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Backup Documents 02/10/2009 Item #16D10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 1 0 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered 1O the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throul!h routine: lines #1 throul!h #4, coml)lete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Dory Carrillo Housing and Human Services 2/23/2009 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder ofthc original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event onc of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be {Ielivered to the BCe office only after the Bce has actcd to approve the item.) Name of Primary Staff Dory Carrillo Phone Number 252-2682 Contact Agenda Date Item was February 10, 2009 Agenda Item Number 16D10 Approved bv the BCC Type of Document Agreement Number of Original 2 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicahle column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Connty Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bce Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exec t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final nc otiated contTact date whichever is a licahle. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be awar of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated i the attached document. The Count Attorne 's Office has reviewed the chan es, if a licablc. Yes (Initial) 2. 3. 4. 5. 6. ~l \SJ \lJ ~\~ ~ I: Forms/ County Forms/ Bee Fomls/ Original Documents Routing Slip WWS Original 9.03_04, Revised 1.26.05, Revised 2.24.05 16 D 10 MEMORANDUM Date: February 23, 2009 To: Dory Carrillo Housing & Human Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Agreement: Child Protection Team Attached, please find one original as referenced above (Agenda Item #16DI0) approved by the Board of County Commissioners on Tuesday, February 10,2009. The Minutes and Records Department has kept one of the original documents for the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures 16010 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: I. 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 services 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 Immokalee 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 hundred and seventy-five dollars, ($106,975) 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 16D10 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 u.s. Department of Justice, Office on Violence Against Women have agreed that these funds will only be used to fund projects that demonstrate expertise in the area of family violence, provide a sliding scale fee for clients, demonstrate adequate security measures, and prescribe standards and protocols by which supervised visitation or safe exchanges will occur. 5. NOTICES. All notices from the County to the 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 34102 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 Krumbine, 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 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. 2 16010 7. CONDITIONS. a. Special Conditions: The Contractor agrees to comply with the requirements set for in the Notice of Grant Award Special Conditions (Attachment A). b. Compliance with Local and Federal Rules, Regulations and Laws: During the performance of this agreement, the 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 all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the 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. 3 16010 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 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. 12. 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- 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 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. 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 receivmg Federal financial assistance to take steps to ensure that people with 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 16010 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 Liabilitv: 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. 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 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 or 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 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 16010 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 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. 