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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 ~ w~\" 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.,_.. 16D 4 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+-..... tType et I By: ~(~ ~~gnature --:')~~\'l'lJt'VH__l5>. ~~~'/ Typ Q signature and tit e (!bQ U.w..,VV1Q.. h ~L-T~ tType/print witness n et Approved as to form and I~fficie ounty Attor:;J. ~ /' ~~11. fL ~ "~'-"~LI ',-.oC Print Name ll'3m # -Ua-U~ AfJ8r.da b I,Ll \ I I Di:lt'3 !!.f~D-p \ b--\-11 "'''~'_.''''''"'''''-'''"'''''~''~''-'''' 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. CAfNCF e-o'- 0f'Ib 011 Vlw-. ApbI WOGIIIJ "'D. , ." 0f'Dce.. VIoIe___ AplDrt Cooperative A&nement W...... I. KB::U'UlNTMAMlANDADOUSI~D,Cadli) 4.A'WAJlDJlltDGD: JQOP.CW-AX-K011 """""- UOI.,.....IT..aIlul.lIildlql J. PlOJECT '!dID: now IMllnoot TO ow>>1011 N....I'LJllll '''1/1009 TO twIJOOon. BUDOIT PllJOD: ,..ow f.A'WAKDDATB ......- 7.ACTlON IA.GL\H11II~NO. ..................... I.itiol -, GO t. PRIMOOIAWAID AMOiJHT so J.rllOllC1''tI1'L& IG.ANOUNTO' nos AWMD S3.50,_ Col_CtuII1 w.au... iIupIrflM. v................... ""- II. 10TAL AWAJI.D $3:10.000 11. II'IOAL 00NDn1QIr4 TKlUOVl QaAHT ncIZICT IS Al'PAQVIlD 1UNa::T 10 ItIOI CONDn1OHJc. UMlTA TJONI M AU SET POI. m ONTHJAlTAO:DlDPo\01t(I). -. I), ITAft1fOI.Y A\mIDUJ'YI'OaOU,JO' nll.....................uU...c.1DGOepvw. ~Vllilall.-) IS. MIn'HOD Of PA YMIXT ...... """",,,,""""'AL _ACalPrAHCll I" TYPID NAMa AND Tl1L8 01 AI'I'ItO'YI<<J Of'PICW. 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Socticla42.J0:2),1bIc IIl1pPf'OYtl1by.Ibo01lloe (QrCivil JUabII. ill \'101'" of U. c.ti&.d A.NutIDccI ud. ma)' ,.\IlI iall&lpClMJoa cr tenDiaIdaa of f\mdblc. IUdiI IUl:h IIimoI u IIIe NCI.... 10 10_ 3. n........... to COIlIIIlb' wiIII_ ......-._o.l.._~t..db......... orOMB CimJlu' kl:J3, Audita of SIaIa,. ...... (k.. \ _NCJDoI'ntG~OII_ . 1'lf.... 6abI'........ ........lbltflDda may_wlthbeJd.or __.... ~1U1- bqIoMd. if..........1IIlIh __ (l(III)') tram OMB CircWU' ^~l)] atdtl(1ad .,............olOlP..."-II)..DOI~1y IDlIprQIIfldylddMMd.u ftlWdoICribodla b CUI1'aIt dtka oftllo OJP Fiamclal o.idI. CbIpe. 1 t. 4. Rocipjcot WlIIorItaDdI...~.. is CIIal& ""lIlY AdenI &DdI. ...~cr~.1a .Pl*'oI" ~.......-..c""" or~flfall)'''w.~orplitl1q'.atq~lotpwnuacal:wftboQtt:bo upNI priarwriltla appm'II olOVW. blorder lDaWJi4 ~ of II use, 1913. n. NCipiaDt may. bowoww, lJICl ~ftU lD~wi.""pnMdiJblfomalillDegPodonl. 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AU IUkdaIIIDlI JlI"klu...~~ (wa_ vial. -load) ~ &am .wwdlCtt.tdcllball C1ODII.ill tbt IoUowfaa ----= "'I1aI&...... wu IlIppllrtelI..:r..OraaINo. .....by... Oftioc.. V10IcDce ApiaKWameo.u.s.~alJ 'I1M:opJaicI>>.llDdlstp.-I..-~.ud_ .i'I_CK:pI'CIINdJQ Ihi& ,......i-.:~~dca..... oI....1Udlar(a) ud. do DOt.....n11 Nllecta. viMn 01_ Dip....1Il otl~ om.OG vw.c. ApIu& w.... OJrP'OraM4Illr.I(UY.4-II) 1 . ~or,.... omo. oa vw- ApmIl w... AWARD CONTlNllATION SUBET Cooperatl.. .\p'eeIIIcII1 ,AGa ! CP . raoacr...... 1llDH:W..,tWU11 Aw.upD.\lI WI.,... SPBClAI. COND/TlON$ II. WIIhlII45 dayI""" eD4t1laay CIlldnDDc.........1IICNIS, ___.~ tniaiDllCliril)', or Iimi&ar neDI ..... __ dab awudolllll 1M ID&II CQltotwt&idl..... 