Backup Documents 12/14/2021 Item #16D20 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 2 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Catherine Sherman Community and Human CS 12/9/2021
Services
2. County Attorney Office—JAB County Attorney Office 1 z(t 4 I Z
3. BCC Office Board of County /C % (J
Commissioners /� i /
4. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION � 11
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event oiidof'ttfe'arressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Catherine Sherman/CHS Phone Number 252-1425
Contact/ Department
Agenda Date Item was 12/14/2021 t/ Agenda Item Number 16.D.20 fr.--
Approved by the BCC
Type of Document BRIDGES SUBRECIPIENT AGREEMENT Number of Original 3
Attached WITH COLLIER COUNTY SHERIFF'S OFFICE Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,_whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signatur TAMP OK ) 0 j A67.
2. Does the document need to be sent to another agency for additional signllrres? If yes, NA
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be CS
signed by the Chairman,with the exception of most letters,must be reviewed and signed c. S�'(?
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's �j N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CS
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during CS N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the CS N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the wx.R-2 an option for
Chairman's signature. this line.
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MEMORANDUM
Date: December 16, 2021
To: Catherine Sherman, Grants Coordinator
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Bridges Subrecipient Agreement w/Collier County Sheriff's
Office
Building Bridges Between Jails and Community-Based
Treatment for Opioid Use Disorder
Enclosed please find two (2) of the original documents referenced above
(Agenda Item #16D20), approved by the Board of County Commissioners on
Tuesday, December 16, 2021.
The Minutes & Records Department has retained an original as part of the
Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Enclosures
16D20
FAIN# 2017-AR-BX-K003
Federal Award Date March 1,2020
Federal Award Agency Bureau of Justice
Assistance and Centers
for Disease Control
CFDA Name Building Bridges
Between Jails and
Community Based
Treatment for Opioids
Grant Program
CFDA/CSFA# 16.838
Total Amount of Federal $56,263.93.
Funds Awarded
Subrecipient Name Collier County Sheriff's
Office
DUNS# 1 8-72 1 7526
FEIN 59-6000561
R&D NA
Indirect Cost Rate NA
Period of Performance 12/1/2021 — 12/31/2022
Fiscal Year End 9/30
Monitor End: 03/2023
AGREEMENT BETWEEN COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
AND
COLLIER COUNTY SHERIFF'S OFFICE
Building Bridges Between Jails and Community-Based Treatment for Opioid Use Disorder
Ugh
THIS AGREEMENT is made and entered into this 11 day of et)Q,t, 2021, by and between Collier
County, a political subdivision of the State of Florida, (COUNTY or Grantee)having its principal address
at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Sheriff's Office (SUBRECIPIENT), a
constitutional office having its principal office at 3319 Tamiami Trail East,Naples,Florida 34112.
WHEREAS,funds have been allocated to the Institute for Intergovernmental Research(IIR)under
Catalog of Federal Domestic Assistance(CFDA)number 16.838(Comprehensive Opioid Abuse Site-Based
Program) by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), in federal Grant
Award Number 2017-AR-BX-K003, Comprehensive Opioid Abuse Program (COAP) Training and
Technical Assistance Program (dated September 30, 2019), for the Building Bridges between Jails and
Community-Based Treatment for Opioid Use Disorder Demonstration Project; and
WHEREAS, on March 24, 2020, the Collier County Board of County Commissioners (Board)
approved the subaward agreement with the Institute for Intergovernmental Research(IIR);and
WHEREAS, on February 16,2021,the IIR approved Amendment 1 with the Board to extend the
agreement for an additional six months to August 31,2021;and
WHEREAS,on July 27,2021,the IIR approved Amendment 2 with the Board to again extend the
agreement for an additional 16 months,to December 31,2022; and
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WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the
implementation of medication-assisted treatment(MAT)in jails and enhancing collaboration between jails
and community-based treatment providers; and
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall,in a satisfactory and proper manner and consistent with any standards required
as a condition of providing assistance from the Department of Justice/Bureau of Justice Assistance
(DOJ/BJA) 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: Building Bridges between Jails and Community Based Treatment for Opioid Use
Disorder
Description of project and outcome: This project is in furtherance of the Building Bridges
Demonstration project, which supported a planning process for selected counties committed to
implementing medication-assisted treatment in jails and enhancing collaboration between jails and
community-based treatment providers.The Bureau of Justice Assistance(BJA)and the Centers for
Disease Control and Prevention(CDC)are providing funding to eligible Building Bridges sites to
support projects that increase the capacity of local communities to collaborate across the areas of
public safety, behavioral health, and public health. This Program will support efforts to develop a
comprehensive continuum of care model to combat opioid use disorder that targets the Collier jail
population and builds bridges between in-custody and community-based treatment and supervision,
including probation, parole, and court-based programs.
This agreement will fund the delivery of discharge planning services to inmates in the Collier
County jail who are receiving or interested in receiving Medication-Assisted Treatment (MAT).
Services will include but are not limited to: coordination with MAT providers, making MAT
referrals, and other supportive re-entry service referrals upon release.
Project Component One: Salary,payroll taxes, and fringe benefits for one(1.0)FTE Discharge
Planner
1.1 GRANT AND SPECIAL CONDITIONS
A. Within thirty(30)calendar days of the execution of this Agreement,SUBRECIPIENT must
deliver to CHS for approval, a detailed implementation schedule for the completion of the
project.
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B. The following resolutions and policies must be submitted to CHS within sixty(60)days of
execution of this Agreement:
• Affirmative Action/Equal Opportunity Policy
® Conflict of Interest Policy
❑ Procurement Policy
• Sexual Harassment Policy
® Section 504/ADA Policy
• Fraud,Waste,and Abuse Policy
• Language Assistance and Planning Policy(LAP)
® Violence Against Women Act(VAWA)Policy
Equal Access for Transgender Persons Policy(LGBTQ Policy)
• Texting and Driving Policy
• Confidentiality&Human Subject Protection Policy
C. SUBRECIPIENT will not undertake any activity or commit any funds prior to receiving
the CHS Notice to Proceed(NTP)letter.Violation of this provision may result in the denial
of any reimbursement of funds under this Agreement.
Annual Subrecipient Training—All SUBRECIPENT staff assigned to the administration
and implementation of the Project established by this Agreement shall attend the CHS-
sponsored Annual Subrecipient Fair Housing training, except those who attended the
training in the previous year. In addition, at least one staff member shall attend all other
CHS-offered Subrecipient training, relevant to the Project, as determined by the Grants
Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special
condition,must be submitted to the Grant Coordinator,in writing,at least 14 days,prior to
the training.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Salary,payroll taxes,and fringe benefits for one(1.0)FTE Discharge $56,263.93
Planner
Total Federal Funds: $56,263.93
No Match funds are associated with this Subrecipient Agreement.
The SUBRECIPIENT will accomplish the following checked project tasks:
• Maintain beneficiary documentation,and provide to the COUNTY as requested
• Provide Bi-monthly Progress Reports
® Provide Quarterly Financial Reports
►1 Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
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Required attendance and participation on Bi-monthly collaborative calls with Grant
Coordinator,BJA Policy Advisors,CDC Staff members, and the IIR Project Manager.
❑ Identify Lead Project Manager
Ensure project sites are Section 504/ADA accessible
B. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within sixty(60)days of
(Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate Withing thirty(30)days of
Agreement execution and
Annually within thirty(30)days
of renewal.
