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Agenda 10/28/2025 Item #16D 4 (First amendment to DLC Drug Court Program)10/28/2025 Item # 16.D.4 ID# 2025-4312 Executive Summary Recommendation to approve and authorize the Chairman to sign the First Amendment to the Agreement between the David Lawrence Mental Health Center (DOJ/BJA-23-01) and Collier County to update language throughout the agreement per new federal guidelines. (Housing Grant Fund 1835 and Housing Match Fund 1836) OBJECTIVE: To continue to provide a post adjudication, court supervised, substance abuse Drug Court Program for people involved in the criminal justice system and advancing Collier County’s strategic objective of enhancing access to health, wellness and human services. CONSIDERATIONS: On April 25, 2023, Agenda Item #16.D.9, the Board of County Commissioners (Board) approved the “After-the-Fact” submittal of an Adult Drug Court Discretionary funding application to the Department of Justice (DOJ) - Bureau of Justice Assistance through Grant # 15PBJA-23-GG-04295-DGCT. On September 27, 2023, Collier County was notified of the award. Subsequently, on October 24, 2023, Agenda Item #16.D.10, the Board executed a grant agreement with the U.S. Department of Justice to receive $1,000,000 in federal Funds. On March 26, 2024, Agenda Item #16.D.10, the Board executed an agreement between Collier County and David Lawrence Mental Health Center (DLC) to serve adults 18 and over, who have been arrested; are substance dependent; and are at risk of failing in less intensive rehabilitation programs. The program is anticipated to serve 120 participants. Amendment #1 will: • Update/Add language in sections: o Section 1.1 Add the Conflict of Interest and Limited English Proficiency language o Section 1.2 Add Conflict of Interest, Whistleblower Protections Certification and Affidavit Regarding Labor and Services language o Section 1.3 Update language regarding obligated funds and performance end date o Section 1.4 Update language to clarify budget shifts between line items o Section 2.2 Identify the County’s records custodian and add language for cybersecurity o Section 2.3 Add language for hours of when documents are to be made available o Section 2.6 Add language on withholding payment for documented non-compliance o Section 3.1 Remove language specific to FGCU o Section 3.7 Revise language to remove copyrightable materials or inventions o Section 3.12 Remove Build America, Buy America since not applicable to Drug Court o Section 3.13 Remove Program Generated Income as it is not applicable to this grant o Section 3.17 Update who should complete conflict of interest form o Section 3.18 Update name of incident report form o Add Section 3.19 Duplication of Effort o Add Section 3.22 Miscellaneous o Add Section 3.23 Waiver o Section 4.4 Add F. Unauthorized Aliens o Section 4.7 Update language adding §787.06 o General provisions add Sections 4.18, and 4.34-4.38 • Add document to Exhibit E – Contract Between Collier County and Bureau of Justice Assistance • Add Exhibits F (Incident Report Form) and G (Whistleblower Affidavit) • Renumber where applicable Advances Collier County’s strategic objective of enhancing access to health, wellness and human services. FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal impact. Funds are budgeted in Housing Grant Fund (1835) and Housing Match Fund (1836), Project 33880. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. Page 2061 of 3380 10/28/2025 Item # 16.D.4 ID# 2025-4312 LEGAL CONSIDERATIONS: This item has been approved in terms of form and legality and requires a majority vote for Board approval. - CLD RECOMMENDATIONS: To approve and authorize the Chairman to sign the First Amendment to the Agreement between the David Lawrence Mental Health Center and Collier County (DOJ/BJA-23-01) to update language throughout the agreement per new federal guidelines. (Housing Grant Fund 1835 and Housing Match Fund 1836) PREPARED BY: Prepared by Carolyn Noble, Grants Coordinator, Community & Human Services Division. ATTACHMENTS: 1. EXECUTED DLC Drug Court Agreement 15BJA 3.26.24 16.D.10 2. First Amendment to DLC Drug Court Signed 10.6.25 Page 2062 of 3380 FAIN# l 5PBJA-23-GG-04295- DGCT Federal Award Date 09 /27 /2023 Federal Award Agency DOJ-Bureau of Justice Assistance (BJA) CFDA Name Adult Drug Court Enhancement Program CFDA/CSFA# 16.585 Total Amount of Federal $900 ,000.00 Funds Awarded Subrecipient Name David Lawrence Mental Health Center, Inc. UEI# PBE3LMA8J4Y1 FEIN# 59-2206025 R&D No Indirect Cost Rate No Period of Performance 10 /1 /23 - 9/30 /2027 Fiscal Year End 6/30 Monitor End: 12 /2027 AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LA WREN CE MENTAL HEALTH CENTER, INC. (dba) DAVID LAWRENCE CENTER Dru g Couti Pro gram THIS AGREEMENT, made and entered into on this 2 (A rt day of fl// /tf f<. (,},,f 2024 , by and between Collier County , a political subdivi s ion of the State of Florida, (COUNTY) having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and David Lawrence Mental Health Center, Inc. d/b/a David Lawrence Center (SUBRECIPIENT), a private not-for-profit corporation , having its principal office at 6075 Bathey Lane, Naples, Florida 34116 . STATEMENT OF WORK The SUBRECIPIENT shall provide services in accordance with the Scope of Work, provided in Part I, and the COUNTY 's application submitted to , and approv e d by , the U.S. Depatiment of Justice (DOJ)-Bureau of Justice Assistance (BJA), referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon , in writing, by the SUBRECIPIENT and the COUNTY, in compliance with Collier County 's Administrative Procedures and Department of Justice (DOJ) requirements in effect at the time such services are authorized. NOW, THEREFORE , in consideration of the mutual benefits contained herein , it is agreed by the Parties as follows : [24-SOC-0J 148/18455 72/1 ) David Lawrence Me ntal Health Cent er Adult Dru g Court Enh ancem ent DOJ/BJA-2 3-0 I 202 3-G G-04295-DGCT Pa ge I of 47 Page 2063 of 3380 PART! SCOPE OF WORK The SUBRECIPIENT s ha ll , in a satisfactory and proper manner and consistent with any standards required as a condition of providing DOJ/BJA assistance, as provided herein and as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Drug Court Discretionary Grant Program Description of project and outcome: This Program wil I target a population of perso ns 18 years and older, who have been arrested; are substance dependent; and at risk of failing in less intensive rehabilitation programs. Participants shall receive case management, treatment, drug testing , and incidental expenses and s upplies . If needed, participants have access to a full array of Medication Assisted Treatments (MAT) at either the primary treatment provider, David Lawrence Center; the local methadone clinic; or other community providers. The program will include salarie s, travel , supplie s and incidentals and training costs associated with program delivery. All BJ A-funded adult dru g courts must be operated based on the 10 key components for drug courts, which are found in BJA 's and National Association of Drug Court Professional's (NADCP) publication: Defining Drug Courts: The Key Components, which can be found at: http ://www.ncjrs .gov/pdffilesl/bja/20562 I .pdf. During the grant period of performance, if BJ A concludes that a funded drug court is not conforming to the l O key components, it retains the right to place the award SUBRECIPIENT on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement. Regarding medication-assisted treatment (MAT), the award SUBRECIPIENT understands and agrees to the following: l) all clients in a BJ A-funded drug cout1 have a right to access MAT under the care and pre scri ption of a physician to the extent MAT is clinically indicated ; 2) BJA- funded drug courts must not deny any eligible client enrollment to the drug court program because of their use of FDA-approved medications for the treatment of substance abuse; 3) MAT must be permitted to be continued for as long as the prescriber determines that the FDA-approved medication is clinically beneficial ; 4) while under no circumstances can a BJ A-funded drug court program deny access to MAT under the care and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the risk of abuse, misuse, or diversion of these medications ; and 5) federal funds shall not be used to support activities that violate the Controlled Substances Act, 21 U.S.C. 801-904. SUBRECIPIENT shall adhere to all regulations and requirements of the Agreement between Collier County and Bureau of Justice Assistance, incorporated herein as Exhibit E. [24-SOC-0I 148 /18 45572/1] David Lawrence Mental Health Center Adult Drug Co urt En hanceme nt DOJ/BJA-23-0 I 2023-GG-04295-DGCT Page 2 of 47 Page 2064 of 3380 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS for approval a deta iled schedule for the implementation of the project. B. The following reso lutions and policies must be submitted to CHS within sixty (60) days of this Agreement: IZJ Affirmative Action/ Equal Opportunity Policy IZJ Business Associate Agreement IZJ Conflict ofinterest Policy IZJ Procurement Policy IZJ Sexual Harassment Policy IZJ Section 504/ADA Policy IZJ Fraud, Waste , and Abuse Policy IZJ Language Assistance and Planning Policy (LAP) IZJ E qual Access for Transgender Persons Policy (LGBTQ Policy) IZJ Personally Identifiabl e Information (PII) Policy IZJ No Texting while Driving Policy C. Environmental Review Requirement (ERR)-N/A D. Annual Subrecipient Training -SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual Subrecipient Training related to the use of Neighborly software for uploading required documentation and pay reque sts. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Personnel $493,973.00 Training & Travel $16,368.00 Supplies & Incidentals $331,159.00 Contracted Personnel $58,500.00 Total Federal Funds: $900,000.00 Match Funds (25%) $300,000.000 SUBRECIPIENT shall provide Match funds monthly throughout the grant term. The match amount submitted is not required to be commensurate or propo1tionate to the amount of the pay request. The SUBRECIPIENT will accomplish the following checked project tasks: IZJ Maintain and provide beneficiary documentation to the COUNTY, as requested. IZJ Provide Quarterly Progress Reports. [24-SOC-0 I 148/1845 572/ I] David Law rence Mental Health Center Adult Drug Co urt En han ce ment DOJ/BJA-23-0 I 2023 -GG-04 295-DGCT Page 3 of 47 Page 2065 of 3380 ~ Ensure attendance by a representative from executive management at quarterly partnership meetings , as reque sted by CHS. ~ Identify Lead Point of Co ntact/Manager for the project. ~ E nsure project s ites are Section 504/A DA accessible. B. Performance De liverables Program Deliverable Special Grant Condition Policies (Section 1.1) Insurance Detailed project implementation schedu le Submission of Progress Report Annual Audit Monitor ing Report Financial and Compliance Audit Business Associate Agreement Program Income Dru g Co urt Policies and Procedures Manual Emp loyee Attestation of Texting and Driving Policy C. Payment Deliverab les Payment Deliverable Project Component 1: Personnel Project Component 2: Travel and Training [24-SOC-01148 /1845572/l ] David Lawrence Mental Health Center Adult Drug Court Enh ancement DOJ /BJA-23 -01 2023 -GG -04295 -D GCT D e liverab le Supporting Submission Schedu le Documentation Policies as stated in this Within s ixty (60) days of Agreement Agreement execution Insurance Certificate Within 30 days of Agreement Exhibit A execution and annually within thi1tv (30) days of renewa l Project Schedule Within sixty (60) days of Agreement execution Exhibit C Quarterly reports by the 15 th day following the end of the qua1ter ExhibitD Annually , within 60 days after FY end Audit, Management Letter, and Annual ly, nine (9) months for Supporting Documentation Sing le Audit OR one hundred eighty (180) days after FY end Busin ess Associate Agreement Within 60 days of Agree ment execution Program Income -Planned us e Quarterly -by the 20 th day of program generated income following the end of the qua1ter Policy and Procedure Manual Within 60 days of Agreement execution and updates per occurrence Signed Texting and Drivin g Within 60 days of Agreement Policy execution (staff driving while performing work during use of funds provided by this grant) Payment Supporting Documentation Submission Schedule Submission of supporting documents must Monthly by the 30°1 of be provided a s backup , as evidenced by the month following time s heet, payroll register or check stubs, the month of service bank statements or credit card statements, and any other additional documentation , as requested. Ex hibit B Submi ss ion of s upporting documents must Monthly by the 30th of be provided as backup, as ev idence d by the month following training agenda, invoice for auto , hotel s, the month of service and airlines per County guidelines which inc lud e obtaining three quotes prior to Page 4 of 47 Page 2066 of 3380 making reservations , check stubs , bank statements, credit card statements, and any other additional documentation , as requested. Please see se ction 4.9 regarding conference related travel. Exhibit B Travel expenses are required to comply with GSA per diem rates . Project Component 3: Submission of supporting documents must Monthly by the 301h of Incidentals and Suppl ies be provided as backup , as evidenced by the month following invoices/receipts , check stubs , bank the month of service statements, credit card statements , and any other additional documentation , as requested. Exhibit B Project Component 4: Submission of supporting documents must Monthly by the 30°1 of Contracted Personnel be provided as backup, as evidenced by the month following invoices, check stubs or bank statements, the month of service credit card statements , and any other additional documentation, as requested. Exhibit B Match David Lawrence Center is responsib le for Month ly by the 30°1 of 25% of the total award amount from DOJ the following month ($900 ,000.00). The formula for of service, submitted calculating total match in this agreement is with pay request. $900,000.001. 75 =$1,200,000.00 Match required even x.25 =$300 ,000 .00. if a zero dollar pay Total match required per year is request is submitted $75 ,000.00. on Exhibit B. Match is required month ly even ifthere is a zero dollar pay request submitted for Exhibit B. It is recommended that the SUBRECIPIENT submit a minimum of $6 ,250.00 monthly to reach the annual match requirement of $75 ,000.00. 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on October I , 2023 , and end on September 30 , 2027. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement, in accordance with DOJ/BJA approval. Extensions must be authorized , in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available NINE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($900 ,000.00) for use by the SUBRECIPIENT during the term of the Agreement (hereinafter, referred to as the "Funds"). SUBRECIPIENT is permitted to submit for expenses [24-SOC-0 I 148/18455 72/1] David Lawrence Me ntal Health Center Adult Drug C ourt Enhan cement DOJ/BJA-23-0 I 2023-GG-04295-DGCT Page 5 of47 Page 2067 of 3380 incurred from October 1, 2023 , forward. The SUBRECIPIENT shall also submit match funds, in the amount of THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($300,000.00). The SUBRECIPIENT agrees that no funds under this grant award (including via subcontract or subaward , at any tier) may be use d for unmanned aircraft systems (UAS), which includes unmann ed aircraft vehicles (UA V), or for any accompanying accessories to support UAS. Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted Fund shifts among line it e ms may be approved administratively by CHS for up to 10 percent (10%) of the total funding agreement and s hall not signify a change in scope. Fund shifts that exceed 10 percent (10%) shall require formal Grant Award Modification (GAM) by DOJ , and approval by the Board of County Commissioners (Board). The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disburs ement of DOJ/BJA funds until funds are needed for eligible costs , and all disbursement requests must be limited to the amount needed at the time of the reque st. SUBRECIPIENT may expend fund s only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required eve1y month. If no work has been performed during that month , or if the SUBRECIPIENT is not yet prepared to send the required backup , a $0 invoice will be required. Exp lanations will be required if two consecutive months of $0 invoic es are submitted. Payments shall be made to SUBRECIPIENT when requested as work progres ses , but not more frequently than once per month . Reimbursement will not occur if SUBRECJPIENT fails to perform the minimum level of service required by this Agreement. F in a l inv o ices are due no later than 90 days after the end of th e Ag reement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be proce ssed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to all applicable Local, State, or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." In accepting grant funding from the COUNTY, SUBRECIPIENT agrees that these funds cannot and must not be utilized for expenditures already covered by other funding resources received . SUBRECJPIENT may not reque st reimburseme nt for expenses under agreement 2023-GG-04295 that have been previously submitted under agreement 2020-DC-BX-0 138 or 20 I 7-DC-BX-0053 or any prior agreement. This would be considered a duplication of benefits , which is prohibited by law. If a duplication of benefits occurs, COUNTY re se rves the right to recoup those funds. If the SUBRECIPIENT currently has other active awards of federal funds, or if the SUBRECIPIENT receives any other award of federal funds during the period of performance for this award, the SUBRECIPIENT promptly must determine whether funds from any of those other federal awards have been, are being, or are to be u se d (in whole or in part) for one or more (2 4-S OC-0 1148 /184 5572/l] David Lawrence Mental Health Ce nt er Adult Drug Court Enhancement DOJ/BJA-23-0 I 2023-GG-04295-DG CT Pa ge 6 of 47 Page 2068 of 3380 of the identical cost items for which funds are provided under this award. If so, the SUBRECIPIENT must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding . 1.5 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200.93 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, SUB RECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project referenced above , as defined in 2 CFR 200.413. SUBRECJPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT shall follow 2 CFR Subpa1i E-Cost Principles. The SUBRECIPIENT shall pay all sales, consumer, use, and other similar taxes associated with the work or portions thereof, which are applicable, during the performance of the work. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delive1y or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples , Florida 34112 Email: Carolyn.Noble@ colliercountyfl.gov Telephone: (239) 450-5186 SUBRECIPIENT ATTENTION: Scott Burgess, President, and CEO David Lawrence Mental Health Center, Inc. [24-SO C-01148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJ /BJA-23-0 I 2023-GG-04295-DGC T 6075 Bathey Lane Naples, Florida 34116 Email: scottb@dlcenters.org Telephone: (239) 3 54-1425 Remainder of Page Intentionally Left Blank Pa ge 7 of 47 Page 2069 of 3380 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS During the term of thi s Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report , Management Letter, and supporting documentation nine (9) months ( or one hundred eighty (180) days for Subrecipients exempt from Singl e Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary , the SUBRECIPIENT shall make available for review, inspection, or audit all records , documentation , and any other data relating to all matters covered by the Agreement. The SUBRECIPIENT must fully clear all deficiencies noted in the audit report within 30 days of receipt of the report. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments . The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpati F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records , in accordance with DOJ/BJA requirements to determine compliance with the requirements of this Agreement, the DOJ/BJA Drug Court Enhancement Program , and all other applicable laws and regulations. This documentation shall include, but is not limited to: A. All records required by DOJ /BJA regulations. B. The SUBRECIPIENT must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010 , and other applicable laws. C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. [24-S OC-0 1148/1845572/1 J David Lawrence Mental Health Cent er Adult Drug Co urt Enh ancement DOJ/BJA-23-0 I 2023 -GG-04295 -DGCT Page 8 of 47 Page 2070 of 3380 D. The SUBRECIPIENT shall make available at any time upon request by the COUNTY or CHS, all repo1i s, plans , s urveys , information , documents, map s, books , records , and other data proc edures developed , prepared , assembl ed, or completed by the SUBRECIPIENT for this Agreement. Mate rial s identified in the previou s sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices , which s ufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by thi s Agree me nt , in c luding matching funds and Program Income. These record s shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials , equipment, supplies and services, and other costs and expenses of whatever nature for which reimburse ment is claimed under the provisions of this Agreement. E . Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to thi s Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT s hall keep all documents and records in an orderly fashion in a readily accessible , permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation repo1i , as prescribed in 2 CFR 200.334; However, if any litigation , claim , or audit that is started before the expiration date of the three (3) year period , the records will be maintained until all litigation , claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the record s are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public record s and transfer at no cost to COUNTY, all public records in SUBRECIPIENT's possess ion upon termination of the Agreement and de stro y any duplic ate exempt or confidential public reco rds that are rel eased from public record s disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. F. The SUBRECIPIENT shall maintain records s howing compliance with federal purchasing requirements and other federal requirements for grant implementation. G. SUBRECIPIENT will be re s ponsible for the creation and maintenance of client eligibility files and documentation that persons served were eligible under the DOJ/BJA requirements. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. H. SUBRECIPIENT shall document how compliance with the eligibility requirement(s) under which funding was accomplished. This includes DOJ/BJA special considerations and reporting requirements. I. SUBRECIPIENT shall provide the public with acce ss to public records on the same terms and condition s that the COUNTY would provide the records , and at a cost that does not exceed the cost pro v ided in C hapter 119 , Florida Statutes or as otherwise provided by law. [24-S OC-0 1148/ 18 45572/ I] David Lawrence Ment al Health Cent er Adult Drug Co urt Enh ance ment DOJ/BJA-23 -0 I 2023-GG-04295-DGC T Page 9 of 4 7 Page 2071 of 3380 SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclo sure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael.Brownlee@ colliercountytl.gov , 3299 Tamiami Trail E, Naples FL 34112. 2.3 MONITORING SUBRECIPIENT agrees that CHS may carry out no less than one (I) annual on-site monitoring visit and evaluation activities , as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-s ite visit. The continuation of this Agreement is dependent upon satisfactory evaluations . Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or DOJ/BJA to enable CHS to evaluate said progress and allow for completion ofrequired reports. The SUBRECIPIENT shall allow CHS or DOJ/BJA to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or DOJ/BJA. COUNTY will monitor SUBRECIPIENT's performance in an attempt to mitigate fraud , waste , abu se , or non-performance, based on goals and performance standards as stated , with all other applicable laws , regulations , and policies governing the funds provided under this Agreement further defined by 2 CFR 200.33 2 . Substandard performance, as determined by CHS , will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS , Agreement suspension or termination procedures will be initiated . SUBRECIPIENT agrees to provide DOJ/BJA, the DOJ Office of Inspector General , the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain , and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud , waste , and abuse in the performance of this Agreement, and to provide for proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other s ignificant events are to be clearly documented readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all its records , employees, and agents for monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY 's efforts to detect, investigate, and prevent fraud , waste , and abuse. [24-SO C-0 I 148/ 18 45572/ 1] David Lawrence Mental Hea lth Cent er Adult Dru g Court Enhan ce ment DOJ/BJ A-2 3-0 I 20 23-G G-04295-D GCT Pa ge 10 o f 47 Page 2072 of 3380 SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of thi s Agreement or any law or regulation to COUNTY, or any appropriate law enforcement authority , if the report is made in good faith . 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 20 I 3-228 , CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows : 1. Initial noncompliance may result in CHS issuing Findings or Concerns to SUBRECIPIENT, which will require a corrective action plan to be submitted to CHS within I 5 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed , to correct the noncompliance issue. 2. Tf SUBREC TPJENT fail s to submit th e correctiv e action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY . • CHS may require upwards of 5 percent (5%) of the award amount to be returned to the COUNTY, at the di s cretion of the Board. • SUBRECIPIENT may be considered in violation of Resolution No. 2013-228 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously conected and has been informed by CHS of their substantial noncompliance by certified mail; CHS may require a po1tion of the awarded grant amount or the amount of the DOJ/BJA investment for acquisition of the properties conveyed, be returned to CHS. • The COUNTY may require upwards of 10 percent (10%) of the award amount be returned to CHS, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228 [24-SOC-0I 148 /18455 72 /1] David Lawrence Menta l Health Center Adult Dru g C ourt Enhan cem ent DOJ/BJ A-23 -0 I 2023-GG-04 295 -DGCT Page 11 o f47 Page 2073 of 3380 4. If after repeated notification , the SUBRECIPIENT continues to be substantially noncom pliant, CHS may recommend termination of the Agreement or award . • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECJPIENT will be required to repay all funds disbursed by CHS for the project that was terminated. Thi s includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • SUBRECIPIENT will be considered in violation of Reso lution No . 2013-228 If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board 's discretion. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports and on resolution of monitoring findings required by this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 20th day of January, April, July , and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expe nditure s in c ludin g but not limited to , performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes ; the need for additional information or documentation arises; and/or legislative amendments are enacted. Repo1is and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. (24-SOC-0I 148 /18455 72/1) David Lawrence Mental Health Center Adult Drug Co urt En hancement DOJ/BJA-23-0 I 2023-GG-04295-DGCT Remainder of Page Intentionally Left Blank Page 12 of47 Page 2074 of 3380 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS SUBRECIPIENT may subco ntract with Florida Gulf Coast University (FGCU). No other partie s may be assigned or subcontracted without th e written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with all DOJ, BJA , Drug Court Program requirements, and Drug Court Program Application provisions . The SUBRECIPIENT also agrees to comply with all other applicable laws , regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in thi s Agreement is intended to, or s hall be construed in any manner, as creating or establishing the relationship of e mployer/e mployee between the parties. The SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA , retirement, life and /or medical insurance, and Workers' Compensation Insurance, as SUBRECIPIENT is independ ent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may , in its discretion , amend thi s Agreement to conform with Federal, State, or Local governn1ental guidelines, policies, available funding amounts, or other reasons. If such amendments re s ult in a change in the funding , scope of se rvices , or schedule of activities to be unde1iaken as part of thi s Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds ongrnate from DOJ /BJA grant funds and must be implemented in full compliance with all DOJ/BJA rules and regulations and any agreement between COUNTY and DOJ/BJA governing Drug Court Program funds pertaining to this Agreement. In the event of curtailment or non-production of said Federal funds , or the reduction of funds awarded by DOJ/BJA to th e COUNTY, to a leve l determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the [24 -SOC-0 1148 /18 45572/1] David Law ren ce Mental Health Center Adult Drug Co urt En ha ncement DOJ/BJA-23-0 I 2023-GG-04295-DGCT Page 13 of47 Page 2075 of 3380 COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee , in his-her so le discretion and judgment, that the funds are no longer avai lab le. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Adm ini stration , personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by F lorida law, SUBRECIPIENT shall indemnify and hold harmless Collier County , its officers , agents , and employees from any and all claims, li abil iti es , damages , losses, costs, and causes of action , which may arise out of an act or omiss ion , including but not limited to, reasonable attorneys' and paralegals' fees , to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers , servants , employees , contractors, patrons , guests, clients, lic ensees, invitees, or any persons acting under the direction, control , or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification ob li gation shall not be construed to negate, abridge, or reduce any other rights or remedies that otherwise may be avai labl e to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all c laim s and losses of any nature whatsoever in connection therewith , defend all suits in the name of the COUNTY, and pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Co lli er County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28 , Florida Statutes. This Section shall survive the expiration or termination of this Agreement. 3. 7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices , informational pamphlets, press releases , advertisements, descriptions of the Program sponsorships, research reports, and similar public notices, whether printed or digitally prepared, released by SUBRECTPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. BUREAU OF JUSTICE ASSISTANCE (BJA) GRANT NUMBER lSPBJA-23-GG-04295-DGCT AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team and Equal Housing Oppo1tunity. Construction signs shall comply with applicable COUNTY codes . If this Agreement results in any copyrightable material or inventions, CHS and /or the COUNTY reserve the right to royalty-free , non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and authorize others to use the work or materials for governmental purposes. [24-SOC-0 1148/1845572/1] David Lawrence Menta l Hea lth Center Adu lt Dru g Court Enhan cement DOJ/BJA-23-0 I 2023-GG-04295-DGCT Page 14 of 47 Page 2076 of 3380 3.8 DEFAULTS, REMEDIES, AND TERMINATION This Agreement may also be terminated for convenience by either the COUNTY or the SUBRECJPIENT, in whole or in part, by setting forth th e reaso ns for such termination , the effective date , and in the case of partial terminations , the portion to be terminated. However, in the case of a partial termination , if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made , the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities . The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. SUBRECIPIENT's failure to comply with any of the rules , regulations, or provisions referred to herein , or such statutes , regulations, executive orders, and/or DOJ/BJA guidelines, policies , or directives as may become applicable at any time ; B. SUBRECIPIENT's failure, for any reason, to fulfill it s obligations under this Agreement in a timely and proper mann er; C. SUBRECIPIENT's ineffective or improper u se of fund s provided under this Agreement; D. SUBRECIPIENT's submission of reports , to the COUNTY , that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification; F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement; G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the Project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require s pecific performance of the Agreement, in whole or in part; B. Require the use of, or change in , profess ional property management ; C. Require SUBRECIPIENT to immediately repay to the COUNTY all grant funds that SUBRECIPIENT has received under this Agreement; D. Apply sanctions , if determined by the COUNTY to be applicable; E. Stop all payments , until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If COUNTY terminates the Agreement, as provided herein , SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. [24-SOC-0 I I 48/1845572/1) David Lawrence Mental He a lth Ce nt er Adult Drug Court En hancement DOJ/BJA-23-0 I 2023 -GG -0 4295-DGCT Page 15 of 4 7 Page 2077 of 3380 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement, and in addition to all other remedies available to the COUNTY (whether under this agreement or at law or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of DOJ/BJA funds. The COUNTY 's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the fund s or propetty , as the COUNTY may deem necessary . 3.10 INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required , as outlined in Exhibit A and 2 CFR 200.310 , has been obtained. Said insurance shall be carried continuously, during SUBRECIPIENT's performance under the Agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and Scope of Work, the Uniform Administrative Requirements , Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and Federal regulations for the Department of Justice, Bureau of Ju stice Assistance , and Collier County Adult Drug Court Enhancement Grant prov1s1ons. 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.317 through 200.327) and Collier County's purchasing thresholds. Range: Competition Required $0 -$50,000 3 Written Quotes $50 ,001 + Formal Solicitation (ITB, RFP, etc.) SUBRECIPIENT must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices , as may be amended , if applicable to SUBRECIPIENTS'S infrastructure project. Pursuant to HUD's Notice "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88FR 17001), any funds obligated by HUD on or after the applicable listed effective dates , are subject to BABA requirements, unless excepted by a waiver. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered material s practicable , consistent with maintaining a satisfactory level of completion, per 2 CFR 200 , Appendix II (J) and 2 CFR 200.323. All improvements specified in Part I , Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and [24-SOC-0 1148/1845 572/ I] David Lawrence Mental Health Ce nter Adult Drug Co urt En han ce ment DOJ/BJA-23-0 I 2023-GG-04 295 -DGCT Page 16 of47 Page 2078 of 3380 Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be managed by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM GENERA TED INCOME Program Income is anticipated. Program Income derived from the use of DOJ/BJA funds disbursed under this Agreement shall be retained by SUBRECIPIENT for use in the Drug Court Enhancement Program. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by DOJ/BJA funds , shall be repo1ied to the COUNTY, and utilized by SUBRECIPIENT, in compliance with 2 CFR 200.307 , in the operation of the Program . If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECJPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed . The SUBRECIPIENT may close out the project with the COUNTY 90 days after the expiration of the Agreement. Activities during this clo seout period shall include but are not limited to , making final payments , disposing of program assets (including the return ofall unused materials, equipment, program income balances , and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Pa1i 2.2, SUBRECIPIENT shall comply with Section I I 9.021 , Florida Statutes regarding records maintenance , preservation , and retention . A conflict between State and Federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBREC IPIENT s hall also produce records and information that comply with Section 215.97 , Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344 . 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUB RECIPIENT agrees that no person shall be excluded from the benefits of or be subjected to discrimination under any activity carried out by the performance of this Agreement based on race, color, disability , national origin , religion , age, familial status , or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feas ible , lower-income residents of the project area shall be given opportunities for training and employment. In addition , eligible business concerns located or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project, to the greatest extent feasible. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesse s minority business and women 's business enterprises the maximum practicable opportunity to participate in the [24-SO C-0 I 148 /1 845 572/1] David Lawrence Me ntal Health Center Adult Dru g Court Enh a ncem ent DOJ/BJA-23 -0 I 202 3-GG-04295-DGC T Page 17 of47 Page 2079 of 3380 performance of this Agreement. As used in this Agreement, the term "small bu s iness" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business at least 51 percent (51 %) owned and controlled by minority group members or women. For the purpose of this definition , "minority group members " are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to cany out an Affirmative Action Program, pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the di s bursement of funds. 3.18 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement. In addition, it will not employ or subcontract any person having any conflict of interest. SUBRECIPIENT covenants that it will comply with all Federal "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. SUBRECIPIENT will notify the COUNTY , in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person , or an entity owned or controlled , in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any po ss ible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed in writing to CHS, provided however, that this paragraph shall be interpreted in such a manner so as not to umeasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low-and moderate- income residents of the project target area. 3.19 INCIDENT REPORTING If SUBRECIPIENT provides se1vices to clients under this Agreement, SUBRECIPENT and any subcontractors shall repo1t knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child , aged person, or disabled person to the COUNTY. During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing, within one business day of occurrence, any substantial , controversial, or newsworthy incidents. The Collier County Standard Subrecipient Incident Report Form shall be used to report all such incidents. [24-SOC-0 I l48/l84 5572/I] David Lawrence Mental Health Center Adult Drug Cou rt En hancem ent DOJ/BJA-23-0 I 2023 -GG-04295 -DGCT Pa ge 18 of47 (5 Page 2080 of 3380 3.20 SEVERABILITY Should any provision of the Agree ment be determined to be unenforceable or invalid , such a determination shall not affect th e validity or enforceability of any other section or part thereof. 