Backup Documents 06/14-15/2011 Item #16D4
16D 4
MEMORANDUM
Date:
July 12, 2011
To:
Lyn Wood, Contract Specialist
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes and Records Department
Re:
Contract #11-5693 w/Collier County Child Advocacy
Council, Inc.
Attached are two (2) originals of the Contract, referenced above (Item
#16D4) approved by the Board of County Commissioners on June 14, 2011.
The original has been kept by the Minutes and Records Department to
be kept as part of the Boards Official Records.
If you should have any questions please contact me at 252-8411.
Thank you.
Colter County
-----. -
Admnislmllve Services Division
Purd1a~:llng
Purchasing Department
3327 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-2667
FAX: (239) 252-6593
Email: LynWood(a)collieroov.net
www.collieroov. neUpurchasino
16D 4
Memorandum
Subject:
Agreement 11-5693 "Child Advocacy-Supervised Visitation"
From:
Lyn M. Wood. CPM, Procurement Strategist,,!)
~
MTE ~t8
JUl D 5 2011
RISK ~
Date:
July 5. 2011
To:
Ray Carter, Risk Manager
This Contract was approved by the BCC on June 14, 2011 Agenda Item 16.0.4.
The County is in the process of executing this contract with Collier County Child Advocacy Council, Inc. d/b/a
Children's Advocacy Center of Collier County (CAC)
Please review the Insurance Certificate(s) for the referenced Contract.
. If the insurance is not in order please contact the vendor/insurance company to obtain a proper
certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the
County Attorney's office via the attached Request for Legal Services.
. /f the insurance is in order please acknowledge your approval and send to the County Attorney's office via
the attached Request for Legal Services.
estions, please contact me at the above referenced information.
Ins
-iJ/
Risk anagement Signature
C: Marcy Krumbine, HHVS
(PO,~ "',,"" C'"". """'" ", ,"".'" '''l'''. ro, Leg" S,,,,,re'l ~
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G/Acquisitions/AgentFormsandLetters/RiskMgmtReviewoflnsurance4/15/201 0/16/09
16D 4
A G R E E MEN T 11-5693
for
Child Advocacy - Supervised Visitation
THIS AGREEMENT, made and entered into on this --1~ day of ~J tA Y)Q 2011,
by and between Collier County Child Advocacy Council, Inc. d/b/a Children's Advocacy
Center of Collier County (CAe), authorized to do business in the State of Florida, whose
business address is 1034 6th Avenue North, Naples, Florida 34102, hereinafter called the
"Consultant" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. This Agreement shall begin on June 14, 2011, and terminate on
September 30, 2012.
2. STATEMENT OF WORK. The Consultant shall provide services in accordance with the
terms and conditions of Attachment "A", incorporated herein by reference. This
Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the
Consultant 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.
Services to be provided under this Agreement may include, but not be limited to, the
following:
a. Improve supervised visitation services, enhance security and expand
visitation center services.
b. Increase the ability for child protection services, courts and domestic
violence agencies.
c. Provide bilingual (English/Spanish) case manager and bilingual
(English/Spanish) visitation monitor for the underserved population as well
as translators for Creole.
d. Expand services to regularly scheduled office hours in Immokalee with
security for supervised visitation and safe exchanges.
3. COMPENSATION. The County shall pay the Consultant for the performance of this
Agreement a total amount of Three Hundred Nineteen Thousand and Thirty-Nine
Page I of9
16D 4
Dollars ($319,039) based on allowable expenses incurred. Payment will be made upon
receipt of a proper invoice and a signed affidavit from the CAC Executive Director,
attesting that the work has been completed and upon approval by the Project Manager
or designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
"Local Government Prompt Payment Act". Collier County reserves the right to
withhold and/ or reduce by an appropriate amount any payments for work not
performed or for unsatisfactory performance of the contractual requirements. The
budget for this Agreement is shown in Attachment "B", incorporated herein by
reference.
3.1 Payments will be made for services furnished, delivered, and accepted within the
contract period, upon receipt and approval of invoices submitted on the date of
services or at any time thereafter 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.
3.2 Allowable expenditures under the referenced grant are retroactively authorized
to October 1, 2009, the beginning of the grant period.
