Backup Documents 05/24/2022 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 1
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. Jennessee Delgado Community and Human JD 05/05/2022
Services
2. County Attorney Office County Attorney Office 00( 512,s1Lz
3. BCC Office Board of County
Commissioners li�ht fig r( S/u/ZZ
4. Minutes and Records Clerk of Court's Office 1
6lzi 2L9-,off
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jennessee Delgado,Grants Coordinator, Phone Number 239-252-1421
Contact/ Department Community and Human Services
Agenda Date Item was May 10,2022(BCC Meeting date) Agenda Item Number 16.D.1. 1140 Veto Ta
Approved by the BCC /1 •g
Type of Document AGREEMENT BET LIER Number of Original 3
Attached COUNTY AN NAMI COLLI Documents Attached (AGM— l
COUNTY, .(ERA-2) -rfI. 9L-ICAT/
PO number or account
number if document is N/A EKA o 3 3 7
to be recorded L It/ _--.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JD
2. Does the document need to be sent to another agency for additional signatures? If yes, JD
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 JD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's J D
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 J D
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 JD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JD
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during
the meeting have been incorporated in the attached document. The County 0°e
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Instructions
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1) There are three (3) original Contracts. Please return two (2) Chairman signed Contracts to:
Jennessee Delgado
Grants Coordinator
Collier County Government I Community and Human Services
3339 E. Tamiami Trail, Bldg. H, Suite 211
Naples, FL 34112
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
169 1
MEMORANDUM
Date: May 27, 2021
To: Jennessee Delgado — Grants Coordinator
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County and
NAMI Collier County (EAR-2)
Attached for your records are two (2) copies of the document as referenced above,
(Item #11B/16D1) adopted by the Board of County Commissioners on Tuesday,
May 24, 2022.
An original is being held by the Minutes & Records Department for the Board's
Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
I D
FAIN# ERAE0037
Federal Award Date May 10,2021
Federal Award Agency Department of Treasury
CFDA Name Emergency Rental
Assistance Program
CFDA/CSFA# 21.023
Total Amount of Federal $500,000.00
Funds Awarded
SUBRECIPIENT Name NAMI Collier County,
Inc.
UEI# EB 16AJ87TRS5
FEIN 65-0047747
R&D No
Indirect Cost Rate No
Period of Performance March 1 2022—
May 31,2025
Fiscal Year End 6/30
Monitor End: 12/25
AGREEMENT BETWEEN COLLIER COUNTY
AND
NAMI COLLIER COUNTY,INC. (NAMI)
Emergency Rental Assistance Program-2 (ARP)
THIS AGREEMENT is made and entered into this 10 day of Play 2022, 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 NAMI COLLIER COUNTY, INC., (SUBRECIPIENT),
having its principal office at 6216 Trail Blvd., Building C,Naples, FL 34108.
WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), (Pub. L.No. 117-2
[March 11, 2021]), which was signed into law on March 11,2021;and
WHEREAS, the COUNTY has entered into an Agreement with the United States Department of
Treasury(Treasury)for a grant to execute and implement the Emergency Rental Assistance(ERA)program
pursuant to Section 3201(d) of the American Rescue Plan Act of 2021; and
WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities
to assist the community in navigating the impacts of the COVID-19 outbreak; and
WHEREAS, SUBRECIPIENT has applied for and, based on the information provided by the
SUBRECIPIENT, is qualified to receive Program funding; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking of the Emergency Rental Assistance(ERA)project.
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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 SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and
agreements herein set forth.
PART I
SCOPE OF WORK
SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing ERA funding, as determined by Collier County Community and Human Services
Division (CHS), perform the tasks necessary to conduct the program as follows:
Project Name: ERA2 Housing Assistance and Relocation
Description of project and outcome: Subrecipient will provide assistance and funding to obtain
suitable housing for residents that are unable to pay rent and utilities to better assist in the
prevention, preparation, and response for those households that have been impacted due to or
during the COVID-19 pandemic. Priority will be given to households that include an individual
who has been unemployed for the 90-day period preceding the date of application, and households
with income at or below 50 percent of the area median income(AMI).
