Agenda 01/11/2011 Item #16D11
Agenda Item No. 16D11
January 11, 2011
Page 1 of 20
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an Agreement with the
David Lawrence Center to operate a post-adjudication, court supervised, substance abuse
treatment program known as the Collier County Drug Court Program. Funding has been
provided through grant #2010-DC-BX-0016 from the U.S. Department of Justice, Bureau
of Justice Assistance. There are no general funds associated with this project.
OBJECTIVE: To approve and authorize the Chairman to sign an Agreement with the David
Lawrence Center to operate a post-adjudication, court supervised, substance abuse treatment
program known as the Collier County Drug Court Program. Funding has been provided through
grant #2010-DC-BX-0016 from the U.S. Department of Justice, Bureau of Justice Assistance.
There are no general funds associated with this projcct.
CONSIDERATIONS: On February 9, 2010, agenda item 1603, the Board of County
Commissioners approved the submission of an application for participation in the Adult Drug
Court Discretionary Grant Program: Enhancement. The program is funded through the U.S.
Department of Justice, Bureau of Justice Assistance. Collier County proposed enhancing a post-
adjudication, court supervised, substance abuse treatment program. Subsequently, on October
12, 2010, agenda item 16D3, the Board of County Commissioners executed a grant agreement
with the U.S. Department of Justice to receive $197,614 in federal funds. As a condition of
award, the Drug Court Team, including David Lawrence Center, shall provide an $84,804 match.
Matching funds will come from participant fees and in-kind services generated by the Drug
Court Team while oneratinQ the nrol:!Tam.
.L __..L ~
The application submitted in February by Collier County proposed an initiative that will enhance
the collaboration of the Drug Court Team, including Judge Grieder, David Lawrence Center,
Court Administration, State Attorney, Public Defender Office, and the Sheriffs Office
Department of Corrections. Collier County Housing, Human and Veteran Services will act as
the fiscal agent and manage this f,1Tant.
The attached Agreement by and between Collier County and David Lawrence Center will allow
the non-profit agency to begin operation of the program as outlined and approved in the
application submitted to the U.S. Department of Justice, Bureau of Justice Assistance.
FISCAL IMPACT: The total project budget is $282,418. Of this total amount, $197,614 has
been provided by the U.S. Department of Justice in the fonn of a federal grant. The remaining
$84,804 is the program's required match and shall come from participant fees and in-kind
services. No general funds are associated with this project.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item
requires a simple majority vote. - JBW
RECOMMENDATION: To approve and authOlize the Chairman to sign an Agreement with
the David Lawrence Center to operate a post-adjudication, court supervised, substance abuse
Agenda Item No. 16D11
January 11, 2011
Page 2 of 20
treatment program known as the Collier County Drug Court Program. Funding has been
provided through grant #2010-DC-BX-0016 from the U.S. Department of Justice, Bureau of
Justice Assistance. There are no general funds associated with this project.
PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16D 11
January 11, 2011
Page 3 of 20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D11
Recommendation to approve and authorize the Chairman to sign an Agreement with the
David Lawrence Center to operate a post-adjudication, court supervised, substance abuse
treatment program known as the Collier County Drug Court Program. Funding has been
provided through grant #2010-DC-BX-0016 from the U.S. Department of Justice, Bureau of
Justice Assistance. There are no general funds associated with this project.