4. FUNDING REQUIREMENTS. The County and u.s. Department of Justice, Office on
Violence Against Women, have agreed that these funds will only be used to fund
projects that demonstrate expertise in the area of family violence, provide a sliding
scale fee for clients, demonstrate adequate security measures, and prescribe standards
and protocols by which supervised visitation or safe exchanges will occur.
5. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Collier County Child Advocacy Council, Inc.
d/b/a
Children's Advocacy Center of Collier County
1034 6th Avenue North
Naples, Florida 34102
Jacquelyn Stephens, Executive Director
Telephone: 239-263-8383
Facsimile: 239-263-7931
Page 2 of9
,-.. "'~"_'__'_."""""'__""_'_'._~_o....~__..._~._J~"'-'4.,_..
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All Notices from the Consultant 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 Department
3339 Tamiami Trail East, Suite 211
Naples, Florida 34112-5361
Attn: Marcy Krumbine, Director
Phone: 239-252-2273
Fax: 239-252-2638
The Consultant and the County may change the above contact information 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 Consultant or to constitute the Consultant as
an agent of the County.
7. CONDITIONS.
a. Special Conditions: The Consultant agrees to comply with the requirements set
forth in the Notice of Grant Award Special Conditions, Attachment" A".
b. Compliance with Local and Federal Rules, Regulations and Laws: During the
performance of this Agreement, the Consultant agrees to comply with any
applicable laws, regulations and orders listed below by reference and
incorporated and made a part hereof. The Consultant further agrees to abide by
all other applicable laws as outlined in the Notice of Grant Award, Attachment
"All,
8. SUBCONTRACTS. Any work or services subcontracted by the Consultant shall be
specifically by written contracts or agreements, and such subcontracts shall be subject to
each provision of this Agreement and applicable County, State and Federal guidelines
and regulations. Prior to execution by the Consultant of any subcontract hereunder,
such subcontracts must be submitted by the Consultant to Housing, Human and
Veteran Services for its review and approval. None of the work or services covered by
this Agreement, including but not limited to, Consultant work or services, shall be
subcontracted by the Consultant or reimbursed by the County without prior written
approval of the Housing, Human and Veteran Services Director or designee.
9. AMENDMENTS. The County may, at its discretion, amend this Agreement to conform
to changes required by Federal, State, County or Department of Justice, Office on
Violence Against Women guidelines, directive and objectives. Such amendments shall
be incorporated in writing as a part of this Agreement and be signed by each party's
designee. Except as otherwise provided herein, no amendment to this Agreement shall
be binding on either party unless in writing and signed by each party's designee.
Page 3 of9
16D 4
10. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. 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
and paid for by the Consultant. The Consultant shall also be solely responsible for
payment of any and all taxes levied on the Consultant. In addition, the Consultant 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 Consultant agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Consultant.
11. NO IMPROPER USE. The Consultant 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 Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant 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 Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
12. TERMINATION. Should the Consultant 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.
13. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
14. INSURANCE. The Consultant 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
Consultants; 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.
Page 4 of9
.-...--,-".- "_._""'-"~".--'~"""._---
16D 4
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 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 Consultant 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.
Consultant shall insure that all Sub-consultants comply with the same insurance
requirements that he is required to meet. The same Consultant shall provide
County with certificates of insurance meeting the required insurance provisions.
15. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
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 Consultant or anyone
employed or utilized by the 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.
16. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Housing, Human and Veteran Services Department.
17. CONFLICT OF INTEREST: Consultant 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. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
18. 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: Attachments U A" and "E".
Page 5 of9
16D 4
19. 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.
20. 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.
21. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Consultant 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.e. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Consultant 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.
22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portions of this Agreement
shall remain in effect.
23. 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 Consultant 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 Consultant 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 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
Page 6 of9
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiclop D 4
on all such matters.
IN WITNESS WHEREOF, the Consultant 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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
d:
(SEAt-) ....
,. . ast as .tP': Chll \ nildll \
}'\I""f;
ll\i)natlJ1'4! on.~
'-1_ II W. ~
By: -;ru.L.
Fred W. Coyle, Chairman
Collier County Child Advocacy Council, Inc.
d/b/a
Children's Advocacy Center of Collier County
Consultant
2i~ln~
561'~ ~"iS/-6C+-.....