Project Component One: Housing Assistance and Relocation: services include, but not limited to,
hotel fees, housing stability fees, court fees, first and last month's rent, monthly ongoing rental
payments, security deposits, property damage fees, parking fees, application fees, pet fees, utility
deposits or payments,or any other fees associated with obtaining a new lease agreement or paying
the current lease.
Project Component Two: Housing Team Leader, Program and Contract Manager, Chief
Financial Officer, and/or Supportive Housing Specialist Salaries and Benefits.
A. Project Tasks:
a. Provide housing support and relocation services for individuals in Collier County.
b. Submit monthly request for payment, as provided in the Exhibit B.
c. Submit monthly progress report, as provided in the Exhibit C.
d. Housing location and support services(salaries).
B. ERA Documentation Requirements Compliance Criteria:
Activities carried out with funds provided under this Agreement will contribute to a
program designed to determine eligibility:
a. The household income is at or below 80 percent of area median income(AMI);
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b. One or more individuals in the household has qualified for unemployment benefits or
has experienced a reduction in household income, incurred significant costs, or
experienced other financial hardship during or due, directly or indirectly, to the
coronavirus outbreak; and
c. One or more individuals in the household can demonstrate a risk of experiencing
homelessness or housing instability.
1.1 GRANT AND SPECIAL CONDITIONS
Performance under this Agreement is subject to 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,SUBRECIPIENT must
deliver to CHS for approval a detailed project schedule for the completion of the project.
B. The SUBRECIPIENT must submit to the COUNTY the following checked policies within
sixty(60)days of execution of this Agreement:
• Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
Conflict of Interest Policy
❑ Procurement 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.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: Housing Assistance and Relocation $450,000.00
services including but not limited to, hotel fees, housing
stability fees, court fees, first and last month's rent, monthly
ongoing rental payments,security deposits, property damage,
parking fees, application fees, pet fees,utility deposits or
payments,or any other fees associated with obtaining a new
lease agreement or ongoing lease agreement.
NAMI COLLIER COUNTY,INC.(NAME)
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Project Component 2: Housing Team Leader, Program and $50,000.00
Contract Manager, Chief Financial Officer, and/or
Supportive Housing Specialist Salaries and Benefits.
Total Federal Funds: $500,000.00
SUBRECIPIENT will accomplish the following checked project tasks:
• Maintain and provide to the COUNTY, as requested, beneficiary and/or income
certification documentation
• Maintain Eligibility Documentation, retained at SUBRECIPIENT location
• Provide Monthly project progress reports
• Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
0 Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis-Bacon Labor Standards
❑ Provide certified payroll weekly throughout construction and rehabilitation
B. 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 30 days of Agreement
execution and Annually within
thirty(30)days of renewal
Detailed Project Schedule N/A N/A
Monthly Progress Report Exhibit C Monthly, by the 10th of the
month following the month of
service
Annual Audit Monitoring Exhibit D Annually and within 60 days of
Report Agreement execution
Financial and Compliance Audit Audit,Management Letter, and Annually: nine(9)months after
Exhibit D FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Program Income Reuse Plan N/A N/A
C. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Housing Exhibit B along with proof of rent Monthly,by the 10`h
Assistance and Relocation payment and hotel payments,court fees, of the month
Services including, but not as evidenced by cancelled checks, following the month
limited to,hotel fees, housing properly completed bank statements,and of service
stability fees, court fees, first and utility bills.
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last month's rent, security
deposits, property damage,
parking fees, application fees, pet
fees, utility deposits or payments,
or any other fees associated with
obtaining a new lease agreement
or paying the current lease.
Project Component 2: Housing Exhibit B along with properly completed, Monthly, by the 10th
Team Leader, Program and timesheets, payroll register, banking, staff of the month
Contract Manager, Chief job descriptions(first pay request only) following the month
Financial Officer, and/or and any additional documents as of service
Supportive Housing Specialist requested.
Salaries and Benefits.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall start on March 2022, retroactively in accordance with ERA and
Coronavirus Local Fiscal Recovery Appropriation language and shall end on May 31,2025,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,and Section 3201(d)of the American Rescue Plan, SUBRECIPIENT may expend
Funds authorized by this Agreement only for allowable costs resulting from obligations incurred
during the specific agreement period.