Detailed Implementation Project Schedule N/A
Schedule
Bi-Monthly Progress Report Exhibit C 3`d day following the end of the
bi-monthly reporting periods
Annual Audit Monitoring Exhibit D Annually within 60 days after
Report FY end
Financial and Compliance Audit Audit,Management Letter,and Annually nine(9)months after
Supporting Documentation FY end for Single Audit
BJA/MAT Policies and Policy and Procedure Manual Within 60 days of Agreement
Procedures execution
Collaborative Calls Sign-in Sheet Bi-Monthly,as scheduled by IIR
C. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Salary, payroll taxes,and fringe Exhibit B: Submission of supporting Monthly Submission;
benefits for one(1.0)FTE documents must be provided as backup, Pay requests for the
Discharge Planner as evidenced by timesheet,payroll month shell be
register,check stubs,bank statements, submitted no later
and any other documentation,as than 15 days after the
requested. month end
10%retainage released upon final
monitoring clearance
The COUNTY shall withhold 10 percent from each reimbursement request and upon satisfactory
completion of the SUBRECIPIENT's final program report and completion of the COUNTY closeout
monitoring,the COUNTY shall release the remaining funds held throughout the term of the Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on December 1,2021 and shall end on December 31,2022.
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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. SUBRECIPIENT shall submit the request for extension in
writing to the Grant Coordinator.Extensions must be authorized, in writing,by formal letter to the
SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIFTY-SIX THOUSAND, TWO HUNDRED AND
SIXTY-THREE DOLLARS AND NINETY-THREE CENTS ($56,263.93) for use by the
SUBRECIPIENT during the term of the Agreement(hereinafter,referred to as the"Funds").
Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope.Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
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 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 quarter. If no
work has been performed during that quarter,or if the SUBRECIPIENT is not yet prepared to send
the required backup, a $0 invoice is required. Explanations may be required if two consecutive
quarters of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when
requested as work progresses,but not more frequently than once per quarter. 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 60 days after the end of the Agreement.Work performed during
the term of the program but not invoiced within 60 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, including timely submission of Performance
Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment
suspension of any open pay requests until the required deliverables are received by CHS. Except
where disputed for noncompliance, payment will be made upon receipt of a properly completed
invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
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(Section 1.5-Cost Principles)ofthis Agreement,SUBRECIPIENT 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. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided in 2 CFR 200.318-200.326. Allowable costs incurred by
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.
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 delivery or sending.All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below,unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Catherine Sherman, Grant Coordinator
Collier County Government
Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples,Florida 34112
Email: Catherine.Sherman( colliercountyfl.gov
Telephone: (239)252-1425
SUBRECIPIENT ATTENTION: Marien Ruiz,General Accounting Manager
Collier County Sheriff's Office
3319 Tamiami Trail E. Building J
Naples,Florida 34112
Email: Marien.Ruiz@colliersheriff.org
Telephone: (239)252-0852
Remainder of Page Intentionally Left Blank
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
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.
Subrecipients that expend $750,000 or more in federal awards annually shall engage an
independent, licensed certified public accountant to conduct an annual fiscal audit of their
operations. The audit shall be conducted in compliance with the Uniform Administrative
Requirements,Cost Principles,and Audit Requirements in 2 CFR Part 200.SUBRECIPIENT shall
permit COUNTY and/or its auditors to have access to SUBRECIPIENT's records and financial
statements, as necessary for the COUNTY to comply with its oversight and monitoring
responsibilities under Part 200 Uniform Requirements.SUBRECIPIENT shall submit one(1)copy
of the audit package to COUNTY annually.
SUBRECIPIENT must clear any deficiencies noted in audit reports within 30 days after receipt of
the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute
a violation of this Agreement and may result in the withholding of future payments. The
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits. SUBRECIPIENT agrees to comply with
any additional requirements that may be imposed by the DOJ awarding agency during the period
of performance for this award,if the SUBRECIPIENT is designated as"high-risk"for purposes of
the DOJ high-risk grantee list.
The determination of Federal award amounts expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with BJA requirements to
determine compliance with the requirements of this Agreement,the Building Bridges Program,and
all other applicable laws and regulations.This documentation shall include but is not limited to,the
following:
A. All records required by DOJ/BJA regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY to perform the service.
C. SUBRECIPIENT shall,at any time upon request,make available to the COUNTY or CHS
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed,prepared,assembled,or completed by the SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
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generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These
records shall be maintained to the extent of such detail to properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other costs and
expenses of whatever nature for which reimbursement is claimed under the provisions of
this Agreement.
D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333.However, if any litigation, claim, or audit is started before the expiration date of
the five (5)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 the
closeout of this Agreement, it shall notify the COUNTY in writing, of the address where
the records are to be kept,as outlined in 2 CFR 200.336.The SUBRECIPIENT shall meet
all requirements for retaining public records and transfer,at no cost to COUNTY,all public
records in SUBRECIPIENT's possession upon termination of the Agreement and destroy
any duplicate exempt or confidential public records that are released from public records
disclosure requirements. All records stored electronically must be provided to the
COUNTY in a format that is compatible with the COUNTY'S information technology
systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(&colliercountvfl.2ov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with federal purchasing
requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for the creation and maintenance of eligibility files
on clients served and documentation that all households are eligible under DOJ/BJA
requirements. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how compliance with the eligibility requirement(s)under
which funding has been received was achieved. This includes DOJ/BJA special
considerations and reporting requirements.
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H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records that are released
from public records disclosure requirements are not disclosed except as authorized by 2
CFR 200.336 and 2 CFR 200.337.
I. 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.
2.3 MONITORING
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
COUNTY will conduct an annual financial and programmatic review.
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 COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. 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. 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 the 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 200.331.Substandard performance,as determined by CHS,will constitute
noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a
reasonable 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 necessary
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and provide proper and effective management of all Program and Fiscal activities of
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the Agreement. SUBRECIPIENT's internal control systems and all transactions and other
significant events shall be clearly documented,and the documentation shall be readily available for
monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all records, employees, and
agents for the purpose of 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.
SUBRECIPIENT or any entity that receives a procurement contract or subcontract with any funds
under this award, may not require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict the
reporting(in accordance with law)of fraud,waste,or abuse to an investigative or law enforcement
representative of a Federal department or agency authorized to receive such information.
SUBRECIPIENT certifies that, if it learns or is notified that any subrecipient, contractor, or
subcontractor entity that receives funds under this award is or has been requiring its employees or
contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to
prohibit or restrict)reporting of fraud,waste,or abuse as described above, it will immediately stop
any further obligations of award funds to or by that entity,will provide prompt written notification
to the Federal agency making this award, and will resume (or permit resumption of) such
obligations only if expressly authorized to do so by that agency.
SUBRECIPIENT must comply with, and is subject to, all applicable provisions of 41 USC 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.
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.2013-228,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,who will be required to submit a corrective action plan to CHS
within 15 days following issuance of the report.
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• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT,as needed,to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner,
CHS may require a portion of the awarded grant funds be returned to the
COUNTY.
• CHS may require upwards of 5 percent(5%)of the award amount be returned
to the COUNTY,at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No. 2013-228.
3. If SUBRECIPIENT remains noncompliant,or repeats an issue that was previously
corrected, and has been informed by CHS of their substantial noncompliance by
certified mail, CHS may require a portion of the awarded grant amount or the
amount of the DOJ/BJA investment for acquisition of the properties conveyed,be
returned to the COUNTY.