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Approved as to form and
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ounty Attor:;J. ~
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Page 7 of9
16D 4
A TT ACHMENT A
Grant 2009-CW-AX-KOll - Related Documents
I. September 18, 2009 Grant Award Letter - 8 Pages
2. Signed Grant Acceptance - 8 Pages
3. Standard Assurances and Certifications - 4 Pages
Page 8 of9
TOTAL PROJECT COSTS
$319.039*
* Budget includes $183,199.56 in costs already reimbursed under previous Agreement and
renewals. Balance of $135,839.44 to be reimbursed under this Agreement.
Page 9 of9
.......--,
ACORD'"
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement 5 .
PRODUCER
Lutgert Insurance
PO Box 112500
Naples FL 34108
- Naples
NAME: _____Jessi.e__Cab..r:.era. __________
PHONE I~
lAIC No Extl:?19-7.fi2-7171 ~2.J...9-=-2...6.2...:-_23..6..Q
E-MAIL
APDRE~rp.Y'a.lfi)l ut:qp.rt: i nRUranCp. com
_ INSURER(SJ AFFORDING COVERAGE
~~~~--
INSURED
CHILD-2
I~URER A :S.c..o
-.!~~UREB_~_:F'J.Q.r.iQ.;t
INSURER C :
----
. Re..t~il
Children's Advocacy Center
Collier County Child Advocacy
1036 6th Avenue North
Naples FL 34102
INSURER D :
INSURER E .
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 528657024
REVISION NUMBER: 1
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BE~~_ REDUCED BY PAID CLAIMS - ----..-.--.---
iNSR - fADDL UBR I I&OLlCY- EFC - PDLlCYE~l !
L TR TYPE OF INSURANCE t INSR WVD POLICY NUMBER MMIDDNVYY MMIDD/YYVY LIMITS
A GENERAL LIABILITY )PSOO':'8817 7/1/n11 1/1/20]2 ! EACH OCCURRENCE $1, OOO,OOG
- !DAMAGE TO RENTED ----..-
X ~MMERCIAL GENERAL LIABILITY i PREMISES Eaoccurrence' $300,000
-
~.J CLAIMS-MADE D OCCUR '0.~!?_~>:.P (Ar:ry.?_n"e.p.~~s~~L ~~., 9.?~ ._.__..~- -,,-.--
PERSONAL & ADV INJURY $1,000, 000
,
-- I GENERAL AGGREGATE 1~!__000, O_Q.Q_~_~_
--~--~
fl'~ AGGREnE ILlMIT APPlS PER PRODUCTS - COMPIOP AGG JJ-_c..99_~-,-QQ..0 ---,-,--
H..___________._._
X POLICY PRO- LOC $
A AUTOMOBILE LIABILITY OPS00588U 7/1/2011 /1/2012 j~a accident $500,000
-
ANY AUTO SOOIL Y INJURY (Per person) "
-- ALL OWNED c- SCHEDULED I BOOIL Y INJURY (Per accident) I s
- AUTOS ~ AUTOS
X NON-OWNED rD~OPERTY DAMAGE ,
- HIRED AUTOS AUTOS .J.E'_eracCldenll
$
- UMBRELLA L1AB H ~CCUR EACH OCCURRENCE ,
EXCESS L1A~._------1 CLAIMS-MADE AGGREGATE ------ -$---~-- -
OED I I RETENTION $ --------
$
B WORKERS COMPENSATION 52029767 1/1/2011 1/1/2012 I ~ ' we STATU I JOTH
AND EMPLOYERS' LIABILITY Y/N TORY LIMITS-'_____ ._ER --~---- ------ _._.--_.--u_
ANY PROPRIETOR/PARTNER/EXECUTIVE D E_L EACH ACCIDENT $1. ODO,OOO
OFFICER/MEMBER EXCLUDED? NIA I
(Mandatory in NH) ~L. DISEASE - EA EMPLOYEE $1, 000,000
Ifye5,describellllder ,
DESCRIPTION OF OPERATIONS below , E.L. DISEASE - POLICY LIMIT $1,000,000
A Pro~essional Liability W800:;88l'1 1'7/l/::01L !7/l/2012 ILi,"i' 1,001:, :lDD
I !
:
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mora space Is required)
Certificate Holder is Additional Insured with respect to Genera] Liability.