3.21 BUSINESS ASSOCIATE AGREEMENT (BAA) A "Business Associate " is a person , or entity , other than a member of the workforce of a covered entity , who performs functions or activities on behalf of, or provides certain service s to , a covered entity that involves access to protected health information. A "Business Associate " is also a subcontractor that creates , receives , maintains, or transmits protected health information on behalf of another Business Associate. HIP AA rules require that the COUNTY and SUBRECIPIENT must enter into an agreement to ensure that protected health information is appropriately safeguarded. The SUBRECIPI ENT must also enter into Business Associate Agreements (BAA) with its subcontractors . The BAA serves to clarify and limit , as appropriate , the permissible uses and disclosures of the protected health information. The COUNTY and SUBRECIPIENT may use or disclose protected health information only as permitted or required by the BAA or as required by law. The COUNTY and SUBRECIPIENT are directly liable under HIPAA rules and subject to civil , and in some cases , criminal penalties for making uses and disclosures of protected health information that are not authorized by the BAA or required by law, or for failing to safeguard electronic protected health information in accordance with the HIP AA Security Rule. [24-SOC-0 I 148 / 1845 572/1] David Lawrence Ment al Health Center Adult Dru g Court Enh ance ment DOJ/BJ A-23 -0 I 2023 -GG-04 295-DGCT Remainder of Page Intentionally Left Blank Pa ge 19 of47 Page 2081 of 3380 PARTIV SPECIAL CONDITIONS 4.1 Requirements of the award; remedies for noncompliance or materially false statements. The conditions of this Agreement are material requiTements of the award. Compliance with any assurances or certifications submitted by or on behalf of the SUB RECIPIENT that relate to conduct during the period of performance is also a material requirement of this award. Failure to comply with one or more of these award requirements , whether set out in full or by reference below, may result in the Office of Justice Programs (OJP) or the COUNTY taking appropriate action with respect to the SUBRECIPIENT and the award. Among other things, the OJP or COUNTY may disallow costs or suspend or terminate the award. Any materially false , fictitious , or fraudulent statement to the Federal government related to this award , or concealment or omission of a material fact , may be subject to criminal prosecution (18 U.S.C. 1001 and /or 1621 , and /or 42 U.S.C. 3795a) and may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (31 U.S.C. 3 729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms , that provision shall first be applied with a limited construction to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable, such provision shall be deemed severable from this award. 4.2 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200 , as a do pted and s uppl e ment ed by DOJ in 2 CFR Part 2800 (together, th e "Part 200 Uniform Requirements") apply to this award from OJP. For more information and resources on Prut 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at: https://ojp.gov/funding /Prut200UnifonnReguirements.htm . Record retention and access: Records pe1tinent to the awru ·d that the SUBRECIPIENT must retain --typically for a period of three (3) years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies --and to which the SUBRECIPIENT must provide access , include performance measurement information , in addition to the financial records, supporting documents , statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. 4.3 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ /index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. [24-SO C-0 1148/1845572/ l] David Lawrence Mental Health Center Adult Dru g Court Enhan cement DOJ /BJA-23-0 I 202 3-GG-04295-DG CT Page20of47 Page 2082 of 3380 4.4 Employment eligibility verification for hiring under the award 1. The SUBRECIPIENT must: A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds , the recipient ( or any subrecipient) properly verifies the employment eligibility of the individual who is being hired , consistent with the provisions of 8 U.S.C. I 324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any s ubrecipient) who are or will be involved in activities und er this award of both (I) this award requirement for verification of employment eligibility, and (2) the associated provi s ion s in 8 U.S.C. J 324a(a)(l) and (2) that, ge nerally speaking, make it unlawful , in the United States , to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons requi1·ed by this condition to be notified of th e award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As pa1t of the reco rdkeepin g for the award (including purs uant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements , as well as records of all pertinent notification s and trainings. 2. Monitoring SUBRECIPIENT compliance with this condition will be monitored by CHS. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, nece ssary, and allocable costs (if any) of actions de s igned to ensure compliance with this condition. 4. Rules of construction E. Staff involved in the hiring process For purposes of this condition , persons "who are or will be involved in activities under this awru·d" specifically includes (without limitation) any and all SUBRECTPIENT officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with awru·d funds. F. E mployment eligibility confirmation with E-Verify For purposes of satisfyi ng the requirement of thi s condition regarding verification of employment eligibility , the SUBRECIPIENT s hall pa1ticipate in , and use , E -Verify (24-SOC-0I 148 /1845572/1] David Lawrence Mental Health Ce nt er Ad ult Drug Court Enh ancement DOJ /BJA-23-0 I 2023-GG-04295 -DG CT Pa ge 2 1 of 47 Page 2083 of 3380 (www.e-ve ri fy.gov ), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Non-confirmation" or a "Final Non-confirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. G. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. H. Nothing in this condition shall be understood to authorize or require SUBRECIPIENT, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. I. Nothing in this condition , including in paragraph 4.B., shall be understood to relieve SUBRECIPIENT, or any person or other entity , of any obligation otherwise imposed by law, including 8 U.S.C. I 324a(a)(l) and (2). Questions about E-Verify should be directed to DHS. For more information about E- Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E- Verify@ dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployer A gent@ dh s .gov . 4.5 Requirement to report actual or imminent breach of personally identifiable information (PII) The SUBRECIPIENT must have written procedures in place to respond in the event of an actual or imminent "breach" (0MB M-17-12) if it (or a subrecipient) --(1) creates, collects, uses, processes, stores, maintains , disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200. 79) within th e scop e of an OJP grant-funded program or activity , or (2) uses or operates a "Federal information system" (0MB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 4.6 Unreasonable restrictions on competition under the award; association with federal government No discrimination, in procurement transactions, against associates of the federal government. Consistent with the (DOJ) Part 200 Uniform Requirements --including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[ d] and administer[ ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.3 l 9(a) (generally requiring "[a]II procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition ," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") --no recipient ( or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.3 l 9(a) or as specifically authorized by USDOJ. [24-SO C-0 I I 48/1845572/ I) David Lawrence Mental Health Center Adult Dru g Court Enhancement DOJ/BJA-23-0 I 2023-GG-04295-DGCT Page 22 of 47 Page 2084 of 3380 4. 7 Requirement pertaining to prohibited conduct related to trafficking in persons The SUBRECIPIENT mu st comply with all applicable requirements , including requirements to report allegations pertaining to prohibited conduct related to the trafficking of persons , whether on the part of recipients, Subrecipients, or individuals defined , for purposes of this condition , as "employees" of the SUBRECIPIENT. Details of the SUBRECIPIENT's obligations associated with prohibited conduct related to trafficking in persons are posted on the OJP web site at: https://ojp.gov /funding /Explore/ProhibitedConduct-Trafficking.htm Award condition: Prohibited conduct by recipients and Subrecipients related to trafficking in persons , including repo1ting requirements and OJP authority to terminate the award, are incorporated by reference here. 4.8 Determination of suitability to interact with participating minors The SUBRECIPIENT must make determinations of suitability before certain individuals may interact with participating mmors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Ex plore/lnteract-Minors.htm (Award condition: Determination of suitability required , in advance, for certain individuals who may interact with participating minors) and are incorporated by reference here. 4.9 Compliance with applicable rules regarding approval, planning, and reporting of conferences and meetings, trainings, and other events The SUBRECIPIENT mu st comply with all applicable laws , regulations , policies, and official DOJ guidance, including specific cost limits , prior approval, and reporting requirements where applicable , governing the use of federal funds for expenses related to hosting, facilitating , or attending conferences , as that term is defined by DOJ, including the provision of food and /or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appear in the DOJ Grants Financial Guide, currently, at section 3.10 of "Post-award Requirements" in the" DOJ Grants Financial Guide ". 4.10 Performance and Effectiveness Data Requirement The SUBRECIPIENT must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to CHS in the manner, including within the timeframes, specified by CHS and OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 20 I 0 , and other applicable laws. [2 4-SOC-0I 148 /1845572/1) David Lawrence Mental Hea lth Ce nter Adult Drug Court Enh a nce ment DOJ /BJA-23-0 I 2023 -GG-04295 -DGCT Pa ge 23 of 47 Page 2085 of 3380 4.11 OJP Training Guiding Principles Any training or training materials that the SUBRECJPIENT develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding /Implement/TrainingPrinciplesForGrantees-Subgrantees.htm . 4.12 Effect of failure to address audit issues The SUBRECIPIENT understands and agrees that the DOJ awarding agency or COUNTY may withhold award funds , or may impose other related requirements , if the SUBRECIPIENT does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements, as determined by the DOJ awarding agency or CHS; by the terms of this award; or other outstanding issues that arise in connection with audits, investigations , or reviews of Federal awards . 4.13 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 CFR Part 42 The SUBRECIPIENT must comply with all applicable requirements of 28 CFR Pa11 42, specifically including any applicable requirements in Subpart E of 28 CFR Part 42 that relate to an equal employment opportunity program. 4.14 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 CFR Part 54 The SUBRECJPIENT must comply with all applicable requirements of 28 CFR Pat1 54 , which relates to nondiscrimination based on sex in certain "education programs." 4.15 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination -28 CFR Part 38 The SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things , 28 CFR Part 38 includes rules that prohibit specific forms of discrimination based on religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and Subrecipient organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pe11ain to Subrecipients that ai ·e faith-based or religious organizations. The text of the regulation , entitled "Pat1nerships with Faith-Based ai1d Other Neighborhood Organizations," is available on the internet by browsing to Title 28-Judicial Administration , Chapter 1, Pa1138 , under e-CFR "current" data. [24-SO C-0 I 148/ 1845 572/ I] David Lawrence Mental Health Ce nter Adult Drug Court Enh ance ment DOJ /B JA -2 3-0 I 2023-GG-04295-DG CT Page 24 of 47 Page 2086 of 3380 4.16 Restrictions on lobbying In general , as a matter of federal law, federal funds awarded by OJP may not be used by the SUBRECIPJENT, either directly or indirectly, to support or oppose the enactment, repeal, modification , or adoption of any law , regulation , or policy, at any level of government. See 18 U.S.C. 1913 . There may be exceptions, if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law. Another federal law ge nerally prohibits federal funds awarded by OJP from being used by the SUBRECIPIENT to pay any person to influence , or attempt to influence, a federal agency , a Member of Congress, or Congress , or an official or employee of any of them , with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. I 352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a use of federal funds by a Subrecipient would, or might fall within the scope of these prohibitions, CHS will contact OJP for guidance. The SUBRECIPIENT may not proceed without the express prior written approval of CHS and OJP. 4.17 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2020) The SUBRECIPIENT must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pe1iinent restrictions , including from various "general provisions" in the Consolidated Appropriations Act, 2017 , are set out at: https://o jp.gov/fu nding/Explore/FY 17 AppropriationsRestrictions.htm , and are incorporated here by reference. Should any question arise as to whether a use of federal funds by a Subrecipient would, or might fall within the scope of these prohibitions, CHS will contact OJP for guidance. The SUBRECIPIENT may not proceed without the express prior written approval from CHS and OJP. 4.18 Reporting potential fraud, waste, and abuse, and similar misconduct The SUB RECIPIENT must promptly refer to CHS and the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, SUBRECIPIENT, contractor, subcontractor, or other person has , in connection with funds under this award: (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud , conflict of interest, bribery , gratuity , or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by: (I) mail directed to Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue N.W ., Room 4706, Washington , DC 20530; (2) e-mail to: oig.hotline@ usdoj.gov; and /or (3) the DOJ OIG hotline: Contact information in English and Spanish at (800) 869-4499 (phone) or (202) 616-9881 (fax). https://www.ojp.gov /sites /g/fil es /xycku h24 I /files /media/document/ojp tfsc guide sheet preventing fraud waste abuse and mi smanagement 112421 508 .pdf [24-SOC-0 I 148/1845572/1] David Lawrence Mental Health Center Adult Drug Court Enh a ncement DOJ/BJA-23-0 I 202 3-GG-04295-DG CT Pa ge 25 of 47 Page 2087 of 3380 4.19 Restrictions and ce,·tifications regarding non-disclosure agreements and related matters Neither SUBRECIPIENT nor entity that receives a procurement contract or subcontract with any funds under this award may require any employee or contractor to s ign an internal confidentiality agreement or statem ent that prohibits or otherwise restricts, the reporting , in accordance with law , of waste, fraud, or abuse to an inve stigative or law enforcement representative of a federal department or agency. 4.20 Compliance with 41 U.S.C. 4712, including prohibitions on reprisal; notice to employees The SUBRECIPIENT must comply with, and is s ubject to, all applicable provisions of 41 U.S.C. 4 712, including all applicable provisions that prohibit, under specified circumstances, discrimination again st an employee as reprisal for the employee's di sc losure of information related to gross mis management of a federal grant, a gross waste of federal funds , an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law , rule , or regulation related to a federal grant. The SUBRECIPIENT also must inform its employees, in writing, and in the predominant native language of the workforce, of employee rights and remedie s under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the COUNTY will contact OJP for guidance. 4.21 Encouragement of policies to ban text messaging while driving Pursuant to Exec utiv e Order 13513 , "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October I , 2009), DOJ encourages SUBRECIPIENTs to adopt and enforce policies banning employees from text messaging while driving any vehicle, during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by di stracted drivers. 4.22 Approval of curricula, training materials, proposed publications, reports, or any other written materials The SUBRECIPIENT agrees to submit to Bureau of Justice Assistance (BJA) for review and approval any cutTicula, training material s, proposed publications , repo1is , or any other written material s that will be published , including web-based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written, visual, or audio publications, except for press releases , whether published at the grantee's or government's expense, shall contain the following statements: "This project was supported by Grant No. 15PBJA-23-GG-04295-DGCT awarded by the Bureau of Justice Assistance. The Bureau of Ju stice Assistance is a component of the Department of Justice's Office of Justice Programs , which also includes the Bureau of Ju stice Statistics, the National Institute of Justice , the Office of Juvenile Ju stice and Delinquency Prevention, the Office for Victim s of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official po s ition or policie s of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provide s guidance on allowable printing and publication activities. [24-SOC-0 I l 48 / 184 5572/1] David Lawre nce Mental Hea lth Ce nt er Adult Drug Co urt En hancement DOJ/BJA-23-0 I 2023 -GG-04295 -D GCT Page 26 of 47 Page 2088 of 3380 4.23 Compliance with CHS and OJP grant monitoring guidelines, protocols, and procedures The SUBRECIPIENT ag re es to comply with CHS and OJP grant monitoring guidelines, protocols, and procedures , and to cooperate with CHS and OJP on all grant monitoring requests , including requests related to de s k reviews , enhanced programmatic desk reviews , and /or site visits. The SUBRECIPIENT agrees to provide to CHS and OJP all documentation necessary to complete monitoring tasks , including documentation related to any subawards made under this award . Further, the SUBRECIPIENT agrees to abide by reasonable deadlines set by CHS and OJP for providing the requested documents. Failure to cooperate with CHS and OJP's grant monitoring activities may result in sanctions affecting the SUBRECIPIENT's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the SUBRECIPIENT's access to grant funds ; referral to the Office of the Inspector General for audit review; designation of the SUBRECIPIENT as a CHS and DOJ High Risk grantee; or termination of an award(s). 4.24 Cooperation with any assessments, national evaluation efforts, and/or data collection The SUBRECIPIENT agrees to cooperate with any asse ssments , national evaluation efforts , or information or data collection requests , including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 4.25 Justification of Consultant Rate Approval of thi s award does not indicate approval of any consultant rate more than $650 per day. A detailed justification must be submitted to CHS and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. 4.26 Prohibition on the use of grant funds for inherently religious activities Th e SUBRECIPIENT agrees that a ss ista nce fund s award ed und e r thi s grant will not be use d to support any inherently religious activities , such as worship , religious instruction, or proselytization . If the SUBRECIPIENT refers participants to , or provides , a non-Federally funded program or service that incorporates such religious activities, (I) any such activities must be voluntary for program participants , and (2) program participants may not be excluded from participation in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services . ff paiticipation in a non-Federally funded program or service that incorporates inherently religious activities is deemed a critical treatment or support service for program paiticipants , the grantee agrees to identify and refer participants who object to the inherently religious activities of such program or service to , or provide , a comparable secular alternative program or service. 4.27 Drug Court Key Components All BJA-funded adult drug comts must be operated based on the 10 key components for drug courts, which are found in BJA 's and National Association of Drug Coutt Professional's (NADCP) publication: Defining Drug Comts: The Key Components at http s://www.ncjrs .gov/pdffiles l /bj a/205621.pdf. During the grant period of performance, if BJ A concludes that a funded drug court is not conforming to the IO key components , it retains the right to place the award recipient on a corrective action plan to bring the drug comt into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement [24-SO C-0 1148/ 18455 72/ I] David Lawrence Menta l Health Center Adult Dru g Court Enh a ncement DOJ/BJ A-23-0 I 202 3-GG -04295-DG CT Pa ge 27 of 47 Page 2089 of 3380 4.28 Prohibition on the use of grant funds to provide services to "violent offenders" The recipient understands and agrees that no award or matching funds may be used to provide services for violent offenders as defined in 42 U.S.C . 