Backup Documents 04/13/2021 Item #16D7 (AVOW Hospice Inc) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP , 6 D.�
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 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 through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Tracey Smith Community and Human TS 04/27/2021
Services
2. County Attorney Office—JAB County Attorney Office e- 4 I Zl
3. BCC Office Board of County `` 3 ,2,1
Commissioners J .�-
4. Minutes and Records Clerk of Court's Office (c CI'11
j2 1 Q`1S-
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Tracey Smith,Grants Coordinator 252-1428
Contact/ Department
Agenda Date Item was 04/13/2021 Agenda Item Number 16D7
Approved by the BCC
Type of Document AGREEMENT BETWEEN COLLIER Number of Original 3
Attached COUNTY AND AVOW HOSPICE INC Documents Attached
PO number or account
number if document is
to be rec orded
INSTRUCTIONS & CHECK IST
Initial the Yes column or mark"N/A"in the Not Applicable colum hiche er is Yes N/A(Not
appropriate. ( (Initial) Applicable)
1. Does the document require the chairman's original signa STAMP Jai
2. Does the document need to be sent to another agency for ad i a signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the TS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
16D1
MEMORANDUM
Date: May 14, 2021
To: Tracey Smith, Grant Coordinator
Community & Human Services
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: Agreement w/Avow Hospice, Inc.
Enclosed please find two (2) fully executed originals of the document referenced above
(Agenda Item #16D7), approved by the Board of County Commissioners on Tuesday,
April 13, 2021.
If you have any questions, please contact me at 252-8411.
Thank you.
Enclosure
Enclosures (2)
1687
Total Amount of Funds $420,861.07
Awarded
SUBRECIPIENT Name Avow Hospice, Inc.
DUNS# 168441657
FEIN 59-2201250
R&D No
Indirect Cost Rate No
Period of Performance March 1,2020-
May 31,2021
Fiscal Year End December 31
Monitor End: September 2021
AGREEMENT BETWEEN COLLIER COUNTY
AND
AVOW HOSPICE,INC.
Collier Assistance Program
THIS AGREEMENT is made and entered into this,-)
day of 2021, by and between
Collier County, a political subdivision of the State of Florida, (CO )Y having its principal address at
3339 E Tamiami Trail,Naples FL 34112,and Avow Hospice,Inc.,(SUBRECIPIENT),having its principal
office at 1095 Whippoorwill Lane,Naples, FL 34105.
WHEREAS, the COUNTY has allocated local funds for the creation of the Collier Assistance
Program for the undertaking of certain activities to assist the community in navigating the impact of the
COVID-19 outbreak;and
WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the
SUBRECIPIENT,is qualified to receive Program funding;and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking of the Collier Assistance Program.
NOW,THEREFORE, in consideration of the covenants and agreements herein contained, and for
other good and valuable consideration, the Parties hereby agree that the COUNTY will provide
Funds to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and
agreements herein set forth.
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 1
16 2
PART I
SCOPE OF WORK
The SUBRECIPIENT shall,in a satisfactory and proper manner and consistent with any standards required
as a condition of providing Collier Assistance funding, as determined by Collier County Community and
Human Services Division(CHS),perform the tasks necessary to conduct the program as follows:
Project Name: Collier County Assistance Program
Description of project and outcome: Community and Human Services,as the administrator of the
Collier County Assistance program,will make available funds to prepare,respond,and prevent the
coronavirus pandemic.
Project Component One: Technology, Software,Equipment, Supplies,and Installation services
Project Component Two: Medical Testing supplies and services
Project Component Three: Staffing: Salary Costs for COVID dedicated employees
Project Component Four: Medical Equipment installation supplies and services
1. Project Tasks:
a. Task 1: Purchase and installation of technology, equipment, software, and supplies
necessary to support telehealth,telework,and security.
b. Task 2: Medical Testing services and supplies
c. Task 3: Staffing: Salary Costs for COVID dedicated employees
d. Task 4: Medical Equipment supplies,services,and installation
2. Collier Assistance Program Documentation Requirements Compliance Criteria:
Activities carried out with funds provided under this Agreement will contribute to a
program designed to assist the community in navigating the impact of the COVID-19
outbreak.
1.1 SPECIAL CONDITIONS
The COUNTY's obligation to fund the project is subject to the following conditions precedent.
A. Within sixty (60)calendar days of the execution of this Agreement,the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project.