6 16D10 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. ATTES'\P ,} ; 'f! ~: . " ,. . j,.(' ~ ~ Dwight E BfI,)Ck, ~Ierk of Courts 'B;: J)lt(~tf\- b{~ Dated: rc~rvdI1~'31~ =~~UI~- , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA !jJ~ d~~ By: Donna Fiala, Chairman February 10, 2009 'bm=9~ ~~" CA-IUU llo tType/print witness namet Second Witness tType/ print witness namet Approved as to form and legal sufficiency: C~(V(~ Colleen M. Greene Assistant County Attorney 7 ~ - Department of Justice Office on Violence Aaainst Women SCpkrrnbcrI3,2007 Wa.slIllfl'wn,O.c. 20J3/ Mr. lames Coletta Collier County 3301 Ta.miami Trail E. Building! Naples, FL 34112 DeBt Mr. Coletta: On behalf of Attorney Gc:ocn.l Alberto Gonz.alcs. it is my pleasure to inform you that the Office on Violence Aaainst Women has approved your application for funding under the Safe H.vem: Supervised Visitation and Safo Exchange Grant Program in tbe amount of $200,000 for Collier County. This award providel the opportW1ity for recipient! to develop and Itrenitben effective responses to violence azainst women. This grant award, made UDder the Safe Havens: Supervised Visitation and Safe Exchange Grant Program. is to lupport supervised vi.itation and laCe exchange options for families with a history of domestic violence, child abuse, aexual asuult and ata1kin&. Enclosed you will find the award package. Thi. award Is subject to all adminiltntive and financial rcquiremcnta, includina; the timely submisaion of all financial and pro~tic reports, resolution of all interim audit fmdinal. and the maintcoance of a minimum level of cash -on-hand. Should you not adhere to tbc.Ic requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other admini.rtzativc action iU appropriate. If you ha...e qucations rqpuding thia award, please contact Michelle Doda;e at (202) 353-7345. For financial questions, contact the OffIce of the Comptroller, Customer Service Center (Csq at (800) 458-0786, or by email at ask.oc@usdoj.go.... Conptulations. and we look forward to working with you. Sincerely, Mary Beth Buchanan Ai;ting Director, Office on Violence A&ainst Women Encloswes 1 16D 10 ATTACHMENT A 16010 . Department of Justice Office of Justice Programs Office for Civil Rights Wosnmgnl1/, D.C 10531 September 13, 2007 Mr. James Coletta Collier County 3301 Tamiami Trail E. Building J Naples, FL 34112 Dear Mr. Coletta: Congratulations on your recent award. In establishing fmancial 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 (DIP), 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 (OVW), 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 Pro~rams As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Sen1ces 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 V.S.C. S 200Od, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.1ep.gov. Ensuring Equal Treatment for Falth~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 Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice arc not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more infonnation on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. 2 _r____~'" _>.._...___,____..~,_.."___...___._.__.__~___~.__........,____.~__~.__.__,"",~.~~_~__.,___,...."o>"__~.._~.__~____'__"_~__'. ... -0"-.._-,,---- State Administering Agencies and faith-based organizations should also nole that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. These employment provisions have been specifically incorporated into 28 C.F.R. Part 38.1(t) and 38.2(f). Consequently, in many circumstances, it would be impennissible for faith-based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and 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.gov/ocr/. 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 assistance, 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 ofrecipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments 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 nondiscriminalion provisions of the Omnibus Crime Conlrol and Safe Slreets Act (Safe Streets Act) of 1968, 42 U.S.c. ~ 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(l) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. ~ 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. ~~ 42.205(5) 0< 31.202(5)). 