3797u-2, a "violent offender" means a person who: (l) is charged with or convicted of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which offense or conduct (A) the person carried, possessed , or used a firearm or dangerous weapon ; (B) there occurred the death of or serious bodily injury to any person ; or (C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offen se or conduct of which or for which the person is charged or convicted ; or (2) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. 4.29 Treatment Services to Address Opioid Abuse Reduction The SUBRECIPIENT understands and agrees that, to the extent that substance abuse treatment and related services are funded by thi s award, they will include required treatment and services to address opioid abuse reduction. 4.30 Employee Compensation Cap With respect to this award , federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110 percent (I 10%) of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. SUBRECIPIENT may compensate an employee at a higher rate , provided the amount more than this compensation limitation is paid with non-federal funds. This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 4.31 Drug Court Policies and Procedures Manual The SUBRECIPIENT agrees to develop and maintain a Drug Court Policies and Procedures manual for program operation. The Policies and Procedures manual must be submitted to CHS by the end of the first year of the grant period to comply with this requirement. 4.32 Prohibition of Transfers of Specified Equipment by Law Enforcement Agencies Consistent with Executive Order 14074, "Advancing Effective , Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier , to put in place specified controls prior to using federal funds under this award to acquire or transfer any prope1ty identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov /funding/explore/prohibited- and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal [24-SO C-0 1148/ 1845572/1 J David Lawrence Menta l Hea lth Center Adult Drug Court Enh a ncem ent DOJ /BJA-23-0 I 202 3-GG-04295-DGCT Pa ge 28 of47 Page 2090 of 3380 funds--prohibited and controlled equipment under OJP awards) and are incorporated by reference here . ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals , whether electronic, oral , or written between COUNTY and SUBRECIPIENT with respect to this Agreement. [24-SO C-0I 148 /1845572/1) David Lawrence Mental Health Cent er Adult Drug Court Enhan cement DOJ/BJA-23-0 I 2023-GG-04295-DGCT Signature Page to Follow Page 29 of 47 Page 2091 of 3380 IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively , by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL , CLERK Witness #2 Signature Witness #2 Printed Name as to form and legality: Dee D. Perry Assistant County Attorney Date: fJ1 /J-y(_ Z8 [24-SOC-01148/1845572/1] David Lawrence Mental Health Cent er Adult Drug Court Enhancement DOJ /BJA-23-0 I 2023-GG-0 4295-DGCT AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By~ CHL,CHAlRPEROON Date: (Jl/f/l<. '2_(,_ I Z-o '1.... '1 AS TO SUBRECIPIENT: DAVID LA WREN CEMENT AL HEAL TH CENTER, INC. Date: __ 3/___,~ P-~-~ __ _ [Please provide evidence of signing authority] Page 30 of 47 Page 2092 of 3380 EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County , c/o Community and Human Services Division, 3339 E . Tamiami Trail , Suite 211 , Naples , Florida 34112 , Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440 , Florida Statutes . 2. Commercial General Liability , including products and completed operations insurance, in the amount of $1 ,000,000 per occurrence and $2 ,000 ,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3 . Automobile Liability Insurance covering all owned , non-owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000 ,000 combined single limit for combined Bodily Injury and Property Damage . DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in l -3 above , a Certificate oflnsurance must be provided as follows: 4. Professional Liability Insurance , in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000 ,000 per occurrence /$1 ,000 ,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPI ENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHAS E (IF APPLICABL E) In addition to the insurance required in 1 -4 above , the SUBRECIPIENT shall provide , or cause its Subcontractors to provide , original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder 's Risk Insurance on an "All Risk" basis , in an amount not less than 100 percent (100%) of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 ( 4 2 U.S.C . 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards , flood insurance under the National Flood Insurance Program is obtained and maintained , as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). [24-S OC -0 I 148 /18455 72/1) David Lawrence Mental Hea lth Cent er Adult Dru g Court Enhan ce ment DOJ/B JA -2 3-0 I 2023-GG -04 295 -DG CT Pa ge 3 1 of47 Page 2093 of 3380 OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers ' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000 ,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement in an amount not less than $1 ,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred ( 100%) of the replacement cost of the property. Collier County must be shown as a Loss payee , with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. [24-SOC-0 I 148 / 1845572/ l] David Lawrence Mental Health Center Adult Drug Court Enhancement DOJ/BJA-23-0 I 2023-GG-04295-DGCT Page 32 of47 Page 2094 of 3380 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: DA YID LA WREN CEMENT AL HEALTH CENTER, INC . SUBRECIPIENT Address: 6075 Bathey Lane, Naples, FL Project Name: Drug Court Project No: _ Payment Request# Total Payment Minus Retainage Period of Availability: _ through Period for which the Agency has incurred the indebtedne ss through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net ofRetainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request) (includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best ofmy knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15 ,000 and above) [24-SOC-0 I 148 / 18 45572/ I] David Lawrence Mental Health Center Adult Drug Co urt Enh ance ment DOJ/BJA-23-0 I 2023-GG-04295-DGCT Date Authorizing Grant Accountant Divi s ion Director (Approval Required $15,000 and above) Page 33 of 47 Page 2095 of 3380 SECTION I: MATCH SUBMISSION Subrecipient Nam e : Subrecipient Address : Project Name: EXHIBIT B-1 Match Form Subrecipient Match Submittal Project No: Match Submission#: Match Amount Submitted Today: $0.00 SECTION I: STATUS OF FUNDS 1. Total Match Amount Require d pe r Agreement $0.00 2. Total Amount of Previou s Matc h Submitted (Insert $0.00 Amount) 3. Total Match Amount Awarded Per Agreement Less $0.00 Total Amount of Previous Match Submitted 4. Amount of Today's Match Submission (In se rt $0.00 Amount) 5. Match Balance (Match p e r Agreement less th e Sum of $0.00 All Match Submitted) I ce rtify that this match subm ittal has been made in accordance with the terms and condWon s of the Agreement between the COUNTY and us as SUBRECJPJENTIDEVELOPER. To the best of my knowledge and beli ef, all want requ ir emen ts have been followed. Si g nature Title Authorizing Grant Coordinator Supervisor [24-SOC-0 11 48/1845572/ 1] David Lawre nce Mental Hea lth Ce nt er Ad ult Drug Co urt Enh ancement DOJ/BJA-23-0 I 2023-GG-04295 -DGCT Date Authorizing Grant Accountant Division Director Pa ge 34 of 47 Page 2096 of 3380 Reoortin2 Period: Subrecipient Name: EXHIBIT C Bureau of Justice Assistance Adult Drug Court Discretionary Grant Program Quarterly Program Status Report Preparer's Name and Title: Date Prepared: PROGRAM CHARACTERISTICS 1. What is the date that the drug court first enrolled a participant after this BJA program funding was awarded? I MM/DD/YYYY: 2. What is the date that the drug court first enrolled a participant? I MM/DD/YYYY: I 3. Does your drug court program clearly communicate a system of graduated sanctions and incentives that are implemented fairly and with certainty in response to their behavior? 4. Does your drug court program administer random and observed alcohol and substance abuse testing? 5. Does your drug comt program use evidence-based treatment services? l~:s I I NUMBER OF SERVICES ADDED 6. Were your BJA program funds used to add inpatient treatment slots during the repo1tingperiod? I ~:s, number of inpatient slots: I I 7. Were your BJA program funds used to add outpatient treatment slots during the reporting period? I ~:s, number of outpatient slots: (24-SOC-0 1148 / 1845572/ I] David Lawrence Mental Health Ce nter Adult Drug Co urt Enhanc eme nt DOJ/BJA-23-0 I 2023-GG-04295-DGCT Pa ge 35 of47 Page 2097 of 3380 8. Were your BJA program funds used to add staff who provide new case management or offender supervision services during the reporting period? Yes, number of new staff providing case management or offender supervision services: No 9. Were yo ur BJA program funds used to provide substance abuse tr·eatment services during the reporting period? (For example, thes e s ervices might include clinical assessment, residential, outpatient group, outpatient individual, intensive outpatient, outpatient detoxification , addiction receiving facility , substance abus e detoxification (residential), in- home counseling, and aftercare) Yes, number of NEW drug court participants who received substance abuse treatment services No 10. Were your BJA program funds used to provide inpatient substance abuse treatmentservices during this reporting period? Yes, total number of days delivered for inpatient services: No 11. Were your BJA program funds used to provide recovery support services during the report in g period? (For example, these services might include employment, housing, education, mental health, health services such as medical and d ental services , pro-social services such as anger and sL re ss manage ment, faith-b ase d s ervices, family cou nse lin g, life skills training, m entoring , and oth er services Yes No If yes , please enter the total number of participants who rece ived eac h of the following recovery support service for the first time during the repo1ting period. (Please report only during the first quarter in which the participant re ceives services and not in subsequent reoortinz oeriods if services are received (or more than one reoortinf! oeriod) Employment Services Housing Services Education Services Mental Health Services Health Services Pro-Social Services Trauma Treatment Veteran Services Other Services (please explain) [24-SO C-0 I 148/1845572/l] David Lawrence Menta l Health Center Adu lt Drug Court Enhancem ent DOJ/BJA-23-0 I 202 3-GG-04295-DGC T Pa ge 36 of47 Page 2098 of 3380 12. What other services are these BJA.fundssupporting? Offender Suoervision/Case Manal!ement EQuioment Traininl! Evaluations MIS Aftercare Sunnort Enhancinl! Risk/Assessment Screeninl! Performance Measure Standards Other (please explain) MEDICATION ASSISTED TREATMENT 13. If your treatment program includes medication assisted treatment (MAT), which of the following medications are you utilizing regardless of BJA funding? We do not provide MAT We do not have access to MAT Naltrexone, Vivitrol, Depot, Naltrexone Buprenorphine or Buprenorphine/Naloxone (Bup/NX) (Suboxone) Methadone 14. Of the total participants enrolled in your program , how many were deemed eligible for medication-assisted treatment (MAT), and of those eligible , how many received MAT durin g the reporting period? Number of individuals eligible for MAT Individuals receiving at least one MAT Treatment SCREENING AND PROGRAM INT AKE 15. Number of drug court candidates who were screened durin this reporting period? 16. Of those screened , what is the number of individuals who did not enroll in the Drug Court Program during this reporting period? 17. Of those screened, and did not enroll in the program , enter the number of such individuals based on the following categories Particioant Refused Entrv Prosecutor Obiection Judicial Obiection Out of Jurisdiction [24-S OC-0 1148/18455 72/I] David Lawrence Mental Health Center Adult Dru g Co urt En hancem ent DOJ/BJA-23-0 I 2023-GG-04295-DGCT Page 37 of47 Page 2099 of 3380 Arrest, Conviction, or Incarceration on Another Charge No Drug Problem Exclusionary Prior Non-Violent Offense Violent Historv Mental Health Diagnosis that Cannot be handled by the Court Insufficient Risk (low risk) Ineligible for VA services Accident involving injury Candidate did not complete screening Candidate waiting for program slot Other, please explain 18. Of those screened , that did not enroll in the Drug Court Program , please enter the number of such individuals based on the following demographic information. Enter the ethnicity and gender of each individual determined to be ineligible for the Drug Court participation during this reporting period. Ethnicity Males Females Gender Unknown Hispanic or Latino/a Non-Hispanic or Latino/a Unknown TOTAL (should be equal to the number of individuals who were screened and did not enroll during this reporting period) 19. Of those screened , that did not enroll in the Drug Court Program, please enter the number of such individuals based on the following demographic information. Enter the race and gender of each individual determined to be ineligible for the Drug Court participation during this reporting period . Race White Black or African American Asian American Indian or Alaska Native Pacific Islander or Native Hawaiian Multiracial Unknown Other [24-SO C-01148/1845572/l] David Lawrence Mental Hea lth Center Adult Drug Court Enhancement DOJ/BJA-23-0 I 2023-GG-04295-DGCT Males Females Gender Unknown Pa ge 38 of 47 Page 2100 of 3380 TOT AL (should be equal to the number of individuals who were screened and did not enroll during this reporting period) RISK ASSESSMENT 20. Pl ea se e nter th e numb e r of newly admitted dru g co urt parti c ip a nt s who w e re a dmini stered a risk and need asses s ment during th e reportin g pe ri o d. 21. Pl ea se na m e th e ri s k assess m e nt th at is used to a ssess ri s k and n ee d: 22. Of those newly admitted patiicipa nts w ho were a dmini ste red a r is k and nee d s a ss es sment durin g th e re porting pe ri o d , pl ease e nte r the numbe r of s uch indi v idual s wh o w ere id e nti fie d as having high criminogenic ri s ks a nd high abuse treatm e nt need s . NUMBER OF DRUG COURT PARTICIPANTS RECEIVING SERVICES 23. Has the Drug C ourt pro g ram admitte d an y new participants durin g the repo rtin g period? Yes, enter how many new participants: If no, please explain: Total number of participants at the end of reporting period (n e w admission s and tho.r,e pre viou sly reported) 24. Please enter the ethnicity and gender o f each p arti c ip a nt newly admitted to th e drug comi pro g ram durin g thi s re po rtin g pe ri o d. Fo r th e fir s t rep o rtin g pe riod , include all f • t II d • th d t par 1C1p an s e nro e Ill e ru g cour pro i; ram . Ethnicity Males Females Gender Unknown Hispanic or Latino/a Non-Hispanic or Latino/a Unknown TOT AL (should be equal to newly admitted participants to the program during this reporting period) 25. Please enter th e race and gender of each parti c ip an t newly admitted to th e Drug C omi Program durin g thi s re po rtin g pe ri o d . For th e fir st re po rtin g pe ri o d , includ e all participants emo ll ed in th e Drug C ourt Prog ram . (24-SOC-0 J 148 /1845572/1] Dav id Lawre nce Menta l Hea lth Ce nt er Adult Dru g Cou rt Enh ance ment DOJ/B JA-23 -0 I 2023 -GG-0 4295 -DGCT Page 39 of47 Page 2101 of 3380 Race Males Females White Black or African American Asian American Indian or Alaska Native Pacific Islander or Native Hawaiian Multiracial Unknown Other TOT AL (should be equal to newly admitted participants to the program during this reporting period) PROGRAM COMPLETION AND JUDICIAL INTERACTION 26. Ple ase enter th e number of drug court participants who successfully completed all program requil·ements during this repo1t in g peri od . Gender Unknown 27. Of tho se who successfully completed all program requirements , fro m sta1t to finish, please indicate w hen these part ic ip ants graduated fro m the program within th e following tim e frames: 0-6 month s 7-12 months 13-18 months 19-24 months 25 months or more TOTAL (should be equal to the total number of successful completions) 28. Please enter the ethnicity and gender of eac h participant who successfully completed all program requirements excludin g financial o bli gations durin g th e re po1tin gperiod: Ethnicity Hisnanic or Latino/a Non-Hispanic or Latino/a Unknown TOTAL (should be equal to the total number of participants who successful completed all program requirements) [24-SOC-0 I I 48 / 18455 72/ l] Dav id Lawrence Mental Hea lth Center Adu lt Drug Court Enhan cement DOJ/B JA-23-0 I 2023-GG-04295-DGCT Males Females Gender Unknown Pa ge 40 of47 Page 2102 of 3380 29. Please enter th e race and gender of each participant who successfully completed all pro gram requirements durin g this re portin g pe riod : Race Males Females Gender Unknown White Black or African American Asian American Indian or Alaska Native Pacific Islander or Native Hawaiian Multiracial Unknown Other TOTAL (should be equal to newly admitted participants to the program during this reporting period) 30. Pl ease e nter the number of individu a ls who exited the program unsuccessfully for the categories below . (Participants shou ld not fit in more than on e category, so c hoose th e option that best represents why th ese individuals did not comp lete th e program) Number of participants no longer in the program due to court or criminal involvement (technical violation, arrest, conviction, revocation, reincarceration) Number of participants no longer in the program due to a lack of engagement (no- shows and non-responsive participants) Number of participants no longer in the program due to absconding Number of participants no longer in the program due to relocating or case transfer Number of participants no longer in the program due to death or serious illness Number of participants who did not complete the program for other reasons (please specify) TOTAL 31. Of tho se dru g court participants who exited the Drug Court Program unsuccessfully or did not complete th e program , pl ease indicate when these parti c ipants left the program based on the following time frames: I 0-3 months [24-SOC-0 114 8/1845572/ I] Dav id Law rence Mental Hea lth Center Adult Dru g Co urt Enh ancement DOJ/BJA-23-0 I 2023-GG-0 4295 -DGCT Pa ge 4 1 of47 Page 2103 of 3380 4-6 months 7-9 months 10-12 months 13-18 months 19 or more month s TOTAL 32. Pl e ase ente r th e ethnicity and gender of eac h part ic ip ant wh o exited the program un s ucce ssfully durin g th e re po rtin g peri o d: E thnicity Male s Females Geuder Unknown Hispanic or Latino/a Non-Hispanic or Latino/a Unknown TOTA L (should be equal to the total number of participants who s uc cessful completed all program requirements) 33. Pl ease ente r th e race and gender of each pa rti c ip an t w ho ex ited the program unsuccessfully during the r ep orting p erio d . Race Males Females Gender Unknown White Black or African American Asian American Indian or Alaska N ati ve Pacific Islander or Native Hawaiian Multiracial Unknown Other TOT AL (s hould be equal to newly admitted participants to th e program during this reporting p eriod) ALCOHOL AND SUBSTANCE ABUSE INVOLVEMENT 34. O f th ose e nroll ed in the dru g co urt pro gram at lea s t 90 days , pl ea se ente r th e total (unduplicated) numbe r of partic ipants tes ted fo r a lc o ho l, n on-p resc rib ed medication s, o rill egal s ub stanc es durin g th e re portin g pe riod a nd th ose th at tested positive fo r th e prese nce of alc oho l, no n-presc rib ed medi cati ons, o r ill egal s ub s ta nces during th e reportin g period. [ Number of participants tested: [24-SO C-0 I 148 / 1845572/ I] David Lawre nce Me nta l Hea lth Center Adult Dru g Co urt Enhanceme nt DOJ/BJA-23 -0 l 2023 -GG -04295-DG CT Page 42 of 47 Page 2104 of 3380 Number of participants who tested positive: AFFORDABLE CARE ACT 35. Does your pro gram track healthcare coverage for participants? (This includes screen ing participants for health care eligibility, providing enro llm ent services/support, or tracking/gathering ieformation regarding participants who already have healthcare . Health care includes benefits such as Medicaid, Medicare, or veterans benefits) I ~:s I I 36. Please complete th e following table about health care and Medicaid coverage for your program during the reporting period Measure ANY health care coverage (private, government, self, employment based, Medicare, Medicaid, military) Of those, Medicaid coverage [24-SOC-01148 /1845 572/l] David Lawrence Mental Hea lth Center Adult Drug Co urt En hance ment DOJ /BJA-23-0 I 2023-GG-04295-DGCT How many new program participants came into the program with: How many program How many program participants were participants were found to be eligible: enrolled: (eligible participants (enrolled are those that meet participants are the requirements to those who were qualify for health enrolled in health care coverage. Not all care benefits during eligible applicants the reporting period) will necessarily be enrolled in coverage) Page 43 of47 Page 2105 of 3380 37. Please comp lete the following table for health care and Medicaid coverage for participants EXITING the program during this reportin g period . (Program exit can mean successfully completing th e program requirem ents or unsucces sfully exiting the program without completing the requirements and can occur at anytim e during this reportingperiod) Measure How many program How many program participants were found to participants were enrolled be eligible at EXIT for: at EXIT (enrolled (eligible participants are participants are those who those that meet the were enrolled in health care requirements to qualify for benefits at program exit) health care coverage. Not all eligible applicants will necessarily be enrolled in coverage) ANY health care coverage (private, government, self, employment based, Medicare, Medicaid, military) Of those, Medicaid coverage NARRATIVE QUESTIONS The following questions must be answered in January and July of each calendar y ear. Please answer base d on your ex p erienc e for th e last 6-month p eriod. 