1/11/2011 9:00:00 AM
Prepared By
Frank Ramsey
Public Services Division
Manager - Housing Development
Date
Human Services
11/17/20102:03:28 PM
Approved By
Marla Ramsey
Public Services Division
Administrator - Public Services
Date
Public Services Division
11/17/20103:33 PM
Approved By
Marcy Krumbine
Public Services Division
Director - Housing & Human Services
Date
Human Services
12/6/201011:13 AM
Approved By
Marlene J. Foard
Administrative Services
Division
Grant Development & Mgmt Coordinator
Date
Administrative Services Division
12/29/20105:21 PM
Approved By
Sherry Pryor
Office of Management &
8udget
Management/ Budget Analyst, Senior
Date
Office of Management & Budget
1/4/20119:02 AM
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & 8udget
1/4/20119:30 AM
Agenda Item No. 16D11
January 11, 2011
Page 4 of 20
AGREEMENT
for
ADULT DRUG COURT DISCRETIONARY GRANT PROGRAM
THIS AGREEMENT, made and entered into on this 11th day of January 2011, by and
between David Lawrence Mental Health Center, Inc., EIN 59-2206025, (d/b/a David
Lawrence Center), authorized to do business in the State of Florida, whose business address
is 6075 Bathly Lane, Naples, Florida, 34116, hereinafter called the "Contractor" (or
"Consultant") and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on
January 11, 2011, and terminating on January 10, 2013.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for three
(3) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
Scope of Services, attached as Exhibit" A", and the County's application submitted to,
and approved by, the U.s. Department of Justice - Bureau of Justice Assistance referred
to herein and made an integral part of this agreement. This Agreement contains the
entire understanding between the parties and any modifications to this Agreement shall
be mutually agreed upon in writing by the Contractor and the County project manager
or his designee, in compliance with the County Purchasing Policy and Administrative
Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of
this Agreement an estimated maximum amount of One Hundred Ninety Seven
Thousand Six Hundred Fourteen and 00/100 Dollars ($197,614.00), subject to Change
Orders as approved in advance by the County. Payment will be made upon receipt of a
proper invoice and upon approval by Housing, Human and Veteran Services, or his
designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the
"Local Government Prompt Payment Act".
Page 1 of7
Agenda Item No. 16D11
January 11, 2011
Page 5 of 20
3.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
David Lawrence Center
6075 Bathey Lane
Naples, Florida 34116
Attn: David C. Schimmel, Chief Executive Officer
Phone: (239) 455-8500
Fax: 239-455-6561
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Housing, Human and Veteran Services
3339 Tamiami Trail, East, Suite 211
Naples, Florida 34112
Attention: Frank Ramsey, Housing Manager
Telephone: 239-252-4663
Facsimile: 239-252-6542
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
Page 2 of7
Agenda Item No. 16D11
January 11, 2011
Page 6 of 20
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his services
in a manner satisfactory to the County as per this Agreement, the County may terminate
said agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
Page 3 of7
Agenda Item No. 16D11
January 11, 2011
Page 7 of 20
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County ten (10) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its
officers and employees from any and all liabilities, damages, losses and costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the
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'- .lLL.lU'-LVi/ v \.....ilUVi/ '--V.1L~UiLa.lll i.lL lilt:: Cl..1V.1J.J.lalLLt:: Vi llL1~ r-l.t;leel1 t'l l. >J
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Housing, Human and Veteran Services Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents that
no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Insurance Certificate, Scope of Services and Addendum/ Addenda.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
Page 4 of7
Agenda Item No. 16D11
January 11, 2011
Page 8 of 20
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Contractor to comply with the laws referenced
herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contractor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
Page 5 of7
Agenda Item No. 16D 11
January 11, 2011
Page 9 of 20
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal
Of state courts in Colli€'r County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
22. KEY PERSONNEI/PROTECT STAFFING: The proposer's persolUlel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the contract
Selected firm shall assign as many people as necessary to complete the project on a
timely basis, and each person assigned shall be available for an amount of time
adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key
Personnel unless the following conditions are met: (1) Proposed replacements have
substantially the same or better qualification,> and/or experience. (2) that the County is
notified in writing as far in advimce as possible. Firm shall make commerdally
reasonable efforts to notify Colli.er County within seven (7) days of the change. The
County retains final approval of proposed replacement personnel.
TN VVITNESS 'WI-IEREOF, the Contractor and the Connty, have each, respecUvely, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written,
A ITEST:
D\vight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Dated: _.~'"'_
(SEA L)
By:__.
