Agenda 06/28/2022 Item #16D 3 (3 BA for 3 Memorandums of Understanding)16.D.3
06/28/2022
EXECUTIVE SUMMARY
Recommendation to approve three (3) budget amendments for (3) executed Memorandums of
Understanding between Collier County Library Division for the Community Outreach Literacy
and Education project in the amount of $2,029,304, the Collier County University Extension
Division Reaching More - Extension Education project in the amount of $1,546,000, and the Collier
County Museum Division for the Immokalee Pioneer Museum project in the amount of $561,490.
All projects are funded by the American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund.
(Public Services Grant Fund 709)
OBJECTIVE: To provide educational programs to disadvantaged youth in qualified census tracts
throughout Collier County.
CONSIDERATIONS: Congress passed the American Rescue Plan (ARP) Act of 2021, and it was signed
into law on March 11, 2021. Included in the legislation was a $350 billion Coronavirus State and Local
Fiscal Recovery Fund of which Collier County will receive an allocation of $74,762,701.
On May 11, 2021, the Board of County Commissioners ('Board") approved (Agenda Item #IIJ) an
"After -the -Fact" ARP agreement submission to the U.S. Treasury.
On June 22, 2021, Agenda Item #I IH, staff presented a preliminary ARP plan to the Board. On March
22, 2022, Agenda Item #16D7, the Board accepted an update on the American Rescue Plan Act
Coronavirus State and Local Fiscal Recovery Fund and authorized programmatic funding reallocations.
The US Treasury issued program guidance on June 17, 2021, directing state and local governments to
identify projects that benefited those persons in qualified census tracts and programs that were evidence -
based.
Collier County Library Division: COLE
Funding for the Collier County Library ("Library") Division was allocated to the Community Outreach
Literacy and Education (COLE) Project. The COLE Project will provide educational sessions at the
Golden Gate and Immokalee libraries. The libraries will offer tutoring sessions each week to support
literacy and improved educational outcomes of local school -age students in grades K-12 or participants
engaged in General Educational Development (GED). A COLE Project coordinator will serve at each
branch, overseeing community outreach and homework for English as a Second Language (ESOL) and
other students. The COLE Project includes an online tutoring program and the use of Wi-Fi and laptops
for access to online tutoring, materials for instructional sessions, teaching personnel, and staff. Outcomes
include increased reading comprehension and fluency among participants. The total project cost is
$2,029,304 with a period of performance from October 1, 2021 to December 31, 2024.
Collier County University Extension: Reaching More - Extension Education
The Collier County University Extension Division was allocated funding for the Reaching More -
Extension Education program. This project includes nutrition education, healthy meals through food
purchases, meal preparation, and outreach to improve dietary quality, nutrition literacy, and reduce health
disparities among low-income and negatively economically impacted Collier County residents and
SNAP -eligible participants. Outcomes include increased access to healthy foods, reducing food
insecurity, and better nutrition for impacted participants. The total cost is $1,546,000 with a period of
performance from October 1, 2021 to December 31, 2024.
Collier County Museum: Immokalee Pioneer Museum
The Collier County Museum Division was also allocated funding for the Immokalee Pioneer Museum.
This project consists of recreating a 1.25-acre citrus grove and half -acre homestead garden at Immokalee
Pioneer Museum to serve as an interactive educational platform for students in this high -poverty district
through hands-on instruction. Beneficiaries of this project will be disadvantaged students in Immokalee
Packet Pg. 955
16.D.3
06/28/2022
who lost science and health instruction during the school closure due to the COVID-19 pandemic.
Outcomes will include increased science education for students. The total cost is $561,490 with a period
of performance from October 1, 2021 to December 31, 2024.
FISCAL IMPACT: Budget Amendments are required to recognize the grant revenue for a total amount
of $4,136,794. The projects are budgeted in the Public Services Grant Fund (709), Collier County Library
Division COLE, Collier County University Extension: Reaching More - Extension Education, and Collier
County Museum: Immokalee Pioneer Museum, projects 33805, 33816 and 33809, respectively. The
annual maintenance for the Pioneer's Museum's citrus orchard will be covered during the grant period
ending December 2024. The future estimated maintenance cost of the citrus orchard is currently estimated
to be $7,200 a year with a 2% increase annually thereafter which will funded from the Museum's
operating budget within Museum Fund 198. There is no match requirement.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
item.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -DDP
RECOMMENDATION: To approve (3) budget amendments for (3) executed Memorandums of
Understanding between Collier County Library Division for the Community Outreach Literacy and
Education project in the amount of $2,029,304, the Collier County University Extension Division
Reaching More - Extension Education project in the amount of $1,546,000, and the Collier County
Museum Division for the Immokalee Pioneer Museum project in the amount of $561,490. All projects are
funded by the American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund.
Prepared By: Maria Kantaras, Grants Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. [Linked] EXECUTED _ARP21-12 LIBRARY MOU_COLE PROGRAM (PDF)
2. [Linked] EXECUTED _ARP21-17 UNIVERSITY EXTENSION MOU_EDUC FINAL
w_DATES (PDF)
3. [Linked] EXECUTED —ARP 21-04 MUSEUMS_IMM PIONEER FINAL w DATES (PDF)
Packet Pg. 956
16.D.3
06/28/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.3
Doe ID: 22288
Item Summary: Recommendation to approve three (3) budget amendments for (3) executed
Memorandums of Understanding between Collier County Library Division for the Community Outreach
Literacy and Education project in the amount of $2,029,304, the Collier County University Extension
Division Reaching More - Extension Education project in the amount of $1,546,000, and the Collier
County Museum Division for the Immokalee Pioneer Museum project in the amount of $561,490. All
projects are funded by the American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund. (Public
Services Grant Fund 709)
Meeting Date: 06/28/2022
Prepared by:
Title: — Community & Human Services
Name: Maria Kantaras
05/17/2022 4:34 PM
Submitted by:
Title: Manager - Federal/State Grants Operation — Community & Human Services
Name: Kristi Sonntag
05/17/2022 4:34 PM
Approved By:
Review:
Community & Human Services
Cynthia Balterman
Additional Reviewer
Community & Human Services
Blanca Aquino Luque Additional Reviewer
Community & Human Services
Kristi Sonntag
CHS Review
Community & Human Services
Maggie Lopez
Additional Reviewer
Operations & Veteran Services
Kimberley Grant
Additional Reviewer
Public Services Department
Todd Henry
PSD Level 1 Reviewer
Public Services Department
Tanya Williams
PSD Department Head Review
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
Grants
Erica Robinson
Level 2 Grants Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow
Level 3 County Attorney's Office Review
Growth Management Operations Support
Christopher Johnson
Grants
Therese Stanley
Additional Reviewer
County Manager's Office
Dan Rodriguez
Level 4 County Manager Review
Completed
05/18/2022 5:00 PM
Completed
05/18/2022 5:05 PM
Completed
05/19/2022 3:38 PM
Completed
05/19/2022 4:03 PM
Completed
05/20/2022 9:11 AM
Completed
05/23/2022 10:29 AM
Completed
05/25/2022 12:51 PM
Completed
05/25/2022 2:05 PM
Completed
05/27/2022 2:25 PM
Completed
05/31/2022 8:57 AM
Completed
05/31/2022 10:13 AM
Additional Reviewer
Completed
Completed
06/17/2022 12:33 PM
Completed
06/21/2022 9:43 AM
Packet Pg. 957
16.D.3
06/28/2022
Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM
Packet Pg. 958
FAIN #
SLT-1 155
Federal Award Date
March 1 12021
Federal Award Agency
Department of Treasury
ALN Name
Coronavirus Local Fiscal
Recovery Fund
ALN/CSFA#
21.027
Treasury Expenditure
Cate ory
EC2.24
Collier County Recovery
Plan Project Number
CC4.1
Total Amount of Federal
Funds Awarded
$2,029,304.00
SUBRECIPIENT Name
Collier County Library
Division
UEI#
JWKJKYRPLLU6
FEIN
596000558
R&D
No
Indirect Cost Rate
No
Period of Performance
October 1, 2021 -- December
31, 2024
Fiscal Year End
09/30
Monitor End:
June 30 2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
COLLIER COUNTY
AND
COLLIER COUNTY LIBRARY DIVISION
American Rescue Plan (ARP) Act
Coronavirus Local Fiscal Recovery Fund
THIS MOU is made and entered into this ,_ I I_ day of April 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 Collier County Library Division, (SUBRECIPIENT),
having its principal office at 2385 Orange Blossom Drive Naples, Florida 34109.
WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed
into law on March 11, 2021. Included in the legislation was $350 billion to establish the Coronavirus State
and Local Fiscal Recovery Fund (SLFRF); and
WHEREAS, the COUNTY has entered into an agreement with the United States Treasury
Department (Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP),
pursuant to the Coronavirus State and Local Fiscal Recovery Fund (SLFRF), Section 603 (c) of the Social
Security Act; and
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan -Community Outreach, Literacy and Education Page I
�tr�
WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities
to assist the community in navigating the impact of the COVID-19 outbreak; and
WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the
SUBRECIPIENT, is qualified to receive Program funding; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking of the American Rescue Plan (ARP) project.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for
other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a
Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and
agreements herein set forth.
PARTI
SCOPE OF WORK
The SUBRECIPIENT shall, in accordance with the Collier County Recovery Plan, which is the official
COUNTY document guiding the use of funds, intended goals, and measurement of impact, perform the
tasks necessary to conduct the program as follows:
Project Name: American Rescue Ptan-Education Assistance -Community Outreach Literacy and
Education
Description of project and outcome: The Community Outreach, Education and Literacy (COLE)
Project will provide educational sessions at the Golden Gate and Immokalee libraries. The Library
will offer a minimum of three sessions per week to support literacy and improved educational
outcomes of local school -age students in grades K42 or participants engaged in General
Educational Development (GED). A COLE coordinator will serve at each branch, overseeing
community outreach and homework for English as a Second Language (ESOL) and other students.
The COLE Project includes an online tutoring program and use of Wi-Fi and laptops for access to
online tutoring, materials for instructional sessions, teaching personnel and staff. Outcomes include
increased reading comprehension and fluency among participants.
Project Component One: Equipment, Materials, Supplies, and Ancillary Supply Expenses
including but not limited to cell phones, computers, printers and technical support; teaching and
learning materials; work station furnishings; promotional materials; snacks; and recognition items.
Treasury Expenditure Category: EC2.24
Collier County Recovery Plan Project Numer: CC4.1
Evidence Basis: Yes. EC2.24 Addressing Educational Disparities: Aid to High -Poverty Districts:
Cindy Mediavilla of UCLA Dept. of Information Studies provides models for Homework Centers
in her book Creating & Managing the Full -Service Homework Center 2018, Web link:
https•//www tandfonline com/doi/full/10 1080/24750158 2018 1466617.
Project Component Two: PersonneUSalaries including but not limited to staff, tutors, salary,
benefits, and related personnel travel expenses.
Treasury Expenditure Category: EC2.24
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan-Cmnmunity Outreach, Literacy and Education Page 2
�10
Collier County Recovery Plan Project Number: CC4.1
Evidence Basis: Yes, EC2.24 Addressing Educational Disparities: Aid to High -Poverty Districts:
Refer to Component One,
A. Project Tasks:
a. Task 1: Designate, establish and promote COLE Project homework assistance centers
and enhance the library collection for COLE Project participants of the Immokalee and
Golden Gate library branches.
b. Task 2: Employ trained preferred bilingual, certified teachers and assistants to support
the COLE Project homework assistance center at Golden Gate and Immokalee
Libraries.
2. ARP Documentation Requirements Compliance Criteria:
A, Activities carried out with SLFRF funds provided under this MOU will contribute to a
program designed to:
a. Denote areas where recipients must report on whether projects are primarily
disproportionately impacted communities.
b. Provide services to address disparities in educational outcomes that pre -date the
pandemic and amplified the impact on underserved students.
c. Provide services to address educational disparities exacerbated by COVID49,
d. Determine number of students participating in evidenced -based tutoring programs.
e. Determine number of youths receiving other education (e.g., ESOL, General
Education Development [GED]) services, with demographic information.
f. Document computer equipment usage statistics with demographic information.
g. Document key performance indicators allocated to evidence -based interventions
to include both output and outcome measures primarily for services to impacted
households and communities.
h. Access and include links to the National Center for Education Statistics (LACES)
School ID or NCES District ID and list the School District if all schools within the
school district received some (SLFRF) funds. If not all schools within the school
district received (SLFRF) funds, list the School ID of the schools that received
(SLFRF) funds. Allow evaluators to link data from the NCES to look at school -
level demographics and eventually, student performance. Ref, NCES identification
numbers, see https•//nees ed eov/ccd/districtsearch/(Districts)
and https•Hiiees edgov/ccd/schoolsearch/(schools).
i. Include full evidence base maintained by FGCU Impact Evaluation Team and
developed in collaboration with SUBRECIPIENT,
A. Evidence -Based
Evidence -based interventions is a Treasury policy that pertains to projects within US
Treasury Expenditure Categories 1, 2, and 3. If SUBRECIPIENT's project falls within
this category, SUBRECIPIENT shall identify an evidence base for the overall project,
or if activities are disparate, each activity. An Evidence Base refers to studies of
similar projects that evaluate whether a strong or moderate connection exists between
project activities and desired outcomes. For further information on evidence -base,
please refer to page 33 of the Treasury Compliance and Reporting Guidance:
COLLIER COUNTY LIBRARY DIVISION
ARP21 12
American Rescue Plan -Community Outreach, Literacy and Education Page 3
httlrs•//home IreastuU t,ov/stem/files/13G/SLFRF-Compliance-and-Repoltine-
Guidance.pdf
I.I GRANT AND SPECIAL CONDITIONS
Performance under this MOU 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 MOU, the SUBRECIPIENT must
deliver to CHS for approval a detailed project schedule for the completion of the project.
B. The following checked policies must be submitted within sixty (60) days of execution of
this MOU:
Affirmative Fair Housing Policy
Affirmative Action/ Equal Opportunity Policy
Conflict of Interest Policy
Procurement Policy
Davis -Bacon Policy
Uniform Relocation Act Policy
Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Limited English Proficiency Policy (LEP)
Violence Against Women Act (VAWA) Policy
LGBTQ Policy
C. AnnuaISUBRECIPIENTTraining—
All SUBRECIPIENT staff assigned to the administration and implementation of the
Project established by this MOU, 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: Equipment, Materials, Supplies, and
$1,300,000.00
Ancillary Supply Expenses including but not limited to cell
phones, computers, printers and technical support; teaching
and learning materials; workstation furnishings; promotional
materials; snacks; and recognition items.
US Treasury Expenditure Cate o *: EC2.24
Collier County Recovery Plan Project Number: CC4.1
COLL[ER COUNTY L16RARY DIVISION
ARP2l-12
American Rescue Plan -Community Outreach, Literacy and Education Page 4
AAO
Project Component: Personnel/Salaries Personnel/Salaries
$72%304.00
including but not limited to staff, tutors, salary, benefits, and
related personnel travel expenses.
US Treasury Expenditure Category*: EC2.24
Collier County Recovery Plan Project Number: CC4.1
Total Federal Funds:
$2,02%304.00
* Expenditure Categories are subject to change based on future guidance from the U.S. Treasury
Department. If that occurs, additional reporting requirements may be necessary.
The SUBRECIPIENT will accomplish the following checked project tasks:
® Maintain documentation of services to persons/business in Qualified Census Tract
® Maintain documentation of Evidenced -Based Programming including performance
outcomes and output
❑ Maintain COVID documentation
® Maintain and provide to the COUNTY, as requested, beneficiary and/or income
certification documentation
® Maintain Eligibility Documentation, retained at SUBRECIPIENT location
® Provide Quarterly project progress reports
® Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑ Identify Lead Project Manager
❑ 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 MOU
Within sixty (60) days of MOU
Section 1.1
execution
Insurance
Insurance Certificate (Exhibit A)
Within thirty (30) days of MOU
execution and annually within
thirty 30 da s of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of MOU
execution
Project Plans and Specifications
N/A
N/A
Subcontractor Log
N/A
N/A
Davis -Bacon Act Certified
N/A
N/A
Payroll
Quarterly Progress Report
Exhibit C
Quarterly, due 10'" of month
following end of quarter.
Annual Audit Monitoring
Exhibit D
Within sixty (60) days of Fiscal
Re ort
Year FY end
Financial and Compliance Audit
Audit, Management Letter
Annually: nine (9) months after
FY end for Single Audit OR one
COLLIER COUNTY LIBRARY DIVISION
ARP21-@
American Rescue Plan -Community Outreach, Literacy and Education Page S
1 '';1
hundred eighty (180) days after
FY end
Program Income Reuse Plan
N/A
I N/A
C. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1:
Submission of supporting documents
Submission of
Equipment, Materials, Supplies,
must be provided, as evidenced by
monthly invoices.
and Ancillary Supply Expenses
quotes/procurement documentation dated
including but not limited to cell
prior to purchase, invoices dated with
phones, computers, printers and
invoice number, receipts, proof of
technical support; teaching and
payment, credit card statements, check
learning materials; workstation
stubs, cancelled checks, bank statements,
furnishings; promotional
and any other documents as requested,
materials; snacks; and recognition
along with Exhibit B,
items.
US Treasury Expenditure
Category: EC2.24
Collier County Recovery Plan
Project Number: CC4.1
Project Component 2:
Employees (internal): Submission of
Submission of
Personnel/Salaries including but
times heets, SAP payroll reports, and job
monthly invoices,
not limited to staff, tutors, salary,
descriptions for employees' first payroll
benefits, and related personnel
only, along with Exhibit B.
travel expenses.
US Treasury Expenditure
Employees (external): Submission of
Category: EC2.24
Keystaff invoices; back up
Collier County Recovery Plan
documentation to include signed and
Project Number: CC4.1
dated timesheets, job description (first
invoice submission or when new position
created), payroll reports (equivalent to
check register/payroll data report)
showing employee name, pay rate, hours,
amounts and time; spreadsheet attached,
along with Exhibit B.