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 2
1607
B. The following policies must be submitted within sixty (60) days of execution of this
Agreement:
❑ Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy
• Procurement Policy
Sexual Harassment Policy
• Procedures for compliance with the requirements set forth in Section 504 of the
Rehabilitation Act of 1973,as amended(29 U.S.C. 794)
• Fraud,Waste, and Abuse Policy
• Limited English Proficiency Policy(LEP)
• Violence Against Women Act(VAWA)Policy
C. Annual SUBRECIPIENT Training—
All SUBRECIPIENT staff assigned to the administration and implementation of the
Project established by this Agreement, shall attend all CHS-offered Subrecipient training,
relevant to the Project, as determined by the Grant Coordinator.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Local Funds Amount
Project Component 1: Technology Software,Equipment, $ 88,287.22
Supplies, and Installation services.
Project Component 2: Medical Testing supplies and $251,375.00
services.
Project Component 3: Staffing: Salary Costs for COVID $42,834.00
dedicated employees.
Project Component 4: Medical Equipment installation, $38,364.85
supplies, and services.
Total Funds: $420,861.07
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Maintain and provide to the COUNTY, as requested, beneficiary and/or income
certification documentation
❑ Maintain Eligibility Documentation,retained at SUBRECIPIENT location
• Provide Monthly project progress reports to the COUNTY
• Ensure attendance by a representative from executive management at scheduled
partnership meetings,as requested by CHS
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 3
16 7
B. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Condition Policies Policies as stated in this Within sixty(60)days of
(Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate(Exhibit A Within 30 days of Agreement
execution and Annually within
thirty(30)days of renewal
Detailed Project Schedule Project Schedule Within sixty(60)days of
Agreement execution
Monthly Progress Report Exhibit C Monthly reports.
Annual Audit Monitoring Exhibit D Annually,60 days after FY end
Report
Financial and Compliance Audit Audit,Management Letter,and Annually,nine(9)months after
Exhibit D FY end for Single Audit OR one
hundred eighty(180)days after
FY end.
Program Income Reuse Plan Plan Approved by the COUNTY Annually, if applicable
C. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Submission of supporting documents Submission of
Technology Software, must be provided,as evidenced by monthly invoices
Equipment, Supplies,and receipts,invoices,credit card statements within 20 days after
Installation services. if applicable,bank statements,and any the end of the prior
other additional documentation as month.
requested. (Exhibit B)
Project Component 2: Medical Submission of supporting documents Submission of
Testing supplies and services. must be provided, as evidenced by monthly invoices
receipts,invoices, credit card statements within 20 days after
if applicable,bank statements,and any the end of the prior
other additional documentation as month.
requested. (Exhibit B)
Project Component 3: Staffing: Submission of supporting documents Submission of
Salary Costs for COVID must be provided, as evidenced by job monthly invoices
dedicated employees. description, signed timesheets, payroll within 20 days after
register,check stubs if applicable,bank the end of the prior
statements,and any other additional month.
documentation as requested. (Exhibit B)
Project Component 4: Medical Submission of supporting documents Submission of
Equipment installation,supplies, must be provided,as evidenced by monthly invoices
and services. receipts,invoices, credit card statements within 20 days after
if applicable,bank statements,and any the end of the prior
other additional documentation as month.
requested. (Exhibit B)
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 4
16D7
1.3 PERIOD OF PERFORMANCE
The SUBRECIPIENT services shall start on March 1, 2020 through December 30, 2020 for all
costs incurred and the agreement shall begin March 1,2020 and shall end on May 31,2021 unless
terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and
Termination.
If SUBRECIPIENT complies with all requirements set forth herein,this Agreement shall terminate
on May 31,2021,whereupon all obligations of the SUBRECIPIENT for repayment of funds shall
cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its
rights to recover any damages arising from or relating to SUBRECIPIENT's breach of any of the
Documents, including but not limited to this Agreement and/or any attachments hereto, which
occurred in whole or in part before said termination.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FOUR HUNDRED TWENTY THOUSAND, EIGHT
HUNDRED SIXTY-ONE DOLLARS and SEVEN CENTS ($420,861.07) for use by
SUBRECIPIENT during the term of the Agreement (hereinafter, referred to as the "Funds").
SUBRECIPIENT may use Funds only for expenses eligible under this Agreement.