• CHS may require upwards of 10 percent (10%) of the award amount to be
returned to the COUNTY,at the discretion of the Board.
• SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
4. If after repeated notification SUBRECIPIENT continues to be substantially
noncompliant,CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement.The SUBRECIPIENT will be required to repay all funds disbursed
by CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
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2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports and
the 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 Bi-Monthly progress reports to
the COUNTY on the third day following the end of the preceding month. 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 if the 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.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT acknowledges that this Agreement is being funded by the federal awarding
agency under a Cooperative Agreement to IIR and that it is subject to all applicable federal laws,
rules,regulations,orders,policies,and requirements. SUBRECIPIENT shall procure and maintain
all licenses, authorizations,waivers,permits,qualifications, and certifications required to perform
the work and shall fully comply with and include, in any permitted subawards or subcontracts
hereunder,provisions requiring compliance by its subcontractors(defined herein as any contractor
with whom SUBRECIPIENT further contracts to complete the work) with all applicable local,
state,and federal laws,rules,regulations, orders,policies,and requirements.
The SUBRECIPIENT agrees to comply with all 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 CONFIDENTIALITY
During the period of this Agreement,confidential material may be disclosed between the parties to
permit agreed-upon services to be performed. Such material will be identified at the time it is
provided to the other party.Each party will advise and require all assigned employees,agents,and
consultants to treat such material as confidential and will not disclose such information or work
products to any person,organization,or corporation.At any time during this Agreements,IIR may
require a separate supplemental nondisclosure agreement to be executed detailing any applicable
additional obligations.
3.4 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating, or establishing the relationship of employer/employee between the parties. 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 the SUBRECIPIENT is independent from COUNTY.
3.5 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
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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 will send a written request to IIR for
consideration of amendments to SUBRECIPIENT's project. IIR may require additional
information from the SUBRECIPIENT to make a final determination to approve or deny the
amendment.
Circumstances requiring an amendment include,but are not limited to:
• Change in point of contact/notices information
• Request for no-cost extension
• New project director, designated key staff,authorized representative or signing authority
• Fund shifts between approved budget categories exceeding 10 percent of the total subaward
amount
• Change in the scope of project activities
The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or for other reasons. If such
amendments result in a change in the funding, scope of services, or schedule of activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
3.6 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from DOJ/BJA under a Cooperative Agreement
with the Institute for Intergovernmental Research(IIR)and is subject to all applicable federal laws,
rules, regulations, order, policies, requirements, and any agreement between COUNTY and IIR
governing 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 the COUNTY to a level determined
by the County Manager to be insufficient to adequately administer the project, the financial
resources necessary to continue to pay SUBRECIPIENT all or any portion of the funds will not be
available.In either event,the COUNTY may terminate this Agreement,which shall be effective as
of the date that it is determined by the County Manager or designee, in his/her sole discretion and
judgment,that the funds are no longer available.In the event of such termination,SUBRECIPIENT
agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the
County Commissioners and/or County Administration,personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
SUBRECIPIENT certifies the information it provided to the COUNTY for submission to the
Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting System
(FSRS) is complete and accurate.
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3.7 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)
SUBRECIPIENT certifies that the information provided to the COUNTY for submission to the
FFATA Subaward Reporting System (FSRS), on the form included as Exhibit E is complete and
accurate.
3.8 INDEMNIFICATION
To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys' and paralegals' fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs(including attorney's fees)and judgments which may issue there-
on. 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 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 of termination
of this Agreement.
3.9 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of program sponsorships,research reports,and similar public notices,
whether printed or digitally prepared and released by the SUBRECIPIENT for,on behalf of,and/or
about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF JUSTICE (DOJ)-
BUREAU OF JUSTICE ADMINISTRATION (BJA) 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 public regarding the development team
3.10 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
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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, in compliance with 2 CFR 200,Appendix II(A):
A. SUBRECIPIENT's failure to comply with any of the rules, regulations, or provisions
referred to herein,or such statutes,regulations,executive orders,and DOJ/BJA guidelines,
policies, or directives as may become applicable at any time.
B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement
in a timely and proper manner.
C. SUBRECIPIENT's ineffective or improper use of funds 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, in compliance with 2 CFR 200,Appendix
II(B):
A. Require specific performance of the Agreement, in whole or in part.
B. Require the use of,or change in,professional property management.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all DOJ/BJA funds
received under this Agreement.
D. Apply sanctions if COUNTY determines them 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 the Agreement is terminated by the COUNTY, as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
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In the event that either party (a) becomes insolvent, subject to receiverships, or voluntarily or
involuntarily subject to the jurisdiction of the bankruptcy court; (b) makes any misrepresentation
hereunder or breaches any warranty, covenant, obligation, or term hereof, including without
limitation, the failure to satisfactorily perform the work within the time requirements specified in
this Agreement; or(c)takes or omits to take any action that endangers the timely and satisfactory
performance of the work (hereinafter the "defaulting/breaching party"), then the canceling party
may,in addition to and not in limitation of all other rights and remedies specified in this Agreement
or available at law or in equity,cancel all or part of this Agreement for cause.Cancellation shall be
effective upon written notice to the defaulting/breaching party (or any date specified therein),
provided that such cancellation may be exercised only after notice of default or breach to the
defaulting/breaching party and the subsequent failure of the defaulting/breaching party,within five
(5) business days of such notice, to provide evidence satisfactory to the canceling party that the
declared default or breach has been corrected.
3.11 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), 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, per 24 CFR
570.503(b)(7).
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
funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311.
If SUBRECIPIENT claims and receives payments from COUNTY hereunder, reimbursement for
which is later disallowed by the COUNTY, IIR, or DOJ/BJA,SUBRECIPIENT shall,upon request,
promptly refund the disallowed amount to the COUNTY. The COUNTY may offset the amount
disallowed from any payment due or to become due to SUBRECIPIENT.
3.12 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, 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.
3.13 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
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3.14 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
200.326)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing
thresholds are:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP,etc.)
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT
shall procure, acquire, or use goods, products or materials produced in the United States.
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.
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to COUNTY
and Federal requirements. The SUBRECIPIENT shall enter into contracts with the lowest,
responsible, and qualified bidder. In accordance with 2 CFR 200.322, SUBRECIPIENT shall
procure items that contain the highest percentage of recovered materials practicable,consistent with
maintaining a satisfactory level of completion. Contract administration shall be conducted by the
SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents
related to the Project.
Sole Source Approval: All purchases/contracts under this Agreement should be competitively
awarded unless circumstance precludes competition. When a purchase contract exceeds $250,000
and there has been no competition, SUBRECIPIENT must forward to the COUNTY a sole source
justification for the purchase/contract and obtain approval prior to finalizing the purchase/contract.
Unreasonable restrictions on competition under this award; association with federal government:
This condition applies with respect to any procurement of property or service that is funded (in
whole or in part)by this award,whether by COUNTY or SUBRECIPIENT, and regardless of the
dollar amount of the purchase or acquisition,the method of procurement,or the nature of any legal
instrument used.The provisions of this condition must be included in any subaward(at any tire).