Travel: Documentation for auto usage
including (employee name, mileage
record, dates, destination & purpose, map
detail); employee reimbursement
documents (cancelled check, bank
statement); employee timesheet to
confirm mileage record matches
timesheet, along with Exhibit B.
COLLIER COUNTY LIBRARY DIVISION
ARP2I-t2 e 6
American Rescue Plan -Community Outreach, Literacy and Education Page
l
I.3 PERIOD OF PERFORMANCE
The SUBRECIPIENT services shall start on October I, 2021, retroactively in accordance with ARP
and Coronavirus Local Fiscal Recovery Appropriation language, and shall end on December 31,
2024 unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies,
and Termination. In accordance with 2 CPR 200 Subpart E — Cost Principles and Section
215.97(I)(d) Florida Statutes, the SUBRECIPIENT, may expend funds authorized by this MOU,
only for allowable costs resulting from obligations incurred during the specific agreement period.
If the SUBRECIPIENT complies with all requirements set forth herein, this MOU shall terminate
December 31, 2024, whereupon all obligations of the SUBRECIPIENT for repayment of funds
shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive
its rights to recover any damages arising from or relating the SUBRECIPIENT's breach of any of
the Grant Documents, including but not limited to this MOU and/or any attachments hereto which
occurred in whole or in part before said termination.
1.4 MOU AMOUNT
The COUNTY agrees to make available TWO MILLION, TWENTY-NINE THOUSAND,
THREE HUNDRED FOUR DOLLARS and .00 CENTS ($2,029,304.00) for use by the
SUBRECIPIENT during the term of the MOU (hereinafter, shall be referred to as the "Funds").
SUBRECIPIENT may use Funds only for expenses eligible under Section 603(c) of the Social
Security Act, specifically the Coronavirus Local Fiscal Recovery Fund, and further outlined under
US Treasury Guidance.
The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to
cover expenses that:
A. Were incurred during the period that begins on October 1, 2021 and ends on December 31,
2024. Funds must qualify as a necessary expenditure incurred due to the public health
emergency and meet the other criteria of Section 603(c) of the Social Security Act.
B. Examples of eligible expenses include, but are not limited to:
i. Responding to or mitigating the public health emergency with respect to the
COVID-19 emergency or its negative economic impacts; and
ii. Providing government services to the extent of the reduction in revenue; and
iii. Making necessary investments in water, sewer, or broadband infrastructure; and
iv. Responding to workers performing essential work during the COVID-19 public
health emergency by providing premium pay to eligible COUNTY workers that
are performing such essential work, or by providing grants to eligible employers
that have eligible workers who perform essential work.
Modification to the "Budget and Scope" may only be made if approved in advance by COUNTY.
Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount
and does not signify a change in scope. Fund shifts that exceed 10 percent of the MOU amount
shall only be made with County Manager approval.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this MOU upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ARP funds until funds are needed for eligible
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 7
rot
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 October I, 2021 through December 31, 2024. Invoices for work performed are required every
month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet
prepared to send the required backup, a $0 invoice is required. Explanations may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but not more frequently than once per month. Reimbursement
will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
MOU.
Final invoices are due no later than ninety (90) days after the end of the MOU. Work performed
during the term of the program but not invoiced within ninety (90) days after the end of the MOU
may not be processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this MOU for a period of up to 180 days
after the end of the MOU. Extensions must be authorized, in writing, by formal letter to the
SUBRECIPIENT•
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Reimbursements will only be made for
expenditures that the COUNTY provisionally determines are eligible under the ARP. However, the
COUNTY's provisional determination that an expenditure is eligible does not relieve the
SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined
by the COUNTY or Federal government to be ineligible. Except where disputed for
noncompliance, payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
anowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this MOU, 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. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project(s) referenced above, as defined in 2 CFR 200,413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT
contractors and vendors are conditioned upon compliance with the procurement requirements
provided for in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT and
Contractors shall comply with 2 CFR Subpart E-Cost Principles.
1.6 NOTICES
Notices required by this MOU 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,
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 8
1�� j
All notices and other written communications under this MOU shall be addressed to the individuals
in the capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carrie Kurmz, Grant Coordinator
Collier County Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Carrie.Kurutz@colliercountyfl.gov
Telephone: (239) 252-2644
SUBRECIPIENT ATTENTION: Catherine Cowser, Interim Division Director
Collier County Library Headquarters
2385 Orange Blossom Drive
Naples, Florida 34109
Email: Catherine.Cowser@colliercountyfl,gov
Telephone:(239)-252-7378
Remainder of Page Intentionally Left Blank
COLLIER COUNTY LIBRARY DIVISION
ARP2t-12
American Rescue Plan -Community Outreach, Literacy and Education Page 9 i ;,'
PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
U any time during normal business hours and as often as the COUNTY (and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available for review, inspection, or audit,
all records, documentation, and any other data relating to all matters covered by the MOU.
SUBRECIPIENT must clear any deficiencies noted in audit reports must within 30 days after
receipt of the report. Failure of the SUBRECIPIENT to comply with the above audit requirements
will constitute a violation of this MOU and may result in the withholding of future payments. The
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning SUBRECIPIENT audits.
The determination of Federal award amounts expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements,
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 2 CFR 200.334, Section
602(c) of the Social Security Act, and Section 119.021, Florida Statutes, to determine compliance
with the requirements of this MOU, the ARP Program, and all other applicable laws and
regulations. This documentation shall include, but is not limited to, the following:
A. All records required by ARP regulations.
B. SUBRECIPIENT agrees to execute such further documents as may be required by law or
prepared by the COUNTY to confirm SUBRECIPIENT's MOU.
C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
D. All reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this
MOU shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon
request by the COUNTY or CHS. Materials identified in the previous sentence shall be in
accordance with generally accepted accounting principles (GAAP), procedures, and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this MOU, 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 MOU.
E. Upon completion of all work contemplated under this MOU, copies of all documents and
records relating to this MOU 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 submission
of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, and all
COLLIER COUNTY LIBRARY DIVISION
ARP2i-12
American Rescue Plan -Community Outreach, Literacy and Education Page 10 00
funds have been expended, unless any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases
to exist after the closeout of this MOU, the COUNTY shall be informed, in writing, of the
address where the records are to be kept, as outlined in 2 CFR 200.337. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the MOU and destroy any duplicate exempt and/or confidential public
records that and released from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
COUNTY's information technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 1191 FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS MOU, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239452-6832,
Michael.Cox(a)colliercountyfl.aov, 3299 Tamiami Trail E, Naples
FL 34112.
SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt and/or confidential public records that are
released from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.337 and 2 CFR 200.338.
G. Notwithstanding any provision in the Grant Documents to the contrary, the
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 the SUBRECIPIENT to pay and perform, in full, the obligations set forth
hereunder, but any action taken or not taken by the SUBRECIPIENT as a direct result of
such lack or delay of notice, or of the SUBRECIPIENT's good faith reliance upon a
material inaccuracy therein or the material incompleteness thereof, as the case may be,
shall not in and of itself, and to the extent thereof, constitute an Event of Default hereunder,
so long as the SUBRECIPIENT does not otherwise have or receive notice or knowledge
of the material contents or substance of such notice, or of the intended substance of any
inaccurate or incomplete notice, as the case may be, and the SUBRECIPIENT acts, at all
times, in good faith.
2.3 MONITORING
During the term of this MOU, SUBRECIPIENT shall submit to the COUNTY an Annual Audit
Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end. In
addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management
Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for
COLLIER COUNTY LIBRARY DIVISION
ARP2I-l2
American Rescue Plan -Community Outreach, Literacy and Education Page I 1
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review,
SUBRECIPIENT agrees that CHS may catty out no less than one (I) 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 MOU
is dependent upon satisfactory evaluations. The 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. The 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 the SUBRECIPIENT in an attempt to mitigate
fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated with
all other applicable laws, regulations, and policies governing the funds provided under this MOU
further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute
noncompliance with this MOU. If corrective action is not taken by the SUBRECIPIENT within a
reasonable period after being notified by CHS, MOU suspension or termination procedures will be
initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General, the
Government Accountability Office, the Florida Auditor General, the COUNTY, the COUNTY's
internal auditor(s), or their representatives access to all records related to performance of activities
in this MOU.
2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent,
detect, and correct incidents of fraud, waste, and abuse in the performance of this MOU, and to
provide for the proper and effective management of all Program and Fiscal activities of the MOU.
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 MOU.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
fraud, waste, and abuse.
SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False
Claims and Statements, applies to the actions, pertaining to this contract, of the SUBRECIPIENTS
and its contractors.
SUBRECIPIENT understands that making false statements or claims in connection with this award
is in violation of Federal law and may result in criminal, civil, or administrative sanctions including
fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards
or contracts, and/or any other remedy available by law.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this MOU, or of any law or regulation to COUNTY or to any appropriate
law enforcement authority, if the report is made in good faith.
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 12
In accordance with 41 USC Section 4712, SUBRECIPIENT may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons
or entities provided below, information that the employee reasonably believes is evidence of gross
mismanagetnent of a federal contract or grant, a gross waste of federal funds, an abuse of authority
relating to a federal contract or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a federal contract (including the competition for
or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes: a member of Congress
or a representative of a committee of Congress; an Inspector General; the Governmental
Accountability Office; a Treasury employee responsible for contract or grant oversight or
management; an authorized official of the Department of Justice or other law enforcement agency;
a court or grant jury; or a management official or other employee of COUNTY, SUBRECIPIENT,
contractor, or subcontractor who has the responsibility to investigate, discover, or address
misconduct.
SUBRECIPIENT shall inform its employees in writing of the tights and remedies provided under
this section, in the predominant native language of the workforce.
2.5 DUPLICATION OF BENEFITS
In consideration of SUBRECIPIENT's receipt of funds from the COUNTY, the 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 any other Federal or State program to the extent
that proceeds paid to SUBRECIPIENT under this MOU, and determined in the sole discretion of
the COUNTY to be a Duplication of Benefits (DOB). This shall be defined as financial assistance
available to the SUBRECIPIENT that can be used to pay the costs described under Budgeted Costs
for the scope of work described in this MOU 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 CORRECTNE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this MOU. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
In older to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for noncompliance is as follows:
COLLIER COUNTY LBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 13
1` �
Initial noncompliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan to be submitted to
the COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a
timely manner, CHS may require a portion of the awarded grant amount be
returned to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY, at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228.
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, be
returned to the COUNTY.
3.1 CHS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the
discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No.
2013-228,
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the MOU or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
contract or MOU. The 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.
The SUBRECIPIENT will be considered in violation of Resolution No,
2013-228.
If the SUBRECIPIENT has multiple agreements with the COUNTY, and is found
to be noncompliant, the above sanctions may be imposed across all awards at tl�e
Board's discretion.
2.7 REPORTS
COLLIER COUNTY LIBRARY DIVISION
ARP2412
American Rescue Plan -Community outreach, Literacy and Education Page 14
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this MOU, and on the resolution of monitoring findings identified pursuant to this
MOU, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April, July, and October. As part of the report submitted at
the end of the project, the SUBRECIPIENT agrees to include a comprehensive final report covering
the agreed -upon Program objectives, activities, expenditures and expenditure categories, evidence -
basis, impact evaluation metrics, and Key Performance Incidators (KPI) defined by
SUBRECIPIENT and the Evidence Based and Impact Evaluation Team. Exhibit C contains a
reporting form to be used in fulfillment of this requirement. Expenditure Categories are subject to
change based on future guidance from the Treasury. If that occurs, additional reporting
requirements may be necessary. Other reporting requirements may be required by the County
Manager or designee if the Program changes, the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
The Federal Guidance for these activities as of August 31, 2021 exists within the "Compliance and
Reporting Guide: State and Local Fiscal Recovery Funds." The COUNTY has translated these
guidelines into its RecoverPlan, which outlines major Expenditure Categories, Goals, target
populations served, and KPIs.
SUBRECIPIENT must ensure that the project fulfills the requirements of the Recovery Plan, and
may need to work with the Evidence -Base and Impact Evaluation Team to fully define evidence
base, KPIs, and an Impact Evaluation framework. SUBRECIPIENT should consult with the
COUNTY's Grant Coordinator to determine the required inputs along these lines.
SUBRECIPIENT must work with the COUNTY Evaluation and Data Analysis Team to determine
sufficient evidence -base citations for project activities, and to set impact evaluation and key
performance indicators.
Remainder of Page Intentionally Left Blank
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan -Community Outreach, Literacy and Education Page 15
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No pail of this MOU may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
Any assignee shall be bound by all the terms of this assigned documents.
3.2 GENERAL COMPLIANCE
The 3UBRECIPIEN I agrees to comply with the requirements of the ARP, Section 603 (c) of the
Social Security Act. The SUBRECIPIENT also agrees to comply with all other applicable laws,
regulations, and policies governing the funds provided under this MOU, including the requirement
to follow the federal procurement process. The SUBRECIPIENT further agrees to utilize funds
available under this MOU to supplement rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this MOU is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an "independent contractor" with respect to the services to be performed under
this MOU. The COUNTY shall be exempt from payment of all Unemployment Compensation,
PICA, 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 MOU, at any time, provided that such
amendments make specific reference to this MOU, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the COUNTY'S governing body.
Such amendments shall not invalidate this MOU, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this MOU.
The COUNTY may, in its discretion, amend this MOU to conform with Federal, State, or Local
governmental guidelines, policies, and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to
be undertaken as part of this MOU, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
No modification or waiver of any provision of the Grant Documents, nor consent to any departure
by the SUBRECIPIENT therefrom shall in any event be effective unless the same shalt be in
writing, and such waiver or consent shall be effective only in the specific instance and for the
purpose for which given. No failure or delay on the part of the COUNTY in exercising any right,
power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor
shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise
of any other right, power, or privilege.
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 16
IN
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from Department of Treasury ARP grant funds,
as provided by the Department of Treasury, 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 ARP funds pertaining to this MOU. 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 the
SUBRECIPIENT all or any portion of the funds will not be available. In either event, the COUNTY
may terminate this MOU, which termination shall be effective as of the date that it is determined
by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no
longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look
to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or
County Administration, personally liable for the performance of this MOU, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this MOU.
The SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due
to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned,
granted, or assigned to any party and shall in no event be used for any purpose prohibited by the
Grant Documents or Regulations.
3,6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and bold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this MOU. This indemnification obligation shall not be construed to negate,
abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue
thereon. This Indemnification shalt survive the termination and/or expiration of this MOU. 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 MOU.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports, and similar
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
COLLIER COUNTY LIBRARY DIVISION
AILP2l-12
American Rescue Plan -Community Outreach, Literacy and Education Page 17
"FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY, UNDER FEDERAL
AWARD NUMBER 596000558, AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the a This design
concept is intended to disseminate key information regarding the development team, to the general
public.
3.8 DEBARMENT AND SUSPENSION
The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction, as outlined in OMB
Guidelines to Agencies on governmentwide Debarment and Suspension (non -procurement), 2 CFR
Part 180, including the requirement to include a term or condition in all lower tier covered
transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is
subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part 19.
3.9 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200340, this MOU may be terminated for convenience by either the
COUNTY or the 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, if in the case of a partial termination, the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety. This MOU 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 MOU,
in compliance with 2 CFR 200, Appendix II (A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and 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
MOU.
C. Ineffective or improper use of funds provided under this MOU.
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 MOU.
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 18
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and SUBRECIPIENT relating to the project.
H. The SUBRECIPIENT assigns this MOU 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 MOU or the Grant shall
prove to be false in any material respect.
J. If material adverse changes occur in the financial condition of the SUBRECIPIENT at any
time during the MOU, and the SUBRECIPIENT fails to cure this adverse condition within
thirty (30) days from the date written notice is sent by the COUNTY.
In the event of any default by SUBRECIPIENT under this MOU, 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 MOU, in whole or in part.
B. Require immediate repayment to the COUNTY of all Grant funds that SUBRECIPIENT
has received under this MOU, as set forth in Section 1.4.
C. Apply sanctions, if determined by the COUNTY to be applicable.
D. Stop all payments, until identified deficiencies are corrected.
E. Terminate this MOU by giving written notice to SUBRECIPIENT of such termination and
specifying the effective date of such termination. If the MOU 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 MOU.
3.10 REVERSION OF ASSETS
In the event of a termination of this MOU and in addition to any and all other remedies available
to the COUNTY (whether under this MOU, or at law, or in equity), the SUBRECIPIENT shall
immediately transfer to the COUNTY any property on hand at the time of termination and any
accounts receivable attributable to the use of 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 MOU 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 MOU.
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan -Community Outreach, Literacy and Education Page 19
C�
3.12 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Part I), the Uniform Administrative Requirements, and Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal
200.327) and/or Collier County's Procurement
below. The current purchasing thresholds are:
Procurement standards
(2
CFR 200,318
through
Ordinance #2017-08,
as
amended, as
outlined
Range: v
Method/Com etition Re uired
$0 - $10,000
Micro -Purchase
$10 001 - $250,000
Small Purchase
$250,001+
Sealed Biddin
Collier Coun Procurement Standards•
Range:
Com etition Re uired
$0 - $50,000
3 Written Quotes
$50 001+I
Formal Solicitation (ITB, RFP etc.
The SUBRECIPIENT shall enter contracts for purchases with the lowest, responsible, and qualified
bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS,
which shall have access to all records and documents related to the project.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase, acquisition, or use of goods, products, or materials produced
in the United States.
In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323.
All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or
put out to competitive bidding, under a procedure acceptable to COUNTY and Federal
requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and
qualified bidder. Contract administration shall be conducted by the SUBRECIPIENT and
monitored by CHS, which shall have access to all records and documents related to the Project.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived fiom the use of
Treasury funds disbursed under this MOU, such Program Income shall be utilized by the
SUBRECIPIENT for ARP -eligible activities, approved by COUNTY. Any "Program Income" (as
such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT
activity funded by ARP funds shall be reported to the COUNTY through an annual program income
re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR
200.307, When program income is generated by an activity that is only partially assisted with
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 20
ARP funds, the income shall be prorated to reflect the percentage of ARP funds used. In the
event there is a program income balance at the end of the Program Year, such balance shall revert
to the COUNTY's ARP program, for further reallocation.