The COUNTY requires that Funds from the Collier Assistance Program only be used to cover
expenses that:
A. Are necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019(COVID-19);
B. Were not accounted for in the budget most recently approved as of March 27, 2020 (the
date of enactment of the CARES Act)for the SUBRECIPIENT;and
C. Were incurred during the period that begins on March 1, 2020 and ends on December 30,
2020. Funds must qualify as a necessary expenditure incurred due to the public health
emergency and meet the other criteria of Section 601(d)of the Social Security Act.
D. Examples of eligible expenses include,but are not limited to:
i. Medical expenses
ii. Public health expenses
iii. Expenses for actions to facilitate compliance with COVID-19 related public health
measures.
iv. Expenses associated with the provision of economic support in connection with
the COVID-19 public health emergency.
Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of funds until needed for eligible costs, and all
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 5
16D7
disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
from March 1, 2020 through December 30, 2020. Invoices for work performed are required every
month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet
prepared to send the required backup,a$0 invoice is required.Explanations may be required if two
consecutive months of$0 invoices are submitted.Payments shall be made to the SUBRECIPIENT,
when requested,as work progresses but not more frequently than once per month. Reimbursement
will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
Final invoices are due no later than fifteen (15) days after the end of the Agreement. Work
performed during the term of the program but not invoiced within fifteen(15)days after the end of
the Agreement may not be processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement.Extensions must be authorized, in writing,by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for compliance and adherence to any and all
applicable Local, State, or Federal requirements. Reimbursements will only be made for
expenditures that the COUNTY provisionally determines are eligible under the Collier Assistance
Program.However,the COUNTY's provisional determination that an expenditure is eligible does
not relieve the SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are
later determined by the COUNTY to be ineligible. Except where disputed for noncompliance,
payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70,Florida Statutes,otherwise known as the"Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments will be made on a cost reimbursement basis. Each request for reimbursement shall
identify the associated project and approved project task(s) listed under this Scope of Work.
SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s)
referenced above. SUBRECIPIENT must provide adequate documentation for validating costs
incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon
compliance with Collier County procurement requirements.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier,personal delivery,or sent by facsimile or other electronic means. Either party
may change the address to which notices are to be sent to it by giving written notice of such change
to the other parting in the manner herein provided for giving notice.Any notice,request,instruction,
or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending.
All notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 6
1607
COLLIER COUNTY ATTENTION: Tracey Smith,Grant Coordinator
Collier County Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples,Florida 34112
Email: Tracey.Smith@colliercountyfl.gov
Telephone: (239)252-1428
SUBRECIPIENT ATTENTION: Annalise Smith,Sr VP of Philanthropy
Avow Hospice, Inc.
1095 Whippoorwill Lane,
Naples,Florida 34105
Email: asmith@avowcares.org
Telephone: (239)430-3197
Remainder of Page Intentionally Left Blank
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 7
1607
PART II
PROGRAM CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available for review, inspection, or audit,
all records,documentation,and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after
receipt of the report. SUBRECIPIENT'S failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning SUBRECIPIENT audits.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with Section 119.021,
Florida Statutes, to determine compliance with the requirements of this Agreement and all other
laws and regulations. This documentation shall include but is not limited to the following:
A. SUBRECIPIENT agrees to execute such documents as may be required by law or prepared
by the COUNTY to confirm SUBRECIPIENT's Agreement.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. SUBRECIPIENT shall make available to COUNTY at any time upon request, all reports,
plans, surveys, information, documents, maps, books, records, and other data procedures
developed,prepared, assembled, or completed for this Agreement. Materials identified in
the previous sentence shall be in accordance with generally accepted accounting principles
(GAAP), procedures, and practices, which sufficiently and properly reflect all revenues
and expenditures of funds provided directly or indirectly by this Agreement.These records
shall be maintained to the extent of such detail to properly reflect all net costs, direct and
indirect labor,materials,equipment,supplies and services,and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this
Agreement.
D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for three (3) years after the date of
submission of the annual performance and evaluation report. However, if any litigation,
claim,or audit is started before the expiration date of the three(3)year period,the records
will be maintained until all litigation, claim, or audit findings involving these records are
resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall
notify COUNTY in writing, of the address where the records are to be kept.
