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Agenda 09/22/2020 Item #16D11 (CCSO Agreement for COVID Emergency Supplemental Funding Program)
09/22/2020 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an agreement between the Collier County Sheriffs Office and the Collier County Board of County Commissioners utilizing funds from the Department of Justice FY20 Bureau of Justice Assistance COVID-19 Emergency Supplemental Funding Program in the amount of $201,265. OBJECTIVE: To use grant funding to purchase and reimburse Personal Protective Equipment (PPE) for the Collier County Sheriff's Office. CONSIDERATIONS: On March 30, 2020, the Bureau of Justice Assistance (BJA) issued funding allocations to multiple counties in the state of Florida for the Emergency Supplemental Funding Program in response to the COVID-19 pandemic. The County manager approved submittal of the application on May 26, 2020, and the application was ratified by the Board of County Commissioners (Board) as an after the fact on June 9, 2020, Agenda Item #16D7. On June 2, 2020, the Department of Justice awarded Collier County funding in the amount of $223,627 under this program. Funding is available from January 20, 2020 through January 31, 2022. The funding will be used by the Collier County Sheriff's Office to purchase PPE for deputies. The PPE purchased is to specifically minimize the deputy's exposure to pathogens while on duty, thus providing a safer working environment. The Collier County Sheriff's Office additionally will use the funding for providing proper training to deputies for using the PPE. Training will include educating officers on the donning and doffing of PPE as well as the risk of self -contamination and will allow deputies to remain aware and properly informed of regulations when using PPE. By purchasing PPE and providing necessary training, CCSO will be better prepared for the next year with preventative measures and safer protocols in dealing with COVID-19. Collier County Community and Human Services (CHS) Division will retain ten percent (10%) to support the administration and reporting activities associated with the grant administration. It is necessary to execute the agreement prior to October 1, since the expenditures were incurred in the current FY. Failure to do so may negatively impact CCSO's financial statement and single audit for FY 2020. The agreement allows for the Sheriff's office to be reimbursed for expenditures retroactively to the effective date of the award. FISCAL IMPACT: The proposed action described in this Executive Summary has no new Fiscal impact. The funding source for the grant is the Bureau of Justice Assistance, U.S. Department of Justice, and is available in Human Services Grant Fund (707) Project (33704). There is no match required for this grant. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Item. LEGAL CONSIDERATIONS: This Item has been approved in form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To approve and authorize the Chairman to sign an agreement between the Collier County Sheriff's Office and the Collier County Board of County Commissioners utilizing funds from the Department of Justice FY20 Bureau of Justice Assistance COVID-19 Emergency Supplemental Funding Program in the amount of $201,265. Packet Pg. 1580 09/22/2020 Prepared By: Ed Bonilla, Grants Coordinator, Community & Human Services Division ATTACHMENT(S) 1. Subrecipient Agreement CAO Stamped rt (PDF) Packet Pg. 1581 16.D.11 09/22/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.I I Doe ID: 13578 Item Summary: Recommendation to approve and authorize the Chairman to sign an agreement between the Collier County Sheriffs Office and the Collier County Board of County Commissioners utilizing funds from the Department of Justice FY20 Bureau of Justice Assistance COVID-19 Emergency Supplemental Funding Program in the amount of $201,265. Meeting Date: 09/22/2020 Prepared by: Title: Grants Support Specialist — Community & Human Services Name: Joshua Thomas 09/15/2020 3:35 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 09/15/2020 3:35 PM Approved By: Review: Community & Human Services Operations & Veteran Services Public Services Department Grants Public Services Department County Attorney's Office Office of Management and Budget Grants County Attorney's Office Budget and Management Office County Manager's Office Board of County Commissioners Kristi Sonntag CHS Review Kimberley Grant Level 1 Reviewer Todd Henry Level 1 Division Reviewer Erica Robinson Level 2 Grants Review Steve Carnell Level 2 Division Administrator Review Jennifer Belpedio Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Therese Stanley Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Ed Finn Additional Reviewer Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 09/15/2020 3:40 PM Completed 09/15/2020 5:22 PM Completed 09/16/2020 7:58 AM Completed 09/16/2020 8:04 AM Completed 09/16/2020 8:12 AM Completed 09/16/2020 8:19 AM Completed 09/16/2020 8:42 AM Completed 09/16/2020 8:57 AM Completed 09/16/2020 9:09 AM Completed 09/16/2020 9:45 AM Completed 09/16/2020 11:12 AM 09/22/2020 9:00 AM Packet Pg. 1582 16.D.11.a FAIN # 2020-VD-BX-1629 Federal Award Date 06/02/2020 Federal Award Agency DOJ-Bureau of Justice Administration BJA CFDA Name Coronavirus Emergency Supplemental Funding Program (CESF CFDA/CSFA# 16.034 Total Amount of Federal Funds Awarded $201,265.00 Subrecipient Name Collier County Sheriff's Office DUNS# 18-7217526 FEIN# 59-6000561 R&D No Indirect Cost Rate No Period of Performance 01120/2020-01131/2022 Fiscal Year End 09/30 Monitor End: 3/2022 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY SHERIFF'S OFFICE (CCSO) THIS AGREEMENT made and entered into on this _ day of 2020, by and between Collier County, a political subdivision of the State of Florida, (COUNTY or Grantee) having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Sheriff's Office (SUBRECIPIENT), having its principal office at 3319 Tamiami Trail East, Naples, Florida 34112. . WHEREAS, the COUNTY has received an Award from the U.S. Department of Justice, Office of Justice Programs (OJP) for the execution and implementation of the BJA FY 20 Coronavirus Emergency Supplemental Funding Program (CESF); and WHERAS, pursuant to the aforesaid award, the COUNTY is undertaking certain activities to assist the community in navigating the impact of the COVID-19 outbreak; and WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the SUBRECIPIENT, is qualified to receive Program funding; and WHEREAS, the COUNTY and the SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking of the Sheriff's Department PPE project. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and agreements herein set forth. Collier County Sheriff's Office Sheriffs Department PPE Project (PPE) BJA-CV-20-001 Page I of d0 C� Packet Pg. 158fl 16.D.11.a PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing BJA assistance, as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Sheriff's Department PPE Project (PPE) Description of project and outcome: The Coronavirus Emergency Supplemental Funding (CESF) Program allows support of a broad range of activities to prevent, prepare for, and respond to the coronavirus, Collier County Sheriff's Office will use the BJA Coronavirus Emergency Supplemental Program to pay for the precautionary measures and personal protective equipment specific to minimizing exposure to pathogens and protecting its Deputies. Supplies include but are not limited to: cleaning and disinfecting supplies, gowns, gloves, N95 respirators, safety glasses/goggles, thermometer, foggers, and masks. Project Component One: Personal Protection Equipment 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed schedule for the implementation of the project. B. The following resolutions and policies must be submitted to CHS within sixty (60) days of this Agreement: ❑ Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ® Procedures for compliance with the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy ® Limited English Proficiency Policy (LEP) ® Personally Identifiable Information Breach Policy (P11) C. The Special Conditions are detailed in Part IV, Sections 4.1 through 4.36 1.2 PROJECT DETAILS A. Project Description/Project Budget Collier County Sheriffs Office Sheriffs Department PPE Project (PPE) BJA-CV-20-001 Page 2 of40 Packet Pg. 1584 16.D.11.a Description Federal Amount Personnel (hiring, overtime, etc. $ Training & Travel $ -Equipment law enforcement PPE $ Supplies loves, masks, sanitizer, etc.) $201,265.00 Medical needs of inmates $ Other: $ Total Federal Funds: $201,265.00 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Maintain and provide to the COUNTY, as requested, beneficiary documentation ® Provide Monthly Reports on project progress ® Ensure attendance by a representative from executive management at partnership meetings, as requested by CHS. ® Identify Lead Point of Contact/Manager for the project. ® Ensure project sites are Section 504IADA accessible A. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 agreement Agreement execution Insurance Insurance Certificate Within 30 days of Agreement Exhibit A execution and Annually within thirty 30 days of renewal Detailed project implementation Project Schedule Within sixty (30) days of schedule A reement execution Progress Report Exhibit C 10" Day of each month Financial and Compliance Audit Exhibit D Annually, nine (9) months for Sin le Audit B. Payment Deliverables Payment Deliverable Payment Sgporting Documentation Submission Schedule Project Component 1: Personal Submission of supporting documents 10"' Day of each Protection Equipment must be provided as backup, as evidenced month. by invoices/receipts, bank statements, check stubs, and any other additional documentation, as requested and Exhibit B. Cost Price Analysis documentation. Prior to any purchase of $250,000.00 or more. Collier County Sheriff's Office Sheriff's Department PPE Project (PPE) BJA-CV-20-001 Page 3 of40 Packet Pg. 1585 16.D.11.a 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on 01/20/2020 and end on 01/31/2022. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available TWO HUNDRED AND ONE THOUSAND, TWO HUNDRED AND SIXTY-FIVE DOLLARS AND 00 CENTS ($201,265.00) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between line items shall not be more than 10 percent of the total funding amount. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CESF funds until finds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles, supplemented by DOJ in 2 CPR Part Collier County Sheriff's Office Sheriff's Depariment PPE Project (PPE) BJA-CV-20-001 Page 4 or40 Off' Packet Pg. 1586 16.D.11.a 2800, For the purposes of this section (Section 1.5-Cost Principles) of the Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENT shall follow 2 CFR Subpart E-Cost Principles. The SUBRECIPIENT shall pay all sales, consumer, use, and other similar taxes associated with the work or portions thereof, which are applicable, during the performance of the work. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Ed Bonilla, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Ed.Bonilla@colliercoutityfl.gov colliercountyfl.gov Telephone: (239) 252-5713 SUBRECIPIENT ATTENTION: Kevin Rambosk, Sheriff Collier Comity Sheriff's Office 3319 Tamiami Trail East Naples, FL 34112 Email: Keviii.Rat-nbosk@colliersheriff.org Telephone: (239) 252-9300 Remainder of Page Intentionally Left Blank Collier County Sheriff's Office Sheriff s Department PPE Project (PPE) BJA-Cv-20-001 Page 5 of40 10 Packet Pg. 1587 16.D.11.a PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. The SUBRECIPIENT must fi►Ily clear all deficiencies noted in the audit report within 30 days of receipt of the report. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits, The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with DOJ requirements to determine compliance with the requirements of this Agreement, the Coronavirus Emergency Supplement Funding - Sheriff's Department PPE Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to: A. All records required by DOJ/BJA regulations. B. SUBRECIPIENT shall keep and maintain public records that would ordinarily and necessarily be required by COUNTY to perform the service. C. The SUBRECIPIENT shall make available to COUNTY or CHS at any titne upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall maintain all documents and records in an orderly fashion, in Collier County Sheriff's Office Sherift's Department PPE Project (PPE) BJA-CV-20.001 Pagc G of40 Packet Pg. 1588 16.D.11.a a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim, or audit that is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement, it shall notify the COUNTY, in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.336. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt or confidential public records that are exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Micliael.Cox a,colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. The SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. F. SUBRECIPIENT shall document how it is compliant with the eligibility requirement(s) tinder which funding has been received. This includes DOJ/BJA special considerations and reporting requirements. G. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are exempt from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term of the Agreement, SUBRECIPIENT shall submit to the COUNTY an annual Single Audit report (Exhibit D) no later than nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. Collier County sheriffs office Sheriff's Department PPE Project (PPE) 13JA-CV-20-001 Page 7 of 40 ta� Packet Pg. 1589 16.D.11.a SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or DOJ to enable CHS to evaluate said progress and to allow for completion of required reports. The SUBRECIPIENT shall allow CHS or DOJ to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or DOJ. COUNTY will monitor the performance of the SUBRECIPIENT to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the fiords provided under this Agreement, further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide DOJ, the DOJ Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents for monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to COUNTY, or any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or make acceptable progress on such corrective action plans. Collier County Sheriff's Office Sheriff's Department PPE Project (PPEJ BJA-C V-20-001 Page S of40 d ti-i ti Packet Pg. 1590 16.D.11.a To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. Its escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT and requires a corrective action plan be submitted to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, to correct the noncomplianec issue. 2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of five percent (5%) of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be considered in violation of Resolution No. 2013-228 3. If the SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail; CHS may require a portion of the awarded grant amount or the amount of the DOJ investment for acquisition of any properties conveyed, be returned to CHS. • CHS may require upwards of ten percent (t0%) of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228 4. If after repeated notification the SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board for immediate termination of the Agreement. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that Nvas terminated. This includes Collier County Sheriff's Office Sheriffs Department PPE Project (PPE) BJA-CV-20-001 Page 9 of40 Packet Pg. 1591 16.D.11.a the amount invested by the COUNTY for the initial acquisition of any properties or other activities. • The SUBRECIPIENT will be considered in violation of Resolution No. If the SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit monthly progress reports to the COUNTY on the loth day of the month, following the end of the reporting period. As part of the report submitted in October, the SUBRECIPIENT agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities, aiid expenditures including but not limited to, performance data with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee, in the event of Program changes, the need arises for additional information or documentation, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank Collier County Sheriff's Office Sheriff's Department PPE Project (PPE) BJA-CV-20-001 Page 10 of40 Packet Pg. 1592 16.D.11.a PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgement. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with all DOJ/BJA, PPE Program requirements, and PPE Program Application provisions. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employce between the parties. The SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Board of County Commissioners. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from CESF grant funds and must be implemented in full compliance with all DOJ/BJA rules and regulations and any agreement between COUNTY and DOJ/BJA governing CESF funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal finds, or the reduction of funds awarded by DOJ/BJA to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the finds are no longer available. Collier County Sheriff's Office Sheriff's Department PPE Project (PPE) BJA-CV-20-001 Page 11 of 40 O Packet Pg. 1593 16.D.11.a In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action, which may arise out of an act or omission 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 SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or relnedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue there- on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digitally prepared, released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF JUSTICE (DOJ) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding (lie development team, to the public. Any construction signs shall comply with applicable COUNTY codes. 3.8 DEBARMENT AND SUSPENSION The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Debarment and Suspension and 2 CFR 200.213, as further detailed in Section 4.18. Collier County Sheriff's Office Sheriff's Department PPE Project (PPE) BJA-CV-20-001 Page 12 of40 Packet Pg. 1594 16.D.11.a 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and DOJIBJA guidelines, policies, or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission to the COUNTY of reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the Project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of, or change in, professional property management; C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all grant ftmds that SUBRECIPIENT has received under this Agreement; D. Apply sanctions, if determined by the COUNTY to be applicable; E. Stop all payments, until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the Collier County Sheriffs Office Sheriffs Department PPE Project (PPE) BJA-CV-20-001 Page 13 of 40 1 Packet Pg. 1595 i 16.D.11.a COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement, and in addition to all other remedies available to the COUNTY (whether under this agreement or at law or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CESF funds. The COUNTY's receipt of any funds on nand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously, daring SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and Scope of Work, the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and Federal regulations for the Department of Justice, Bureau of Justice Assistance, and Collier County Grant provisions. 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 200.326) and/or Collier County's Procurement Ordinance #2017-08, as amended, as outlined below. The current purchasing thresholds are: Federal Procurement Standards: Range: Method/Com petition Required $0 - $10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding Collier County Procurement Standards: Range: Competition Required $0 - $3,000 Single Quote with documentation $3,001 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, RFP, etc. During the period of the Declared State of Emergency, emergency and exigent purchases will be permitted, following Federal Procurement standards, pursuant to 2 CFR 200.320, provided the SUBRECIPIENT submits sufficient documentation to support cost reasonableness. Acceptance of Collier County Sheriff's Office Sheriff's Department PPE Project (PPE) BJA-CV-20-001 Page 14 of40 o�a Packet Pg. 1596 16.D.11.a said documentation shall be at the COUNTY's sole discretion. If the Declared State of Emergency expires before December 30, 2020, SUBRECIPIENT shall ensure that non -emergency COUNTY procurement standards will be used for purchases under this Agreement. Regardless of the state of emergency, any purchase in excess of $250,00 will be assessed using a price or cost analysis approved by CHS, prior to purchase. The SUBRECIPIENT shall enter into contracts for purchases with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.322, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II(.l) and 2 CFR 200.322. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.14 PROGRAM GENERATED INCOME Program Income is not anticipated. If Program Income is derived from the use of CESF funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for CESF Act -eligible activities, approved by COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CESF funds, shall be reported to the COUNTY and utilized by the SUBRECIPIENT, in compliance with 2 CFR 200.307, in the operation of the Program. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the expiration of the Agreement. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that comply with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to discrimination, under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project area shall be given opportunities for training and employment; and to the greatest extent feasible, eligible business Collier County Sheriffs Office Sheriffs Department PPE Project (PP5) ©JA-CV-20-001 Page 15 of 40 Packet Pg. 1597 16.D.11.a concerns located or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 3.17 OPPORTUNITITES FOR SMALL AND MINORITY[WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians, The SUBRECIPIENT inay rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the disbursement of fiends. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all Federal "Conflict of Interest", 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed in writing to CHS provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate - income residents of the project target area. Collier County Sheriffs Office Sheriff's Department PPE Project (PPE) BJA-CV-20-001 Page 16 of40 0 .r Packet Pg. 1598 16.D.11.a 3.20 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies to the tier above that it will not and has not used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of federal funds, as covered by 31 USC 1352, as more fully described in Section 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.21 INCIDENT REPORTING If services to clients are to be provided wider this Agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.22 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 3.23 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represents and warrants that the financial data, reports, and other information on the Project and the SUBRECIPIENT furnished to the COUNTY by the SUBRECIPIENT are accurate and complete, and as to financial disclosures, fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. Electronic Signatures. This Agreement, ancillary to this Agreement, and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Collier County Sherifrs Office Sheriff's Department PPG Project (PPE) BJA-CV-20-001 k Page 17 of40 �* Packet Pg. 1599 16.D.11.a PART IV SPECIAL AND GENERAL CONDITIONS 4.1 Coronavirus Emergency Supplemental Funding Program (CESF), FY20 (BJA-CESF) Pub. L. No. 116-136, Div. B: U.S.C. 530C littps://www.con rg ess.gov/bill/116th-congress/house- bill/748/text? =%7B%22searcli%22%3A%5B%22cite%3APL116- 136%22%SD%7D&s=1&r=] &overview=closed 4.2 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. littp :Hwww.ecfi•.Rov/cgi-bin/text-idx?tpl=/ecfrbi-owse/TitieO2/2cft•200_main^02tpi 4.3 Remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the SUBRECIPIENT that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions: In certain special circumstances, the US Department of Justice (DOJ) may determine that it will not enforce, or enforce only in part, one or more requirement otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs (OJP) webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (oip.gov/fundiiig/Explore[Ley-aiNotices- AwardReqts.htm and incorporated by reference into the award. By signing and accepting this award on behalf of the SUBRECPIENT, the authorized SUBRECIPIENT official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized SUBRECIPIENT official, all assurances or certifications submitted by or on behalf of the SUBRECIPIENT that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period — may result in OJP taking appropriate action with respect to the SUBRECIPIENT and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also make take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including tinder 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-38 ] 2). Should any provision of a requirement of this award be field to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum Collier County sheriffs Office Sherifrs Department PPE Project (PPE) BJA-CV-20-001 Page 18 of,tO e7 Packet Pg. 1600 16.D.11.a effect permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable, such provision shall be deemed severable fi•o►n this award. 4.4 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR Part 200, as adopted and supplemented by DOJ in 2 CFR Part 2800 (together, the Part 200 Uniform Requirements) apply to this FY 2020 award. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Pail 200 Uniform Requirements as they relate to OJP awards and subawards (subgrants), see the OJP website at littps://oip.gov/fundiniz/Pai-t2OOUiiiformReqtiireinents.litin. 2 CFR 200.16 - Prohibition of certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any syste►n or as a critical technology as part of any system. 2 CFR 200.333 - Record retention and access: Records pertinent to the award that the County (and any Subrecipient (subgrantee) at any tier) must retain — typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies — and to which the County (and any Subrecipient at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 CFR 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by COUNTY that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the Subrecipient is to contact COUNTY promptly for clarification. 4.5 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, tite DOJ Grants Financial Guide is available at https://omp.gov/fitiancialguide/DOJ/iiidex.litm), including any updated version that may be posted during the period of performance. The SUSRECIPIENT agrees to comply with the DOJ Grants Financial Guide. Collier County Sheriffs Office Sheriff's Department 1111E Project (PPE) BJA-CV-20-001 Page 19 of40 Packet Pg. 1601 16.D.11.a 4.6 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 4.7 Requirement to report potentially duplicative funding If the SUBRECIPIENT currently has other active awards of federal funds, or if the SUBRECIPIENT receives any other award of federal fiords during the period of performance for this award, the SUBRECIPIENT must promptly determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the SUBRECIPIENT must promptly notify the COUNTY, in writing, of the potential duplication, and, if so requested by the COUNTY, must seek a budget modification or change of project scope grant adjustment to eliminate any inappropriate duplication of funding. 