CERTIFICATE HOLDER
CANCELLATION
Collier County Government Center - Human
Services Department
3301 Tamiami Trail East
Naples FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2010/05)
@ 1988-2010
The ACORD name and logo are registered marks of ACORD
16D 4
e
Department of Justice
Otflce on Violence Against Women
September 18, 2009
Washing/oll,D,C. 10531
Donna Fiala
Collier County
3301 Tamiami Trail East
BuildingJ
Naples, FL 34112
Dear Chairman Fiala:
On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office on Violence Against Women has
approved your application for funding under the Safe Havens: Supervised Visitation and Exchange Program in the amount of
$350,000 for Collier County, This award provides the opportunity for recipients to develop and strengthen effective responses
to violence against women. This cooperative agreement supports supervised visitation and safe exchange options for families
with a history of domestic violence, child abuse, sexual assault and stalking.
Enclosed you will tind the award package. This award is subject to all administrative and financial requirements, including the
limely submission of all fmancialand programmatic reports, resolution of all interim audit findings, and the maintenance of a
minimum level of cash-on.hand. Should you not adhere to these requirements. you will be in violation of the terms of Ihis
agreement and the award will be subject to termination for cause or other administrative action as appropriate,
If you have questions regarding this award, please contact Michelle B. Dodge at (202) 353-7345. For financial questions,
contact the Office of the ChiefFinancia] Officer, Customer Service Centcr(CSC) at (800) 458-0786, or by email at
ask.ocfo@usdoj.gov.
Congratulations. and we look forward to working with you.
Sincerely,
?1~'_.~
Catherine Pierce
Acting Director
Enclosures
16D 4
.
Department of Justice
Office of Justice Programs
Office for Civil Rights
W<uhingtol1.D.C. 20531
Sep~ber 18.2009
Donna Fiala
Collier County
3301 Tamiami Trail East
Building]
Naples, FL 34112
Dear Chairman Fiala:
Congratulations on your recent award In establishing financial assistance programs, Congress linked tbe receipt of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
is responsible for ensuring that recipients of financial aid from OJP, its comlX>nent offices and bureaWi. the Office on Violence Against
Women (OVW), and the Office ofCom.munity Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organi:mtion meet the civil rights requirements that come with Justice
Department funding.
Bnlurini: Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Profldency (LEP) Individuals
In accordance wilh Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of] 964,42 U.S.c. 9 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to lheir programs and activities for persons with limited
English proficiency (LEP). For more infonnation on the civil rights responsibilities that recipients have in providing language services to
LEP individuals, please see the website at http://www.1ep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 c.P.R. part 38, requires State Administering Agcncies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious
composition of its board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently
religious activities. While faith.based organizations can engage in non. funded inherently religious activities, they must be held separately
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not pennitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more infonnation on the regulation, please see OCR's
website at http://www.ojp.usdoj.gov/ocr/ettbo.hnn.
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case~by~ase basis, to require that its funding agencies pennit faith~based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
Enforcing ClvU Right' Laws
All recipients of Federal financial assistance, regardless of the particular funding source, thc amoWlt of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. [n addition, based on regulatory criteria, OCR selects a
numbel'" of recipients each year for compliance reviews, audits that require recipients to submit data showing that thcy arc providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.
Complying with the Safe Streeb Act or Proerllm Requirements
In addition Lo these general prohibitions, an organization which is a recipient of financial assistance subjecl to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 V.S.C. S 3789d(c), or other Federal grant
program requirements. must meet two additional requirements:(l) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. S 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. 9i 42.205(5) 0' 31.202(5)).
1) MeetinR the EEQP Requirement
In accordance with Federal regulations, Assurance No, 6 in the Standard Assurances, COPS Assurance No. g.B. or certain Federal grdnt
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has receivcd an award for 5500,000 or more and has SO or more employees (counting hoth full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR fOT review within 60 days from the
date oftJdsletter. For assistance in developing an EEOP, please consult OCR's wehsite at http://www.ojp.usdoj.gov/ocr/eeop.htm. You
may also request lecbnical assistance from an EEOP specialist al OCR by dialing (202) 616.3208.
If your organizalion received an award between $25,000 and $500,000 and has 50 or more employees, YOUT organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. [nstead, your organization has to maintain the EEOP on tHe and
make it available for rcview 011 request. In addition, your organization has to complete Section B of the Certification Fonn and return it to
OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
If your organization received an award for less than 525,000; Of if your organization has less than 50 employees. regardless of the amount of
the award; or if your organization is a medical instirution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. However, your organization must complete Seclion A of the Certification Form and
rerum it to OCR. The Certification Form can be found at http://www.ojp.usdoj.govJocr/eeop.htm.