1) 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 EEGP reporting requirements: If your organization has received an award for $500,000 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 of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.btm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between S25,000 and S5OO,OOO and has 50 or more employees, your organization still has to prepare an EEOP, but it does oot 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 request. In addition, your organization has to complete Section B ofthe 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 of the award; or if your organization is a medical instilution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement However, your organization must complete Section A of the Certification Fonn and return it to OCR. The Certification Fonn can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findio&s 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 16010 ~___m~.. ____._._._...<.,,~__...._._~~.~._._.~.,...___,~_w."_=_=<,'~_._~.._.~"<=-'._>_~=-"'___'___'_~___._.._~._...__,".~"H._~_'_'._'"_"_ 16010 Ensurlni the CompUance of Subredpients If your organization makes suhawards to other agencies, you are responsible for assuring that subrecipients also comply with aU of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discriminatioo, 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 sub recipients. lfwe can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our websitc at http://www.ojp.usdoj.gov/ocr/. Sincerely, ~).~ Michael L. Alston Director cc: Grant Manager Financial Analyst 4 _ "~,___,__>~~"_'_',__.,,_~,"_,,~,~,,,,___'_'.__'___'W___~_~.,,_,.~_____~_.___.,......M'~~_'_~'"_~~'~"~_' .' ,'"... ',' i 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] Naples, FL 34112 Reference Grant Number: 2007.CW.AX-0007 Dear Mr. Coletta: I am pleased to inform you that my office bas approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Budget Personnel 10 Fringe Benefits SO Travel $2,250 Equipment $0 Supplies $0 Construction SO Contractual $197.750 Other 10 Total Direct Cost 1200.000 Indirect Cost $0 Total Project Cost 1200,000 Federal Funds Approved: 1200,000 Non-Federal Share: SO Program Income: SO 5 16D10 ...._.__. ,_.____ __._..._ _._ '_~___'".__'__~_~_""'_~'''___'''~__'_"~''''''''_~.'~'_'__'.~'_~'_',,_JA~_'~__~,.__"~._..~_.__._._____. "'_""~___'.'__~"'"' 16010 If you have questions regarding this award, please cool.ael: Program Questions, Michelle Dodge, Program Manager at (202) 353-7345; and Financial Questions, the Office of the Comptroller, Customer Service Center(CSC) at (&00) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, 1("".;...'(. Y....o<l- Marcia Paull Chief Financial Officer 6 16D10 Office on Violence Against Women Grant --I PAGE 1 OF 4 I Department of Justice Office on Violence Against Women ColhcrCountySafcHl.vens SupervlscdVISll.atlon and Safe Exchange Progr1lm2007 RECIPIENT NAME AND ADDRESS (Includmg ZIp Code) -- ~..;;;;_. .....u~ -' - l ColhcrCounty 3301 TamuII,n Trail E Butldlng J 5 PROSEer PERIOD FROM 10/01/2007 TO 09/30/2009 Naples,FL34] 12 ! BUDGET PERIOD: FROM ]0/0112007 TO 09/30f2009 ~::;N~~~;200~_~_ JACTIO~ 1';".-~ i 9. rREVIOUS AWARD AMOUNT SO r~O_~OUNTOFTHISAWARD __ S200,OOO I] TOTAL AWARD S200,OOO -------~ I' IA. GRANTEE IRSNENOOR NO. 596000561 1_- 3. PROJECT TITLE 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR UMITATIONS AS ARE SET I-ORTH ON THE A IT ACHED PAGE(S). 1 ), STATUTORY AUTHORITY FOR GRANT This project is supported uOlIe( 42 U.S.C. 10420 (OYW - Supervised Visitation) ]5. METHOD OF PAYMENT I PAPRS ~ AGENCY APPROVAL I 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Mary Beth Buchanm Actina Director, Office on Violence AgBin.8t Women JamcsCo]cUt Chainnan, Collier COllDty BCC 17. SIGNA TURf OF APPROVING OfFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL ! 19A.DATE 6910[ · I'/;J~~ 120. ACCOUNTING CLAS::ICATlON CODES I FISCAL FUND BUD. DlV. YEAR CODE ACT. OFe. REG. AGENCY USE ONLY 21. CW(}7DOO]09 1 I L_A SUB. POMS AMOUNT cw " 00 00 200000 J~_ OlP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. alP FORM 4000/2 (REV. 4-88) A~t~~~ Aasista.n IIty Attorney 7 ,-~-~,--~"..-""..-,,~--,,---;,_.~~~-,.._~"-;-,----...--,-~=.-,~,----,,----;-,-~_.,~~~-,,^-,--,~--~-~---~,~~---- 16D10 ~.. !e Department of lustice Office on Violence Against Women AWARD CONTINUATION SHEET rAGE 2 Or 4 Grant i PROJ~~NUMBER 2007-CW.AX-0007 L AWARD DATE 09/1312007 SPEQAL CONDITIONS I. The recipient agrees to comply with the financial and administrative 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.P,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 of OMS Circular A-133, Audits of States. Local Governments, and Non-Profit Organizations, as further described in the current edition oflhe 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 ofOVW. 