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Agenda 12/14/2021 Item #16D 7 (1 Amendment w/Naples Senior Center at JFCS, Inc.)12/14/2021 16.D.7 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairperson to sign the First Amendment between Collier County and Naples Senior Center at JFCS, Inc. to modify the expenditure language and provide clarity of the performance period for COVID-related activities under the Collier County Assistance Program (CCAP). (Community & Human Services Grant Support Fund 123) OBJECTIVE: Continue to provide funding to support Collier County in the ongoing response and mitigation of the Coronavirus pandemic. CONSIDERATIONS: The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. The CARES Act included a $150 billion CARES fund to provide payments to State, Local, and Tribal governments navigating the impact of the COVID-19 outbreak. On June 16, 2020, Governor Ron DeSantis announced Florida's plan to distribute $1.275 billion in CARES Act funds to counties with a population below 500,000, including $67,162,432 to Collier County. On February 9, 2021, Agenda Item #11C, the Board of County Commissioners (Board) approved the implementation of the Collier County Assistance Program (CLAP). As part of this action, the Board approved allocations to a variety of programs to support ongoing community assistance programs, specifically Social Services and Food Pantries/Banks. On July 13, 2021, Agenda Item #16139, the Board approved the Naples Senior Center at JFCS, Inc. (NSC) CCAP agreement to provide funding to assist with future and previously incurred costs in response to the COVID-19 pandemic. The subrecipient agreement included vaccine clinic costs to protect over 7,500 seniors in Collier County. The proposed First Amendment clarifies the performance period to include March 1, 2020 through March 29, 2022, to continue to provide reimbursement for expenses incurred by NSC in their efforts to combat the spread of COVID-19. FISCAL IMPACT: The Naples Senior Center at JFCS, Inc. agreement has no new Fiscal impact. The funds are budgeted in Housing Grant Fund (123), project 33699. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. - JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: To approve and authorize the Chairperson to sign the First Amendment between Collier County and Naples Senior Center at JFCS, Inc. to modify the expenditure language and provide clarity of the performance period for COVID-related activities under the Collier County Assistance Program (CCAP). (Community & Human Services Grant Support Fund 123) Prepared By: Tracey Smith, Grants Coordinator, Community & Human Services Division ATTACHMENT(S) 1.07-19-2021 Fully Executed Agreement - Naples Senior Center at JFCS Inc (PDF) 2. Naples Senior Center Amendment #1 CAO (PDF) Packet Pg. 1565 16.D.7 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7 Doe ID: 20610 Item Summary: Recommendation to approve and authorize the Chairperson to sign the First Amendment between Collier County and Naples Senior Center at JFCS, Inc. to modify the expenditure language and provide clarity of the performance period for COVID-related activities under the Collier County Assistance Program (CCAP). (Community & Human Services Grant Support Fund 123) Meeting Date: 12/14/2021 Prepared by: Title: — Community & Human Services Name: Tracey Smith 11/09/2021 4:47 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 11/09/2021 4:47 PM Approved By: Review: Community & Human Services Heidi Vitorino Additional Reviewer Community & Human Services Maggie Lopez Additional Reviewer Community & Human Services Donald Luciano Additional Reviewer Community & Human Services Blanca Aquino Luque Additional Reviewer Operations & Veteran Services Kimberley Grant Additional Reviewer Public Services Department Todd Henry Public Services Department Public Services Department Dan Rodriguez PSD Department Head Grants Erica Robinson Level 2 Grants Review County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer Growth Management Operations Support Christopher Johnson County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 11/09/2021 5:04 PM Completed 11/09/2021 6:17 PM Completed 11/09/2021 6:21 PM Completed 11/10/2021 4:44 PM Completed 11/10/2021 5:55 PM Completed 11/12/2021 9:52 AM Completed 11/16/2021 7:23 PM Completed 11/17/2021 3:51 PM Completed 11/19/2021 3:05 PM Completed 11/19/2021 3:22 PM Completed 11/22/2021 9:57 AM Completed 11/22/2021 10:30 AM Additional Reviewer Completed Completed 12/03/2021 2:45 PM 12/14/2021 9:00 AM Packet Pg. 1566 16.D.7.a Total Amount of Funds Awarded $57,000.00 SUBRECIPIENT Name Naples Senior Center at JFCS, Inc. DUNS-9 012898538 FEIN 45-3980909 R&D No indirect Cost Rate No Period of Performance 01 /01/2021 — 09/30/ 0021 Fiscal Year End 06/30 Monitor End: 12/30/2021 AGREEMENT BETWEEN COLLIER COUNTY AND NAPLES SENIOR CENTER AT JFCS, INC, Collier Assistance Program 13+4 THIS AGREEMENT is made and entered into this J day of I KIW 202 1 by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Taminmi Trail, Naples FL 34112, and Naples Senior Center at JFCS, Inc., (SUBRECIPIENT), having its principal office at 5025 Castello Drive, Naples, FL 34103. WHEREAS, the COUNTY has allocated local fiends 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. NAPLES SENIOR CENTER AT JFCS, INC. CCAP•04 Collier County Assistance Program Page I Packet Pg. 1567 16. D.7.a a a U PART I v L SCOPE OF WORKCD = ', The SUBRECIPII;NT sliall, in a satisfactory and proper manner and consistent with any standards required o 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: y N d Project Name: Collier County Assistance Program z Description of project and outcome: Conim uunity and Human Services, as ilia administrator of the Collier County Assistance program, will make available funds to prevent, prepare and respond to the coronavirus pandemic. E c Project Component One: Staffing; Salary costs °' E a Project Component Two: Temporary Office Personnel c cc Project Component Three: Transportation Services Project Component Four: Office Supplies and Printing costs Project Component Five: Phones, Installation c``;. Services 1. Project Tasks: a. Task 1: Staffing: Salary costs b. Task 2: Contracted -'Temporary Office Personnel a, Task 3: Costs associated with transporting patients to and from vaccine clinics, to include but not limited to mileage, taxi, uber, gasoline etc. d. 'Task 4: Office supplies and printing costs Task 5: Purchase, setup, and installation of phones and additional plione lines to accommodate increased volume at the vaccine clinics. 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 pandemic. 