Title 84 · Chapter 84 - OPIOID SETTLEMENT PROCEEDS GRANTS
Chapter 84 - OPIOID SETTLEMENT PROCEEDS GRANTS
Section: 84
Sec. 82.108. - Cooperation of other City agencies. Chapter 85 - JACKSONVILLE JOURNEY FORWARD Chapter 84 - OPIOID SETTLEMENT PROCEEDS GRANTS[1]
Footnotes: --- (1) ---
Editor's note— Ord. 2023-350-E, § 2, amended the Code by repealing former Ch. 84, §§ 84.101, 84.102, 84.201—84.204, 84.301, 84.302, 84.401—84.410, and 84.501, and adding a new Ch. 84. Former Ch. 84 pertained to opioid abuse mitigation, and derived from Ord. 2019-56-E, § 2.
PART 1. - GENERAL PROVISIONS
Sec. 84.101. - Purpose.
The City of Jacksonville, as well as the entire State of Florida, has experienced the devastating effects of the opioid epidemic which arose as a result of the manufacture, distribution, and over-prescribing of opioid analgesics and resulted in opioid overdoses, addictions, and in many cases, death. In response to this epidemic, and to hold manufacturers and distributors of prescription opioids accountable for their respective contributions to the opioid crisis, the State of Florida filed an action in Pasco County, Florida, and a number of Florida cities and counties, including the City of Jacksonville, also filed an action In re: National Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid Litigation") seeking damages resulting from the opioid epidemic. As a result of the Opioid Litigation, the defendants to said actions agreed to payment of certain proceeds in settlement of the various claims (the "Opioid Settlement Proceeds"), much of which will be distributed over multiple years as part of a global settlement. The City of Jacksonville has entered into the Florida Memorandum of Understanding with the State of Florida (the "MOU") as authorized by Ordinance 2021-659-E, which sets forth the framework of a unified plan for the proposed allocation and use of the Opioid Settlement Proceeds. As part of the settlement, the City of Jacksonville will receive an estimated $80,000,000 over the course of approximately 18 years.
(Ord. 2023-350-E, § 2)
PART 2. - OPIOID AND SUBSTANCE USE DISORDER GRANTS COMMITTEE
Sec. 84.201. - Establishment.
To ensure the Opioid Settlement Proceeds are utilized in a way that maximizes the impact of these dollars in addressing the devastating effects of the opioid epidemic, there is hereby established the Opioid and Substance Use Disorder Grants Committee to act as an advisory body for the City of Jacksonville and to review, evaluate, and score grant applications to fund projects and programs aimed at combatting the opioid crisis ("Opioid Settlement Proceeds Grants").
(Ord. 2023-350-E, § 2)
Sec. 84.202. - Composition; City Council Liaison; Terms; Removal.
(a)
Composition. The Opioid and Substance Use Disorder Grants Committee (the "OSUD Grants Committee") shall consist of seven voting members, three of whom shall be appointed by the Mayor and confirmed by Council and three of whom shall be appointed by the Council President and confirmed by Council. The seventh voting member shall be the Health Administrator or Medical Director of the Florida Department of Health, Duval County, who shall be a continuous, standing member. The Mayor and Council President shall each appoint one member from each of the following categories:
(1)
Mental Health Professional;
(2)
Peer Specialist;
(3)
Healthcare Professional.
Members of the OSUD Grants Committee shall be chosen to provide knowledge of needed services, shall demonstrate an interest in the impact of opioid-related programs in the community, and a willingness to participate fully in the process.
(b)
Liaison. The City Council President shall annually designate a City Council Member to serve as a liaison to the Opioid and Substance Use Disorder Grants Committee. This is a non-voting position and shall not be considered a member of the OSUD Grants Committee for Sunshine purposes.
(c)
Terms. Members shall be appointed for staggered three-year terms commencing July 1 or upon confirmation by Council, whichever is earlier, but shall serve until their successor is appointed and confirmed by the City Council. Of the initial appointments, three members shall serve for two-year first full terms and three members shall serve for three-year first full terms. The Council President's initial appointments shall include two members to serve an initial three-year first full term and one member to serve an initial two-year first full term. The Mayor's initial appointments shall include two members to serve an initial two-year first full term and one member to serve an initial three-year first full term. No member shall serve more than two consecutive full terms; but appointments to fill vacancies for partial terms (less than 50 percent of a full term) and initial appointments under the preceding sentence for less than three years, shall not be deemed to be full terms and may be reappointed for up to two additional consecutive full terms.
(d)
Removal. OSUD Grants Committee members appointed by the Mayor shall serve and be removed at the pleasure of the Mayor. Members appointed by the City Council shall serve and be removed at the pleasure of the Council President.