If SUBRECIPIENT complies with all requirements set forth herein,this Agreement shall terminate
on May 31, 2025, whereupon all obligations of SUBRECIPIENT for repayment of funds shall
cease.Notwithstanding the foregoing,the COUNTY expressly reserves and does not waive its right
to recover any damages arising from or relating the SUB RECIPIENT'S breach of 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 FIVE HUNDRED THOUSAND DOLLARS and ZERO
CENTS($500,000.00)for use by SUBRECIPIENT during the term of the Agreement(hereinafter,
shall be referred to as the Funds). SUBRECIPIENT may use Funds only for expenses eligible
under Section 3201(d) of the American Rescue Plan Act of 2021, and further outlined is US
Treasury Guidance.
The ERA requires that Funds from the American Rescue Plan Act of 2021 (ARP)only be used to
cover renter households with:
A. Incomes consistent with the definition of low-income family as defined in Section 3(b)of
the U.S Housing Act of 1937(42 U.CS.C. 1437a(b));
B. One or more individuals in the household has qualified for unemployment benefits or has
experienced a reduction in household income, incurred significant costs or experienced
other financial hardship during or due directly or indirectly to the coronavirus outbreak;
and
NAME COLLIER COUNTY,INC.(NAMI)
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C. One or more individuals in the household can demonstrate a risk of experiencing
homelessness or housing instability.
Modification to the Budget and Scope may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ERA 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.
SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred
from March 01, 2022 through May 31, 2025. Invoices for work performed are required every
month. If no work has been performed during the month,or if SUBRECIPIENT is not yet prepared
to send the required backup, a $0 invoice is required. Explanations will be required if two
consecutive months of$0 invoices are submitted. Payments shall be made to SUBRECIPIENT,
when requested,as work progresses but not more frequently than once per month. Reimbursement
will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
Final invoices are due no later than fifteen (15) days after the end of the Agreement. Work
performed during the term of the program but not invoiced within fifteen(15)days after the end of
the Agreement may not be processed without written authorization from the Grant Coordinator.
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 ERA. However,
the COUNTY'S provisional determination that an expenditure is eligible does not relieve
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 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. SUBRECIPIENT must provide
adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors
and vendors are conditioned upon compliance with the procurement requirements provided in
2 CFR 200.318-200.326. Allowable costs incurred by SUBRECIPIENT and its Contractors shall
comply with 2 CFR Subpart E-Cost Principles.
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1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery,or sent by facsimile or other electronic means. Either party
may change the address to which notices are to be sent to it by giving written notice of such change
to the other parting in the manner herein provided for giving notice.Any notice,request,instruction,
or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending.
All notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Jennessee Delgado, Grant Coordinator
Collier County Community and Human Services Division
3339 E Tamiami Trail, Suite 213
Naples, Florida 34112
Email:jennessee.delgado@colliercountyfl.gov
Telephone: (239)252-1421
SUBRECIPIENT ATTENTION: Pamela Baker, Program and Contract Manager
NAMI Collier County, Inc.
6216 Trail Boulevard, Building C
Naples, Florida 34108
Email: pbaker@namicollier.org
Telephone: (239)260-7303
Remainder of Page Intentionally Left Blank
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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, 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 within 30 days after receipt of
the report. SUBRECIPIENT'S failure to comply with the above audit requirements will constitute
a violation of this Agreement and may result in withholding of future payments. 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
SUBRECIPIENT shall maintain sufficient records, in accordance with Section 3201 of the ARP
Act of 2021, 2 CFR 200.333 and §119.021, Florida Statutes, to determine compliance with the
requirements of this Agreement, the ERA Program, and all other applicable laws and regulations.