1.I SPECIAL CONDITIONS r N O N The COUNTY's obligation to fund the project is subject to the following conditions precedent. o� A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT e must deliver to CHS for approval a detailed project schedule for the completion of the project. E t NAPLES sr -molt crN-rm A'rjFcs, mc. � CCAP•o9 Q Collier County Assistance Program Page 2 Packet Pg. 1568 16. D.7.a B. The following policies must be submitted within sixty (60) days of execution of this Agreement: Affirmative Fair Housing Policy Affirmative Action/ Equal Ol)portullity 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 ® Language Assistance and Planning Policy (LAP) ® Violence Against Women Act (VAWA) Policy C. Annual SUBRECIPIENTTraining— 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, not to exceed three (3) sessions. D. Place Additional Special Conditions here: if applicable. Otherwise delete this line. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Local Funds A1110L1llt Project Comp pent 1: Staffing: Salary costs $33,834.00 Project Component 2: Contracted Temporary Office Personnel $12,206.00 Project Component 3: Transportation Services to include associated cost and service $ 6,958.00 Project Component 4: Office Stl >lics and Printin costs $ 2,438.00 Project Component 5: Phones, Installation & Services $ 1,564.00 Total Funds: $57,000.00 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Maintain and provide to the COUNTY, as requested, beneficiary and/or income > certification documentation LL ❑ Maintain Eligibility Documentation, retained at SUBRECIPIENT location N ® Provide Monthly project progress reports to the COUNTY N ® Ensure attendance by a representative from executive management at scheduled o� partnership meetings, as requested by CHS (❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager E t NAPLES SENIOR CENTER AT JFCS, INC. CCAII.04 Q Collier County Assislanm Progrnm Page 3 Packet Pg. 1569 16.D.7.a ❑ Provide Site Design and Specifications B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule 17ocunwmation Special Condition Policies Policies as states{ in this Within sixty (60) clays of Section I. l Agreement _ Agreement execution Insurance Insurance Certificate (Exhibit A Within 30 days of Agreement execution and Annually within thin 30 (lays of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of A reement execution Monthly Progress Report Exhibit C Monthly reports. Annual Audit Monitoring Exhibit D _ Annually, within 60 days after Report Fiscal Year end Financial and Compliance Audit Audit, Mainagement Letter, and Annually; nine (9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty (180) days after FY end, Program Income Reuse Plan Plan Approved by the COUNTY Annually, ifapplicable C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Staffing: Submission of supporting documents Monthly submission Salary costs must be provided, as evidenced by job within 30 days of the descriptions, timeshects signed by prior month. employee and supervisor, payroll register, payroll liability, check stubs, bank statements, and any other additional documentation as requested. Exhibit B Project Component 2: Contracted Submission of supporting documents Monthly Submission Temporary Office Personnel must be provided, as evidenced by within 30 days of the temporary personnel job descriptions, prior ittoiith. Temporary personnel contract agreement, invoices, proof of payment, credit card statements if applicable, bank statements, and any other additional documentation as requested. Exhibit B Project Component 3: A Submission of supporting documents Monthly submission Transportation Services to must be provided, as evidenced by within 30 days of the include associated cost and invoices, proof of payment, credit card prior month, services statements if applicable, bank statements, and any other additional documentation as requested, Exhibit l3 Project Component 4, Office Submission of supporting documents Monthly submission Supplies and Printing costs must be provided, as evidenced by within 30 clays of the invoices goof of 3a ment, credit card prior month, NAPLES SENIOR CENTER AT JECS, INC. CCAII-04 Collier County Assislatice Program Page 4 Packet Pg. 1570 16. D.7.a statements if applicable, batik statements, proof of delivery and ally other additional documentation as requested, Exhibit B Project Component 3: Submission of supporting documents Monthly submission Phones,equip€uent,ilistallatiolt & must be provided, as evidenced by within 30 days of the Serviem invoices, proof of payment, credit card prior 111011111. statements if applicable, bank statements, proof ofdel ivery and any other additional documcniation as re uested. Exhibit B 1,3 PE, RIOD OF PERFORMANCE E The SUBRECIPIENT services shall start on March 1, 2020 for prior incurred costs and terra of -0 agreement sliall begin January 1, 2021 and shall end on September 30, 2021unless terminated E carlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and Termination. a 0 `file Cotutty Manager or dcsignee may extend (lie term of this Agreement for a period of up to 180 c clays after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. if SUBRECIPIEN'f complies with all requirements set forth herein, this Agreement sliall terminate oil September 30, 2021, whereupon all obligations of the SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not Nvaive its rights to recover ally damages arising from or relating to SUBRECIPIENT's breach of ally of the Documents, including but not limited to this Agreement andlor any attachments hereto, which occurred in whole or in part before said termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIFTY SEVEN THOUSAND DOLLARS and ZERO CENTS ($57,000.00 for use by SUBRECI1'IEN`I' during the term of the Agreement (hereinafter, shall be referred to as tlrc "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 inetuTed 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 oil March 1, 2020 and ends on December 30, 2020. Funds must qualify as a necessary expenditure incurred due to the public hcalth emergency and meet the other criteria of Section 601(d) of the Social Security Act. D. laxamples of eligible expenses include, but are not limited to: i. Medical expenses NA€'LES SENIOR CENTER AT JFCS, INC. CCAP-o4 Collier County Assislauce Program Page 5 Packet Pg. 1571 16. D.7.a ii. Public health expenses iii. Expenses for actions to facilitate compliance with COV1D-19 related public health measures. iv. Expenses associated with the provision of eeoltottlie support ill canneotion with the COVID-19 public health emergency. Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund (1) shifts among litic items shall not be more than 10 percent of the total funding amount and shall not 0. signify a change in scope. Fund shins that exceed 10 percent of the Agreement amount shall only z be made with Board of County Commissioners (Board) approval, c The COUNTY shall reimburse SUBRECIPIENT for the performtance of this Agreement upon E 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 disbursement requests must be limited to the amoLmt needed at the time of the request. a SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred c from March 1, 2020 through December 30, 2020, Invoices for work performed are required every month. If no work has been performed during Iliat month, or if the SUBRECIPIENT is not yet N 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 ntiiiintum level of service required by this u- Agreement. Final invoices are due no later than fifteen (15) days after tine 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. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirettteltts, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables are received by CHS. 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 ditty 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 tasks) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that inay 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 Comity procurement requirements. 1.6 NOTICES NAPLES SENIOR CENTER AT JFCs, INC. CCAP-04 Collier Counly Assislance Program Page 6 Packet Pg. 1 2 16. D.7.a 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 Motive. Any notice, reclueSt, 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 (his Agreement Shall be addressed to the individuals in the capacities indicated below, tmless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Tracey Smith, Grant Coordinator Collier County Community and Human Services Division E 3339 E Tanhiami Trail, Suite 211 -0 c Naples, Florida 34112 W Email: Tracey.Snhitlh@collicrcourityfl.gov a Telephone: (239) 252-1428 c SUBRECIPIENT ATTENTION: Dr. Jaclynn Faffer, President/CGO cc Naples Senior Center at JFCS, Inc. u 5025 Castello Drive 9 Naples, Florida 34103 U Email; jfaffer(r naplesseniorcenter.olg LL Teleplhone: (239) 325-4444 r �o Remainder- of Page Intentionally Left Blank NAPLES SENIOR CENTER AT JFCS, 10C. CCA P-04 Collier County Assist mcc Program Page 7 Packet Pg. 1573 16. D.7.a DART II PROGRAM CONTROL REQUIREMENTS 2A AUDITS At any time during normal busiucss 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 cleat 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 witli Section 119,021, Florida Statutes, to determine compliance with the requirements of this Agreement and all other laths and regulations. This documentation shall include but is not limited to the following: A. SUBRECIPIENT agrees to execute such CloetlillelltS 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 main taitied to the extent of such detail to properly rcflect 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 sliall 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 turtil 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 shrill tweet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT's possession upon termination NAPLCS SENOR CENTER AT JFCS, INC. CCA11.04 Collier Comity Assistance Program Page 8 Packet Pg. 1574 16. D.7.a 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 (lint is compatible with the COUNTY's information technology systems. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252--68321, 3299 Tamitami Trail K, Naples FIB 34112. E. SUBRECIPIENT shall provide the public with access to public records out the same teems 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 file 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 tile material contents or substance of such notice, or of tite intended substance of any inaccurate or incomplete notice, as the case may be, and the SUBRECIPIENT acts, at all limes, in good faith, 2.3 MONITORING During the ICI.111 of this Agreement, SUBRECIPIENT shall submit to the COUNTY all Annual Audit Monitoring report (Exhibit D) no later than 60 clays after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT sliall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (I80) clays for Subrecipicuts 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 Iio 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, subunit Information and status reports required to cnable Cl IS 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 cetermined by CHS. NAPLES SENIOR CENTER AT Ji'CS, INC. CLAP -Out Collier County Assistance Program Page 9 Z E W E Q 0 0 N Packet Pg. 1575 16. D.7.a The COUNTY will monitor the performance of SUBRECIPIENT in all attempt to mitigate fraud, waste, abuse, or non-performance, based oil goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the fiends provided udder this Agreement. Substandard performance, as determined by CHS, will constitute noncompliance with this 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 A13USE a� SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent, 0 detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and aD provide proper and effective management of all Program and Fiscal activities of the Agreement. Q SUBItECIPIENT'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 cc COUNTY. N 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 ofSUBRECIPIENT'S 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 ally 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 ill the sole discretion of the COUNTY to be a duplication of benefits (DOB). 'Ellis shall be defined as financial assistance available to the SUBRECIPIENT that car be used to pay the costs describes) ruder 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 ally 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 fortlnvitll. NAPLI:S SENIOR CENTER AT JFCS, INC. CCAP-04 Collier Counly Assistance Program Page 14 Packet Pg. 1576 16. D.7.a 2.6 CORRECTIVE ACTION Corrective action plates Iuay be required for noncompliance, nonperformance, or unacceptable perforninnee under this Agreement. Penalties may lie imposed for failure to implement or to make acceptable progress oil such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted all escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving funds ft'om CHS. The escalation policy for noncompliance is as follows; Initial noncompliance may result ill the COUNTY issuing Findings or Concerns to SUBRECIPIENT, which will require SUBRECIPIENT to submit a corrective action plan within 15 clays following issuance of the report. + Any pay requests that have been submitted to the COUNTY foi- 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, ill 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 S percent of the award amount to be