(Ord. 2023-350-E, § 2; Ord. 2024-844-E, § 3)
Sec. 84.203. - Functions, powers and duties.
In addition to such powers, duties and authority as may be set forth elsewhere in the Ordinance Code, the OSUD Grants Committee is hereby authorized to:
(a)
Review and assess the annual needs of the City for programs and services related to the opioid epidemic not otherwise funded by City funds, based on presentations, studies, and reports submitted to the OSUD Grants Committee;
(b)
Recommend assigned percentage of funding for each Opioid Settlement Proceeds funded category;
(c)
Recommend the process by which recipients of Opioid Settlement Proceeds Grants are selected each year, which process shall be by request for proposal pursuant to Chapter 126, Ordinance Code, or through the grant application procedures outlined in this Chapter;
(d)
Review, evaluate and score each Opioid Settlement Proceeds Grant application;
(e)
Participate in on-site evaluations of recipient programs;
(f)
Attend orientation meetings, training courses, and any other meetings related to this Chapter, ethics, public records and open meetings laws for OSUD Grants Committee members; and
(g)
Award and allocate the annual Opioid Settlement Proceeds appropriation for Opioid Settlement Proceeds Grants contained in the annual budget ordinance to requesting agencies based on the review, evaluation and scoring of each requesting agency pursuant to this Chapter.
(Ord. 2023-350-E, § 2)
Sec. 84.204. - Organization and proceedings.
(a)
Officers. The OSUD Grants Committee shall select the officers required by Chapter 50 of the Code, and any such other officers as the committee deems appropriate.
(b)
Rules of procedure. The OSUD Grants Committee shall establish rules of procedure necessary to its governing and the conduct of its affairs, consistent with the applicable provisions of the Ordinance Code.
(c)
Voting; quorum. All decisions and recommendations of the OSUD Grants Committee shall require a concurring vote of a majority of the members present. Four members shall constitute a quorum.
(d)
Administrative support. The OSUD Grants Committee shall receive staff support from the Jacksonville Fire and Rescue Department.
(e)
Meetings. The OSUD Grants Committee meetings shall be open to the public in accordance with Florida's open meetings law.
(f)
Notice. The OSUD Grants Committee meetings shall be noticed in accordance with Florida's open meetings law.
(g)
Compensation. Members shall serve without compensation, pension or retirement benefits; however, members may be compensated for travel expenses as provided in Chapter 106, Part 7, Ordinance Code.
(h)
Compliance. The OSUD Grants Committee shall be subject to the provisions of Chapter 112, Part III, Florida Statutes, and Chapters 50, 58 and 602, Ordinance Code, except as may be set forth in this Chapter.
(Ord. 2023-350-E, § 2; Ord. 2023-723-E, § 2)
PART 3. - OPIOID SETTLEMENT PROCEEDS GRANT AWARDS PROCEDURES[2]
Footnotes: --- (2) ---
Editor's note— The title of Part 3 was amended by Ord. 2023-723-E, § 3.
Sec. 84.301. - Opioid Settlement Proceeds Allocation for Opioid Settlement Proceeds Grants.
The City of Jacksonville shall make an initial appropriation to the OSUD Grants Committee in an amount equal to 40 percent of total Opioid Settlement Proceeds deposited in the Opioid Settlement Special Revenue Fund created by Section 111.265, Ordinance Code, as of July 1, 2023. Thereafter, on or before April 1 of each year, the Finance and Administration Department shall calculate the total Opioid Settlement Proceeds deposited in the Opioid Settlement Special Revenue Fund during the immediately preceding calendar year. The annual funding amount for Opioid Settlement Proceeds Grants shall, at a minimum, be equal to 70 percent of the total Opioid Settlement Proceeds deposited in the Opioid Settlement Special Revenue Fund during the immediately preceding calendar year. This appropriation shall be included in the Mayor's proposed annual budget for the upcoming fiscal year. The Opioid and Substance Use Disorder Grants Committee shall not award or allocate funding to requesting agencies under this Chapter until after the City Council has approved the annual budget ordinance. Any Opioid Settlement Proceeds appropriated to the OSUD Grants Committee for Opioid Settlement Proceeds Grants that are not awarded or that remain unencumbered at the end of a fiscal year shall not be returned to the Opioid Settlement Special Revenue Fund but shall carry forward to the next fiscal year for subsequent award by the OSUD Grants Committee. The City appropriation for the next fiscal year shall not be reduced by the amount of any unencumbered or unawarded residual funds from prior fiscal years.
(Ord. 2023-350-E, § 2; Ord. 2023-836-E, § 3)
Sec. 84.302. - Manager of Opioid Abatement; Responsibilities.
