Agenda 02/10/2009 Item #16D10
Agenda Item No. 16D1 0
February 10, 2009
Pacie 1 of 25
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve and authorize the
Chairman to sign an agreement with Collier connty Child Advocacy Council dba Child
Protection Team to provide snpervised visitation services in Collier County. Services will
be reimbursed through a grant from the Unitcd States Department of Justice, Office on
Violence Against Women, which began September 1, 2007 and ends August 31,2009.
OBJECTIVE: For the Board of County Commissioners to approve and authorize the Chairman
to sign an agreement with the Collier County Child Advocacy Council to expand and enhance
the services of the existing local visitation center.
CONSIDERATIONS: Collier County Government was approached by the Collier County
Child Advocacy Council (dba Child Protection Team) to serve as the applicant for a Safe
Havens: Supervised Visitation and Safe Exchange Grant. By statute, this grant may only be
awarded to states, Indian Tribal governments and units of local government that propose to enter
into or expand the scope of existing contracts and cooperative agrcements with public or private
nonprofit entities to provide supervised visitation and safe visitation exchange of children by and
between parents in situations involving domestic violence, child abuse, sexual assault or stalking.
~
The Family Visitation Center offhe Collier County Child Advocacy Council is the only not-for-
profit agency in Collier County able to provide supervised visitation and safe exchangcs for
victims of domestic violence and their children.
The Collier County Board of County Commissioners has had a working relationship with the
Child Advocacy Council since 1992 working through the Human Services Departmenl to pay for
medical exams of abused children as providcd in Ii 39.304(5), Fla. Stat.
Funding will be used to improve supervised visitation services, enhance security and expand
center services. Collier County Child Advocacy Council anticipates serving 220 children and
adult victims of domestic violence each year. The goals are to keep children and adult victims
safe, to provide a positive environment for visitation and exchanges imd to assist families
through their crisis with case management services.
This is the second grant award received from the United States Department of Justice which
involves a joint commitment from Collier County as the fiscal entity for the project. The 20th
Judicial Circuit Court will continue to provide refcITals for the supervised visitation services, and
the Collier County Child Advocacy Council will provide the dircct services for the supervised
visitation. The contract period is from September 1,2008 through August 31,2009.
As Fiscal Entity for the grant, Collier County will be responsible for ensuring compliance with
the programmatic and financial rcpOliing requirements of the Office on Violence Against
Women and will be required to assume a level of monitoring responsibility to cnsure the Child
Advocacy Council is in compliance with all grant requirements,
Agenda ltem No. ~1'3D'iO
:=0bruar-y ~I 0, 2009
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FISCAL IMPACT: The total grant amount ofS200,000 is funded from the U.S. Department of
Justice, Office on Violence Against Women. Of this amount, S2,250 is retained by the County
for administrative expenses. The balancc of $197,750 is designated for the Child Protection
Team.
To date, the Child Protection Team has been reimbursed $90,775 for this grant under a previous
agreement which has expired. A new agreemcnt, effective September 1, 2008, is required to
expend the grant balance of S 1 06,975. No local County match is required for this grant.
GROWTH MANAGEMENT IMPACT: There is no growth management impact due to this
request.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure is not
required. This item requires majority vote only. This item is legally sufficient for Board action.-
CMG
REcOMMENDA TIONS: That the Board of County Commissioners approve and aufhorize the
Chairman to sign the agrecment with Collier County Child Advocacy Council.
Prepared by: Terri Daniels, Accounting Supervisor, Housing and Human Services
~
_.
Page I of 2
,4genda Item No. i 6Dl 0
February 10, 2009
Page 3 of 25
COLLIER COUNTY
BOARD OF COUNTY COMMiSSIONERS
Item Number:
Item Summary:
16D10
Meeting Date:
Recommendation for the Board of County Commissioners to approve and authorize the
Chairman to sign an agreement with Collier County Child Advocacy Council dba Child
Protection Team to provide supervised visitation services in Collier County. Services will be
reimbursed through a grant from the United States Department of Justice, Office on Violence
Agai~st Women, which began September 1,2007 and ends August 31.2009
2/10/2009 90000 AM
Prepared By
Terri A. Daniels
Grants Coordinator
Date
Public Services
Housing & Human Services
1/26/20098:34:14 PM
A pproved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
1127/200912:37 PM
Approved By
Lyn Wood
Purchasing Agent
Purchasing
Date
Administrative ServicE'S
1f27/20D9 4:29 PM
ApproH'd By
Steve Carnell
Purchasing/General Svcs Director
Purchasing
Date
Administrative Services
1/27120097:58 PM
Appro\'ed By
Marlene J, Foord
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
1.'28/200912:16 PM
Approved B)'
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
1/28/20094:22 PM
Approved B)'
Marla Ramsey
Public Services
Public Services Administrator
Date
Public Services Admin.
