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Agenda 12/14/2021 Item #16D18 (Subrecipient Agreement for Community Health Workers for COVID-19)12/14/2021 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairperson to sign a Subrecipient Agreement between Collier County and Collier Health Services, Inc. in the amount of $293,218.22, for the Community Health Workers for COVID-19 Response for Resilient Communities Program. (Housing Grant Fund 705) OBJECTIVE: To provide accessible and equitable healthcare systems in the Immokalee farmworker communities, to improve the response to the COVID-19 pandemic. CONSIDERATIONS: On June 8, 2021 (Agenda Item #16D12), the Board of County Commissioners (Board) approved the submittal of an application to the Centers for Disease Control and Prevention (CDC) for the Community Health Workers for COVID-19 Response for Resilient Communities (CCR) Grant in the amount of $1,446,255. The grant supports the implementation of an outreach program to support those most impacted and at risk of COVID-19. On August 24, 2021, Collier County received notification of funding award for year 1 of 3, in the amount of $421,744 for the budget year of August 31, 2021-August 30, 2022. This award was accepted and approved by the Board on September 28, 2021 (Agenda Item #16D9). Funding will be used to hire and develop a team of Community Health Workers, to partner with existing community stakeholders, that represent the racial, ethnic, and cultural diversity of Immokalee and similar communities in the areas such as Golden Gate City. The program will focus on addressing social determinants of health and assisting individuals to overcome barriers to accessing necessary healthcare and services. The Healthcare Network of Southwest Florida will coordinate this project and Collier County will be responsible for the administration of the grant. Collier Health Services, Inc. d/b/a Healthcare Network - $293,218.22 Healthcare Network is a local healthcare care agency with experience in serving both the Immokalee and Golden Gate areas of Collier County. The agreement will fund salaries for not more than six (6) new Community Health Workers (CHWs), and the associated travel and supply expenses necessary for the CHWs to implement the program. CHWs will serve as resource navigators by identifying, counseling, and connecting individuals to clinical care, social services, and additional supports to overcome linguistic, geographic, and social barriers to accessing care. FISCAL IMPACT: There is no new Fiscal impact associated with this item. Funds for this Subrecipient Agreement, in the amount of $293,218.22, reside in Housing Grant Fund (705), project 33772. There is no match requirement. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Item. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -JAB RECOMMENDATION: To approve and authorize the Chairperson to sign a Subrecipient Agreement between Collier County and Collier Health Services, Inc. in the amount of $293,218.22, for the Community Health Workers for COVID-19 Response for Resilient Communities Program. (Human Services Grant Fund 707) Prepared By: Catherine Sherman, Grants Coordinator, Community & Human Services Division ATTACHMENT(S) 1. SUB-AGRMT CDC CCR Collier Health Services, Inc. (PDF) Packet Pg. 1936 16.D.18 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.1).18 Doe ID: 20526 Item Summary: Recommendation to approve and authorize the Chairperson to sign a Subrecipient Agreement between Collier County and Collier Health Services, Inc. in the amount of $293,218.22, for the Community Health Workers for COVID-19 Response for Resilient Communities Program. (Housing Grant Fund 705) Meeting Date: 12/14/2021 Prepared by: Title: — Community & Human Services Name: Catherine Sherman 11/09/2021 2:20 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 11/09/2021 2:20 PM Approved By: Review: Community & Human Services Catherine Sherman CHS Review Community & Human Services Blanca Aquino Luque Additional Reviewer Community & Human Services Cynthia Balterman Additional Reviewer Community & Human Services Maggie Lopez Additional Reviewer Operations & Veteran Services Kimberley Grant Additional Reviewer Public Services Department Todd Henry Public Services Department County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Public Services Department Dan Rodriguez PSD Department Head Grants Erica Robinson Level 2 Grants Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Growth Management Operations Support Christopher Johnson County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Skipped 11/09/2021 2:57 PM Completed 11/09/2021 4:21 PM Completed 11/09/2021 4:37 PM Completed 11/09/2021 6:53 PM Completed 11/10/2021 5:46 PM Completed 11/12/2021 9:09 AM Completed 11/17/2021 10:57 AM Completed 11/18/2021 4:47 PM Completed 11/23/2021 7:43 AM Completed 11/23/2021 8:02 AM Additional Reviewer Completed Completed 11/23/2021 2:16 PM Completed 11/30/2021 12:57 PM Completed 12/03/2021 2:13 PM 12/14/2021 9:00 AM Packet Pg. 1937 16.D.18.a FAIN # NLJ58DP007038 Federal Award Date 8/31/2021 Federal Award Agency U.S. Department of Health and Human Services/Centers for Disease Control and Prevention HHS/CDC CFDA Name Community Health Workers for COVID Response and Resilient Communities CCR CFDA/CSFA# 93.495 Total Amount of Federal PY1 $293,218.22 Funds Awarded PY2* PY3* *Contingent upon CDC and COUNTY approval SUBRECIPIENT Name Collier Health Services, Inc. d/b/a Healthcare Network DUNS# 085019511 FEIN 59-1741277 R&D N/A Indirect Cost Rate N/A Period of Performance 8/31/2021 - 8/30/2024 Fiscal Year End 03/31 Monitor End: 11/2024 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER HEALTH SERVICES, INC. DB/A HEALTHCARE NETWORK Collier County Community Health Coalition: Advancing Accessible & Equitable Healthcare Systems in Extra Mile Migrant Worker Communities THIS AGREEMENT is made and entered into this _ day of 2021, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Collier Health Services, Inc. d/b/a Healthcare Network , (SUBRECIPIENT), having its principal office at 1454 Madison Ave W, Immokalee, Florida 34142. WHEREAS, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into law on March 27, 2020. Included in the legislation was funding allocation to the Centers for Disease Control and Prevention, for the Community Health Workers for COVID Response and Resilient Communities (CCR) program; and WHEREAS, the COUNTY has accepted an award from the U.S. Department of Health and Human Servies/Centers for Disease Control and Prevention (HHS/CDC) for a grant to execute and implement the COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 1 0 2 w Packet Pg. 1938 16.D.18.a Collier County Community Health Coalition (CCCHC) program, pursuant to the Coronavirus Aid, Relief, and Economic Security Act ("CARES"), Public Law 116-136 and under the Public Health Service Act 42 U.S.C. 301(a) and WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities to build and strengthen community resilience to fight COVID-19 through addressing existing health disparities; 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 the SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking of the Collier County Community Health Coalition (CCCHC) project. 