(a)
Staff Support; Mandatory Application Workshop. The Manager of Opioid Abatement shall provide staff support to the Opioid and Substance Use Disorder Grants Committee. In addition, the Manager of Opioid Abatement, or his or her designee, shall conduct a mandatory application workshop ("Mandatory Application Workshop") for requesting agencies. In order for requesting agencies to be eligible to apply for an Opioid Settlement Proceeds Grant, a requesting agency must attend and complete the Mandatory Application Workshop. The Mandatory Application Workshop shall be publicly noticed. The Mandatory Application Workshop shall be conducted twice during the month prior to the application opening and a requesting agency may attend either workshop to meet the requirement under this Section. For purposes of this Chapter, the term "requesting agency" shall mean a public or private entity, organization, or firm who is requesting a grant award under this Chapter.
(b)
Courtesy Review of Application Checklist. Annually from the effective date of the legislation establishing the funding amount for each Opioid Settlement Proceeds funded category established by the City Council for the upcoming fiscal year and until five business days prior to the grant application deadline, the Manager of Opioid Abatement, or his or her designee, shall provide courtesy reviews of a requesting agency's application to confirm whether the application has complied with the eligibility and application requirements in Sections 84.304 and 84.305. The Manager of Opioid Abatement shall conduct courtesy reviews with the requesting agency upon request, and the reviews may be held virtually or in person. Courtesy review appointments shall be scheduled on a first come, first served basis.
(c)
Annual Report to the City Council. The Manager of Opioid Abatement shall provide the OSUD Grants Committee with assistance in providing an annual report required in Chapter 58, Ordinance Code.
(d)
Quarterly Report to the City Council.The Manager of Opioid Abatement, in coordination with the Chair of the OSUD Grants Committee, shall provide a quarterly report to the City Council committee of reference charged to review public health and safety matters regarding the programs supported by Opioid Settlement Proceeds Grants and the manner in which such grant funds are being utilized.
(Ord. 2023-350-E, § 2; Ord. 2023-723-E, § 3)
Sec. 84.303. - Opioid Settlement Proceeds Funded Categories.
(a)
Annual Recommendations. On or before March 1 of each year, the OSUD Grants Committee shall assess the needs of the community and recommend to the City Council the percentage of Opioid Settlement Proceeds Grants funds appropriated by the City Council to be allocated to each of the following Opioid Settlement Proceeds funded categories:
(1)
Prevention;
(2)
Treatment;
(3)
Recovery Support.
The OSUD Grants Committee shall also recommend whether the OSUD Grants Committee shall award funding to requesting agencies under this Part via a Request for Proposal pursuant to Chapter 126, Ordinance Code, or through the grant application process outlined in this Part. For the initial year of this Opioid Settlement Proceeds Grants program (Fiscal Year 2023-2024), the allocation of funding to each Opioid Settlement Proceeds funding category shall be: Prevention - 34 percent, Treatment - 33 percent, and Recovery Support - 33 percent. The services provided to each category should be evaluated through the application.
(b)
Annual Establishment. The City Council shall review the recommendations of the OSUD Grants Committee and establish the percentage of funding allocation for each Opioid Settlement Proceeds funded category on or before May 1 of each year with the exception that the funding allocations for Fiscal Year 2023-2024 shall be as established in Section 84.303(a). The grant recipients awarded under this Part shall provide services to the established Opioid Settlement Proceeds funded categories.
(Ord. 2023-350-E, § 2)
Sec. 84.304. - Eligibility to Apply for Opioid Settlement Proceeds Grants.
(a)
Certain Programs Ineligible. A requesting agency's opioid program shall be ineligible to receive an Opioid Settlement Proceeds Grant if the requesting agency's same opioid program receives funding through another City grant program, including but not limited to, the programs listed below:
(1)
Public Service Grant program pursuant to Chapter 118, Part 8;
(2)
Kids Hope Alliance program pursuant to Chapter 77;
(3)
Downtown Investment Authority and Office of Economic Development programs pursuant to Chapter 55 and Chapter 26, respectively;
(4)
Housing and Community Development Division programs pursuant to Chapter 34, Part 2; and
(5)
Social Services Division programs pursuant to Chapter 28, Part 5.
In addition, opioid programs receiving an Opioid Settlement Proceeds Grant will be ineligible to receive funding for the same opioid program through any other City program, including but not limited to those listed above.
(b)
Eligible Programs. In order to be eligible to apply for or receive an Opioid Settlement Proceeds Grant a requesting agency must meet the following qualifications:
(1)
All requesting agencies must operate programs that tangibly affect and improve an Opioid Settlement Proceeds funded category and comply with the requirements of the Memorandum of Understanding ("MOU") authorized by Ordinance 2021-659-E, as may be amended.
