A()
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ATTACHMENT IV-FLORIDA OP1OID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
4. Distribution Scheme—If a Settlement has a National Settlement Administrator or
similar entity, all Opioids Funds will initially go to the Administrator to be distributed. If a
Settlement does not have a National Settlement Administrator or similar entity, all Opioid Funds
will initially go to the State, and then be distributed by the State as they are received from the
Defendants according to the following distribution scheme.The Opioid Funds will be divided into
three funds after deducting any costs of the Expense Fund detailed below. Funds due the federal
government, if any,pursuant to Section B-2,will be subtracted from only the State and Regional
Funds below:
(a) City/County 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,which are attached to this
Agreement as Exhibit "C." In the event that a Municipality has a Population less than
10,000 people and it does not execute a release or otherwise join a Settlement that
Municipalities share under the Negotiation Class Metrics shall be reallocated to the
County where that Municipality 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 paragraph 5 of the Agreement, and
according to the Negotiation Class Metrics.
(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 State will appropriate the regional share for
each County and pay that share through DCF 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 as directed by the Opioid
Abatement Task Force or Council.The Managing Entities shall expend monies from
this Regional Fund on services for the Counties within the State that are non-
Qualified Counties and to ensure that there are services in every County. To the
greatest extent practicable, the Managing Entities shall endeavor to expend monies
in each County or for citizens of a County in the amount of the share that a County
would have received if it were a Qualified County.
(c) State Fund-The remainder of Opioid Funds 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 amount.
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Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B (A
16F2
ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
(e) To the extent a County or Municipality wishes to pool, comingle, or
otherwise transfer its share, in whole or part, of Opioid Funds to another County or
Municipality, the comingling Municipalities may do so by written agreement. The
comingling Municipalities shall provide a copy of that agreement to the State and any
settlement administrator to ensure that monies are directed consistent with such
agreement. The County or Municipality receiving any such Opioid Funds shall assume
the responsibility for reporting how such Opioid Funds were utilized under this
Agreement.
5. Regional Fund Sliding Scale-The Regional Fund shall be calculated by utilizing the
following sliding scale of the Opioid Funds available in any year after deduction of Expenses and
any funds due the federal government:
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%
6. Opioid Abatement Taskforce or Council-The State will create an Opioid Abatement
Taskforce or Council (sometimes hereinafter"Taskforce" or"Council") to advise the Governor,
the Legislature, DCF, and Local Governments on the priorities that should be addressed by
expenditure of Opioid Funds 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 Government representatives.
(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 of 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
(i) The Governor shall appoint two Members.
(ii) The Speaker of the House shall appoint one Member.
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Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B CAO
16F2
ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
(iii) The Senate President shall appoint one Member.
(iv) The Attorney General or her designee shall be a Member.
(d) Chair- The Attorney General or designee shall be the chair of the Taskforce
or Council.
(e) Term - Members will be appointed to serve a four-year term and shall be
staggered to comply with Florida Statutes § 20.052(4)(c).
(f) Support - DCF shall support the Taskforce or Council and the Taskforce or
Council shall be administratively housed in DCF.
(g) Meetings-The Taskforce 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 or
similar such uses for how monies should be spent the coming fiscal year to respond to
the opioid epidemic. 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.
(i) Accountability-The State and each of the Local Governments 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 expenditures on Approved Purposes. In setting those
requirements, the Taskforce or Council shall consider the Reporting Templates,
Deliverables,Performance Measures,and other already utilized and existing templates
and forms required by DCF from Managing Entities and suggest that similar
requirements be utilized by all Parties to this Agreement.
(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.
7. Administrative Costs- The State may take no more than a 5% administrative fee
from the State Fund 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.Municipalities and Counties may take no more than a 5% administrative fee
from any funds that they receive or control from the City/County Fund.
7
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Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B CA.O
16F' 2
ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
8. 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.
9. 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
members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply
Chain Participant Settlement.