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY,all public records in SUBRECIPIENT's possession upon termination
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 8
160 ?
of the Agreement,and destroy any duplicate exempt and/or confidential public records that
and released from public records disclosure requirements.All records stored electronically
must be provided to the COUNTY in a format that is compatible with the COUNTY's
information technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, ,
3299 Tamiami Trail E, Naples FL 34112.
E. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
F. Notwithstanding any provision in the Documents to the contrary, SUBRECIPIENT agrees
that the failure or delay by the COUNTY in giving any notice or statement hereunder or
under any other Document,or any inaccuracy therein or incompleteness thereof, shall not
in any way alter or affect the absolute and unconditional obligation of the SUBRECIPIENT
to pay and perform in full,the obligations set forth hereunder, but any action taken or not
taken by SUBRECIPIENT as a direct result of such lack or delay of notice, or of
SUBRECIPIENT's good faith reliance upon a material inaccuracy therein or the material
incompleteness thereof, as the case may be, shall not in and of itself, and to the extent
thereof, constitute an Event of Default hereunder, so long as SUBRECIPIENT does not
otherwise have or receive notice or knowledge of the material contents or substance of such
notice,or of the intended substance of any inaccurate or incomplete notice,as the case may
be,and the SUBRECIPIENT acts, at all times, in good faith.
2.3 MONITORING
During the term of the Agreement,SUBRECIPIENT shall submit to the COUNTY an annual Single
Audit report (Exhibit D) no later than nine (9) months (or one hundred eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon request by
CHS, submit information and status reports required to enable CHS to evaluate said progress and
allow for completion of required reports. SUBRECIPIENT shall allow CHS to monitor
SUBRECIPIENT on site.Such site visits may be scheduled or unscheduled,as determined by CHS.
The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated with all
other applicable laws,regulations,and policies governing the funds provided under this Agreement.
Substandard performance, as determined by CHS, will constitute noncompliance with this
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 9
1607
Agreement. If SUBRECIPIENT does not take corrective action within a reasonable period after
being notified by CHS, Agreement suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide the Florida Office of Inspector General, the Florida Auditor
General, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to
performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish,maintain, and utilize internal systems and procedures to prevent,
detect,and correct incidents of fraud, waste,and abuse in the performance of this Agreement, and
provide proper and effective management of all Program and Fiscal activities of the Agreement.
SUBRECIPIENT's internal control systems and all transactions and other significant events shall
be clearly documented, and the documentation shall be readily available for monitoring by
COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all its records, employees, and
agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent
fraud,waste, and abuse.
SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False
Claims and Statements,applies to the actions of SUBRECIPIENT and its contractors pertaining to
this Agreement.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 DUPLICATION OF BENEFITS
In consideration of SUBRECIPIENT's receipt of funds from the COUNTY, SUBRECIPIENT
hereby assigns the COUNTY all of its future rights to reimbursement and all payments received
from any grant, subsidized loan, or insurance policies of any type or coverage, or any
reimbursement or relief program related to or administered by the Federal Emergency Management
Agency, the Small Business Administration, or other program to the extent that proceeds paid to
SUBRECIPIENT under this Agreement, and determined in the sole discretion of the COUNTY to
be a duplication of benefits (DOB). This shall be defined as financial assistance available to the
SUBRECIPIENT that can be used to pay the costs described under Budgeted Costs for the scope
of work described in this Agreement that are to be paid for by this program.
SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from
other relief or loan programs for this scope of work, which were not already described in the
application. If some or all the proceeds are determined to be a DOB,the DOB portion shall be paid
to the COUNTY forthwith.
AVOW HOSPICE,INC.
CCAP-0l
Collier County Assistance Program Page 10
1607
2.6 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving funds from
CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to
SUBRECIPIENT, which will require SUBRECIPIENT to submit a corrective
action plan within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a
timely manner,the COUNTY may require a portion of the awarded amount to be
returned to the COUNTY.
• The COUNTY may require upwards of 5 percent of the award amount to be
returned to the COUNTY,at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected, and has been informed by the COUNTY of their substantial
noncompliance by certified mail, the COUNTY may require a portion of the
awarded amount or the amount of the investment for acquisition of the properties
conveyed,to be returned to the COUNTY.
• The COUNTY may require upwards of 10 percent of the award amount to be
returned to the COUNTY,at the discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No.
2013-228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, the COUNTY may recommend the Agreement or award be
terminated.
• The COUNTY will make a recommendation to the Board to immediately
terminate the contract or Agreement. SUBRECIPIENT will be required to
repay all funds disbursed by the COUNTY for the terminated project. This
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 11
1607
includes the amount invested by the COUNTY for the initial acquisition of
properties or other activities.