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V1oJ.cc Apiaa Wcmca (OVW) bu clac:lDcllD.....bIto. Coopcndv. ~ with Colli<< c:u.ur.... i&I proJec& pItIDu& to __ &VIlilablo..,.m-l...wr.dao...........w.1'ot victinla of ~ vIoLmu. cbiId.... .-UllUlAlt. _.........1tal1dIlJ. nu.~Na.:u..arooaDlUlulJ, ...... w iDcnuixII die ea&It7... wtJl.W8c alWltlllll'" IMir 1IiIUdnID.....1~ v~Md ute &ICIluto& 'I'M nwd __ WalDIA1,d;_ "OVWwOl play.llIbIWdiaJ.. ia 1Ilap!a, ud moakadDa;" "'*"" STATBNIIHI' OP JIBDBIAL INVOLVBMBNT 1'bI 0fIk:t GD VIoIIDl:II AaaiDIt w__ (OVW) wU1: I. fm'ilIc lbIlCI'VicoI of.'eckal PnlpuD ap.lII......... poIaI glClDmCt rord. ~1ioR oIiQ; -- a.MoUor......~UllS.. i .~-- ....1IUIU..~6IncdoaJllJII"diDI..".pct. J.IleviiiIw_IlppftMl__ton.Iot'''lIII&WiIII~iD~wWldWJlI'O~ 4. Pfovide iapDt" rHINc:c" project.. ~ u4 _wI)" IDODhor tbepnljlCtbyJDllCbodl iDctudiaa but IIOt 1iml.tD4 ta_......._..naiplaal. 5. Appr'O'4 ai_a dalII 0,.11 proJoctrdlkd ICIIMtiCI. OII'PO&M<<lIJlII2(UV...a) 16D4 . ~orhl&lo om._VlolIrIllI~W__ ,AOI 1 OJ' . 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TonqllDlt IPPfO"t'II. paIoIlllllllllt IUbmIt, OrUltA4i_tHodoI (OAH)1'IlIlIIIl1IINuaIa _0raatI U__.,--'SyI1om 10 OVW wt&h . 0lIfJ1 of _..... brodwe. clllllou.lln Ml4Iar ........ . dNcrIpdoa or_ brim IIlI' nmea._ .. ..ciawed ~ otOOlla. ThlQAN........bI......100'IW.__20dq.Mberql~l:ltcbomatil .me. AppnmJ to........oVW...-..s propmII wiD bt pv. eel ~_ bull. ..iDl&lrClMf:pDt6lDdlwillba....aolllPPOft~YII1taIiaDIaIi.r.viaitadoaPd-aaor~by- ~pINDIIi ialitultioal inYOlWl&dDmcIU.,io~cIdW........-.ull, orllllJkia&.la.~witb 42USCI_.._.......-_......._looIlviduol---- .mx:.dao, aIppOII pulCIlI or ~.~ ,...... may DIll....... vidal to ,..tocllMlldclG or QCb<< ........- 9. BDIWIIbIt pIQ& l\aDdI wtI DOt bt.... topro\'idc odilto or ovaIabtvilllltiGll...n... Ofl'aictvilUldoa IDctudct, tIuI..IdIbnltDclw.III)'......vIII&.....&abIldllllta~,....1bItooc:unOWide Il.-prcm1toI of dill ~....-. 0vwaIabc vIIlCIdaD.us.. bulit_ Uml_lD, UI)' sODIIond YiIit bctweea. dilld.. a IlOQo. CUIkldlaI ~ lhfItoocun GUtIld.or...ocmaJ apIRIiItallow'l Dr"", YlWtioD__. ClIP JO&M4lllllto'J(UY.4-U) (8 _or_ omoe 00 V~ApiaII Womea AWARD CONTINUATION SBUT Coep...Uve Aareem_t PAOlI , OF I 1amICT..... )OOf.CiW..u.&oJI A'fIAM)DAU 0tII1lJClllI SPJ!.CUL CiJNDn10N11 21. STAT1IYI!NTOP REClPIBNTllBSPONSIBDn'DIS. caat 10. ~Iop tn.1 all'ilUtiaalwiIh~lWwiD be IWcltoproYidcacmc. MdOOlll\IUatioolDlb. ....... ill dleirwork with cWIM. IIl4paNaIL ~,,,,,,,,""IIIblbUIb. CCIaIIlIw. commiItIlo tbU __Ia..__'O;W........___.........._.... _.aw..-..__..tY.-yrorriodma.'_........._...__.... -........ II. """""....-..-.......-..111_................_...___ ..... pIIIQIM"'" of~......Ibr....~ otlllplrYiled vWIIdoa pnlIpmII 1lI'''''' viIUaUoG ..- 12. Aar- tbII it.. In c:bIIpd for.. ofpll'OlmlN or..me... .., ... cbqId.1DIIIt be tlued OIl the Iocomo of1bc ~"'1IIo""""CI'~ __o~pnwidId.,.oourtonSer. 13. Banudlt "..,prqjOct1l ~..iIrlpLaMIIIellia..1IIIIDrMI'1bIt. ClOIIIiIUotwilb IbI CJuidUl& .....1pIoo.,.._-.........'" ClIIIdIoa_.......,.._IWl-... _or............VbI_.........""'.............__rorovw_ ............ ... ~...... wIdU. sba Ouidiq PriIIDlpl-... ~ III "pocIplICdQII wt.. ~.. DlMIdI or ~ MIl......... c... Aa:IlW __ dMI'.,.m..I YIIt__ PIv.,.a ClIIl ..... tIlOlNItP4 \0 JO """"'_--"'GuIdIoaPrloclploo. OJPI'CIUoI....,(UY.~ 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