10. Program Requirements-DCF and Local Governments desire to make the most
efficient and effective use of the Opioid Funds. DCF and Local Governments will work to achieve
that goal by ensuring the following requirements will be minimally met by any governmental entity
or provider providing services pursuant to a contract or grant of Opioid Funds:
a. In either performing services under this Agreement or contracting with a
provider to provide services with the Opioid Funds under this Agreement,the State and
Local Governments shall be aware of and comply with all State and Federal laws,rules,
Children and Families Operating Procedures (CFOPs), and similar regulations relating
to the substance abuse and treatment services.
b. The State and Local Governments shall have and follow their existing policies
and practices for accounting and auditing,including policies relating to whistleblowers
and avoiding fraud, waste, and abuse.The State and Local Governments shall consider
additional policies and practices recommended by the Opioid Abatement Taskforce or
Council. c.In any award or grant to any provider, State and Local Governments shall
ensure that each provider acknowledges its awareness of its obligations under law and
shall audit, supervise, or review each provider's performance routinely, at least once
every year.
d. In contracting with a provider, the State and Local Governments shall set
performance measures in writing for a provider.
e.The State and Local Governments shall receive and report expenditures, service
utilization data, demographic information, and national outcome measures in a similar
fashion as required bythe 42.U.S.C. s. 300x and 42 U.S.C. s. 300x-21.
q
f. The State and Local Governments, that implement evidenced based practice
models will participate in fidelity monitoring as prescribed and completed by the
originator of the model chosen..
g. The State and Local Governments shall ensure that each year, an evaluation of
the procedures and activities undertaken to comply with the requirements of this
Agreement are completed.
8
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Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B lir r"�
16F2
ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
h.The State and Local Governments shall implement a monitoring process that will
demonstrate oversight and corrective action in the case of non-compliance, for all
providers that receive Opioid Funds. Monitoring shall include:
(i) Oversight of the any contractual or grant requirements;
(ii) Develop and utilize standardized monitoring tools;
(iii) Provide DCF and the Opioid Abatement Taskforce or Council with
access to the monitoring reports; and
(iv) Develop and utilize the monitoring reports to create corrective action
plans for providers,where necessary.
11. Reporting and Records Requirements- The State and Local Governments shall
follow their existing reporting and records retention requirements along with considering any
additional recommendations from the Opioid Abatement Taskforce or Council. Local
Governments shall respond and provide documents to any reasonable requests from the State or
Opioid Abatement Taskforce or Council for data or information about programs receiving Opioid
Funds. The State and Local Governments shall ensure that any provider or sub-recipient of Opioid
Funds at a minimum does the following:
(a) Any provider 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 Local Government, any
provider 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
Local Government. These records shall be made available at all reasonable times for
inspection,review, copying, or audit by Federal, State, or other personnel duly authorized
by the State or Local Government.
(b) Any provider shall retain and maintain all client reco
rds, financial records,
supporting documents, statistical records, and any other documents (including electronic
storage media) pertinent to the use of the Opioid Funds during the term of its receipt of
Opioid Funds and retained for a period of six(6) years after its ceases to receives Opioid
Funds or longer when required by law. In the event an audit is required by the State of
Local Governments, records shall be retained for a minimum period of six (6)years after
the audit report is issued or until resolution of any audit findings or litigation based on the
terms of any award or contract.
(c) At all reasonable times for as long as records are maintained, persons duly
authorized by State or Local Government auditors shall be allowed full access to and the
right to examine any of the contracts and related records and documents,regardless of the
form in which kept.
(d) A financial and compliance audit shall be performed annually and provided to
the State.
9
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Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B C
r€
16F2
ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
(e) All providers shall comply and cooperate immediately with any inspections,
reviews,investigations,or audits deemed necessary by The Office of the Inspector General
(section 20.055, F.S.)or the State.
(f) No record may be withheld nor may any provider 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 to any such record.
12. 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 full contingent fees of Local Governments 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 in connection with the Settlement because their
participation increases the amount of 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 Amount that shall be
Government Participation in paid into the Expense Fund
the Settlement(by from(and as a percentage
percentage of the population) of)the City/County fund
96 to 100% 10%
E __ 91 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 Agreement shall be null and
void.
(c) The Timing of Payments 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 payments of the Settlement. Accordingly,to offset the amounts being paid from the
10
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Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B CA,O
is
16F2
ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
City/County Fund 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.
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 $1,000
to 18 years):
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 Agreement, by
order of 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 Payments 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.