• The SUBRECIPIENT will be considered in violation of Resolution No.
2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.7 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports and
the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary
by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit monthly progress reports to the
COUNTY on the 10th day of each month, for the prior month. As part of the report submitted at
the end of the project, SUBRECIPIENT also agrees to include, a comprehensive final report
covering the agreed-upon Program objectives, activities, and expenditures, including but not
limited to,performance data on client feedback with respect to the goals and objectives set forth in
Exhibit C,which contains an example reporting form to be used in fulfillment of this requirement.
Other reporting requirements may be required by the County Manager or designee if the Program
changes, the need for additional information or documentation arises, and/or legislative
amendments are enacted. Reports and/or requested documentation not received by the due date
shall be considered delinquent and may be cause for default and termination of this Agreement.
Remainder of Page Intentionally Left Blank
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 12
1607
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment.
Any assignee shall be bound by all the terms of this assigned documents.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with all other applicable laws, regulations, and policies
governing the funds provided under this Agreement,including the requirement to follow the Collier
County procurement process. SUBRECIPIENT further agrees to utilize funds available under this
Agreement to supplement rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall
always remain an"independent contractor"with respect to the services to be performed under this
Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the
SUBRECIPIENT is independent of the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the COUNTY'S governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY
or SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding, scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment,signed by both COUNTY and SUBRECIPIENT.
No modification or waiver of any provision of the Documents, nor consent to any departure by
SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing,and
such waiver or consent shall be effective only in the specific instance and for the purpose for which
given.No failure or delay on the part of the COUNTY in exercising any right,power, or privilege
hereunder or under the Documents shall operate as a waiver thereof, nor shall a single or partial
exercise thereof preclude any other or further exercise thereof or the exercise of any other right,
power,or privilege.
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 13
16D7
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from local funds,as provided by COUNTY, and
must be implemented in full compliance with all state and local rules and regulations. In the event
of curtailment or non-production of said funds,or the reduction of funds allocated by the COUNTY,
to a level determined by the County Manager to be insufficient to adequately administer the project,
the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the funds
will not be available. In either event,the COUNTY may terminate this Agreement,which shall be
effective as of the date it is determined by the County Manager or designee, in his/her sole
discretion and judgment, that the funds are no longer available. In the event of such termination,
SUBRECIPIENT agrees that it will not look to,nor seek to hold the COUNTY,nor any individual
member of the County Commissioners and/or County Administration, personally liable for the
performance of this Agreement, and the COUNTY shall be released from any further liability to
SUBRECIPIENT under the terms of this Agreement.
SUBRECIPIENT shall use the proceeds solely for necessary expenditures incurred due to the
COVID-19 public health emergency, and the proceeds will not be loaned, granted, or assigned to
any party and shall in no event be used for any purpose prohibited by the Documents or Regulations.
No proceeds may be used for the purchase of property or construction of existing property.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to,reasonable attorneys'and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith, defend all suits in the name of the COUNTY,
and pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
Section 768.28, Florida Statutes. This section shall survive the expiration of termination of this
Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements,descriptions of Program sponsorships,research reports,and similar public notices,
whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or
about the Program shall include the statement:
"FINANCED BY COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND
THE COMMUNITY AND HUMAN SERVICES DIVISION"
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 14
16DI
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team,to the general
public.
3.8 DEFAULTS,REMEDIES,AND TERMINATION
This Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT,
in whole or in part,by setting forth the reasons for such termination,the effective date, and in the
case of partial terminations, the portion to be terminated. However, in the case of a partial
termination, if the COUNTY determines that the remaining portion of the award will not
accomplish the purpose for which the award was made,the COUNTY may terminate the award in
its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer
effectuates the program goals.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement.
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and COUNTY guidelines, policies, or
directives as may become applicable at any time.
B. Failure,for any reason,to fulfill its obligations under this Agreement in a timely and proper
manner.
C. Ineffective or improper use of funds provided under this Agreement.
D. Submission of reports to the COUNTY that are incorrect or incomplete in any material
respect.
E. Submission of any false certification.
F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other Agreement between the COUNTY
and SUBRECIPIENT relating to the project.
H. SUBRECIPIENT assigns this Agreement or any money advanced hereunder or any interest
herein.