1 . What were your accomplishments during thi s repo1iing period? I 2. What oals were accom fi s hed as the re late to our rant a lication? 3 . What problems/barriers did you encounter, if any , within the reporting period that prevented you from reaching your goals or milestones? 4 . Is there any assistance that BJA can provide to address any problems/barriers identified in Question #3? 5 . Are you on track to complete your program fiscally and programmatically as outlined in your grant application? If no , please explain. [24-SOC-0 I I 48 / 18455 72/ l] David Lawrence Mental Health Cent er Adult Drug Court Enhancem ent DOJ/BJA-23-0 I 2023 -GG-04 295 -DGCT Page 44 of 47 Page 2106 of 3380 6. What ma·or activities are lanned for the next six months? 7. Based on yom knowled ge of the criminal justice field , are there any innovative programs /accomplishments that you would like to share with BJA? I hereby certify the above information is true and accurate. Signature: Printed Name: Title: Your typed name here represents your electronic signature. (24-SOC-0 1148 / 18455 72/ l] David Lawrence Mental Health Ce nt er Adult Drug Co urt Enhan cement DOJ/BJA-23-0 I 2023-GG-04295-DGCT Date: Page 45 of47 Page 2107 of 3380 EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200 .332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly , Collier County requires that all appropriate documentation is provided regarding your organization's compliance . In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs , including any Federal award provided by Collier County . The determination of Federal award amounts expended shall be in accordance with the guidelines established by 2 CFR Part 200 , Subpart F -Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient I Name First Date of Fiscal Year (MM/DD/VY) Last Date of Fiscal Year (MM/DD/VY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable □ A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of 0MB 2 CFR Part 200, Subpart F because we : □ Did not exceed the expenditure threshold for the fiscal year indicated above □ □ Are a for-profit organization □ Are exempt for other reasons -explain An audited financial statement is attached and if applicable, the independent auditor's manaqement letter. C. Findings were noted , a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we □ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures , policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Print Name and Title [24-SOC-01148 /1845572/l] David Lawrence Menta l Health Cente r Adu lt Drug Court Enhancement DOJ/BJA-23-01 2023 -GG-04295-DGCT I Date I 06/18 Page 46 of 47 Page 2108 of 3380 EXHIBITE CONTRACT BETWEEN COLLIERCOUNTY AND BUREAU OF JUSTICE ASSISTANCE A WARD NUMBER: lSPBJA-23-GG-04295-DGCT [24-SOC-0 114 8/1845572/1] Dav id Lawre nce Menta l Health Center Ad ult Dru g Co urt Enh ance ment DOJ/BJA-23 -0 I 2023 -GG-04295-DGCT Page 47 of47 Page 2109 of 3380 FAIN #15PBJA-23-GG- 04295-DGCT Federal Award Date 0912712023 Federal Award Agency DOJ-Bureau of Justice Assistance (BJA) CFDA Name Adult Drug Court Enhancement Program CFDA/CSFA#16.585 Total Amount of Federal Funds Awarded $900,000.00 Subrecipient Name David Lawrence Mental Health Center, Inc. UEI #PBE3LMASJ4YI FEIN #59-2206025 Period of Performance 10/t/23 - 913012027 Fiscal Year End 6130 Monitor End t212027 FIRST AMENDMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER,INC. (dba) DAVID LAWRENCE CENTER Drug Court Program This FIRST AMENDMENT, is made and entered into on this day of 2025, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and David Lawrence Mental Health Center, Inc., (SUBRECIPIENT), a private not-for-profit corporation, having its principal office at 6075 Bathey Lane, Naples, Florida 34116. RECITALS WHEREAS, On Aprll 25,2023, (Agenda Item #16.D.9), the COTINTY approved an "After-the-Fact" submittal of an Adult Drug Court Discretionary funding application to the U.S. Department of Justice (DOJ) - Bureau of Justice Assistance (BJA) through Grant #l5PBJA-23- GG-04295-DGCT. On September 27,2023, the COLINTY was notified of the award. Subsequently, on October 24,2023, (Agenda Item #16.D.10), the COUNTY accepted the award and executed a grant agreement with the DOJ to receive $1,000,000 in Federal Funds with a match requirement of $333,333. I 5 PJA.23 -GG- 0429 5 -DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI 1 cAo Page 2110 of 3380 WHEREAS, on March 26, 2024, (Agenda Item #16.D.10), the COI-INTY and SUBRECIPIENT entered into an Agreement to administer the U.S. Department of Justice - Bureau of Justice Assistance (BJA) Drug Court Discretionary Grant Program; and WHEREAS, the Parties desire to amend the Agreement to update/add/delete language in grant and special conditions, project details, period of performance, agreement amount, records and documentation, monitoring, reports, subcontracts, grantee recognition/sponsorships, purchasing, conflict of interest, duplication of effort, miscellaneous, waiver, general provisions, Exhibit E, add Exhibits F and G and to renumber where applicable to align with updated grant template revisions. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to modif, the Agreement as follows: Words S+ru€I#hrough are deleted; Words Underlined are added. d<{.d< 1.1 GRANT AND SPECIAL CONDITIONS e , Envirerunental-Review Requirement (ERR) N/A C. Conflict of Interest - SUBRECIPIENT must have written conflict of interest policies. The Drue Court Prosra!tr distineuishes between two types of conflict of interest: one related to orqanizations that carqv out the project (-recipients or subrecipients). and another specific to individuals involved in providins services and day-to-day project operations. SUBRECIPIENT shall have written policies related to both types of conflicts of interest. With respect to the use of DOJ funds to procure services. equipment. supplies. or other properfv. the SUBRECIPIENT shall comply with 2 C.F.R. part 200. With DOJ funds the foll recfrr nfr nn c shall qnnlrr No nprenn.rrh^ i an ernnlnvcc crrcnr-\/ r-nncrrlfqnf nffiner or elected or official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities. or who is in a position to participate in a decision-makins Drocess or gain inside information with regard to such activities , may obtain a personal or financial or benefit from the or asreement with thereto. or the process thereunder.either for himself or herself or for those with whom he or she has family or business ties. durins his or her tenure for one thereafter. If a conflict or a potential or perceived conflict SUBRECIPIENT d< AS scn COUNTY cAO whether an federal resulations. {<{< 1 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-O I 2 Page 2111 of 3380 E. 1.2 PROJECT DETAILS *i<{. B. Performance Deliverables I 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI aJ Program Deliverable Deliverable Supporting Documentation Submission Schedule Special Grant Condition Policies (Section 1.1) Policies as stated in this agreement ,Within sixty (60) days of Agreement execution Insurance Insurance Certificate Exhibit A Within 30 days of Agreement execution, and annually within thirty (30) days of renewal Detailed project implementation schedule Project Schedule Within sixty (60) days of Agreement execution Progress Report Exhibit C Aua*e*rreBe*s, Ouarterly on ttre 201 dav eter the quarter . Annual Audit Monitoring Report Exhibit D Annually, within 60 days after FY end Financial and Compliance Audit Audit, Management Letter, and Supporting Documentation Annually, nine (9) months for Single Audit OR one hundred eighty (180) days after FY end Business Associate Agreement Business Associate Agreement Within 60 days of Agreement execution Program Income General Ledger reports identifuing project revenue and Quarterly, along with request for payment cao Limited English Proficiency - Persons who. as a result of national origin. do not speak English as their primary language and who have limited abilit-y to speak. read. write. or understand English ("limited English proficient persons" or "LEP persons") may be entitled to language assistance under Title VI of the Civil fughts Act of 1964 (Title VI) in order to receive a particular service. benefit. or encounter. In accordance with Title VI and its implementing regulations. SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities funded with DOJ/BJA Funds bv LEP persons. Any of the following actions could constitute "reasonable steps." depending on the circumstances: acquiring translators to translate vital documents: advertisements or notices: acquiring interpreters for face- to-face interviews with LEP persons: placing advertisements and notices in newspapers that serve LEP persons; partnerinq with other organizations that serve LEP populations to provide intemretation. translation. or dissemination of information reearding the project: hiring bilineual emplovees or volunteers for outreach and intake activities: contracting with a telephone line interpreter service: etc. Page 2112 of 3380 expenses Drug Court Policies and Procedures Manual Policy and Procedure Manual Within 60 days of Agreement execution and updates per occurrence Employee Attestation of Texting and Driving Policy Signed Texting and Driving Policy Within 60 days of Agreement execution (staff driving while performing work during use of funds provided by this grant) Conflict of Interest Form Subreci endor Conflict of Interest Disclosure Form Uppn qxecution of the agreement. for all employees who work on activities associated with the grant and upon hiring of all new employees Whistleblower Protections Certification Exhibit G Upon execution of the agreement. for all emplovees who work on activities associated with the grant and upon hiring of all new employees Affidavit Reeardlas Labor and Services (Traff,rckins) Affidavit Upon execution of this Agreement. *{<1c 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on October 1,2023, and end on September 30, 2027.,earlier in accordance Remedies. and Termination.Any Funds not oblisated by the date of this shall a The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement, in accordance with DOJ/BJA, following receipt of the SUB S written request submitted at Ieast 30 davs orior to agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available NINE HLINDRED THOUSAND DOLLARS AND ZERO CENTS (5900,000.00) for use by the SUBRECIPIENT during the term of the Agreement (hereinafter, referred to as the "Funds"). SUBRECIPIENT is permitted to submit for expenses incurred from October 1,2023, forward. The SUBRECIPIENT shall I 5 PJA-23 -GG- 0429 5 -DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-01 4 CAO Page 2113 of 3380 also submit match funds, in the amount of THREE HLINDRED THOUSAND DOLLARS AND ZERO CENTS ($300,000.00). The SUBRECIPIENT agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS. Modifications to the "Budget and Scope" may only be made if approved in advance. Cumulative Fund shifts among line items may be approved administratively by €++${er @ CHS Director or designee for a total of up to 10 percent (l0oZ) of the total funding agreement and shall not signifu a change in scope. Fund shifts that exceed l0 percent (10%) shall require formal Grant Award Modification (GAM) by DOJ, and approval by the Board of County Commissioners (Board). The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of DOJ/BJA funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to all applicable Local, State, or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with $218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." In accepting grant funding from the COUNTY, SUBRECIPIENT agrees that these funds cannot and must not be utilized for expenditures already covered by other funding resources received. SUBRECIPIENT may not request reimbursement for expenses under agreement 2023-GG-04295 that have been previously submitted under agreement 2020- DC-BX-0l38 or 2017-DC-BX-0053 or any prior agreement. This would be considered a duplication of benefits, which is prohibited by law. If a duplication of benehts occurs, COLTNTY reserves the right to recoup those funds. I5PJA-23-GG-0429'-DGCT 5 David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI CAO Page 2114 of 3380 If the SUBRECIPIENT currently has other active awards of federal funds, or if the SITBRECIPIENT receives any other award of federal funds during the period of performance for this award, the SUBRECIPIENT promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the SIIBRECIPIENT must promptly notiff the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of- project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication offunding *< {< 2.1 AUDITS During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COLTNTY will conduct an annual financial and programmatic review. At any time during n representatiYes) m review; inseeetio The SUBRECIPIENT must fully clear all deficiencies noted in the audit report within 30 days of receipt of the report. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COIINTY policy concerning Subrecipient audits and 2 CFR 200.501. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part200, Subpart F-Audit Requirements. ,t< *.* 2.2 RECORDS AND DOCUMENTATION I. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that 15PJA-23-GG-04295-DGCT 6 David Lawrence Mental Health Adult Drug Court DOJ,tsJA23-01 cao Page 2115 of 3380 does not exceed the cost provided in Chapter 1 19, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and2 CFR 200.338. eF €HAPTER 119, FLORJDA ST^TUTES, TO THE SUBRECIPIENT',S DUTY TE PROVIDE PUB ^GRSEI\{ENT, CONTA€ ?39-252 2679r Mieh N*p}es.+L34+l+ IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER II9, FLORIDA STA TUTES. TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT. CONTACT THE CUS TODIAN OF PUBLIC RECORDS AT 239-252-5837. Aneel.Bates@colliercountvfl.eov.3299 Tamiami Trail E. Naples FL34tl2. J. SUBRECIPIENT shall take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) and other with 2 C.F.R.200.3 e This information that DOJ/BJA or the C desisnates as sensitive. or other considers sensitive and is Federal, State. and Local laws reearding privacy and responsibility over confidentiality. 2.3 MONITORING SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COTINTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or DOJ/BJA to enable CHS to evaluate said progress and allow for completion of required reports. The SUBRECIPIENT shall allow CHS or DOJ/BJA to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or DOJ/BJA. At any time durins normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary. the SUBRECIPIENT shall make available for I 5PJA-23-GG-04295.DGCT David Lawrence Mental Health Adult Drug Court DOi,tsJA23-01 or audit all 7 and other data to CAO Page 2116 of 3380 matters covered by the Agreement. COLNTY will monitor SUBRECIPIENT's performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards as stated, with all other applicable laws, regulations, and policies governing the funds provided under this Agreement further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide DOJ/BJA, the DOJ Office of Inspector General, the General Accounting Office, the COIINTY, or the COUNTY's intemal auditor(s) access to all records related to performance of activities in this Agreement. {<{.* 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports and on resolution of monitoring findings required by this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of proiect activitv may result in the withholdinq of payment or issuance qf a Na!i@. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COLINTY on the 20th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. *{<* 3.1 SUBCONTRACTS eeast Uriversity (FGGU), No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COLINTY's sole discretion and judgement.sions of be included in and made a part of any subcontract executed in the ** its of this cao Agreement. I 5 PJA-23 -GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-01 {< 8 Page 2117 of 3380 3.7 GRANTEERECOGNITIONiSPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the Program sponsorships, research reports, and similar public notices, whether printed or digitally prepared, released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: O'FINANCED IN PART BY U.S. BUREAU OF JUSTICE ASSTSTANCE (BJA) GRANT NUMBER I5PBJA-23-GG-04295- DGCT AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and The statement shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information te{he gefterahubli€ regarding the development team, egl /eU g! and Equal Housing Opportunity to the public. Construction signs shall comply with applicable COLTNTY codes. Iffi -,,Ll:.L ^- ^+L^-,,,i ^-,{ o,,+Ln-i-a ^+L^-. +^ ,,.^ +L^ "'^-1. ^- '-^+^-i^1. f^-reru 3.I2 PURCHASING * ** Ba4sei Competition Required $0 - $10,000 Sinele Quote $10,001 - $50,000 3 Written Quotes in writine $s0.001 - $2s0.000 3 Quotes through COI-INTY'S biddi $250.001+Formal Solicitation (ITB, Rfl'}-e1q.) iea if apptieabte te sUBru "Ptrblie trnterest Phased Implementatien \\/aiver fer FY 2022 and 2023 ef Build l#neriea; Buy Adneriea Previsio (8 8FR I 700 I ), any funds ebligated by HUD en er after the applieable listed effeetive dates; iv€f' All tasks specified in Part I. Scope of Work shall be performed bv SUBRECIPIENT employees, or put out to competitive biddine, under a 9 acceptable to the CAO I 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier Count-y's Procurement Ordinance 2025-34. as amended. Current COIINTY purchasing thresholds are: Page 2118 of 3380 COLINTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest. responsible. and qualified bidder. Contract administration shall be manaeed by the SUBRECIPIENT and monitored by CHS. which shall have access to all records and In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. *{<* 3.18 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement. In addition, it will not employ or subcontract any person having any conflict of interest. SUBRECIPIENT covenants that it will comply with all Federal "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions goveming conflicts of interest. All SUBRECIPIENT employees who work on activities associated with this Agreement shall complete the Subrecipient/DeveloperAy'endor Conflict of Interest F to execution of this the period of performance for this who will work on activities associated with shall also and Disclosure Form SUBRECIPIENT will notiff the COLINTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COLTNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed in writing to CHS, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate-income residents of the project target area. 3.19 INCIDENTREPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any subcontractors shall report knowledge or reasonable suspicion ofabuse, neglect, I 5 PJA-23-GG-04295-DGCT David Lawrence Mental Health Adutt Drug Court DOJ/BJ423.O1 i0 cao Page 2119 of 3380 or exploitation of a child, aged person, or disabled person to the COLINTY During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County S+anda#d-Si*breebient Incident Report Form (Exhibit F) shall be used to report all such incidents. **{< 3.22 DUPLICATION OF EFFORT SUBRECIPIENT certifles that costs for work to be performed under this Asreement or any subcontract do not duplicate any costs charged against any other contract. subcontract. or other source for a similar project. in accordance with 48 C.F.R. $1331.205-70. SUBRECIPIENT asrees to advise the COUNTY in writins of any other contract or subcontract it has performed or is performing which involves work directly related to the pumo se of this Asreement. 