13. 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,; (c) violates the limitations set forth herein with
respect to administrative costs or the Expense Fund;or(d)to recover amounts advanced from the
Regional Fund for the Expense Fund.There shall be no other basis for bringing an objection to the
approval of an allocation or expenditure of Opioid Funds. In the event that there is a National
Settlement Administrator or similar entity,the Local Governments sole action for non-payment of
11
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Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B CNC)
16F2
ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
amounts due from the City/County Fund shall be against the particular settling defendant and/or
the National Settlement Administrator or similar entity.
C.Other Terms and Conditions
1. Governing Law and Venue: This Agreement will be governed by the laws of the
State of Florida. Any and all litigation arising under the Agreement,unless otherwise specified in
this Agreement, will be instituted in either: (a) the Court that enters the Order if the matter deals
with a matter covered by the Order and the Court retains jurisdiction; or(b)the appropriate State
court in Leon County,Florida.
2. Agreement Management and Notification: The Parties have identified the
following individuals as Agreement Managers and Administrators:
a. State of Florida Agreement Manager:
Greg Slemp
PL-01,The Capitol,Tallahassee, FL 32399
850-414-3300
Greg.slemp@myfloridalegal.com.
b. State of Florida Agreement Administrator
Janna Barineau
PL-01,The Capitol,Tallahassee, FL 32399
850-414-3300
Janna.barineau@rnyfloridalegal.com
c. Local Governments Agreement Managers and Administrators are listed on
Exhibit C to this Agreement.
Changes to either the Managers or Administrators may be made by notifying the other Party
in writing,without formal amendment to this Agreement.
3. Notices. All notices required under the Agreement will be delivered by certified
mail, return receipt requested, by reputable air courier, or by personal delivery to the designee
identified in paragraphs C.2., above. Either designated recipient may notify the other,in writing,
if someone else is designated to receive notice.
4. Cooperation with Inspector General: Pursuant to section 20.055,Florida Statutes,
the Parties,understand and will comply with their duty to cooperate with the Inspector General in
any investigation, audit,inspection,review,or hearing.
is
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Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B CAD
16F2
ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
5. Public Records: The Parties will keep and maintain public records pursuant to
Chapter 119,Florida Statutes and will comply will all applicable provisions of that Chapter.
b. Modification: This Agreement may only be modified by a written amendment
between the appropriate parties.No promises or agreements made subsequent to the execution of this
Agreement shall be binding unless express,reduced to writing,and signed by the Parties.
7. Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
8. Assignment: The rights granted in this Agreement may not be assigned or
transferred by any party without the prior written approval of the other party. No party shall be
permitted to delegate its responsibilities or obligations under this Agreement without the prior
written approval of the other parties.
9. Additional Documents: The Parties agree to cooperate fully and execute any and
all supplementary documents and to take all additional actions which may be reasonably necessary
or appropriate to give full force and effect to the basic terms and intent of this Agreement.
10. Captions: The captions contained in this Agreement are for convenience only and
shall in no way define, limit, extend or describe the scope of this Agreement or any part of it.
11. Entire Agreement: This Agreement,including any attachments,embodies the entire
agreement of the parties. There are no other provisions, terms, conditions, or obligations. This
Agreement supersedes all previous oral or written communications,representations or agreements
on this subject.
12. Construction: The parties hereto hereby mutually acknowledge and represent that
they have been fully advised by their respective legal counsel of their rights and responsibilities
under this Agreement, that they have read,know, and understand completely the contents hereof,
and that they have voluntarily executed the same. The parties hereto further hereby mutually
acknowledge that they have had input into the drafting of this Agreement and that,accordingly,in
any construction to be made of this Agreement, it shall not be construed for or against any party,
but rather shall be given a fair and reasonable interpretation, based on the plain language of the
Agreement and the expressed intent of the parties.
13. Capacity to Execute Agreement: The parties hereto hereby represent and warrant
that the individuals signing this Agreement on their behalf are duly authorized and fully competent
to do so.
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16F2
ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
14. Effectiveness: This Agreement shall become effective on the date on which the last
required signature is affixed to this Agreement,
IN WITNESS THEREOF,the parties hereto have caused the Agreement to be executed by
their undersigned officials as duly authorized.
/ r ST TE OF FLORIDA
11/15/2021
Y �o� ,i ^ , — -- DATED
Its: C��rk ,�• 11 �A'h�.i e\erat\
14
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Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B CA
16F2
ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
Purchase Agreement
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-tern treatment and services for medical monitoring of NAS babies and their families.