2) Submitting Findings of Discrimination
In the event a federal or State court or Federal or State administrative agency makes an adverse fmding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, Of sex, YOUT organization must submit a copy
ofthe finding to OCR for review.
Ensuring the Compliance of Subreclplenb
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with a.ll of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination. and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate: that they are effectively monitoring the civil rights compliance ofsubrccipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307.
0690 or visit our website at hUp:llwww.ojp.usdoj.gov/ocrf.
Sincerely,
~).~
Michael L. Alston
Director
cc: Grant Manager
Financial Analysl
1604
.....'.'
... "
Department of Justice
Office of Justice Programs
Office aCthe Chief Financial Officer
Washington, D.C. 20531
September 18, 2009
Donna Fiala
Collier County
3301 Tamiami Trail East
Building J
Naples, FL 34112
Reference Grant Number: 2009-CW-AX-KOt I
Dear Chairman Fiala:
I am pleased to lofonn you that my office bas approved the following budget categories for the aforementioned grant award in
the cost categories identified below:
Category
Budget
Personnel
$18,863
$6,578
$5,520
$0
$0
$0
$319,039
$0
$350,000
$0
$350,000
Fringe Benefits
Travel
Equipment
Supplies
Construction
Contractual
Other
Total Direct Cost
Indirect Cost
Total Project Cost
Federal Fwuis Approved:
Non-Federal Share:
$350,000
$0
$0
Program Income:
Match is not required for this grant program.
16D4
If you have questions regarding this award, please contact:
- Program Questions, Michelle B. Dodge, Program Manager at (202) 353-7345
. Financial Questions, the Office of Chief Financial Officer, Customer Service: Center(CSC)
at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look fOlWard to working with you.
Sincerely,
I/~",,- ~ '<~
Marcia K. Paull
Chief Financial Officer
16D 4
~
Department of Justice
Office on Violence Against Women
Washillgtol1,V,c. 10531
Memorandum To: Official Grant File
From:
Mamie R. Shiels, Environmental Coordinator
Subject:
Categorical Exclusion for Collier County
The Safe Havens: Supervised Visitation and Safe Exchange Grant Program (Supervised Visitation
Program) was authorized as a two-year pilot program under the Violence Against Women Act of
2oo0(V A W A 2000) to increase supervised visitation and exchange options for families with a history of
domestic violence, child abuse, sexual assault or stalking, The Program was reauthorized in 2005 with
the passage of the Violence Against Women and Department of Justice Requthorization Act 0[2005
(VA W A 2005). Eligible applicants for the prognlm include states, Indian tribal governments, and units
of local government. By statute, projects funded under the Supervised Visitation Program must
demonstrate expertise in the area of family violence, provide a sliding fee scale for clients, demonstrate
adequate security measures, and prescribe standards and protocols by which &'Upervised visitation or safe
exchanges will occur.
None of the following activities will be conducted under the OVW federal action:
I. New construction.
2. Any renovation or remodeling ofa property either (a) listed on or eligible for listing on the National
Register of Historic Places or (b) located within a JOO-year floodplain.
3. A renovation which will change the basic prior use of a facility or significantly change its size.
4. Research and technology whose anticipated and future application could be expected to have an effect
on the environment.
5. Implementation ofa program involving the use of chemicals.
Consequently, the subject federal action meets the criteria for a categorical exclusion as contained in
paragraph 4(b) of Appendix D to Part 61 of the Code of Federal Regulations (adopted by OVW at 28
CFR S O.122(b)).