I. Any representation or warranty made herein or in any report, certificate, financial
statement, or other instrument furnished in connection with this Agreement shall prove to
be false in any material respect.
J. If material adverse changes occur in the financial condition of the SUBRECIPIENT at any
time during the Agreement, and SUBRECIPIENT fails to cure this adverse condition
within thirty(30)days from the date written notice is sent by the COUNTY.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies.
AVOW HOSPICE,INC.
CCAP-0l
Collier County Assistance Program Page 15
1 6 D 7
A. Require specific performance of the Agreement,in whole or in part.
B. Require immediate repayment of all funds to the COUNTY that SUBRECIPIENT has
received under this Agreement,as set forth in Section 6.2.
C. Apply sanctions,if determined by the COUNTY to be applicable.
D. Stop all payments,until identified deficiencies are corrected.
E. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY, as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
3.9 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination and any accounts receivable attributable to the use of COUNTY funds.
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary.
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A,has been obtained. Said insurance shall be carried
continually during SUBRECIPIENT's performance under the Agreement.
3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Budget and the
Scope of Work(Part I).
3.12 PURCHASING
SUBRECIPIENT is required to follow procurement standards set forth in Collier County's
Procurement Ordinance #2017-08, as amended, as outlined below. The current purchasing
thresholds are:
Collier County Procurement Standards:
Range: Competition Required
$0-$3,000 Sin le Quote with Documentation
$3,001 -$50,000i-itten Quotes
$50,001+ Formal Solicitation(ITB,RFP,etc.)
During the period of the Declared State of Emergency, emergency and exigent purchases will be
permitted, following Collier County Procurement standards, provided the SUBRECIPIENT
AVOW HOSPICE,INC.
CCAP-0l
Collier County Assistance Program Page 16
1607
submits sufficient documentation to support cost reasonableness. Acceptance of said
documentation shall be at the COUNTY's sole discretion. Regardless of the state of emergency,
any purchase in excess of$250,000 will be assessed using a price or cost analysis approved by
CHS,prior to purchase.
SUBRECIPIENT shall enter into contracts for purchases with the lowest,responsible,and qualified
bidder. SUBRECIPIENT shall procure items that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of completion. Contract
administration shall be handled by the SUBRECIPIENT and monitored by CHS,which shall have
access to all records and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of
COUNTY funds disbursed under this Agreement, such Program Income shall be utilized by the
SUBRECIPIENT for eligible activities of the Collier Assistance Program approved by COUNTY.
Any"Program Income"(as such term is defined under applicable Federal regulations)gained from
any SUBRECIPIENT activity funded by Collier Assistance Program shall be reported to the
COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT
accordingly. In the event there is a program income balance at the end of the Program Year, such
balance shall revert to the COUNTY's Collier Assistance Program,for further reallocation.
Purchase of Equipment: Equipment under the SUBRECIPIENT's control that was acquired or
improved,in whole or in part,with Collier Assistance funds shall be used to navigate the impact of
the COVID-19 outbreak, during the term of this Agreement. If the purchase of the asset was
consistent with the limitations on the eligible use of funds provided by section 601 (d)of the Social
Security Act, the SUBRECIPIENT may retain the asset. If such assets are disposed of prior to
December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of
payments from the Fund provided by section 601 (d)of the Social Security Act.
3.14 CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed.The SUBRECIPIENT may close out the project with the COUNTY after the expiration
of the Agreement.Activities during this closeout period shall include,but are not limited to making
final payments, disposing of program assets(including the return of all program income balances,
and receivable accounts to the COUNTY), and determining the custodianship of records. In
addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021,Florida Statutes regarding records maintenance, preservation,and retention.Any
balance of unobligated funds that have been advanced or paid must be returned to the COUNTY.
Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and
conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also
produce records and information complying with Section 215.97,Florida Single Audit Act.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement based on race,
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 17
1607
color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination,the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment and eligible business concerns located in or owned in
substantial part by persons residing in the project areas shall be awarded contracts in connection
with the project.
3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses and,minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement.As used in this Agreement,the term"small business"means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
"minority and women's business enterprise" means a business at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage
Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written
representations by businesses regarding their status as minority and female business enterprises in
lieu of an independent investigation.
3.17 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966.The COUNTY shall provide SUBRECIPIENT with
Affirmative Action guidelines to assist in the formulation of such program. The SUBRECIPIENT
shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
The Affirmative Action Program must be updated throughout the term of the Agreement and must
be submitted to the COUNTY within 30 days of update/modification.