As used in this Schedule A,words like"expand,""fund,""provide"or the like shall not indicate a preference for new or
existing programs. Priorities will be established through the mechanisms described in the Term Sheet.
•
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ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
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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.
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.
is
is
is
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Attachment IV-Florida Opioid Agreement with Schedule A and Schedule B
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ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
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Schedule I3
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 DUD 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,
2 As used in this Schedule B,words like"expand, "fund,""provide"or the like shall not indicate a preference for new or
existing programs. Priorities will be established through the mechanisms described in the Term Sheet.
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ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
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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.
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-infonned 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.
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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.
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.
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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
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
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ATTACHMENT IV-FLORIDA OPIOID AGREEMENT WITH SCHEDULE A AND SCHEDULE B
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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.
S.Provide evidence-informed treatment,including MAT,recovery support,harm reduction,or other
appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are
leaving jail or prison have recently left jail or prison,are on probation or parole,are under community
corrections supervision,or are in re-entry programs or facilities.
6.Support critical time interventions(CTI),particularly for individuals living with dual-diagnosis
OUD/serious mental illness,and services for individuals who face immediate risks and service needs
and risks upon release from correctional settings.
7.Provide training on best practices for addressing the needs of criminal-justice-involved persons with
OUD and any co-occurring SUD/MH conditions to law enforcement,correctional,or judicial personnel
or to providers of treatment,recovery,harm reduction,case management,or other services offered in
connection with any of the strategies described in this section.
E.ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR
FAMILIES,INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH
conditions,and the needs of their families,including babies with neonatal abstinence syndrome(NAS),
through evidence-based or evidence-informed programs or strategies that may include,but are not
limited to,the following:
1.Support evidence-based or evidence-informed treatment,including MAT,recovery services and
supports,and prevention services for pregnant women—or women who could become pregnant—who
have OUD and any co-occurring SUD/MH conditions,and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2.Expand comprehensive evidence-based treatment and recovery services,including MAT,for
uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months
postpartum.
3.Training for obstetricians or other healthcare personnel that work with pregnant women and their
families regarding treatment of OUD and any co-occurring SUD/MH conditions.
4.Expand comprehensive evidence-based treatment and recovery support for NAS babies;expand
services for better continuum of care with infant-need dyad;expand long-term treatment and services
for medical monitoring of NAS babies and their families.
•
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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
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c.Enable states to use PDMP data in support of surveillance or intervention strategies,including
MAT referrals and follow-up for individuals identified within PDMP data as likely to
experience OUD in a manner that complies with all relevant privacy and security laws and rules.
6.Ensuring PDMPs incorporate available overdose/naloxone deployment data,including the United
States Department of Transportation's Emergency Medical Technician overdose database in a manner
that complies with all relevant privacy and security laws and rules.
7.Increase electronic prescribing to prevent diversion or forgery.
8.Educate Dispensers on appropriate opioid dispensing.
G.PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-
informed programs or strategies that may include,but are not limited to,the following:
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-infonned 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
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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:
I.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.
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.
l 1.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.
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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.
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 fimding 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
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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 SHIRT 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.QuaIitative and quantitative research regarding public health risks and harm reduction opportunities
within illicit drug markets,including surveys of market participants who sell or distribute illicit opioids.
9.Geospatial analysis of access barriers to MAT and their association with treatment engagement and
treatment outcomes.
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ATTACHMENT V-GUIDANCE 41 CORE
Purchase Agreement i,,,,,;.
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Coordinated Opioid Recovery(CORE) Network of Addiction Care
Contract Reference: Contract Exhibit A.Administration C-1.23
Authority: Section 394.9082,F.S. C-1.2.3.25
Frequency and Due Date:Service data submissions are updated daily;all others are due monthly by the
18th.
I. Definitions
1. 24.7 Access Point:A 24-7 access point can either be an Emergency Department(ED),Emergency
Medical Services(EMS)or a Central Receiving Facility(CRF).All 24-7 access points must provide
immediate buprenorphine products or other medication assisted treatment(MAT)when clinically
appropriate,without a requirement for a higher level of care with a continuation plan until the patient
has established care at the receiving clinic,preventing a lapse in treatment. The 24-7 access point can
recommend a higher level of care but will still offer lifesaving treatment in outpatient setting if patient
refuses a higher level.