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 a Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and agreements herein set forth. PART SCOPE OF WORK o T The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required W as a condition of providing CDC funding, as determined by Collier County Community and Human " Services Division (CHS), perform the tasks necessary to conduct the program as follows: c Project Name: Collier County Community Health Coalition: Advancing Accessible and Equitable Healthcare Systems in Extra Mile Migrant Worker Communities (CCCHC) Description of project and outcome: The CCCHC program will support COVID-19 response efforts in communities hit hardest and among Priority Populations that are at higher risk for COVID-19 exposure, infection, and poor health outcomes. Through this program, Community Health Workers (CHWs) will serve Extra Mile communities within Collier County. Extra Mile communities are defined as medically underserved communities in which the residents must make additional efforts, require additional resources, and/or overcome barriers in order to access quality healthcare. Communities may include, but are not limited to: Immokalee, Golden Gate, Lely, Everglades City, Goodland, Copeland, and Chokoloskee. Project Component One: Salaries, payroll taxes and fringe benefits for program personnel, not to exceed six (1.0 FTE) Community Health Workers; one (0.15 FTE) Human Resources Manager; and one (0.15 FTE) Community Relations Director. Project Component Two: Travel, reimbursed according to the federal GSA rate. COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 2 -A0 Packet Pg. 1939 16.D.18.a Project Component Three: Supplies, including but not limited to tablets, cell phones, monthly cellular service plans, PPE, sanitization supplies, and other materials necessary for COVID-19 testing events. Project Component Four: Program Evaluation Services 1. Project Tasks: a. Task 1: Recruit, hire, and train no more than six (6) new Community Health Workers, demonstrated by signed offer letter and job description for each new hire. b. Task 2: Provide a monthly mileage log for travel throughout Collier County. c. Task 3: Conduct a minimum of one (1) COVID-19 testing event and participate in a minimum of one (1) COVID-19 vaccination outreach event, in Extra Mile communities in Collier County. d. Task 4: Vendor Service Agreement, to assist with data evaluation and the preparation. To include the submission of, no less than one, semi-annual report including data as required by the CDC to CHS. 2. CDC Documentation Requirements Compliance Criteria: `= Activities carried out with funds provided under this Agreement will contribute to a = program designed to: .2 m a. Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control. ci b. Address systemic public health challenges that have contributed to the inequal impact = of the pandemic. 1.1 GRANT AND SPECIAL CONDITIONS Performance under this Agreement is subject to 45 CFR 75 Uniform Administrative Rules for Federal Grants and Cooperative Agreements and Subawards to State, Local, and Indian Tribal Governments and 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The obligation of the COUNTY to make the Grant 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. B. The following checked 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 COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 3 Packet Pg. 194071 16.D.18.a ❑ Davis -Bacon Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ❑ Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ 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, not to exceed three (3) sessions, per year. 1.2 PROJECT DETAILS A. Project Description/Project Budget Program Year 1 Description Federal Amount Project Component 1: Salaries $251,250.00 Project Component 2: Travel $19,776.96 Project Component 3: Supplies $11,629.86 Project Component 4: Program Evaluation Services $10,561.40 Total Federal Funds: $293,218.22 B. Project Description/Project Budget Program Year 2* Description Federal Amount Project Component 1: $ Project Component 2: $ Project Component 3: $ Project Component 4: $ Total Federal Funds: $ C. Project Description/Project Budget Program Year 3* Description Federal Amount Project Component 1: $ Project Component 2: $ Project Component 3: $ Project Component 4: $ Total Federal Funds: $ * Only applicable if authorized by the CDC and upon approval by the County Manager. COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 4 Packet Pg. 1941 16.D.18.a The SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain documentatioan of services to persons/business in Qualified Census Tract ® Maintain documentation of Evidenced -Based Programming including performance outcomes and output ® Maintain COVID documentation ❑ Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation ❑ Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide project progress reports ® 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 D. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement Agreement execution Insurance Insurance Certificate (Exhibit A Within thirty (30) days of Agreement execution and Annually within thirty (30) days of renewal Detailed Project Schedule Project Schedule N/A Program Policy Manual Policy Manual Within sixty (60) days of A reement execution Performance Data System Performance Data Input Monthly, by 30' day of Updates followingmonth of service Progress Report Exhibit C Due 101 of month following reporting period established by CDC Annual Performamce Report Grant Solutions Form, provided Annually, 150 days before the by Grant Coordinator end of the budget period Success Stories Two (2) Narratives submitted Annually, due 15 days following via NCCDPHP Success Stories end of the program year Application Form Annual Audit Monitoring Exhibit D Within sixty (60) days of Report Agreement execution and Fiscal Year F End Financial and Compliance Audit Audit, Management Letter Annually: nine (9) months after FY end for Single Audit OR one hundred eighty (180) days after FY end Program Income Reuse Plan Plan Approved by the COUNTY N/A E. Payment Deliverables COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 5 0 .y m W Packet Pg. 1 2 16.D.18.a Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Salaries Submission of supporting documents Submission of must be provided, as evidenced by offer monthly invoices letter and job description (first pay within 30 days of the request) for new hires, signed timesheets, month of service. payroll registers, check stubs, bank statements, and any other additional documentation as requested. Exhibit B Project Component 2: Travel Submission of supporting documents Submission of must be provided, as evidenced by, monthly invoices mileage logs, GSA rate documentation, within 30 days of the check stubs, bank statements, and any month of service. other additional documentation as requested. Exhibit B Project Component 3: Supplies Submission of supporting documents Submission of must be provided, as evidenced by monthly invoices receipts, invoices, check stubs, bank within 30 days of the statements, and any other additional month of service. documentation as requested. Documentation of no less than one (1) COVID-19 testing event and no less than one (1) COVID-19 vaccination event. Exhibit B Project Component 4: Program Submission of supporting documents Submission of Evaluation Services must be provided, as evidenced by monthly invoices vendor contract (first pay request), within 30 days of the invoices, check stubs, bank statements, month of service. and any other additional documentation as requested. Exhibit B 1.3 PERIOD OF PERFORMANCE Pursuant to the CDC, this is a three (3) year grant program, with a one (1) year funding with up to two (2) additional program funding years. Annual funding shall be dependent upon satisfaction of the performance measures, outlined in Exhibit C, and continuation of the program by the CDC. The SUBRECIPIENT services shall start on August 31, 2021, retroactively in accordance with CDC and Coronavirus Aid, Relief, and Economic Security Act ("CARES") language, and shall end on August 30, 2024 unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E — Cost Principles and Section 215.97(1)(d) Florida Statutes, the SUBRECIPIENT, may expend funds authorized by this Agreement, only for allowable costs resulting from obligations incurred during the specific agreement period. If the SUBRECIPIENT complies with all requirements set forth herein, this Agreement shall terminate August 30, 2024, 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 the SUBRECIPIENT's breach of COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHQ Page 6 0 .y W Packet Pg. 1943 16.D.18.a any of the Grant 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 a cumulative total of TWO HUNDRED AND NINETY THREE THOUSAND, TWO HUNDRED AND EIGHTEEN DOLLARS and TWENTY TWO CENTS ($293,218.22) in Year One (1), with additional funding for the remaining years to be determined by the CDC at the end of each funding year, for use by the SUBRECIPIENT during the Agreement (hereinafter, referred to as the "Funds"), as restricted by Program Year. Funds are subject to CDC authorization and COUNTY approval for Year 2 and Year 3. SUBRECIPIENT may use Funds only for expenses eligible under Coronavirus Aid, Relief, and Economic Security Act ("CARES"), Public Law 116-136 and under the Public Health Service Act 42 U.S.C. 301(a), and further outlined in HHS/CDC Guidance. The CDC requires that Funds from Coronavirus Aid, Relief, and Economic Security Act ("CARES") only be used to cover expenses that: A. Were incurred during the authorized Program Years, defined as: ` Program Year 1 08/31/2021— 08/30/2022 $ 293,218.22 N Program Year 2* 08/31/2022 — 08/30/2023 $As approved c by CDC v Program Year 3* 08/31/2023 — 08/30/2024 $As approved by CDC c * Only applicable if authorized by the CDC and upon approval by the COUNTY. 'y B. Program strategies include integrating CHWs into organizations and care teams and m strengthening relevant CHW knowledge, roles, and skills to prepare them to successfully engage with existing state and/or local public health -led actions to manage COVID-19 c among priority populations. Priority populations are those with increased prevalence of COVID-19 and are disproportionately impacted by long-standing health disparities related 2 to sociodemographic characteristics, geographic regions, and economic strata. m C. Examples of Priority Populations include: i. Racial and ethnic minority groups; and ii. Persons who are economically disadvantaged; and iii. Persons who are justice -involved; and iv. Persons who are experiencing homelessness. v. Persons who have certain underlying medical conditions that increase COVID-19 risk. 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 does 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 the 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 CDC funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 7 C) Packet Pg. 1944 16.D.18.a SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred beginning August 31, 2021. 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 thirty (30) days after the end of the Agreement. Work performed during the term of the program but not invoiced within thirty (30) 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 grant compliance and adherence to any and v all applicable Local, State, or Federal requirements. Reimbursements will only be made for v expenditures that the COUNTY provisionally determines are eligible under the CDC. However, the COUNTY's provisional determination that an expenditure is eligible does not relieve the N SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined c by the COUNTY or Federal government 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 c Payment Act." .2 21) 1.5 COST PRINCIPLES W Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, 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, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT and Contractors shall comply with 2 CFR Subpart E-Cost Principles. 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. COLLIER HEALTH SERVICES, INC DBIA HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 8 I� Packet Pg. 1945 16.D.18.a COLLIER COUNTY ATTENTION:Catherine Sherman, Grant Coordinator Collier County Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Catherine.Sherman@colliercountyfl.gov Telephone: (239) 252-1425 SUBRECIPIENT ATTENTION: Julie Pedretti, Vice President of External Affairs COLLIER HEALTH SERVICES, INC, d/b/a HEALTHCARE NETWORK 1454 Madison Avenue Immokalee, Florida 34142 Email: Jpedretti@healthcareswfl.ora Telephone: (239) 658-3792 0 2 d w COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 9 a Packet Pg. 1946 16.D.18.a PART II GRANT 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 clear any deficiencies noted in audit reports must within 30 days after receipt of the report. Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 2 CFR 200.334, Coronavirus Aid, Relief, and Economic Security Act ("CARES"), and Section 119.021, Florida Statutes, to determine compliance with the requirements of this Agreement, the CCR Program, and c all other applicable laws and regulations. This documentation shall include, but is not limited to, y the following: 4) A. All records required by HHS/CDC regulations. ci B. SUBRECIPIENT agrees to execute such further documents as may be required by law or prepared by the COUNTY to confirm SUBRECIPIENT's Agreement. C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. D. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this Agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. 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, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will 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. E. 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 COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 10 Packet Pg. 1947 16.D.18.a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, and all funds have been expended, unless any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of this Agreement, the COUNTY shall be informed, in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination 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 239-252-68329 N Michael.Cox(acolliercountyfl.gov, 3299 Tamiami Trail E, Naples v FL 34112. F. SUBRECIPIENT shall provide the public with access to public records on the same terms w and conditions that the COUNTY would provide the records and at a cost that does not .5 exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt and/or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized = by 2 CFR 200.337 and 2 CFR 200.338. G. Notwithstanding any provision in the Grant 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 Grant Document, or any inaccuracy therein or incompleteness thereof, shall not in any way alter or affect the absolute and unconditional obligation of SUBRECIPIENT to pay and perform, in full, the obligations set forth hereunder, but any action taken or not taken by the SUBRECIPIENT as a direct result of such lack or delay of notice, or of the 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 the 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 this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page I I Packet Pg. 194871 16.D.18.a Letter, and supporting documentation 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. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or the CDC to enable CHS to evaluate said progress and allow for completion of required reports. The SUBRECIPIENT shall allow CHS or the CDC to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or the CDC. The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud, Q' waste, abuse, or non-performance, based on goals and performance standards, as stated with all M other applicable laws, regulations, and policies governing the funds provided under this Agreement co further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute o noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT v within a reasonable period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the Health and Human Services Office of Inspector General, the Government Accountability Office, the Florida Auditor General, N the COUNTY, the COUNTY's internal auditor(s), or their representatives access to all records related to performance of activities in this Agreement. o_ 2.4 FUNDS TRACKING 2 SUBRECIPIENT shall demonstrate a record of fiscal responsibility and the ability to provide sufficient and effective oversight. Financial management system must meet the requirements as described 45 CFR 75 which include, but are not limited to, the following: _ A. Records that identify adequately the source and application of funds for federally -funded ui activities. B. Effective control over, and accountability for, all funds, property, and other assets. C. Comparison of expenditures with budget amounts for each Federal award. co D. Written procedures to implement payment requirements. E. Written procedures for determining cost allowability. F. Written procedures for financial reporting. _ 2.5 FUNDING RESTRICTIONS Restrictions that apply to the implementation of the program are: A. SUBRECIPIENT may not use funds for research. B. SUBRECIPIENT may not use funds for clinical care except as allowed by law. C. SUBRECIPIENT may use funds only for reasonable program purposes, including personnel, travel, supplies, and services. D. SUBRECIPIENT may not use funds to purchase of furniture or equipment, unless such spending is clearly identified in the budget. E. Reimbursement of pre -award costs generally is not allowed, unless the CDC and COUNTY provide written approval to the SUBRECIPIENT. F. Other than for normal and recognized executive -legislative relationships, no funds may be used for (1) publicity or propaganda purposes, for the preparation, distribution, or use of any material designed to support or defeat the enactment of legislation before any COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 12 10 Packet Pg. 1949 16.D.18.a legislative body or (2) the salary or expenses of SUBRECIPIENT, or agent acting for SUBRECIPIENT, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before any legislative body. 2.6 PREVENTION OF FRAUD, WASTE, ABUSE, AND WHISTLEBLOWER PROTECTION 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 to provide for the 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, pertaining to this Agreement, of the SUBRECIPIENT and its contractors. SUBRECIPIENT understands that making false statements or claims in connection with this award c is in violation of Federal law and may result in criminal, civil, or administrative sanctions including y fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards M or contracts, and/or any other remedy available by law. ci 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 anyCD appropriate law enforcement authority, if the report is made in good faith. m In accordance with 41 USC Section 4712, SUBRECIPIENT may not discharge, demote, or co otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons s or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority L relating to a federal contract or grant, a substantial and specific danger to public health or safety, °' or a violation of law, rule, or regulation related to a federal contract (including the competition for c U or negotiation of a contract) or grant. t� The list of persons and entities referenced in the paragraph above includes: a member of Congress v or a representative of a committee of Congress; an Inspector General; the Governmental v Accountability Office; a Treasury employee responsible for contract or grant oversight or management; an authorized official of the Department of Justice or other law enforcement agency; 2 a court or grant jury; or a management official or other employee of COUNTY, SUBRECIPIENT, 0 contractor, or subcontractor who has the responsibility to investigate, discover, or address Q misconduct. SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHQ Page 13 Packet Pg. T95071 16.D.18.a 2.7 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 grant funds from CHS. CHS's policy for escalation for noncompliance is as follows: 1. Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan to be submitted to the COUNTY 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 the 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, CHS may require a portion of the awarded grant amount be c returned to the COUNTY. A m • CHS may require upwards of 5 percent of the award amount 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 CHS via certified mail of their substantial noncompliance, the COUNTY may require a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed, be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount 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, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the contract or Agreement. The SUBRECIPIENT will be required to repay all COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 14 ok-1 Packet Pg. 1951 16.D.18.a funds disbursed by CHS 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 in violation of Resolution No 2013-228. If the 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. 2.8 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on 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 quarterly progress reports to the o COUNTY on the 1 Oth day of January, April, July, and October. As part of the report submitted at v the end of the project, the SUBRECIPIENT agrees to include a comprehensive final report covering 04 the agreed -upon Program objectives, activities, and expenditures, including but not limited to, N 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 o 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 COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 15 Packet Pg. 1952 16.D.18.a 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 The SUBRECIPIENT agrees to comply with the requirements of the CDC and Coronavirus Aid, Relief, and Economic Security Act ("CARES"). SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, including the requirement to follow the federal procurement process. The 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 c or establishing the relationship of employer/employee between the parties. The 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 = 0 Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation y Insurance, as the SUBRECIPIENT is independent from the COUNTY. m W 3.4 AMENDMENTS 6 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, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the 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 Grant Documents, nor consent to any departure by the 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 Grant 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. COLLIER HEALTH SERVICES, INC DBIA HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 16 O Q Packet Pg. 1953 16.D.18.a 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from Department of Health and Human Services/ CDC grant funds, as provided by the Department of Health and Human Services, and must be implemented in full compliance with all of Department of Health and Human Services rules and regulations and any agreement between COUNTY and the Department of Health and Human Services governing CDC funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, or the reduction of funds awarded by the Department of Health and Human Services/CDC to COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that 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, the 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. The SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due N to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned, c granted, or assigned to any party and shall in no event be used for any purpose prohibited by the v Grant Documents or Regulations. 0 3.6 INDEMNIFICATION w To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold .5 m 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,CD 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 co s 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 CD party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses L of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue v 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 v foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits v set forth in Section 768.28, Florida Statutes. This section shall survive the expiration of termination v of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, procurement solicitations, descriptions of the sponsorships of the Program, 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: COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 17 Packet Pg. 1954 16.D.18.a "Supported by U.S. Department Health and Human Service/Centers for Disease Control and Prevention (HHS/CDC) as part of a financial assistance award totaling $XX with 100% funded by HHS/CDC and Collier County Community and Human Services Division. The contents are those of the author(s) and do not necessarily reflect the official views of, nor an endorsement, by HHS/CDC, or the U.S. Government." This design concept is intended to disseminate key information regarding the development team, to the general public. 3.8 DEBARMENT AND SUSPENSION The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, as outlined in OMB Guidelines to Agencies on governmentwide Debarment and Suspension (non -procurement), 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is subject to 2 CFR Part 180 and Health and Human Services' implementing regulation at 45 CFR Part 75. 