3.18 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement. SUBRECIPIENT also agrees that it shall not employ or
subcontract any person having any conflict of interest. SUBRECIPIENT covenants that it will
comply with the State and County statutes, regulations, ordinances, or resolutions governing
conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit the SUBRECIPIENT's ability to self-manage the projects using its own
employees.
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 18
16D7
Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors
shall be disclosed,in writing,to CHS provided however,that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low- and moderate-income
residents of the project target area.
3.19 RELIGIOUS ORGANIZATIONS
Collier Assistance Program funds may be used by religious organizations or on property owned by
religious organizations only in accordance with requirements set forth in Executive Order 13279,
dated December 12,2002,as amended.The SUBRECIPIENT shall comply with First Amendment
Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment and will not
limit or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct funds to support any inherently religious
activities,such as worship,religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition,construction,or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, Collier Assistance
funds may not exceed the cost of those portions of the acquisition, construction, or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to Collier Assistance funds in this part. Sanctuaries,
chapels, or other rooms that a Collier Assistance funded religious congregation uses as its
principal place of worship,however,are ineligible for funded improvements.
3.20 INCIDENT REPORTING
If client services are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,neglect,
or exploitation of a child, aged person,or disabled adult.
3.21 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
3.22 MISCELLANEOUS
SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal
representatives,and assigns of such other party in respect to all covenants of this Agreement.
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 19
16D7
PART IV
GENERAL PROVISIONS
4.1 Title VI of the Civil Rights Act of 1964,as amended;Title VIII of the Civil Rights Act of 11968,
as amended.
https://www.hud.gov/programdescription/title6
4.2 Executive Order 11246(Equal Employment Opportunity),as amended by Executive Orders 11375
and 12086, which establishes hiring goals for minorities and women on projects assisted with
federal funds,and as supplemented in Department of Labor regulations.
Executive Order 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
Executive Order 11375 and 12086: see item 4.4 below
4.3 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC§2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
4.4 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/1 1478.htm1
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.5 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
4.6 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et
seq. http://library.clerk.house.gov/reference-files/PPL_101_336_AmericansWithDisabilities.pdf
https://www.law.cornell.edu/uscode/text/42/12101
4.7 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.8 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
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 21
bD7
COUNTY employee, as set forth in Chapter 112, Part III,Florida Statutes, Collier County Ethics
Ordinance No. 2004-05,as amended,and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter_112_part_iii
Collier County-
http://www.co l l i ergov.net/home/showdocument?id=35137
4.9 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.10 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.11 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.12 The SUBRECIPIENT agrees to comply with all applicable standards and agrees to report each
violation for the following:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-tit1e42/html/USCODE-2010-title42-chap85.htm
https://www.I aw.come!1.edu/uscode/text/42/chapter-85
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 22
1. 6a ?
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-tit1e33/pdf/USCODE-2011-title33-
chap26.pdf
https://www.law.corneftedu/uscode/text/33/chapter-26
I.edu/uscode/text/33/chapter-26
4.13 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit
report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after
such closeout.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535 e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div 8
4.14 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by §287.133 (3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.15 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988(41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10-
sec701
4.16 Any rule or regulation determined to be applicable by the COUNTY.
4.17 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.18 Florida Statutes 119.061 Travel,using approved state travel voucher
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0112/Sections/0112.061.html
4.19 Florida Statutes, 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/01 19.071.html
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 23
16D7
4.20 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www.lep.gov.
4.21 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context,except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf for more details.
4.22 False Claim;Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent, contractor,subgrantee,subcontractor,or other
person has either(i)submitted a false claim for funds under the False Claims Act or(ii)committed
a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving subaward agreement funds.
4.23 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.24 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving,"74 Federal Register 51225 (October 1, 2009), DIVISION encourages
recipients and SUBRECIPIENTs to adopt and enforce policies banning employees from text
messaging while driving any vehicle during the course of performing work funded by DIVISION
and to establish workplace safety policies and conduct education,awareness,and other outreach to
decrease crashes caused by distracted drivers.
4.25 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements(including requirements to report allegations)pertaining to prohibited conduct related
to the trafficking of persons,whether on the part of the SUBRECIPIENT and any employees of the
SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct
related to the trafficking of persons are posted at
https://oj p.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
4.26 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds,either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of OJP.