2. Receiving Clinic:A receiving clinic is the provider in the community providing long-term MAT.A
receiving clinic can be substance use only provider or a Federally Qualified Health Center(FQHC)or a
Community Behavioral Health Center(CBHC)that treats all patients regardless of ability to pay and
receives all patients from the 24-7 access point to continue MAT services indefinitely in an outpatient
setting.Transportation should be made available to patients if this is a barrier to treatment.The
receiving clinic may recommend a higher level of care for the patient but will not stop treatment if the
patient refuses the recommendation. Receiving clinics serve as a substance use medical home for
lifelong care providing MAT,substance use therapy,psychiatry,and primary care.If the receiving clinic
does not provide primary care,including health and dental care,they must partner with a provider that
offers those services to the individual.
3. Recovery Supports:These include peer support services,social determinants of health(supportive
housing,supportive employment,transportation,drop-in centers,recovery community organizations,
aftercare,and legal services). Recovery Supports must have coordinated relationships with the 24-7
access points and receiving clinics.
4. Warm Handoff:The patient must continue lifesaving buprenorphine or other MAT until handed off to
the receiving clinic from the 24-7 access point with no lapse in care. Peer supports,case managers,
care coordinators,or nurse coordinators can be utilized.Facilitating a warm handoff means actively
connecting an individual to another service provider.This process goes beyond simply providing a
referral name,phone number,and appointment time.Warm handoffs are a transfer of care between
two providers in the presence of the individual and their family(if present).The purpose of the warm
handoff is to engage the individual with the new provider.
II. Purpose
This document provides direction and guidance for administration,implementation,and management of
Florida's Coordinated Opioid Recovery(CORE)Network of Addiction Care.Also included are the
purpose,policies,and competencies intended to ensure that funds are used effectively to combat
opioid use disorder in Florida,in accordance with state and federal laws and regulations.
To ensure the implementation and administration of this project,the Managing Entity will engage in
contract negotiations with Receiving Clinics,Emergency Medical Providers,and Emergency
Purchase Agreement
Attachment V-Guidance 41 CORE (.A0
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ATTACHMENT V-GUIDANCE 41 CORE
urc ash gr ement
Departments participating in a CORE Networ an wlliacnieve the outcomes of the service delivery
and reporting requirements.Additional partners may be included to strengthen a CORE Network.Data
reporting requirements include data required by opioid settlement funds in addition to some CORE
specific data outcomes as defined in section IX.CORE Networks provide immediate,low barrier,24-7
access to evidence-based care for opioid use disorders.24-7 access points provide buprenorphine
inductions when appropriate without a need for higher level of care.Patients will have a warm handoff
to a receiving clinic where MAT will be continued,with no lapse in care:The Managing Entity shall not
make any changes or variations from fidelity to the structure,implementation,and data collection of the
CORE model as stated in this document without prior written approval from the Department.
III. CORE Network Requirements
The table below defines each of the required elements for CORE.
24.7 access to care. 24-7 availability for treatment with MAT.Specifically,buprenorphine must be
available 247 in an emergency setting with no need for admission to
inpatient care to receive treatment Immediately.24-7 access to care can
come from an ED,EMS or a CRF.
Peer support services. Peers provide support services such as a warm handoff from the 24-7 access point
(ED,CRF,EMS)and continuous follow-up.
All FDA approved MAT FDA approved MAT for opioid use disorders includes methadone,naltrexone,and
services. buprenorphine products.
Maintenance of MAT The Substance Abuse and Mental Health Services Administration's TIP 431
according to guidelines. recommends that patients receiving MAT should be maintained at least two years
of continuous stability,or longer,without taper recommendation.Tapering is
considered an optional branch.
Individual approach to Buprenorphine should not be restricted to a certain dose,because of fentanyl,as
dosing without limits. increasing doses enhances retention and decreases cocaine use.Dosing should be
based on decreasing withdrawal over 24 hours.
Receiving clinic An FQHC or CBHC that can take patients during business hours for intake
receives patients from and serve as a substance use medical home for lifelong care providing
24.7 care and MAT,substance use therapy,psychiatry,and primary care.
continues lifelong
treatment.