(2)
The requesting agency must perform services or operate the program(s) in Duval County, Florida. Grant funds awarded pursuant to this Part shall be used solely to serve residents of Duval County and all expenditures of grant funds shall be in compliance with the obligations set forth in Chapter 118, Parts 1 - 5, this Chapter, and the MOU authorized by Ordinance 2021-659-E. For existing programs, grant funds awarded pursuant to this Part must be used to expand or enhance the program.
(c)
Eligibility Documents. Notwithstanding the prohibition in subsection (a) above, a requesting agency shall include the following eligibility documents listed in subsections (1)—(5) below, as applicable (collectively, the "Eligibility Documents"), in its Opioid Settlement Proceeds Grant application submittal. If a requesting agency fails to include the Eligibility Documents in the form and manner prescribed below, the requesting agency shall be ineligible to apply for an Opioid Settlement Proceeds Grant and such requesting agency's application shall not be reviewed and evaluated by the OSUD Grants Committee. The Eligibility Documents are as follows:
(1)
A copy of a good standing certificate issued within the last 12 months by the Florida Division of Corporations evidencing that the requesting agency is in good standing and has been in existence for three years prior to the Opioid Settlement Proceeds Grant application deadline; and
(2)
Either:
a.
A copy of the requesting agency's current Charitable Solicitation Permit issued by the State of Florida evidencing that the requesting agency is current on state charitable permitting fees; or
b.
A state letter of exemption indicating that the agency is exempt pursuant to F.S. § 496.406(3); and
(3)
The following financial information as applicable:
a.
Copies of the requesting agency's fiscal balance sheets and statements of income and expenses for the last two fiscal years of the requesting agency; and
b.
Copies of the requesting agency's completed and filed federal tax returns for the last three tax years;
c.
Agencies exempt from filing federal tax returns shall file:
i.
IRS certification of exemption; and
ii.
Copies of audit reports for the last three years. Audit reports shall be conducted in accordance with both GAAS and Government Auditing Standards (GAS) issued by the Comptroller General of the United States, and if applicable the provisions of the Office of Management and Budget Circular A-133 "Audits of States, Local Governments and Non-Profit Organizations" made by a certified public accountant; or
iii.
For agencies that do not have the required audit reports listed in (ii) above, the agency must submit its financial information in form and substance reasonably acceptable to the Finance Department. The form shall be identified by the department prior to the commencement of the application cycle and be uniform for all agencies completing the form.
d.
If the Agency does not have the financial information requested in subsections (3)a—c above, then the agency must submit its financial information in form and substance reasonably acceptable to the Finance Department. The form shall be identified by the department prior to the commencement of the application cycle and be uniform for all agencies completing the form.
(4)
A copy of the completed Mandatory Application Workshop certificate issued by the Manager of Opioid Abatement evidencing the requesting agency's compliance with the Mandatory Application Workshop pursuant to Section 84.302 herein; and
(5)
An original and accurate affidavit as verified by the Manager of Opioid Abatement, in the form provided by the Office of General Counsel, executed by the requesting agency's executive director, chief executive or operating officer, president, vice president or board chairman certifying that:
a.
The requesting agency's program will be operated in Duval County, Florida, serve residents of Duval County, Florida, and comply with the requirements of the MOU authorized by Ordinance 2021-659-E, as may be amended;
b.
The requesting agency's program will serve an Opioid Settlement Proceeds Grant funded category for the grant application cycle in which the requesting agency is applying for;
c.
The requesting agency's program is not receiving funding from any of the City programs listed in Section 84.304(a) for the fiscal year in which the requesting agency is applying;
d.
The requesting agency's appropriation request for multiple or single programs does not exceed in the aggregate 24 percent of the requesting agency's annual revenue (as shown on filed tax returns) averaged over the previous three tax years;
e.
The requesting agency is in compliance with the terms of all existing City agreements in which the requesting agency is a party; and
f.
The requesting agency is in compliance with all applicable federal, state, and local laws, rules, regulations and ordinances, as the same may exist and may be amended from time to time.
(c)
Eligibility Notification. The Manager of Opioid Abatement shall notify requesting agencies in writing within three business days of the Manager's decision to deem a requesting agency eligible or ineligible to apply for an Opioid Settlement Proceeds Grant. In the instances where a requesting agency is deemed ineligible, such notice shall specify the reasons for the requesting agency's ineligibility and information regarding the appeals procedure set forth in Section 84.309. The OSUD Grants Committee shall be informed by the Manager of Opioid Abatement of the requesting agencies deemed to be ineligible pursuant to this Section at the earliest OSUD Grants Committee meeting following the Manager's determination.