3.23 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself. its partners. successors" legal representatives. and assigns of such other part_v in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data. reports. and other information it furnished to the COUNTY regarding the Project are accurate and complete. and financial disclosures fairly represent the financial position of SUBRECIPIENT IPIENT understands that client information private and the use or disclosure of such information. when not directly connected with the Of thE COUNTY'S OT SUBRECIPIENT'S with S ded under this IS from such person receiving service and,case of a minor. that of a responsible parent/guardian. IPIENT certifies that it has authorized the execution and Agreement. SUBRECIPIENT also certifies the undersisned oerson has the authoritv and bind the SUBRECIPIENT to the The section headings and subheadings contained in this Aereement are included for convenience only and shall not limit or affect the terms of this Asreement. The Aorccrnenf T-)nr.rr shall be construed i- qnnnrdqnce rxri o-.{ -^*ro-arl }.., fha laws ofthe State of Florida. without giving effect 11 to its provisions resardine choice of laws. CAO I 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-01 Page 2120 of 3380 Any suit or action brought by either par|y to this Aereement against the other party relatine to or arisinq out of this Aqreement must be brought in the appropriate federal er state courts Collier F which courts have sole and exclusive matters. All activities authorized bv this Asreement shall be subiect to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY. the Regulations. all applicable Federal. State. and Municipal laws. ordinances. reeulations. orders. and euidelines. includins but not limited to any applicable regulations issued by CHS. Electronic Sienatures. This Agreement" and related documents entered into in connection with this Asreement are sioned when a narfv ,S si qnafirre is delivered hv facqimile e-mail or el the same force and effect as oriqinal signatures. 3.24 WAIVER The COI-INTY'S failure to act with resoect to a breach bv SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provrslon. *+1c 4,4 Employment eligibility verification for hiring under the award 4. Rules of construction EA. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all SUBRECIPIENT officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. FB. Employment eligibility confirmation with E-Verify For purposes of satisffing the requirement of this condition regarding verification of employment eligibility, the SUBRECIPIENT shall participate in, and use, E- Veriff (www.e-veriff.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verifu (and follows the proper E- Veriff procedures, including in the event of a "Tentative Non-confirmation" or a "Final Non-confirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with I5PJA-23-GG-04295-DGCT 12 David Lawrence Mental Health Adult Drug Court DOyBJA23-01 cAo Page 2121 of 3380 award funds GQ. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northem Mariana Islands. Hp. Nothing in this condition shall be understood to authorize or require SUBRECIPIENT, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. IE Nothing in this condition, including in paragraph 4.B., shall be understood to relieve SUBRECIPIENT, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verifu website (https://www.e-verifu.gov/) or email E-Veriff at E-Verifr@dhs.gov. E-VeriS employer agents can email E-Verify at E- Veri f-v Emp loy erA gent @ dhs. go v. F. Unauthorized Aliens aliens shall not be shall be cause for unilateral cancellation of this Asreement bv the COUNTY for violation of $274A of the Immieration and Natio nalitv Act. SIIBRECIPIENT and its subcontractors will enroll in the E-VeriIY system established by the Department H Securi to the subcontractors' employees perfolmine under this Asreement. Employees assigned to this incl the SUBRECIPIENT Performance, to perform work pursuaqlto this Asreement within the United States and its territories. d<*d< 4.7 Requirement pertaining to prohibited conduct related to trafficking in persons The SUBRECIPIENT must comply with all applicable requirements, including requirements to report allegations pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, Subrecipients, or individuals defined, for purposes of this condition, as "employees" of the SUBRECIPIENT. Details of the SUBRECIPIENT's obligations associated with prohibited conduct related to trafficking in persons are posted on the OJP web site at: eCFR::Appendix A to Part 175. Title 2 -- Award Tertu I 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJ423-01 13 CAO Page 2122 of 3380 Pursuant to Florida Statues Section 787.06. SUBRECIPIENT attests that it does not use sos of perjury. signed by an officer or representative of the organization attesting that it does not use coercion for labor services. See: http ://www. leg. state. fl .us/Statutes/index.cfm?Aoo mode:Displav Statute&URl:0700- 0799/0787/Sections/078 7.06.html Award condition: Prohibited conduct by recipients and Subrecipients related to trafficking in persons, including reporting requirements and OJP authority to terminate the award, are incorporated by reference here. *>B * 4.18 Requirement to report potentiallv duplicative fundins If SUBRECIPIENT cunently has other active federal fund awards. or if SUBRECIPIENT an award of federal funds the SUBRECIPIENT must promptly determine whether funds from any of those other federal awards have been. are being. or are to be used (jn whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so. SUBRECIPIENT must promptly notify the DOJ awarding agency in writine of the potential duplication. and if so requestedby the DOJ. must seek a budget modification or chanse-of-proiect-scope Grant Award Modification to eliminate any inappropriate duplication of funding. 4.189 Reporting potential fraud, waste, and abuse, and similar misconduct The SUBRECIPIENT must promptly refer to CHS and the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, SUBRECIPIENT, contractor, subcontractor, or other person has, in connection with funds under this award: (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by: (l) mail directed to Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue N.W., Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3) the DOJ OIG hotline: Contact information in English and Spanish at (800) 869-4499 (phone) or (202)6t6-9881(fax). https://www.ojp.eov/sites/s/files/xyckuh24l /files/media/document/ojp_tfsc_guide_sheet_ preventine fraud waste abuse and mismanaeement 112421 508.pdf 4.l92J.Restrictions and certifications regarding non-disclosure agreements and related matters Neither SUBRECIPIENT nor entity that receives a procurement contract or subcontract I5PJA-23-GG-04295-DGCT 14 David Lawrence Mental Health Adult Drug Court DOJ,tsJA23-01 cAO Page 2123 of 3380 with any funds under this award may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, the reporting, in accordance with law, of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency. 4.20L Compliance with 41 U.S.C. 4712, including prohibitions on reprisal; notice to employees The SUBRECIPIENT must comply with, and is subject to, all applicable provisions of 4lU.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The SUBRECIPIENT also must inform its employees, in writing, and in the predominant native language of the workforce, of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the COTINTY will contact OJP for guidance. 4.212. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October l, 2009), DOJ encourages SUBRECIPIENTs to adopt and enforce policies banning employees from text messaging while driving any vehicle, during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. The SUBRECIPIENT agrees to submit to Bureau of Justice Assistance (BJA) for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written, visual, or audio publications, except for press releases, whether published at the grantee's or goverrlment's expense, shall contain the following statements: "This project was supported by Grant No. 15PBJA-23-GG-04295-DGCT awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." I 5 PJA-23 -GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI 15 CAO 4.223- Approval of curricula, training materials, proposed publications, reports, or any other written materials Page 2124 of 3380 The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 4.23! Compliance with CHS and OJP grant monitoring guidelines, protocols, and procedures The SUBRECIPIENT agrees to comply with CHS and OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with CHS and OJP on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The SUBRECIPIENT agrees to provide to CHS and OJP all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the SUBRECIPIENT agrees to abide by reasonable deadlines set by CHS and OJP for providing the requested documents. Failure to cooperate with CHS and OJP's grant monitoring activities may result in sanctions affecting the SUBRECIPIENT's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the SUBRECIPIENT's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the SUBRECIPIENT as a CHS and DOJ High Risk grantee; or termination of an award(s). 4.245 Cooperation with any assessments, national evaluation efforts, and/or data collection The SUBRECIPIENT agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 4.256 Justification of Consultant Rate Approval of this award does not indicate approval of any consultant rate more than $650 per day. A detailed justification must be submitted to CHS and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. 4.261- Prohibition on the use of grant funds for inherently religious activities The SUBRECIPIENT agrees that assistance funds awarded under this grant will not be used to support any inherently religious activities, such as worship, religious instruction, or proselytization. If the SUBRECIPIENT refers participants to, or provides, a non- Federally funded program or service that incorporates such religious activities, (1) any such activities must be voluntary for program participants, and (2) program participants may not be excluded from participation in a program or otherwise penalized or disadvantaged for any failure to accept a referral or services. If participation in a non- Federally funded program or service that incorporates inherently religious activities is deemed a critical treatment or support service for program participants, the grantee agrees to identifu and refer participants who object to the inherently religious activities of such program or service to, or provide, a comparable secular alternative program or service. I 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI t6 CAO Page 2125 of 3380 4.2+g Drug Court Key Components All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found in BJA's and National Association of Drug Court Professional's Q.{ADCP) publication: Defining Drug Courts: The Key Components at https ://www. ncj rs. gov/pdffi les I /bj a/2 05 62 1 . pdf. During the grant period of performance, if BJA concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant award agreement 4.282 Prohibition on the use of grant funds to provide services to 66violent offenders" The recipient understands and agrees that no award or matching funds may be used to provide services for violent offenders as defined in 42 U.S.C .3797v2, a "violent offender" means a person who: (1) is charged with or convicted of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which offense or conduct (A) the person carried, possessed, or used a firearm or dangerous weapon; (B) there occurred the death of or serious bodily injury to any person; or (C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offense or conduct of which or for which the person is charged or convicted; or (2) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. 4.D.$Treatment Services to Address Opioid Abuse Reduction The SUBRECIPIENT understands and agrees that, to the extent that substance abuse treatment and related services are funded by this award, they will include required treatment and services to address opioid abuse reduction. 4.301 Employee Compensation Cap With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110 percent (110%) of the maximum annual salary payable to a member of the federal govemment's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. SUBRECIPIENT may compensate an employee at a higher rate, provided the amount more than this compensation limitation is paid with non-federal funds. This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. I 5PJA-23 -GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23.OI l7 CAO Page 2126 of 3380 4.34 4.312. Drug Court Policies and Procedures Manual The SUBRECIPIENT agrees to develop and maintain a Drug Court Policies and Procedures manual for program operation. The Policies and Procedures manual must be submitted to CHS by the end of the first year of the grant period to comply with this requirement. 4.323. Prohibition of Transfers of Specified Equipment by Law Enforcement Agencies Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safe!r," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards) and are incorporated by reference here. Requirements related to Svstem for Award Managernglt and Universal Identifier Requirements SUBRECIPIENT must comply with reouirements resardins the Svstem for Award Management (SAM). currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currencv of information in SAM. SUBRECIPIENT must also comply with applicable restrictions on subawards. including subawards to entities that do not acquire aud proyide (to the SUBRECIP quq entity Identifier required by SAM registration. The details of SUBRECIPIENT'S obligations related to SAM and to unique entity identifiers are posted on the OJP website at ward Management (SAM) and Universal Identifier Requirements). and are incorporated by reference herein. 4.35 Integrity and Performance Matters SUBRECIPIENT must comply with any and all applicable reqlrirements regarding reporting of information on civil, crimiual. and administrati (.or connected to the performance ofl either this OJP award or any other grant. cooperative or contract circumstances. recipients of OJP awards are required to reoort information about such proceedings. through the federal System for Award Management (SAM) to the desisnated federal inteerity and performance system (FAPIIS). 15PJA-23-GG-04295-DGCT 18 David Lawrence Mental Health Adult Drug Court DOJ/BJA23-01 CAO Page 2127 of 3380 The details of SUBRECIPIENT'S obli resardins the required reoortins and updating of information on certain civil. criminal. and administrative proceedings to FAPIIS within SAM are posted on the OJP website at https://ojp.gov/funding/FAPllS.htm Award Condition:and Reporting to FAPIIS)), and ate tqqorporated bv reference herein. 4.36 Requirement related to "de minimis" indirect cost rate If SUBRECIPIENT is elieible under the Part 200 Uniform Requirements and other apolicable law to use the "de minimis"cost rate described in 2 C.F.R. $200.414(fl. minimis" indirect cost rate must elisibilitv and its election. and must comply with all associated requirements in Part 200 The "de minimis" rate be costs (MTDC) as defined by Part 200 Uniform Requirements. 4.37 Never Contract with the Enemy RECIPIENT will with ect to the Contract wilblhe Enemv in 2 C.F.R. httos : //www. ecfr. sov/c urrent/title-2/subtitle-A/chanter-II/nart-200/subnart-C/secti on- lm 200.215 https ://www.ecfr. qov/current/title-2lsubtitle-A/chapter-I/paft - 1 83 4.38 WhistleblowerProtections a. In accordance with 2 C.F.R. q200.217 41 U.S.C. $4712. the SUBRECIPIENT demote or otherwise for disclosins to any of the list of persons entities provided below. information that the emplo)ree reasonably believes is evidence of eross mismanagement of a federal contract or grant, a gross waste of federal funds. an abuse of authority relatins to a federal r-nnfrecf nr oranf a substantial and cnenific dqnoer fn nrrhlic health or safefv or a violation of law. rule. or regulation to a federal contract (includins the competition for or negotiation of a contract) or grant. b. The list of persons and entities in the oarasraoh above includes the following: i. An Inspector General; ii. A member of Congress or a ve of a committee of Congress: 111.Accountabili iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other lglr gn.folQglnent agency; vi. A court or grand jury: or I 5PJA-23 -GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-01 t9 CAO Page 2128 of 3380 vii. A management official or other employee of Recipient. contractor. or subcontractor who has the responsl to investisate. discover. or address misconduct. The SUBRECIPIENT shall inform its emplovees in writine of whistleblower riehts and under 2 C.F.R.0.217 and 41 U native language of the workforce. See: https://uscode.house.gov/view.xhtml?req:(title:41%20section:4712o%20edition:prelim) All SUBRECIPIENT employees directly involved with activities associated with this Agreement shall complete and submit to the COUNTY the Collier County Whistleblower Protections Certification form (Exhibit G) prior to execution of this Asreement. Any new employees hired during the period of performance of this Agreement shall also complete and submit the form to the COUNTY Federal Whistleblower Requirements.to $11(c) of the Occuoational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. Q660(c)) and the subsequent federal laws expanding the act. the SUBRECIPIENT is prohibited from discriminating against emplo)rees for exercising their rights under the OSH Act. Details of the OSH Act are located at: http ://www.whistleblowers. eov. Remainder of Page Intentionally Left Blank I 5 PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23.OI 20 CAO Page 2129 of 3380 EXHIBIT E CONTRACT BETWEEN COLLIER COUNTY AND BI]REAU OF JUSTICE ASSISTANCE AWARD NUMBER 15PBJA-23-GG-04295-DGCT Department of Justice (DOJ) Ofllcc of Justlce Programi llffiu 0f Justice Assisbnce llashington, D.C. 205J I Nrm. snd Addro$ of Racipi.nt: Stete and Zip: UEI: Enhanc€mdnt COUNTY OF COLLIER 3299 TAMIAMI TRL E STE 7OO NAPLES, FL34112 JWKJKYRPLLUG Numb.r: 1 5PBJA-23€G-0429!DGCT lnslrumenl Type: Llstlng: 16.585 - Trsalment Court Discrstionary Granl Program Bureau of Justice Assistance Grant Budget Period Start Date: 10/1/23 gudgel Period End Date:9/30/27 Page:1 of20 I 5PJA-23 -GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI 2l CAO Pro.lect Perlod Starl Date: 10/1/23 Page 2130 of 3380 Letter 27,2023 Therese Stanley, also lncludes any OtrerAward Dowrents. note that aurard requirements indude not only the conditions and limitations set fur& in tln Award Ofter, but wllh assurances ard certlf,ca[ons fiat rolate b mnduct durlng tln pedod of perfurnance 6r thc Equlremenb enconrpass finandal, admlnlstrs{ire, and programmatb matbrs, os uell as ol}pr lmportanl lhe awnrd- you accept he award and then fail to comply wi$ an award rcquircment, DOJ will puBue appropdab remedies nonomplianco, whidr may indude ternination of the auratd and/or e requiremr* to repay award funds. within 45 days from he auerd date. need to enroll ln the Auhnated Standad Appllcaton br Paymenta (ASAP) rysiern, tf the enrollrnent process in ASAP. The Entity Administrator should have already reived email from ASAP b initate lhls Focess. and !v€ look fqnrud to working with yo. Solomon for All Reclplents 1 5PJA-23 -GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-01 22 Page: 2 of 20 c4- for Clvll Page 2131 of 3380 provldlng servlces ln a nondlscrimlnabry manner b thelr servlce populaton or have emplqgnent pmcilces thal eq ualopportunity standards. )rou are a reciplent of grant awards under the Omnlbus Crlme Conbol and SaE Steets Ad or lhe Juvenle Justce additionsl b Equal For additional regarding th€ EEOP requirenrnl