5. The grantee agrees to comply with the applicable requirements of28 C.F.R. Part 38, the Department of Justice regulation govcrning "Equal Treatment for Faith Based Organizations" (the "Equal Treatmcnt 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 proselytization. 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 1ustice are not permitted to discriminate in the provision of services on the basis of a beneficial)"s religion. 6. The grantee agrees to comply with aU relevant statutory and regulatory requirements which may include, among other relevant authorities, the Violence Against Women Act of 1994, PL. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C 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 Part 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 and July 1 - December 31 for the duration of the award. Future awards may be withheld if progress reports are delinquent. Grantees are required to submit this information online, through the Grants Management System (GMS), on the semi.annuai progress report for the relevant OVW grant programs. 8. Undcr the Government Performance 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 under GPRA and VA W A 2000 includes, but is not limited to: 1) number of persons served; 2) number of persons seeking services who could not be served; 3) number 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 Report should be submitted to the Otlice on Violence: Against Women through the Grants Management System with the Report Type indicated as "Final". alP FORM 400012 (REV. 4-88) 8 ~ ""_,_,_"",_,,,__~_"'..__."'~~ ...'.,.__._.____".._;_.__.._~~".,_._"""'"_~.~,_,,~<>=<,,_~._...""'~..,._,....__...~._____.~_~._c...~'.~_.~__.__~,_.__..".._"_.,, -~ e Department of Justice Office on Violence Against Women PAGE 3 OF 4 AWARD CONTINUATION SHEET Grant PROJECT NUMBER 2OO7-CW.AJ(..()()07 AWARD DATE 09113/2001 SPECIAL CONDITIONS 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 Of distribute reports and publications developed under this grant. 11. The grantee agrees that grant funds will not support activities that may compromise victim safety, such as: pre-trial diversion programs or the placement of offenders charged with crimes of domestic violence in such programs; mediation, couples counseling, family counseling or any other manner of joint victim-offender counseling; mandatory counseling for victims of domestic violence; forcing the victims to testity 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. Department 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. The grantee agrees that funds will not be used to support visitation or 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. OfTsite 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 normal operating hours of the visitation center. 16. Prior to implementing visitation and ex-change services, the grantee agrees to submit to OVW, for review and approval, written policies and procedures for case selection and tennination; standards by which supervised visitation andlor safe exchanges will occur; security measures; and fees charged to individuals for 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 grantee may not use grant funds to support individual counseling, family cOWlSeling, 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 prograll1ll in their work with children and parents. Accordingly, grantees must establish a cOll8ulting committee tha.t includes experts in the following fields: child abuse and neglect, mental health, haUerer's intervention, law enforcement, child protection services, and advocacy for victims of domestic violence, dating violence, stalking and sexual assault. alP FORM 4000/2 (REV. 4-88) 9 ~ 16010 16DI0 - Itj---- Department of Justice .. e............ Office on Violence Against . .: _';. Women . ..-~--- ! -~-I AWARD CONTINUATION SHEET Grant PAGE 4 OF 4 PROJECT NUMBER 2007..cW-AX-0007 AWARD DATE 09113/JOO7 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 forOVW-sponsored technical assistance may not be used for any other purpose without prior approval ofOVW. Technical assistance includes, but is not limited to, peer~to-peer consultations, focus groups, mentoring site visits, conferences and workshops conducted by OVW-designated technical assistance providers or OVW-designated consultants and contractors. 