returned to the COUNTY, at the discretion of the Board. + The SUBRECIPIEN"I' may be denied future consideration as set forth in Resolutioti 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 antouttt or the attiount 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 ill 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, r The COUNTY will make a recommendation to the Board to immediately terminate file contract or Agreement. SUBRECIPIENT will be required to NAPLES SF.iVIOR LINTER AT Jres, INC, CCAP-04 Collier County Assistance Program Page 1 1 r N 0 N 0 0 c a� t u a Packet Pg. 1577 16. D.7.a repay all funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • The SUBRECIPIENT will be considered ill violation of Resolution No. 2013-2M 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 terns of this Agreement, SUBRECIPIFNT shall submit monthly progress reports to the COUNTY on the IOth day of each nionth, for the prior month. As part of the report submitted at (lie 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 requirermeat. 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 ameltdnlents 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 N+APLES SENIOR CENTER AT JPCS, INC. CCAP-ll4 Collier Counly Assist:mce Progrlill Pale 12 Packet Pg. 1578 16. D.7.a PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No Dart of this Agreement may be assigned or subcontracted without (lie 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 terns of this assigned doeunenls. 3.2 GENERAL COMPLIANCE Z c SUBRECIPIENT agrees to comply with all other applicable laws, regulations, and policies E governing the funds provided under this Agreement, including the requirement to follow tie Col lier � County procurement process, SUBRECIPIENTfurther agrees to utilize fields available under this W Agreement to supplement rather than supplant funds otherwise available, a 0 3.3 INDEPENDE+,NT CONTRACTOR m 0 N Nothing cotitained in this Agreement is intended to, or shall be construed in any manner, as creating L) or establishing the relationship of eniployer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to tie services to be performed under this v Agreement. 'file COUNTY shall be exempt from payment of all Unemployment Compensation, u- 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 rel'crence to this Agreement, and are executed in writing, signed by a dryly 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 SUBRECIPILN'f froth its obligations under this Agreement. The COUNTY may, ill its discretion, amend this Agreement to conforn with Federal, State, or Local governmental guidelines, policies, available funding amounts, or other reasons. If such amendmetits result ill a cliatige in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated oil[), by written amendment, signed by botli COUNTY and SUBRECIPIENT. No modification or waiver of any provision of the Doeuments, nor consent to any departure by SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing, atui Well waiver or consent shall be, effective only ill the specific instance and for the purpose for which given. No failure or delay on flue part of the COUNTY in exercising ally 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 arty otter right, power, or privilege. NAPLES SENIOR CENTER AT 3FC8, INC. CCAP-04 Collier Comity ASSIS14 mce Program Page 13 Packet Pg. 1579 16. D.7.a 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from local funds, as provided by COUNTY, and v must be implemented in full compliance with all state and local riles and regulations. In the event o ofe►ii'tailillelit of noii--I)i'odtictioli of said funds, or the reduction of funds aIlocated by the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer rile protect, cn the financial resources necessary to continue to pay SUBRECIPIENTall or any portion of the funds ayi 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 z discretion and judgment, that Elie 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. E a SUBRECIPIENT shall use (lie proceeds solely for necessary expenditures incurred due to the c COVID-19 public health emergency, and the proceeds will not be loaned, granted, or assigned to ally party and sliall in no event be used for any purpose prohibited by the Doctiments or Regulations. No proceeds may be used for the purchase of property or construction of existing Property. u 3.6 INDEMNIFICATION To the maximum extent permitted by Florida late, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees front any and all claims, liabilities, damages, losses, costs, and Causes of action which may arise out of all act of 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, patrolls, guests, Clients, licensees, invitees, of any persons acting under the direction, control, or sulaervision of ti►e 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 patty 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 niny 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, oil 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" NAPLES SENIOR CEN'i'F.lt AT JFC5, INC. CCAi'-041 Collier County Assistance Program Page 14 Packet Pg. 1580 16. D.7.a 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 publie. 3.8 DE FAULTS, REMEDIES, AND TERMINATION This Agreement may he terminated for convenicuee by either the COUNTY or SUBRFCIPiENT, in whole or in Dart, 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 a►vard was shade, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates tlhe 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, oi, 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 nhaihiher. 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 matcHal respect. I,, 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 SUBRECIPWNT relating to the project, H. SUBRECIPIENT assigns this Agreement or any phoney advanced hereunder or any interest herein, 1. Any representation or warranty shade herein or in any report, certificate, financial statement, or other inStruihhent furnished in connection with this Agreement shall prove to be false in any material respect, J. if iriaterial adverse changes occin• in tlhe finaicial coihditioih of the St1BRFC1PIENT at any tithe during the Agreement, and SUBRECIPIENT fails to cure this adverse Condition within thirty (30) days front [lie 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. NAMES SENIOR CEWER AT OVS, INC. CCAP-04 Collier County Assistance Program Page 15 Packet Pg. 1581 16. D.7.a 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 mrdertaken under this Agreement. 3.9 REVERSION OIL ASSETS Ili the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether tutder 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 t€te use of COUNTY funds. 