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Backup Documents 01/11/2011 Item #16D11ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16D 11 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chatnnan "s signature, maw a one -no Route to Addressee(s) List in romm order Frank Ramsey ....... ... ........ .... .. _.,......- ...- ---- ------- , Office HHVS Initials Date 331 l Jennifer White County Attorney's Office LJ 3 31 1 Ian Mitchell, Executive Manager Board of County Commissioners HHVS for copy pick up Minutes and Records Clerk of Courts Office Agenda Item Number 16D -1I Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Agreement Number of Original 1 r K1N1AKY UUn IAUI I tvr VKivIA I i"i. (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the 13CC office only after the BCC has acted to approve the Item. Name of Primary Staff Frank Ramsey / HHVS Phone Number 252 -2336 Contact appropriate. (Initial) After recording call 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be HHVS for copy pick up Agenda Date Item was 1/11/2011 Agenda Item Number 16D -1I Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Agreement Number of Original 1 Attached contracts, agreements, etc, that have been fully executed by all parties except the BCC Documents attached IMC'rVr Td- T1n1V4iZ A, rHVVK1 AST f/ 2C11 1, Forms/ County Forms/ BCC Form / Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26 .05. Revised 224.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne =otiated contract date whichever is applicable. _ 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. -�/n 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 our deadlines! 6. The document was approved by the BCC on 9/ (enter date) and all changes made during the meeting have been incorporated in he attached document. The County Attorney's Office has reviewed the change if applicable. f/ 2C11 1, Forms/ County Forms/ BCC Form / Original Documents Routing Slip W WS Original 9.03.04, Revised 1 26 .05. Revised 224.05 16x11 MEMORANDUM Date: April 1, 2011 To: Frank Ramsey, Housing Manager Housing & Human Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Agreement for Adult Drug Court Discretionary Grant Program Enclosed please find one (1) copy of the document, referenced above (Agenda Item #10Dll), which were approved by the Board of County Commissioners on Tuesday, January 11, 2011. The Minutes & Records Department has retained the original agreement to be kept in the Board's Official Records. If you should have any questions, please contact me at 252 -8411. Thank you 16x11 AGREEMENT for ADULT DRUG COURT DISCRETIONARY GRANT PROGRAM THIS AGREEMENT, made and entered into on this 111h day of January 2011, by and between David Lawrence Mental Health Center, Inc., EIN 59- 2206025, (d /b /a David Lawrence Center), authorized to do business in the State of Florida, whose business address is 6075 Bathly Lane, Naples, Florida, 34116, hereinafter called the "Contractor" (or "Consultant ") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County': WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on January 11, 2011, and terminating on January 10, 2013. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide services in accordance with the Scope of Services, attached as Exhibit "A ", and the County's application submitted to, and approved by, the U.S. Department of Justice - Bureau of Justice Assistance referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of One Hundred Ninety Seven Thousand Six Hundred Fourteen and 00 /100 Dollars ($197,614.00), subject to Change Orders as approved in advance by the County. Payment will be made upon receipt of a proper invoice and upon approval by Housing, Human and Veteran Services, or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". Page I of 7 16011 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. SALES TAX. Contractor 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. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: David Lawrence Center 6075 Bathey Lane Naples, Florida 34116 Attn: David C. Schimmel, Chief Executive Officer Phone: (239) 455 -8500 Fax: 239 - 455 -6561 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Housing, Human and Veteran Services 3339 Tamiami Trail, East, Suite 211 Naples, Florida 34112 Attention: Frank Ramsey, Housing Manager Telephone: 239- 252 -4663 Facsimile: 239- 252 -6542 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured Page 2 of 7 16D 11 and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 3 of 7 16D 11 The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor /Vendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor /Vendor /Consultant or anyone employed or utilized by the Contractor /Vendor /Consultant 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. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing, Human and Veteran Services Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate, Scope of Services and Addendum/ Addenda. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. Page 4 of 7 16D11 17. 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, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor. 22. 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. The negotiation shall be attended by representatives of Contractor 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. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit Page 5 of 7 16011 to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 22. KEY PERSONNEI&ROIECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and /or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight ,E.. Brock, Cjerk of Courts 'S a /�Qr 1 2 0 l j -- krT i01ture on, q.. Approved as to form and legal sufficiency: Jennifer . hite Assistant County Attorney Page 6 of 7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA H By: FRED W. COYLE Chairman II!Q,r, # L(ab It Nte t (! 1 1 RaL LS oeou,v Ge krc �.F1'l,/MOA. YJ First Witness JAMULA PLf,[-L T, ype /print witness nameT Second TType /print witless name 16D 11 DAVID LAWRENCE MENTAL, HEALTH CENTER (D /B /A DAVID LAWRENCE CENTER) C4 e- David C. Schimmel Chief Executive Officer Page 7 of 7 EXHIBIT "A" SCOPE OF SERVICES A. PROTECT SCOPE: 16 ©1I On October 12, 2010, agenda item 16D3, the Board of Commissioners approved the 2010 Bureau of Justice Assistance Adult Drug Court Discretionary Grant (Award #2010 -DC -BX -0016) with the U.S. Department of Justice - Bureau of Justice Assistance. Details of this scope of work are consistent with and support certain details of that agreement. The David Lawrence Center through the Adult Drug Court will focus on adult offenders, charged with non - violent felony drug - related offenses. The program is a post - adjudication, court supervised, substance abuse treatment program. Personnel and fringe benefit budget funds will fund Housing, Human and Veteran Services' staff expenses. Travel budget funds will allow at least one (1) participant and staff members from the Collier County Drug Court Team to attend the National Drug Court Conference and at least one (1) participant and staff members from the Collier County Drug Court Team to attend the "Operation Tune Up" Training. Supply budget funds will fund the purchase of general office supplies for Housing, Human and Veteran Services. Contractual budget funds will include items such as, but not limited to, up to forty (40) hours per week in case management personnel and fringe benefit expenses, local travel, general office supplies, cell phone service, computer purchase(s), collection of data and preparation of required reports and documentation, and laboratory expenses. Other budget funds will include the purchase of drug tests and non -cash participant incentives. The project activities will meet the U.S. Department of Justice's Office of Justice Programs' guidelines and objectives. B. BUDGET Collier County Housing, Human and Veteran Services is providing a total amount of One Hundred Ninety Seven Thousand Six Hundred Fourteen and 00 /100 Dollars ($197,614.00) for funding the project scope described above. The Consultant shall provide a match of Eighty Four Thousand Eight Hundred Four and 00 /100 Dollars ($84,804.00). The match will be in the form of participant fees and in -kind services. The table below, as approved by the grantor agency, provides line items budgeted by Federal Funds, Local Match and Total Line Budget. YEAR ONE OF TWO BUDGET DETAIL COLLIER COUNTY BUDGET DETAIL 16 D 11 Line Item Description Federal Funds Local Match Total Line Budget Personnel $3,825.00 $0.00 $3,825.00 Fringe Benefits $1,280.00 $0.00 $1,280.00 Travel $910.00 $0.00 $910.00 Supplies $240.00 $0.00 $240.00 TOTAL YEAR ONE $6,255.00 $0.00 $6,255.00 DAVID LAWRENCE CENTER - ADULT DRUG COURT BUDGET DETAIL Line Item Description Federal Funds Local Match Total Line Budget Travel $4,550.00 $0.00 $4,550.00 Contractual $82,010.00 $36,845.00 $118,855.00 Other $6,682.00 $5,557.00 $12,239.00 TOTAL YEAR ONE $93,242.00 $42,402.00 $135,644.00 SUMMARY TOTAL YEAR ONE BUDGET DETAIL Line Item Description Federal Funds Local Match Total Line Budget Collier County $6,255.00 $0.00 $6,255.00 David Lawrence Center $93,242.00 $42,402.00 $135,644.00 TOTAL YEAR ONE $99,497.00 $42,402.00 $141,899.00 16D 11 YEAR TWO OF TWO BUDGET DETAIL COLLIER COUNTY BUDGET DETAIL Line Item Description Federal Funds Local Match Total Line Budget Personnel $3,825.00 $0.00 $3,825.00 Fringe Benefits $1,280.00 $0.00 $1,280.00 Supplies $240.00 $0.00 $240.00 TOTAL YEAR TWO $5,345.00 $0.00 $5,345.00 DAVID LAWRENCE CENTER - ADULT DRUG COURT BUDGET DETAIL Line Item Description Federal Funds Local Match Total Line Budget Travel $5,280.00 $0.00 $5,280.00 Contractual $80,810.00 $36,845.00 $117,655.00 Other $6,682.00 $5,557.00 $12,239.00 TOTAL YEAR TWO $92,772.00 $42,402.00 $135,174.00 SUMMARY TOTAL YEAR TWO BUDGET DETAIL Line Item Description Federal Funds Local Match Total Line Budget Collier County $5,345.00 $0.00 $5,345.00 David Lawrence Center $92,172.00 $42,402.00 $135,174.00 TOTAL YEAR TWO $97,517.00 $42,402.00 $140,519.00 16011 TOTAL BUDGET DETAIL COLLIER COUNTY AND DAVID LAWRENCE CENTER Line Item Description Federal Funds Local Match Total Line Budget Personnel $7,650.00 $0.00 $7,650.00 Fringe Benefits $2,560.00 $0.00 $2,560.00 Travel $10,740.00 $0.00 $10,740.00 Supplies $480.00 $0.00 $480.00 Contractual $162,820.00 $73,690.00 $236,510.00 Other $13,364.00 $11,114.00 $24,478.00 TOTAL $197,614.00 $84,804.00 $282,418.00 1601,E C. PROTECT WORK PLAN The following Project Work Plan is in effect for program monitoring requirements only and, as such, is not intended to be used as a payment schedule. Date Start Date End YEAR ONE OF TWO Work Plan 01/2011 01/2012 _ Collier County provide project coordination services 01/2011 01/2012 Attend "Operation Tune Up" Trainin 01/2011 01/2012 Purchase and provide drug testing supplies to participants 01/2011 01/2012 Purchase and provide non -cash participant incentives 01/2011 01/2012 Provide case management services 01/2011 01/2012 Collect data and prepare reports and documentation 01/2011 01/2012 Laborato testin for participants' drug test 01/2011 01/2012 Purchase computer(s) Date Start Date End YEAR TWO OF TWO Work Plan 01/2012 01/2013 Collier Countv provide project coordination services 01/2012 01/2013 Attend National Drug Court Conference 01/2012 01/2013 Purchase and provide drug testing supplies to participants 01/2012 01/2013 Purchase and provide non -cash participant incentives 01/2012 01/2013 Provide case management services 01/2012 01/2013 Collect data and prepare reports and documentation 01/2012 01/2013 Outside Laborato testing for participants' drug tests The above Project Work Plan details items to be completed and submitted by "Date End ". Modifications to the above Work Plan require the prior written approval of the County. A Work Plan modification will be required if the listed activity exceeds the assigned end date by 90 days or greater. Any modification(s) will be made an integral component of this Agreement. D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Case management Signed timesheet and evidence of payment Travel Actual cost for travel related expenses Supplies Receipt and evidence of payment Cell phone Invoice/ bill and evidence of payment Computer purchase Invoice /bill and evidence of payment Data collection and reporting Signed timesheet and evidence of payment 16011 Drug testing su lies Invoice /bill and evidence of payment Laboratory services Invoice /bill and evidence of payment Participant incentives Invoice /bill and evidence of payment EXHIBIT "B° Department of Justice 4D Office of Justice Programs Office of the Chief Financial Officer Washington, D.C. 20531 August 25, 2010 Chairman Fred Coyle Collier County 3301 Tamiami Trail East East Building 7 Naples, FL 34112 - 0000 Reference Grant Number: 2010 -DC -BX -0016 Dear Chairman Coyle: I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Budget Personnel $7,650 Fringe Benefits $2,560 Travel $10,740 Equipment $0 Supplies $480 Construction $0 Contractual $236,510 Other $24,478 Total Direct Cost $282,418 Indirect Cost $0 Total Project Cost $282,418 Federal Funds Approved: $197,614 Non - Federal Share: $84,804 Program Income: $0 Match is required at 25% for this grant pmgmm. The applicant exceeded the required match amount by $18,933. The non -feri ml share that has been incorporated in the approved budget is mandatory and subject to audit. 