1/23/20095:09 PM
Appro\'cd By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1/29/20099:16 AM
Approved B)'
Jeff Klatzkow
Asststant County Attorney
Date
County Attorn~jY
County Attorney Office
11291200911:28 AM
A pproved By
Sherry Pryor
C::Junty Manager's Office
Management & Budget Ana!yst
Office of Management & Budget
D2te
1/29120092:55 PM
Apprnvl'd By
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7.141?009
Page 2of2
p,genca item No. 16D i 0
rebruaiy 10,2009
?age 4 of 25
James v, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/30/200912:59 PM
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'1H/'1nnO
/-\genda item No. 15010
February 10, 2009
Page 5 of 25
AGREEMENT
THIS AGREEMENT, made and entered into on this 10th day of February, 2009, by and
between Collier County Child Advocacy Council dba Child Protection Team, authorized
to do business in the State of Florida whose business address is 1034 6th Avenue North,
Naples, Florida 34102, ("Contractor" or "Consultant") and Collier County, a political
subdivision of the State of Florida, Collier County, Naples, ("County"):
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a one (1) year period,
commencing on September 1, 2008, and terminating on August 31, 2009. In the
event that additional grant funding becomes available or the grantor extends the
grant award, the County may, at its discretion and with the consent of the
Consultant, extend the Agreement under all of the terms and conditions
contained in this Agreement for two (2) additional one (1) year periods. The
County shall give the Consultant 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 scrvices in accordance
with the terms and conditions of Attachment A, hereto attached and made an
integral part of this agreement. Additional related services may be provided by
the Contractor subject to the issuance of Change Orders as approved in advance
by the County. Services provided under this contract may include, but not be
limited to, the following:
a_ Improve supervised VISItation services, enhance security and expand
visitation center services,
b. Increase the ability for child protection services, courts and domestic
violence agencies,
c. Provide bilingual (English/Spanish) case manager and bilingual
(English/Spanish) visitation monitor for the underserved population as
well as translators for Creole.
d. Expand services to regularly scheduled office hours in Irrunokalee with
security for supervised visitation and safe exchanges.
3. COMPENSATION. The County shall pay for contracted services performed on
behalf of Child Protection Team for the performance of this Agreement a total
amount of One Hundred and Six thousand nine Imndred and seventy-five
dollars, (5106,975) based on allowable expenses incurred. Payment will be made
upon receipt of a proper invoice and in compliance with Section 218.70 Florida
Statutes, otherwise known as the "Local Government Prompt Payment Act" and
P.c;snja item ~~o. 16010
~ F:~bru3ry iO, 20(\9
PagE: 6 of 25
a signed affidavit from the Child Protection Team Executive Director, attesting
that the work has been completed. Collier County reserves the right to withhold
and! or reduce an appropriate amount of any payments for work not performed
or for unsatisfactory performance of Contractual requirements. Budget is
included in Attachment B,
4. The County and us. Department of Justice, Office on Violence Against Women
have agreed that these funds will only be used to fund projects that demonstrate
expertise in the area of family violence, provide a sliding scale fee for clients,
demonstrate adequate security measures, and prescribe standards and protocols
by which supervised visitation or safe exchanges will occur.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly
served if mailed or faxed to the Contractor at the following address:
Collier County Child Advocacy Council
dba Child Protection Team
1034 6th Avenue North
Naples, Florida 341D2
Jacquelyn Stephens, Executive Director
Phone: 239-263-8383
Fax: 239-263-7931
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 and Human Services Department
3301 Tamiami Trail East Bldg. H!211
Naples, Florida 34112
Attn: Marcy Krumbinc, Director
Phone' 239-252-2273
Fax: 239-252-2638
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 contai.".ed 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,
2
Agenda Item 1'10. 15010
February 10, 2009
Page 7 of 25
7. CONDITIONS.
a. Special Conditions: The Contractor agrees to comply with the
requirements set for In the Notice of Grant Award Special Conditions
(Attadunent A).
b. Compliance with Local and Federal Rules, Regulations and Laws: During
the performance of this agreement, the Contractor agrees to comply with
any applicable laws, regulations and orders listed below by reference and
incorporated and made a part hereof. The Contractor further agrees to
abide by all other applicable laws as outlined in the Notice of Grant Award,
Attachment A
8. SUBCONTRACTS. Any work or services subcontracts by the Contractor shall
be specifically by written contract or agreements, and such subcontracts shall be
subject to each provision of this Agreement and applicable County, State, and
Federal guidelines and regulations. Prior to execution by the Contractor of any
subcontract hereunder, such subcontracts must be submitted by the Contractor
to Housing and Human Services for its review and approvaL None of the work
or services covered by the Agreement, including but not limited to consultant
work or services, shall be subcontracted by the Contractor or reimbursed by the
County without prior written approval of the Housing and Human Services
Director or his designee.