, Chairman
Approved as to form and
legal sufficiency:
-- :;;
~J{)
Jennifer B. ,,\ihite
Assistant County Attorney
Page 60f7
First Witness
tType/print witness namet
Second Witness
tType/ print witness namet
Page 7 of7
Agenda Item No. 16D11
January 11, 2011
Page 10 of 20
DAVID LAWRENCE FOUNDATION
FOR MENTAL HEALTH, INC. (D/B/A
DAVID LAWRENCE CENTER)
By:
David C. Schimmel
Chief Executive Officer
Agenda Item No. 16D11
January 11, 2011
Page 11 of 20
EXHIBIT II A"
SCOPE OF SERVICES
A. PROTECT SCOPE:
On October 12, 2010, agenda item 16D3, the Board of Commissioners approved
the 2010 Bureau of Justice Assistance Adult Drug Court Discretionary Grant
(Award #2010-DC-BX-0016) with the u.s. Department of Justice - Bureau of
Justice Assistance. Details of this scope of work are consistent with and support
certain details of that agreement.
The David Lawrence Center through the Adult Drug Court will focus on adult
offenders, charged with non-violent felony drug-related offenses. The program
is a post-adjudication, court supervised, substance abuse treatment program.
Personnel and fringe benefit budget funds will fund Housing, Human and
Veteran Services' staff expenses. Travel budget funds will allow at least one (1)
participant and staff members from the Collier County Drug Court Team to
attend the National Drug Court Conference and at least one (1) participant and
staff members from the Collier County Drug Court Team to attend the "Operation
Tune Up" Training. Supply budget funds will fund the purchase of general office
supplies for Housing, Human and Veteran Services. Contractual budget funds
will include items stlch as; but not limited to, up to forty (40) hours per week in
case management personnel and fringe benefit expenses, local travel, general
office supplies, cell phone service, computer purchase(s), collection of data and
preparation of required reports and documentation, and laboratory expenses.
Other budget funds will include the purchase of drug tests and non-cash
participant incentives.
The project activities will meet the u.s. Deparhnent of Justice's Office of Justice
Programs' guidelines and objectives.
B. BUDGET
Collier County Housing, Human and Veteran Services is providing a total
amount of One Hundred Ninety Seven Thousand Six Hundred Fourteen and
00/100 Dollars ($197,614.00) for funding the project scope described above. The
Consultant shall provide a match of Eighty Four Thousand Eight Hundred Four
and 00/100 Dollars ($84,804.00). The match will be in the form of participant fees
and in-kind services. The table below, as approved by the grantor agency,
provides line items budgeted by Federal Funds, Local Match and Total Line
Budget.
Agenda Item No. 16D11
January 11, 2011
Page 12 of 20
YEAR ONE OF TWO
BUDGET DETAIL
COLLIER COUNTY
BUDGET DETAIL
Line Item Description Federal Funds Local Match Total Line Budget
Personnel $3,825.00 $0.00 $3,825.00
Fringe Benefits $1,280.00 $0.00 $1,280.00
Travel $910.00 $0.00 $910.00
Supplies $240.00 $0.00 $240.00
TOT AL YEAR ONE $6,255.00 $0.00 $6,255.00
DAVID LAWRENCE CENTER - ADULT DRUG COURT
BUDGET DETAIL
Line Item Description Federal Funds Local Match Total Line Budget
Travel $4,550.00 $0.00 $4,550.00
Contractual $82,010.00 $36,845.00 $118,855.00
Other $6,682.00 $5,557.00 $12,239.00
TOT AL YEAR ONE $93,242.00 $42,402.00 $135,644.00
SUMMARY TOTAL YEAR ONE BUDGET DETAIL
Line Item Description Federal Funds Local Match Total Line Budget
Collier County $6,255.00 $0.00 $6,255.00
David Lawrence Center $93,242.00 $42,402.00 $135,644.00