(d)
Waiver of Eligibility Requirements. The eligibility requirements set forth in this Section may not be waived except by two-thirds vote of the City Council.
(Ord. 2023-350-E, § 2; Ord. 2023-723-E, § 3; Ord. 2024-250-E, § 2)
Editor's note— Ordinance 2024-175-E, § 25, authorized updated department/division names pursuant to the reorganization.
Sec. 84.305. - Application Requirements.
(a)
Application Deadline. A requesting agency may submit an Opioid Settlement Proceeds Grant application after the date that the City Council approves the percentage of funds allocated to each Opioid Settlement Proceeds Grant funded category pursuant to this Chapter, but no later than July 1 of each fiscal year. Applications may be submitted in person or electronically as prescribed by the Manager of Opioid Abatement.
(b)
Application Contents. Each application for an Opioid Settlement Proceeds Grant submitted by a requesting agency pursuant to this Part shall contain the following information:
(1)
The Eligibility Documents pursuant to Section 84.304 herein.
(2)
A Cover Page containing the following information:
a.
Name of the requesting agency;
b.
Name of the program;
c.
The Opioid Settlement Proceeds Grant funded category that the program will serve;
d.
Amount of the appropriation request;
e.
The fiscal year that the requesting agency is submitting an appropriation request for;
f.
The following certification executed (electronically or manually) by the executive director, chief executive or operating officer, president, vice president or board chairman in the form below:
"I, name/title, hereby certify that the information and representations contained in this fiscal year _______ Opioid Settlement Proceeds Grant application is true and correct."
By: _______
Print Name/Title: _______
Date: _______
(3)
A section entitled "Agency Background and Experience" containing a description of the agency's board (number of members, length of service of each member, and professional experience of each member), executive staff (e.g., executive director, chief executive or operating officer, chief financial officer), and the agency's experience and accomplishments addressing and/or treating opioid addictions, overdoses, and related mental, physical and familial matters arising from the opioid use, abuse and treatment. This section may without limitation describe the agency's mission, future plans, major programs, licensure, certification or accreditation (maximum three pages).
(4)
A section entitled "Program Overview" containing a description of the program and how the program will address the prevention, treatment or recovery support related to opioid use and/or abuse for the applicable Opioid Settlement Proceeds Grant funded category applied under. This Section may include without limitation partnerships with other programs or agencies as applicable (maximum three pages).
(5)
A section entitled "Program Activities" containing a list of all activities that the program will offer or provide and a brief description of each activity (maximum one page).
(6)
A section entitled "Program Management and General Overhead" containing a description of the management and staff positions that will be needed to successfully operate the program and the general overhead of the agency. This section may include without limitation potential fundraising capacity, plan, strategy and funding partners for the program as well as how the program will be sustained in future years (maximum three pages).
(7)
A Section entitled "Operating Budget and Budget Narrative" which lists all line-item expenses and revenues to operate the program during the fiscal year and contains a brief description of each line item expense. The expenses and revenues must balance (maximum two pages, not including the approved form).
(8)
A section entitled "Program Impact and Effectiveness" containing a description of: (i) the program's goals and objectives and how attainment of the goals and objectives will be measured; (ii) the program's achievements during the year immediately preceding the application or, for new programs, a description of national studies, qualitative measures, best practices and successes of similar programs, citing the sources and national standards relied upon for this information; (iii) the projected program impact on the Opioid Settlement Proceeds Grant funded category and the anticipated number of people to be served by the program; and (iv) a listing of each noncompliance incident within the past three years that has resulted in the requesting agency being placed on the Council Auditor's Chapter 118 noncompliance list. Such list shall set forth with respect to each noncompliance incident: (a) the noncompliance dates (e.g., the start date and end date), and (b) an explanation for the noncompliance (maximum four pages, not including the information required in subsection (iv) above).
(c)
Application Format. The application shall have one-inch margins and contain no more than 16 single-sided double-spaced 8½" by 11" pages. The font style shall be Times New Roman or Arial with a minimum font size of 11 points and a maximum font size of 12. The Cover Page and Eligibility Documents will not be counted as part of the 16-page limit. The Eligibility Documents may be included as appendices. The OSUD Grants Committee may create a form application consistent with the requirements of this Part, provided that the OSUD Grants Committee may not add to or remove any of the application contents prescribed in subsection (b) above without City Council approval. Opioid Settlement Proceeds Grant applications submitted electronically shall approximate the format required in this subsection (c) to the greatest extent possible.