s€6 28 CFR Paft4?, subpart E, and bradditbn8l information r€gardirE when thora ls an adverse finding, tee 28 C.F.R. S$ 42204(c), .205(cX5). oqanizetbn meet the clvil assist you in fulfilling yurr rlghte rEqulrementa that organizaliixr's civil ri ghts srgassodaGdwffi DA, or nondiscriminatftrr as a redplent of bderal inanclal asstshnce, please do not hesltab b contact the OCR al Regarding I{EPA Letter Exdunion Letter of the followiog activfies will be condupted whetb€r rmder the OIfice of Justicc Progrms federal actioa or related ttird party actiou: 1) New consEuction Any renovation or rernodeling of a property located in an envirounentally or historically sensitive ae4 property (a) Iistcrl on sr cligiblc for listing oo the Nstional Rcgistcr ofl{istoric Plaser, or (b) located a 100-year lloodplaiq a wetlard, or habitat for an endangrred species ) A reuwation that will chaage thc basic prior uoc of a facility or eipilicaotty chage its size ) Research and tccbnolory whosc anticipated and ftture application could be expcctcd to havc ao effest olr the Implementation of a progarn involving the use of chemicsls (including thc identifcdioq seianre, or closure clandcetine meftamphstamire laboratories) , the propooed astion is neithsr a phase nor a segmcnt of a project tbat wheir rwiewed ir ib cntirety uot meet the criteria for a categorical exclusiou. , the subject federal astion m€ets the Office of Justice Programs' critsia for a ca&gorical exclusioa coatained in paragnph 4(b) of Appendix D to Psrt 61 of Titlc 28 of thc Code of Federal Regulotions. about this determination may be directed to your grant manager or Ortin Terry, Environmental for tle Bureau of Justicc Assi$tarc€. EPA Coordlnator Name llllddle Name Lact ilame Teny I 5PJA.23 -GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI 23 Page:3 of20 CANPage 2132 of 3380 Award lnformation This arvard ir offerad eubjec-t to the conditions or limitationc tet fiorth in the Award lnformation, Ptoject lnfurmatlon, Flnanclal lnformatlon, and Award Condltlonc- Recipient Infomation Recipient Name COUNTY OF COLLIER UEI JWKJKYRPLLU6 City CounRlParish Strcet I 3299 TAMIAMI TRL E NAPLES ZplPoctal Gode 34112 Avard Detalls FederalAward Date st2il23 Award Number 1 sPBJA.2&GGO4295.DGCT FcderalAward Amount $1,000,000.00 Asslrtrncc Lirting ilumbor Strge( 2 sTE 700 Statcn .S. Tenitory Florida Countsy Unlbd Stabs Provlnce Award Type lnlthl Supplement Number 00 Fundlng lnsbumcnt Type Grent Assistanca Listings Program Tl{c 16,585 Treatment Court Discmlionary Grant Program Statutory Authorlty Pub. L. No. 90-351 , Title l, Part EE (codified at 3{ U.S.C. '1061 1 - 10619): Department of Justice Appropriatircns Act, 2023 (Pub, L, No. 1 1 7-328; 1 36 Stal. 4459, 4s37) Dq I have rcN and under*and the information presenled in lhis sedion of the Fede,al Awad lndrument. rward ir oflemd rublec't to ths conditiona or limitationa ret furft in tho Annd lnformation, PmJec{ I 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adutt Drug Court DOJ/BJA23-01 24 Page: 4 of 20 cAr, Page 2133 of 3380 Financial lnformation, and Arvard CondiUons. icitation Title BJA FY 2@3 Adult Treatrnent Court Sit+Based ication Number 3852816 ilanager Name Lee-Williarns Number Addrrss Title County Adult Drug Court Enhancement Performance Period Start AwardingAgency o.rP Ptogram Olfica BJA 1UO1m23 uo1n023 Period Start Date for a minimum of 15 Performance Period End Date 09130Pf,27 Budget Period End Date 09l3am27 Description and StandardI 10 (Monltorlng ard Evaluallon). lt months, and the maxlmum to dab b danned lhat120 parlblpants wlll be sorved. Partdpatlon haa been 28 months. The ayenge longth of parlidpatlon ls drug screener/coach, ensuring full comfllance witt all drug and alcohol testing Best Practice Stardar&, additon a fulFtime data and outcomee apecialiet; monibring and timetables to rectlff pracllce of adherence to best practico standsrds, dsveloprflsrtof actlon plans stardard defrdendes, comparlng outcomes of CADC rcad aN underctand the infonnation pnsanted in this secltun of tt|€ Fodenl Awad lndrumont. 1 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI 25 Page: 5 of20 CAO Page 2134 of 3380 auard b offercd subleet to the conditionr or limitationr set forfi in the Arvad lnformation, PrcJect havercadandun&r*adthelnlormatimprc*ntedin t rssecfbn oftheFede,.a/l Awa/dlns/'ruDPJnt- recipient budget is crnen{y under revlew. Financial lnformation, and Award Conditionr. award 1 1 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-01 or llmltatlone 3et forft !n the Armnd lnformaflon, PrcJect Conditionr. with restrictions on the use of federal fundrprohibiled and controll€d equipment under qJP awards with Execrdiw Qrder 14074, 'Advancing Efiedive, Accountable Polidng and Crlmlnal Juetice Praclices To Public Trust and Puuic Safety,' qrP has prohibited the use of federal funds under this arvard fur purcfiases incorporated by reference here wlth DOJ regulations pertalnlng lo clvll rlghts and nondiscrlmlnatbn - 28 C.F.R. Part 54 any tler, must comply wllh al! appllcable requlrements of 28 the basis of sex ln certain 'education programs," with 41 U.S.C.4712 (induding prohibitions on reprisal; notica to employees) 2, (and any subrecipient at any tier) must comply with, and is sut{ect to, all applicaUe provisions of 41 including all applicable provisions that prohibit, under specified cirotmstiances, discrimlnation against an as r€prisal brthe employee's di6closurs of information related to groso mismanagement of a relaUng to a bderal grant, a substantlal and speclflc fuderal grant, a bwaste of federal funds, an abuse of authorl$danger health or safuty, or a violation sf law, rule, a regulation relabd to a fuderal grant. recipient also must inform its employees, in writing (and in lhe predominant native language of the worldorce), of rights and remedies under 41 U.S.C. 4712. a question arise as to the applicability of the provisions of 41 U.S.C. 4712 b this award, the recipient is to the DOJ awarding agency (OJP or OWt/, as appropriaE) fior guidance. of Part 200 Uniform Requircments Unibrm Administalive Requiremenb, Cost Principle, and Audit Requirements in 2 C.F.R. Part 200, as adopted supplemented by DOJ in 2 C.F.R Part 2800 (together. the 'Part 200 Uniform Requioments") apply to this FY award from OJP. 26 Page: 6 of 20 CAt Page 2135 of 3380 Part 200 Uniform Requirements were first adopted by DOJ on Dmmber 26,2014. lf this FY 2022 award awarded by OJP underlhe same award number (e.9., funds avyarded durlng or before Uniform Requirements apply with respect to all funds under that award number of the arard date, end regardless of ryhether derived frcrn th€ initial award or a supplemsntal eyvard) that oulgated m or afbr the acceptanoB date of thls FY N2. award. For morE information and r€Eouruas on the Part 200 Uniform Requiremenb as they r€lato to OJP awards and see the OJP website at https://ojp.gor/fundlng/Part200UniformRequirernents.htm.('subgrants"), documents, statistical reoords, and other pertinenl records indicated at 2 C.F.R. 200.334. n tha event that an award'related question arises from documenb or other materials prepared or disbibuted by OJP may appear to conflict with, or difier in some way from, tfre provisions of the Part 200 Unilorm Requirements, lhe is to contact OJP prompUy for clarification. with applicabb rules regarding approval, planning, and reporting of confurences, me€tings, trainings, and events applicable laws, regulatiom, I reporting requirements, wherc (as that term is defined by DOJ), the provlslon of food and/or beverages at sucft conferences, and cosb of attendance at such confercnces. on the pertlnent DOJ deflnltlon of conferences and the rules applicable to thls award appeam ln the DOJ Financial Guide (cunently, as section 3.10 of 'Postarvard Requirvnents' in the 'DOJ Granb Financial Guide'). for data on performancg and efiectiveness under the awerd recipient must collect and rnaintain data that measure the performance and eftctiveness of rcrk under lhis The data must be provided to OJP in the manner (including within ths timeftames) specilied by OJP in the guidance. Data cdlectlon supports GPRA Modemization Ac{ of 2010, r compllance with the Govemment and other applicable laws. wl'rh DOJ Grants Flnarclal Gulde to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website the "DOJ Grants Flnanclal Gulde" avallable at htpa://olp.gov/fl nanclalgulde/DOJfl ndexhtn), lndudlng any perfiormance. The redplent agre€s t! comply wtth he DOJwrslon that may be posted during the perlod of Financial Guide. with general appropriationa-laur restrictions on the use of fuderal funds (FY 2022) lhe use of tn and are incorporaled by re"ference here. a question arlse as to whether a particular use of fuderal funds by a recipient (or a subrecipient) would or mlght at I 5PJA-23 -GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI 27 Page:7 of20 C.,qf, subrecipient final at to and at tier, sel out Acl,nz2,are Page 2136 of 3380 10 11 of an appropriations-law restriciion, the recipient is to contac{ OJP for guidance, and may not exprEss prior writlen approval of OJP. with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 recipient, and any subrecipient ('subgrantee') at any tier, must comply with all applicable requiremenb of 28 indudi ng any applicable requirements regading.R, Part 38 (as may be applicable from tirne !o time), specifically notlca lo prcgram beneflciarles and prospedive program b€nericlaries. C.F.R. Part 38 includes rules that prohiHt 8pedfic turms of discrimination on the a refusal to hold a rdigious beliof, or rsfusal b attend or participato in a religious Part pertain to text of 28 C.F.R. Part 38 b availaHe via the Electronic Code of Federal Regulatirns (currently accessible at htps:/ Adminislration, Chapter 1, Part 38, under.gdcgi-bin/EGFR?page=browse), by broursing to Title 28-Judicial "current'data. of failure to address audit issues or revievs of DGI awards. uirements of the award; remedies for non-compliance or for materially false statemenb condilions of this award are material requirements of the award, Compliance with any assurances or certificaticns by or on behalf of the recipient thal relat€ to conduct during the period of performanca also is a material of this awad. Exceptions. ln certain special cirarnrstances, the U.S. Department of Justice ("DOJ') may determine that it will enfbrca, or enfprce only In part, one or mor€ roqulr€rnentr$ othgrwise applicaUe to tha award. Any such exceptions exoepUons made durlng the perlod of performance, are (or will be durlng the ffice of Justice Prcgrams ('OJP') webpage entited "Legal Noticee: enforcement lnc-ludlng any suctl perkrd of performance) Bet out hrough circumstances as tc particular award condilions" (crjp.govrfunding/Explore/LegalNotices-AwardReqb.htm), and Into the award.by reference signing and accepting this award on behalf of the recipienl, the authorized recipient official accepts all material ofthe award, and speclllcally adopb, as lf perconally exe$fled by lhe authodzed redplent ofildal, all submltted by or on behalf sf the recipient that relate to conduct during the period of to comply with one or mone award requirements - whether a condition set out in full below, a condition by reference below, or an aasurance or qertification olated to conduct during the award perM - may rn OJP taking appropriale adion with respect to lhe recipient and the award. Among other things, the OJP may award funds, disallow costs, or suspend or termlnab the award. DOJ, induding OJP, also may take other ac-tion ao appropriate. fulse, fictitious, orfraudulent etatement b the bderal govemment rclaEd to this award a material subject of criminal prosecution (irrcluding under 18 U.S.C. 1 34 U.S.C. 10271-may lead to imposition of civil penalties and admin'lstrative remedies for false Page: 8 of 20 or certifications (or concealment 001 and/or't621,fact) may be the 1V2731, and also 1 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI 28 cAo recipient Page 2137 of 3380 or otheryylse (lncludlng under 31 U.S.C. 372*3730 and 3801-3812). any prcilslon of a requircment of thls award be held to be lnvalld or unenbrceable by lts terms, that maxlmum effect permltted by law. Should provlslon llrst be applled wlth a llmlted constructlon so as to glve lt the It be hdd, nstead, that the provhion is uiledy invalid or-unonforceable, cucfi prcvision shal! be deemed severable ftom this 2 with DOJ rogulations pertaining to cMl rights and nondiscrimination - 28 C.F.R. Part 42 redplent, and any eubreclplent fsubgrantee') at any tler, must comply wlth al! appllcable requlremenb qf 28 .R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 thst rolato to an employnent opportunlty prcgram. 3 related to "de minimis" indirect cost rate recipbnt that is eligible under the Part 200 Uniform Requiremenb and other applicable law to use the "de minimis" cost rate described in 2 C.F.R. 2t,0.414(0, and that ebcts to use the ude minimis'indirec't cost rate, musl OJP ln wrltlng of both lts ellglblllty and lts electlon, and must comply with all associaled requlremenb ln the Part rate may be applled only b modlfled tiotal dlrec't coets (MTDC) a6 d€flned 4 eligibility verification for hiring under the award The recipient (ard any subreciplent at any Uer) must- Ensure that, as part of the hiring process frcr any position within the United States that is or lvill be funded (in whole in part)with award tunds, the recipient (or any subrecipient) properly verifies the employment eligibility of the who is being hired, consislont with the provisions of 8 U.S.C. 132aa(aX1). Notlff all persons assoclated wlth the reclplent (or any subrcdplent) who are or wlll be lnvolved ln actlvltles under award of both- ) thls auard requlrcment tur verlllcaton of employment ellglbfltty, and the assodated provislons in 8 U.S.C. 1324a(a[1) tha( generally speaking, make it unlaurful, in the Unlted Shtes, to (or recrult for employment) certain allens. Provide per€ons required by this condition to be notified sf the award of the assmiated provisioos of 8 U,S.C. 1 32aa(a)(1). As part of the recordkeeping for the award (including pursuant b the Part 200 Unitcrm Requiremenb), maintain auard condltlon ln accordance wlthof all employment ellglblllty verillcatlons perflnent to compllance wlth thls l-9 record retention raquiroments, as well as records of all pertinent notifications and trainings. Monitoring recipienfs moniMng responalbilities irrclude monibring of subocipienl compliance with this condition. Allowable costs the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for rcasonable, nece$ary, and allocable costs (if any) of ac{ions designed to ensurc compliance with this condition. Rules of construction I 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-01 29 Page: 9 of 20 CAO Page 2138 of 3380 Stafi involved in the hiring prooess of this condiUon, ponons luho are or wlll be Involved ln activities under this award" apedfically includes limitation) any and all recipbnt (or arry subrccipienl) ofiiqalr or other stafi who are or will be involved in the prccess with respect to a position that is or will be funded (in whole or in part) with award funds. Employrnent eligibility confi rmation with E-Verify purposes of satisfuing the requirement of this condition regarding verification of empbyment digibility, he racipient any subreclplent) may choose b partldpate ln, and uge, E-Verlff (www.evertfy.gw), prwlded an approprlale authqized b act on behelf of lhe rccipient (or subrecipienl) uses E-Veriff (and tulbu,s the poper E-Verifr induding ln the event of a 'Tentative Noncorfirmation" or a "Final Nonconflrmatbn") b confirm ellglHllty br each hlrlng for a posltlon ln the Unlted Stabs that le or wlll be tunded (ln whole or ln part) wlth funds. 'Unibd States' spedflcally lncludes the Dlstrlct of Columbia, Puerto RIco, Guam, the Vlrgln lslands qf he Unlted and the Commonwealth of the Northem Mariana lslands. Nothing ln Oft condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any applicable civil rights or nondiscrimination larv,person or offrer entity, to violate any federal law, Including Nothlng ln thls condltlon, lncludlng ln paragraph 4.B., shall be understood to rellwe any reclplent, any subredplent any tier, tr any p€rson or other entity, of any oHigation otherwbe lmposed by law, induding 8 U.S.C. 1324a(aXl). abort E-Verify shouH be directed b DHS. For rmrc lnbrmation about E-Veriff visit the E-Veriff website employer agenb can email E-Verify at E-or ernail E-Verify at E-Verify@dhs.gov. E-Verify abotrt the meaning or scope of this condition shouH be directed trc OJP, befurc auard acoeptanoe. 15 16 17 I 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI of eultability to interact with pailidpating minors Thls condltlon applles to thls armrd tf ]t ls lndlcated - ln the appllcatlm furthe award (as approved by DOJ)(or the appllcaton for any subaward, at any tler), the DOJ fundlng announcemgnt (sollcltaton), or an assoclated federal - that a purpose of some or all of the activities lo be canied out under the award (whether by the recipient, or a at any tier) is io benetrt a set of individuals under 18 years of age. any tier, must make determinations of suitability before certain individuals may requirement applies regardless of an individual's employment status. delallo qf thls rcqulrement are posted on the OJP web slte at https//oJp.gov/tunding/Explordlnteract-lVllnors.hkn for certain indMduals who may interact with Training Guiding Principbs at impoeition of additional requlremenE recipient agrees to comply with any additional requirenrenb that may be imposed by the DOJ awarding agency Page: 10 of20 30 cao or OJP ('subgranEe') at any tier - develops or Prindples for Grantees and SubgranEes, Page 2139 of 3380 or OVW. as for purposes approprlate) during the perlod of performance for thls award, lf the reclpient ls deslgnated as 'hlgh- of the DOJ higl'rrisk grantee list. 8 training for Grant Award Administrator and Finsncial Manager Grant Award Administrator and all Financial Managerc for this award must have successfully completed an "OJP administation lraining" by 120 days ater the date of the recipient's accsptance of the such a tralnlng on or aftar O@b€r 15, 2020, wil satsfy this condltlon. the event that elther the Grant Award Admlnbfator or a Flnanclal Manager for thls award changes durlng the perlod a training on or after October 15, 2020, will sati.sfy this condition. llst of recipient should anticipate that OJP will immediately withhold this condition. The recipienfs failure to comply also may lead awad. ('freeze") award funds if the rwipient fails b c-omply OJP to impose additional appropriate conditions on 19 and certilications regarding non-disdosure agreements and related matters rccipient or subrecipient ('subgrantee") under this award, or entity that receives a proanrement conhact or with any funds under thb award, may require any emfloyee or conlraclor to sign an intemal confdentiality or sHement that prohibrits or otherwise restricG, or purports to prohibit or rcstrict, the teporting (in abusg to an investigative or law enforcamert representative of a fuderalwith law) of waste, haud, or or agency authorized to receive such infonnation. furegoing i6 not int€nd€d, and ehall not be und€rstood by the agency making this aurard, to contravene appllcable to Standad Form 31 2 (\rhld relates to 'qtherform issued dassllled lnfurmauon), Form 4414 (u/hl6h relates to compartmented inbrmation), or any by a federal departmentoragency goveming the of classified info rmation. . ln accepting this award, the recipient- represents that it neither requires nor has required intemal confidentiality agreements or stgtements ftom employees contractors thal cunently prohibit or othenrise cunently restsict (or purport to prohibit or res{n'ct) employees or trom reporting waste, fraud, orabuse as described above; and cerufles that, lf ]t leams or ls notlflect that lt ls or has b€en requlring lts employees or contractorc to execute or statements that prdribit or othorwise restrict (or purport !o prohibit or restrict), reporting of waste, fraud, abuse as deseribed above, it will imrnediatdy stlcp any further obligatbns of award funds, will provide prompt written to the federal agency making this award, and will resume (or permit rasumption of) such obligalions only if authorked b do so by that agency. lf the recipient does or is authorized under lhis award to nrake subawards ("subgrants'), procurement contrac-ts, or il represents that- it has determined that no olhor entity that the recipients apdication Proposes may orwill recoive awad funds through a subaward ('subgranf ), procurement contract, or subcontract under a procurement contract) either or has required inbmal confi dential ity agreements or statements from employees or contrac'tonr that otnenfly Page:11 of20 I 5PJA-23-GG-04295-DGCT David Larvrence Mental Health Adult Drug Court DOJ/BJA23-OI 31 CAo Page 2140 of 3380 or otherwise curen{y restic{ (or purport b prohibit or restrid) employees or contrac{ors from reporting waste, or abuse as deocribed above; and it has made appropriate inquiry, or otherwise has an adequate factual basis, b support this representation; and It cerlfies that lf lt leams or ls noUtled that any subr€clplent, conbactor, or subcontractor enUty that rccelves funds thls award ls or has been requlrlng purport to Its employees or contrado.s to ex€cute agreements or statements that or otherwi6e resEict (or prohibit or restrict), reporting of ultaste, ftaud, or abuse as described above, it immedlately stop any furtrer obligatlons of award funds b or by that entity, wll pr€t/ile prompt written notificalion to federal agency maHng thls awad, and wlll resume (or permlt resumptlon of) such obllgaUons only lf expressly b do so by that agency. of various ststutory prwisiona to a new TiUe 34 of he United Statee Code Seplember \ n17, various codified ehervhere ln the U.S. Codewerc editorlally (that b, mored and entiiled "Cdm€ Control and Law Enforcement'The encofil a number of stafubry provisions pertinent to o.JP awards (that is, OJP grants and including many provis'nns previously codified in Tite 42 of the U.S. Code. of Septernbq 1 ,2017 , any refurence in this award document to E stEtubry provision that has been to the new Title 34 of the U.S. Code is to be read as a rrgference to that stahJtory prcvision as redassified Tlte 34. Thls rule of conslrucllon speclflcally lncludes references set out ln award condltons, refurences set out ln Incorporated by oference though award condltlons, and referoncee oet out ln other award r€qulrgments. 