e
-- --~'-~I
~pa~entofJustice
Office on Violence Against Women
16D 4
-I
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
Cooperative Agreement
__ ____ I:;;;~;;~--- -r PAGE 1 Of
This projcct is supponed under 42 U.S.c. 10420 (OVW - Supervised Visitation)
~
; L
I
r,1I TITLE OF THE PROGRAM
I~'''.~''- ,_._~~-
STAFF CONTACT (Name & (elepbonc: number)
Michelle B. Dodge
(202)353-7345
2. PROJECT DIRECTOR (Name, address & telephone number)
Mart;Y KlUmbinc
Director
3301 Tamiami TllIi] East
BUilding H, 2nd Floor
Nllples,FLJ4112
(239)252-8442
Jb. POMS CODE (SEE INSTRUCTIONS
ON REVERSE)
I
_1
~~ --
14. TI1LE OF PROJECT
Collier County Slife Havens Supervised Visitation llCld Safe: Exchange Program
rN~::;Z~: :~:::~
Naples, FL 34112
r7-."PROGRAM PERlOO --------
1-, ::;:NTOf Aw::n~_~~~9~onOl~_
S 350,000
11, SECOND YEAR'S BUDGET
13. THIRD YEAR'S BUDGET PERIOD
_ r~'-'~;"-'-
i 8. BUDGET PERIOD
I
FROM:
10/0112009
TO: 09130120]2
-+iO.DATEOF AWARD--
09/1812009
12. SECOND YEAR'S BUDGET AMOlTh'T
I
u~1
I
14. THIRD YEAR'S BUDGET AMOUNT
r- ---- --- - - _..1_ -- -- -- - ----
15 SUMMARY D~SCR1PTlON OF PROJECT (See U1IItruf;tJOlI on rever&e)
The Safe Hllvens SUpc1'Vlsed VI81tatJOn and Safe Exchange Gran! Program (SupclVlI.cd VlsltlltHm Program) was lIuthonzed as II two- year pIlot program under the
VIolence Agamst Women Act of 2000 to IJlcreasc supcrvi5ed vlsllllhon and exchanie options for fllrmhes With II blstory of domesltf; vIolence, chl]d abuse, sexual
assault or stlllking. The Program was reauthorized in 2005 with the pltssllge of the Violence AglliJlllt Women AcI2005. Eligible appli<:llIlls for the program include
stales, Indian triblll govemmcntll, and units of local govemmenl By statute, projects funded under the Supervised Visitation Program must demol1l>!rate e;(pcJti~ in
the ~ of family violence, provide II sliding fee lOCale for c1ienb, demonstrate adequate security measures, and prescribe standards and protocols by which
5Ilpcrvised visitation or safe exchanges will occur.
OJP FORM 400012 (REV. 4-88)
In FY 2007, Collier County and its collaborative pllltrn:nl received OVW funding to support supervised visitation WId safe exchange services in llie 20lh Judicial
Circuit. Funding from this FY 2009 cooperative agreement will enable the collaborative to increase options for supervised visil.lltiOfl and safe exchange, reduce acts
--.- -~--~ --- -_._~- ------
_~~___~_____16 D 4
of violence and intimidation, and contribute to the wc:ll being ofvicIUn5 of dome5til; violence lU1d their children. Collier c.,unty will serve as the fiaclllllnd
implemcntingagenL-yforthiRprojeCI.
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16n 4
l-enmcatlons
Pagel Of316 D
NOTE: You must click on the "Acceat" button at the bottom Qf.~page before closlna this window
hl>U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE CHIEF FINANCIAL OFFICER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants shouid refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certifICation included in the regulations before completing
this form. Acceptance of this form provides for compliance with certification requirements under 28 CFR Part 69,
"New Restrictions on Lobbying," 2 CFR Part 2867, "DOJ Implementation of OMB Guidance of Nonprocurement
Debarment and Suspension," and 28 CFR Part 83, "Government-wide Debarment and Suspension," and
Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a
material representation of fact upon which reliance will be placed when the Department of Justice determines to
award the covered transaction, grant, or cooperative agreement.
1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented et 28 CFR Part 69, for
persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the
applicant certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for infiuencing 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 making of any
Federal grant, the entering Into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal grant or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for infiuencing
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 grant or cooperative
agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities,"
in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be Included in the award documents for all
subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and
subcontracts) and that all sub-recipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and Implemented at 2 CFR Part 2867, for
prospective participants In primary covered transactions, as defined at 2 CFR Section 2867.20(a):
A. The applicant certifies that it and Its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of
Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal
department or agency;
(b) Have not within a three-year period preceding this epplication been convicted of or had a civil Judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a publiC (Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft, forgery. bribery, falsification or
destruction of records, making false statements, or receiving stolen properly;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State, or local) with commission of any of the offanses enumerated in paragraph (1)(b) of this certification; and
https:l/grants.ojp.usdoj .gOY IgmsextemalldisplayAssurancesTextAction.st?method=certify. .. 9/23/2009
Certifications
page~o~ D 4
(d) Have not within a three-year period preceding this application had one or more public transactions (Federal,
State, or local) terminated for cause or default.