'file COUNTY's receipt of any Funds oil 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 tite COUNTY may deem necessary. 3.10 INSURANCE SUBREC1P11MNT 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 uttder the Agreement. 3.11 ADMINISTRATIVE RD'QUIREMCNTS 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 42017-08, as amended, as outlined bclow. The current purchasing thresholds are: Collier County Procurement Standards: Range: Competition Re uircd $0 - $50,000 3 Written Quotes $50,0014- Formal Solicitation (ITB, RFP, etc. During the period of the Declared State of Emergency, emergency and esigent purchases will be permitted, following Collier County Procurement standards, provided the SUBRECIPIENT submits setfficient documentation to support cost reasonableness. Acceptance of said NAPLES SENIOR CENTER AT ]rCS. INC. CCAP•04 Collier County Assistance Program Page 16 Packet Pg. 1 2 1ti.D.7.a 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 sliall enter into contracts for psurchases 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 terra 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 pian, utilized by the SUBRECIPIENT accordingly. In the event there is a program Income balance at the end of the Program Year, such balance sliall revert to the COUNTY's Collier Assistance Program, for further reallocation. Purchase of Equipment: Equipment under the SUBRECIPIENT's control that was acquired Of - 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 (lie asset. If stick assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions oil the eligible Ilse 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. Tlie SUBRECIPIENT may close out the project with the COUNTY after the expiration of tie Agreement. Activities during this closeout period shall include, but are not limited to snaking final payments, disposing of prograin 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 fluids that have been advanced or paid must be returned to (lie COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terns 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 carder any activity carried oil( by the performance of this Agreement based oil race, color, disability, national origin, religion, age, familial status, or sex. Uport receipt of evidence of such discrimination, the COUNTY shall have (lie right to terminate this Agreement, NAPLES SENIORCENTER AT JPCS, INC. CCA P-04 Co11WrComity Assistance Program Page 17 Z _ a� E CD E Q 0 m 0 N Packet Pg. 1583 16. D.7.a 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 sutbstantial 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 Z business enterprises file maximum practicable opportunity to participate in the performance of this ' Agreement. As used in this Agreement, the terns "small business" means a business that meets file criteria set forth it) 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 0 controlled by minority group members or women. For [lie purpose of this definition, "minority E group members" are Afro-Americans, Spanish-speaking, Spanish sue►ia►ited or Spanish-lter•itage Q Americans, Asiart-Americans, and American Indians. "fire SUBREC[PIENT may rely on written representations by businesses regarding their status as minority and female business eritefprises in cc lieu of all independent investigation. N 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, ill keeping with t[ie principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plali for all Affirmative Action Program for approval prior to the award of funds. The Affirmative Action Program roust be updated throughout the term of the Agreement and nit►st be submitted to the COUNTY within 30 days of update/modification. 3.18 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, wlio presently exercises any functions or responsibilities in cotuiection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any matinee 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. SUBRECIPIENTs covenants that it will comply with (lie State and County statutes, regulations, ordinances, or resolutions governi►Ig 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 of in part by a covered person, of all entity owned or controlled ill whole or ill part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that tiie contractor is qualified and the costs are reasonable. Approval of all 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, Any possible conflict of interest on [lie 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 NAPLES SENIOR CENTER AT JFCS, INC. � CCAP-04 Q Collier County Assistance Nrogrant Page 18 Packet Pg. 1584 16. D.7.a ii Q opportunity be provide(] for employment of and participation of low- and moderate -income residents of the project target area. c d L) 3.19 RELIGIOUS ORGANIZATIONS o ` •2 . Collier Assistance Program funds may be Used by religious organizations or on property owned by cn religious organizations Only in accordance with requirements set forth in Executive Oder 13279, y dated December 12, 2002, as amended The SUBRECIPIENT shall comply with First Amendment CL Church/State principles as follows. Z A. It will not discriminate against any employee or applicant for employment and will not c limit or give preference in employment to persons based on religion. E } . 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. 11 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, oi• 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, COnSIrUCtiOn, 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 person. 3.21 SGVERABILITY Should any provision of the Agreement be determined to.be unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section oi• 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. The SUBRECIPIENT represents and warrants that the financial data, reports, and other information regarding the Project that it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent SUBRECIPIENT's financial position. NAP4.t3S SENIOR CENTER AT JFCS, INC. 1✓ CCA P-0 4 Q CollicrConoty Assistance Pr©grim Page 19 Packet Pg. 1585 16. D.7.a SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized file execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that (lie undersigned person has the authority to legally execute and bind [lie, SUBRECIPIENT to the terms of this Agrement. The Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and perforated in accordance with z the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the DIVISION. E c Electronic Sigttatures. This Agreement, and any related documents entered into in connection with E this Agreement are signed when a party's signature is delivered by facsimile, email, or an}, other Q electronic medium. These signatta'es must be treated in all respects as having the same force and c effect as original signatures. 