9. AMENDMENTS. The County may, at its discretion, amend this Agreement to
conform to changes required by Federal, State, County or Department of Justice,
Office on Violence Against Women (OVA) guidelines, directives, and objectives.
Such amendments shall be incorporated by written amendment as a part of this
Agreement and shall be subject to approval of Collier County. Except as
otherwise provided herein, no amendment to this Agreement shall be binding on
either party unless in writing, approved by the County and signed by each
Party's designee.
10. PERMITS: LICENSE TAXES. In compliance with Section 218.80, F.5., all
permits necessary for the prosecution of the Work shall be obtained by the
Contractor. Payment for aU such permits issued by the County shall be
processed internally by the County. All non-County permits necessary for the
prosecution of the Work shall be procured and paid for by the Contractor. The
Contractor shall also be solely responsible for payment of any and all taxes
levied on t.l-te Contractor, In addition, the Contractor shall comply with all rules,
regulations and laws of Collier County, the State of Florida, or the D. 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.
3
Aoenda Jt8m No. '160 '; 0
- February 10, 2009
Page 8 of 25
11. 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
goverrunental 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 conunence operation during the suspension period until the
violation has been corrected to the satisfaction of the County.
12. PROHIBITION OF Gwrs 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-
53, 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 firrn from contact with County staff
for a specified period of time; b. Prohibition by the individual andj or firm from
doing business with the County for a specified period of time, including but not
limited to: submitting bids, RFP, andj or quotes; and, c immediate termination of
any contract held by the individual andj or firm for cause.
13. 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 immediately for cause; further the County
may terminate this Agreement for convenience with a seven (7) day written
notice, The County shall be sole judge of non-performance,
14. NO DISCRIMINATION. The Contractor agrees that there shall be no
discrimination as to race, sex, color, creed or national origin.
a, Executive Order 13166, August 11, 2000 requires recipients receiving
Federal financial assistance to take steps to ensure that people vnth limited
English proficiency can meaningfully access health and social services.
Contractor's organization must comply with this requirement as set forth in
Attachment A, page 4 item 9,
4
L\Qsnda Item I'~o. 16D'1 0
'--' February 10, 2009
Page 9 of 25
15. 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 l.iability. 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.
The coverage must include Employers' Liability with a minimum limit of
$1,000,000 for each accident.
Special Requirements: Collier County 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 30 days prior to any
expiration date. There shall be a 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 rneet. The same Contractor
shall provide County with certificates ot insurance meeting the required
insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law,
the Contractor or Consultant shall indemnify and hold harmless Collier
County, its officers and employees frum any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
nar:::al~(Tal<' fpps >~ the ,ov'h::lont ~~uspd b" >h" ncg1;g''''..........C ..e~kle'^-es" or
r ..........o...~ ~~, ..'-~ .. ~~,-,-.....L' ....u. ...... J '- ..... ..., .-'.1 .....1..... I .I...... .-;7.:H_I.~,
intentionally wrongful conduct of Contractor or Consultant or anyone
employed or utilized by the Contractor or Consultant in the performance of
this Agreement This indemnification obligation shall not be construed to
5
A,;)en.ja 118m NO.1 ,3D 1 0
February 10. 2009
Page 10 of 25
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.
1.1 CONTRACT ADMINISTRATION. 'This Agreement shall be administered on
behalf of the County by the Housing and Human 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: Notice of Grant Award Terms and Conditions
(Attachment A)
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.
"
p,genda Item No. '16D10
F8bruary 10, 2009
Page 11 of 25
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
A TIESf:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLlER COUNTY, FLORIDA
By:
Donna Fiala, Chairman
February 10, 2009
By:
Dated:
(SEAL)
By:
Jacqueline Stephens
Executive Director
February 10,2009
First Witness
tTypejprintwitness namet
Second Witness
tTypcj print witness name t
Approved as to form and
legal sufficiency:
('~f(J~
/
Colleen M. Greene
Assistant County Attorney
7
1.
A IT ACHMENT B
Budget Categorv
A
Personnel
B.
Fringe Benefits
c.
Travel
D.
Equipment
E.
Supplies
F.
Construction
G.
Consultants I Contracts
H.
Other
Total Direct Costs
Indirect Costs
TOTAL PROJECT COSTS
;'\::Jsnda Item No. i 6D 10
- ce'Jruary 10. 2009
Page 12 of 25
Budget Summary
Amount
$
$
$
$
$
$
$106.975
$
$ 106.975
o
$106.975
8
I
Agenda Item ~Jo. 16D 1 0
ATTA~ENlI'1iA2009
Page 13 of 25
Department of Jllltl.ce
Office on Violence: Against Women
September 13.2007
WaUtl"fW'l.D.C. 2051)
Mr. James Coletta
Collier County
3301 Tamiami TllLiI E.
BuildingJ
Naples. FL 341 12
Dear Mr. Coletta:
On behalf of Attorney Genen.l Alberto Gonzales, it i5. my pleasure to inform you that the Office on Violencc Against Women
bas approved your application for funding under the Safe Havens: Supervised Visitation and Safe Exchange Grant Program in
the amount of $100,000 for Collier CoWlty. This award provides the opportunity for recipients to develop and strengthen
effective res,pOnsei to violence against women. This grant award, made UDder the Safe Havens: Supervised Visitation aDd Safe
Exchange Grant Program, is to support supervised visitation and safe exchange options for families with a history of domestic
violence, child abuse, sexual assault and stalking.