(d)
Interviews. The OSUD Grants Committee may, in its sole discretion, conduct interviews of requesting agencies in a funding category regarding their respective Opioid Settlement Proceeds Grant applications. If the OSUD Grants Committee elects to interview one requesting agency in an Opioid Settlement Proceeds Grant funded category, the OSUD Grants Committee shall also interview the other requesting agencies in said category. Any interviews conducted by the OSUD Grants Committee pursuant to this Section shall be after the grant application deadline but prior to October 1 of each year. The OSUD Grants Committee shall notify the requesting agency of the place and time of the interviews. Such interviews shall be conducted in the sunshine and for the sole purpose of the requesting agency verbally explaining, clarifying, or justifying to the OSUD Grants Committee any information contained in the requesting agency's application. A requesting agency shall not add any new written information or materials to its application or present any new written information or materials to the OSUD Grants Committee regarding its application, during such interviews.
(e)
Certain Communications Prohibited During the Application Scoring Period. During the Application Scoring Period, a requesting agency shall be prohibited from communicating with OSUD Grants Committee members, the Manager of Opioid Abatement, and other City employees involved in the Opioid Settlement Proceeds Grants process regarding an application submitted by such agency pursuant to this Section. For purposes of this Section, the "Application Scoring Period" shall mean the period each fiscal year commencing on the day immediately following the OSUD Grants Committee application deadline in Section 84.305 and ending on the day that the Manager of Opioid Abatement has received the scoring for all eligible applications pursuant to Section 84.306. This prohibition also includes communications by a requesting agency with the City's Office of General Counsel unless the Manager of Opioid Abatement has authorized such communications in advance. This prohibition shall not apply to the following communications:
(1)
Communications to the Manager of Opioid Abatement regarding matters of process or procedure contained in Chapter 84, Ordinance Code, including, but not limited to, the grant appeals procedure in Section 84.309;
(2)
Communications during any publicly noticed meeting under F.S. Ch. 286, including, but not limited to, OSUD Grants Committee meetings and subcommittee meetings; and
(3)
Communications that are necessary and solely related to the ordinary course of business concerning a requesting agency's existing Opioid Settlement Proceeds Grant contract(s), if any.
(f)
Disqualification; Notification. If a requesting agency's application fails to include the items and section headings specified in this Section 84.305, or fails to meet the format requirements of 84.305(c) above, such application shall not be considered and reviewed by the OSUD Grants Committee. As long as an application contains the required section headings outlined above, together with some information describing the same, and is properly formatted, such application shall be deemed to have complied with the requirements of this Section. Failure by a requesting agency to provide adequate information under each required section may result in a lower application score and ranking.
The Manager of Opioid Abatement shall notify requesting agencies in writing within three business days of the Manager's decision to qualify or disqualify such requesting agency's application from consideration and review by the OSUD Grants Committee. Such notice shall specify the reasons for the disqualification and the requesting agency's right to appeal the decision pursuant to the procedures set forth in Section 84.309. The Manager shall inform the OSUD Grants Committee of the requesting agencies deemed by the Manager to be disqualified pursuant to this Section at the earliest OSUD Grants Committee meeting following the staff's determination.
(Ord. 2023-350-E, § 2; Ord. 2023-723-E, § 3)
Sec. 84.306. - Review, Evaluation and Scoring of Applications by OSUD Grants Committee.
(a)
Scoring Committees; Deadline. The OSUD Grants Committee may create a scoring subcommittee for each Opioid Settlement Proceeds Grant funded category and all grant applications belonging to such category shall be reviewed, scored, and evaluated by said scoring subcommittee, provided however that no application shall be scored by fewer than three members of the OSUD Grants Committee. Members may be assigned by the Chair to more than one scoring subcommittee established for a given category; however, the same group of members (three or more) assigned to a scoring subcommittee must score each application assigned to the committee for review. If a Member is unable to review, score and evaluate all the applications assigned to a scoring subcommittee, the Chair shall assign a new Member to replace such Member. The score sheets for any application completed by any such replaced Member shall not be used and the new assigned Member shall independently review, evaluate, and score the applications assigned to such scoring subcommittee. In the event that the OSUD Grants Committee membership is less than five members, all members of the OSUD Grants Committee shall be required to score each grant application. Members shall review, score, and evaluate applications and forward completed score sheets for each application to the Manager of Opioid Abatement on or before October 1 of each year.