0 N Remainder of Page Intentionally Left Blank V NAPLES SENIOR CENTER AT JFCS, INC. CCAP-04 Q Coiner County Assistance Progtnin Page 20 Packet Pg. 1586 16. D.7.a 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 aritertded. l)ttps://NN,Nyw.l)ti(I.gov/ )I-ogranl(leserit)tioii/tille6 42 Executive Order 11246 (Equal En)ploymer)t OPI)OIlur)ity), as amended by ExecEttivc Orders 11375 Z slid 12086, which establishes hiring goals for minorities and women on projects assisted will) � federal funds, and as supplemented in Deparlment of Labor regulations, E Executive Order 11246: htt )s://%v%vw.dol, ov/a eticies/ofce >/executive -order- 11246/as-amended Executive Order 11375 and 12086. see item 4.4 below E a 0 4.3 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of c 1972, 42 USC § 2000c, 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. htfps://wlvw.htid.gov/program(icsci-il)tioti/title6 U_ 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 littps://ivww.law.cornel l,edulusco(le/text/42/chapter-76 1 1246: https://Nvivw.doJ.goN,/ofccp/regs/statutes/eo 11246.1ttt)) 11375: Amended by EO 11478 1 1478: littps://xvw)v.ai-chives.gov/fedei-al-i-epistcj'/co(li 1icatioti/exccti_tlye-of-dei•/ 11478.1)tnll 12107: litti)s:/fw►vw.at•chives._gov/reclei,iil-register/co(lification/executive-ot'dei'/] 2107.htnil 12086: htt )s:Hl v%v)v.at-cl)ives. ov/federal-repistei•/codification/executive-otdei•/12086.iiti)tl 4.5 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5),. Section 504: littt)s:Hivw►v.ei)a.gov/oci- 29 USC 776: I)ttps://Iaw.01)eele.00111/uscode/29/776.hti))I 4.6 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U,S.C, Section 12101 et seq. I)ttp://Iibi-ai-y.clei-k.liotise.gov/reference-files/PPL�101 336 AutericansWit]iDisabilities.pdf l)ttps://www. Iaw.cornel l.e(l a/uscode/text/e)2/ 12101 4.7 Immigration Reform and Control Act of 1986 I)lips:(/w�vw.eeoc.i=,ovleeoc/historx/35th/lhelaw/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 ilem of value to any NAPLES SENIOR CENTER AT JFCS, INC. CCA I' -DTI Collier Comity Assistance Program Page 21 Packet Pg. 1587 16. D.7.a COUNTY employee, as set forth ill Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - statutes chapter _112_partiii Collier County- littp://Nyw�1,.coll iergoy.net/llathe/sllow(iocUllleiit?id=35 1 37 4.9 Order of Precedence - IIt tllc event of arty eonfl ici betweetl or atnollg the tet•lrls of any of the Contract Documents, the terms of file Agreement shall take precedence over file 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 file more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.10 Venue -Any snit 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, ill Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this itelll). 4.11 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between file parties, the parties shall stake 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 fall decision -snaking authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resohlftll, and prior to the commencement of depositions ill any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute tiu•ough Mediation before all agreed -upon Circuit Cowl Mediator certified by file 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 Cotnt, Middle District of Florida, if ill 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. llttps:Hw\vw. flsellate.gov/Laws/statutes/2012/44.102 4.12 The SUBRECIPIENT agrees to comply with all applicable standards and agrees to report each N violation for the following: N a. Clean Air Act, 4l USC 7401, et seq. ht# )s:H\v\vw. oviiifo. ov/content/)k /USCODE- r' 2010-title42/lttml/USCODE-2010-6tle42-cha t85.htm 0 hops://�t,ww. iaw.cornel l.edti/tisco(le/teat/42/chapter-8_ 5 E NAMES SENIOR CENTER AT JFCS, INC. CCAP-0 4 Q Collier County Assistance Program Page 22 Packet Pg. 1588 16. D.7.a a a U b. Federal Water Pollution Control Act, 33 USC 1251, el seq., as amended, U , I)tt)s:#NVNVNV. ovillfo, ov/content/)k/USCODE-2011-title33/tdf/USCODE-2011-titic33- chap26.pdf c � j https:Hw%yw.laNy.eo€'tiell.edu/uscocie/text/33/clial3tei•-2G o m 4.13 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be rn submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The a ! SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Z Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (t 80) days after the end of the SUBRECIPIENT'S c fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit m E report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. E IittJ)s:/IWwSy.ec f1'.Rol,lcgi-bi it/text- iclx?SID 5a78addefff9a535e83red3010308aef&inc=1r•ue&node=se2.1.200 1344&r n div8 O o' N 4.14 As provided in § 287.133, Florida Statutes, b3, enteriiig into this Agreeiiieiit or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors c and eonsultatits ivlio will perform hereunder, have not been placed on the convicted vendor list u maintained by the State of Florida Department of Management Services within the 36 months LL r imiiiediately preceding the date hereof, f0 This police is required by § 287.133 (3) (a), Florida Statutes, a� litti):Hwww.leg.state.tl.tis/Statutes/in(lex,efiii?At)) modc=Display�Statute&Searcli_Stririg�&UR v L=0200-0299/0287/Sectiots/0287.133.htn)1 0 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. ov/fcls s/ raiittle/USCODE-2009-title4l/USCODC-2009-titles€1-clia I0- see70i 4.16 Any rule or rcgulation determined to be applicable by the COUNTY, 4.17 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning; January 1, 2021. Eligibility determination is not required for continuing employees hiresd prior to January 1, 2021. littp://wwiv Ieg,state.fl.tis/statutes/iiidex.cfrii?Au) mode =Display Statute&URL 0400: 0499/04 4 8/044 8. htn)1 4,18 Florida Statutes 119.021 Records Retention N 0 litt :Hl N,ww.le .State.fl.its/Statutes/iiidex.cfrii?A p modc=Dis pia y Statute&URL=0100- Ci 0199/0119/Sections/01 19.021.1itnil 0 c a� E t NAPLES SENIOR CENTER AT JFCS, INC. +� CCAP-oa a Collier County Assistance Prop am Page 23 Packet Pg. 158971 16. D.7.a a a U U 4,19 Florida Statutes 119.061 Travel, using approved state travel voucher htt ://%vww.le .state.fl.iis/statirtes/iiidex.cfrtt?A > 3 mode=Dis >la y Statute&URL=0100- c 0199/01 12/Sections/01 12.06 Lhtm1 v L Q 4,20 Florida Statutes, 1 19.071, Coiitracts and Ptiblie Records liiti):Hwww.Iek1.state.fl.tis/Statutes/iitdex.cfnt?AI1) mode=Qisplay Statute&URL=0100- y 0199/0119/Seel ions/0119.07 Lhtm l a z 4.21 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded cinder this Agreement for persons r- with limited English proficiency pursuant to information located at littp:HNvtvw.lel).goy. E c (D 4.22 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records a ill the employment context, except when specifically authorized. The SUBRECIPIENT agrees to 0 avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention ai• promotion that may have a disparate impact based oil race or national origin, resulting in unlawful employment discrimination Hitless use is otherwise specifically authorized by c, law. See litti)s:Hojl).gov/about/ocr/r�clfs/UseofConviction Advisory.pdf for more details. 