Enclosed you will find the award package. This award is subject 10 all administ:rativc and financial requirements, including the
timely submission of all financial and pro~c reports, resolution of all interim audit findings, and the maintenance of a
minimum level of cash-on ..band. Should you not adhere to these rcquiremenu, you will be in violation of the terms oflhis
agreement and the award will be subject to termination for C8U$e or other administmtive action as appropriate.
If you have qUCliitiOns regarding this award, pleue contact Michelle Dodge at (102) 353.7345. For fmancial questions,
contact the Office of the Comptroller, Customer Service Cenlcr (CSC) at (800) 458-0186, or by email at ask.oc@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Mary Beth Buchanan
Acting Director, Office on Violencc Against Women
Enc10swes
1
.
Department of Justice
Office of Justice Programs
Office for Civil Rights
Washington,D,C 10531
September J 3, 2007
Mr. James Coletta
Collier County
3301 Tamiami Trail E.
Building!
Naples, FL 34112
Dear Me. Coletta:
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt
of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of
Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from
DIP, its component offices and bureaus, the Office on Violence Against Women (OV\V), and the Office of
Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that
come with Justice Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race,
color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to
employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs
or activities from discriminating on the ba<;is of age in the delivery of services or benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42
U.S.C. S 2000d, recipients of Federa! financial assistance must take reasonable steps to provide me:mingful access
to their programs and activities for persons with limited Englisb proficiency (LEP). For more infonnation on the
civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the
website at http://www.lep.gov
Ensuring Equal Treatment for Faith-Based Organizations
The Department of justice has published a regulation specifically pertaining to the funding of faith-based
organizations. In general, the regulation, Participation in justice Department Programs by Religious
Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the
Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations
the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation,
religious name, or the religious composition of its board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the Department of
Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded
inherently religious activities, they must be held separately from the Department of Justice funded program, and
customers or beneficiaries cannot be compelled to participate in them. The Equal Trealrnent Regulation also
makes clear that organizations participating in programs funded by the Department of Justice arc not permitt.cd to
discriminate in the provision of services on the basis ofa beneficiary's religion. For more infonnation on Ule
regulation, piease see OCR's website at http://\VWW.ujp,usdoj.gov!ocr!etfbo.htm.
2
;\Q8nda item ~'.J.J. 16010
~ February ~ O. 2009
Page 14 of 25
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as
amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as
amended, contain prohibitions against discrimination on tbe basis of religion in employment. These employment
provisions have been specifically incorporated into 28 C.F.R. Part 38.1(f) and 38.2(f). Consequently, in many
circumstances, it would be impermissible for faith-based organizations seeking or receiving fimding authorized by
these statutes to havc policies or practices that condition hiring WId other employment-related decisions on the
religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on
OCR's website at http://www.ojp.usdoj.govfocrl. Questions about the regulation or the statutes that prohibit
discrimination in employment may be directed to this Office.
Enforcing Civil Rights Laws
All recipients of Federal financial assist.ance, regardless of the particular funding source, the amount of the grant
award, or the number of employees in the workforce, are subject to the prohibitions against unlawful
discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from
both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year
for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all scgmcnts of their service population and that their employment practices meet equal employment
opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the
nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Aet) of 1968, 42
D.S.C. ~ 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1)
complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan
(EEOP), 28 C.F.R. 9 42.301~.308, and (2) submitting to OCR Findings of Discrimination (see 2& C.F.R. 99
42.205(5) or 31.202(5)).
I) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No.6 in tbe Standard Assurances, COPS Assurance No. 8.B. or
certain Federal grant program requirements, your organization must comply with the following EEOP reporting
requirements:
If your organization has received an award for S500,000 or more and has 50 or more employees (counting both
full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to
OCR for review within 60 days from the date ofthis letter. For assist.ance in developing an EEOP, please
consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from
an EEOP specialist at OCR by dialing (202) 616-3208.
!fyour organization received an award between $25,000 and $500,000 and has 50 or more employees, your
organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead.
your organization has to maintain the EEOP on file and make it available for review on requeslln addition, your
organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can
be found at http://www.ojp.usdoj.gov/ocr/eeop.htrn.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees,
regardless of the amount orthe award; or if your organization is a medical institution, educational institution,
nonprofit organization or Indian tribe, then your organization is exempt from the EEOr requirement. However,
your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form
can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse fmding of
discrimination against your organization after a due process hearing, on the ground of race, color, religion, national
origin, or sex, your organization must submit a copy of the finding to OCR for review.