4.8 Requirements related to System for Award Management and Universal Identifier Requirements The SUBRECIPIENT must comply with applicable requirements regarding the System for Award Management (SAM), current accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The SUBRECIPIENT must also comply with applicable restrictions on subawards (subgrants) to first -tier subrecipients (first -tier "subgrantees), including restrictions on subawards to entities that do not acquire and provide (to the SUBRECIPIENT) the unique entity identifier required for SAM registration. The details of the SUBRECIPIENT's obligations related to SAM and to unique entity identifiers are posted on the OJP website at https:/loip p-ov/fundiiig/Explot-e/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Collier County Sheriffs Orrice Sheriff's Department PPE Project (PPE) 1 BJA-CV-20-001 Page 20 of40 Packet Pg. 1602 16.D.11.a 4.9 Employment eligibility verification for hiring under the award 1. The SUBRECIPIENT must — A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the SUBRECIPIENT properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 USC 1324a(a)(1) and (2). B. Notify all persons associated with the SUBRECIPIENT who are or will be involved in activities under this award of both — I) This award requirement for verification of employment eligibility, and 2) The associated provisions in 8 USC 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 USC 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verification pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The COUNTY's monitoring responsibilities include monitoring of SUBRECIPIENT's compliance with this condition. 3. Allowable Costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of Construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all SUBRECIPIENT officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the SUBRECIPIENT may choose to participate in, and use, E-Verify (www.c-ferify.gov), provided an appropriate person authorized to act on behalf of the SUBRECIPIENT uses E-Verify (and follows the proper E-Verify Collier County Sheriff's Office Sheriffs Department PPE Project (PPF) BJA-CV-20-001 Page21 of40 t ,1 Packet Pg. 1603 16.D.11.a procedures, including in the event of a "Tentative Non -confirmation" or a "Final Non -confirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guan, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require the COUNTY or any SUBRECIPIENT, at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.13, shall be understood to relieve the COUNTY or any SUBRECIPIENT, at any tier, or any person or other entity, of any obligation otherwise imposed by law, including S USC 1324a(a)(1) and (2). Question about E-Verify should be directed to DHS. For more information about E- Verify, visit the E-Verify website (littps://www.e-verif g or email E-Verify at E-Verif�dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmploverAp,etit@dlis.gov. a,dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 4.10 Requirement to report actual or imminent breach of personally identifiable information (PII) The SUBRECIPIENT must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it— 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (P1I)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The SUBRECIPIENT's breach procedures must include a requirement to report actual or imminent breach of PH to the Grant Coordinator no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 4.11 All Subawards (subgrants) must have specific federal authorization The SUBRECIPIENT. at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that — for purposes of federal grants administrative requirements — OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP website at littps://o6p.gov/fLiiiding/Explore/StibawardAuthorization.htm (Award condition: all subawards (subgrants) must have specific federal authorization), and are incorporated by reference here. 4.12 Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The SUBRECIPIENT, at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed Collier County Sheriff's Office Sheriffs Department PPE Project (PPE) BJA-CV-20-001 Page 22 of 40 v Packet Pg. 1604 16.D.11.a the Simplified Acquisition Threshold (currently $250,000). This condition applies to agreements that — for purposes of federal grants administrative requirements — OJP considers a procurement "contract" (and therefore does not consider it a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP website at htt s://o' ov/fundin Ex lore/NoncoiuetitiveProcurei-nent.htin (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 4.13 Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in pant) by this award, whether by the COUNTY or any SUBRECIPIENT, at any tier, and regardless of dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements — including as set out at 2 CFR 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]II procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking " [alny arbitrary action in the procurement process") -- the COUNTY (or any SUBRECIPIENT, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 CFR 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The COUNTY's monitoring responsibilities include monitoring of SUBRECIPIENT compliance with this condition. 3. Allowable Costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. Collier County Sheriff's Office Sheriff's Depariment PPE Project (PPE) DJA-CV-20.001 Page 23 oi'40 Packet Pg. 1605 16.D.11.a 4. Rules of Construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at the present) by or on behalf of the federal government — as an employee, contractor or subcontractor (at any tier), grant recipient or subrecipient (at any tier), agent, or otherwise — in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project or activity (or to provide such goods or services) in the future. B. Noting in this condition shall be understood to authorize or require the County, any Subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. 