3.9 DEFAULTS, REMEDIES, AND TERMINATION c In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either 2 the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth, in writing, the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the COUNTY determines that the ui 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 if the award no longer effectuates the program goals or COUNTY priorities. co The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and Health and Human Services guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement. 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. E COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 18 Q rb Packet Pg. 1 571 16.D.18.a 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. The 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 or the Grant 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 the 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 in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement, in whole or in part. B. Require immediate repayment to the COUNTY of all Grant funds that SUBRECIPIENT c has received under this Agreement, as set forth in Section 1.4. y m C. Apply sanctions, if determined by the COUNTY to be applicable. W D. Stop all payments, until identified deficiencies are corrected. E. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and 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. 3.10 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), 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 Health and Human Services funds, per 45 CFR 75. 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. COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 19 Q t Packet Pg. 1956 16.D.18.a 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continually during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, and Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 200,327) and/or Collier County's Procurement Ordinance #2017-08, as amended, as outlined below. The current purchasing thresholds are: Federal Procurement Standards: Range: Method/Competition Required $0 - $10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding Collier Countv Procurement Standards: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, RFP, etc. The SUBRECIPIENT shall enter contracts for purchases with the lowest, responsible, and qualified bidder. 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. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. 3.14 PROGRAM GENERATED INCOME 0 .y W COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 20 Q %y Packet Pg. 1957 16.D.18.a No Program Income is anticipated. In the event Program Income is derived from the use of Health and Human Services funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDC -eligible activities, approved by COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by CDC funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307. When program income is generated by an activity that is only partially assisted with CDC funds, the income shall be prorated to reflect the percentage of CDC funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY, for further reallocation. Purchase of Equipment: Equipment under the SUBRECIPIENT's control that was acquired or improved, in whole or in part, with CDC funds shall be used to navigate the impact of the COVID- 19 outbreak, during the term of this Agreement. If the SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDC -assisted equipment in a manner that meets a CDC objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to the current fair market value of the equipment, less the percentage of non -CDC funds used to acquire the equipment. Equipment no longer needed by the SUBRECIPIENT for CDC -eligible activities under this c Agreement shall be: (a) transferred to the COUNTY for use elsewhere in the CDC program, or (b) retained by the SUBRECIPIENT after compensating the COUNTY an amount equal to the current fair market value of the equipment, less the percentage of non -CDC funds used to acquire the c equipment. w m W 3.15 GRANT 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 or termination 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. A conflict between state and federal law records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. 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. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The 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 COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 21 n Packet Pg. 1958 16.D.18.a race, 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. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, 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. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program w pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966, as amended. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. An Affirmative ci Action Program updated during the term of the Agreement must be submitted to the COUNTY = within 30 days of update/modification. m 3.19 CONFLICT OF INTEREST The 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, and that no person having any conflict of interest shall be employed or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all Conflict of Interest provisions of 2 CFR 200.318(c), and 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. COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 22 Q C Packet Pg. 1959 16.D.18.a Any possible conflict of interest on the part of the 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. 3.20 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not and has not used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of federal funds, as covered by 31 USC 1352, as more fully described in Section 4.32 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.21 RELIGIOUS ORGANIZATIONS CDC 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 based on c religion and will not limit or give preference in employment to persons on the basis of v religion. B. It will not discriminate against any person applying for public services based on religion w and will not limit such services or give preference to persons based on religion. 4) 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 CDC 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, CDC 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 CDC funds in this part. Sanctuaries, chapels, or other rooms that a CDC funded religious congregation uses as its principal place of worship, however, are ineligible for CDC funded improvements. 