1 to the 1 5PJA-23 -GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ,tsJA23-01 to ExecuUve Older 13513,'Federal Leodershlp (Ociober 1, 2009), DOJ encourages reclpients and of on Reduclng Text Messaglng Whlle DrlMng,'74 Fed. Reg. lubreclplents ('subgrantees') b adopt and enforce polldes an breacfi. uirern€nt to disdose whethor r€ciplerd is deoignated 'high risk" by a federal grantmaking agenry outside of DOJ stafu tory provbions previously renumbered) to a new Title 34, to report actual or lmminent breach of persanally identifiable inbrmation (Pll) of policies to ban text messaging while driving rvhile driving any vehicle during the course of performing work funded by lhis pol'rcies and condrrt education, awanenesst, and other outreach b decreasa Page:12of 2O 32 cao of an OJP 1. Page 2141 of 3380 subau/ards ('subgrantsJ must have specific federal authorization reclplent,and any subr€clplonl faubgrantee') at any der, must comply wfth al! appllcable r€qulr€menb for of any subaward. Thls Gondlton applles to agEemenb that - for purposes of fuderal grants a "subaward' (and thereiore does not consider a procuntm€ntrequirements - OJP consilers detalls of the requlrement for at httpsJ/ojp.gov/ have specific fuderal and ar€ incorporaled by rEbI€ncs here. approval rgquired b us€ a noncompetitive apprgaclr in any proorrement conbact lhat would r€cipiEnt, and any subrecipient ('subgrantoe') atany tigr, must comply with all applicable requiremenb to obtain granls administrative requirements - OJP considers a procurem€nt "contract' (and therefore does not consider subarvard). detalls of the requlrement for advance approval to ua6 a noncompetltfue approach ln a prccurement ultrac{ under web site at htlps://crip.govltunding/ExploreNoncompetitiveProcuremenLhtm I approval required to use a noncompetitive approach in a procurement conFact and are incorporated by refierence here. authority pertaining to pmhibited conduct related lo trafficking in persons (including reporting requirements and to lerminate award) the to r€port potentially duplicative funding duplication of funding. potentlal fraud, waste, and abuse, and slmllar mlsconduc-t recipi€nt, and any subrecipiants ('subgrantees') at arry tier, must promptly refsr to tho DOJ Office of the lnspec'tor Page: 13 of 20 1 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI JJ cao OJP details of the related to prohibited conduc{ related to web slte at (includlng reporting requirements and O.lP termimtE award)),aro Page 2142 of 3380 (Olc) any credible evidenc,e has, in connection with funds a criminal or cMl violation that a principal, employee, agent, subrecipient contactor, subcontsactor, or other under this award- (1) submitted a claim thal violales the False Claims Act or (2) of larvs pertalning to fraud, conflic't of lnteres! bribery, gratuity, or simlar fraud, waste, abuse, or misconduc{ online submission accessible via lnvolving or relating to funds under this award should be reported to the the OIG webpage at htt6*://oig justice.gor/hoUiney'contactgrants.htm by currently well as recipient information is available from the DOJ OIG websile at https://oigjustice.goy/hofline. related to System forAward Management and Universal ldentifier Requircments must comply with applicaHe requirementrs regardlng the System fiorAward Management (SAM), https://wvw.sam.gov/. This includes applicable requirements regarding registration with SAM, asal the annancy of informalion In SAM. recipient also must comply with applicable rsstrrctons on subawards ('subgrants') to first-tier subrecipients (first- on subarvards to entities that do not acquire and provide (b the recipient) the rcgistration. details of the recipienfs obligations rdated to SAM and to unique entity identifiers ara posted on the OJP web site (Award condition: System forAward Management (SAM) and Univesal and are inoorporated by raference here, condition does not apply to an award b an lndMdual who eceived the award as a natural person fi.e., unrelated her name).any buslness or non-proflt organtsadon that he or she may own or operate ln hls or on lobbying' as a matter of fuderal law, fcderal funds awarded by OJP rmy not be used by the recipient or any Certain excDptions b this law apply, lndudirg an offederd funds by a reclplent (or or subreclplent) would or mlght may not proceed withort theto contact OJP for guidance, and prior written apprwal of OJP. Authorized Representative during the period of performance und€r the award without first ensuring that the Page:14of2O 1 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-01 34 cao and/or (fax). entity Page 2143 of 3380 has the requhfte legal authorlty. and updating of reciplent contact lnformailon must verlfy lts Grant Award Admlnlstrator, Flnanclal Managar, and Authorlzed Reprssentative contact ln contacf inbrmalion through DIAMD. on hour to update contac't information in JustGranb can b€ found at https:/4ustcsgranb.usdoj.gov/trainlng/ ng-entlty-management Web site that ls funded in whole or ln part underthis award must include the fullowing statement on the home the JustGrants, lncludlng tdephone number and e-mail address. award recipient's Entity Administrator must make changes to lf any lnformatbn b lnconed or has pnmary purpose is b a WeEbesed service. navigate the user to induding any pages pages (exclusive of from which a visitor r documents) whose mey a@ess or use the service: This Web site is funded in whole or in part through a grant from the rcau of Justice Assbtance, Office of Justico Prograrns, U.S. Department of Justice. Neither the U.S. Deparbnern of nor any of its comporE{rtB operato, control, aro responsible fur, or necessarily endorso, this Web sit6 (induding, limitation, its content, technical infrastruc-trrc, and policiss, and any seMcsa or tools provided)." The full text of bregolng statement must be cbarly vlslHe on the horne page. On other pages, the statemenl may be lnduded a link, entifed 'Notica of Federal Funding and Federal DMaimer,'b the full text of the stalement recipient agrees thal no funds under this grant award (induding via subcontract or subaward, at any tier) may be for unmanned aircraft systems (UAS), which inclr.des unmanned aircraft vehiclqs (UAV), or for any accessories to support UAS. subawards made underthis award. Further, the OCFO for providlng the requested documents. may result in sanclions afiecting the recipient's DOJ limited to: withholdirgs and/or other restrictions on the r€cipient's access b grant funds; High Risk grantee;lnspector General for audit review; designation of the redpient as a DOJ termination of an award(s). written, visual, or audio publications funded in whole or in parl under this award, with the exception of press shall contain the follouring statements: 'This project waa support€d by Grant No. <AWARD_NUMBER> by the Bureau of Jusuce Asslstance. The Bureau of Justlce Asslstance Is a component of the Department of ffice of Justice Statistics, the National lnslitute of the Ofrice Offce for Mc-tirns of Qime, and the StlilART Polnts of vlew or oplnlons ln thls documont are the U.S. Department of Justlce." those of the author and do not necessarlly represent the ofllclal or pollcles of The cunent edltlon of the DO.J Grants Flnanclal Gulde provldes on allowable printing and publication ac-tivities. with any assessmenb, national evaluatlon efiorts, or inforrnation or datra collection b, tho provision of any information requirad br the assessment or evalualion of any FFATA repoillng: Subawards and executlve compensatlon Page: 15 of20 Juetice Programs, which also includes he Bureau of of Juvenile Justice and Delinquenry Prevention, the I 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI 35 cqo to but coop€rato not limited withln proJect Page 2144 of 3380 The recipient must comply with applicable raquirarnents lo report first-tier subawards ('subgrants") of $30,000 or mor€ and, in certain circumstances, to report the nam6s and total compensation of the five most highly cornpensaled sxecutives of the recipienl and first-tier subrecipients (first-tier'subgranteesJ of award funds. Tha details of recipienl obligations, which derive from th€ Fedsral Funding Accourtability and Trenspgr€ncy Act of 2006 (FFATA), al€ po€t6d on the OJP web slte at https://olp.gov/fundlng/Explore/FFATAhbn (Award condition: Reportlng Subawards and Executlve C;ompensatlon), and are lncorporated by rcference here. Thls condltlon, lncludlng lts reportlng requlrement, does not apply b- (1) an award of less than $30,000, or (2) an awad made to an lndlvldual who recelved the award as a natural perion (1.e., unrelated to any hrslness or non-proflt organization that he or she rnay own or opsrate in his or her name). 39 Juatification sf coneulhnt mte Approval ofthis award does not indicate approval ofany consultant rate ln excess of $650 per day. A detailed Justification must bo submitted to and approved by the OJP program office prior b obligation or expenditure of suctr funds. 40 The recipient shall oubmit semiannual perbnnance reporE, Perfurmance r€porb shall be submitted within 30 days affer the end of the reporting periods, whicfi are June 30 and December 31 , for the life of the award. These reports will be submltted to the ffice of Justlce Pmgrams, on-llne thrcugh the lntemet at htps'J{usQrants.usdoJ.gov 41 Reclplent understands and agrees that lt must submlt quarterly Federal Flnanclal ReporE (SF425) and seml-annual perbrmance r6port6 through Justcrants (ustgranb.usdoj.gov), and that lt must submlt quartedy performance metrlcs raports through &lA's Performan@ Measurem€nt Tool (PMI) websile (https://bjapmtojp.gov/). For more detailed lnformation on reporflng and other requlrements, refer lo BJAs webslte. Fallure to submlt requlred reports by establlshed deadllnes rnay result ln the freedng of gnant funds and Hlgh Rlsk deslgnatlon. 42 The recipient agrees that it will submit quarterly financial status reports (the SF 425 Federal Financial Report) to OJP in JustGrants, no later than thg desdlin€s set out in the DOJ Financiel Guide and the Justcrants guidance (typically 30 days afler the end of each calendar quarter). Delinquent reporE may lead to funds being ftozen and other remedies. 43 Applkxnts must €nsure that Limit€d English Profici€ncy p€Eons have meaningful access to th€ seMcss under this program(s). National orlgln dlscriminaton lncludes discrimimtion on the basls of llmited Engllsh profrciency (LEP). To ensune compllance wlth Ttte V! and the Safu Streets Act, reclplenb are requlrd to take reasonable steps to ensure that LEP p€cons haw meaningful access to lhoir programs. Meaningful acDe66 rnay entail providing languag€ assistance seruices, induding oral and written trznslation when necessary. The U.S. Department of Justice has issued guldance for grantees to help them comply wlth TlUe Vl requirements. The guldance doorment can be accessed on the I nlemet st wrirl,y, lep. gov. 44 The rcciprient understands ard agrees that no award or matctring funds may be used to prwirJe servic€s br violed offendem as delined in 42 U.S.C. 3797u-2, a ?violent offender? means a pe6on who?(1) is charged with or convic.ted of an ofiense that ls punlshable by a term of lmprlsonment exceedlng one year, durlng the course of whlch offense or conduct? (A) lhe person cari€d, po€-s€ssed, or used a firearm or dangerous weapon; (B) there occr.rrred the death of or serious bodily injury to any person; or (C) there occuned the use of force agairEt the penson of anolher, wilhout regald to whether any of the circumstances descrlbed ln subparagraph (A) or (B) ls an element of the offense or conduct of which or for which the person is charged or convicted; or (2) has 'l or more prior convictions br a folony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodlly harm. Page: 16 of20 1 5PJA-23-GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-01 36 cao Page 2145 of 3380 I B,A-funded adult drug courts must bo operated based on the 10 key components fur drug courtB, which are bund BJA?S and National Associraton of Drug Court Professional?s (NADCP) publication: Definirq Drug Courts: The Key at httpe:/lwww.ncjrs.gov/pdfflea'l$af205621.pdf. During the grant period of performance, if BJA thet e funded drug court is not confurming to the 10 key compononts, it retain6 the right to place the award on a coroctive aclion plan to bring the drug court into conformance. Conflnued failurc to maintain in a hold placed on award funds or euepenaionftermination of the grantto the key cornponents may rceult agreemenl because of their use of FDA"approved msdications br the tr€atsn€nt of substance abuse; 3) MAT must to be continued for as long as the prescriber delermines thal the FDA-approved medication b clinically whlle under no clrcumstarres can a BJA-funded drug coud program deny access to MAT under the care of a physician when it is dinically indicabd, a judge rctainsJudbial these rnedications; and 5) federal funds shal! r discretion b mitigah/reduce the of abuse, misuse, or diversion of not be used to support activities that the Controlled Substances Act 21 U.S.C. 8O1-S04. or use of grant funds for grantees' emplo)rees' salarles respect to this award, federal funds may (salary plus bonusas) to arry salaryof the award recipient at a rate that not be usad to pay cash compensalion o(ceeds 110% of the maximum annual a Certified SES fur 1 5PJA-23 -GG-04295-DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-01 Executive Service (SES) at an agency wilh r€cipient may componsate an employee at r federal governnrcnt's thal year. (An payable b a Perbrmance member of AppraisalSenior award a higher rate, provided the amount in of this componsation limitation is paid with non-federal funds.) llmitation on compensatlon iates allorable under this award may be walved on an lndlvldual basls at the of the OJP offcial indicgted in the progrem announ@ment underwhich this award is rnad€. ifit€grity and perbrman@ matt€rs: R€quircment to r€port inforrnation on certain civil, criminal, and proceedlngs to SAM and FAPIIS recipient must comply with any and all applicable requirernents regarding reporling of infurmatirn on civil, criminal, adminishative proce€dings connected with (or conneded to the perfurmance of) either tfiis OJP award or any 'FAPilS'). within SAM are posted on the OJP web site at https://ojp.govlfunding/FAPllS.htm (Award condition: lntegrity and Perfiormance MatErs, induding Recipient Reporting to FAPIIS), and ar€ incorporated by here. recipient's budget (and budget narralive) is pending clearance by OJP !c budget clearance (and unloss there b a more restrbtive condition on this award, in which case the terms of more resEictive condition apply): The recipient may not drawdown more than 10% of the award. Pr+dearance expendifures, and drawdorvns may be disallowed if not in compliance with program rcquirements. Page: 17 of20 37 cao Page 2146 of 3380 budget clearance. Generally, OJP expects that b advertise for awar*-funded posilions, pay personnel fringe benefits for poaitions budgeted under the award, plan fur projoct activities, attend tralning and pay tainlng- and engage ln other llmlted actlvltles conducted by reclpient staff (1.e,,travel needed to begin the project not r€quiring a eubaward or procurgm€nt contrac* under an award), will issue an Award Conditircn Modificatlon upon budget dearanoe. rcad and un&tgand the inbfination prc*nted in this sedion of the Fedenl Awad lnslrument- and Cortirieation to Oro U.S. Departreht of JuEtico as to Accoptance checking the declaration and certificatiln box below, l- Declare to the U.S. Department of Justice (DOJ), under p€nalty of perjury, that I have authority to make this and certilication on behalf of the applicant. at I have lhe legal authority t'o accept thb aurard on behatf of the applicant. Accept this avvard on behalf of lhe appllcant. Approval of Approving Ofiicial Attorney Generd R6prescntltiYG Declaratlon and Certifl callon Acceptance of Authorlzed Entity Officlal Compliance Manager ame of Authorized Enti$l Official Stanley Date And Tlms Name of Approving Oftichl AmySdomon Signed Date And Time 9lz3l23 8:40 PM Page: 18 of20 1 5PJA-23 -GG. 0429 5 -DGCT David Lawrence Mental Health Adult Drug Court DOJ/BJA23-OI 38 eto Page 2147 of 3380 @ Collicr Count v- Community & Human Servicei Division ETIIE.IT,F INCIDENT REPORT FORM I certifu under penalty of perirrry uurlql E.S. 837.06 that the contents ofthis form are true and correct. Signature of Person Making Report Date David Lawrence Mental Health Center Orsanization Address:6075 Bathey Lane. Naples. FL 341 16 Project No:,2024-01 DLC Opioid Grant Coordinator: Date of Incident Time of Incident: Report Submitted By: CName & Phone) Description of lncident: Location/Address of Incident: Was Police Report Filed?E,Yes tr No If Yes. Police Report Number:Jurisdiction: Were there any warnins signs that this type of Incident could occur?E+ls If Yes. Explain: What actions will be taken to prevent a recurrence of a similar incident? Printed Name Title Return completed form to: Kristi Sonntag, Director, CHS Collier County Community and Humau Services Division 3339 TamiamiTrail East, Bldg. H, Suite 213 Naples, FL 3-ll l2 Fax: (239) 252-2638 CAO Organization Name: Page 2148 of 3380 EXHIBIT G COLLIER COUNTY COMMLINITY & HUMAN SERVICES WHISTLEBLOWER PROTECTIONS CERTIFICATION SUBRECIPIENT Name: David Lawrence Mental Health Center qT TEIP traIPItrNT Arldrccc ?< D-+L-,, T ^-- IU^^l-. ET Project Name: Adult Drug Court Enhancement Proiect No: DOJ/BJ A-23-01 In accordance with 2 C.F.R. \200.217 and 4l U.S.C. 84712. SUBRECIPIENT mav not discharee. demote. or otherwise discriminate aeainst an employee in reprisal for disclosing to anv of the list of persons or entities provided below. information that the employee reasonably believes is evidence of gross mismanagqlrent of a federal contract or grant. a qross waste of federal funds. an abuse of authority relating to a federal contract or srants. a substantial and specific danser to public health or safet),. or a violation of law. rule. or regulation related to a federal contract (including the competition for or negoti4lion of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the followins: A member of Congre$s or a representative of a committee of Conqress: An Inspector General: The Government Accountabilitv Office: A Treasury employee responsible for contract or grant oversight or management: An authorized official of the Department of Justice or other law enforcement agency; A court or grand tury: or A management official or other employee of SUBRECIPIENT. contractor. or subcontractor who has the responsibility to investigate. discover. or address misconduct. SUBRECIPIENT shall inform its employees in writing of whistleblower riehts and remedies provided under Section 2 Q.F.R-j 200.217 and 41 U.S.C. Q4712. in the predominant native a a a a a a a language of the workforce B), signing this document. I certifr that I have read and understand my Whistleblower rights and protections as stated above. Signature: Title: Your tvoed name here reDresents vour electronic sisnature CAOPage 2149 of 3380 Page 2150 of 3380