Purchase of Equipment: Equipment under the SUBRECIPIENT's control that was acquired or
improved, in whole or in pail, with ARP funds shall be used to navigate the impact of the COVID-
19 outbreak, during the term of this MOU. If the purchase of the asset was consistent with the
limitations on the eligible use of funds provided by section 603 (c) of the Social Security Act, the
SUBRECIPIENT may retain the asset. If such assets are disposed of prior to December 31, 2024,
the proceeds would be subject to the restrictions on the eligible use of payments from the Fund
provided by section 603 (c) of the Social Security Act.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY after the closeout
monitoring has occurred. Activities during this closeout period shall include, but are not limited to
making final payments, disposing of program assets (including the return of all program income
balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal records retention law 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
MOU must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must
take place in accordance with 2 CFR 200.344,
316 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity carried out by the performance of this MOU 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 MOU.
To the greatest extent feasible, lower -income residents of the project areas shall be given
opportunities for training and employment and eligible business concerns located in or owned in
substantial part by persons residing in the project areas shall be awarded contracts in connection
with the project.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
MOU. As used in this MOU, the term "small business" means a business that meets the criteria set
forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and
women's business enterprise" means a business at least 51 percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority group members"
are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
COLLIER COUNTY LIBRARY DIVISION
ARP21-12 ...
American Rescue Plan -Community Outreach, Literacy and Education Page 21 i
Americans, and American Indians. The SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
3.10 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966, as amended. The SUBRECIPIENT shall submit a
pIan for an Affirmative Action Program for approval prior to the award of funds. An Affirmative
Action Program updated during the term of the MOU must be submitted to the COUNTY within
30 days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this MOU, and that no person having any conflict of interest
shall be employed or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all Conflict of Interest provisions of CFR 200.318(c), and the State and County
statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
awned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit the SUBRECIPIENT's ability to self -manage the projects using its own
employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.20 BYRD ANTI -LOBBYING AMENDMENT
Each tier certifies that the tier above it will not and has not used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of federal funds,
as covered by 31 USC 1352, as more fully described in Section 4.32 of this MOU. Contractors who
apply or bid for an award of $100,000 or more shall file the required certification.
3.21 RELIGIOUS ORGANIZATIONS
ARP 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 l2,
2002, as amended. The SUBRECIPIENT shall comply with First Amendment Church/state
principles as follows:
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 22
A. It will not discriminate against any employee or applicant for employment based on
religion and will not limit or give preference in employment to persons on the basis of
religion.
B. It will not discriminate against any person applying for public services based on religion
and will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct ARP 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, ARP 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 ARP funds in this part. Sanctuaries, chapels, or other rooms that an ARP
funded religious congregation uses as its principal place of worship, however, are ineligible
for ARP funded improvements.
3.22 INCIDENT REPORTING
If services to clients are to be provided under this MOU, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child, aged person, or disabled person.
3.23 SEVERABILITY
Should any provision of the MOU be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
3.24 MISCELLANEOUS
The SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal
representatives, and assigns of such other party in respect to all covenants of this MOU.
The SUBRECIPIENT represents and warrants that the financial data, reports, and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly represent the financial position of the SUBRECIPIENT.
The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this MOU
and that its governing body has authorized the execution and acceptance of this MOU. The
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind the SUBRECIPIENT to the terms of this MOU.
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.
Al! activities authorized by this MOU shall be subject to and performed in accordance with the
provisions of the terms and conditions of the MOU between the COUNTY, the Regulations, all
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan -Community Outreach, Literacy and Education Page 23
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 MOU, ancillary to this MOU, and related documents entered into in
connection with this MOU 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
COLL[ERCOUNTYLIBRARYDIVISION
ARP21-I2
American Rescue Plan -Community Outreach, Literacy and Education Page 24
PART IV
GENERAL PROVISIONS
4.1 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
littps•//www ecfi' [.ov/cL,i-bin/text-idx?tpl=/ecfrbrowse/TitleO2/2cfr200 stain 02 tnl
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 pail of any system.
4.3 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fait• Housing
Act. liups://www.hud.lzov/sites/documents/DOC 7771.PDF
https://www.iusticc.gov/crt/fair-hgusinv-act-I
Executive Order 11063 —Equal Opportunity in Housing https://www.arellives.gov/federal-
reginter/codification/executive-order/ 11063.html
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
ems•//www archives gov/federal-register/codification/executive-order/I2259.htmI
4.4 hops•//www dot gov/aaencies/whd/laws-and-re@ulations/laws/dbr•a Public Law 100-430 -the Fair
Housing Amendments Act of 1988. httl2s://www.nobi.nlm.nih.gov/pubmed/12289709
4.5 Title VI of the Civil Rights Act of 1964 (42 USC § 2AAA (d)and Treasury's implementing
regulation at 31 CFR Part 22), as amended, Title VIII of the Civil Rights Act of 1968, as amended
https://www.hud.izov/programdescription/title6
4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
hops•//www dot gov/agencies/ofecp/executive-order-11246/as-amended
EO 11375 and 12086: see itern #8 below
4.7 Title VI[ 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/titte6
4.8 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et. seq.) and Treasury implementing
regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Order l 1246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan -Community Outreach, Literacy and Education Page 25
Age Discrimination Act of 1975
Irttps://www.law.comell.edu/uscode/text/42/chapter-76
11246: https•//www dot og v/ofccp/regs/statutes/eol 1246 htm
11375: Amended by EO 11478
11478: https•//www archives gov/federal-register/codification/executive-order/i 1478.htm1
12107: https•//www archives gov/federal-register/codification/executive-order/12107.html
12086: https•//www archives gov/federal-register/codification/executive-order/12086.htmi
4.9 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5)
Section 504: https•//www epa. og v/ocr
29 USC 776: https:Hlaw.onecte.com/uscode/29/776.htmi
4.10 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et
seq. hap•//Iibrlty clerk house gov/referenecmtiles/PPL 101 336 Alnet•IC'InsWItll Dlsabllilles.pol'
https://www.law.comell.edu/uscode/text/42/12101
4.11 Immigration Reform and Control Act of 1986
https://www.ecoc,.gov/eeoc/histoU/35th/thelaw/irca.html
4.12 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 hnvservcllcons/law/state/iloridn/stattites/florida statutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.13 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the MOU shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the MOU.
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 MOU, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at Owner's
discretion.
4.14 Venue -Any suit of action brought by either party to this MOU against the other party, relating to
or arising out of this MOU, must be brought in the appropriate federal or state courts, in Collier
Comity, FL which courts have sole jurisdiction on all such matters. (No reference required for this
item).
4.15 Dispute Resolution -Prior to the initiation of any action or proceeding permitted by this MOU 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
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 26
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 MOU, 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 MOU 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 MOU, 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 MOU.
https•//www flsenate.pov/Laws/Statutes/2012/44.102
4.16 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to
report each violation for the following:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/i3kgJUSCODE-
2010-title42/hti-nl/U SCODE-2010-title42-chap85.htm
https://www.law.comell.edu/uscode/text/42/chapterm85
b. Federal Water Pollution Control Act, 33 USC 12513 et seq., as amended.
littps://www.goviiifo.jlov/coiitelit Per;/USCODF-201 I-title33/pdt%USCODE-2011-title33-
chap26.pdf
https://www.law.cornelf.edu/uscode/text/33/chapter-26
4.17 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701) and Treasury implementing regulations at 31
CFR Part 20.
litti)s://%YNYNY.Ppo.gov/fdsys/grcritittle/USCODEw2OO9-titic4 I /USCODF-2009-title4 I weliap 10
sec7ol
4.18 29 CFR Parts 3 and 5 -Regulations that prescribe tha 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:
hUps:Huscode house gov/view xhtml?req�granulcid•USC-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 irr part, by Loans or Grants from the United States
https•//www law comell edu/cfr/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.cornell.edii/cfr/text/29,/part-5
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 27 r
(C
4.19 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 U.S.C. 874 littL)s://www.govitifo.gov/cojiteiit/pkgJUSCODE-201 Omtitle I 8/pdf/USCODE-20 10-
titlel8.pdf
40 U.S.C. 276c https•//ttscode house gov/view xiltml?req=t;raiitileid:USC-1999-title40-
section276c&num=0&edition=l999
4.20 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 J/wwty ccfr n/cgi-bin/text•idev&nodc_pt24.4.511sc24.1.5 1500
4.21 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR
200,213, These regulations restrict awards, subawards and contracts with certain parties that are
debarred, suspended, or otherwise excluded from or ineligible to [participate in Federal assistance
programs and activities.
Pursuant to 2 CFR Part 25, Appendix A, Universal Identifier and System for Award Management
(SAM), a contract award must not be made to parties listed in the SAM Exclusions. SAM
Exclusions is the list maintained by the General Services Administration that contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549, SAM
Exclusions can be accessed at www,sam.eov.
2 CFR 200.213 Suspension and debarment
https://www,ecfr.gov/cizi-
b inh•etrieveECFR?gp=& S I D=c3a97c97ac42 Mc05af52a7ca213t1005 &ulc=true&n=pt2.1.200&r=P
ART&ty=HTML#set 1.200 1213
httos•//www archives eovlfederal-register/codification/executive-order{12549.html
4.22 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.
4.23 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
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 28
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 MOU 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,jzov/cgi"bin/text-
dx?SID=5a7gaddefff9a535e83fed3OlO3O8aef&ine=tt%Lie&tiode=se21 200 1344&rgn=div8
4.24 As provided in § 281.M, Florida Statutes, by entering into this MOU 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.
littp:Hwww lea state fl tis/Shdute.4/index efnt?App mode=Dis play Statute&Search String—&Ult
L=0200-0299/0287/Sections/0287.133.html
4.25 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated
funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
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.
4.26 Any rule or regulation determined to be applicable by the Treasury.
4.27 Florida Statutes 119.021 Records Retention
http/hvt�w IcE sPrte fl us/Statutes/indee efin`lApp mode=Disnlav Statute&URL=0100-
0199/0119/Sections/0119.021.html
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan -Community Outreach, Literacy and Education Page 29 �
4.28 Florida Statutes 119,061 Travel, using approved state travel voucher
littp://www.leg.state.fi.tis/st,ftttites/iiidex.cfiii?At)i) mode=Display Statute&URL=0100-
0199/0112/S ect ion s/0112.061. htm 1
4.29 Florida Statutes, 119.071, Contracts and Public Records
littlr/hvww leg state fl us/Statutes/index cfm?Apar mode=Dist lay Stattde&URL =0100-
0199/0l 19/Sect ions/0119.071.htm i
4.30 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this MOU for persons with
limited English proficiency pursuant to information located at http•//www.lea.eov1
4.31 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[UseofConvietion Advisory.pdf for more details.
4.32 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U,S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its
officers, employees and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative
body. None of the funds provided under this MOU 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.cometi.edu/uscode/text/31/135
4.33 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.
4.34 Political Activities Prohibited: None of the funds provided directly or indirectly under this MOU
shall be used for any political activities or to further the election or defeat of any candidates for
public office. Neither this MOU nor any funds provided hereunder shall be utilized in support of
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan -Community Outreach, Literacy and Education Page 30 /; {",
any partisan political activities or activities for or against the election of a candidate for an elected
office,
4.35 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,
4.36 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:
httns•//oji)gov/timdink)lExplore/Proliibite(ICondtic(-TratTicking.Iitm.
4.37 Seat Belt Use: The SUBRECIPIENT
agrees to encourage its contractors to adopt and
enforce on-
the-job
seat belt policies and programs for their employees when operating company -owned,
rented,
or personally owned vehicles,
per Executive Order 13043, 62 FR 19217 (April
18, 1997).
4.38 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.
4.39 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/reh•ieveECFR7gp=&SID=a004b6bf20934ace7a717de761 dc64c0&ntc=true&n=pt37 l .401 &r
=PART&tv=HTML
4.40 Whistleblower Protections:
a. In accordance with 41 U.S.C. § 4712, the COUNTY may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or
entities provided below, information that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse
of authority relating to a federal contract or grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant.
COLLIER COUNTY LIBRARY DIVISION
ARP2l-12
American Rescue Plan -Community Outreach, Literacy and Education Page 31
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; or
vii. A management official or other employee of Recipient, contractor, or subcontractor
who has the responsibility to investigate, discover, or address misconduct.
c. The COUNTY shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
(Signature Page to Follow)
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 32 j
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.
COLLIER COLVjjN COM�IMUNITY AND
HUMAN SEWCES DIVISION
Date: ! 11F ,Irarl
Date: 0 1t•2oz2
COLLIER COUNTY LIBRARY DIVISION
CATHERINE COWSER, INTERIM
DIVISION DIRECTOR
Date: j/ 1-J1
Approved as to form and legality:
Dere c D. Perry
Assistant County Attorney
This sub -award agreement executod by the
County Manager or designee purusant to
Agenda Dated 6/22/21, Item No, I I.H.
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Ptan-Community Outreach, Literacy and Education
Page 33 r �A
Approved as to form and legality:
Dere c D. Perry
Assistant County Attorney
This sub -award agreement executod by the
County Manager or designee purusant to
Agenda Dated 6/22/21, Item No, I I.H.
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Ptan-Community Outreach, Literacy and Education
Page 33 r �A
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insrrance, 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 MOU, 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 I — 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/$1,00%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 buildings) 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
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 34
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 MOU:
WorkersCompensation as required by Chapter 440, Florida Statutes.
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.
Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this MOU in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
0. 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.
l 1. 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.
COLLIER COUNTY LIBRARY DiVIS10N
ARP21-12 Page 35
American Rescue Plan -Community Outreach, Literacy and Education B [,
EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier County Library Division
SUBRECIPIENT Address: 2385 Orange Blossom Drive Naples, Florida 34109
Project Name: American Rescue Plan -Education Assistance - Community Outreach, Literacy and
Education Program
Project No: CC4.1_ Payment Request #
Total Payment Minus Retainage
Period of Availability: October 1, 2021_ through December 31, 2024
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient
CHS Approved
I. 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
Authorizing Grant Coordinator
I
Authorizing Grant Accountant
Supervisor (Approval required $I5,000 and above) Division Director (Approval Required $15,000
and above)
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 36
(Ci I
EXHIBIT C
AMERICAN RESCUE PLAN (ARP)
QUARTERLY PROGRESS REPORT
Report Period:
Fiscal Year:
Agreement Number:
ARP21-12
Subrecipient Name:
Collier County Library Division
Program:
American Rescue Plan- Community Outreach, Literacy and
Education Program
Contact Name:
Contact Telephone Number:
Ac[ivi
Re ortin Period
Re�ortDueDate
October
1" — December 31"
January 10"
Janua
1"-March31"
Aril10"
A ril IB1—June3V
Jul 10'
July 111—
Se tember 30m
October 10111
Characteristics Report
.mot......,.........,..
my
Number of Participants by Ethnicity
Current Quarter
To Date
Race
Non- Hispanic
Non- Hispanic
His anic
Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
.:.-,.,, n,, a m....r rnr•rI.
2, rro ect t✓x enanuresi vrmuu ,,,,...m.. �%v.
Category
,.., ....-. --. .
Funds Expended Current
at 01
Funds Expended
To Date
Public Health
In CT
Other
l» CT
Other
N/A
N/A
2Impacts
N/A
Negative Economic
N/A
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 37
I� f ?)
Services to hnpacted Households and
Communities
EC2.24 Addressing Educational
Disparities: Aid to High-PovertyHigh-Povcrty Districts
EC2.24 Addressing Educational
Disparities: Aid to High -Poverty Districts
Total Expenditures
a. �vraence-uaseu rru ccr �x ru.�u
Program Name
Funds Expended
Current Quarter
Funds Expended
To Date
EC2.24
Addressing
Educational Disparities: Aid
to High-
PovertyDistricts
EC2.24
Addressing
Educational Disparities: Aid
to High-
Pove
Districts
EC2.24
Addressing
Educational Disparities: Aid
to High-
Pove
Districts
Total Evidence -Based Expenditures
a, tceV Performance Induawrs:
Project Outcomes
Component 1 and 2:
Equipment, Materials, Supplies, and Ancillary Supply Expenses as well
as Personnel/Salaries and Related Personnel Travel Expenses shall be
used primarily for services to impacted households and communities and
the following outcomes:
• Increased reading comprehension or other educational attainment
that will be measured by pre- and post -assessment of participating
students.
Project Outputs
Component I and 2:
Equipment, Materials, Supplies, and Ancillary Supply Expenses as well
as Personnel/Salaries and Related Personnel Travel Expenses shall be
primarily for services to impacted households and communities and
determine the following outputs included in SUBRECIPIENT data
reports:
• Number of students participating in evidence -based tutoring
programs with demographic information.
• Computer equipment usage statistics with demographic
information.
Evidenced -Based and
Impact Evaluation Team
Meeting Date:
Impact Evaluation Plan
Detail Update:
COLLIER COUNTY LIBRARY DIVISION
A2 Pa a 38
Ammererican Rescue Plan -Community Outreach, Literacy and Education g
S Prnieet Prnore¢c:
Describe your progress and any impediments experienced during the reporting period.
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:
Printed Name;
Title:
Date:
NOTE: This form subject to modification based on Treasury guidance.
Your typed name here represents your electronic sit=_nature.
COLLIER COUNTY LIBRARY DIVISION
ARP21.12 Page 39
American Rescue Plan -Community Outreach, Literacy and Education g d
EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200,331 requires Collier County to monitor subrecipients of federal awards to
determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly,
Collier County requires that all appropriate documentation is provided regarding your organization's
compliance. In determining Federal awards expended in a fiscal year, the entity must consider all
sources of Federal awards based on when the activity related to the Federal award occurs, including
any Federal award provided by Collier County. The determination of Federal award amounts expended
shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit
Requirements, This form may be used to monitor Florida Single Audit Act Statute 215,97 requirements.
