Agenda 07/13/2021 Item #16D 6 (1st Amendment to subrecipient Agreement w/Sheriff's Office)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairperson to sign the First Amendment to the
subrecipient agreement between Collier County and the Collier County Sheriff’s Office, to increase
the award amount by $16,862.
OBJECTIVE: To purchase and reimburse the cost of additional Personal Protective Equipment, cleaning
supplies, and disinfecting/sanitizing services 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 the submittal of the application
on May 26, 2020, and the application was ratified by the Board of County Commissioners (Board)
“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. The subrecipient
agreement with the Collier County Sheriff’s Department was executed by the Board on September 22,
2020, Agenda Item #16D11.
On May 26, 2021, the BJA approved the Community and Human Services (CHS) request to shift
$16,862, allocated to the County for administration, from the Personnel and Fringe Benefits budget lines
to the Subrecipient budget line item. As such this resulted in an increase of the Subrecipient award from
$201,265 to $218,127. The additional $16,862 will allow the Collier County Sheriff’s Department to
purchase and seek reimbursement for additional COVID-19 necessary expenses. Without the shift of
funds, the grant would not have been fully exhausted. The County will be fully reimbursed for all
administrative services provided through the remaining grant funds.
FISCAL IMPACT: The proposed action described in this Executive Summary has no new Fiscal impact.
The amendment will authorize a funds shift in the amount of $16,862 from administration funds to the
subrecipient award both funded within the same Fund (707) and Project number (33704). A Budget
Amendment is not required for this action. 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 is approved for form and legality and requires a majority vote
for Board action. - JAB
RECOMMENDATION: To approve and authorize the Chairperson to sign the First Amendment to the
subrecipient agreement between Collier County and the Collier County Sheriff’s Office, to increase the
award amount by $16,862.
Prepared By: Catherine Sherman, Grants Coordinator, Community & Human Services Division
ATTACHMENT(S)
1. CAO Approved - Amendment 1 to BJA-CV-20-001 - CCSO (PDF)
2. Original Agreement CCSO PPE Project (PDF)
16.D.6
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07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.6
Doc ID: 16142
Item Summary: Recommendation to approve and authorize the Chairperson to sign the First
Amendment to the subrecipient agreement between Collier County and the Collier County Sher iff’s
Office, to increase the award amount by $16,862.
Meeting Date: 07/13/2021
Prepared by:
Title: – Community & Human Services
Name: Catherine Redfield
06/08/2021 11:52 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
06/08/2021 11:52 AM
Approved By:
Review:
Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 06/08/2021 3:11 PM
Community & Human Services Tami Bailey Additional Reviewer Completed 06/09/2021 9:43 AM
Community & Human Services Jose Alvarado Additional Reviewer Completed 06/09/2021 3:51 PM
Community & Human Services Maggie Lopez CHS Review Skipped 06/09/2021 6:11 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 06/09/2021 6:12 PM
Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 06/09/2021 7:14 PM
Public Services Department Todd Henry Public Services Department Completed 06/10/2021 10:31 AM
Grants Erica Robinson Level 2 Grants Review Completed 06/16/2021 2:53 PM
Public Services Department Dan Rodriguez PSD Department Head Completed 06/17/2021 12:51 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/17/2021 3:49 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/18/2021 3:54 PM
Grants Therese Stanley Additional Reviewer Completed 06/22/2021 10:25 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/22/2021 2:54 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/23/2021 2:04 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/30/2021 8:23 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.D.6
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Packet Pg. 1562 Attachment: CAO Approved - Amendment 1 to BJA-CV-20-001 - CCSO (16142 : Amendment I to BJA-CV-20-001, Collier County Sheriff's Office
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Packet Pg. 1563 Attachment: CAO Approved - Amendment 1 to BJA-CV-20-001 - CCSO (16142 : Amendment I to BJA-CV-20-001, Collier County Sheriff's Office
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Packet Pg. 1564 Attachment: CAO Approved - Amendment 1 to BJA-CV-20-001 - CCSO (16142 : Amendment I to BJA-CV-20-001, Collier County Sheriff's Office
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Packet Pg. 1565 Attachment: CAO Approved - Amendment 1 to BJA-CV-20-001 - CCSO (16142 : Amendment I to BJA-CV-20-001, Collier County Sheriff's Office
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 $201,265.00
Funds Awarded
Subrecipient Name Collier County Sheriffs
Office
DUNS# 18-7217526
FEIN# 59-6000561
R&D No
Indirect Cost.Rate No
Period of Performance 01/20/2020-01/31/2022
Fiscal Year End 09/30
Monitor End: 3/2022
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY SHERIFF'S OFFICE (CCSO)
nA
THIS AGREEMENT made and entered into on thud day of 2020, by and
between Collier County, a political subdivision of the State of Florida, (CO TY or Grantee) having its
principal address at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Sheriffs 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 (OW) 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 Sheriffs 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
Sheriff's Department PPE Project(PPE)
BJA-CV-20-001 Page 1 of 40 el
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Packet Pg. 1566 Attachment: Original Agreement CCSO PPE Project (16142 : Amendment I to BJA-CV-20-001, Collier County Sheriff's Office PPE Project)
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 Sheriffs 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(PII)
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
Sheriff's Department PPE Project(PPE)
BJA-CV-20-001
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Packet Pg. 1567 Attachment: Original Agreement CCSO PPE Project (16142 : Amendment I to BJA-CV-20-001, Collier County Sheriff's Office PPE Project)
Description Federal Amount
Personnel(hiring,overtime, etc.)