21. The grantee will provide the Office on Violence Against Women (OYW) 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 QVW. To request approval, grantees must submit a Grant Adjustment Notice (GAN) request through the grant3 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-<:ase 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 [nternal Memorandum of Agreement. 23. The Dir<<:tor of OVW, upon a finding that there has been substantial failure by the grantee to comply with applicable laws, regulations, and/or the tenns and conditions of the grant or cooperative agreement, will terminate or suspend until the Director 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 Part 18, as applicable mutatis mutandis. 24. Approval of this 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 tbe Office on Violence Against Women prior to obligation or expenditure of such funds. 25. Pursuant to 28 CFR ~66.34, the Office on Violence Against Women reserves a royalty-free, nonex.clusive, and irrevocable license to reproduce, publish or othctwise use, and to authorize others to use, in whole or in part (including in the creation of derivative works), for Federal Government purposes: (a) any work that is subject to copyright and was developed under this award, suhaward, 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 subcontIactor) 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 ffifUl8ger in connection with that approval before: 1) using award funds to purchase 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. _-.J OJP fORM 4000/2 (REV. 4-88) 10 ~ e DeparnnentofJustice Office on Violence Against Women Washington, D.C. 20531 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 of2005 (VA W A 2005). Eligible applicants for the program include states, Indian tribal governments, and units of local govenunent. 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 supeIVised 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 of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-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 61 of the Code of Federal Regulations (adopted by OVW at 28 CFR ~ 0.122(b)). 11 16D10 "",_~,_,__,,,_,_,,,_.,,,"_,_~,-,-_,~~,,,",____,_,~..""""'".___.'~~_ '''-''='''~''_'_~M'',,~''~'''''''''''''''''~"'_~"_''~.'~__~.'~__ ._.,,,. 16D10 ._m_.__'.. re . =::~"-:-^"'~w_ 1_.......::-.;'" ,_,~_v_! =,":,= GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant ---=c PAGE OF L 51 AFF CONTACT (Name &. telephone number) Michelle Dociie (202)353.7345 2. PROJECT DIRECTOR (Name, IIddn::SS &. telephone nwnbcr) I la. TITLE OF THE PROGRAM OVW FY 07 Safe Havens: Supervised Visitation and Safe Excbange Grant Program Marcy Krumbine Director, Housing &. Human Servica Department 3301 Tamillmi Trail E. . BuildingD i Naplcs,FL34112 ~~~J9) 774-8154 3h. POMS COnE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT Collier County Safe Havens: Supervised Vi5itation and Safe Exchange Program 2007 S. NAME & ADDRESS OF GRANTEE 6. NAME &. ADRESS OF SUBGRANTEE Collier County 3301 TBIDilWli Trail E. Building} I Naples,FL34112 ~7. PROGRAM PERIOD I' FROM: 1010112007 TO: 0913012009 8. BUDGET PERIOD I I FROM 10/0112007 r 10 DATE OF AWARD I 09J\312007 --t'-SECOND YEAR'S BUDoET AMOUNT I 14. THIRD YEAR'S BUDGET AMOUNT , TO: 09130/2009 9. AMOUNT OF AWARD S 200,000 11. SECOND YEAR'S BUDGET 13. THIRD YEAR'S BUDGET PERJOD J 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Safe Havens: Supervised VisilRtion and Safe Exchlll\ge Grant Program (Supervised Vuillltion Program) WIIS authorized IIll 1\ two-year pilot program under the Violence Against Women Act of2000(V A W A 2000)10 increase supervi8ed visitation and exchange options for families with a history of domestic violence, child abuse, sexulIIll&Sllult or stalking. The Program was reauthorized in 200.5 with the passage of the Violence Against Women and Department of Justice Requthorization Act of200.5 (VA W A 200S). Eligible applicants for the program include states, Indian tribal governments, and units of local government. I l OlP FORM 4000/2 (REV. 4-88) .J 12 ._..__.~_+,__'_~ .__._._w.._. "~~.._~.,___,-,___>_.~____.""__<.__'__~._._~_".""..",,,,.a.~~_.._.~'_'_'~~ _"'___~"H_.__"_'''''"'''____~'.