Subrecipient Collier County Library Division (ARP2142)
Name
First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance
Total State Financial Assistance Expended during
Expended during most recently completed
most recently completed Fiscal Year
Fiscal Year
$
$
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
[]
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
FJ
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
n�iao
COLLIBR COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 40
Exhibit E
Assurances of Compliance with Civil Rights Requirements
Assurances of Compliance with Title VI of the Civil Rights Act of 1964
As a condition of receipt of Federal financial assistance from the Department of Treasury, the
SUBRECIPIENT of this MOU (hereinafter referred to as SUBRECIPIENT) provides the
assurances stated herein. The Federal financial assistance may include Federal grants, loans, and
contracts to provide assistance to the SUBRECIPIENT'S beneficiaries, the use or rent of Federal
land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
and other arrangements with the intention of providing assistance. Federal financial assistance
does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal Government at market value, or programs that provide direct
benefits.
The assurances apply to all Federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the SUBRECIPIENT may request in the
future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to
all of the operations of the SUBRECIPIENT's program(s) and activity(ies), so long as any portion
of the SUBRECIPIENT's program(s) or activity(ies) is Federally assisted in the manner prescribed
above.
A. SUBRECIPIENT ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation,
denial of the benefits of, or subjection to discrimination under programs and
activities receiving federal financial assistance, of any person in the United States
on the ground of race, color, or national origin (42 USC § 2000d et seq.), as
implemented by the Department of the Treasury Title VI regulations at 31 CFR Part
22 and other pertinent executive orders such as Executive Order 13166, directives,
circulars, policies, memoranda, and/or guidance documents.
B. SUBRECIPIENT acknowledges that Executive Order 13166, "Improving Access
to Services for Persons with Limited English Proficiency," seeks to improve access
to Federally assisted programs and activities for individuals who, because of
national origin, have Limited English Proficiency (LEP). SUBRECIPIENT
understands that denying a person access to its programs, services, and activities
because of LEP is a form of national origin discrimination prohibited under Title
VI of the Civil Rights Act of 1964 and the Department of the Treasury's
implementing regulations. Accordingly, SUBRECIPIENT shall initiate reasonable
steps, or comply with the Department of the Treasury's directives, to ensure that
LEP persons have meaningful access to its programs, services, and activities.
SUBRECIPIENT understands and agrees that meaningful access may entail
providing language assistance services, including oral interpretation and written
translation where necessary, to ensure effective communication in the
SUBRECIPIENT's programs, services, and activities.
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 41 t' ;
Co SUBRECIPIENT agrees to consider the need for language services for LEP persons
when SUBRECIPIENT develops applicable budgets and conducts programs,
services, and activities. As For more information on taking reasonable steps to
provide meaningful access for LEP persons, please visit httn://www.lep.aov.
D. SUBRECIPIENT acknowledges and agrees that compliance with the assurances
constitutes a condition of continued receipt of Federal financial assistance and is
binding upon SUBRECPIENTand its successors, transferees, and assignees for the
period in which such assistance is provided.
E. SUBRECIPIENT acknowledges and agrees that it must require any sub -grantees,
contractors, successors, transferees, and assignees to comply with assistances 14
above, and agrees to incorporate the following language in every contract or
agreement subject to Title VI and its regulations between the SUBRECIPIENT and
the its sub -grantees, contractors, subcontractors, successors, transferees, and
assignees:
The sub -grantee, contractor, subcontractor, transferee, and assignee shall comply
with the Title VI of the Civil Rights Act of 1964, which prohibits recipients of
Federal financial assistance from excluding from a program or activity, denying
benefits of, or otherwise discriminating against a person on the basis ofrace, color,
or national origin (42 USC ,¢ 2000d et seq.), as implemented by the Department of
the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated
by reference and made a part ofthis contract (or agreement). Title VI also includes
protection to persons with "Limited English Proficiency" in any program or
activity receiving Federal financial assistance, 42 USC § 2000d et seq., as
implemented by the Department of Treasury's Title VI regulations, 31 CFR Part
22, and herein incorporated by reference and made a part of this contract or
agreement.
F. SUBRECIPIENT understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department
of the Treasury, this assurance obligates the SUBRECIPIENT, or in the case of a
subsequent transfer, the transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is extended
or for another purpose involving the provision of similar services or benefits. If any
personal property is provided, this assurance obligates the SUBRECIPIENT for the
period during which it retains ownership or possession of the property.
G. SUBRECIPIENT shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations.
Enforcement may include investigation, arbitration, mediation, litigation, and
monitoring of any settlement agreements that may result from these actions, The
SUBRECIPIENT shall comply with information requests, on -site compliance
reviews and reporting requirements.
H. SUBRECIPIENT shall maintain an complaint log and inform the Department of
the Treasury of any complaints of discrimination on the grounds of race, color, or
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 42 ,, .
national origin, and limited English proficiency covered by Title VI of the Civil
Rights Act of 1964 and implementing regulations and provide, upon request, a list
of all such reviews or proceedings based on the complaint, pending or completed,
including outcome. SUBRECIPIENT also must inform the Department of the
Treasury if SUBRECIPIENT has received no complaints under Title VI.
SUBRECIPIENT must provide documentation of an administrative agency's or
court's findings of non-compliance of Title VI and efforts to address non-
compliance, including any voluntary compliance or other agreements between the
SUBRECIPIENT and the administrative agency that made the finding. If the
SUBRECIPIENT settles a case or matter alleging such discrimination, the
SUBRECIPIENT must provide documentation of the settlement. If
SUBRECIPIENT has not been the subject of any court or administration agency
finding of discrimination, please so state.
If the SUBRECIPIENT makes sub -awards to other agencies or other entities, the
SUBRECIPIENT is responsible for ensuring the subrecipients also comply with
Title VI and other applicable authorities covered in this document. State agencies
that make sub -awards must have in place standard grant assurances and review
procedures to demonstrate that they are effectively monitoring the civil rights
compliance of subrecipients.
The United State of America has the right to seek judicial enforcement of the terms of this
assurances document and nothing in this document alters or limits the federal enforcement
measures that the Unites States may take in order to address violations of this document or
applicable Federal law.
COLLIER COUNTY LIBRARY DIVISION
ARP21-12 Page 43
American Rescue Plan -Community Outreach, Literacy and Education B
�:cr;
FAIN #
SLT-1155
Federal
Award Date
March 1 12021
Federal Award Agency
Department of Treasury
ALN Name
Coronavirus Local Fiscal
Recovery Fund
ALN/CSFA#
21.027
Treasury Expenditure
Cate o
EC2.24
Collier County Recovery
Plan Project Number
CC4.1
Total Amount of Federal
Funds Awarded
$2,029,304.00
SUBRECIPIENT Name
Collier County Library
Division
UEI#
JWKJKYRPLLU6
FFIN
596000558
R&D
No
Indirect Cost Rate
No
Period of Performance
October 1, 2021 —December
31,2024
Fiscal Year End
09/30
Monitor
End:
June 30, 2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
COLLIER COUNTY
AND
COLLIER COUNTY LIBRARY DIVISION
American Rescue Plan (ARP) Act
Coronavirus Local Fiscal Recovery Fund
THIS MOU is made and entered into this _day of 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 Collier County Library Division, (SUBRECIPIENT), having its
principal office at 2385 Orange Blossom Drive Naples, Florida 34109.
WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed
into law on March 11, 2021. Included in the legislation was $350 billion to establish the Coronavirus State
and Local Fiscal Recovery Fund (SLFRF); and
WHEREAS, the COUNTY has entered into an agreement with the United States Treasury
Department (Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP),
pursuant to the Coronavirus State and Local Fiscal Recovery Fund (SLFRF), Section 603 (c) of the Social
Security Act; and
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 1
�O
WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities
to assist the community in navigating the impact of the COVID-19 outbreak; and
WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the
SUBRECIPIENT, is qualified to receive Program funding; and
WHEREAS,
the COUNTY
and SUBRECIPIENT
wish
to set
Forth the
responsibilities and
obligations of each in
the undertaking
of the American Rescue
Plan
(ARP)
project.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for
other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a
Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and
agreements herein set forth.
PARTI
SCOPE OF WORK
The SUBRECIPIENT shall, in accordance with the Collier County Recovery Plan, which is the official
COUNTY document guiding the use of funds, intended goals, and measurement of impact, perform the
tasks necessary to conduct the program as follows:
Project Name: American Rescue Plan -Education Assistance -Community Outreach Literacy and
Education
Description of project and outcome: The Community Outreach, Education and Literacy (COLE)
Project will provide educational sessions at the Golden Gate and Immokalee libraries. The Library
will offer a minimum of three sessions per week to support literacy and improved educational
outcomes of local school -age students in grades K-12 or participants engaged in General
Educational Development (GED). A COLE coordinator will serve at each branch, overseeing
community outreach and homework for English as a Second Language (ESOL) and other students.
The COLE Project includes an online tutoring program and use of Wi-Fi and laptops for access to
online tutoring, materials for instructional sessions, teaching personnel and staff. Outcomes include
increased reading comprehension and fluency among participants.
Project Component One: Equipment, Materials, Supplies, and Ancillary Supply Expenses
including but not limited to cell phones, computers, printers and technical support; teaching and
learning materials; work station furnishings; promotional materials; snacks; and recognition items.
Treasury Expenditure Category, EC2.24
Collier County Recovery Plan Project Numer: CC4.1
Evidence Basis: Yes. EC2.24 Addressing Educational Disparities: Aid to High -Poverty Districts:
Cindy Mediavilla of UCLA Dept. of Information Studies provides models for Homework Centers
in her book Creating & Managing the Full -Service Homework Center 2018. Web link;
https://www.tandfonline.com/doi/ftill/ 10. 1080/24750158.2018.1466617.
Project Component Two: PersonneUSalaries including but not limited to staff, tutors, salary,
benefits, and related personnel travel expenses.
Treasury Expenditure Category: EC2.24
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 2
C''t 0
Collier County Recovery Plan Project Number: CC4.I
Evidence Basis: Yes. EC2.24 Addressing Educational Disparities: Aid to High -Poverty Districts:
Refer to Component One.
A. Project Tasks:
a. as l: Designate, establish and promote COLE Project homework assistance centers
and enhance the library collection for COLE Project participants of the Immokalee and
Golden Gate library branches,
b. Task 2: Employ trained preferred bilingual, certified teachers and assistants to support
the COLE Project homework assistance center at Golden Gate and Immokalee
Libraries.
2. ARP Documentation Requirements Compliance Criteria:
A. Activities carried out with SLFRF funds provided under this MOU will contribute to a
program designed to:
a. Denote areas where recipients must report on whether projects are primarily
disproportionately impacted communities.
b. Provide services to address disparities in educational outcomes that pre -date the
pandemic and amplified the impact on underserved students.
c. Provide services to address educational disparities exacerbated by COVID-]9.
d. Determine number of students participating in evidenced -based tutoring programs.
e. Determine number of youths receiving other education (e.g., ESOL, General
Education Development [GEDj) services, with demographic information.
£ Document computer equipment usage statistics with demographic information.
g. Document key performance indicators allocated to evidence -based interventions
to include both output and outcome measures primarily for services to impacted
households and communities.
h. Access and include links to the National Center for Education Statistics (LACES)
School ID or NCES District ID and list the School District if all schools within the
school district received some (SLFRF) funds. If not all schools within the school
district received (SLFRF) funds, list the School ID of the schools that received
(SLFRF) funds. Allow evaluators to link data from the NCES to look at school -
level demographics and eventually, student performance. Ref. NCES identification
numbers, see bttps•//nees ed gov/ecd/districtsearcii/(Districts)
and https•Hiiees edgov/ced/schoolsearch/(schools).
i. Include full evidence base maintained by FGCU Impact Evaluation Team and
developed in collaboration with SUBRECIPIENT.
A. Evidence -Based
Evidence -based interventions is a Treasury policy that pertains to projects within US
Treasury Expenditure Categories 1, 2, and 3. If SUBRECIPIENT's project falls within
this category, SUBRECIPIENT shall identify an evidence base for the overall project,
or if activities are disparate, each activity. An Evidence Base refers to studies of
similar projects that evaluate whether a strong or moderate connection exists between
project activities and desired outcomes. For further information on evidence -base,
please refer to page 33 of the Treasury Compliance and Reporting Guidance:
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 3
1.1 GRANT AND SPECIAL CONDITIONS
Performance under this MOU 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
MOU,
the SUBRECIPIENT must
deliver
to CHS for approval a detailed
project
schedule
for the
completion of the project.
B. The following checked policies must be submitted within sixty (60) days of execution of
this MOU:
Affirmative Fair Housing Policy
Affirmative Action/ Equal Opportunity Policy
Conflict of Interest Policy
Procurement Policy
Davis -Bacon Policy
Uniform Relocation Act Policy
Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Limited English Proficiency Policy (LEP)
Violence Against Women Act (VAWA) Policy
LGBTQ Policy
C. Annual SUBRECIPIENT Training —
All SUBRECIPIENT staff assigned to the administration and implementation of the
Project established by this MOU, 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/ProjectBudget
Descri tion
Federal Amount
Project Component I: Equipment, Materials, Supplies, and
Ancillary Supply Expenses including but not limited to cell
phones, computers, printers and technical support; teaching
$13300,000.00
and learning materials; workstation furnishings; promotional
materials; snacks; and recognition items.
US Treasury Expenditure Category*: EC2.24
Collier County Recovery Plan Project Number: CC4.1
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 4
CAO
Project Component: PersonneUSalaries Personnel/Salaries
$72%304.00
including but not limited to staff, tutors, salary, benefits, and
related personnel travel expenses,
US Treasury Expenditure Cate or *: EC2.24
Collier County Recovery Plan Project Number: CC4.1
Total Federal Funds:
$2,02%304.00
* Expenditure Categories are subject to change based on future guidance from the u.S. Treasury
Department. If that occurs, additional reporting requirements may be necessary.
The SUBRECIPIENT will accomplish the following checked project tasks:
® Maintain documentation of services to persons/business in Qualified Census Tract
® Maintain documentation of Evidenced -Based Programming including performance
outcomes and output
❑ Maintain COVID documentation
® Maintain and provide to the COUNTY, as requested, beneficiary and/or income
certification documentation
® Maintain Eligibility Documentation, retained at SUBRECIPIENT location
® Provide Quarterly project progress reports
® Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑ Identify Lead Project Manager
❑ 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
Documentation
Submission Schedule
Special Grant Condition Policies
Section 1.1
Policies as stated in this MOU
Within sixty (60) days of MOU
execution
Insurance
Insurance Certificate (Exhibit A)
Within thirty (30) days of MOU
execution and annually within
thirty 30 days of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of MOU
execution
Project Plans and Specifications
N/A
N/A
Subcontractor Log
N/A
N/A
Davis -Bacon Act Certified
Payroll
N/A
N/A
Quarterly Progress Report
Exhibit C
Quarterly, due 10i° of month
following end of quarter.
Annual Audit Monitoring
Report
Exhibit D
Within sixty (60) days of Fiscal
Year FY end
Financial and Compliance Audit
Audit, Management Letter
Annually: nine (9) months after
FY end for Single Audit OR one
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 5
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:
Submission of supporting documents
Submission of
Equipment, Materials, Supplies,
must be provided, as evidenced by
monthly invoices.
and Ancillary Supply Expenses
quotes/procurement documentation dated
including but not limited to cell
prior to purchase, invoices dated with
phones, computers, printers and
invoice number, receipts, proof of
technical support; teaching and
payment, credit card statements, check
learning materials; workstation
stubs, cancelled checks, bank statements,
furnishings; promotional
and any other documents as requested,
materials; snacks; and recognition
along with Exhibit B.
items.
US Treasury Expenditure
Category: EC2.24
Collier County Recovery Plan
Project Number: CC4.1
Project Component 2:
Employees (internal): Submission of
Submission of
PersonneUSalaries including but
timesheets, SAP payroll reports, and job
monthly invoices.
not limited to staff, tutors, salary,
descriptions for employees' first payroll
benefits, and related personnel
only, along with Exhibit B.
travel expenses.
US Treasury Expenditure
Employees (external): Submission of
Category: EC2.24
Keystaff invoices; back up
Collier County Recovery Plan
documentation to include signed and
Project Number: CC4.1
dated timesheets, job description (first
invoice submission or when new position
created), payroll reports (equivalent to
check register/payroll data report)
showing employee name, pay rate, hours,
amounts and time; spreadsheet attached,
along with Exhibit B.
Travel: Documentation for auto usage
including (employee name, mileage
record, dates, destination & purpose, map
detail); employee reimbursement
documents (cancelled check, bank
statement); employee timesheet to
confirm mileage record matches
timesheet, along with Exhibit B.
COLLIER COUNTY LIBRARY DIVISION
ARP2l-12
American Rescue Plan -Community Outreach, Literacy and Education Page 6
�i
1.3 PERIOD OF PERFORMANCE
The SUBRECIPIENT services shall start on October 1, 2021, retroactively in accordance with ARP
and Coronavirus Local Fiscal Recovery Appropriation language, and shall end on December 31,
2024 unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies,
and Termination. In accordance with 2 CFR 200 Subpart E — Cost Principles and Section
215.97(I)(d) Florida Statutes, the SUBRECIPIENT, may expend funds authorized by this MOU,
only for allowable costs resulting from obligations incurred during the specific agreement period.
If the SUBRECIPIENT complies with all requirements set forth herein, this MOU shall terminate
December 31, 2024, whereupon all obligations of the SUBRECIPIENT for repayment of funds
shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive
iIs rights to recover any damages arising from or relating the SUBRECIPIENT's breach of any of
the Grant Documents, including but not limited to this MOU and/or any attachments hereto which
occurred in whole or in part before said termination.
1.4 MOU AMOUNT
The COUNTY agrees to make available TWO MILLION, TWENTY-NINE THOUSAND,
THREE HUNDRED FOUR DOLLARS and .00 CENTS ($2,029,304.00) for use by the
SUBRECIPIENT during the term of the MOU (hereinafter, shall be refereed to as the "Funds").