3.22 INCIDENT REPORTING If services to clients 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. 3.23 SEVERABILITY COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 23 an Packet Pg. 1960 16.D.18.a 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. 3.24 MISCELLANEOUS The SUBRECIPIENT and 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 on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agreement. The Grant 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 performed in accordance with c 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 Health and Human c Services. y m Electronic Signatures. This Agreement, ancillary to this Agreement, and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects = as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 24 Packet Pg. 1961 16.D.18.a PART IV GENERAL PROVISIONS 4.1 45 CFR 75 et seq — Uniform Administrative Rules for Federal Grants and Cooperative Agreements and Subawards to State, Local, and Indian Tribal Governments. https://www.ecfr.gov/current/title-45/subtitle-A/subchgpter-A/part-75 4.2 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.1p1 4.3 HHS Grants Policy Statement — HHS Grants Process and Terms and Conditions https://www.hhs.gov/ rg ants/ rg ants/ rg ants-policies-regulations/index.html 4.4 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that N use(s) covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as part of any system. _ 0 N 4.5 Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d) et seq., and Treasury's implementing regulation at 31 CFR Part 22), as amended, Title VIII of the Civil Rights Act of 1968, as amended —' https://www.hud.gov/programdescription/title6 = 4.6 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. EO 11246: htips://www.dol.gov/agencies/ofccp/exectitive-order- 11246/as-amended EO 11375 and 12086: see item #8 below 4.7 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 the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.hud.goy/prouamdescription/title6 4.8 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et. seq.) and Treasury implementing regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 hMs://www.law.comell.edu/uscode/text/42/cha tep r-76 11246: https://www.dol.gov/ofccp/regs/statutes/eol1246.htm COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 25 Packet Pg. 1962 16.D.18.a 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.9 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et seq. bgp:Hlibrary.clerk.house.gov/reference-files/PPL 101 336 AmericansWithDisabilities.pdf htips://www.law.comell.edu/uscode/text/42/12 101 4.10 Immigration Reform and Control Act of 1986 htips://www.eeoc.gov/eeoc/histoM/35th/thelaw/irca.htinl 4.11 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, a either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any y COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics v Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. v Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii N Collier County- http://www.colliergov.net/home/showdocument?id=35137 httl2://www.colliergov.net/home/showdocument?id=35137 0 4.12 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract w 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 c 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. 4.13 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). 4.14 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 COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 26 C Packet Pg. 1963 16.D.18.a 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. htips://www.flsenate.gov/Laws/Stattites/2012/44.102 4.15 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to report each violation for the following : a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.jzov/conteit/pkg/tJSCODE- 20 1 0-title42/html/USCODE-201 0-title42-chU85.htm https://www.law.comell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pka/TJSCODE-201 1-title33/pdf/USCODE-201 1-title33- chap26.pdf https://www.law.comell.edu/uscode/text/33/chapter-26 4.16 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with c` the Drug -Free Workplace Act of 1988 (41 USC 701) and Treasury implementing regulations at 31 CFR Part 20. c htips://www.gpo, og v/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title4l-chapl0- �n sec701 4.17 The SUBRECIPIENT agrees to comply with the Compliance with the Contract Work Hours and c Safety Standards Act, as contained in 29 CFR 5.5, including overtime requirements, liability for unpaid wages, withholding of unpaid wages and responsibility for compliance by subcontractors. htWs://wtivw.ecfr.gov/cgi-bin/text-idx?&node=pt24.4.5#se24.1.5 1500 4.18 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR 200.213. These regulations restrict awards, subawards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible to [participate in Federal assistance programs and activities. Pursuant to 2 CFR Part 25, Appendix A, Universal Identifier and System for Award Management (SAM), a contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 27 Packet Pg. 1964 16.D.18.a ineligible under statutory or regulatory authority other than Executive Order 12549, SAM Exclusions can be accessed at www.sam.gov. 2 CFR 200.213 Suspension and debarment https://www.ecfr.gov/cgi= bin/retrieveECFR?gp=&SID=c3 a97c97ac42f9c05 af52a7ea2f3 d005&mc=true&n=pt2.1.200&r=P ART&ty=HTML#se2.1.200_1213 https://www.archives.fzov/federal-register/codification/executive-order/ 12549.html 4.19 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.20 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be v submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The v 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 = 0 such closeout. 2 https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn7-div8 4.21 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. httD://www.lea.state.fl.us/Statutes/index.cfm?Ant) mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.htm1 4.22 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 28 10 Packet Pg. 1965 16.D.18.a an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.23 Any rule or regulation determined to be applicable by Health and Human Services. 4.24 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.htm1 4.25 Florida Statutes 119.061 Travel, using approved state travel voucher http://www.leg.state.fl.us/statutes/index.cfn?App mode=Display Statute&URL=0100- 0199/0112/Sections/0112.061.html 4.26 Florida Statutes, 119.071, Contracts and Public Records c N http://www.lea.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html = 0 .y 4.27 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide m 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. 