(b)
Scoring and Rankings. A score sheet containing the evaluation criteria, together with the maximum points assigned to each criterion pursuant to Section 84.306(c) below, shall be used to evaluate applications. Each Member shall record the scores given to each criterion on the score sheet. The score sheet shall be retained by the Manager of Opioid Abatement and made available for review as public record at such time that the scoring for all eligible applications is completed. City staff shall not score applications nor provide scoring suggestions to members of the OSUD Grants Committee. The Manager of Opioid Abatement shall rank each application belonging to an Opioid Settlement Proceeds Grant funded category from highest to lowest (e.g., first, second, third, etc.) based on the average of the scores contained on the score sheets for each application. Upon determining the average score for each application, the Manager of Opioid Abatement shall discard any individual application score that is 20 points more or less than such average score and recalculate the average score for said application based on the remaining scores. An application must have an average score of 70 points or more to be awarded grant funds pursuant to this Part. The OSUD Grants Committee shall establish a uniform procedure for breaking tied scores.
(c)
Evaluation Criteria. The OSUD Grants Committee shall evaluate and score Sections 84.305(b)(3)—(8) of each Opioid Settlement Proceeds Grant application based upon the following evaluation criteria and maximum assigned points to each criterion:
(1)
Quality of the program (maximum 20 points);
(2)
Strength of staff and board (maximum five points);
(3)
Requesting agency's ability to administratively manage the program and budget (maximum ten points);
(4)
Need for the program within the applicable Opioid Settlement Proceeds Grant funded category (maximum 15 points);
(5)
Impact of the program (maximum 15 points) on the applicable Opioid Settlement Proceeds Grant funded category;
(6)
Accuracy and appropriateness of the program budget (maximum 15 points);
(7)
Ability of the requesting agency to perform the program (maximum 15 points); and
(8)
Ability of the proposed measures to evaluate the effectiveness of the program (maximum five points).
(d)
Tentative Adoption of Rankings by OSUD Grants Committee. The OSUD Grants Committee shall announce the rankings for each application belonging to an Opioid Settlement Proceeds Grant funded category at a meeting in the first full week of October of each year and adopt a tentative ranking and funding allocation list. Copies of each requesting agency's completed score sheets, together with any other supporting information or justification from the application scorer regarding the application score, shall be made available to requesting agencies at such meeting. A requesting agency will also be notified in writing by the Manager of Opioid Abatement of its application score and ranking. A requesting agency may appeal a score sheet or ranking decision made pursuant to this Part through the appeals procedure set forth in Section 84.309.
(Ord. 2023-350-E, § 2; Ord. 2023-723-E, § 3; Ord. 2024-250-E, § 2)
Sec. 84.307. - Funding Allocations by OSUD Grants Committee; Grant Award Limitations.
(a)
Limitations on Grant Awards. Individual grants within each Opioid Settlement Proceeds funded category shall be based on the high score model for funding purposes. The high score model shall award 100 percent of requested funding for the highest-ranked score up to the maximum amount of $500,000. The next highest-ranked score shall be awarded 100 percent of the requested funding up to $500,000 and so on until the funds are exhausted. Requesting agencies may submit multiple applications in each Opioid Settlement Proceeds funded category but shall be eligible to receive only one Opioid Settlement Proceeds Grant per funded category. When a requesting agency submits more than one grant application in a funded category, the application receiving the highest average score will be eligible to receive a grant award in accordance with the high score model described herein so long as the application meets the eligibility, application, minimum score and all other applicable requirements for award of an Opioid Settlement Proceeds Grant pursuant to this Part.
(b)
Final Funding Allocations. After the City Council adopts the annual budget ordinance and on November 1 of each year, the OSUD Grants Committee shall allocate funding to requesting agencies based on the application scoring and rankings pursuant to this Part in an amount not to exceed the appropriation for Opioid Settlement Proceeds Grants contained in the annual budget ordinance. The OSUD Grants Committee's final funding allocations shall be adopted by the OSUD Grants Committee at a public meeting following the tentative adoption required in Section 84.306(d) and the appeals procedures outlined in Section 84.309. Upon final adoption of the funding allocations by the OSUD Grants Committee, the Opioid Settlement Proceeds Grant recipients shall execute an agreement between the recipient and the City in accordance with Section 118.201, Ordinance Code. The OSUD Grants Committee shall forward a complete list of Opioid Settlement Proceeds Grant recipients and funding allocations to the Council Auditor's Office, the Office of the Mayor, the City Council and the Director of the Finance and Administration Department.
(Ord. 2023-350-E, § 2; Ord. 2023-723-E, § 3; Ord. 2023-836-E, § 3; Ord. 2025-251-E, § 1)
Sec. 84.308. - Amendments to Opioid Settlement Proceeds Grant Budgets by Recipients; Approval by Manager of Opioid Abatement.