SUBRECIPIENT may use Funds only for expenses eligible under Section 603(c) of the Social
Security Act, specifically the Coronavirus Local Fiscal Recovery Fund, and further outlined under
US Treasury Guidance.
The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to
cover expenses that:
A. Were incurred during the period that begins on October 1, 2021 and ends on December 31,
2024. Funds must qualify as a necessary expenditure incurred due to the public health
emergency and meet the other criteria of Section 603(c) of the Social Security Act.
B. Examples of eligible expenses include, but are not limited to:
i. Responding to or mitigating the public health emergency with respect to the
COVID-19 emergency or its negative economic impacts; and
ii. Providing government services to the extent of the reduction in revenue; and
iii. Making necessary investments in water, sewer, or broadband infrastructure; and
iv. Responding to workers performing essential work during the COVID-19 public
health emergency by providing premium pay to eligible COUNTY workers that
are performing such essential work, or by providing grants to eligible employers
that have eligible workers who perform essential work.
Modification to the "Budget and Scope" may only be made if approved in advance by COUNTY.
Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount
and does not signify a change in scope. Fund shifts that exceed 10 percent of the MOU amount
shall only be made with County Manager approval.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this MOU upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ARP funds until funds are needed for eligible
C
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 7
C,
4.�
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 October 1, 2021 through December 31, 2024. Invoices for work performed are required every
month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet
prepared to send the required backup, a $0 invoice is required. Explanations may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but not more frequently than once per month. Reimbursement
will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
MOU.
Final invoices are due no later than ninety (90) days after the end of the MOU. Work performed
during the term of the program but not invoiced within ninety (90) days after the end of the MOU
may not be processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this MOU for a period of up to 180 days
after the end of the MOU. Extensions must be authorized, in writing, by formal letter to the
SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Reimbursements will only be made for
expenditures that the COUNTY provisionally determines are eligible under the ARP. However, the
COUNTY's provisional determination that an expenditure is eligible does not relieve the
SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined
by the COUNTY or Federal government to be ineligible. Except where disputed for
noncompliance, payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this MOU, 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. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project(s) referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT
contractors and vendors are conditioned upon compliance with the procurement requirements
provided for in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT and
Contractors shall comply with 2 CFR Subpart E-Cost Principles.
1.6 NOTICES
Notices required by this MOU shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other elech•onic 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.
COLLIER COUNTY LIBRARY DIVISION
ARP21-I2
American Rescue Plan -Community Outreach, Literacy and Education Page 8
t,, i
All notices and other written communications under this MOU shall be addressed to the individuals
in the capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carrie Kurutz, Grant Coordinator
Collier County Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Carrie.Kurutz@colliercountyfl.gov
Telephone: (239)252-2644
SUBRECIPIENT ATTENTION: Catherine Cowser, Interim Division Director
Collier County Library Headquarters
2385 Orange Blossom Drive
Naples, Florida 34109
Email: Catherine,Cowser@colliercountyfl.gov
Telephone:(239)-252-7378
Remainder of Page Intentionally Left Blank
COLLIER COUNTY LIBRARY DIV[SION
AAP2t-12
American Rescue Plan -Community Outreach, Literacy and Education Page 9 �' i
PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available for review, inspection, or audit,
all records, documentation, and any other data relating to all matters covered by the MOU.
SUBRECIPIENT must clear any deficiencies noted in audit reports must within 30 days after
receipt of the report. Failure of the SUBRECIPIENT to comply with the above audit requirements
will constitute a violation of this MOU and may result in the withholding of future payments. The
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning SUBRECIPIENT audits.
The determination of Federal award amounts expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements,
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 2 CFR 200.334, Section
602(c) of the Social Security Act, and Section 119.021, Florida Statutes, to determine compliance
with the requirements of this MOU, the ARP Program, and all other applicable laws and
regulations. This documentation shall include, but is not limited to, the following:
A. All records required by ARP regulations.
B. SUBRECIPIENT agrees to execute such further documents as may be required by law or
prepared by the COUNTY to confirm SUBRECIPIENT's MOU.
C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
D. All reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this
MOU shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon
request by the COUNTY or CHS. Materials identified in the previous sentence shall be in
accordance with generally accepted accounting principles (GAAP), procedures, and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this MOU, 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 MOU.
E. Upon completion of all work contemplated under this MOU, copies of all documents and
records relating to this MOU 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 submission
of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, and all
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 10 }
�, ti
funds have been expended, unless any litigation, claim, or audit is started before the
expiration date of the five (S) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases
to exist after the closeout of this MOU, the COUNTY shall be informed, in writing, of the
address where the records are to be kept, as outlined in 2 CFR 200,337. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the MOU and destroy any duplicate exempt and/or confidential public
records that and released from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
COUNTY's information technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS MOU, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-2524832,
4ichael.Cox6iDeolliercountvfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
F, SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt and/or confidential public records that are
released from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.337 and 2 CFR 200.338.
G. Notwithstanding any provision in the Grant Documents to the contrary, the
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 the SUBRECIPIENT to pay and perform, in full, the obligations set forth
hereunder, but any action taken or not taken by the SUBRECIPIENT as a direct result of
such lack or delay of notice, or of the SUBRECIPIENT's good faith reliance upon a
material inaccuracy therein or the material incompleteness thereof, as the case may be,
shall not in and of itself, and to the extent thereof, constitute an Event of Default hereunder,
so long as the SUBRECIPIENT does not otherwise have or receive notice or knowledge
of the material contents or substance of such notice, or of the intended substance of any
inaccurate or incomplete notice, as the case may be, and the SUBRECIPIENT acts, at all
times, in good faith.
2.3 MONITORING
During the term of this MOU, SUBRECIPIENT shall submit to the COUNTY an Annual Audit
Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end. In
addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management
Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for
COLLIER COUNTY LIBRARY DIVISION
ARP21•I2
American Rescue Plan•Community Outreach, Literacy and Education Page I 1
��17
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review,
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on -site visit. The continuation of this MOU
is dependent upon satisfactory evaluations. The 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. The 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 the SUBRECIPIENT in an attempt to mitigate
fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated with
all other applicable laws, regulations, and policies governing the funds provided under this MOU
further defined by 2 CFR 200.332, Substandard performance, as determined by CHS, will constitute
noncompliance with this MOU. If corrective action is not taken by the SUBRECIPIENT within a
reasonable period after being notified by CHS, MOU suspension or termination procedures will be
initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General, the
Government Accountability Office, the Florida Auditor General, the COUNTY, the COUNTY's
internal auditor(s), or their representatives access to all records related to performance of activities
in this MOU.
2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent,
detect, and correct incidents of fraud, waste, and abuse in the performance of this MOU, and to
provide for the proper and effective management of all Program and Fiscal activities of the MOU.
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 MOU.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
fraud, waste, and abuse.
SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False
Claims and Statements, applies to the actions, pertaining to this contract, of the SUBRECIPIENTS
and its contractors.
SUBRECIPIENT understands that making false statements or claims in connection with this award
is in violation of Federal law and may result in criminal, civil, or administrative sanctions including
fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards
or contracts, and/or any other remedy available by law.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this MOU, or of any law or regulation to COUNTY or to any appropriate
law enforcement authority, if the report is made in good faith.
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan -Community Outreach, Literacy and Education Page 12 %,.t
In accordance with 41 USC Section 4712, SUBRECIPIENT may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons
or entities provided below, information that the employee reasonably believes is evidence of gross
mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
relating to a federal contract or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a federal contract (including the competition for
or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes: a member of Congress
or a representative of a committee of Congress; an Inspector General; the Governmental
Accountability Office; a Treasury employee responsible for contract or grant oversight or
management; an authorized official of the Department of Justice or other law enforcement agency;
a court or grant jury; or a management official or other employee of COUNTY, SUBRECIPIENT,
contractor, or subcontractor who has the responsibility to investigate, discover, or address
misconduct.
SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
2.5 DUPLICATION OF BENEFITS
In consideration of SUBRECIPIENT's receipt of funds from the COUNTY, the SUBRECIPIENT
hereby assigns to the COUNTY all of its future rights to reimbursement and all payments received
fi•om 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 any other Federal or State program to the extent
that proceeds paid to SUBRECIPIENT under this MOU, and determined in the sole discretion of
the COUNTY to be a Duplication of Benefits (DOB). This shall be defined as financial assistance
available to the SUBRECIPIENT that can be used to pay the costs described under Budgeted Costs
for the scope of work described in this MOU that are to be paid for by this grant.
SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from
other relief or can 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 MOU, Penalties may be imposed for failut•e to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for noncompliance is as follows:
COLLIER COUNTY LIBRARY DIVISION
ARP2I-12
American Rescue Plan -Community Outreach, Literacy and Education Page 13
I. Initial noncompliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan to be submitted to
the COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a
timely manner, CHS may require a portion of the awarded grant amount be
returned to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY, at the discretion of the Board.
The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS 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, be
returned to the COUNTY.
3.1 CHS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the
discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No.
2013-228,
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the MOU or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
contract or MOU. The 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.
The SUBRECIPIENT will be considered in violation of Resolution No.
2013-228.
If the SUBRECIPIENT has multiple agreements with the COUNTY, and is found
to be noncompliant, the above sanctions may be imposed across all awards at the
Board's discretion.
2.7 R>;PORTS
COLLIER COUNTY LIBRARY DIVISION
American Rescue Plan -Community Outreach, Literacy and Education Page 14
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this MOU, and on the resolution of monitoring findings identified pursuant to this
MOU, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April, July, and October. As part of the report submitted at
the end of the project, the SUBRECIPIENT agrees to include a comprehensive final report covering
the agreed -upon Program objectives, activities, expenditures and expenditure categories, evidence -
basis, impact evaluation metrics, and Key Performance Incidators (KPI) defined by
SUBRECIPIENT and the Evidence Based and Impact Evaluation Team, Exhibit C contains a
reporting form to be used in fulfillment of this requirement. Expenditure Categories are subject to
change based on future guidance from the Treasury. If that occurs, additional reporting
requirements may be necessary. Other reporting requirements may be required by the County
Manager or designee if the Program changes, the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
The Federal Guidance for these activities as of August 31, 2021 exists within the "Compliance and
Reporting Guide: State and Local Fiscal Recovery Funds." The COUNTY has translated these
guidelines into its RecoveryPlan, which outlines major Expenditure Categories, Goals, target
populations served, and KPIs.
SUBRECIPIENT must ensure that the project fulfills the requirements of the Recovery Plan, and
may need to work with the Evidence -Base and Impact Evaluation Team to fully define evidence
base, KPIs, and an Impact Evaluation framework, SUBRECIPIENT should consult with the
COUNTY's Grant Coordinator to determine the required inputs along these lines.
SUBRECIPIENT must work with the COUNTY Evaluation and Data Analysis Team to determine
sufficient evidence -base citations for project activities, and to set impact evaluation and key
performance indicators.
Remainder of Page Intentionally Left Blank
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 15 ( l�
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this MOU may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
Any assignee shall be bound by all the terms of this assigned documents.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of the ARP, Section 603 (c) of the
Social Security Act, The SUBRECIPIENT also agrees to comply with all other applicable laws,
regulations, and policies governing the funds provided under this MOU, including the requirement
to follow the federal procurement process. The SUBRECIPIENT further agrees to utilize funds
available under this MOU to supplement rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this MOU is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an "independent contractor" with respect to the services to be performed under
this MOU. The COUNTY shall be exempt from payment of all Unemployment Compensation,
PICA, 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 MOU, at any time, provided that such
amendments make specific reference to this MOU, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the COUNTY'S governing body.
Such amendments shall not invalidate this MOU, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this MOU.
The COUNTY may, in its discretion, amend this MOU to conform with Federal, State, or Local
governmental guidelines, policies, and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to
be undertaken as part of this MOU, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
No modification or waiver of any provision of the Grant Documents, nor consent to any departure
by the SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in
writing, and such waiver or consent shall be effective only in the specific instance and for the
purpose for which given. No failure or delay on the part of the COUNTY in exercising any right,
power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor
shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise
of any other right, power, or privilege.
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 16 A t
3.5 AVAILABH ITY OF FUNDS
The parties acknowledge that the Funds originate from Department of Treasury ARP grant funds,
as provided by the Department of Treasury, 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 ARP funds pertaining to this MOU, 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 the
SUBRECIPIENT all or any portion of the funds will not be available. In either event, the COUNTY
may terminate this MOU, which termination shall be effective as of the date that it is determined
by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no
longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look
to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or
County Administration, personally liable for the performance of this MOU, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this MOU.
The SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due
to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned,
granted, or assigned to any party and shall in no event be used for any purpose prohibited by the
Grant Documents or Regulations.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this MOU. This indemnification obligation shall not be construed to negate,
abridge, or reduce any other rights or remedies, which otherwise maybe available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue
thereon. This Indemnification shall survive the termination and/or expiration of this MOU. 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 MOU.
3.7 GRANTEE RECOGNITION(SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports, and similar
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan -Community Outreach, Literacy and Education Page 17
"FINANCED IN PART BY U.S, DEPARTMENT OF TREASURY, UNDER FEDERAL
AWARD NUMBER 596000558, AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT4 This design
concept is intended to disseminate key information regarding the development team, to the general
public.
3.8 DEBARMENT AND SUSPENSION
The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction, as outlined in OMB
Guidelines to Agencies on governmentwide Debarment and Suspension (non -procurement), 2 CFR
Part 180, including the requirement to include a term or condition in all lower tier covered
transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is
subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part 19,
3.9 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.340, this MOU may be terminated for convenience by either the
COUNTY or the 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, if in the case of a partial termination, the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety. This MOU 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 MOU,
in compliance with 2 CFR 20 I Appendix II (A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and 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
MOU.
C. Ineffective or improper use of funds provided under this MOU.
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 MOU.
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 18
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and SUBRECIPIENT relating to the project.
II. The SUBRECIPIENT assigns this MOU 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 MOU or the Grant shall
prove to be false in any material respect.
J. If material adverse changes occur in the financial condition of the SUBRECIPIENT at any
time during the MOU, and the SUBRECIPIENT fails to cure this adverse condition within
thirty (30) days from the date written notice is sent by the COUNTY.
In the event of any default by SUBRECIPIENT under this MOU, 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 MOU, in whole or in part.
B. Require immediate repayment to the COUNTY of all Grant funds that SUBRECIPIENT
has received under this MOU, as set forth in Section 1.4.
C. Apply sanctions, if determined by the COUNTY to be applicable.
D. Stop all payments, until identified deficiencies are corrected.
E. Terminate this MOU by giving written notice to SUBRECIPIENT of such termination and
specifying the effective date of such termination. If the MOU 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 MOU.
3.10 REVERSION OF ASSETS
In the event of a termination of this MOU and in addition to any and all other remedies available
to the COUNTY (whether under this MOU, or at law, or in equity), the SUBRECIPIENT shall
immediately transfer to the COUNTY any property on hand at the time of termination and any
accounts receivable attributable to the use of 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 MOU 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 MOU.
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan•Community Outreach, Literacy and Education Page 19 �
I�'4ra
3.12 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Part I), the Uniform Administrative Requirements, and Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
200,327) and/or Collier County's Procurement Ordinance #2017-08, as amended, as outlined
below, The current purchasing thresholds are:
Federal Prnrnrement Standards
Ran e:
Method/Com etition Re aired
$0 - $10,000
Micro -Purchase
$10,001 - $250 000
Small Purchase
$2505001+
Sealed Bidding
f nllier Cromty Prnrn,remnnt Sfandards�
Range:
Com etition Re aired
$0 - $50,000
3 Written Quotes
$505001+
Formal Solicitation ITB, RFP etc.
The SUBRECIPIENT shall enter contracts for purchases with the lowest, responsible, and qualified
bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS,
which shall have access to all records and documents related to the project.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase, acquisition, or use of goods, products, or materials produced
in the United States.
In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practican e, consistent with maintaining a satisfactory level of
completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323,
All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or
put out to competitive bidding, under a procedure acceptable to COUNTY and Federal
requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and
qualified bidder. Contract administration shall be conducted by the SUBRECIPIENT and
monitored by CHS, which shall have access to all records and documents related to the Project.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived fiom the use of
Tt•easury funds disbursed under this MOU, such Program Income shall be utilized by the
SUBRECIPIENT for ARP -eligible activities, approved by COUNTY. Any "Program Income" (as
such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT
activity funded by ARP funds shall be reported to the COUNTY through an annual program income
re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR
200.307, When program income is generated by an activity that is only partially assisted with
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 20
ARP funds, the income shall be prorated to reflect the percentage of ARP funds used. In the
event there is a program income balance at the end of the Program Year, such balance shall revert
to the COUNTY's ARP program, for further reallocation.
Purchase of Equipment: Equipment under the SUBRECIPIEN I s control that was acquired or
improved, in whole or in part, with ARP funds shall be used to navigate the impact of the COVID-
19 outbreak, during the term of this MOU. If the purchase of the asset was consistent with the
limitations on the eligible use of funds provided by section 603 (c) of the Social Security Act, the
SUBRECIPIENT may retain the asset. If such assets are disposed of prior to December 31, 2024,
the proceeds would be subject to the restrictions on the eligible use of payments from the Fund
provided by section 603 (c) of the Social Security Act,
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY after the closeout
monitoring has occurred. Activities during this closeout period shall include, but are not limited to
making final payments, disposing of program assets (including the return of all program income
balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal records retention law 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
MOU must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must
take place in accordance with 2 CFR 200.344.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity carried out by the performance of this MOU 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 MOU.