Clinic and ER testing I Report through E-Force every visit and provide drug panels in receiving
Prescription Drug clinics and 24.7 access points.
Monitoring Program
(PDMP).
Established intake An intake and assessment that includes a doctor's visit to start substance use
process. disorder(SUD)treatment and a biopsychosocial completed or countersigned by a
qualified professional.
Established protocol for There should be a high dose and low dose induction protocol with preference
induction on given to the high dose induction protocol that can be given immediately after use
buprenorphine. or natoxone reversal.
Treating comorbid alcohol American Society of Addiction Medication(ASAM)report the use of
and benzodiazepine use benzodiazepines or other sedative-hypnotics are not a reason to withhold or
disorder. suspend treatment.Follow best practices and guidelines provided in Federal
Guidelines.2,3
Naloxone readily Naloxone quickly reverses an overdose by blocking the effects of opioids.It can
available. restore normal breathing within 2 to 3 minutes in a person whose breath has
slowed,or even stopped,as a result of an opioid overdose.
Access to higher levels of In the county there should be a functional referral relationship with public/private
care for all, detoxification programs to assist with complex detoxification
(benzadiazepines/alcohol patients with delirium tremens/DTs),access to public/
Purchase Agreement
Attachment V-Guidance 41 CORE CAO
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ATTACHMENT V-GUIDANCE 41 CORE
Pt{r hasc Agreement
private residential,partial A hospta zaton programs(PHPs),intensive outpatient programs
(10Ps)and outpatient levels of care for adults and pregnant women.
Clinical expert in Established Medical Doctor(MD)or Doctor of Osteopathy(DO)who is primary care or
addiction medicine or psychiatrically trained and who has addiction medicine or addiction psychiatry
champion. certification.
Therapists in outpatient Licensed Mental Health Counselors(LMHCs),psychologists,Licensed Clinical Social
setting. Workers(LCSWs)and interns who provide group and individual therapy as part of
the SUD program.
Primary care access. All patients should have access to primary care.
Infectious disease All patients enrolling in an SUD program should be tested for HIV,hepatitis panel
screening. (especially hepatitis C),syphilis,and tuberculous as needed,as part of the intake.
Access to psychiatry at Psychiatric provider should be available and all patients entering the SUD program
the FQHC orCBHC. should receive a psychiatric evaluation to assist with underlying psychiatric
problems as they can be comorbid with SUD diagnosis.
Group therapy access in Individuals should have access to group therapy.
the clinic or with a
collaborative partner.
Individual therapy access Individuals should have access to individual therapy.
in clinic or with a
collaborative partner.
Clinic structured by Patients should start receiving MAT with methadone or buprenorphine in a
phases of treatment. phased approach to allow for flexibility based on need and clinical judgement
All levels of care to assist Evidence-based pregnancy care with buprenorphine/methadone options available
with pregnant women. while in residential,PHP, 10P or outpatient care.This should also be coordinated
with the woman's OBGYN team and OB triage that is comfortable managing.
Following of outcome The BAM is completed monthly by all OUD patients in the receiving
measures and data, clinic.Supplemental questions have been added to the BAM
specifically the Brief collection process.
Addiction Monitoring
(BAM)tool.
IV. Eligibility
The CORE Network prioritizes adults aged 18 or older who experience any of the following:
1. A confirmed or suspected opioid overdose requiring naloxone administration.
2. Signs and symptoms of severe opioid withdrawal.
3. Acute opioid withdrawal as a chief complaint.
4. Individuals seeking support for opioid use disorder(OUD)within a CORE Network.
V. CORE Network
The CORE Network establishes a recovery-oriented continuum of care and support for those seeking
treatment and recovery support services for OUD.This comprehensive approach expands every
aspect of overdose response and treats all primary and secondary impacts of substance use disorder.
The CORE Network disrupts the revolving door of substance use disorder/opioid use disorders and
overdose by providing an evidence based coordinated network of care linking patients to community
partners in a continuum from a crisis all the way to lifelong care in a low barrier,sustainable way. It
incorporates quality improvement through measure outcomes that help sustain the network
locally.Department approval is required before implementing any variation of the CORE Network.