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 24
1 60 7
4.27 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental,or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,"
and any implementing regulations issued by the DIVISION.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mctrue&n=pt37.1.401&r
=PART&ty=HTML
(Signature Page to Follow)
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 25
16D7
IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY,have each respectively,by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTESt"'} % r'n BOARD C TY COMMISSIO ERS OF
CR, A11,K.RIIN4 CLERK COLLIER Y, FLORIDA
By:
'w, Deputy Clerk P TAYL ,CHAIRPE N
Attest astp �.Iran's
• tr `t � Date:
114 tapa-1 AVOW HOSPICE,INC.
Dated: gl
(SEAL) �—
By:
JAYSEN-RR,PRESIDENT&CEO
Date: /40y 6 2o 2/
Approved as to form and legality:
Jenni A. Belpedio a."
Assistant County Attorney �
Date: 4— `\3 \a \
AVOW HOSPICE,INC.
CCAP-O I
Collier County Assistance Program Page 26
1607
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 27
160 ?
Emergency Management Agency(FEMA)as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%)
of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect
to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s)or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 28
1 +607
EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name:Avow Hospice, Inc.
SUBRECIPIENT Address: 1095 Whippoorwill Lane,Naples,FL 34105
Project Name: Collier County Assistance Program
Project No: CCAP-01_ Payment Request#
Total Payment Minus Retainage
Period of Availability: 03/01/2020_through 05/31/2021
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3.Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Balance (Initial Amount Award request) $ $
(includes Retainage)
By signing this report,I certify to the best of my knowledge and belief that this request for payment is true,complete
and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in
the term and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the
omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud,false statements,
false claims or otherwise(U.S.Code Title 18,Section 1001 and Title 31,Sections 3729-3730 and 3801-3812;and/or
Title VI,Chapter 68,Sections 68.081-083,and Title XLVI Chapter 837,Section 837-06).
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$15,000 and above) Division Director(Approval Required$15,000
and above)
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 29
1607
EXHIBIT C
COLLIER ASSISTANCE PROGRAM
MONTHLY PROGRESS REPORT
Report Period:
Fiscal Year:
Agreement Number:
Subrecipient Name:
Programs:
Contact Name:
Contact Telephone Number:
Characteristics Report
1. Report Selection Criteria
Ethnicity
Non-
Race Hispanic Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Number of individuals served:
Mortgage Rent Utilities Total
Elderly
Disabled
Developmentally Disabled
Farm Worker
Homeless
Full-Time College Student
Children
Adults
Total
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 30
1607
3. Funds Expended:
Category Funds Expended Funds Expended
Current Month YTD
Mortgage
Rental
Utilities
Child Care
Total
4. Applications:
Monthly YTD
Number of Applications Received
Number of Applications Reviewed
Number of Applications Submitted to Neighborly
Number of Completed Applications Submitted
Number of Applications Approved
Number of Applications Paid
5. Project Progress:
Describe your progress,during the reporting period,and any impediments,if applicable.
By signing this report, I certify to the best of my knowledge and belief that the information contained in
this report is true, complete and accurate. I am aware that any false, fictitious, or fraudulent information,
or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud,
false statements, false claims or otherwise(U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-
3730 and 3801-3812).
Signature: Date:
Printed Name:
Title:
NOTE: This form subject to modification based on FDEM guidance.
Your typed name here represents your electronic signature.
AVOW HOSPICE,INC.
CCAP-01
Collier County Assistance Program Page 31
1607
EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Collier County adheres to the guidance provided in Circular 2 CFR Part 200.332 which requires it to
monitor subrecipients to determine compliance with established audit requirements (Subpart F).
Accordingly, Collier County requires that all appropriate documentation is provided regarding your
organization's compliance. In determining Federal awards expended in a fiscal year, the entity must
consider all sources of Federal awards based on when the activity related to the Federal award occurs,
including any Federal award provided by Collier County. The determination of Federal award amounts
expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F—Audit
Requirements. This form may be used to monitor Florida Single Audit Act(Statute 215.97) requirements.
Subrecipient Avow Hospice, Inc.
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
Total Federal Financial Assistance Total State Financial Assistance Expended during
Expended during most recently completed
Fiscal Year most recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or
will be completed by . Copies of the audit report and management letter are
attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ ❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑ understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
AVOW HOSPICE,INC.
CCAP-0I
Collier County Assistance Program Page 32