3
)\';jsnda item No. 16010
February 10. 2009
Page 15 of 25
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are respotNIible for assuring that subrecipients also
comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing
and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons.
State agencies that make subawards must have in place standard grant assurances and review procedures to
demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
lfwe can assist you in any way in fulfilling your civil rights responsibilities as a recipient o[federal funding,
please call OCR at (202) 307-0690 oivisit our website at http://www.ojp.usdoj.gov/ocr!.
Sincerely,
~ ~. AW>:--
Michael L. Alston
Director
cc: Granl Manager
Financial Analyst
4
f-\genda item !\Jo. -: 6D1 0
February 10, 2009
Page 16 of 25
Agenda Item No. i 6D"1O
F"br"ary 10. 2009
Page 17 of 25
Department of Justice
Office of Justice Programs
Office of Comptroller
Washington. D.C. 20531
September 13, 2007
Mr. James Coletta
Collier County
3301 Tamiami Trail E.
Building J
Naples, FL 34112
Reference Grant Nwnbcr: 2007.CW.AX-0007
Dear Mr. Coletta:
I am pleased to infonn you that my office has approved the following budget categories for the aforementioned grant award in
the cost categories identified below:
Category Budget
Personnel $0
Fringe Benefits 10
Travel 12.250
E4uipment $0
Supplies $0
Construction 10
Contractua.l 1197.750
Other 10
Total Direct Cost $200,000
Indirect Cost $0
Total Project Cost $200.000
Federal Funds Approved: 1200.000
Non-Federal Share: $0
Program Income: 10
5
If you have questions regarding this award, please contact:
- Program Questions, Michelle Dodge, Program Manager at (202) 353-7345; and
- Financial Questions, the Office of the Comptroller, Customer Service Center(CSC) at (800) 458-0786, or you may
contact the CSC at ask.oc@usdoj,gov.
Congratulations, and we look forward to working wilh you,
Sincerely,
11""~ }( \(~
Marcia Paull
Chief Financial Officer
6
,'\genda item i'Jo. 16010
Ff:brLJa~v 10, 2009
?ag'e 1S of 25
Agenda Item No. 16010
ce'Jruary 10, 20Ci9
Page 19 of 25
~----~epartmen~'~f J-~tice ---- - -- -
Office on Violence Against Women
-r----
--..--.---------)-
PAGE 1 OF 4
Office on Violence Against
Women
Grant
P~VlARDNUMBER: 2007-CW-AX-0007
!5_PROJECTPERIOD:FROM ]0/0112007 TO
I BUDGETPERlOD: FROM ]0/0112007 TO
1. RECIPIENT NAME AND ADDRESS (Including Zip Code)
Collier County
3101 Tamiam, Trail E. Building J
Naple~, FL 341]2
09/3012009
09/30.12009
r-;,-';:~ARDDATE '-091131200';---
L_
8. SUPPLEMENT NUMBER
I 00
r;;REVIOUS AWARD AMOUNT
L,
IA. GRANTEE IRSNENDOR NO.
5%000561
-~CTlON
I Initial
1_---
SO
3. PROJECT TITI.E
Collier County Safe Ha~ns: Supervised Visitation and Safe ~ehtr.nge
Program 2007
i 10. AMOUNT OF THIS AWARD S200,DOO
~;~AW~----~--~---;200,000
,
--_.._--~ ----_..~-~--- -_.~,...~
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR UMIT A TIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STA 11JTORY AUTHORITY FOR GRANT
This project is supported under 42 U.S.c. 10420 (OVW. Supervised Visitation)
----_.~..._---_. -_._---_...__..~------
15. METIIOD OF PAYMENT
PAPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL
GRANTEE ACCEPTANCE
Mary~thBuchanan
Acting Director. Office on Violence AgBinst Wnmen
James Coletta
Chairman, Collier County BCC
i
1-9. SIGNATURE OF AUlliORIZED REC1PIENTOFFIC~-119A. D~;~
110/9/.?[
17. SIGNA 11JRE OF APPROVING OFFICIAL
I
~~~
20. ACCOUNTING CLASSIFICATION CODES
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG.
AGENCY USE O:-a y
21. CW07DOO]09
sun. POMS AMOUNT
x
A
cw
29
00
00
200000
I
I
__--.J
OJP FORM 400012 (REV_ 5-&7) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV 4-8&)
A7:::~"':~
Asslstan nty Atttlrney
7
p,;Jenda Item No. 16010
F e'Jru 3ry 10, 2009
Page 20 of 25
Department of Justice
Offiee on Violence Against
Women
AWARD CONTINUATION
SHEET
PAGE 2 OF 4
Grant
II_PROJECTNUMB~ 2007-C~'_AX_OOO7 AWARD DATE O~fI3/2~:__
SPECIAL CONDITIONS
I The reclplcnt agrces to comply WIth the financial and admuustrabve requirements set forth In the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges 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 approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements ofOMB Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations, as further described in the current edition of the OlP Financial
Guide, Cbapter 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 Jaw, regulation or policy, at any level of govenunent without the
express prior written approval ofOVW.
5. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or pmselytization. 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 suh-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not pennitted to discriminate in the provision
of services on the basis of a beneficiary's religion.
6. The grantee agrees to comply with all relevant statutory and regulatory requirements which may include, among other
relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of
2000, P.L. 106-386, the Omnibus Crime Control and Safe Streets Act of ]968, 42 USC 3711 et seq., the Violence
Against Women and Department of Justice Reauthorization Act of2oo5, P.L. 109-162, and OVW's implementing
regulations at 28 CFR Pan 90.
7. The grantee agrees to submit semiannual progress reports that describe project activities during the reporting period.
Progress reports must be submitted within 30 days after the end of the reporting periods, which are January I.June 30
nnd July I - December 31 for the duration of the award. Future awards may be withheld if progress reports are
delinquent. Grantees are required to submit this infonnation online, through the Grants Management System (GMS), on
the semi.annual progress report for the relevant OVW grant programs.
8. Under the Government Perfonnance and Results Act (GPRA) and VA W A 2000, grantees are required to collect and
maintain data that measure the effectiveness of their grant-funded activities. Accordingly, the grantee agrees to submit
semi-annual electronic progress reports on program activities and program effectiveness measures. Information that
grantees must collect underGPRA and VAWA 2000 includes, but is not limited to: I) number of persons served; 2)
number ofpcrsons seeking services who could not be served; 3) nwnber of supervised visitation and exchange centers
supported by the program; 4) number of supervised visits between parents and children; and 5) number of supervised
exchanges between parents and children.
9.
A final report, which provides a summary of progress toward achieving the goals and objectives of the award,
significant results, and any products developed under the award, is due 90 days after the end of the award. The Final
Progress Repurt should be submitted to the Office on Violence Against Women through the Grants Management
System with the Report Type indicated as "Final".
L
OJP FORM 4000/2 (REV. 4-88)
8
JJl::...
!\genda Item No. 16D1 0
February 10. 2009
Page 21 of 25
T
I
Department of Justice
Office on Violence Against
Women
AWARD CONTINUATION
SHEET
PAGE 3 OF 4
I
,
----'
Grant
PROJECT NUMBER 2007-CW-AX-0007
AWARD DATE
09/1312007
SPECIAL CONDJTIONS
10. The grantee agrees to submit one copy of all reports and proposed publications funded under this project not less than
twenty (20) days prior to public release for OVW review. Prior review and approval ofa report or publication is
required if project funds are to be used to publish or distribute reports and publications developed Wider this grant.
11. The gran\.ee agrees that grant funds will not support activities that may compromise victim safety, such as: pre.tria!
diversion programs or the placement of offenders charged with crimes of domestic violence in such programs;
mediation, couples counseling, family counseling Of any other manner of joint victim-ofIender counseling; mandatory
counseling for victims of domestic violence; forcing the victims to testify against their abusers; or the placement of
perpetrators of domestic violence in anger management programs.
12. All materials and publications (written, visual, or sound) resulting from award activities shall contain the following
statements: "'This project was supported by Grant No. awarded by the Office on Violence
Against Women, U.S. Deparbnent of Justice. The opinions, findings, conclusions, and recommendations expressed in
this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department
of Justice, Office on Violence Against Women.
13. The grantee agrees that grant funds will be used to support services for supervised visitation and safe visitation
exchange of children by and between custodial and non-custodial parents. nle grantee agrees that funds will not be
used to support visitation OT exchange of children in foster care or protective custody of courts or social service
agencies.
14. The grantee agrees to develop adequate security measures, including but not limited to, adequate facilities, procedures,
and personnel capable of preventing violence, for the operation of supervised visitation programs or safe visitation
exchange.
15. The grantee agrees that funds will not be used to provide offsite or overnight visitation services. Offsite visitation
includes, but is not limited to, any monitored visit between a child and a non-custodial parent that occurs outside the
premises of the visitation center. Overnight visitation includes, but is not limited to, any monitored visit between a
child and a non-custodial parent that occurs outside of the nonna! operating hours of the visitation center.
16. Prior to implementing visitation and exchange services, the grantee agrees to submit to OVW, for review and approval,
written policies and procedures for case selection and termination; standards by which supervised visitation and/or safe
exchanges will occur; security measures; and fees charged to individuals fOf use of program services.
17. The grantee agrees that if fees are charged for use of programs or services, any fees charged must be based on the
income of the individuals using the programs or services, unless otherwise provided by court order.