Consistent with the(DOJ)Part 200 Uniform Requirements—including as set out at 2 CFR 200.300
(requiring awards to be"managed and administered in a manner so as to ensure that Federal funding
is expended and associated programs are implements in full accordance with US statutory and
public policy requirements")and 200.319(a)(generally requiring [a] procurement transactions[to]
be conducted in a manner providing full and open competition"and forbidding practices"restrictive
of competition,"such as placing unreasonable requirements on firms in order for them to qualify
to do business" and taking"any arbitrary action in the procurement process")—the COUNTY or
SUBRECIPIENT (at any tier) may not (in any procurement transaction) discriminate against any
person or entity on the basis of such person or entity's status an "associate of the Federal
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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 CFR 200.319(a)or as specifically authorized by
USDOJ.
3.15 PROGRAM GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use of
DOJ/BJA funds disbursed under this Agreement, such Program Income shall be utilized by the
SUBRECIPIENT for eligible activities approved by COUNTY.Any Program Income(as such term
is defined under applicable Federal regulations)gained from any SUBRECIPIENT activity funded
by DOJ/BJA funds shall be reported to the COUNTY through an annual Program Income Re-use
Plan,utilized by SUBRECIPIENT accordingly,and shall comply with 2 CFR 200.307 and 24 CFR
570.503I in the operation of the Program. When Program Income is generated by an activity
that is only partially assisted by DOJBJA funds, the income shall be prorated to reflect the
percentage of DOJ/BJA funds used. If there is a Program Income balance at the end of the
Program Year, such balance shall revert to the COUNTY's DOJ/BJA program for further
reallocation.
3.16 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. SUBRECIPIENT may close out the project with COUNTY after the expiration of the
Agreement.Activities during this closeout period shall include,but are not limited to,making final
payments; disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY); and determining the
custodianship of records. In addition to the records retention outlined in Part 2.2, the
SUBRECIPIENT shall comply with Section 119.021, 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 SUBRECIPIENT is entitled to
under the terms and conditions of this Agreement must be refunded to the COUNTY.
SUBRECIPIENT shall also produce records and information complying with Section 215.97,
Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343.
3.17 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT 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 feasible, lower-income residents of the project areas shall be given
opportunities for training and employment. In addition, to the greatest extent feasible, eligible
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business concerns located in or owned in substantial part by persons residing in the project areas
shall be awarded contracts in connection with the project.
SUBRECIPIENT will not discriminate against any employee, applicant for employment,
subcontractor,or bidder based on perceived or actual age,race,color,national origin,religion,sex,
disability,sexual orientation,gender identity,ancestry, or mental or physical disability and it shall
comply with all applicable federal laws and regulations. If SUBRECIPIENT has received any
adverse finding of discrimination in the three years prior to the date of this Agreement, or if it
receives and adverse finding of discrimination during the term of this Agreement,SUBRECIPIENT
must submit a copy of the findings to the COUNTY for review. COUNTY may be required to
forward any such finding of discrimination to the Office for Civil Rights.
SUBRECIPIENT certifies that it is compliant with the applicable Equal Employment Opportunity
Plan(EEOP)requirements or claims a complete or limited exemption from the EEOP requirements
and has completed the EEOP Certification Form.
3.18 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement.As used in this Agreement,the term "small business"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 that is at least 51 percent 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 women's business enterprises,
in lieu of an independent investigation.
3.19 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry 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 award of funds.
3.20 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, which would conflict in any manner or degree with the
performance of this Agreement. In addition, it shall not employ or subcontract with any person
having any conflict of interest. The SUBRECIPIENT covenants that it will comply with all
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provisions of 24 CFR 570.611 "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 possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed to CHS in writing, 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.
3.21 RELIGIOUS ORGANIZATIONS
DOJ/BJA funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment based on
religion and will not limit employment or give preference in employment to persons based
on religion.
B. It will not discriminate against any person applying for public services based on religion
and will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use DOJ/BJA funds to support any inherently
religious activities,such as worship,religious instruction,or proselytizing.
D. The DOJ/BJA funds shall not be used for the acquisition,construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, funds may
not exceed the cost of those portions of the acquisition, construction, or rehabilitation that
are attributable to eligible activities, in accordance with the cost accounting requirements
applicable to funds in this part.Sanctuaries,chapels,or other rooms that a DOJ/BJA funded
religious congregation uses as its principal place of worship, however, are ineligible for
DOJ/BJA funded improvements.
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3.22 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,neglect,
or exploitation of a child, aged person, or disabled person.
3.23 SEVERABILITY
If any term, covenant, condition, or provision of this Agreement is determined to be invalid or
unenforceable,the remaining terms,covenants,conditions,and provisions hereof shall continue to
be enforceable to the fullest extent provided by law.
3.24 ENTIRETIES
This Agreement, which includes Exhibits A through F, constitutes the entire Agreement between
the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or
obligations other than those contained in this Agreement, and this Agreement supersedes all
previous communications, representations, or agreements, either verbal or written, that may have
been in connection with the subject matter hereof. No modification or amendment of this
Agreement shall be binding unless the same is in writing and signed by the respective parties hereto.
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PART IV
GENERAL PROVISIONS
4.1 Compliance with general appropriations-law restrictions on the use of Federal funds:
SUBRECIPIENT must comply with all applicable restrictions on the use of Federal funds set out
in Federal appropriations statutes. Pertinent restrictions, including from various "general
provisions"in the Consolidated Appropriations Act, 2019, are set out at:
https://www.oip.gov/funding/explore/fyl9appropriationsrestrictions and are incorporated by
reference here.
4.2 Requirements of the award; remedies for non-compliance or for materially false statements: the
conditions of this award are material requirements of the award.Compliance with any certifications
or assurances submitted by or on behalf of the recipient that relate to conduct during the period of
performance also is a material requirement of this award.
Failure to comply with any one or more of these award requirements—whether a condition set out
in full below,a condition incorporated by reference below,or a certification or assurance related to
conduct during the award period — may result in the office of Justice Programs (OJP) taking
appropriate action with respect to the recipient and the award. Among other things, the OJP may
withhold award funds,disallow costs,or suspend or terminate the award.The Department of Justice
(DOJ), including OJP,may also take legal action as appropriate.
Any materially false, fictious, or fraudulent statement to the federal government related to this
award(or concealment or omission of a material fact)may be the subject of criminal prosecution
(including under 18 USC 1001 and/or 1621, and/or 42 USC 3795a)and may lead to imposition of
civil penalties and administrative remedies for false claims or otherwise(including under 31 USC
3729-3730 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.
4.3 Reporting potential fraud,waste,abuse, and similar misconduct: SUBRECIPIENT must promptly
refer to the Office of the Inspector General(OIG)any credible evidence that a principal,employee,
agent,subrecipient,contractor,subcontractor,or other person that has 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 report to the OIG by — (1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/grant-complaint (select "Submit Report Online"); (2) mail directed
to Office of the Inspector General, US Department of Justice, Investigations Division, 1425 New
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York Avenue, N.W., Suite 7100, Washington, DC 20530; and/or (3) by facsimile directed to the
DOJ/OIG Fraud Detection Office(Attn: Grantee Reporting)at(202)616-9881 (fax).
4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.j ustice.gov/crt/fair-housing-act-1
Executive Order 11063 — Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.html
Executive Order 11259—Leadership& Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968,as
amended https://www.hud.gov/programdescription/title6
4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086—which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC §2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
4.8 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.htm1
12086:https:!!www.archives.gov!federal-register!codification/executive-order!12086.html
4.9 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.10 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), Section 504:
https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
4.11 The Americans with Disabilities Act (ADA) of 1990: SUBRECIPIENT shall comply with the
ADA requirements, which guarantee nondiscrimination and equal access for persons with
disabilities in employment, public accommodations, transportation, and SUBRECIPIENT
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programs, activities,and services,including applicable requirements related to website access and
use by the disabled.