4.28 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.g;ov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.29 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 29 Packet Pg. 1966 16.D.18.a body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. https://www.law.comell.edu/uscode/text/31/1352 4.30 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 grant 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. 4.31 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. 4.32 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text ,N Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), the Treasury encourages v 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 the Treasury c and to establish workplace safety policies and conduct education, awareness, and other outreach to w decrease crashes caused by distracted drivers. 4.33 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:Hojp.gov/fundin Explore/ProhibitedConduct-Trafficking htm. 4.34 Seat Belt Use: The SUBRECIPIENT agrees to encourage its contractors to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company -owned, rented, or personally owned vehicles, per Executive Order 13043, 62 FR 19217 (April 18, 1997). 4.35 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. 4.36 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 COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 30 Packet Pg. 1967 16.D.18.a 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 Treasury. https://www.ecfr. j ov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401 &r =PART&ty=HTML (Signature Page to Follow) COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 31 n Packet Pg. 1968 16.D.18.a 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: Jennifer A. Belpedio Assistant County Attorney Date: COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: `'; PENNY TAYLOR, CHAIRPERSON = d E d m L Date: I COLLIER HEALTH SERVICES, INC. D/B/A co v HEALTHCARE NETWORK v 7� By: c JOHN FLETCHER, CHIEF OPERATING OFFICER Date: c d W Page 32 Q Packet Pg. 1969 16.D.18.a 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: 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 N connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. _ 0 .y DESIGN STAGE (IF APPLICABLE) m In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: W 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: S. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than 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 COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 33 c Packet Pg. 1970 16.D.18.a 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 v connection with this Agreement in an amount not less than $1,000,000 combined single limit for v combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than 100 percent of the N O v replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. _ 0 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full 2 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. ai COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 34 c Packet Pg. 1971 16.D.18.a EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier Health Services, Inc. d/b/a Healthcare Network SUBRECIPIENT Address: 1454 Madison Ave. W., Immokalee, FL 34142 Project Name: Collier County Community Health Coalition Project No: CDC21-01 _ Payment Request # Total Payment Minus Retainage Period of Availability: 8/31/2021 _ through 8/30/2024 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant 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 Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Pagc 35 0 W Packet Pg. 1972 16.D.18.a EXHIBIT C PERFORMANCE MEASURES PROGRAM LIFETIME OUTCOMES: 1. Train: Increased skills/capacity/roles of CHWs to provide services and support for COVID-19 public health response efforts amongst priority populations. 2. Deploy: Increased workforce of CHWs delivering services to manage the spread of COVID-19. 3. Engage: Increased utilization of community resources and clincal services for those'at highest risk for poor health outcomes among priority populations. COMPONENT A: CAPACITY BUILDING TRAIN: Strategy CBI: Identify and collaborate with community -wide efforts to ensure comprehensive acquisition of relevant knowledge, roles, and skills by CHWs so they are prepared to successfully engage with existing state and/or local public health -led actions to manage COVID-19 among priority populations within communities. DEPLOY: Strategy CB3: Integrate CHWs into organizations and care teams to support the public health response to COVID-19 among priority populations within communities. Strategy CB4: Develop and disseminate messaging that educates organizations and care teams on the critical role CHWs play in delivering services and managing the spread of COVID-19 among priority 0 populations within communities. N as ENGAGE: Strategy CB5: Coordinate and/or promote opportunities, such as messaging/education, within communities and clinical settings to facilitate the engagement of CHWs in addressing the needs of those at highest risk for poor health outcomes, including those resulting from COVID-19. Strategy CB6: Year 1 : Initiate and develop and/or utilize systems to document engagement of CHWs in the care, support, and follow-up across clinical and community settings of priority populations at highest risk for poor health outcomes, including those resulting from COVID-19. (Required) Year 2: Facilitate engagement of CHWs in the care, support, and follow-up across clinical and community settings of priority populations at highest risk for poor health outcomes, including those resulting from COVID-19. SUBRECIPIENT and COUNTY will work with the HHS/CDC provided Technical Assistance to develop Data Collection and Performance Measures Reporting. Data Collection will be due to the CDC no less than semi-annually, in addition to the Annual Progress Report. COLLIER HEALTH SERVICES, INC DB/A HEALTHCARE NETWORK CDC2I-01 Collier County Community Health Coalition (CCCHC) Page 36 Packet Pg. 1973 16.D.18.a EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant 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 he imind tr) rnnnitnr Flnrlrl-q Qi—lo A,. 44 A-4. ��. �..._ nA , — .-_ . ipient 1G / UUll /%t L JlalUlC G 1 J.y/ re ulrements. Name Name Collier Health Services, Inc. d/b/a Healthcare Network First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY 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 implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK CDC21-01 Collier County Community Health Coalition (CCCHC) Page 37 Packet Pg. 1974