The CORE Network includes the following tiered approach with a warm handoff provided at each level:
1. Rescue response.
2. 24-7 access point for stabilization!assessment.
3. Receiving clinics for long-term treatment.
Purchase Agreement
Attachment V-Guidance 41 CORE k.�y�A
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ATTACHMENT V-GUIDANCE 41 CORE
Purchase Agreement
VI. CORE Sustainability
• Sustaining CORE Networks in all counties will require blending and braiding from various funding sources at
different levels.The Department will fund counties$700,000-$1,000,000 in the first year of a county
onboarding a CORE Network.The funding methodology factors in:
o Population.
o Opioid overdose death rate.
o Non-fatal opioid overdose hospitalizations.
o Opioid overdose emergency department visits.
o Opioid overdose EMS transport response.
o Naloxone administration by EMS.
o Historical cost of services funded by the Department.
Funding will be reduced by 50%in year two and reduced an additional 25%beginning in year 3 through
the remainder of the Opioid Settlement.
VII. Managing Entity Responsibilities
To ensure consistent statewide implementation and administration of CORE,the Managing Entity
shall ensure all program requirements,are met through formal partnership agreements such as
subcontracts,or memorandum of understandings with Network Service Providers and system
partners with implementation timelines based on community partnerships and readiness.The
Managing Entity shall implement a CORE Network in accordance with the outlined programmatic
standards and in accordance with Florida's Opioid Abatement requirements.The Managing Entity
shall expend the funds on approved purposes only.The Statewide Council on Opioid Abatement may
pass additional measures and requirements that the Department and Managing Entities must follow
when evaluating compliance, performance, and implementation.CORE Networks utilize the no wrong
• door approach to accessing services.The CORE Network standards are as follows:
1. Rescue Response
a. Individual in need of services is treated by first responders(fire rescue/Emergency
Medical Services(EMS) personnel).
b. Treatment includes use of specialized EMS protocols for overdose,acute withdrawal,and
can include induction to buprenorphine.
c. EMS provides a warm handoff to the ED or receiving clinic.
d. EMS may provide buprenorphine for patients while waiting for warm handoff to receiving
clinic after induction performed by EMS or ED.
e. CORE EMS partners will coordinate with other EMS agencies within in their county to
follow up with patients who overdosed and received care from a non-CORE Network EMS
provider.
2. Stabilization/Assessment
a. Individual receives treatment at a 24-7 access point.
b. Treatment options include medication-assisted treatment,which entails,at a minimum,
the ability to induct individuals on buprenorphine. and issue a prescription for
buprenorphine that lasts until their initial appointment with a community-based provider
prior to being released from the ED.
c. Specialty-trained medical staff recommend the care best suited for the individual and a
peer navigator facilitates a warm handoff to the receiving clinic for long-term treatment.
3. Receiving Clinics
Purchase Agreement
Attachment V Guidance 41 CORE
CAO
is
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ATTACHMENT V-GUIDANCE 41 CORE
Purchase Agree ent
a. Individual receives long-term-care and wrap around support.
b. Individual is treated by a team of licensed and certified professionals that specialize in
treating addiction.
c. Services may include long-term management of MAT,therapy,psychiatric services,
individualized care coordination,and links to other health services.
d. Individuals shall receive services to address any identified social service needs.
e. Ensure implementation of the BAM along with other data requirements.
4. Warm Handoff and Recovery Supports
a. Certified Recovery Peer Specialists utilize direct lived experience with SUD and recovery
to reduce stigma and increase engagement into services.
b. Certified Recovery Peer Specialists facilitate warm handoffs to treatment and recovery
community organizations.
VIII.Network Service Provider and System Partner Responsibilities
Network Service Providers,Emergency Departments,and Emergency Medical Services shall identify
staff to be responsible for activities required through the CORE partnership.Network Service
Providers and system partners including EDs and EMS shall implement a CORE Network and shall
provide eligible individuals with treatment that includes use of specialized protocols for overdose and
acute withdrawal and provide MAT.CORE partners shall work together identifying a point of contact,
preferably the peer specialist,to provide warm handoffs as the individual transitions to different
services.Network Service Providers and system partners including EDs and EMS shall complete
online CORE training available on the CORE website and any other training required by DCF.