4.12 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders as revised by Executive Order
13279.
E.O. 13279:http://www.fedgovcontracts.com/pe02-96.htm
4.13 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination:
SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 42, specifically
including any applicable requirements in Subpart E that relate to an equal employment opportunity
program.
SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 54,which relates
to nondiscrimination on the basis of sex in certain"education programs."
SUBRECIPIENT must comply with all applicable requirements of 28 CFR Part 38 (as may be
applicable from time to time),specifically including any applicable requirements regarding written
notice to program beneficiaries and prospective program beneficiaries.
Currently, 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, currently, also sets out rules and requirements
that pertain to Subrecipients that engage in or conduct explicitly religious activities;as well as rules
and requirements that pertain to Subrecipients that are faith-based or religious organizations.
The text of 28 CFR Part 38 is available via the Electronic Code of Federal Regulations (currently
accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial
Administration, Chapter 1,Part 38, under e-CFR"current"data.
4.14 Public Law 100-430—the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.15 2 CFR 200 et seq—Uniform Administrative Requirements, Cost Principles,and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.16 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or
equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or
grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system,or as critical technology as part of any system.
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4.17 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.18 Prohibition of Gifts to COUNTY Employees—No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No.2004-05, as amended,and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=3 5137
4.19 Order of Precedence:In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.20 Governing Law and Jurisdiction: This Agreement is governed by and shall be construed in
accordance with the substantive laws of the United States and the State of Florida,without regard
to principles of conflicts of law. The parties irrevocably consent to nonexclusive personal
jurisdiction in any court of competent jurisdiction located in Leon County,Florida,with respect to
any action arising out of or pertaining to this Agreement.
4.21 Dispute Resolution:Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court, and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.22 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
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b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkgIUSCODE-2011-tit1e33/pdf/USCODE-2011-title33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
4.23 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.nps.gov/history/local-law/nhpa1966.htm
https://www.achp.gov/sites/default/files/regul ati ons/2017-02/regs-rev04.pdf
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State,or Local historic property list.
https://www.nps.gov/history/local-law/nhpa1966.htm
4.24 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988(41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10-
sec701
4.25 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction.
https://www.archives.gov/federal-register/codification/executive-order/12549.html
4.26 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein,utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.27 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year.Per 2 CFR 200.344,if this Agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
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4.28 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it,its affiliates, suppliers, subcontractors,
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by §287.133 (3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.29 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds,other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.30 Travel Reimbursement: Meals and Lodging: SUBRECIPIENT understands that meal and lodging
expenses must conform to the limits established by the U.S. General Services Administration as
published at https://www.gsa.gov/travel-resources. Authorized travel will be reimbursed in
accordance with IIR's Travel Policy for Non-IIR Employees.
4.31 SUBRECIPIENT understands and acknowledges that no Federal funds shall be used to pay for any
part of air travel that includes business or first-class seating except as authorized by COUNTY prior
to booking such tickets.
4.32 Food and/or Beverages: SUBRECIPIENT understands and acknowledges that for purposes of this
award, food and/or beverage expenses are not allowable expenses for training sessions,meetings,
conferences,or other similar functions.
4.33 Meeting Rooms and Audiovisual: SUBRECIPIENT understands and acknowledges that utilization
of and costs for meeting rooms and audiovisual must comply with the requirements included in the
DOJ Grants Financial Guide.
4.34 Event Advance Approval; Expenses and Reporting: SUBRECIPIENT must 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
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for expenses related to 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
appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Post award
Requirements"in the DOJ Grants Financial Guide). SUBRECIPIENT is responsible for providing
the necessary information to the COUNTY for COUNTY to evaluate the either provide advance
approval or disapproval for all events.In the absence of approval,event costs are not allowable for
reimbursement under this Agreement except for commitments entered into in good faith while prior
approval was being solicited. If prior approval is not received, SUBRECIPIENT is responsible for
taking steps to minimize the costs charged to this Agreement.
SUBRECIPIENT will provide the event information the COUNTY for each event forty-five (45)
days prior to the scheduled event by completing IIR's Event Request/Report form (form to be
provided by IIR). COUNTY will notify SUBRECIPIENT of approval/disapproval no later than
thirty (30) days prior to the scheduled event. SUBRECIPIENT will notify COUNTY if there are
changes to the information provided on the Event Request/Report form.
SUBRECIPIENT will provide actual event and cost information to the COUNTY for each event
within forty-five (45) days of event completion. The actual information will be submitted to the
COUNTY on/with the Event Request/Report form.
4.35 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private
employers are required to verify employment eligibility for all new hires beginning January 1,
2021. Eligibility determination is not required for continuing employees hired prior to January 1,
2021.
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
4.36 Employment Eligibility Verification: SUBRECIPIENT must 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 SUBRECIPIENT properly verifies the employment eligibility of the
individual who is being hired,consistent with the provision of 8 USC 1324a(a)(1)and(2).
SUBRECIPIENT will notify all persons who are or will be involved in activities under this award
of both(1)this award requirement for verification of employment eligibility,and(2)the associated
provisions in 8 USC 1324a(a)(1) and (2)that generally speaking, make it unlawful in the United
States to hire(or recruit for employment)certain aliens.
SUBRECIPIENT will provide training (to the extent necessary)to those persons required by this
condition to be notified of the award requirement for employment eligibility verification and of the
associated provisions of 8 USC 1324a(a)(1)and(2).
SUBRECIPIENT will, as part of recordkeeping for the award (including pursuant to the Part 200
Uniform Requirements), maintain records of all employment eligibility verifications pertinent to
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compliance with this award condition in accordance with Form I-9 record retention requirements,
as well as records of all pertinent notifications and trainings.
4.37 Employment Eligibility Confirmation with E-Verify:For purposes of satisfying the requirement of
this condition regarding verification of employment eligibility, SUBRECIPIENT may choose to
participate in, and use, E-verify (https://www.e-verify.gov/), provided an appropriate person
authorized to act on behalf of SUBRECIPIENT uses E-verify (and follows the proper E-verify
procedures,including in the event of a"Tentative Nonconfirmation"or a"Final Nonconfirmation")
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.
4.38 Florida Statutes 713.20,Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.39 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.40 Florida Statutes, 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
4.41 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www.lep.gov.
4.42 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.43 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress,an officer or employee of Congress,or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its
officers, employees, and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative body.
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None of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures.
4.44 False Claim;Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent,contractor,subgrantee, subcontractor,or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity,or similar misconduct involving subaward agreement funds
4.45 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.46 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.47 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements(including requirements to report allegations)pertaining to prohibited conduct related
to the trafficking of persons,whether on the part of the SUBRECIPIENT and any employees of the
SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct
related to the trafficking of persons are posted at
https://oi p.gov/funding/Explore/Prohi b itedC onduct-Trafficki ng.htm
4.48 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds,either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of OJP.
4.49 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental,or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r
=PART&tv=HTML
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4.50 Training and Other Materials: SUBRECIPIENT agrees to submit to the COUNTY for submission
to IIR for review and approval of all materials and efforts funded in whole or in part by this
subaward, including curricula, training materials, proposed publications, reports, or other related
written materials, including Web-based materials and website content, at least forty-five (45)
working days prior to the targeted dissemination date.