4.14 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The SUBRECIPIENT, at any tier, must comply with all applicable requirements (including requirement to report allegations) pertaining to prohibited conduct related to the trafficking of persons, on the part of the SUBRECIPIENT, or individuals defined (for purposes of this condition) as "employees" of the SUBRECIPIENT. The details of the SUBRECIPIENT's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP website at liups://oip.gov/fLinding/Exploi'e/ProhibitedConduct- Traffcking.litm (Award condition: Prohibited conduct by the SUBRECIPIENT related to trafficking in persons (including reporting requirements of OR authority to terminate award)), and are incorporated by reference here. 4.15 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated — in the application for the award (as approved by DOJ) (or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute — that a purpose of some or all of the activities to be carried out under the award (by the SUBRECIPIENT at any tier) is to benefit a set of individuals under 18 years of age. The SUBRECIPIENT, at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the ON website at https://oip.gov/ftntdiiig/Explore/Interact-Mitioi-s.littii (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Collier County Sheriff's Office Sheriffs Department PPE Project (PPE) BJA-CV-20.001 Page 24 of 40 Packet Pg. 1606 16.D.11.a 4.16 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The SUBRECIPIENT, at any tier, must coinply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grams Financial Guide (currently, as section 3.10 of"Postaward Requirements" in the DOJ Grants Financial Guide). 4.17 Requirement for data on performance and effectiveness under the award The SUBRECIPIENT most collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to COUNTY in the manner (including within the tinnefrarnes) specified by COUNTY in the program solicitation or other applicable written guidance. Data collection supports compliance with tine Government Performance and Results Act (CPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 4.18 OJP Training Guiding Principles Any training or training materials that the SUBRECIPIENT, at any tier, develops or delivers with OR award funds must adhere to the OR Training Guiding Principles for Grantees and Subgrantees, available at https://oip.gov/ftinditn Implement/Trainin Pi•inciplesForGrantees-Subgrantees.litin. 4.19 Potential imposition of additional requirements The SUBRECIPIENT agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OV W, as appropriate) during the period of performance for this award, if the SUBRECIPIENT is designated as "high -risk" for the purposes of the DOJ high -risk grantee list. 4.20 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination — 28 CFR Part 42 The SUBRECIPIENT, at any tier, must comply with all applicable requirements of 28 CFR Pant 42, specifically including any applicable requirements in Subpart E of 28 CFR Part 42 that relate to an equal employment opportunity program. 4.21 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination — 28 CFR Part 54 The SUBRECIPIENT, at any tier, must comply with all applicable requirements of 28 CFR Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Collier County Sheriff's Office Sheriffs Depariment PPE Project (PPG) ©JA-CV-20-00i Page 25 of 40 Packet Pg. 1607 16.D.11.a 4.22 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination — 28 CFR Part 38 The SUBRECIPIENT, at any tier, must comply with all applicable requirements of 28 CFR Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among otter things, 28 CFR Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules or requirements that pertain to Subrecipient organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to Subrecipients that are faith - based or religious organizations. The text of 28 CFR Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:HNvww.cefr.gov/cy-i-bin/ECFR?page=browse , by browsing to Title 28-Judicial Administration, Chapter I Part 38, render e-CFR "current" data. 4.23 Restrictions on lobbying In general, as a matter of federal law, federal funds awarded by OR may not be used by the SUBRECIPIENT, at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 USC 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OR from being used by the SUBRECIPIENT, at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 USC 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by the SUBRECIPIENT would or might fall within the scope of these prohibitions, the SUBRECIPIENT is to contact the COUNTY for guidance, and may not proceed without the express prior written approval of the COUNTY. 4.24 Compliance with general appropriations -law restrictions on the use of federal funds (FY 2020) The SUBRECIPIENT, at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriates statutes. Pertinent restrictions that may set out in applicable appropriations acts are indicated at hitps:Hojp.gov/funding/Explore/FY2OAppi-opriatioiisResti-ictions.htm, acid are incorporated by reference here. Should a question arise as to whether a particular use of federal finds by the Collier County Sheriffs Office Sheriffs Department PPE Project (PPE) BJA-CV-20-001 Page 26 of 40 0 Packet Pg. 1608 16.D.11.a SUBRECIPIENT would or might fall withing the scope of an appropriations -law restriction, the SUBRECIPIENT is to contact the COUNTY for guidance, and may not proceed without the express written approval of COUNTY. 4.25 Reporting potential fraud, waste, and abuse, and similar misconduct The SUBRECIPIENT, at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with finds under this award — 1) submitted a claim that violates the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by — 1) online submission via the OIG webpage at https://oigjustice.giv/hotline/contact-grants.litm (select "Submit Report Online"); 2) mail directed to: US Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or 3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at btips:Hoigjustice.gov/hotline. 4.26 Restrictions and certifications regarding non -disclosure agreements and related matters No SUBRECIPIENT under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. In accepting this award, the SUBRECIPIENT — A. Represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and B. Certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict) reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume Collier County Sheriff's Office Sheriffs Department PPE Project (PPE) BJA-CV-20-001 Page 27 of ,10 r Packet Pg. 1609 16.D.11.a (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the SUBRECIPIENT does or is authorized under this award to make subawards (subgrants), procurement contracts, or both -- A. It represents that: 1) It has determined that no other entity that the SUBRECIPIENT's application proposes may or will receive award funds (whether through a subaward (subgrant), procurement contract, or subcontract under a procurement contract) cither requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and 2) It has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and B. It certifies that, if it learns or is notified that any contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport or prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency snaking this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by the agency. 