Backup Documents 12/14/2021 Item #16D18 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i 6 p i
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Catherine Sherman Community and Human CS 12/9/2021
Services
2. County Attorney Office—JAB County Attorney Office
3. BCC Office Board of County PT kxi
Commissioners t� /5/ Id-//'//,2f
4. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION • `I
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event onV f fhe a resdd sees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Catherine Sherman/CHS Phone Number 252-1425
Contact/ Depai Invent
Agenda Date Item was 12/14/2021 ✓ Agenda Item Number 16.D.18
Approved by the BCC
Type of Document CDC SUBRECIPIENT AGREEMENT WITH Number of Original 3
Attached COLLIER HEALTH SERVICES,INC. Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable colum ,.� 'chever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signatur TAMP OK
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be CS
Gs2signed by the Chairman,with the exception of most letters,must be reviewed and signed a
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CS
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during CS N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the CS N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the ID an option for
Chairman's signature. . this line.
16Dio
MEMORANDUM
Date: December 16, 2021
To: Catherine Sherman, Grants Coordinator
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: CDC Subrecipient Agreement w/Collier Health Services,
Inc.
Collier County Community health Coalition: Advancing
Accessible & Equitable Healthcare Systems in Extra Mil e
Migrant Worker Communities
Enclosed please find two (2) of the original documents referenced above
(Agenda Item #16D18), approved by the Board of County Commissioners on
Tuesday, December 16, 2021.
The Minutes & Records Department has retained an original as part of the
Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Enclosures
16D18
FAIN# NU58DP007038
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. D/B/A HEALTHCARE NETWORK
Collier County Community Health Coalition:
Advancing Accessible&Equitable Healthcare Systems in Extra MileMigrant Worker Communities
THIS AGREEMENT is made and entered into this ('1 day of eLI Q.CJ 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
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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 I
SCOPE OF WORK
The SUBRECIPIENT shall,in a satisfactory and proper manner and consistent with any standards required
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:
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.
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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:
a. Support urgent COVID-19 response efforts to continue to decrease spread of the virus
and bring the pandemic under control.
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
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❑ 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.
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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
Agreement execution
Performance Data System Performance Data Input Monthly,by 30th day of
Updates following month of service
Progress Report Exhibit C Due 10th 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(FY)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
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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
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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
Program Year 2* 08/31/2022—08/30/2023 $As approved
by CDC
Program Year 3* 08/31/2023—08/30/2024 $As approved
by CDC
* Only applicable if authorized by the CDC and upon approval by the COUNTY.
B. Program strategies include integrating CHWs into organizations and care teams and
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
among priority populations. Priority populations are those with increased prevalence of
COVID-19 and are disproportionately impacted by long-standing health disparities related
to sociodemographic characteristics,geographic regions,and economic strata.
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.
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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
all applicable Local, State, or Federal requirements. Reimbursements will only be made for
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
SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined
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
Payment Act."
1.5 COST PRINCIPLES
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.
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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:JpedrettiPhealthcareswfl.org
Telephone: (239)658-3792
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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
all other applicable laws and regulations. This documentation shall include, but is not limited to,
the following:
A. All records required by HHS/CDC regulations.
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
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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 239-252-6832,
Michael.Cox(a,colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
F. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
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
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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,
waste, abuse, or non-performance, based on goals and performance standards, as stated with all
other applicable laws,regulations,and policies governing the funds provided under this Agreement
further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute
noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT
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,
the COUNTY, the COUNTY's internal auditor(s), or their representatives access to all records
related to performance of activities in this Agreement.
2.4 FUNDS TRACKING
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
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.
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
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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
is in violation of Federal law and may result in criminal,civil,or administrative sanctions including
fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards
or contracts,and/or any other remedy available by law.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
In accordance with 41 USC Section 4712, SUBRECIPIENT may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons
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
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
or negotiation of a contract)or grant.
The list of persons and entities referenced in the paragraph above includes: a member of Congress
or a representative of a committee of Congress; an Inspector General; the Governmental
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;
a court or grant jury;or a management official or other employee of COUNTY, SUBRECIPIENT,
contractor, or subcontractor who has the responsibility to investigate, discover, or address
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.
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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
returned to the COUNTY.
• 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
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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
COUNTY on the 10th day of January,April,July, and October.As part of the report submitted at
the end of the project,the SUBRECIPIENT agrees to include a comprehensive final report covering
the agreed-upon Program objectives, activities, and expenditures, including but not limited to,
performance data on client feedback with respect to the goals and objectives set forth in Exhibit C,
which contains an example reporting form to be used in fulfillment of this requirement. Other
reporting requirements may be required by the County Manager or designee if the Program
changes, the need for additional information or documentation arises, and/or legislative
amendments are enacted. Reports and/or requested documentation not received by the due date
shall be considered delinquent and may be cause for default and termination of this Agreement.