9 T 4.23 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 clailn for ftntds under the False Claims Actor (H)committed a criminal or Civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds, 4.24 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 all elected office. 4.25 'next Messaging: Pursuant to Executive Order 13513, "Federal Leadership oil Reducing Text Messaging While Driving," 74 Federal Regisler 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• outreaclt to decrease crashes caused by distracted drivers, r 4.26 Trafficking ill Persons: 'rile SUBRECIPIENT agrees to, at any tier, comply with all applicable N requirements (iltclildiltg requirements to report allegations) pertaining to prohibitcd conduct related m to the trafficking of persons, whetlier oil the part of the SUBRECIPIENT and any employees of the c SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at a� htt )s://o ov/fiilid irt /Ex Clore/ProhibRedConduct Traffickir�tm. NAPLES SENIOR CENTER AT JFCS, INC. Q CLAP-i 4 CollierCoitnly Assistance Program Page 24 Packet Pg. 1590 16. D.7.a 4.27 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 arty contract or subaward to either ACORN or its subsidiaries, without the express prior written approval ofOJP. 4.28 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organizalion regarding the substitution of parties, assignment, or performance of experimental, c developmental, or research work under this funding agreement, the SUBRECIPIENT must comply Z With the requirements of37 CFR Part 401, "Rights oflnventions Made by Nonprofit Organizations and Small BLISlrteSS Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implenteltting I'egulatiorts issued by the DIVISION. lrtt 5s:1/wwW.ecfi,. ov/c i- Q bin/retrieveEC"W?i)=&SID=a004b6bf209311aee7a717de761dc64cO&ntc=trice&n—)t37.1,401&r o _PART&ty=l-ITML • o N (Signattive Page to Follow) NAPLES SrNIOR CENTER AT JVCS, INC. CCA P-04 Collier County Assistnuce Program I'age 25 Packet Pg. 1591 1li.D.7.a IN WITNESS WHEREOF, (lie SUBRECIPIENT and COUNTY, have each respectively, by all aut�gi iz�d person or agent, hereunder set their ]lands and scats on the date first written above. BOARD F NTY COMM[ UNE SOP K1NZE CLERK COLLIE TY, PLORI DA By; Deputy Clerk PfMY TAY R, CI-IAIRP . SON rests to Chairrrtan's i{Vwftf , vnly Dated; 13OL4 (SEAL) Date: ) I I t 1 Z. NAPLES SENIOR CENTER AT JPCS, INC. By: DR, LY N jFAF -ER, RESIDENT/CEO Date: 12-- I ZU Z1 Approved as to form and legality: Jennifer A"llelpedio Assistant Colony Attorney Date: NAPLES SENIOR CENTER AT JFCS, WC. CLAP-0 4 Collier Counly Assistance Program Page 26 Packet Pg. 1592 1ti.D.7.a PART' V EXHIBITS EXHIBITA INSURANCE REQUIREMENTS Tile SUBRI CIPIEN'T'shaI] furnish to Collier Couilty, c/o Community and Human Services Division, 3339 ? E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificatc(s) of Insurance evidencing insurance Z coverage that meets the re€luirelnents as outlined below: E I . Workers' Compensation as required by Chapter 440, Florida Statutes. W E Q 2. Commercial General Liability, including Products and completed operations insurance, ill the c amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as o an additional insurcd with respect to this coverage. 3. Automobile Liability IIISllrainCe covering all owned, non -owned and hired vehicles used in connection with this Agreement, in all 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 I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability 111511railCe, in the naive of the SUBRECIPIENT or the licensed design professional employed by tile SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums whie[t the SUBRECIPIENT and/or the design professional shall become Icgally 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 he maintained for a period of two (2) years after tile certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) III addition to the insurance required ill I — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insErrailce coverage Prior - to any construction: 5. Completed Value Builder's Risk Insurance on an "Ail Risk" basis, ill all amount not less than one hundred (100%) percent of the insul•able valtic of the building(s) or structure(s). The policy shall be ill the name OfCollief County and the SUBRECIPIENT. 6. 111 accordance Nvitll the requirements of tale 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 NAPLESSENIORCENTER ATJrCS, INC. CCAI"4 Collier Comity Assistance Progrom Page 27 Packet Pg. 1593 16. D.7.a Fniergency 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 ill force throughout the duration of the loan and/or Agreement: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. c a� 8. Commercial General Liability including products and completed operations insurance in the E alnonnt of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as ail additional insured with respect to this coverage. E a 0 9. Automobile Liability Insurance covering all owned, non -owned ail(] hired vehicles used in connection with this Agreement in all amotlllt not less than $1,000,000 combined single limit for combined Bodily ][jury and Property Damage. u 10, Property Insurance Coverage on an "All Risk" basis, ill all atlloUnt not less Own one hundred (I 00%) of the replacement cost of Ile property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A, it. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structures) of the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy [lust show Collier County as a Loss Payee A.T.I.M.A. NAPLES SENIOR CPNTL•R ATJI:CS, INC_ CCAP•Q4 Collier Comely Assistance Program Page 28 Packet Pg. 1 4 16. D.7.a EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION 1: REQUEST FOR PAYMENT SUBRECIPWNT Name: Naples Senior Center at .FFCS, Inc. SUBRECIPIENT Address: 5025 Castello Drive, Naples, Florida 34103 Project Name: Collier County Assistance Program Project No: CCAP-04 Payment Request # Total Payment Minus Retainage Period of Availability: _ through Period for which the Agency kris incrtrred 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 Re(ainage) $ $ ............... . By sighing this report, I certify to the best of my knowledge and belief that this request for payment is uric, complete and amll'ate, 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 Rawl, 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 69,081.083, and Title XLVI Chapter 837, Section 837-06). Signature Title Authorizing Grant Coordinator Date Authorizing Grant Accountant Supervisor (Approval required $15,000 and above) Division Director (Approval Required $15,000 and above) NAPLES SENIOR CENTER AT 7rCS, INC. CCAP-04 (:oilier Counly Assistance Program Page 29 Packet Pg. 1 571 16.D.7.a EXHIBIT C COLLIER ASSISTANCE PROGRAM MONI`HLY PROGRESS REPORT Report Period: Fiscal Year: Agreement Number: Subrecipient Name: Programs: Contact Nance: Contact Telephone Number: Chanderistics Report L Report Selection Criteria Elllnicity Race Non - Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiiant0ther Pacille Islander Other/Multi-Racial 2. Number of individuals served: Mortgage Rent Utilities Total Elden Disabled Dove la menta Ily Disabled Faris] Worker 1-10111eless— Full-Time College Student Children Adults Total NAPLES SENIOR CENTER AT.1rCS, INC. +� CCAP-04 Q Collicr County Assisimee Program Page 30 Packet Pg. 1596 16.D.7.a 3, Ftrnds Expended: Category Funds Expended � Current Month Funds Expended YTD Mort a e Rental Utilities Child Care Total Applications: Monthly YTD Number of A plications Received Number of Applications Reviewed Number of Applications Sr_rbmitted to Neighborly Number ofCompleted Applications Submitted Number ofApplications Approved Number ofApplications 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 Relief that the information contained in this report is true, complete and accurate. 1 ant aware that any False, fictitious, of fraU 411011t iltformatioll, Or the omission of any material fact, may' subject me to criminal, civil, oradministrative 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: Printed Nance: Title: Date: NOTE, This form subject to modification based on I±DEM guidance. Your typed name here represents your electronic signature, NAPLES 5ENIolt CEN'rE€t A'€' JFCS, INC. +� CCA P-04 Q Coll€CrCoultty Assislanc7 Program Page 31 Packet Pg. 1597 16. D.7.a EXHIBI'I' 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 maybe used to monitor Florida Single Audit Act Statute 215.97 requirements. Subreciplent Name Naples Senior Center at JFCS, Inc, First Date of Fiscal Year {MMIDDIYY) Last Date of Fiscal Year MMIDDIYY 07/01/2020 06/30/2021 Total Federal Financial Assistance Expended during most recently completed Total State Financial Assistance Expended during 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 im lemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06118 NAPLES SENIOR CENTER AT.3i'CS, INC. CCAP-04 Collier Comity Assistance Program {gage 32 Packet Pg. 1 871 16.D.7.b Total Amount of Funds Awarded $57,000.00 SUBRECIPIENT Name Naples Senior Center at JFCS, Inc. DUNS# 012898538 FEIN 45-3980909 R&D No Indirect Cost Rate No Period of Performance n� in12i 2 �- �00� — 09i3Oi201 03/01/2020 - 03/29/2022 Fiscal Year End 06/30 Monitor End: 12/30/2021 FIRST AMENDMENT BETWEEN COLLIER COUNTY AND NAPLES SENIOR CENTER AT JFCS, INC. E Collier Assistance Program E Q THIS AMENDMENT is made and entered into this _ day of 20by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at o 3339 E Tamiami Trail, Naples FL 34112, and Naples Senior Center at JFCS, Inc., (SUBRECIPIENT), having its principal office at 5025 Castello Drive, Naples, FL 34103. 0 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, on July 13, 2021, the County entered into a subrecipient agreement with Naples Senior Center at JFCS, Inc. to further undertake the responsibilities and obligations of the Collier Assistance Program. WHEREAS, the parties desire to amend the Agreement to modify the expenditure language and provide clarity of the performance period based on 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. NAPLES SENIOR CENTER AT JFCS, INC. Amendment # 1 CCAP-04 Collier County Assistance Program Page 1 Packet Pg. 1599 16.D.7.b Words Stxwsk-T-hFeugh are deleted; Words Underlined are added. PART I SCOPE OF WORK 1.3 PERIOD OF PERFORMANCE The SUBRECIPIENT services shall start on March 1, 2020 for pfie - ine,.....oa Bests and to f ffi of and shall end on September- 30, 202 March 29, 2022 unless terminated earlier, in accordance with provisions of Paragraph 379 3_8, Defaults, Remedies, and Termination. 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. If SUBRECIPIENT complies with all requirements set forth herein, this Agreement shall terminate on Septembe • 3"�21- March 29, 2022, whereupon all obligations of the SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves a 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 N hereto, which occurred in whole or in part before said termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIFTY-SEVEN THOUSAND DOLLARS and ZERO CENTS ($57,000.00) for use by SUBRECIPIENT during the term of the Agreement (hereinafter, shall be 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; affd NAPLES SENIOR CENTER AT JFCS, INC. Amendment # 1 CCAP-04 Collier County Assistance Program Page 2 Packet Pg. 1600 16.D.7.b C. Were incurred during the period that begins on March 1, 2020 and ends on Deeeffibef 30 20M March 29, 2022. 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-.1 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. E c The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon E completion or partial completion of the work tasks, as accepted and approved by CHS. Q SUBRECIPIENT may not request disbursement of funds until needed for eligible costs, and all o disbursement requests must be limited to the amount needed at the time of the request. 0 SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred from March 1, 2020 through March 29, 2022. Invoices for work performed are p required every month. If no work has been performed during that month, or if the SUBRECIPIENT v 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 t SUBRECIPIENT, when requested, as work progresses but not more frequently than once per (D month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of E service required by this Agreement. tit NAPLES SENIOR CENTER AT JFCS, INC. Amendment #1 CCAP-04 Collier County Assistance Program Page 3 Packet Pg. 1601 16.D.7.b 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: CRYSTAL K. KINZEL, CLERK Dated: , Deputy Clerk (SEAL) Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRPERSON Date: NAPLES SENIOR CENTER AT JFCS, INC. DR. JACLYNN FAFFER, PRESIDENT/CEO Date: Jennifer A. Belpedio Z� Assistant County Attorney Q �� �d Date: NAPLES SENIOR CENTER AT JFCS, INC. Amendment # 1 CCAP-04 Collier County Assistance Program Page 4 Packet Pg. 1602