TOT AL YEAR ONE $99,497.00 $42,402.00 $141,899.00
Agenda Item No. 16D11
January 11, 2011
Page 13 of 20
YEAR TWO OF TWO
BUDGET DETAIL
COLLIER COUNTY
BUDGET DETAIL
Line Item Description Federal Funds Local Match Total Line Budget
Personnel $3,825.00 $0.00 $3,825.00
Fringe Benefits $1,280.00 $0.00 $1,280.00
Supplies $240.00 $0.00 $240.00
TOT AL YEAR TWO $5,345.00 $0.00 $5,345.00
DAVID LAWRENCE CENTER - ADULT DRUG COURT
BUDGET DETAIL
Line Item Description Federal Funds Local Match Total Line Budget
Travel $5,280.00 $0.00 $5,280.00
Contractual $80,810.00 $36,845.00 $117,655.00
Other $6,682.00 $5,557.00 $12,239.00
TOTAL YEAR TWO $92,772.00 $42,402.00 $135,174.00
SUMMARY TOTAL YEAR TWO BUDGET DETAIL
Line Item Description Federal Funds Local Match Total Line Budget
Collier County $5,345.00 $0.00 $5,345.00
David Lawrence Center $92,172.00 $42,402.00 $135,174.00
TOT AL YEAR TWO $97,517.00 $42,402.00 $140,519.00
Agenda Item No. 16D11
January 11, 2011
Page 14 of 20
TOTAL
BUDGET DETAIL
COLLIER COUNTY
AND
DAVID LAWRENCE CENTER
Line Item Description Federal Funds Local Match Total Line Budget
Personnel $7,650.00 $0.00 $7,650.00
Fringe Benefits $2,560.00 $0.00 $2,560.00
Travel $10,740.00 $0.00 $10,740.00
Supplies $480.00 $0.00 $480.00
Contractual $162,820.00 $73,690.00 $236,510.00
Other $13,364.00 $11,114.00 $24,478.00
TOTAL $197,614.00 $84,804.00 $282,418.00
Agenda Item No. 16D11
January 11, 2011
Page 15 of 20
C. PROTECT WORK PLAN
The following Project Work Plan is in effect for program monitoring
requirements only and, as such, is not intended to be used as a payment
schedule.
Date Date
Start End
01/2011 01/2012
01/2011 01/2012
01/2011 01/2012
01/2011 01/2012
01/2011 01/2012
01/2011 01/2012
01 / 2011 01/2012
01/2011 01/2012
Date Date
Start End
01/2012 01/2013
01/2012 01/2013
01/2012 01/2013
01 / 2012 01/2013
01/2012 01/2013
01/2012 01/2013
01/2012 01/2013
YEAR ONE OF TWO Work Plan
YEAR TWO OF TWO Work Plan
ants
The above Project Work Plan details items to be completed and submitted by
"Date End". Modifications to the above Work Plan require the prior written
approval of the County. A Work Plan modification will be required if the listed
activity exceeds the assigned end date by 90 days or greater. Any
modification(s) will be made an integral component of this Agreement.
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Case manaaement
Travel
Su lies
Cell hone
Com uter urchase
Data collection and re
Invoice/bill and evidence of
Invoice/bill and evidence of
Invoice/bill and evidence of
Agenda Item No. 16D11
Janua 11,2011
Pa e 16 of 20
EXHIBIT "B"
Aaenda Item No. 16D11
oJ January 11, 2011
Page 17 of 20
Department of Justice
Office of Justice Programs
Office of the Chief Financial Officer
Washington, D.C. 2053]
August 25, 2010
Chairman Fred Coyle
Collier County
3301 Tamiami Trail East
East Building J
Naples, FL 34112 - 0000
Reference Grant Number: 20 IO-DC-BX-OO I 6
Dear Chairman Coyle:
I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in
the cost categories identified below:
Category Budget
Personnel $7,650
Fringe Benefits $2,560
Travel $10,740
Equipment $0
Supplies $480
Construction $0
Contractual $236,510
Other $24,478
Total Direct Cost $282,418
Indirect Cost $0
Total Project Cost $282,4 18
Federal Funds Approved: $197,614
Non-Federal Share: $84,804
Program Income: $0
Match is required at 25% for this grant program. The applicant exceeded the required match amount by $18,933. The non-federal
share that has been incorporated in the approved budget is mandatory and subject to audit.