To the greatest extent feasible, lower -income residents of the project areas shall be given
opportunities for training and employment and eligible business concerns located in or owned in
substantial part by persons residing in the project areas shall be awarded contracts in connection
with the project.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
MOU. As used in this MOU, the term "small business" means a business that meets the criteria set
forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and
women's business enterprise" means a business at least 51 percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority group members"
are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
COLLIER COUNTY LIBRARY DIVISION
ARP2142
American Rescue Plan -Community Outreach, Literacy and Education Page 2l
mA0
K1
Americans, and American Indians. The SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
3.18 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966, as amended. The SUBRECIPIENT shall submit a
pIan for an Affirmative Action Program for approval prior to the award of funds. An Affirmative
Action Program updated during the term of the MOU must be submitted to the COUNTY within
30 days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this MOU, and that no person having any conflict of interest
shall be employed or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all Conflict of Interest provisions of 2 CFR 200.318(c), and the State and County
statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit the SUBRECIPIENT's ability to self -manage the projects using its own
employees.
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 BY" ANTI -LOBBYING AMENDMENT
Each tier certifies that the tier above it will not and has not used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of federal funds,
as covered by 31 USC 1352, as more fully described in Section 4.32 of this MOU. Contractors who
apply or bid for an award of $100,000 or more shall file the required certification.
3.21 RELIGIOUS ORGANIZATIONS
ARP funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set forth in Executive Order 13279, dated December 12,
2002, as amended. The SUBRECIPIENT shall comply with First Amendment Church/State
principles as follows:
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 22
(C,�
A. It will not discriminate against any employee or applicant for employment based on
religion and will not limit or give preference in employment to persons on the basis of
religion.
B, It will not discriminate against any person applying for public services based on religion
and will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct ARP 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, ARP 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 ARP funds in this part. Sanctuaries, chapels, or other rooms that an ARP
funded religious congregation uses as its principal place of worship, however, are ineligible
for ARP funded improvements,
3,22 INCIDENT REPORTING
If services to clients are to be provided under this MOU, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child, aged person, or disabled person.
3.23 SEVERABILITY
Should any provision of the MOU be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
3.24 MISCELLANEOUS
The SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal
representatives, and assigns of such other party in respect to all covenants of this MOU.
The SUBRECIPIENT represents and warrants that the financial data, reports, and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly represent the financial position of the SUBRECIPIENT.
The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this MOU
and that its governing body has authorized the execution and acceptance of this MOU. The
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind the SUBRECIPIENT to the terms of this MOU.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida, without giving effect to its provisions regarding choice of laws.
All activities authorized by this MOU shall be subject to and perfonned in accordance with the
provisions of the terms and conditions of the MOU between the COUNTY, the Regulations, all
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 23
�'. `i
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 MOU, ancillary to this MOU, and related documents entered into in
connection with this MOU are signed when a parry's signature is delivered by facsimile, e-mail, or
any other electronic medium. These signatures must be treated in all respects as having the same
force and effect as original signatures.
Remainder of Page Intentionally Left Blank
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan -Community Outreach, Literacy and Education Page 24
PART IV
GENERAL PROVISIONS
4.1 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
littps•//www ccfr tov/c/cgi-bin/text-idxvtpl=/ecfrbrowse/TitieO2/2cfr200 main 02 tol
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 The Fair Housing Act (42 U.S,C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act, liups://www.hud.gov/sites/documents/DOC 7771,PDF
https://www.iustice.izov/crt/fair-housing-act- I
Executive Order 11063 —Equal Opportunity in Housing https://www.arciiives.wv/federalm
register/codification/executive-order/1 1063.html
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https•//www archives gov/federal-register/codification/exectitive-order/12259,httnl
4.4 httns•I/www dol govfagencies/whd/laws-and-re@ulations/laws/dbra Public Law 100-430 -the Fair
Housing Amendments Act of 1988. hns://www.nobi.nim.nih.jzov/pLibmed/I 2289709
4.5 Title VI of the Civil Rights Act of ] 964 (42 USC § 2000(d) et seq., and Treasury's implementing
regulation at 31 CFR Part 22), as amended, Title VIII of the Civil Rights Act of 1968, as amended
https•//www hud Qov/programdescription/title6
4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
hups://www.dol.jzov/apencies/ofecp/exectitive-orderw I 1246/as-amended
EO 11375 and 12086: see item #8 below
4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.izov/programdescription/title
4.8 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et. seq.) and Treasury implementing
regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Ot•der 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
COLLIER COUNTY LIBRARY DIVISION
ARP2142
American Rescue Plan -Community Outreach, Literacy and Education Page 25
Age Discrimination Act of 1975
ittps://www.law.coniell.edu/uscode/text/42/chai)ter-76
11246: httns•//www dol og v/ofccph•egs/statutes/col 1246 htm
11375: Amended by EO 11478
11478: httns•//www archives.jzov/federal-register/codification/executive-order/I 1478.html
12107: httns•//www archives gov/federal-register/codification/executive-order/12107.htrn
12086: httns•//www archives g_ov/federal-register/codification/executive-order/12086.html
4.9 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5)
Section
504:
hops•//www.epa,
og v/ocr
29 USC
776:
https:Hlaw.oncele.com/uscode/29/776.html
4.10 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et
seq. litlp:Hlibr•uy clerk house gov/reference-files/PPL 101 336 AmericansWithDisabilities.udf
https://www.law.comell.edu/uscode/text/42/12101
4.11 Immigration Reform and Control Act of 1986
https://www.ceoc.aov/eeoc/history/35th/thelaw/irea.litml
4.12 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 I1I, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https•//wwwhwservcilcom/law/state/florida/statules/florida statutes chapter 112 pal iii
Collier County-
http://www,colliergov.net/home/showdocument?id=35137
4.13 Order ofPrecedence - Tn the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the MOU shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the MOU.
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 MOU, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at Owner's
discretion.
4,14 Venue -Any suit of action brought by either party to this MOU against the other party, relating to
or arising out of this MOU, 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).
4.15 Dispute Resolution -Prior to the initiation of any action or proceeding permitted by this MOU to
resolve disputes between the parties, the parties shall make a goad faith effort to resolve any such
disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be
COLLIER COUNTY LIBRARY DIVISION
ARP2t-12
American Rescue Plan -Community Outreach, Literacy and Education Page 26
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 MOU, 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 MOU 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 MOU, 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 MOU.
https://www.flsetiate.gov/Laws/Stattites/2012/44.102
4.16 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to
report each violation for the following :
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/conteiit/pkg/USCODE-
20 1 0-title42/htmI/USCODE-2010-title42-chap85, htm
https://www.law.comell.edu/uscode/text/42/chapterm85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
littl)S:Hw%vw.kyoviiifo.gov/coiiteiit/pka/USCODE-201 Ift1itle33/pdf/USCODEee20I I-title33-
chao26.ndf
https://www.law.comell.edu/uscode/text/33/cliaDter-26
4.17 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701) and Treasury implementing regulations at 31
CFR Part 20.
https:/Nvww.gpo gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title4l-chanl0-
sec701
4.18 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 xhtml?rcq=granuleid•USC-1999-title40-section276a-
7&num=0&edition=1999
29 CFR Pall 3 -Contractors and Subcontractors on public building or Public Work Financed, in
whole or itt pals, by Loans or Grants from the United States
https://www.law.comell.edii/efr/text/29/pail-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.cornell.edu/cfr/text/29/part-5
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 27
4.19 Asa 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 U.S.C. 874 littos://www.govinfo.gov/content/pkWUSCODE-2010-lilleI8/pdf/USCODE-2010-
titlel8.ndf
40 U.S.C. 276c littt)s•Htiscode liouse.gov/view xhtntl'h•eq=granuleid•USC-1999-title40-
section276c&num=0&edition=1999
4.20 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,
litt>s•//www eeli n_�gi-bin/text-i(ixv&node-i t24o4.91sc2il 1.5 1500
4.21 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR
200,213, These regulations restrict awards, subawards and contracts with certain parties that are
debarred, suspended, or otherwise excluded from or ineligible to (participate in Federal assistance
programs and activities.
Pursuant to 2 CFR Part 2S, Appendix A, Universal Identifier and System for Award Management
(SAM), a contract award must not be made to parties listed in the SAM Exclusions. 5AM
Exclusions is the list maintained by the General Services Administration that contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as patties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. SAM
Exclusions can be accessed at www.sam.eov.
2 CFR 200.213 Suspension and debarment
https://www.ecfr.yov/cyi-
b inhetrieve ECF R?bp=&S I D=c3a97c97ac42ttJcO5af52a7ea2fid005&mc=true&n=pt2. 1200&t =P
ART&tv=HTML#set 1 200 1213
hops•//www archives nov/federal-register/codification/executive-order/12549.hun1
4.22 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.
4.23 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
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan -Community Outreach, Literacy and Education Page 28
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 MOU 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/cizi-bin/text-
idxvSID=5a78addefff9a535e83fed3010308aef'&mc=true&node=set 1200 1344&rgn=div8
4.24 As provided in § 287.133, Florida Statutes, by entering into this MOU 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.
littp://www.leg,state.fl.tis/Stattites/indox.criii?A]21) mode=Dis rlay Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.25 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated
funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
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.
4.26 Any rule or regtilation determined to be applicable by the Treasury.
4.27 Florida Statutes 119.021 Records Retention
her/hvww.legstate.ILus/Statutes/indcx.cfin7Ap� mode=Disnluv Statute&URL=0100-
0 199/0119/Sections/0119.021. htm I
COLLIER COUNTY LIBRARY DIVISION
ARP21.12
American Rescue Plan -Community Outreach, Literacy and Education Page 29
4.28 Florida Statutes 119.061 Travel, using approved state travel voucher
littp://www.lei.y.state.fl.tis/stattites/iiidex.efiii?At)i) mode=Dis>l lay Statute&URL=0100-
0199/0112/Sect ion s/01 12, 061.htm I
4.29 Florida Statutes, 119.071, Contracts and Public Records
htto•//www.leg.state ll.us/Statutes/index.efm?App mode=Dish Statute&URL=0100-
0199/0119/Sections/0119.07Lhtml
4.30 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this MOU for persons with
limited English proficiency pursuant to information located at http•//www.lep.gov.
4.31 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•//oippov/about/ocr/pdfs[UseofConviction Advisory pdf for more details.
4.32 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its
officers, employees and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative
body. None of the funds provided under this MOU shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures,
h!tps://www.law.comell.edu/uscode/text/31/13 52
4,33 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.
4.34 Political Activities Prohibited: None of the funds provided directly or indirectly under this MOU
shall be used for any political activities or to further the election or defeat of any candidates for
public office. Neither this MOU nor any funds provided hereunder shall be utilized in support of
COLLIER COUNTY LIBRARY DIVISION
ARP21-I2
American Rescue Plan -Community Outreach, Literacy and Education Page 30
any partisan political activities or activities for or against the election of a candidate for an elected
office.
4.35 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.
4.36 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:
htt t� s://oin gov/fimdiiiWExplore/ProhibitedConduc(-Traffickin ),IIitin.
4.37 Seat Belt Use: The SUBRECIPIENT
agrees to encourage its contractors to adopt and
enforce on-
the-job
seat belt policies and programs for their employees when operating company -owned,
rented,
or personally owned vehicles,
per Executive Order 13043, 62 FR 19217 (April
18, 1997).
4.38 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.
4.39 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,eefr. pov/cg_i-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7D717de761 dc64c0&me=true&n=pt37 1401 &r
=PART&tom HTML
4.40 Whistleblower Protections:
a. In accordance with 41 U.S.C. § 4712, the COUNTY may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or
entities provided below, information that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse
of authority relating to a federal contract or grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant.
COLLIER COUNTY LIBRARY DIVISION
ARP2t•12
American Rescue Plan -Community Outreach, Literacy and Education Page 31 --.
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; or
vii. A management official or other employee of Recipient, contractor, or subcontractor
who has the responsibility to investigate, discover, or address misconduct.
c. The COUNTY shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce,
(Signature Page to Follow)
COLLIER COUNTY L[BRARY DIVISION
ARP21d2
American Rescue Plan -Community Outreach, Literacy and Education Page 32
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,
COLLIER COUNTY COMMUNITY AND
HUMAN SERV,IeES DIVAION
Ss
DI
TA'G,
Date: //— of
1ZLr%IJ
Date: 4, (( • 2
COLLIER COUNTY LIBRARY DIVISION
By
CATHERINE COWSER, INTERIM
DIVISION DIRECTOR
Date:,_ /r / f'h-tl__ C) y
Approved as to form and legality:
Dcre D. Perry
Assistant County Attorney
Date: ()I�-
This sub -award agreement executed by the
County Manager or designee pursuant to
Agenda Dated 6/22/21, Item No. 11.14.
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 33
(.1(1
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUHtEMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Cotnmunity and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2, Commercial Genet•al 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 MOU, 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 I — 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 I — 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 pet•cent of the insurable value of the buildings) or structure(s). The policy shall be in the name
of Collier County and the SUBRECIPIENT.
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
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
COLLIER COUNTY LIBRARY DIVISION
ARP21-I2
American Rescue Plan•Community Outreach, Literacy and Education
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 MOU:
Workers' Compensation as required by Chapter 440, Florida Statutes.
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 MOU 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.
1 I, 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,
COLLIER COUNTY LIBRARY DIVISION
ARP21•l2
American Rescue Plan -Community Outreach, Literacy and Education Page 35
EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier County Library Division
SUBRECIPIENT Address: 2385 Orange Blossom Drive Naples, Florida 34109
Project Name: American Rescue Plan -Education Assistance -Community Outreach, Literacy and
Education Program
Project No: CC4.1_ Payment Request #
Total Payment Minus Retainage
Period of Availability; October 1, 2021_ through December 31, 2024
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient
CHS Approved
1, Grant Amount Awarded
$
$
2. Total Amount of Previous Requests
$
$
3. Amount of Today's Request (Net of Retainage, if
applicable)
$
$
4. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
$
$
By signing this report, I certify to the best of my knowledge and belief that this request for payment is true, complete
and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth n
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).
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor (Approval required $15,000 and above) Division Director (Approval Required $15,000
and above)
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 36
EXHIBIT C
AMERICAN RESCUE PLAN (ARP)
QUARTERLY PROGRESS REPORT
Report Period;
Fiscal Year:
Agreement Number;
ARP21-12
Subrecipient Name:
Collier County Library Division
Program:
American Rescue Plan- Community Outreach, Literacy and
Education Program
Contact Name:
Contact Telephone Number:
Activi
Re ortin Period
Re ort Due Date
October
I" — December 3; V
January 1011
January
I" —March 31
April 106'
April
Is'
—June 30'
Jul 19"
Jul 1"
— Se tember 30 s
October IO'n
Characteristics Report
1• Report Selection Criteria
Number of Participants by Ethnicity
Current Quarter
To Date
Race
Non-
His anic
Hispanic
Non-
Hispanic
Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Prnieet F.xnenditnreclWithin Oualitied Census Tract (OCT)t
Catcgoty
Funds Expended Current
Quarter
Funds Expended
To Date
Public Health
In OCT
Other
in CT
Other
N/A
N/A
N/A
Negative Economic Impacts
N/A
COLLIER COUNTY LIBRARY DIVISION
ARP21-I2
American Rescue Plan -Community Outreach, Literacy and Education Page 37 }
]A t;i
Services to Impacted Households and
Communities
EC2.24 Addressing Educational
Disparities: Aid to High -Poverty Districts
EC2.24 Addressing Educational
Disparities: Aid to High -Poverty Districts
Total Expenditures
3. Evidence -Based Pro.1 Exoenditures:
Program Name
Funds Expended
Funds Expended
Current Quarter
To Date
EC2.24
Addressing
Educational Disparities: Aid
to High-
Poverty
Districts
EC2.24
Addressing
Educational Disparities: Aid
to Highw
Poverty
Districts
EC2.24
Addressing
Educational Disparities: Aid
to Highm
Poverty
Districts
Total Evidence -Based Expenditures
4. Kev Performance indicators:
Project Outcomes
Component I and 2:
Equipment, Materials, Supplies, and Ancillary Supply Expenses as well
as Personnel/Salaries and Related Personnel Travel Expenses shall be
used primarily for services to impacted households and communities and
the following outcomes:
• Increased reading comprehension or other educational attainment
that will be measured by pre- and post -assessment of participating
students.
Project Outputs
Component 1 and 2:
Equipment, Materials, Supplies, and Ancillary Supply Expenses as well
as Personnel/Salaries and Related Personnel Travel Expenses shall be
primarily for services to impacted households and communities and
determine the following outputs included in SUBRECIPIENT data
reports:
• Number of students participating in evidence -based tutoring
programs with demographic information.
• Computer equipment usage statistics with demographic
information.
Evidenced -Based and
Impact Evaluation Team
Meeting Date:
Impact Evaluation Plan
Detail U date:
COLLIER COUNTY LIBRARY DIVISION
ARP2t-12
American Rescue Plan -Community Outreach, Literacy and Education Page 38
-p,o}
5. Project Progress:
your progress and any impediments experienced during the reporting period.
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;
Printed Name;
Title:
Date;
NOTE: This form subject to modification based on Treasury guidance.
Your typed name here represents your electronic sienature.
COLLIER COl1NTY LIBRARY DIV1StON
ARP2t-12
American Rescue Plan -Community Outreach, Literacy and Education Page 39
('
CXHIBIT D
ANNUAL AUDIT MONITORING R> PORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to
determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly,
Collier County requires that all appropriate documentation is provided regarding your organization's
compliance. In determining Federal awards expended in a fiscal year, the entity must consider all
sources of Federal awards based on when the activity related to the Federal award occurs, including
any Federal award provided by Collier County. The determination of Federal award amounts expended
shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit
Requirements, This form may be used to monitor Florida Single Audit Act Statute 215,97 requirements.
Subrecipient
Collier County Library Division (ARP21"12)
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year
MM/DD/YY
Total Federal Financial Assistance
Total State Financial Assistance Expended during
Expended during most recently completed
most recently completed Fiscal Year
Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
❑
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
mana ement 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, eta 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
NL•7LItJ
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue PlamCommunity Outreach, Literacy and Education Page 40
Exhibit E
Assurances of Compliance with Civil Rights Requirements
Assurances of Compliance with Title VI of the Civil Rights Act of 1964
As a condition of receipt of Federal financial assistance from the Department of Treasury, the
SUBRECIPIENT of this MOU (hereinafter referred to as SUBRECIPIENT) provides the
assurances stated herein. The Federal financial assistance may include Federal grants, loans, and
contracts to provide assistance to the SUBRECIPIENT'S beneficiaries, the use or rent of Federal
land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
and other arrangements with the intention of providing assistance. Federal financial assistance
does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal Government at market value, or programs that provide direct
benefits.