Training&Travel
Equipment(law enforcement PPE)
Supplies(gloves,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 504/ADA 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
Agreement execution
Progress Report Exhibit C 1061 Day of each month
Financial and Compliance Audit Exhibit D Annually,nine(9)months for
Single Audit
B. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1:Personal Submission of supporting documents 10th 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
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Packet Pg. 1568 Attachment: Original Agreement CCSO PPE Project (16142 : Amendment I to BJA-CV-20-001, Collier County Sheriff's Office PPE Project)
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 funds 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 CFR Part
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Packet Pg. 1569 Attachment: Original Agreement CCSO PPE Project (16142 : Amendment I to BJA-CV-20-001, Collier County Sheriff's Office PPE Project)
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@colliercountyfl.gov
Telephone: (239)252-5713
SUBRECIPIENT ATTENTION:Kevin Rambosk, Sheriff
Collier County Sheriffs Office
3319 Tamiami Trail East
Naples,FL 34112
Email:Kevin.Rambosk@colliersheriff.org
Telephone: (239)252-9300
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Packet Pg. 1570 Attachment: Original Agreement CCSO PPE Project (16142 : Amendment I to BJA-CV-20-001, Collier County Sheriff's Office PPE Project)
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 fully 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 DOJBJA 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 time 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
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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, Michael.Cox@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)
under 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.
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Packet Pg. 1572 Attachment: Original Agreement CCSO PPE Project (16142 : Amendment I to BJA-CV-20-001, Collier County Sheriff's Office PPE Project)
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 funds 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.
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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 noncompliance 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 (10%) 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 was terminated. This includes
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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.
2013-228
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 10th 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,and 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.
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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/employee 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 funds, 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 thisAgreement,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 funds are no longer available.
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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 remedies 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 the 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 thistransactionbyanyFederalDepartmentoragency; 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 inExecutiveOrders12549(1986)and 12689(1989),Debarment and Suspension and 2 CFR 200.213,
as further detailed in Section 4.18.
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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 DOJ/BJA 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 funds 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
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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 hand 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, during 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/Competition 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
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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(J) 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 andconditionsofthisAgreementmustberefundedtotheCOUNTY. 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
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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 may 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'sExecutiveOrder11246ofSeptember24, 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 funds.
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 itscontractorsshallbedisclosedinwritingtoCHSprovidedhowever, 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.
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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 under 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, theRegulations, 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.
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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
hops://www.congress.gov/bill/116th-congress/house-
bill/748/text?q=%7B%22search%22%3A%5B%22cite%3APL 116-
136%22%5D%7D&s=1&r=1&overview=closed
4.2 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
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" (ojp.gov/funding/Explore/LegalNotices-
AwardRegts.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 OW 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 under 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 3801-3812).
Should any provision of a requirement of this award be held 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
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effect permitted by law. Should it be held, instead, that the provision is utterly invalid or
unenforceable, such provision shall be deemed severable from 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 OW 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 Part 200 Uniform Requirements as they relate to OJP
awards and subawards (subgrants), see the OJP website at
https://oip.gov/funding/Part2000niformRequirements.htm.
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 system 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, the DOJ Grants Financial Guide is available at
https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted
during the period of performance. The SUBRECIPIENT agrees to comply with the DOJ Grants
Financial Guide.
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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 OW awards (that is, OW 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 funds 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 OW website at https://ojp.gov/funding/Explore/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).
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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—
1) 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 I-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.e-ferify.gov),provided an appropriate person authorized to act
on behalf of the SUBRECIPIENT uses E-Verify (and follows the proper E-Verify
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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.B,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 8 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(https://www.e-verify.gov/) or email E-Verify at
E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-
VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OW,
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(PII)"(2 CFR 200.79)
within the scope of an OW 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 PII 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
https://ojp.gov/funding/Explore/SubawardAuthorization.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
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the Simplified Acquisition Threshold (currently $250,000). This condition applies to agreements
that—for purposes of federal grants administrative requirements —OW 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 OW award are posted on the OW website at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (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 part)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]ll 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
a]ny 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.