This documentation shall include, but is not limited to,the following:
A. All records required by ERA 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. SUBRECIPIENT shall make available to the COUNTY or CHS,at any time upon request,
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of Funds provided directly
or indirectly by this Agreement, 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
readily accessible, permanent, and secured location for five (5) years after the date of
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submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333. However, if 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 SUBRECIPIENT ceases to exist after the
closeout of this Agreement, it shall notify the COUNTY in writing, of the address where
the records are to be kept, as outlined in 2 CFR 200.336. SUBRECIPIENT shall meet all
requirements for retaining public records and transfer, at no cost to COUNTY, all public
records in possession of SUBRECIPIENT upon termination of the Agreement and destroy
any duplicate, exempt, and/or confidential public records that are 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, IT SHALL
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-
252-6832, Michael.Cox(u�colliercountyfl.Eov, 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 200.336 and 2 CFR 200.337.
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 SUBRECIPIENT as a direct result of such lack or delay of
notice, or of SUBRECIPIENT'S good faith reliance upon a material inaccuracy therein or
the material incompleteness thereof, as the case may be, shall not in and of itself, and to
the extent thereof, constitute an Event of Default hereunder, so long as 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 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 SUBRECIPIENT'S fiscal year end. The COUNTY
will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY'S discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. SUBRECIPIENT shall,upon the request of
CHS, submit information and status reports required by CHS or the Treasury to enable CHS to
evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow
CHS or the Treasury to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or the Treasury.
The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or nonperformance, 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 200.331. Substandard performance,as determined by CHS,will constitute
noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a
reasonable period after being notified by CHS, Agreement suspension or termination procedures
will be initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General,the
Government Accountability Office, or their authorized representatives, the Florida Auditor
General, the COUNTY, or the COUNTY'S internal auditor(s) access to all records related to
performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures to
prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and to provide proper and effective management of all Program and Fiscal activities
of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other
significant events shall be clearly documented,and the documentation shall be readily available for
monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all its records, employees, and
agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY'S efforts to detect, investigate,and prevent
fraud,waste,and abuse.
SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False
Claims and Statements, applies to the SUBRECIPIENT'S and its contractors' actions pertaining to
this Agreement.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation to COUNTY,or to any appropriate
law enforcement authority, if the report is made in good faith.
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2.5 DUPLICATION OF BENEFITS
In consideration of SUBRECIPIENT'S receipt of Funds from the COUNTY, SUBRECIPIENT
hereby assigns to the COUNTY all of its future rights to reimbursement and all payments received
from any grant, subsidized loan, or insurance policies of any type or coverage, or any
reimbursement or relief program related to or administered by the Federal Emergency Management
Agency, the Small Business Administration, or other program to the extent that proceeds paid to
SUBRECIPIENT under this Agreement, and determined in the sole discretion of the COUNTY to
be a Duplication of Benefits (DOB). This shall be defined as financial assistance available to the
SUBRECIPIENT that can be used to pay the costs described under Project Description/Project
Budget for the scope of work described in this Agreement that are to be paid for by this grant.
SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from
other relief or loan programs for this scope of work, which were not already described in the grant
application. If some or all the proceeds are determined to be a DOB,the DOB portion shall be paid
to the COUNTY forthwith.
2.6 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in CHS issuing Findings or Concerns to the
SUBRECIPIENT, which will require SUBRECIPIENT to submit a corrective
action plan 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
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 to be
returned to the COUNTY.
• CHS may require SUBRECIPIENT to return upwards of 5 percent of the
award amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT may be denied future consideration as set forth in Resolution
No. 2013-228.
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3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS of their substantial noncompliance by
certified mail, the COUNTY may require a portion of the awarded grant amount
or the amount of the investment for acquisition of the properties conveyed, to be
returned to the COUNTY.
• CHS may require SUBRECIPIENT to return upwards of 10 percent of the
award amount to the COUNTY,at the discretion of the Board.
• 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 termination of the Agreement or award.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all 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.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to
be noncompliant, the above sanctions may be imposed across all awards at the
Board's discretion.
2.7 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
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 monthly expenditure reports and
quarterly progress reports to the COUNTY on the 10th day of each month, for the prior month and
quarter, respectively. SUBRECIPIENT shall submit quarterly progress reports (Exhibit C) to the
COUNTY on the 10th day of January, April,July, and October, for the prior quarter period end.
