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.