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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 https://ojp.gov/funding/Explore/ProhibitedConduct-
Trafficking.htm (Award condition: Prohibited conduct by the SUBRECIPIENT related to
trafficking in persons(including reporting requirements of OW 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 OW website at
https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of
suitability required,in advance,for certain individuals who may interact with participating minors),
and are incorporated by reference here.
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4.16 Compliance with applicable rules regarding approval, planning, and reporting of
conferences,meetings,trainings,and other events
The SUBRECIPIENT,at any tier,must comply 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 Grants 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 must 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 timeframes) specified by COUNTY in the program solicitation or other
applicable written guidance. Data collection supports compliance with the 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
OJP award funds must adhere to the OW Training Guiding Principles for Grantees and Subgrantees,
available at hops://oip.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.
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(OW or OVW,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 Part
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."
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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 other 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://www.ecfr.gov/cgi-bin/ECFR?page=browse),by browsing to Title 28-Judicial
Administration,Chapter 1 Part 38,under e-CFR"current"data.
4.23 Restrictions on lobbying
In general, as a matter of federal law, federal funds awarded by OJP 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 OW 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
https://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by
reference here. Should a question arise as to whether a particular use of federal funds by the
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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 funds 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://oig.justice.giv/hotline/contact-grants.htm(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 https://oig.justice.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.
1. 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
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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) either 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 making 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 funds, 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 banning employees from text messaging while driving any vehicle during the
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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.ojp.gov/funding/explore/CESF-program-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
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SUBRECIPIENT is encouraged to conform to the Global Standards Package (GSP) and all
constituent elements, where applicable, as described at https://it.ojp.gov/gsp_grantcondition. 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 Compliance 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 funded 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) new 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
https://bja.gov/Funding/nepa.html, 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.
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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 funds 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.
https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx) 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://nij.gov/topics/technology/body-armor/pages/safety-initiative.aspx.
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
https://www.hud.gov/programdescription/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/agencies/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,service,or other item of value to any COUNTY employee,as set forth in Chapter 112,Part III,
Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-http://www.colliergov.net/home/showdocument?id=35.137
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
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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 and/or 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.
https://www.flsenate.gov/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.https://www.govinfo.gov/cntent/pkg/USCODE-2010-
titl e42/html.USCODE-2010-title42-chap85.htm
b. Federal Water Pollution Control Act,33 USC 1251,et seq.,as amended.
https://www.govinfo.gov/content/pkg/UDCODE-2011-title33/pdf/USCODE-2011-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).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 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
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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 Frderal 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
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=c3a97c97ac42f9c05af52a7ea2f3d005&mc=true&nTt2.1.200&r=P
ART&ty=HTML#se2.1.200 1213
hops://www.archives.gov/federal-register/codification/executive-order/12549.html
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.cfm?App_mode=Display_Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.htlnl
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 http://www.lep.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 https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf 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
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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. The
SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying
Amendment(31 U.S.C. § 1352)and (ii) 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.
https://www.law.comell.edu/uscode/text/31/1352
4.50 False Claim; 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)
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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.
AT 1't.ST:,..... - • BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K.KINZ.IJ,L,CLERK COLLIE OUNTY, LOIS,,i9A
rarnItiAL-- By:
uty Cl BURT L. SAUNDERS,CHAIRMAN
est as to charmis
signatll G ctnly,...,. . 9. _aaDate:
COLLIER COUNTY SHERIFF'S OFFICE
t11-as-Dated:D
SEAL) By:
KEVIN MB SK, SHERIFF
Date: f 2 O
Approved as to form and legality:
D/3)(r-Jennifer A. elpedio 0
Assistant County Attorney A•\
Date:_ Ct 2 \
Collier County Sheriff's Office
Sheriffs Department PPE Project(PPE)
BJA-CV-20-001
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EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. 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.
3. 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 1 — 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:
5. 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.
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8. 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.
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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 II: 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 Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$15,000 and above) Division Director(Approval Required$15,000
and above)
Collier County Sheriffs Office
Sheriffs Department PPE Project(PPE)
BJA-CV-20-001
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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:
1. Funds Expended:
Category Funds Expended Funds Expended
Current Month YTD
Personnel(hiring,overtime,etc.)
Training&Travel
Equipment(Law enforcement PPE)
Supplies(gloves,masks, sanitizer,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: Date:
Printed Name:
Title:
Your typed name here represents your electronic signature.
Collier County Sheriff's Office
Sheriff's Department PPE Project(PPE)
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EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients 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 Total State Financial Assistance Expended
Expended during most recently during most recently completed Fiscal YearcompletedFiscalYear
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above
n 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:
n
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 Sheriff's Office
Sheriff's Department PPE Project(PPE)
BJA-CV-20-001
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