As part of the report submitted at the end of the project, SUBRECIPIENT also agrees to include a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C, which contains an example quarterly reporting form to
be used in fulfillment of the quarterly reporting 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 if 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.
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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 Agreement and assigned documents.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of the ARP, Section 3201(d),Pub.L.No.
117-2 (March 11, 2021) and Treasury interpretive guidance regarding such requirements.
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. SUBRECIPIENT further agrees to utilize Funds available under this
Agreement to supplement rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall
always remain an"independent contractor"with respect to the services to be performed under this
Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the
SUBRECIPIENT is independent 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 Board. Such
amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the Funding, 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 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 Treasury ERA-2 grant funds
and must be implemented in full compliance with all of Department of Treasury rules and
regulations and any agreement between COUNTY and the Department of Treasury governing ERA
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 Treasury 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 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, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor
any individual member of the County Commissioners and/or County Administration, personally
liable for the performance of this Agreement,and the COUNTY shall be released from any further
liability to SUBRECIPIENT under the terms of this Agreement.
SUBRECIPIENT shall use the 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. No Grant proceeds may be used for the purchase of property or
construction of existing property.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to,reasonable attorneys'and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of 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. 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
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the Program sponsorships, research reports, and similar public notices, whether
printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
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"This project is supported in whole or in part, by Federal award number
ERAE0037,awarded to Collier County by the U.S.Department of the Treasury."
and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team,to the general
public.
3.8 DEBARMENT AND SUSPENSION
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 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(nonprocurement), 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 Treasury's implementing regulation at 31 CFR Part 19.
3.9 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination,the effective date, and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety. This Agreement may also be terminated 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 11 (A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes,regulations,executive orders,and Treasury 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.
F. Failure to materially comply with any terms of this Agreement.
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G. Failure to materially comply with the terms of any other Agreement between the COUNTY
and SUBRECIPIENT relating to the project.
H. Assignment of 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. Failure to cure an adverse material condition,which occurs in SUBRECIPIENT'S financial
condition, within thirty(30)days from the date written 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 SUBRECIPIENT to immediately repay to the COUNTY all Grant Funds received
under this Agreement, as set forth in Section 6.2.
C. Apply sanctions, if determined by the COUNTY to be applicable.
D. Stop all payments until identified deficiencies are corrected.
E. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY, as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
3.10 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 and any
accounts receivable attributable to the use of Treasury funds, per 2 CFR 200.313.
The COUNTY'S receipt of any Funds on hand at the time of termination shall not waive the
COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the
Funds or property, as the COUNTY may deem necessary.
3.11 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.
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3.12 ADMINISTRATIVE REQUIREMENTS
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
2 CFR.326) 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.)
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 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.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use of
Treasury Funds disbursed under this Agreement, such Program Income shall be utilized by
SUBRECIPIENT for ERA-eligible activities, approved by the COUNTY. Any"Program Income"
(as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT
activity funded by ERA Funds shall be reported to the COUNTY through an annual Program
Income Reuse Plan, utilized by SUBRECIPIENT accordingly, and shall be compliant with 2 CFR
200.307.When Program Income is generated by an activity that is only partially assisted with
ERA Funds, the income shall be prorated to reflect the percentage of ERA Funds used. If
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there is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY'S ERA program, for further reallocation.
Purchase of Equipment: Equipment under the SUBRECIPIENT'S control that was acquired or
improved, in whole or in part,with ERA Funds shall be used to navigate the impact of the COVID-
19 outbreak, during the term of this Agreement. If the purchase of the asset was consistent with the
limitations on the eligible use of Funds provided by section 3201(d) of the American Rescue Plan
Act of 2021, SUBRECIPIENT may retain the asset. If such assets are disposed of prior to
September 30, 2025, the proceeds would be subject to the restrictions on the eligible use of
payments from the Fund provided by section 3201(d)of the American Rescue Plan Act.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are
completed. SUBRECIPIENT may close out the project with the COUNTY after the closeout
monitoring has been completed. 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, SUBRECIPIENT shall comply
with Section 119.021, Florida Statutes regarding records maintenance,preservation,and retention.