EXHIBIT "("
Department of lustice
Office of lustice PrograIllll
Bureau of Justice Assistance
A WARD CONTINUATION
SHEET
Grant
PAGE 2 OF 4
PR.OJECT NUMBER. 20Io-DC.8X-D016
AWARD DATIl
0812512010
SPEClA.L CONDIDONS
I, The recipient agrees to comply with the financial and adminislrative requirements set forth in the cumnt edition of the
Office of lustice Programs (OW) Financial Guide.
2. The recipient aoknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is Ilpproved by the Office for Civil Rights, is a
violation of irs Certified Assurances and may result in suspension or tUmination of funding. l1lItil such time as the
recipient Is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirelDClnts may be imposed, if outstanding audit iuucs (if any) from OMB Circular A-I 33 audits (and
any other audits ofOJP grant funds) arc not satisflU:torily and promptly addressed, as further described in the current
edition of the OJP Financial Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5. The recipient must promptly refer to the DOl OIG lUly credible evideuce that a principal, employee, agent, contractor,
subgrantee, subr:ootractor, or other person has either J) submitted a false claim for grant funds under 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 involving grant funds. This condition also appli~ to any subrccipients. Potential fraud, Wllite,
abuse, or misconduct should be reported to the O]G by .
mail:
Office of the Inspector General
U.S,~aMIoentofJustice
Investigations Division
950 Permsylvania Avenue, N. W.
Room 4706
Washington, DC 20530
e-rnall: oig.hotline@usdoj.gov
hotline: (contact infonnation in English and Spanish): (800) 869-4499
or hotline fax: (202) 6 J 6-9881
Additional infonnation is available from the DO] OIG website at www.usdoj.gov/oig.
6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any
contract or subaward to either the Association of Conununity Organizations for Reform Now (ACORN) or its
subsidiaries, without the e:x:press prior written approval orOlP.
7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70.
OlP FOR-\.{ 400012 (REV. 4-SG)
,',::;~"L : ~~,.. r L 1 cr ' ,
January 11, 2011
Page 18 of 20
'j
f\::"~IIUa IlCllll~V. IUW i i
January 11, 2011
Page 19 of 20
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PAGe 3 Of 4
PROreCTNUMBER 201o-0C.BX.OOt6
AWA1l.D DATE
Olll25n010
SPECIAL CONDIDONS
8. The recipient agrees to submit to BlA for review and approval any curricula, training materials, proposed publications,
reports, or any other written materials that will be published, including web-based materials and web aite content,
through funds from this grant at least thirty (30) working days prior to the targeted dissemination date, Any written,
visual, or audio publications, with the exception of press releases. whether published at the grantee's or government's
expense, shall contain Ibe followiog statcmeulS: "This project wu supponed by Grant No, 201()'DC-BX-oD16
awarded by the Bureau of Justice Amstance. The Bureau of Justice Assistance is a componcot oftbc Office of Justice
Programs, which also includes Ibe Bureau of Justice Statistics, the National IDlltitutc of Justice, the Office of luvcoile
Justice and Delinquency Prevention, the SMART Office, and the Office for Victims of Crime, Point& of view or
opinions in this document are those of the author and do not represent the official position or policies of the United
States Department of Justice." The current edition of the OJP Financial Ouide provides guidance on allowable printing
and publication lICtivities.
9. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection
requests, including. but not limited to, Ihe provision of any information required for the assessment or evaluation of any
activities within this project.