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1966, and implemented at 26 CFR Part 63, Subpart F, for
grantees, as defined at 26 CFR Sections 63.620 and 63.650:
A. The applicant certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition;
(b) Establishing an on-golng drug-free awareness program to inform employees about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabiiltatlon, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making It a requirement that each employee to be engaged In the performance of the grant be given a copy of
the statement required by paragraph (a);
(d) Notifying the amployea in the statement requirad by paragraph (a) that, as a condition of employment under
the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such conviction;
(e) Notifying the agency, In writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notica, including position litle, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk,
610 7th Street, N.W., Washington, D,C. 20531. Notice shall include the identification number(s) of each affected
grant:
(I) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted
(1) Taking appropriate personnel action against such an employee, up to and Including termination, consistent
with the requirements of tha Rehabilitation Act of 1973, as amended; or
(2) Requiring such employea to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a), (b), (c), (d), (e), and (I).
https://grants.ojp.usdoj.gov/ gmsextemaVdisplay AssurancesTextAction.st?method=certify... 9/23/2009
\,;emncatlons
Page 3 o~ 6 D '"
As the duly euthorlzed representative of the applicant, I hereby certify that the applicant will comply with the
above certifications.
-
https://grants.ojp.usdoj. gov/gmsextemalldisplayAssurancesTextAction.st?method=certifY ,.. 9/23/2009
Assurances
Page It6 D 4
NOTE: You must click on.t!!t.~ptn button at thaMttom of the page before closing this w.!n.!!.Qw
.....
....,
OMB APPROVAL
NUMBER 1121-0140
STANDARD ASSURANCES
The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies,
guidelines, and requirements, InclUding OMS Circulars A-21 , A-87, A-l02, A-110, A-122, A-133; Ex. Order 12372
(intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for
grants and cooperative agreements). The applicant also specifICally assures and certifies thaI:
1. It has the legal authority to apply for federal assistance and the institutional, manageriai, and
financial capability (including funds sufficient to pay any required non-federal share of project cost)
to ensure proper planning, management, and completion of the project described In this application.
2. 1\ will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational connict of interest, or personal
gain.
3. 1\ will give the awarding agency or the General Accounting Office, through any authorized
representative, access to and the right to examine all paper or electronic records related to the
financial assistance.
'4. It will comply with all lawful requirements Imposed by the awarding agency, specifically including
any applicable regulations, such as 28 C,F.R. pts. 18,22,23,30,35,38,42,61, and 63, and the
award term in 2 C,F,R. ~ 175.15(b).
5. II will assist the awarding agency (II necessary) in assuring compliance with section 106 of the
National Historic Preservation Act of 1966 (16 U.S.C, ~ 470), Ex. Order 11593 (Identification and
protection of historic properties), the Archeological and Historical Preservetlon Act of 1974 (16
U.S.C.!i 469 a-1 et seq,), and the National Environmental Policy Act of 1969 (42 U.S.C.!i 4321).
6. 1\ will comply (and will require any subgranlees or contractors to comply) with any applicable
statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. !i 3789d); the Victims of Crime Act (42 U.S.C. !i 10604(e));
The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. !i 5672(b)); the Civil Rights
Act of 1964 (42 U.S.C. ~ 2000d); the Rehabilitation Act of 1973 (29 U.S.C, ~ 7 94); the Americans
with Disabilities Act of 1990 (42 U.S.C. ~ 12131-34); the Education Amendments of 1972 (20 U.S,C.
~~1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. % 6101-07); see Ex.
Order 13279 (equal protection of the laws for faith-based and community organizations).
7. If a governmental entity:
a. it will comply with the requirements of the Unlfonm Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 U.S.C. ~ 4601 et seq.), which govern the treatment of persons
displaced as a result of federal and federally-assisted programs; and
b. It will comply with requirements of 5 U.S.C. !i!i 1501-08 and!i!i 7324-28, which limit certain
political activities of State or local government employees whose principal employment is In
connection with an activity financed In whole or In part by federal assislance.
...
https:llgrants.ojp.usdoj .gov/gmsextemal/display AssurancesTextAction.st?method=assure... 9/23/2009