A conflict between State and Federal 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 200.343.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement based on race,
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
SUBRECIPIENT will use its best efforts to afford small businesses, minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement. As used in this Agreement,the term "small business"means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
"minority and women's business enterprise"means a business that is 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
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Americans, Asian-Americans, and American Indians. 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
SUBRECIPIENT agrees that it shall be committed to carrying 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.Prior to the award of Funds,SUBRECIPIENT shall
submit a plan for an Affirmative Action Program for approval. If the Affirmative Action Program
is updated during the term of the agreement, it must be submitted to the COUNTY within 30 days
of update/modification.
3.19 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement,and SUBRECIPIENT shall not employ or subcontract any
person having any conflict of interest. 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.
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 at the COUNTY'S sole discretion. This provision is not
intended to limit SUBRECIPIENT'S ability to self-manage the projects using its own employees.
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 DEBTS OWED THE FEDERAL GOVERNMENT
a. Any Funds paid to SUBRECIPIENT(1) in excess of the amount to which SUBRECIPIENT
is finally determined to be authorized to retain under the terms of this award; (2) that are
determined by the Treasury Office of Inspector General to have been misused shall constitute
a debt to the Federal government.
b. Any debts determined to be owed the Federal government must be paid promptly by
SUBRECIPIENT. A debt is delinquent if it has not been paid by the date specified in the
Treasury's initial written demand for payment, unless other satisfactory arrangements have
been made. Interest,penalties,and administrative charges shall be charged on delinquent debts
in accordance with 31 U.S.0 3717 and 31 CFR 901.9.Treasury will refer any debt that is more
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than 180 days delinquent to Treasury's Bureau of the Fiscal Service for debt collection
services.
c. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or such other
higher rate as authorized by law. Administrative charges,that is,the costs of processing and
handling a delinquent debt, shall be determined by the Treasury.
3.21 DISCLAIMER
a. The United States expressly disclaims any and all responsibility or liability to SUBRECIPIENT
or third persons resulting in death, bodily injury, property damages, or any other losses
resulting in any way from the performance of this award or any contract or subcontract under
this award.
b. The acceptance of this award by SUBRECIPIENT does not in any way constitute an agency
relationship between the United States and SUBRECIPIENT.
3.22 PROTECTIONS FOR WHISTLEBLOWERS
A. In accordance with 41 U.S.0 4712, SUBRECIPIENT may not discharge,demote,or otherwise
discriminate against an employee as a reprisal for disclosing information to any of the list of
persons or entities provided below 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.
B. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; and/or
vii. A management official or other employee of SUBRECIPIENT contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
C. SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
3.23 BYRD ANTI-LOBBYING AMENDMEMNT
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 4.47 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.24 RELIGIOUS ORGANIZATIONS
ERA 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,
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2002, as amended. SUBRECIPIENT shall comply with First Amendment Church/State principles
as follows:
A. It will not discriminate against any employee or applicant for employment and will not
limit or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct ERA 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, ERA 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 ERA Funds in this part. Sanctuaries, chapels, or other rooms that an ERA
funded religious congregation uses as its principal place of worship,however,are ineligible
for ERA funded improvements.
3.25 INCIDENT REPORTING
If SUBRECIPIENT provides services to clients under this Agreement, 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.
3.26 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part thereof.
3.27 MISCELLANEOUS
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.
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 SUBRECIPIENT'S financial position.
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.
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.
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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 with the COUNTY,the Regulations,
all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines,
including but not limited to any applicable regulations issued by the Treasury.
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 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/Title02/2cti200 main_02.tpl
4.2 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.
4.3 2 CFR 200,Appendix XII-RECIPIENT Integrity and Performance Matters is hereby incorporated
by reference.