__''"_'''~_ 16010 By statute, projects funded under the SUpcrYis<<i Visitation Program must demolllltrate expertise in the: area of family violence, provide a sliding fee scale for clients, demonstrate adequate security IDClUiurcs. and prescribe standards and protocols by which supervised visitation or safe exchanges will occur. With funding from the FY 2007 Safe: Havens; Supervised Visitation and Safe Exchange Grant Program, Collier County, in collaboration with the Collier County Child AdVOC8(;Y Council, the 12th ludicial Circuit Court, and the Shelter for Abused Women and Children, will continue to expand and enhance existing sUpelVised visitation and exchange services for families living in the rural community ofImrnokalee, Florida. The fiscal agent for this project will be lhc Collier County government The Collier County Child Advocacy Council will serve as the lead agency and wiD provide program managc:menl Specific project goalli will include: I) providing visitation services 10 150 families; 2) implementing services to improve safety for battered women and their children; 3) increasing communication with local courts; and 4) training court penonnel on Ihe dynamicll of SlJpervilled visitation and domestic violence. CAlNCF 13 l ! ATTACHMENT B A. B. C. D. E. F. G. H. Budget Category Personnel Fringe Benefits Travel Equipment Supplies Construction Consultants / Contracts Other I. Total Direct Costs Indirect Costs TOTAL PROJECT COSTS 16D10 Budget Summary Amount $ $ $ $ $ $ $106.975 $ $106.975 o $] 06,975 8 Nature 160e ~O Martha S. Vergara "~,"--*-~--,.._-_.,----_._--~,-,-"--_'~------~'__'~_'----"._._*-* From: DanielsTerri [TerriDaniels@colliergov.net] Sent: Monday, February 23, 2009 2:22 PM To: Martha S. Vergara Subject: Attachment A Attachments: approved Award docs 2007.pdf Here is attachment A Terri Terri Daniels, MPA Accounting Supervisor Collier County Housing and Human Services Department 239.252.2689 239.252.6507 fax terridan iels@colliergov.net CONFIDENTIAL: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. 2/23/2009 Nature Page 1 of 1 16010 Martha S. Vergara ---_._--~-_._-_._------_..._~-~.~--------"-_._'-~- .--------~--_.__._------~-,---------------- From: DanielsTerri [TerriDaniels@colliergov.net] Sent: Monday, February 23, 2009 2:29 PM To: Martha S. Vergara Subject: RE: Attachment A We already have it on file... From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, February 23, 20092:29 PM To: DanielsTerri Subject: RE: Attachment A Hi Terri, Does this Agreement require an insurance coverage document, it is stated in the document but there is no copy with it.. Thanks, Martha From: DanielsTerri [mailto:TerriDaniels@colliergov.net] Sent: Monday, February 23, 20092:22 PM To: Martha S. Vergara Subject: Attachment A Here is attachment A Terri Terri Daniels, MPA Accounting Supervisor Collier County Housing and Human Services Department 239.252.2689 239.252.6507 fax terridaniel s@colliergov.net CONFIDENTIAL: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this ofjice by telephone or in writing. 2/23/2009 Nature Page 1 of2 16010 Martha S. Vergara --_.~-,-_.._,---,._-_._.- .._...._--_.__..~------_..-.._-_... ....._--~--_._---._~----_..._- From: DanielsTerri [TerriDaniels@colliergov.net] Sent: Monday, February 23,20092:31 PM To: Martha S. Vergara Subject: RE: Attachment A No need for that since it is continually updated by purchasing... Terri From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk,com] Sent: Monday, February 23, 2009 2:31 PM To: DanielsTerri Subject: RE: Attachment A Do you want it include with this Agreement for the official record From: DanielsTerri [mailto:TerriDaniels@colliergov,net] Sent: Monday, February 23, 2009 2:29 PM To: Martha 5, Vergara Subject: RE: Attachment A We already have it on file... __________..___._n_______~__~__..___________.___.*_____..____..__._.,.___.._ .----------~-----------, From: Martha 5, Vergara [mailto:Martha,Vergara@collierclerk,com] Sent: Monday, February 23, 20092:29 PM To: DanielsTerri Subject: RE: Attachment A Hi Terri, Does this Agreement require an insurance coverage document, it is stated in the document but there is no copy with it. Thanks, Martha From: DanielsTerri [mailto:TerriDaniels@colliergov,net] Sent: Monday, February 23, 2009 2:22 PM To: Martha S. Vergara 2/23/2009 Nature Page 20f2 16D10 . Subject: Attachment A Here is attachment A Terri Terri Daniels, MPA Accounting Supervisor Collier County Housing and Human Services Department 239.252.2689 239.252.6507 fax terridan iel s@colliergov.net CONFIDENTIAL: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2/23/2009 .,-~._--",-,-.,~~..,...,.._,._,,-~---_..,,_..,_.__._.-_~,--~_.