The Manager of Opioid Abatement may approve budget changes to the recipient Opioid Settlement Proceeds Grant agreement so long as such budget changes are within ten percent of approved budget line items contained in the recipient's Opioid Settlement Proceeds Grant application.
(Ord. 2023-350-E, § 2)
Sec. 84.309. - Opioid Settlement Proceeds Grant Appeals Board; Appeals Procedure.
(a)
Appeals Board Responsibility; Composition. The Opioid Settlement Proceeds Grants Appeals Board (the "OSPG Appeals Board") shall hear and make final determinations on all appeals made by requesting agencies pursuant to this Section. The OSPG Appeals Board shall consist of three members: (i) the Chair of OSUD Grants Committee, (ii) the Manager of Opioid Abatement, and (iii) the Chief of Procurement, or his or her designee. The Manager of Opioid Abatement shall be the Chair of the OSPG Appeals Board.
(b)
Notice of Meetings; Standard of Review. All meetings of the OSPG Appeals Board shall be quasi-judicial, noticed and open to the public. The standard of review for the OSPG Appeals Board shall be de novo as to the specific matters contained in the requesting agency's Notice of Appeal.
(c)
Appealable Matters. A requesting agency may only appeal a tentative funding allocation or eligibility decision regarding the requesting agency's application to the OSPG Appeals Board for one or more of the application or scoring defects stated below:
(1)
Mathematical errors contained on the application score sheet or tentative funding allocation spreadsheet;
(2)
An error by the application scorer in deducting points from a requesting agency's application score for not including a required application item or attachment that was included in the requesting agency's application submittal and such error was determinative in the requesting agency's inability to receive a funding allocation;
(3)
A minor irregularity in the application contents or requirements which (i) is not prohibited under Section 84.305; (ii) adversely impacts a requesting agency's eligibility or application score and ranking; and (iii) will not result in an unfair competitive advantage to the requesting agency if such irregularity is waived;
(4)
An error made by the Manager of Opioid Abatement in the eligibility determination or disqualification of a requesting agency's application from consideration pursuant to Sections 84.304 and 84.305, respectively; and
(5)
A determination made by the Manager of Opioid Abatement that a requesting agency application is ineligible or disqualified due to such agency being on the Council Auditor's Chapter 118 noncompliance list.
(d)
Appeals Deadline; Contents; Procedures. A requesting agency shall have five business days from the decision date of the OSUD Grants Committee or Manager of Opioid Abatement, as applicable, to deem a requesting agency ineligible to apply for an Opioid Settlement Proceeds Grant under Section 84.304, disqualify an application under Section 84.305 or tentative funding allocation under Section 84.306 to file a Notice of Appeal. The Notice of Appeal shall be addressed to the Manager of Opioid Abatement and must:
(1)
Identify one or more of the stated reasons in Section 84.309(c) above for the appeal and include any supporting documentation or information evidencing the same;
(2)
State the timeliness of the appeal; and
(3)
State the amount of the requesting agency's application grant request and the OSUD Grants Committee's tentative funding allocation.
The OSPG Appeals Board shall meet as soon as practicable to hear appeals and render final decisions to grant or deny the same. The OSPG Appeals Board shall afford requesting agencies, and as applicable the OSUD Grants Committee Member(s) pertinent to the appeal, an opportunity to comment at the Notice of Appeal meeting, and the board shall notify the OSUD Grants Committee of the results and final determinations regarding each appeal.
(e)
Remedy. Any appeals filed under Sections 84.309(c)(4) and (5) above and granted in favor of the requesting agency by the OSPG Appeals Board shall be immediately allowed into the grant review and evaluation process and the Chair shall assign such application to the OSUD Grants Committee or scoring subcommittee for review, as applicable. In instances where the OSUD Grants Committee must make adjustments to tentative funding allocations based on the appeal outcome, the Chair shall call a special meeting of the OSUD Grants Committee to make adjustments to the tentative funding allocations and adopt final funding allocations pursuant to this Part.
(f)
Additional Procedures. The OSPG Appeals Board may promulgate additional appeals procedures consistent with the procedures contained in this Section.
(g)
OSPG Appeals Board Decisions to be Final. All decisions of the OSPG Appeals Board shall be final and non-appealable.
(Ord. 2023-350-E, § 2)
Sec. 84.310. - Dates and Times.
In the event that any of the dates referenced in this Chapter falls on a Saturday, Sunday or City-observed holiday, such date shall be extended automatically until the next business day. Requesting agencies shall have until the close of business based on the City's normal operating hours to submit any applications, information or documentation, including appeals, under this Chapter.
(Ord. 2023-350-E, § 2)
Sec. 82.108. - Cooperation of other City agencies. Chapter 85 - JACKSONVILLE JOURNEY FORWARD