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I I/part-200/appendix-
Appendix%20XII%20to%20Part%20200
4.4 The Fair Housing Act(42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act, prohibits discrimination in housing on the basis of race, color, religion, national origin, sex,
familial status or disability.
https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.justice.gov/crt/fair-housing-act-I
Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.html
Executive Order 11259—Leadership&Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.htm I
4.5 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
https://www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra
4.6 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as
amended and Treasury's implementing regulations at 31 CFR Part 22, which prohibit
discrimination on the grounds of race, color, or national origin under programs or activities
receiving federal financial assistance.
https://www.hud.gov/programdescription/title6
https://www.ecfr.gov/current/title-31/subtitle-A/part-22
4.7 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
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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
4.8 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
4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086 and Treasury's implementing regulations at
31 CFR Part 23, which prohibits discrimination on the basis of age.
Age Discrimination Act of 1975
https://www.law.corneftedu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://wtivw.archives.hov/federal-register/codification/executive-order/11478.htm1
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.htm1
12086: https://www.archives.gov/federal-register/codification/executive-order/I2086.html
31 CFR Part 23: https://www.ecfr.gov/current/title-31/subtitle-A/part-23
4.10 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5), prohibits discrimination on the
basis of disability.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle,com/uscode/29/776.html
4.11 The Americans with Disabilities Act of 1990: Public Law 101-336,42 USC. Section 12101 et seq.,
which prohibits discrimination on the basis of disability under programs, activities, and services
provided or made available by state and local governments.
http://library.clerk.house.gov/reference-files/PPL_l 0l_336_AmericansWithDisabilities.pdf
https://www.law.cornell.edu/uscode/text/42/12101
4.12 Immigration Reform and Control Act of 1986
https://www.eeoc.govieeoc/history/35th/thelaw/irca.html
4.13 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/homa/showdocument?id=35137
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D
4.14 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.
4.15 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).
4.16 Dispute Resolution—Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.17 The SUBRECIPIENT agrees to comply with all applicable standards and agrees to report each
violation for the following :
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo gov/content/pkg/USCODE-
2010-title42/html/U SCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https:// w ovinfo.gov/content/pkg/USCODE-20I I-tit1e33/pdf/USCODE-201 I-title33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
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4.18 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988 (41 U.S.C. 701)and 31 CFR 20.
https://www.gpo.gov/fdsys/granule/USCODE-2009-title4 I/U SCODE-2009-t itle4 I-chap 10-
sec701
4.19 29 CFR Parts 3 and 5 —Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtm l?req=granuleid:U SC-1999-title40-section276a-
7&num=0&edition=1999
29 CFR Part 3 —Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part, by Loans or Grants from the United States
https://www.law.come!Led u/c fr/text/29/part-3
29 CFR Part 5—Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://www.law.comell.edu/cfr/text/29/part-5
4.20 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the Federally Funded contract.
18 USC. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title 18/pdf/USCODE-2010-
title18.pdf
40 USC. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
4.21 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.
hops://www.ecfr.gov/cgi-bin/text-idx?&node=pt24.4.5#se24.I.5_1500
4.22 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. A contract award must not be made to parties listed in the SDAM
Exclusions. SAM Exclusions id the list maintained by the General Services Administration that
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contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared 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-
b in/rctrieveECT R?gp=&S I D=c3a97c97ac42f9c05af52a7ea213d005&me=true&n=pt2.I.200&r=P
ART&ty=HTML#se2.1.200 1213
Reporting Subaward and Executive Compensation Information,2 CFR Part 170,pursuant to which
the award term set forth in 2 CFR Part 170, Appendix A is hereby incorporated by reference.
https://www.archives.gov/federal-register/codification/executive-order/12549.html
4.23 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.
4.24 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=5a78addefft9a535e83fed30I 0308aef&mc=tnie&node=set.I.200_1344&rgn=div8
4.25 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=Disnlav Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.26 New Restrictions on Lobbying—31 CFR Part 21 are applicable.
https://www.ecfr.gov/current/title-31/subtitle-A/part-21
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
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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. 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 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.
4.27 Any rule or regulation determined to be applicable by the Treasury.
4.28 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Displav_Statute&URL=0100-
0199/0119/Sections/0119.021.htm I
4.29 Florida Statutes 119.061 Travel, using approved state travel voucher
http://www.leg.state.tl.us/statutes/index.cfm?App mode=Display_Statute&URL=0100-
0199/0112/Sections/0112.061.html
4.30 Florida Statutes, 119.071,Contracts and Public Records
http://www.leg.state.tl.us/Statutes/index.cfm?App mode=Display Statute&U RL=0100-
0199/0119/Sections/0119.071.html
4.31 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.