The assurances apply to all Federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the SUBRECIPIENT may request in the
future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to
all of the operations of the SUBRECIPIENT's program(s) and activity(ies), so long as any portion
of the SUBRECIPIENT's program(s) or activity(ies) is Federally assisted in the manner prescribed
above.
A. SUBRECIPIENT ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from participation,
denial of the benefits of, or subjection to discrimination under programs and
activities receiving federal financial assistance, of any person in the United States
on the ground of race, color, or national origin (42 USC § 2000d et seq.), as
implemented by the Department of the Treasury Title VI regulations at 31 CFR Part
22 and other pertinent executive orders such as Executive Order 13166, directives,
circulars, policies, memoranda, and/or guidance documents.
B. SUBRECIPIENT acknowledges that Executive Order 13166, "Improving Access
to Services for Persons with Limited English Proficiency," seeks to improve access
to Federally assisted programs and activities for individuals who, because of
national origin, have Limited English Proficiency (LEP). SUBRECIPIENT
understands that denying a person access to its programs, services, and activities
because of LEP is a form of national origin discrimination prohibited under Title
VI of the Civil Rights Act of 1964 and the Department of the Treasury's
implementing regulations. Accordingly, SUBRECIPIENT shall initiate reasonable
steps, or comply with the Department of the Treasury's directives, to ensure that
LEP persons have meaningful access to its programs, services, and activities.
SUBRECIPIENT understands and agrees that meaningful access may entail
providing language assistance services, including oral interpretation and written
translation where necessary, to ensure effective communication in the
SUBRECIPIENT's programs, services, and activities.
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 41 /
C. SUBRECIPIENT agrees to consider the need for language services for LEP persons
when SUBRECIPIENT develops applicable budgets and conducts programs,
services, and activities. As For more information on taking reasonable steps to
provide meaningful access for LEP persons, please visit http://www.lep.govt
D. SUBRECIPIENT acknowledges and agrees that compliance with the assurances
constitutes a condition of continued receipt of Federal financial assistance and is
binding upon SUBRECPIENTand its successors, transferees, and assignees for the
period in which such assistance is provided,
E. SUBRECIPIENT acknowledges and agrees that it must require any sub -grantees,
contractors, successors, transferees, and assignees to comply with assistances 1-4
above, and agrees to incorporate the following language in every contract or
agreement subject to Title VI and its regulations between the SUBRECIPIENT and
the its sub -grantees, contractors, subcontractors, successors, transferees, and
assignees:
The sub -grantee, contractor, subcontractor, transferee, and assignee shall comply
with the Title V1 of the Civil Rights Act of 1964, which prohibits recipients of
Federal financial assistance from excluding from a program or activity, denying
benefits of, or otherwise discriminating against aperson on the basis ofrace, color,
or national origin (42 USC § 2000d et seq), as implemented by the Department of
the Treasury's Title VI regulations, 31 CFR Part 22, which are herein Incorporated
by reference and made apart of this contract (or agreement). Title VI also includes
protection to persons with "Limited English Proficiency" in any program or
activity receiving Federal financial assistance, 42 USC § 2000d et seq., as
implemented by the Department of Treasury's Title V1 regulations, 31 CFR Part
22, and herein incorporated by reference and made a part of this contract or
agreement.
F. SUBRECIPIENT understands and agrees that if any real property or structure is
provided or improved with the aid of federal financial assistance by the Department
of the Treasury, this assurance obligates the SUBRECIPIENT, or in the case of a
subsequent transfer, the transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is extended
or for another purpose involving the provision of similar services or benefits. If any
personal property is provided, this assurance obligates the SUBRECIPIENT for the
period during which it retains ownership or possession of the property.
G, SUBRECIPIENT shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned obligations.
Enforcement may include investigation, arbitration, mediation, litigation, and
monitoring of any settlement agreements that may result from these actions. The
SUBRECIPIENT shall comply with information requests, on -site compliance
reviews and reporting requirements.
H. SUBRECIPIENT shall maintain an complaint log and inform the Department of
the Treasury of any complaints of discrimination on the grounds of race, color, or
COLLIER COUNTY LIBRARY DIVISION
ARP21-12
American Rescue Plan -Community Outreach, Literacy and Education Page 42
national origin, and limited English proficiency covered by Title VI of the Civil
Rights Act of 1964 and implementing regulations and provide, upon request, a list
of all such reviews or proceedings based on the complaint, pending or completed,
including outcome. SUBRECIPIENT also must inform the Department of the
Treasury if SUBRECIPIENT has received no complaints under Title VI,
SUBRECIPIENT must provide documentation of an administrative agency's or
court's findings of non-compliance of Title VI and efforts to address non-
compliance, including any voluntary compliance or other agreements between the
SUBRECIPIENT and the administrative agency that made the finding. If the
SUBRECIPIENT settles a case or matter alleging such discrimination, the
SUBRECIPIENT must provide documentation of the settlement, If
SUBRECIPIENT has not been the subject of any court or administration agency
finding of discrimination, please so state.
If the SUBRECIPIENT makes sub -awards to other agencies or other entities, the
SUBRECIPIENT is responsible for ensuring the subrecipients also comply with
Title VI and other applicable authorities covered in this document. State agencies
that make sub -awards must have in place standard grant assurances and review
procedures to demonstrate that they are effectively monitoring the civil rights
compliance of subrecipients.
The United State of America has the right to seek judicial enforcement of the terms of this
assurances document and nothing in this document alters or limits the federal enforcement
measures that the Unites States may take in order to address violations of this document or
applicable Federal law.
COLLIER COUNTY LIBRARY DIVISION
ARP21d2
American Rescue Plan -Community Outreach, Literacy and Education Page 43 /
1,
FAIN #
SLT-1155
Federal Award Date
March 11, 2021
Federal Award Agency
Department of Treasury
ALN Name
Coronavirus Local Fiscal
Recovery Fund
ALN/CSFA#
21.027
Treasury Expenditure
Cateeory
EC2.1
Collier County Recovery
Plan Project Number
CC4.2
Total Amount of Federal
Funds Awarded
$1,546,000.00
SUBRECIPIENT Name
University Extension
Service Division
UEI# _
JWKJKYRPLLU6
FEIN
596000558
R&D
No
Indirect Cost Rate
No
Period of Performance
October 1, 2021 —
December 31 2024
Fiscal Year End
09/30
Monitor End:
June 30, 2025
MEMORANDUM OF UNDERSTANDING
BETWEEN
COLLIER COUNTY
AND
COLLIER COUNTY - UNIVERSITY EXTENSION SERVICE DIVISION
American Rescue Plan (ARP) Act
Coronavirus Local Fiscal Recovery Fund
THIS MOU is made and entered into this — 9th day of May 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 University Extension Service Division, (SUBRECIPIENT),
having its principal office at 14700 Immokalee Road, Naples, Florida 34 120.
WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed
into law on March 11, 2021. Included in the legislation was $350 billion to establish the Coronavirus State
and Local Fiscal Recovery Fund (SLFRF); and
WHEREAS, the COUNTY has entered into an agreement with the United States Treasury
Department (Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP),
pursuant to the Coronavirus State and Local Fiscal Recovery Fund (SLFRF), Section 603 (c) of the Social
Security Act; and
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATIOi�
Page
� �O
WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities
to assist the community in navigating the impact of the COVID-19 outbreak; and
WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the
SUBRECIPIENT, is qualified to receive Program funding; and
WHEREAS,
the COUNTY
and SUBRECIPIENT wish
to set
forth the
responsibilities and
obligations of each in
the undertaking
of the American Rescue Plan
(ARP)
project.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for
other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a
Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and
agreements herein set forth.
PARTI
SCOPE OF WORK
The SUBRECIPIENT shall, in accordance with the Collier County Recovery Plan, which is the official
COUNTY document guiding the use of funds, intended goals, and measurement of impact, perform the
tasks necessary to conduct the program as follows:
Project Name: American Rescue Plan —University Extension, Reaching More —Extension
Education (ARP21-17)
Description of project and outcome: Funds for this project involve nutrition education, healthy
meals through food purchases, meal preparation, and outreach to improve dietary quality, nutrition
literacy, and reduce health disparities among low-income and negatively economically impacted
Collier County residents and SNAP -eligible participants. Outcomes include increased access to
healthy foods, reduced food insecurity and better nutrition for impacted participants.
Project Component One: Equipment, Materials, Supplies, and Travel and Office Expenses
including but not limited to technology (computers, laptops and related components, microphones,
webcams, software); kitchen tools and meals; instructional materials including but not limited to
books, documents, and notebooks; postage; office/copier supplies; certification, registration, and
training fees including but not limited to curriculum training, food safety and food insecurity
training; uniforms; transportation, mileage, and gas.
Treasury Expenditure Category: EC2.1
Collier County Recovery Plan Project Number: CC4.2
Evidence Basis: EC2.1 (Household Assistance: Food Programs): Evidence -based Findings for
Extension Family and Consumer Science Programs and the Family Nutrition Program are measured
by the following best practices:
• Full evidence base will be maintained by the FGCU Impact Evaluation Team.
• Applies to all components under this agreement.
Project Component Two: Personnel Expenses including but not limited to salaries, benefits, FICA
for fulltime or parttime employees, overtime (non-exempt employees), training to include but not
[JNIVERSITY EXTENSION SERVICE DIVISION
ARP2147
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 2
Gt`r�
limited to staff and curriculum development and up to eight additional (extra) hours per month to
train staff; nutrition education consultant fees; translation services.
Treasury Expenditure Category: EC2.1
Collier County Recovery Plan Project Number: CC4.2
Evidence Basis: EC2.1 (Household Assistance: Food Programs): Refer to Component One.
A. Project Tasks:
Task I: Conduct nutition and health education programs serving low-income and
negatively economically impacted Collier County residents
ARP Documentation Requirements Compliance Criteria:
A. Activities
carried out with SLFRF
funds
provided under this MOU may contribute to
a program
designed to address any
of the
following:
a. Respond to number of households served (by program if recipient establishes
multiple separate household assistance programs).
b. Denote areas where SUBRECIPIENT must report on whether projects are
primarily serving disadvantaged communities.
c. Denote areas where recipients must identify the amount of the total funds that are
allocated to evidence -based interventions.
d. Demonstrate that the presumed eligible household is within the class that
experienced a negative economic impact such as having experienced
unemployment and food insecurity.
e. Address the identified economic harm or impact resulting from or exacerbated by
the public health emergency.
f. Report the number of households served by program.
g. Document key performance indicators allocated to evidence -based interventions
to include both output and outcome measures.
A. Evidence -Based
Evidence -based interventions is a Treasury policy that pertains to projects within US
Treasury Expenditure Categories 1, 2, and 3. If SUBRECIPIENT's project falls within
this category, SUBRECIPIENT shall identify an evidence base for the overall project,
or if activities are disparate, each activity. An Evidence Base refers to studies of
similar projects that evaluate whether a strong or moderate connection exists between
project activities and desired outcomes. For further information on evidence -base,
please refer to page 33 of the Treasury Compliance and Reporting Guidance:
1.1 GRANT AND SPECIAL CONDITIONS
Performance under this MOU 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:
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 3
CAtI
A. Within sixty (60) calendar days of the
execution of this
MOU,
the SUBRECIPIENT must
deliver to CHS for approval a detailed
project schedule
for the
completion of the project.
B. The
following
checked policies must
be submitted within sixty (60) days of execution of
this
MOU:
Aftrmative Fair Housing Policy
Affirmative Action/ Equal Opportunity Policy
Conflict of Interest Policy
Procurement Policy
Davis -Bacon Policy
Uniform Relocation Act Policy
Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Limited English Proficiency Policy (LEP)
Violence Against Women Act (VAWA) Policy
LGBTQ Policy
C. Annual SUBRECIPIENT Training —
All SUBRECIPIENT staff assigned to the administration and implementation of the
Project established by this MOU, 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/ProjectBudget
Descri lion
UNIVERSITY
Federal Amount
Project Component 1: Equipment, Materials, Supplies, and
$1,100,000
Travel Expenses including but not limited to technology
(computers, laptops and related components, microphones,
webcams, software); kitchen tools and meals; instructional
materials including but not limited to books, documents, and
notebooks; postage; office/copier supplies; certification,
registration, and training fees including but not limited to
curriculum training, food safety and food insecurity training;
uniforms; transportation, mileage, and gas.
US Treasury Expenditure Category*: EC2.1
Collier County Recovery Plan Project Number: CC4.2
Project Component 2: Personnel Expenses including but not
$446,000
limited to salaries, benefits, FICA for fulltime or parttime
employees, overtime (non-exempt employees), training to
include but not limited to staff and curriculum development
and up to eight additional (extra) hours to train staff; nutrition
education consultant fees; translation services.
US Treasury Expenditure Category*: EC2.1
EXTENSION SERVICE DIVISION
ARP21.17
American Rescue Plan -University Extension Service Division, REACHING MORE -EXTENSION EDUCATION
Page 4
Ir/l
Collier County cove Plan Project Number: CC4.2
Total Federal Funds:
$ 1,5463000.00
* Expenditure Categories are subject to change based on future guidance from the U.S. Treasury
Department. If that occurs, additional reporting requirements may be necessary.
The SUBRECIPIENT will accomplish the following checked project tasks:
® Maintain documentation of services to persons/business in Qualified Census Tract
® Maintain documentation of Evidenced -Based Programming including performance
outcomes and output
❑ Maintain COVID documentation
❑ Maintain and provide to the COUNTY, as requested, beneficiary and/or income
certification documentation
❑ Maintain Eligibility Documentation, retained at SUBRECIPIENT location
® Provide Quarterly project progress reports
® Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑ Identify Lead Project Manager
❑ 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 MOU
Within sixty (60) days of MOU
Section 1.1
execution
Insurance
Insurance Certificate (Exhibit A)
Within thirty (30) days of MOU
execution and annually within
thirty 30 days of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of MOU
execution
Project
Plans and Specifications
N/A
N/A
Subcontractor Log
N/A
N/A
Davis -Bacon Act Certified
N/A
NIA
Payroll
Quarterly Progress Report
Exhibit C
Quarterly, due 101 of month
following end of quarter,
Annual Audit Monitoring
Exhibit D
Within sixty (60) days of MOU
Report
execution and Fiscal Year (FY)
end
Financial and Compliance Audit
Audit, Management Letter
Annually: nine (9) months after
FY end for Single Audit OR one
hundred eighty (180) days after
FY end
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan -University Extension Service Division, REACHING MORE -EXTENSION EDUCATION
Page 5
GPv
Program Income Reuse Plan I N/A I N/A
C. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1:
Submission of supporting documents
Submission of
Equipment, Materials, Supplies,
must be provided, as evidenced by quotes
monthly invoices.
and Travel Expenses including
dated prior to purchase, invoices dated
but not limited to technology
with invoice number, receipts, proof of
(computers, laptops and related
payment, credit card statements, check
components, microphones,
stubs, cancelled checks, bank statements,
webcams, software); kitchen tools
and any other documents as requested,
and meals; instructional materials
along with Exhibit B.
including but not limited to
books, documents, and
Travel: Documentation for auto usage
notebooks; office supplies-
including (employee name, mileage
postage; office/copier supplies;
record, dates, destination & purpose, map
certification, registration, and
detail); employee reimbursement
training fees including but not
documents (cancelled check, bank
limited to curriculum training,
statement); employee timesheet to
food safety and food insecurity
confirm mileage record matches
training; uniforms; transportation,
timesheet, along with Exhibit B.
mileage, and gas.
US Treasury Expenditure
10% retainage will be held from each pay
Category: EC2.1
request until final monitoring
Collier County Recovery Plan
clearance.
Project Number: CC4.2
Project Component 2: Personnel
Employees (internal): Submission of
Submission of
Expenses including but not
timesheets, SAP payroll reports, and job
monthly invoices.
limited to salaries, benefits, FICA
descriptions for employees' first payroll
for fulltime or partime
only, along with Exhibit B.
employees, overtime (non-
exempt employees), training to
Employees (external): Submission of
include but not limited to staff
Keystaff invoices; back up
and curriculum development and
documentation to include signed and
up to eight additional (extra)
dated timesheets, job description (first
hours per month to train staff,
invoice submission or when new position
nutrition education consultant
created), payroll reports (equivalent to
fees; translation services.
check register/payroll data report)
US Treasury Expenditure
showing employee name, pay rate, hours,
Category: EC2.1
amounts and time; spreadsheet attached,
Collier County Recovery Plan
along with Exhibit B.
Project Number: CC4.2
1.3 PERIOD OF PERFORMANCE
The SUBRECIPIENT services shall start on October 1, 2021, retroactively in accordance with ARP
and Coronavirus Local Fiscal Recovery Appropriation language, and shall end on December 31,
2024 unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies,
and Termination. In accordance with 2 CFR 200 Subpart E — Cost Principles and Section
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan -University Extension Service Division, REACHING MORE -EXTENSION EDUCATION
Page 6
Ck,
C
215.97(1)(d) Florida Statutes, the SUBRECIPIENT, may expend funds authorized by this MOU,
only for allowable costs resulting from obligations incurred during the specific agreement period.
If the SUBRECIPIENT complies with all requirements set forth herein, this MOU shall terminate
December 31, 2024, whereupon all obligations of the SUBRECIPIENT for repayment of funds
shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive
its rights to recover any damages arising from or relating the SUBRECIPIENT's breach of any of
the Grant Documents, including but not limited to this MOU and/or any attachments hereto which
occurred in whole or in part before said termination.