18. Grant funds shall be used to support supervised visitation and safe visitation exchange of children by and between
parents in situations involving domestic violence, child abuse, sexual assault, or stalking. In accordance with 42 use
10420, the granlee may not use grant funds to support individual counseling, family counseling, parent education,
support groups or therapeutic supervision. The grantee may not mandate victims to parent education or other program
services.
19. Supervised Visitation Grant Program grantees are required to develop fonnal affiliations with organizations that will be
able to provide services and consultation to the programs in their work with children and parents. Accordingly, grantees
must establish a consulting committee that includes experts io the following fields: child abu<;e and neglect, mental
health, batterer's intervention. law enforcement, child protection services, and advocacy for victims of domestic
violence. dating violence, stalking and sexual MS-:1U!t
OJP FORM 4OClOn (REV, 4-88)
9
17'
,L\:Jenja Item No, 16010
c, February 10, 2009
Page 22 of 25
4\
~
Department of Justice
Office on Violence Against
Women
AWARD CONTINUATION
SHEET
-l
I
PAGE <I OF 4
Grant
I
-I
I
j- ~R~JE-CTNUMBE~ ~~7~.~-~X-0007 -~~~--
I
I
AWARD DATE
09113/2007
SPECIAL CONDITIONS
20.
The grantee agrees to allocate project funds as designated by the Office on Violence Against Women for allowable
costs to participate in OVW.sponsored technical assistance. Funds designated for OVW.sponsored technical
assistance may not be used for any other purpose without prior approval of OVW. Technical assistance includes, but is
not limited to, peer.to.peer consultations, focus groups, mentoring site visits, conferences and workshops conducted
by OVW -designated tcchnical assistance providers or OVW -designated consultants and contractors.
21. The grantee will provide the Office on Violence Against Women (OVW) with the agenda for any training seminars,
workshops, or conferences not sponsored by OVW that project staff propose to attend using grant funds. The grantee
must receive prior approval from OVW before using OVW grant funds to attend any training, workshops, or
conferences not sponsored by OVW. To request approval, grdntees must submit a Grant Adjustmenl Notice (GAN)
request through the grants management system to OVW with a copy of the event's brochure, curriculum and/or agenda,
a description of the hosts or trainers, and an estimated breakdown of costs. The GAN request should be submitted to
OVW at least 20 days before registration for the event is due. Approval to attend non-OVW sponsored programs will
be given on a case.by-case basis.
22. The grantee agrees to submit for OVW review and approval any anticipated addition of, removal of, or change in
collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding, and if
applicable, the Internal Memorandum of Agreement.
23. The Director ofOVW, upon a finding that there has been substantial failure by the grantee to comply with applicable
laws, regulations, andlor the terms and conditions of the grant or cooperative agreement, will terminate or sll.<;pend umil
the Direclor is satisfied that there is no longer such failure, all or part of the grant or cooperative agreement, in
accordance with the provisions of 28 CFR Pan 18, as applicable mutatis mutandis.
24. Approval oEthis award does not indicate approval of any consultant rate in excess of $450 per day. A detailed
justification must be submitted to and approved by the Office on Violence Against Women prior to obligation or
expenditure ofsucb funds.
25. Pursuant to 28 CFR ~66.34, the Office on Violence Against Women reserves a royalty. free, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, in whole or in pan (including
in the creallon of derivative works), for Federal Govemmem purposes:
(a) any work that is subject to copyright and waf; developed Illlder this award, subaward, contract or subcontract
pursuant to this award; and
(b) any work that is subject to copyright for which ownership was purchased by a recipient, subrecipient or a contractor
with support under this award.
In addition, the recipient (or subrecipient, contractor or subcontractor) must obtain advance written approval from the
Office On Violence Against Women program manager assigned to this award. and must comply with all conditions
specified by the program manager in connection with that approval before: I) using award funds to purcha,<;e ownership
of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new
work developed under this award.
It is the responsibility of the recipient (and of each subrecipient, contractor or subcontractor as applicable) to ensure
that this condition is included in any subaward, contract or subcontract under this award.
OJP fORM 4000/2 (REV. 4+88)
10
~
P,genda ltem No. : GD1 0
February 10. 2009
Page 23 of 25
fJ
Department of Justice
Office on Violence AgainsJ Women
WlUhillglOn,D.C 20Hl
Memorandum To: Official Grant File
From:
Mamie R. Shiels, Environmental Coordinator
Subject:
Categorical Exclusion for Collier County
The Safe Havens: Supervised Visitation and Safe Exchange Grant Program (Supervised Visitation
Program) was authorized as a two-year pilot program under the Violence Against Women Act of
2000(V A W A 2000)to increase supervised visitation and exchange options for families with a history of
domestic violence, child abuse, sexual assault or stalking. The Program was reauthorized in 2005 with
the passage of the Violence Against Women and Department of Justice Requthorization Act of 2005
(VA W A 2005). Eligible applicants for the program include states, Indian tribal govenunents, and units
of local government. By statute, projects funded under the Supervised Visitation Program must
demonstrate expertise in the area of family violence, provide a sliding fee scale for clients, demonstrate
adequate security measures, and prescribe standards and protocols by which supervised visitation or safe
exchanges will occur.