4.32 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https://ojp.gov/about/ocr/pdfs/Useottonviction_Advisory.pdf for more details.
4.33 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
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in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 USC. § 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
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
4.34 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.
4.35 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.
4.36 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.
4.37 Increasing Seat Belt Use in the United States: Pursuant to Executive Order 13043, 62 FR 19217
(April 8, 1997),Recipient should and should 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.
4.38 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://ojp.gov/funding,/Explore/ProhibitedConduct-Trafticking.htm.
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4.39 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.
4.40 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental,or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,"
and any implementing regulations issued by the Treasury.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de76I dc64c0&mc=tnie&n=pt37.1.40I&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 OF CO ►TY COMMISSIONERS OF
CRYSTAL K.KIIEL,CLERK COLLIER CO ►'fir • • • •
A ;A
41
e)'
4' ( , . 0.1.. A/E.'Std6 t0 Ch81Ri1a11' r��!�� W 'IAM L.MCDANIEL,JR.,s
C •IRPERSON
signature ! . . . ,
Dated: d" ' l.a— Date: M�`/ tat 2 D 2 Z-
EALY
NAMI COLLIER COUNTY,INC.(NAMI)
By: 425 r g 5 .e,c,,----
ELIZABETH STIKEMAN,BOARD CHAIR
JCcTD
Date: g/i/L 2.--
Ali; d as", rry ` ,V
Assistant County Attorney ' ) ti
`\
V�
Date: 5 /zs /zo?_2_
NAMI COLLIER COUNTY,INC.(NAMI)
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r( .t)
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than 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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4't
16D I
EXHIBIT B
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: NAMI Collier County, Inc.
SUBRECIPIENT Address: 6216 Trail Blvd, Building C,Naples, FL 34108
Project Name: ERA2 Housing Assistance and Relocation
Project No: ERA2 22-01_ Payment Request#
Total Payment Minus Retainage
Period of Availability: _through
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
EMERGENCY RENTAL ASSISTANCE (ERA)
MONTHLY PROGRESS REPORT
Report Period: March 1, 2022—May 31, 2025
Fiscal Year: 2022
Agreement Number: ERA-2 2022-01
Subrecipient Name: NAMI Collier County, Inc.
Program: ERA-2 Housing Assistance and Relocation
Contact Name: Pamela Baker
Contact Telephone Number: 239-260-7303
Activity Reporting Period Report Due Date
October 151—December 31" January 10t
January 1"—March 3151 April 10th
April 1"—June 30th July 10°'
July 1"—September 30'h October 10th
Characteristics Report
1. Report Selection Criteria
Ethnicity
Non-
Race Hispanic Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Funds Expended:
Category Funds Expended Funds Expended
Current Month To Date
Rental-Relocation Expenses(Monthly rent payments,
hotel fees,housing stability fees, court fees, First month,
last month's rent and initial fees)
Utilities-Relocation Expenses(Utility Deposit)
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Administration
Other:
Total
3. Project Progress:
Describe your progress, during the reporting period and any impediments, if applicable.
XXXX
By signing this report, I certify to the best of my knowledge and belief that the information contained in
this report is true, complete and accurate. I am aware that any false, fictitious, or fraudulent information,
or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud,
false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-
3730 and 3801-3812).
Signature: Date:
Printed Name:
Title:
NOTE: This form subject to modification based on Treasury guidance.
Your typed name here represents your electronic signature.
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1 6 D 1
EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 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 NAMI Collier County, Inc.
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DDIYY)
Total Federal Financial Assistance Total State Financial Assistance Expended during
Expended during most recently completed
Fiscal Year most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or
will be completed by . Copies of the audit report and management letter are
attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ ❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑ understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
NAMI COLLIER COUNTY,INC.(NAMI)
ERA-2 22-01
ERA2 Housing Relocation Page 37