4.27 Compliance with 41 USC 4712 (including prohibitions on reprisal; notice to employees) The SUBRECIPIENT must comply with, and is subject to, all applicable provisions of 41 USC 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal fiords, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The SUBRECIPIENT must also inform its employees, in writing (an in the predominant native language of the workforce), of employee rights and remedies under 41 USC 4712. Should a question arise as to the applicability of the provisions of 41 USC 4712 to this award, the SUBRECIPIENT is to contact the Grant Coordinator, who will contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 4.28 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages the SUBRECIPIENT to adopt and enforce policies batwing employees from text messaging while driving any vehicle during the Collier County sheriff's Office O Sherin's Departmen► PPE Project (111T) BJA-CV-20-001 Page 28 o140 t,3 Packet Pg. 1610 16.D.11.a course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.29 Requirement to disclose whether Subrecipient is designated "high risk" by a federal grant - making agency outside of DOJ If the SUBRECIPIENT is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the SUBRECIPIENT must disclose the fact and certain related information to the COUNTY for submission to OJP. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the SUBRECIPIENT's past performance, or other programmatic or financial concerns with the SUBRECIPIENT. The SUBRECIPIENT's disclosure must include the following: 1) the federal awarding agency that currently designates the SUBRECIPIENT as high risk; 2) the date the SUBRECIPIENT was designated high risk; 3) the high risk point of contact at the federal awarding agency (name, phone number, and email address); and 4) the reasons for the high risk status, as set out by the federal awarding agency. 4.30 The "Emergency Appropriations for Coronavirus Health Response and Agency Operations" law The Emergency Appropriations for Coronavirus Health Response and Agency Operations law (Public Law 116-136) includes definitions, reporting requirements, and certain other provisions that apply (whether in whole or in part) to this award. In addition, consistent with the CESF Program's purposes, which involve preparing for, preventing, and responding to the coronavirus national emergency, OJP will provide notice of any additional CESF program -specific grants administrative requirements on an award page, accessible at https://www.oip.gov/fLiiiding/exploi-e/CESF-pram-specific-condition, that is incorporated by reference here. 4.31 Compliance with OJP Grant Monitoring Guidelines, Protocols, and Procedures The SUBRECIPIENT agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The SUBRECIPIENT agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation relate to any subawards made under this award. Further the SUBRECIPIENT agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the SUBRECIPIENT's DOJ awards, including but not limited to: withholdings and/or other restrictions of the SUBRECIPIENT's access to grant funds, referral to the Office of the Inspector General for audit review, designation of the SUBRECIPIENT as DOJ High Risk grantee, or termination of the award(s). 4.32 Justice Information Sharing Subrecipients are encouraged to comply with any information -sharing projects funded under this award with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The Collier County Sheriff's Office Sheriff's Department PPE Project (PPE) BJA-CV-20-COI Page 29 of40 Packet Pg. 1611 16.D.11.a SUBRECIPIENT is encouraged to conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at Itittps://it.o-ip.gov/psp The SUBRECIPIENT must document planned approaches to information sharing and describe compliance with GSP and appropriate privacy policy that protects shared information. 4.33 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems that involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity. 4.34 Contpliance with National Environmental Policy Act and related statutes Upon request, the SUBRECIPIENT must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, directly by the SUBRECIPIENT. Accordingly, the SUBRECIPIENT agrees to first determine if any of the following activities will be f ended by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, SUBRECIPIENT agrees to contact the Grant Coordinator who will contact BJA. The SUBRECIPIENT understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the SUBRECIPIENT or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a) ►rew construction; b) minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c) a renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d) implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e) implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The SUBRECIPIENT understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by COUNTY/BJA. The SUBRECIPIENT further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at httpsa/bja.gov/Fundin nepa.htmI, for programs relating to methamphetamine laboratory operations. Application of this Condition to SUBRECIPIENT's Existing Programs or Activities: For any of the SUBRECIPIENT's existing programs or activities that will be funded by these award funds, the SUBRECIPIENT, upon specific request from COUNTY/BJA, agrees to cooperate with COUNTY/BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Collier County Sheriffs Office Sheriffs Department PPE Project (PPE) BJA-CV-20-001 Page 30 of40 Packet Pg. 1612 16.D.11.a 4.35 Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS, the DNA database operated by the FBI) b a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA. Award fiords may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 4.36 Body armor — compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List. (htt s://ni', ov/to ics/technolo /bod -armor/Pa es/com liant-ballistic-armor.as x) In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 USC 10202(c)(1)(A). The latest NIJ standard information can be found here: https./htii.gov/topics/teciiiiolog /may-armor/payes/safety-initiative.gox. 4.37 Title VI of the Civil Rights Act of 1964 as amended SUBRECIPIENT agrees to comply with Title VIII of the Civil Rights Act of 1968, as amended httpsa/www.hud,goWlprogramdescription/title6 4.38 Equal Employment Opportunity Executive Order 11234 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/ageticies/ofccp/executive-order- 11246/as-amended 4.39 Prohibition of Gifts to COUNTY Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, set -vice, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - littps:l/www.lawsei'ver.com/law/state/forida/statutes/florida�statutes chapter _112_part _iii Collier County- littp://www.colliergov.net/home/showdoctiinent?id=35137 4.40 Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by Collier County Sheriff's Office Sheriffs Department PPE Project (PPE) BJA-CV-20-001 Paige 31 of40 P! V^ Packet Pg. 1613 16.D.11.a imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.41 Venue Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.42 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. Any situations when negotiations, litigation andlor mediation shall be attended by representatives of SUBRECIPIENT 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. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY.MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT htips:/hvww.flsenate. pov/Laws/Statutes/2012/44.102 4.43 Clean Air Act and Federal Water Pollution Control Act The SUBRECIPIENT agrees to comply with all applicable standards and agrees to report each violation for the following: a. Clean Air Act, 41 USC 7401, et seq. littps://www.govinfo.gov/ciiteiit/pkp-/USCODE-2010- title42/html.USCODE-2010-title42-cha 85.htm b. Federal Water Pollution Control Act, 33 USC 1251, et sect., as amended. https://www.goviiifo.gov/content/pkg/UDCODE-2011-title33/pdf/USCODE-201 1-title33- chap26.pdf 4.44 Drug -Free Workplaces The SUBRECIPIENT must agree that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). hit sa/www. o. ov/fds s/ rantile/USCODE-2009-title4l/USCODE-2009-titie4l-cha 10- sec701 4.45 SAM —Suspension and Debarment The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Collier County Sherifrs Office Sheriff's Department PPE Project (PPE) BJA-CV-20-001 Page 32 of 40 Packet Pg. 1614 16.D.11.a transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR 200.213. These regulations restrict awards, subawards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible to [participate in Federal assistance programs and activities. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions id the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well asw parties declared ineligible under statutory or regulatory authority other than Executice Order 12549. SAM Exclusions can be accessed at www.sam.gov. 2 CFR 200.213 Suspension and debarment littps://www.ecfr.govlcgi- bin/ret►•ieveECFR?=&SID=c3a97c97ac42f9c05af52a7ea2f3d005&►nc=t►ve&n= t2.1.200&r=P ART&ty=HTML#se2.1.200_ 1213 htt s:/ltvww.a►•chives. ov/federal-re ister/codification/exceLitive-orcler/12549.lit►iiI 4.46 State of Florida Convicted Vendor List As provided in§ 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287,133 (3) (a), Florida Statutes. https://www.leg.state.fl.us/Statutes/index.cfin?App_inode=Display Statute&_SearchString=&UR L=0200-0299/0287/Sections/0287.133.ht►rrl 4.47 Limited English Proficiency The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at littl?://www.let).gov. 4.48 Arrest and Conviction Records Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See littps;Hoip.povlabout/ocr/pdfs/UseofConvictio►i Advisorypdf for more details. 4.49 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing 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 obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any Collier County Sheriffs Office Sheriffs Department PPE Project (PPE) BJA-CV-20-001 Page 33 of 40 Packet Pg. 1615 16.D.11.a lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. Tine SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (H) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. littps://www.law.cornell.edu/uscode/text/31/1352 4.50 False CIaim; Criminal, or Civil Violation The SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 4.51 Political Activities Prohibited None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.52 Association of Community Organizations for Reform Now (ACORN) The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of the OJP. Signature Page to Follow Collier County Sheriff's Office Sheriff's Department PPE Project (PPE) BJA-CV-20-001 Page 34 of40 Packet Pg. 1616 16.D.11.a IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK Dated: , Deputy Clerk (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Date: Collier County Sheriffs Office Sheriff's Depadment PPE Project (PPE) BJA-CV-20-001 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN Date: COLLIER COUNTY SHERIFF'S OFFICE KEVIN RAMBOSK, SHERIFF Date: j) \�� 4 0 ao `NO O' Page 35 of40 Packet Pg. 1617 16.D.11.a EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tatniami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per Occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 -- 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. Collier County Sheriffs Office SheriWs Department PPE Project (PPE) BJA-CV-20-001 Page 36 of40 Packet Pg. 1618 16.D.11.a S. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Collier County Sheriff's Office Sheriff's Department PPE Project (PPE) BJA-CV-20.001 Page 37 of'40 CoN Packet Pg. 1619 16.D.11.a EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier County Sheriff's Office SUBRECIPIENT Address: 3319 Tamiami Trail East, Naples, Florida 34112 Project Name: Sheriff's Department PPE Project (PPE) Project No: _ Payment Request # Total Payment Minus Retainage Period of Availability: through Period for which SUBRECIPIENT has incurred the indebtedness through SECTION H: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Date Authorizing Grant Accountant Supervisor (Approval required $15,000 and above) Division Director (Approval Required $15,000 and above) Collier County Sheriff's Office Sheriffs Department PPE Project (PPE) BJA-CV-20.001 Page 38 of 40 r i C4� Packet Pg. 1620 16.D.11.a EXHIBIT C CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF ACT) MONTHLY PROGRESS REPORT SHERIFF'S DEPARTMENT PPE PROJECT Report Period: Fiscal Year: Agreement Number: Subrecipient Name: Program: Contact Name: Contact Telephone Number: Funds Expended: Category Funds Expended: Category Funds Expended Current Month Funds Expended YTD Personnel (hiring, overtime, etc. Training & Travel Equipment Law enforcement PPE Supplies loves, masks, sanitizes, etc. Medical Need of Inmates Other: Explain here Total 2. Project Progress: Describe your progress, during the reporting period and any impediments, if applicable. By signing this report, I certify to the best of my knowledge and belief that the information contained in this report is true, complete, and accurate. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729- 3730 and 3801-3812). Signature: Printed Name: Title: Your typed name here represents Your electronic signature. Collier County Sheri frs Office Sherin's Department PPE Project (PPE) BJA-CV-20-001 Date: Page 39 of 40 Packet Pg. 1621 16.D.11.a EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subreciplents of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F - Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215,97) requirements. Subrecipient Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended during most recently Total State Financial Assistance Expended completed Fiscal Year during most recently completed Fiscal Year Check A. or B, Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above ❑ has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and --management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for -profit organization ❑ Are exempt for other reasons - explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. ❑ While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title: 06/18 Collier County Sheriffs Office Sheriffs Department PPE Project (PPE) BJA-CV-20-001 Page 40 of 40 F' 0 U Q Packet Pg. 1622