None of the following activities will be conducted under the OVW federal action:
1. New construction.
2. Any renovation or remodeling ofa property either (a) listed on or eligible for listing on the National
Register of Historic Places or (b) located within a ]OO-year floodplain.
3. A renovation which will change the basic prior use of a facility or significantly change its size.
4. Research and technology whose anticipated and future application could be expected to have an effect
on the environment.
5. Implementation of a program involving the use of chemicals,
Consequently, the subject federal action meets the criteria for a categorical exclusion as contained in
paragraph 4(b) of Appendix D to Part 6] of the Code of Federal Regulations (adopted by OVW at 28
CFR S O.122(b)).
11
L\g3n:::a item No. 16D 1 0
February 10, 2009
Page 24 of 25
e
Department of Justice
Office 011 Violence Against Women
"I' GRANT MA."AGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
I
I
Grant
PROJECT NUMBER
2007-CW-AX-0007
PAGE I OF 1
This project is supported under 42 U.S.c. 10420 (OVW. Supervi5ed Visitation)
i
r-----~_.."--~-_.--..~-.--
! 1. 51 AFF CONTACT (Name & telephone number)
I Michelle Dodge
I (202)353-7345
1. PROJECT DIRECTOR (Name, address & telephone num~)
Man:y Knunbine
Di~lor, Housing & Human Services Department
3301 Tamiami Trail E.
BuildingD
Naples,FL34112
(239) 774-&154
3a. TITLE OF THE PROGRAM
OVW FY 07 Safe Havens: Supervised Visitation and Safe Exchange Grant Program
3b. rOMS CODE (SEE INSTRUCTIONS
ON REVERSE)
4. TInE OF PROJECT
Collil:r County Safe Havens: Supervised Visitation and Safe Exchange Program 2007
OJllierCounty
3301 Twniami Trail E. Building J
Naples, FL 34112
--l---- .~-------
6. NAIvIE & ADRESS OF SUBGRANTEE
I
5. NAME & ADDRESS OF GRM.'TEE
I
I
r~ PROGR-AM- PERIOD
I
19. AMOUNT' OF AWARD
S 200,000
8_ BUDGET PERlon
FROM:
10/0112007
TO: 09/30/2009
FROM:
10/0112007
TO: 0913012009
11. SECOND YEAR'S BUnGET
I
I
I
~I
10. DATE OF AWARD
09/13/2007
12. SECOND YEAR'S BunGET AMOlJNT
liU'"",~,"~"'''OO , ,.~~"^"_i"",,,,"- -
1!5:-SUMMARY DESCRIPTION OF PROJECT (S~ i;;;''';~;~-O" ~;;;,,).. I ----.----
I The Safe Havens: Supervised Visitation and Safe Exchange Grant Program (Supervised Visitation Program) was authorized as a two-year pilot
program under the Violence Against Women Act of2000(V A W A 2000)to increase supervised visitation and eltchange options for families with a
I history of domestic VIOlence, child abuse, 5eltual assault or stalking. The PTogmm was reauthon:wd in 2005 with the pllSsage of the Violence
Against Women Bnd Department of JLlstice Requthori7.ation Act of2005 (VA W A 2005). Eligible applicants for the proglllm include states, Indian
I tribal governments, and units of10<:al govemmenL
I
,
,
L
OlP FORM 4000/2 (REV. 4-88)
I
I
.~___...J
12
,Agenda item l'~o. 16010
February 10. 2009
Page 25 of 25
[;;-- --------~- -~ ------ -- ------ _.
By statute, projects funded under the SUpcrYlSed V1SltatlOn Program must demonstrate experil5e m the area of famIly violence, provide /I sliding
fee scale for chents, demonstrate adequate secunty mCIlSUfCIi, and proSl;;ube standards and protocols by which supervised VISItation or safe
exchanges will occur.
l
With funding from the FY 2007 Safe Havens: Supervised Visitation and Safe Exchange Grant Program, Collier County, in collaboration with the
Collier County Child Advocacy Council, the 12th Judicial Circuit Court, and the Shelter for Abusc<l Women s.nd Children, will continue \.0 expand
and enhance existing supervi;;ed visitation and exchange services for families living in the rural community ofImmokalee, Florida. The fiscal agent
for this project will be the Collier County government The Collier County Child Advocacy Council will serve lIS Ihe lead agency and will provide
program management. Specific project goals will include: I) providing visitation servicell to 150 families; 2) implementing services to improve
safety for battered women and their children; 3) increasing communication with local courts; IlIld 4) trllining court personnel on the dynamic~ of
supervised visitation and domestic violence.
CAlNCF
I
I
"---
13