4.51 Statements on Work Products: Any work products prepared by SUBRECIPIENT, including
multimedia products and websites, shall include statements provided by COUNTY related to
project funding; copyright notices, permission requirements, or dissemination restrictions; and
notice that the product does not necessarily reflect the views of the funding agency.
4.52 Equal Treatment of Faith-Based Organizations: By regulation, DOJ prohibits all recipient
organizations from using financial assistance from DOJ to fund explicitly religious activities.
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://www.oj p.gov/program/civi l-rights/partnerships-faith-based-and-other-neighborhood-
organizations. Discrimination based on religion in employment is generally prohibited by federal
law,but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some
faith-based organizations to receive DOJ funds while considering religion when hiring staff.
Questions in this regard should be directed to the Office for Civil Rights.
4.53 Prohibited Use of Funds Under 18 U.S.C. § 1913:SUBRECIPENT will not use any funds awarded
by the Federal government(including through this subaward)to support or oppose the enactment,
repeal modification,or adoption of any law,regulation,or policy at any level of government.
4.54 Personally Identifiable Information: In order for COUNTY to comply with its obligations related
to actual or imminent breaches of information, SUBRECIPIENT agrees to immediately report any
suspected, actual, or imminent breach of personally identifiable information related to its
performance under this Agreement to COUNTY and conform with other procedures as required by
the "IIR Breach of Personally Identifiable Information Procedures"provided to SUBRECIPIENT
as Exhibit F and incorporated by reference here or as may also be required by SUBRECIPIENT's
State law.
4.55 Right,Title,and Interest:SUBRECIPIENT shall retain SUBRECIPIENT's copyright in all original
works of authorship fixed in any tangible medium of expression that are prepared, developed, or
written by SUBRECIPIENT as part of the work hereunder. SUBRECIPIENT hereby grants to the
Federal awarding agency through the COUNTY and to COUNTY's successors, assigns, and
licensees (i) permission to record, by any means, all speeches and presentation made by
SUBRECIPIENT or others on behalf of SUBRECIPIENT as part of the work hereunder and(ii)a
nonexclusive,irrevocable,worldwide license to distribute,reproduce,use,display,exhibit,exploit,
publish,prepare derivative works,sublicense,sell, and otherwise dispose of the work and all data,
reports, research, content, programs, information, speeches, and presentations (together with all
handouts, outlines, and ancillary materials), articles, papers, documents, products, recordings
(including, without limitation, recordings made by COUNTY pursuant to this section), materials
(including,but not limited to,written or electronically stored materials or ideas),and other original
works of authorship fixed in a tangible medium of expression that are prepared, developed,made,
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generated,created,written,conceived, originated,furnished,performed,presented,or modified by
SUBRECIPIENT or other on behalf of SUBRECIPIENT as part of or in connection with the work
to be performed or furnished under this Agreement (collectively referred to as "developments"),
anywhere throughout the world,in any medium that exists or may hereafter be developed, free of
any royalty or license fee whatsoever.
SUBRECIPIENT acknowledges that this Agreement is funded by Federal funds and that the federal
awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce,
publish, or otherwise use and authorize others to use(in whole or in part, including in connection
with derivative works) for Federal purposes(i) any work subject to copyright developed under an
award or subaward and (ii) any rights of copyright to which a recipient or subrecipient purchases
ownership with Federal support. SUBRECIPIENT acknowledges that, unless waived by the
Federal awarding agency,the Federal government has the right to(i)obtain,reproduce,publish,or
otherwise use the data first produced under an award or subaward and (ii) authorize others to
receive, reproduce, publish, or otherwise use such data for Federal purposes. Nothing contained
herein shall be construed to abridge, modify, or limit the rights of the Federal government in any
resulting invention in accordance with 37 CFR Part 401, Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative
Agreements,and any implementing regulations issued by the Federal awarding agency.
"Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14
(Rights in Data—General).
It is the responsibility of the SUBRECIPIENT(and of each subcontractor, if applicable)to ensure
that this condition be included in any subaward under this award. SUBRECIPIENT has the
responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and
data necessary to fulfill SUBRECIPIENT's obligations to the government under this award. If a
proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the
government such rights, SUBRECIPIENT shall promptly bring such refusal to the attention of the
COUNTY and not proceed with the agreement in question without further authorization from the
COUNTY.
The parties agree that any breach of either parry's obligations related to right,title,and interest may
result in irreparable and continuing injury and damage to the affected party for which there will be
no adequate remedy at law,entitling the affected party to injunctive relief and a decree for specific
performance,together with such other relief as may be proper(including monetary damages).
4.56 Patent Rights Clause: With respect to any subject invention in which SUBRECIPIENT or a
subaward recipient or subcontractor retains title,the Federal government shall have a nonexclusive,
nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the
United States the subject invention throughout the world.
SUBRECIPIENT will include this Patent Rights Clause, suitably modified to identify the parties,
in all subawards and subcontracts,regardless of tier, for experimental, developmental, or research
work.The subaward recipient or subcontractor will retain all rights provided for the award recipient
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in this clause, and the award recipient will not, as part of the consideration for awarding the
subaward or subcontract, obtain rights in the subaward recipient's or subcontractor's subject
inventions. Communication on matters relating to this Patent Rights Clause should be directed to
the COUNTY,which will review and forward them to the General Counsel, OJP,DOJ.
4.57 Use of Name: Neither party shall use the other parry's name, trademarks, or other logos in any
publicity, advertising, or news release without the prior written approval of an authorized
representative of that party.The parties agree that each party may use factual information regarding
the existence and purpose of the relationship that is the subject of this subaward for legitimate
business purposes, to satisfy any reporting and funding obligations, or as required by applicable
law or regulation without written permission from the other party. In any such statement, the
relationship of the parties shall be accurately and appropriately described.
4.58 Compliance with DOJ Grants Financial Guide: The SUBRECIPIENT agrees to comply with the
DOJ Grants Financial Guide as posted on the OJP website (currently, the 2015 DOJ Grants
Financial Guide available at https:/oip•gov/financialguide/DOJ/index.htm), including any updated
version that may be posted during the period of performance.
4.59 Requirement to report potentially duplicative funding: if SUBRECIPIENT currently has other
active awards of federal funds, or if SUBRECIPIENT receives any award of federal funds during
the period of performance for this award,the SUBRECIPIENT must promptly determine whether
funds from any of those other federal awards have been, are being, or are to be used(in whole or
in par) for one or more of the identical cost items for which funds are provided under this award.
If so, SUBRECIPIENT must promptly notify the COUNTY in writing of the potential duplication,
and, if requested by the COUNTY, must seek a budget-modification or change-of-project-scope
grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding.
4.60 Requirements related to System for Award Management and Universal Identifier Requirements:
SUBRECIPIENT must comply with applicable requirements regarding the System for Award
Management (SAM), currently accessible at https://sam.gov/content/home. This includes
applicable requirements regarding registration with SAM, as well as maintaining the currency of
information in SAM.
SUBRECIPIENT must also comply with applicable restrictions on subawards (subgrants) to first
tier subrecipients(first tier subgrantees),including restrictions on subawards to entities that do not
acquire and provide to the COUNTY the unique entity identifier required for SAM registration.
The details of SUBRECIPIENT's obligations related to SAM and to unique entity identifies are
posted on the OJP web site at https://www.ojp.gov/funding/explore/sam (Award condition: System
for Award Management (SAM) and Universal Identifier Requirements) and are incorporated by
reference here.