16011 EXHIBIT IICII l 6 D I Department of Justice Office of Justice Programs AWARD CONTTNUATION Bureau of Justice Assistance SHEET PAGE 2 OF e Grant PROJECTNUMBER 2010�D HLX 4016 AWARD DATA 0812molo SPECUL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements at forth in the current edition of the Office of Justice Progems (OIP) Financial Cruise 2. The reeipiern acknowledges that failure to submit a acceptable E" Employment Opportunity Plen (if recipient is required to submit one pursuant to 28 C.FJL Section 42.302), that is approved by as Office for Civil Rights, is a violation of its Certified Assurances and may result in suspmsim a termination of funding, until such time ss The reciplent is in compliance. 3. 'tie recipient agrees to romply with the orquizational audit requirements of OMB Circular A-133, Audib of Stays, Local Governments, and Nm -Profit Otgardmtiona, and further understands and agrees that fords may be withheld or other Missed requirements may be imposed. if outatmdiog audit hates (if my) fora OMH Circular A -133 audits (and MY Other audits OfOJP gmt fords) are ant Satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot we my federal fuse, eider directly or Indirectly, in support of the eoactnent, repeal, modification a adoption of any law, regulation or policy, at soy level ofgovemmenk without the express prior written approval ofOJP. 5. The recipient trust promptly refer to the DOJ 010 my credible evidence that a principal, employee, agent, contractor, mbgrautee, subcontractor, or other person has either 1) submitted a false claim for gent Nnds under the Fain Claims Ask or 2) committed a criminal or civil violation of laws pertaining m gaud, conflict cf mamK bribery, gratuity, or similar misconduct involving grant fmda This condition also applies to my subrecipirna. Potential fraud, waste, abuse, or misconduct should be reported to the 010 by - mail: Office Orlin Inspector Genera( U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Romp 4706 Washington, DC 20530 e -mail: oig.hotlioe®usdol.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616 -9881 Additional information is available from the DOJ 010 weWier at www.usdoj.gov /ufg. 6. Recipient understands and agrees that it cannot use my federal fund&, either directly or mdimtly, in rapport army convaa or Subaward to either the Association of Community Organiratioms fan Reform Now (ACORN) or its subsidiaries, Without the express prior written approval of OJP. 7. The recipient agmm to comply with my additional requirements that maybe imposed during the grant perfmmamcc period if the agency determines that the recipient is a higb4isk grandee. Cf. 28 C.F.R. parts 66, 70. OJF FORM a00aQ (Rev. "a) 16011 Department of Justice Adak Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 0 Or 4 Grant PRDIEC'r MIMBER 20104)GBX-001a AWARD DATE 005/2010 SPECLJL CONDITIONS The recipient agrees to submit to BJA for review and approval any curricula, training materials, proposed publications, reports, or my other written materials duet will be published, including web -based materials and web else comom, through funds from this grant at least thirty (30) working days prim to the targeted dissemination date. Any written, visual, or audio publications, with the exception of press releases, whether published at the grantee's or savemm tors experoe, abell contain the following statements: "This pmjm was supported by Grant No. 2010-DC -BX -0016 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the office of Justice Programs, which also includes the Burrau of Justice Statistics, the National Institute of Justice, the Office of JuvenOe Justice and Delinquency Prevention, the SMART Office, end the Office fm Victmes of Crime. Points of vices or opinions in this document are abode of the author and do not represent the official position or policies of the United States Department ofJutace." Thc anneal edition of the OR Financie] Guide provides guidance on allowable printing and publication activities. 9. The recipient agrees to =operate with any aasaements, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of my information required for the assessment or evaluation of my activities within this project. 