Remainder of Page Intentionally Left Blank
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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
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
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance,as the SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the COUNTY'S governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY
or SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, 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.
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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
to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned,
granted, or assigned to any party and shall in no event be used for any purpose prohibited by the
Grant Documents or Regulations.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to,reasonable attorneys'and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith 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
thereon. This Indemnification shall survive the termination and/or expiration of this Agreement.
This section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, 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:
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"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
In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either
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
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.
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.
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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
has received under this Agreement,as set forth in Section 1.4.
C. Apply sanctions, if determined by the COUNTY to be applicable.
D. Stop all payments, until identified deficiencies are corrected.
E. Terminate this Agreement by giving written notice to SUBRECIPIENT 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.
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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 County 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
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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
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
equipment.
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
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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
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
Action Program updated during the term of the Agreement must be submitted to the COUNTY
within 30 days of update/modification.
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.
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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
religion and will not limit or give preference in employment to persons on the basis of
religion.
B. It will not discriminate against any person applying for public services based on religion
and will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct 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
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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
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
Services.
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
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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/subchapter-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.tpl
4.3 HHS Grants Policy Statement—I-II-IS Grants Process and Terms and Conditions
https://www.hhs.gov/grants/grants/grants-pol i ci es-regulations/index.htnl l
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
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.
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:
https://www.dol.gov/agencies/ofccp/executive-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.gov/programdescription/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
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246:https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
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11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.htmI
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. http://library.clerk.house.gov/reference-files/PPL 101 336 AmericansWithDisabilities.pdf
https://www.law.cornell.edu/uscode/text/42/12101
4.10 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.11 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No.2004-05,as amended,and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.12 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.13 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
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hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.15 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.gov/content/pkg/USCODE-
2010-titl e42/html/USCODE-2010-titl e42-chap85.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/pkg/USCODE-2011-title33/pdf/USCODE-2011-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
the Drug-Free Workplace Act of 1988(41 USC 701)and Treasury implementing regulations at 31
CFR Part 20.
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10-
sec701
4.17 The SUBRECIPIENT agrees to comply with the Compliance with the Contract Work Hours and
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.
littps://www.ecfr.gov/cgi-binitext-idx?&nodc=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
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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 a97c97ac42f9c05af52a7ea2f3d005&mc=true&n=pt2.1.200&r=P
ART&ty=HTML#se2.1.200 1213
https://www.archives.gov/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
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit
report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after
such closeout.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200_1344&rgn=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.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.22 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
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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.html
4.25 Florida Statutes 119.061 Travel,using approved state travel voucher
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0112/Secti ons/0112.061.html
4.26 Florida Statutes, 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
4.27 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www.lep.gov.
4.28 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://oip.gov/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
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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
Messaging While Driving,"74 Federal Register 51225(October 1,2009),the Treasury encourages
recipients and SUBRECIPIENTs to adopt and enforce policies banning employees from text
messaging while driving any vehicle during the course of performing work funded by the Treasury
and to establish workplace safety policies and conduct education,awareness,and other outreach to
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://oj p.gov/fund i ng/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
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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.gov/cgi-
bin/retrieveECFR?gp=&SID=aOO4b6bf2O934ace7a717de761 dc64cO&mc=true&n=pt37.1.401&r
=PART&ty=HTML
(Signature Page to Follow)
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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: BOARD •F . , TY COMMISSIONERS OF
C YSTAI.,.I<.!KINZEL,CLERK COLLI:lk 'O TY,FLORID
• By: �i `7
Atteit 8s to.that cl r 'E. TA 15 R,CHAIRP'4 ON
signature only, ,,
Date: I I i y 1 oZ
'' 9 4,
' ^ COLLIER HEALTH T'•�''�S,INC.D/B/A
Daterd: LQ_� HEALTHC '
(SEAL)
By:
J�,/,�� �+�HIEF OPERATING
Date:
Approved as to form and legality:
Jennif .Belpedio �� �\
Assistant County Attorney
Date: \ 2 ) ! 1 oZ
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,do Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1—3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two(2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than
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
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Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis, in an amount not less than 100 percent of the
replacement cost of the property. Collier County must be shown as a Loss payee, with respect to
this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
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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 Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$15,000 and above) Division Director(Approval Required$15,000
and above)
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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 CB1: 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
populations within communities.
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
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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 be used to monitor Florida Single Audit Act(Statute 215.97) requirements.
Subrecipient Collier Health Services, Inc. d/b/a Healthcare Network
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Total State Financial Assistance Expended during
Expended during most recently completed most recently completed Fiscal Year
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
n 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
n 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
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Collier County Community Health Coalition(CCCHC) Page 37