This condition does not apply to an award to an individual who received the award as a natural
person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate
in his or her name).
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4.61 All subawards (subgrants) must have specific Federal authorization: SUBRECIPIENT and any
subgrantees at any tier, must comply with all applicable requirements for authorization of any
subaward.This condition applies to agreements that—for purposes of Federal grants administrative
requirements — OW considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirements for authorization of any subaward are posted on the OJP web site
at https://www.ojp.gov/funding/explore/subawardauthorization (Award condition: All subawards
(subgrants)must have specific Federal authorization)and are incorporated by reference here.
4.62 Captions:Captions used in this Agreement are provided for convenience of reference only and shall
not be used to construe meaning or intent.
4.63 Waivers and Remedies: A waiver of any covenant, term, or condition of this Agreement shall be
valid only if in writing,duly executed by the party to be bound thereby.No waiver of any covenant,
term,or condition of this Agreement shall be construed to be a waiver of any other covenant,term,
or condition,nor shall it be construed to constitute a waiver of any subsequent or continuing breach
of the same covenant, term, or condition. All remedies afforded in this Agreement shall be taken
and construed as cumulative,that is,in addition to every other remedy provided in this Agreement
or by law in equity.
4.64 Binding Effect:This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, personal representatives, successors,and assigns.
4.65 Survival: Anything contained herein to the contrary notwithstanding, the rights, obligations,
representations, warranties, covenants, terms, and provisions shall remain in effect and shall
survive the termination, expiration, or cancellation of this Agreement, whether by expiration of
time,operation of law,or otherwise.
(Signature Page to Follow)
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IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: BOARD F NTY COMMISSIONERS OF
RYSTAL K •ZEL, CLERK .` COLLI TY,FLORI
to uty Cl: By:
E TA R, CHAIR SON
Atiesf as fo i an'
si natur otik
Date: 1 1 4 la
4 r''
Dated 1� n _�
: [� COLLIER COUNTY SHERIFF'S OFFICE
(SEAL) ,
By:
KEVIN 'AM;•SK, SHERIFF
Date: 1 B-.2,
Approved as to form a d gality:
Jennifer A. Belpedio �>
Assistant County Attorney q ``O�
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PART V
EXHIBITS
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 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two(2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than
100 percent of the insurable value of the building(s)or structure(s).The policy shall be in the name
of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under
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the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
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 100 percent 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.
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EXHIBIT B
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier County Sheriff's Office
SUBRECIPIENT Address: 3319 Tamiami Trail E,Naples,FL 34112
Project Name: Building Bridges between Jails and Community Based Treatment for Opioid Use
Disorder Project
Project No:BRIDGES21 _ Payment Request#
Total Payment Minus Retainage
Period of Availability: 12/1/2021 _through 12/31/2022
Period for which the Agency has incurred the indebtedness 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 of Retainage,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 of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$15,000 and Division Director(Approval Required
above) $15,000 and above)
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EXHIBIT C
Bureau of Justice Assistance
Bridges Implementation Bi-monthly Report
(See Attached)
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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 the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient 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 amounts of Federal awards 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 Collier County Sheriff's Office
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
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 OMB 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
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
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EXHIBIT E
Federal Funding Accountability and Transparency Act (FFATA) Reporting
Subgrantees must provide data to comply with the Federal Funding Accountability and
Transparency Act. The FFATA Act requires that information on federal awards and executive
compensation be made available to the public through a single searchable website,
www.USASpending.gov.
Applicability and What to Report
A. If, in the previous fiscal year, the subgrantee's gross income from all sources was under
$300,000, it is exempt from the requirements to report:
1. Subawards, and
2. The total compensation of the five most highly compensated executives of the subgrantee.
B. If the subgrantee is not exempt as provided in paragraph A., the subgrantee shall report the
names and total compensation of each of its five most highly compensated executives, if-
1. In the subgrantee's preceding fiscal year,the subgrantee received:
a) 80 percent or more of its annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards); and
b) $25,000,000 or more in annual gross revenues from Federal procurement contracts(and
subcontracts), and Federal financial assistance subject to the Transparency Act (and
subgrantees); and
2. The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986.
(To determine if the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at
www.sec.gov/answers/execomp.htm.)
Definitions
Total compensation means the cash and noncash dollar value earned by the executive during the
subgrantee's preceding fiscal year and includes the following (for more information see 17 CFR
229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
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accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group
life,health,hospitalization,or medical reimbursement plans that do not discriminate in
favor of executives and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and
actuarial pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g.,
severance, termination payments, value of life insurance paid on behalf of the
employee, prerequisites, or property) for the executive exceeds $10,000.
Executive means officers, managing partners, or any other employees in management positions.
Data Universal Numbering System (DUNS) number means the nine-digit number established
and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS
number may be obtained from D&B by telephone (866.705.5711) or the Internet
(http://fedgov.dnb.com/webform).
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Federal Funding Accountability and Transparency Act(FFATA)Reporting
Name of Organization:
DUNS Number:
Check one of the following:
E The organization does not meet the applicability requirements to report the total
compensation of the top five subgrantee executives and will not report total compensation
for the preceding completed fiscal year.
E The organization meets the applicability requirements to report the total compensation of
top five subgrantee executives for the preceding completed fiscal year.
Name Total Compensation
1.
2.
3.
4.
5.
i
Signature (Official who can verify status of information provided)
Print Name and Title
Date
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EXHIBIT F
Institute for Intergovernmental Research (IIR)
Breach of Personally Identifiable Information Procedures
(September 2018)
These procedures apply to any actual, imminent, or attempted but unsuccessful breach of personally
identifiable information (PII) created, collected, used, processed, stored, maintained, disseminated, or
disclosed by the Institute for Intergovernmental Research(IIR)by IIR employees and those performing
efforts on behalf of IIR.
Definitions
• Personally identifiable information encompasses "personal information," as may be defined by
state law, as well as any other information that can be used to distinguish or trace an individual's
identity,either alone or when combined with other information that is linked or linkable to a specific
individual.
• Breach means the loss of control over,the unauthorized disclosure or acquisition of, or any similar
occurrence affecting IIR PII where:
(1) An unauthorized user accesses or potentially accesses PII;or
(2) An authorized user accesses or potentially accesses PII for an other-than-
authorized purpose.
"Breach"includes attempted but unsuccessful attempts,events such as the loss or theft of
physical documents containing PII, the loss or theft of portable electronic devices storing
PII, the inadvertent disclosure of PII on a public website, or oral disclosure of PII to a
person not authorized to receive that information. A reported or known incident may,upon
investigation,later be determined to have involved a breach of PII. 1
• Incident is an occurrence that(1)actually or imminently jeopardizes, without lawful authority,the
integrity,confidentiality,or availability of information or an information system; or(2)constitutes a
violation or imminent threat of violation of law,security policies,security procedures,or acceptable
4
use policies.
1 See 2 Code of Federal Regulations(CFR)§200.79.PII,for breach purposes,may include information about an individual that is available in
public sources.The term"PII"is necessarily broad.To determine whether breached information is PII,IIR must perform on a case-by-case
basis an assessment of the specific risk that an individual can be identified using the information with other information that is linked or linkable
to the individual and applicable federal and state law. PII,for breach purposes,might not include information that is encrypted,secured,
anonymized,or modified by any other method or technology that removes elements that personally identify an individual or that otherwise
renders the information unusable. See, for example, Office of Management and Budget (OMB) M-17-12 at
https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2017/m-17-12 O.pdf.