16. The grantee agreas to comply with the applicable requirements of28 C.FR. Pan 38, the Department of Justice regulation governing "Equal Treatment for Faith Bead Or;a LmhoW (the "Equal Treatment Regulation'). The Equal Tmsrmeo Regulation provides in pal that Depsrmieotof Justice grant awards of direct loading may not be used to fund any inherently religious activida, such as worship, religious instruction, or proulydzation. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from dm Departmt of Justice funded program, and participation in such activities by individuals receiving cervices from the grantee or a sub -gnome most be voluntary. The Equal Treatment Regulation also snakes class that wilmizatio s participating in programs directly funded by the Department of Juaiee are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding; my other special condition of this award, faith- based organizations may, in sane circumstances, consider religion as a basis for amployraent Sec hap: /A w .ojp.gov /abwtfoa/equel_ibo.htm. 11. All contracts under this award should be competitively awarded unless circnmstmw preclude competition. When a comma moment eacads S 100,000 and them has been no competition fm the awed, the recipient most comply with rules governing sole source procurement frond in the current edition of the OR Financial Guide. 12. Approval ofthis award does not indicate approved of any comultant rate in "=a of 5450 par day. A detailed justification most be submitted to and approved by the Office of Justice Programs (OJP) pmgrsm office prior to obligation or expenditure of such funds, 13. Rccipicat agrees to submit a written strategy describing the jmisdictiods plan for sustaining the drug court program after Federal financial sssisance has ended The sustahubilily plan most be submitted by the end of the first year of the grant period in order to be in compliance with this requirement. 14. Recipient agrees to develop and maintain a Drug Cant Policies and Procedures manual fa program operation. The Policies and Procedures manual most be submitted by the end of the first year of the grant period in order to be in compliance with this requirement. 09 FORM s00n2 (REV. 4-U) 16011 Department of Justice Office of Justice Programs AWARD CONTINUATION 4D Bureau of Justice Asgbtence SHEET PACE 4 OF 4 Cram PROJECTMJMM 2010- DC4R-001e AWARD DATE 0ert3rt010 SPECIAL CONDPIIONS 15. Grantee agrees that assistance finds awarded under this grant will not be used to support any inherently religious activities, such as worship, religious i atiuctioo, m proselytizatim. If to grantee retbn participants t, or provides, a noa•Federally faded program or service that incorporates such religious activities, (1) my such activities rout be vohmtary for program participants, and (2) program participants, may not be eachrded from participation in a program or otherwise penalized or disadvantaged for any Where to accept a referral or services. if parti ipation in a nom - Federally funded program or service that incorporates inherently religious activities is daerned a critical treatment or support Service for program participants, the grantee agrees to identify and refer participants who object to the inherently religious activities of such program or service to, or provide, a comparable seculm alternative program or service. 16. Recipient umderstanda W agrees that it must submit quarterly Federal Financial Reports (SF-425) and semi-annual pertamence reports through GMS (https: / /gnma.ojp.uadoj.gav), and that it most submit quarterly performance metrics repots through HIM Pcrformince Meaormicm Toul (PMT) website (www.bjeparfesmansetoola.org). For more detailed information on reporting and other requirements, refer to BJA's webshp. Failure to submit required reports by established deadlirw may result in the heezing of grant fends and High Risk designation. 17. Recipient agrees to submit an evaluation plan and/or me ngement information system (MIS) plan for review and approval Within 180 days from the date of acmp=m of this award. The recipient agrees to submit finalized evaluation report(s) to the Bureau of Justice Assistance prim to the cad of the great period. 18. Ausion t in Executive Order 13513, "Federal Leadership ou Reducing Text Mecsagimg While Dnving," 74 Fed Reg. 51225 (October 1, 2009), the Department eacomnges recipients and sub recipients to adopt and enforce policies herring employees from text messaging while driving any vehicle during the comae of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted driven. "MEAL 400m1(REV. 448)