IX. Data
1. Data Collection and Management
Opioid settlement funds will be used to implement CORE Networks.A required component of
the state's opioid settlement is to use an evidence-based data collection process to analyze
the effectiveness of substance use abatement.The opioid settlement states that the State
and Local Governments shall receive and report expenditures,service utilization data,
demographic information,and national outcome measures in a similar fashion as required by
the 42.U.S_C.s.300x and 42 U.S.C.s.300x-21.
a. Managing Entities shall ensure that all CORE partners comply with the required data
collection process.This includes collecting data on expenditures,service utilization,and
demographic information of individuals receiving services within the CORE Network.
b. Data collection should be based on standardized procedures to ensure consistency and
accuracy across all service providers.
c. To evaluate the effectiveness of substance use abatement,the data collection process
should allow for tracking and measuring key outcome Indicators related to opioid use
disorder treatment,such as retention rates,reduction in overdose incidents,and
improvements in overall well-being.
The Opioid Data Management System(ODMS)was developed by the Florida Department of
Children and Families to store data submitted by counties,municipalities,providers,and any
other entity receiving Opioid Settlement Funding.The Opioid Data Management System
consists of two portals,The provider portal will receive electronic data for services rendered.
The second portal will serve as a platform to enter implementation/abatement plans,financial
expenditure information,financial audit documentation and other supporting documentation
as necessary.
Purchase Agreement
Attachment V-Guidance 41 CORE Ct
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ATTACHMENT V-GUIDANCE 41 CORE
u ch e A reeme
X12 837 EDI files will be submitted r the ilepartment through the provider portal This will help to
reduce administrative burdens.A recording of the Opioid Data Management System Provider Webinar
is available on the Florida Opioid Settlement website.Resources-Florida Opioid Settlement
Providers must ensure secure data sharing,confidentiality,and privacy in accordance with all
applicable rules and statutes.All data contained within the Opioid Data Management System 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.Receiving Clinics and
Emergency Department staff will be required to complete the CF-112 Access Confidentiality and
Nondisclosure Agreement and the DCF Security Awareness Basics Training module before being
granted access to the Opioid Data Management System.Regular data audits will be conducted to
ensure data integrity and identify any discrepancies or errors for timely correction.
Data submitted with an X12 837 EDI file are uploaded nightly.For any data that is not
submitted with an X12 837 EDI file, data is due on the 18th of each month for services
provided in the prior month.Submitted data for services will use standard industry codes such
as CPT and HCPCS billing codes.
The Department will receive Emergency Medical Service data through a data sharing
agreement with the Department of Health for data that has been entered into the Emergency
Medical Services Tracking and Reporting System.
2. Brief Addiction Monitoring Tool
The Brief Addiction Monitoring Tool(BAM)is a 17-item, multidimensional,progress-
monitoring instrument for patients in treatment for a substance use disorder(SUD).The BAM
includes items that assess risk factors for substance use,protective factors that support
sobriety,and drug and alcohol use.The BAM assessment tool measures patient outcomes
and success of the overall project. Receiving clinics must provide the QR Code and
encourage completion of the BAM on all individuals with an SUD,every 30 days. The
Department created an application for individuals to complete the BAM via a QR code. In
addition to the 17 questions from the BAM,the Department has included several questions
related to social determinants of health.
X. Resources
The Coordinated Opioid Recovery- A Network of Addiction Care website contains training videos,
protocols and best practices for all tiers within a CORE Network.For more information,visit the CORE
Network - Hope for Addiction Recovery website at CORE Network - Hope for Addiction Recovery
(flcorenetwork.com)
1 Medication-Assisted Treatment For Opioid Addiction in Opioid Addiction in Opioid Treatment Programs:A
Treatment Improvement Protocol TIP 43:
Bookshelf NBK64164.pdf(nih,gov)
2 U.S.Food and Drug Administration:
https:llwww,fda.gov/drugs/drug-safety-and-availability/fda-drug-safety-communication-fda-urges-
caution-about-withholding-opioid-addiction-medications
3 American Society of Addiction Medicine—The ASAM National Practice Guideline For The Treatment
of Opioid Use Disorder:
National Practice Guideline for the Treatment of Opioid Use Disorder
Purchase Agreement
Attachment V-Guidance 41 CORE CAO
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