2 OMB M-17-12.
3 Good-faith access of personal information by an employee or agent of IIR may not constitute a breach,provided that the information is not
used for a purpose unrelated to the business or subject to further unauthorized use.State statutory definitions of"breach"must also be reviewed
in states where IIR employees or those performing efforts on behalf of IIR deal with PII(e.g.,Section 501.171,Florida Statutes,and Tennessee
Code§47-18-2107).
4 OMB M-17-12.
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IIR Breach Standards
IIR shall take reasonable measures to protect and secure data in electronic or any other form
containing PH and shall promptly respond to any suspected or actual breach of PII.
In handling PII, IIR is responsible for providing information security protections against the harm
resulting from the unauthorized access,use,disclosure,disruption,modification, or direction of:
(1) Information collected or maintained by IIR or on behalf of entities for which IIR is
performing services or efforts.
(2) Information systems used or operated by IIR on behalf of entities for which IIR is
performing services or efforts.
Any third party acting on behalf of TIR who handles, maintains, or accesses systems for IIR that
contain PII shall follow these IIR standards and procedures.
Any reported suspected or actual breach of PII involving IIR operations or the operations of those
acting on behalf of TIR must be promptly addressed. IIR will conform with all required breach
notifications or other obligations related to IIR breaches of PII,as defined by applicable federal and state
5
laws.
All IIR employees and any other individuals handling, maintaining, or accessing PII on behalf of
IIR at any location shall immediately report a suspected or confirmed breach in any form to the
IIR Chief Information Officer(CIO). Do not wait for confirmation that a breach has in fact occurred
before reporting a suspected breach to the CIO. Undue delay may undermine IIR's ability to apply
preventative and remedial measures to protect the PI1 or reduce the risk of harm to potentially affected
individuals.
Any misplaced, lost, or potentially stolen device containing PII should be reported to the CIO
immediately,even if there is a belief that the device may later be located.6 If the CIO is unavailable,
notify an IIR manager. That manager must then promptly ensure that appropriate IIR IT security
personnel are immediately notified.
The CIO will notify the IIR Chief Executive Officer(CEO) of the actual or suspected breach and take
appropriate steps to respond to any actual or suspected breach, including ensuring that required
notifications are timely made. The CIO may enlist the assistance of others within IIR to help implement
a prompt and effective response to a breach and to ensure that applicable federal and state law
requirements are met.The response of IIR shall take into account the nature of the breach,the context in
5 Section 501.171,Florida Statutes,applies to IIR's Florida activities,since IIR is a Florida corporation.Tennessee Code§47-18-2107 applies
to IIR's Tennessee-sited activities.Statutes of other states in which IIR employees or agents handle PII may also apply on a case-by-case basis.
6 Such devices include,but are not limited to,laptops,tablets,and cell phones.
7 Notices may be required by federal or state law,grant special conditions,or government rules or regulations.
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which the PII has ben breached,and the actual or probable risk of harm to individuals potentially
affected by a breach.
Failure by IIR employees to conform with these requirements may result in discipline.Failure by
entities under contract with IIR to conform with applicable requirements may result in termination of
their contractual status.
Compliance With Federal Grant Breach Notification Requirements
When IIR 9
as a grant recipient,uses or operates a federal information system or creates,collects,uses,
processes,stores,maintains,disseminates,discloses,or disposes of PII within the scope of a federal
award,IIR shall ensure that its procedures to respond to a breach are followed and that IIR conforms
with any terms and conditions imposed by its client(s)in the event of a breach.
As required by federal grant conditions, IIR must report an actual or imminent breach of PII to an OJP
(award)Program Manager no later than 24 hours after an occurrence of an actual breach or the
detection of an imminent breach.
Compliance With State Notice Requirements
IIR and entities acting on behalf of IIR shall ensure that they comply with all notification obligations
required by state law applicable to the site in which IIR activities involving PII are occurring.
After-Action Report
The IIR CIO shall conduct an internal analysis of any attempted or actual breach of PII collected or
maintained by IIR to determine whether additional security standards or other procedures are needed
and whether all required actions,notifications,and responses have occurred in a timely fashion.The
CIO should forward a formal written after-action report to the IIR CEO, including any suggested
revisions to current procedures or needed additional security standards.
8 For example,a generic list of law enforcement personnel and their associated office phone numbers may not be of concern.However,a list
of law enforcement personnel engaged in undercover investigations,a list revealing family members or residential addresses,and PII revealing
personal medical information are of concern.
9 See OMB Circular A-130.
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Bureau of Justice Assistance's
Comprehensive Opioid, Stimulant, and Substance Abuse Program
Building Bridges Between Jails and Community-
Based Treatment for Opioid Use Disorder
Bridges Implementation Bimonthly Report Rom
Grantee Name/Award Number: Collier County, FL (2019-BRIDGES-016)
Name of Person Completing This Form:
Email Address:
Reporting Period:
Please describe any accomplishments or success stories related to your Bridges activity during the reporting period.
Please describe any challenges related to your Bridges activity during the reporting period.
Please describe any changes to the work plan or proposed activities since the last report.
Please describe the key topics your team would like to discuss on the next bimonthly call.
Comprehensive
Stimulant,
and Substance,'+b;;se
Progra,n 0
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The following section seeks to understand the outcomes you are seeing as a result of this project.Where applicable, please
describe your outcomes in as quantifiable a manner as possible(using data) for each of the categories below.
1. Implementing effective community-level opioid overdose prevention activities
N/A
Please describe your community-level opioid overdose prevention activities this reporting period.
Please identify the specific goals of these activities.
Identify your partners in this effort.
What data are you using/tracking in this effort?
Please describe any outcomes during the reporting period(e.g., number of training/outreach programs).
2. Implementing effective linkage to care programs upon release from incarceration
N/A
Please describe your activities related to implementing effective linkages to care upon release from incarceration this
reporting period.
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Please identify the specific goals of these activities.
Identify your partners in this effort.
What data are you using/tracking in this effort?
Please describe any outcomes during the reporting period (e.g., number of individuals connected to a community service
provider upon release from incarceration and how many of these individuals received services from that provider).
3. Enhancing public health, behavioral health, and public safety collaborations, with a focus on
scaling up promising interventions
N/A
Please describe your collaborative activities this reporting period.
Please identify the specific goals of these activities.
Please describe any efforts to scale up promising interventions this reporting period.
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What data are you using/tracking in this effort?
Please describe any outcomes during the reporting period (e.g., number of individuals referred to an outreach team and how
many of these individuals received services, number of individuals referred to reentry programming and how many of these
individuals received services in the community).
Please upload any documents or reports relevant to your program in addition to submitting this report.
Request training and technical assistance at
https://www.cossapresources.org/Program/TTA/Request.
Visit the COSSAP Resource Center at www.cossapresources.org.
About BJA
BJA provides leadership and services in grant administration and criminal justice policy development to support local, state,
and tribal law enforcement in achieving safer communities. To learn more about BJA, visit www;bja..gov and follow us on
Facebook(www.facebook.com/DOJBJA)and Twitter(@DOJBJA). BJA is part of the U.S. Department of Justice's Office of
Justice Programs.
This project is supported by Grant No.2017-AR-BX-K003 awarded by the Bureau of Justice Assistance(BJA).BJA is a component of the Office of
Justice Programs,U.S.Department of Justice.The contents of this document were developed by IIR and do not represent the official position or
policies of the U.S.Department of Justice.
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