10. The grantee agrees to comply with the applicable rcqu~ments of28 C.F.R, Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Bued Orranizations" (the -Equal Treatment Regulation "). The Equal
Treatment Regulation provides in part that Department of Justice snmt awards of direct funding may not be used to
fund any inherently n:ligious activities, such as worship, n:ligious instruction, or proselyti7.lltion. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of JUlltice are not penni~ to discrimi'lIue in !be provision
of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith-
balled organizations may, in some circumstances, consider religion as a basis for employment. See
http://www.ojp.gov/aboutlocrfequaUbo.htm.
11. All contracts under this award should be competitively awarded unless circumstances preclude competition, When a
conlnlct &mount exceeds $100,000 and there has been no competition for the award, the recipient must comply with
rules governing sole source procurement found in the cunent edition ofthe OJP Financial Guide.
12. Approval of this award does not indicate approval of any consultant l'llte in excess of $450 per day. A detailed
justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior to
obligation or expenditure of such funds.
13. Recipient agrees to submit a written strategy describing the jurisdiction's plan for sustaining the drug court program
after Federal fmancial assistance has ended. The sustainability plan must be submitted by the end of the first year of
the grant period in order to be in compliance with this requirement,
14. Recipient agrees to develop and maintain a Drug Court Policies and Procedures manual for program operation. The
Policies and Procedures manual must be submitted by the end of the first year of the grant period in order to be in
compliance with this requin:meol.
OJP FORM 4000/2 (REV. 4-88)
f\:;j.....,I...;V :LV'li '.v. ,J_,.
January 11, 2011
Page 20 of 20
Departm~t of Justice
Office of Justice Prognun&
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PAGB 4 OF .
I'ROJECT NUMBER 10Io-DC.BX.()()16
AWARD DATE
0&'2512010
SPECIAL CONDmONS
1 S. Grantee agroca that assistance f\mda aWl\rdcd under this grant wlll not be used to support any inhcn:ntly ~ligious
activities. such as worship. ~ligious instruction, or proselytizatiOll. If the grantee refers participants to, or provides, a
non- Federally funded program or service that incorporates such ~ligious activities, (1) any such acti vitics must be
voluntuy for program participaols, and (2) program participants may not be excluded from paniclpation in a proJl1ll1l
or otherwise penalized or disadvantaged for any failure to accept a ~fcrral or services. If plIrticipatioll ill a non-
Federally funded program Dr' service that incorporates inherently religious activities is deemed a critical treatm~ or
support service for program participants, the grantee agrees to identify and ~fer participants who object to the
inherently ~ligious ac:tivitics of such program or service 10, or provide, a comparable secular alternative program or
service.
16. Recipient Ullderstands and agrees that it must submit quarterly FedcmJ Financial Rcpol1ll (SF-42S) and semi-aonual
pcrfonnance reports through GMS (https:llgrants.ojp.usdoj.gov), and that it must submit quarterly performance metrica
repol1ll through BJA's Performance McasuremCDt Tool (PMT) website (www.bjaperformancctools.org). For more
detailed information on reporting IIId other requi~ments, ~fer to BJA's wcbsitc. Failure to submit required reports by
cstablisbed deadlines may result in the freezing of grant funds and High Risk dcsignation.
17, Recipient agrees to submit an evaluation plan and/or mlllagemCDt infonnation system (MIS) plan for review and
approval within 180 days from the date of acceptance oflbis award. Tbe recipient aarces to submit finalized evaluation
report(s) to the Bureau of Justice Assistance prior to the end of the gnut period.
18. Pursuant to F..xecutive Order 13513, "Fede~ l..eadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
S 1225 (October I, 2009), the Department encouragcs recipients and sub recipients 10 adopt and enforce policics
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
gr-..nt, and to establish wodcplllC":: IilICety policies and conduct education, awareness, and other outreach 10 decrease
crnshes caused by distnctcd driVCIl!,
011' PORM 4llllOI2 (REV. +88)