1.4 MOU AMOUNT
The COUNTY agrees to make available ONE MILLION, FNE HUNDRED FORTY -SD{
THOUSAND and .00 CENTS ($1,546,000.00) for use by the SUBRECIPIENT during the term of
the MOU (hereinafter, shall be referred to as the "Funds"), SUBRECIPIENT may use Funds only
for expenses eligible under Section 603(c) of the Social Security Act, specifically the Coronavirus
Local Fiscal Recovery Fund, and further outlined under US Treasury Guidance,
The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to
cover expenses that:
A. Were incurred during the period that begins on October 1, 2021 and ends on December 31,
2024. Funds must qualify as a necessary expenditure incurred due to the public health
emergency and meet the other criteria of Section 603(c) of the Social Security Act.
B. Examples of eligible expenses include, but are not limited to:
i. Responding to or mitigating the public health emergency with respect to the
COVID-19 emergency or its negative economic impacts; and
ii. Providing government services to the extent of the reduction in revenue; and
iii. Making necessary investments in water, sewer, or broadband infrastructure; and
iv. Responding to workers performing essential work during the COVID-19 public
health emergency by providing premium pay to eligible COUNTY workers that
are performing such essential work, or by providing grants to eligible employers
that have eligible workers who perform essential work.
Modification to the "Budget and Scope" may only be made if approved in advance by COUNTY.
Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount
and does not signify a change in scope. Fund shifts that exceed 10 percent of the MOU amount
shall only be made with County Manager approval.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this MOU upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ARP 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 October 1, 2021 through December 31, 2024. Invoices for work performed are required every
month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet
prepared to send the required backup, a $0 invoice is required. Explanations may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but not more frequently than once per month. Reimbursement
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 7
Cp0
will not
occur if SUBRECIPIENT fails to perform the minimum
level of service required
by this
MOU.
Final invoices are due no later than ninety (90) days after the end of the MOU. Work performed
during the term of the program but not invoiced within ninety (90) days after the end of the MOU
may not be processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this MOU for a period of up to 180 days
after the end of the MOU. Extensions must be authorized, in writing, by formal letter to the
SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Reimbursements will only be made for
expenditures that the COUNTY provisionally determines are eligible under the ARP. However, the
COUNTY's provisional determination that an expenditure is eligible does not relieve the
SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined
by the COUNTY or Federal government to be ineligible. Except where disputed for
noncompliance, payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
L5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cos[
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this MOU, 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. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project(s) referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT
contractors and vendors are conditioned upon compliance with the procurement requirements
provided for in 2 CFR 200,318-200,327, Allowable costs incurred by the SUBRECIPIENT and
Contractors shall comply with 2 CFR Subpart E-Cost Principles.
1.6 NOTICES
Notices required by this MOU 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 MOU shall be addressed to the individuals
in the capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carrie Kurutz, Grant Coordinator
Collier County Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan -University Extension Service Division, REACHING MORE -EXTENSION EDUCATION
Page 8
0
Email: Carrie.Kurutz@colliercountyfl.gov
Telephone: (239)252-2644
SUBRECIPIENT ATTENTION: Twyla Leigh, Director
University Extension Service Division
14700 Immokalee Road
Naples, Florida 34120
Email: Twyla.Leigh@colliercountyfl.gov
Telephone:(239)-252-4800
Remainder of Page Intentionally Left Blank
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan -University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 9
CEO
PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available for review, inspection, or audit,
all records, documentation, and any other data relating to all matters covered by the MOU.
SUBRECIPIENT must clear any deficiencies noted in audit reports must within 30 days after
receipt of the report. Failure of the SUBRECIPIENT to comply with the above audit requirements
will constitute a violation of this MOU and may result in the withholding of future payments. The
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning SUBRECIPIENT audits.
The determination of Federal award amounts expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 2 CFR 200.334, Section
602(c) of the Social Security Act, and Section 119.021, Florida Statutes, to determine compliance
with the requirements of this MOU, the ARP Program, and all other applicable laws and
regulations. This documentation shall include, but is not limited to, the following:
A. All records required by ARP regulations.
B. SUBRECIPIENT agrees to execute such further documents as may be required by law or
prepared by the COUNTY to confirm SUBRECIPIENT's MOU.
C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
D. All reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this
MOU shall be made available to the COUNTY, by the SUBRECBPIENT, at any time, upon
request by the COUNTY or CHS. Materials identified in the previous sentence shall be in
accordance with generally accepted accounting principles (GAAP), procedures, and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this MOU, 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 MOU.
E. Upon completion of all work contemplated under this MOU, copies of all documents and
records relating to this MOU 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 submission
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan -University Extension Service Division, REACHING MORE -EXTENSION EDUCATION
Page 10
CAO
of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, and all
funds have been expended, unless any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases
to exist after the closeout of this MOU, the COUNTY shall be informed, in writing, of the
address where the records are to be kept, as outlined in 2 CFR 200.337. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the MOU and destroy any duplicate exempt and/or confidential public
records that and released from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
COUNTY's information technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 11% FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS MOU, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Cox(a)colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
F. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt and/or confidential public records that are
released from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.337 and 2 CFR 200.338.
G. Notwithstanding any provision in the Grant Documents to the contrary, the
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 the SUBRECIPIENT to pay and perform, in full, the obligations set forth
hereunder, but any action taken or not taken by the SUBRECIPIENT as a direct result of
such lack or delay of notice, or of the SUBRECIPIENT's good faith reliance upon a
material inaccuracy therein or the material incompleteness thereof, as the case may be,
shall not in and of itself, and to the extent thereof, constitute an Event of Default hereunder,
so long as the SUBRECIPIENT does not otherwise have or receive notice or knowledge
of the material contents or substance of such notice, or of the intended substance of any
inaccurate or incomplete notice, as the case may be, and the SUBRECIPIENT acts, at all
times, in good faith.
2.3 MONITORING
During the term of this MOU, SUBRECIPIENT shall submit to the COUNTY an Annual Audit
Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end. In
addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management
Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21.17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 11
(CAO
Subrecipients exempt from Single Audit) after the SUBRECIPIEN I 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 MOU
is dependent upon satisfactory evaluations. The 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. The 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 the SUBRECIPIENT in an attempt to mitigate
fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated with
all other applicable laws, regulations, and policies governing the funds provided under this MOU
further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute
noncompliance with this MOU. If corrective action is not taken by the SUBRECIPIENT within a
reasonable period after being notified by CHS, MOU suspension or termination procedures will be
initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General, the
Government Accountability Office, the Florida Auditor General, the COUNTY, the COUNTY's
internal auditor(s), or their representatives access to all records related to performance of activities
in this MOU.
2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent,
detect, and correct incidents of fraud, waste, and abuse in the performance of this MOU, and to
provide for the proper and effective management of all Program and Fiscal activities of the MOU.
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 MOU.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
fraud, waste, and abuse.
SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False
Claims and Statements, applies to the actions, pertaining to this contract, of the SUBRECIPIENTS
and its contractors.
SUBRECIPIENT understands that making false statements or claims in connection with this award
is in violation of Federal law and may result in criminal, civil, or administrative sanctions including
Ernes, imprisonment, civil damages and penalties, debarment from participating in Federal awards
or contracts, and/or any other remedy available by law.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this MOU, or of any law or regulation to COUNTY or to any appropriate
law enforcement authority, if the report is made in good faith.
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 12
ONO
In accordance with 41 USC Section 4712, SUBRECIPIENT may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons
or entities provided below, information that the employee reasonably believes is evidence of gross
mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
relating to a federal contract or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a federal contract (including the competition for
or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes: a member of Congress
or a representative of a committee of Congress; an Inspector General; the Governmental
Accountability Office; a Treasury employee responsible for contract or grant oversight or
management; an authorized official of the Department of Justice or other law enforcement agency;
a court or grant jury; or a management official or other employee of COUNTY, SUBRECIPIENT,
contractor, or subcontractor who has the responsibility to investigate, discover, or address
misconduct.
SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
2.5 DUPLICATION OF BENEFITS
In consideration of SUBRECIPIENT's receipt of funds from the COUNTY, the 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 any other Federal or State program to the extent
that proceeds paid to SUBRECIPIENT under this MOU, and determined in the sole discretion of
the COUNTY to be a Duplication of Benefits (DOB). This shall be defined as financial assistance
available to the SUBRECIPIENT that can be used to pay the costs described under Budgeted Costs
for the scope of work described in this MOU 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 MOU. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for noncompliance is as follows:
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 13
• 11)
1. Initial noncompliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan to be submitted to
the COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECB?IENT fails to submit the corrective action plan to the COUNTY in a
timely manner, CHS may require a portion of the awarded grant amount be
returned to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY, at the discretion of the Board.
The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS 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, be
returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount be returned to
the COUNTY, at the discretion of the Board,
• The SUBRECIPIENT will be considered in violation of Resolution No.
2013-228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliantI CHS may recommend the MOU or award be terminated.
CHS will make a recommendation to the Board to immediately terminate the
contract or MOU. The 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.
• The SUBRECIPIENT will be considered in violation of Resolution No.
2013-228.
If the SUBRECIPIENT has multiple agreements with the COUNTY, and is found
to be noncompliant, the above sanctions may be imposed across all awards at the
Board's discretion.
2.7 REPORTS
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 14
C,\O
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this MOU, and on the resolution of monitoring findings identified pursuant to this
MOU, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the loth day of January, April, July, and October. As part of the report submitted at
the end of the project, the SUBRECIPIENT agrees to include a comprehensive final report covering
the agreed -upon Program objectives, activities, expenditures and expenditure categories, evidence -
basis, impact evaluation metrics, and Key Performance Incidators (KPI) defined by
SUBRECIPIENT and the Evidence Based and Impact Evaluation Team. Exhibit C contains a
reporting form to be used in fulfillment of this requirement. Expenditure Categories are subject to
change based on future guidance from the Treasury. If that occurs, additional reporting
requirements may be necessary. Other reporting requirements may be required by the County
Manager or designee if the Program changes, the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement,
The Federal Guidance for these activities as of August 31, 2021 exists within the "Compliance and
Reporting Guide: State and Local Fiscal Recovery Funds." The COUNTY has translated these
guidelines into its Recovery Plan, which outlines major Expenditure Categories, Goals, target
populations served, and KPIs.
SUBRECIPIENT must ensure that the project fulfills the requirements of the Recovery Plan, and
may need to work with the Evidence -Base and Impact Evaluation Team to fully define evidence
base, KPIs, and an Impact Evaluation framework. SUBRECIPIENT should consult with the
COUNTY's Grant Coordinator to determine the required inputs along these lines.
SUBRECIPIENT must work with the COUNTY Evaluation and Data Analysis Team to determine
sufficient evidence -base citations for project activities, and to set impact evaluation and key
performance indicators.
Remainder of Page Intentionally Left Blank
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan -University Extension Service Division, REACHING MORE -EXTENSION EDUCATION
Page IS
CAO
PART III
TERMS AND CON
3.1 SUBCONTRACTS
No part of this MOU may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
Any assignee shall be bound by all the terms of this assigned documents.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of the ARP, Section G03 (c) of the
Social Security Act. The SUBRECIPIENT also agrees to comply with all other applicable laws,
regulations, and policies governing the funds provided under this MOU, including the requirement
to follow the federal procurement process. The SUBRECIPIENT further agrees to utilize funds
available under this MOU to supplement rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this MOU is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an "independent contractor" with respect to the services to be performed under
this MOU. 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 MOU, at any time, provided that such
amendments make specific reference to this MOU, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the COUNTY'S governing body.
Such amendments shall not invalidate this MOU, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this MOU.
The COUNTY may, in its discretion, amend this MOU to conform with Federal, State, or Local
governmental guidelines, policies, and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to
be undertaken as part of this MOU, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
No modification or waiver of any provision of the Grant Documents, nor consent to any departure
by the SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in
writing, and such waiver or consent shall be effective only in the specific instance and for the
purpose for which given. No failure or delay on the part of the COUNTY in exercising any right,
power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor
shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise
of any other right, power, or privilege.
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan -University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 16
C. At1'
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from Department of Treasury ARP grant funds,
as provided by the Department of Treasury, 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 ARP funds pertaining to this MOU. 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 the
SUBRECIPIENT all or any portion of the funds will not be available. In either event, the COUNTY
may terminate this MOU, which termination shall be effective as of the date that it is determined
by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no
longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look
to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or
County Administration, personally liable for the performance of this MOU, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this MOU.
The SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due
to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned,
granted, or assigned to any party and shall in no event be used for any purpose prohibited by the
Grant Documents or Regulations.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this MOU. This indemnification obligation shall not be construed to negate,
abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue
thereon. This Indemnification shall survive the termination and/or expiration of this MOU. 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 MOU.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports, and similar
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
UNIVERSITY EXTENSION SERVICE DIVISION
ARP2l-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 17
"FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY, UNDER FEDERAL
AWARD NUMBER 596000558, AND COLLIER COUNTY COMMUNITY AND ADMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT1 This design
concept is intended to disseminate key information regarding the development team, to the general
public.
3.8 DEBARMENT AND SUSPENSION
The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency, and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction, as outlined in OMB
Guidelines to Agencies on govemmentwide Debarment and Suspension (non -procurement), 2 CFR
Part 180, including the requirement to include a term or condition in all lower tier covered
transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is
subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part 19,
3.9 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.340, this MOU may be terminated for convenience by either the
COUNTY or the 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, if in the case of a partial termination, the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety. This MOU 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 MOD,
in compliance with 2 CFR 200, Appendix
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
MOU.
C. Ineffective or improper use of funds provided under this MOU.
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 MOU.
UNIVERSITY EXTENSION SERVICE DIVISION
ARP2l•17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 18
CAtt
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and SUBRECIPIENT relating to the project.
H. The SUBRECIPIENT assigns this MOU 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 MOU or the Grant shall
prove to be false in any material respect.
J. If material adverse changes occur in the financial condition of the SUBRECIPIENT at any
time during the MOU, and the SUBRECIPIENT fails to cure this adverse condition within
thirty (30) days from the date written notice is sent by the COUNTY.
In the event of any default by SUBRECIPIENT under this MOU, 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 MOU, in whole or in part.
B. Require immediate repayment to the COUNTY of all Grant funds that SUBRECIPIENT
has received under this MOU, as set forth in Section 1.4.
C. Apply sanctions, if determined by the COUNTY to be applicable.
X Stop all payments, until identified deficiencies are corrected.
E. Terminate this MOU by giving written notice to SUBRECIPIENT of such termination and
specifying the effective date of such termination. If the MOU 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 MOU.
3.10 REVERSION OF ASSETS
In the event of a termination of this MOU and in addition to any and all other remedies available
to the COUNTY (whether under this MOU, or at law, or in equity), the SUBRECIPIENT shall
immediately transfer to the COUNTY any property on hand at the time of termination and any
accounts receivable attributable to the use of 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 MOU until all
required insurance, as outlined in Exhibit A and 2 CPR 200.310, has been obtained. Said insurance
shall be carried continually during SUBRECIPIENT's performance under the MOU.
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 19
3.12 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Part I), the Uniform Administrative Requirements, and Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal
200.327) and/or Collier County's Procurement
below. The current purchasing thresholds are:
Federal PrnnuremenY Standards[
Procurement standards
(2
CFR 200.318
through
Ordinance #2017-08,
as
amended, as
outlined
Ran e:
Method/Com etition Re aired
$0 - $102000
Micro -Purchase
$102001 - $2505000
Small Purchase
$2505001+
1 Sealed Biddin
r'nlliPr ('.minty PrnrtnrP.ment Standards•
Range:
Coin etition Re aired
$0 - $50,000
13 Written Quotes
$502001+
Formal Solicitation ITB, RFP, etc.
The SUBRECIPIENT shall enter contracts for purchases with the lowest, responsible, and qualified
bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS,
which shall have access to all records and documents related to the project.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase, acquisition, or use of goods, products, or materials produced
in the United States.
In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323.
All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or
put out to competitive bidding, under a procedure acceptable to COUNTY and Federal
requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and
qualified bidder. Contract administration shall be conducted by the SUBRECIPIENT and
monitored by CHS, which shall have access to all records and documents related to the Project.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of
Treasury funds disbursed under this MOU, such Program Income shall be utilized by the
SUBRECIPIENT for ARP -eligible activities, approved by COUNTY. Any "Program Income" (as
such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT
activity funded by ARP funds shall be reported to the COUNTY through an annual program income
re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR
200.307. When oroeram income is generated by an activity that is only partially assisted with
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan -University Extension Service Division, REACHING MORE -EXTENSION EDUCATION
Page 20
CAtI
ARP funds, the income shall be prorated to reflect the percentage of ARP funds used. In the
event there is a program income balance at the end of the Program Year, such balance shall revert
to the COUNTY's ARP program, for further reallocation.
Purchase of Equipment: Equipment under the SUBRECIPIENT'S control that was acquired or
improved, in whole or in part, with ARP funds shall be used to navigate the impact of the COVID-
19 outbreak, during the term of this MOU. If the purchase of the asset was consistent with the
limitations on the eligible use of funds provided by section 603 (c) of the Social Security Act, the
SUBRECIPIENT may retain the asset. If such assets are disposed of prior to December 31, 2024,
the proceeds would be subject to the restrictions on the eligible use of payments from the Fund
provided by section 603 (c) of the Social Security Act,
3.15 GRANT CLOSEOUT
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY after the 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, the SUBRECIPIENT shall comply
with Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention.
A conflict between state and federal records retention law 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
MOU must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must
take place in accordance with 2 CFR 200.344.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity canied out by the performance of this MOU 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 MOU.
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.ri OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
MOU. As used in this MOU, the term "small business" means a business that meets the criteria set
forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and
women's business enterprise" means a business at least 51 percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority group members"
UNIVERSITY EXTENSION SERVICE DIVISION
ARP2147
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 21
CAtI
are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -
Americans, and American Indians. The SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
3.18 AFFD2MATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966, as amended. The SUBRECIPIENT shall submit a
pIan for an Affirmative Action Program for approval prior to the award of funds. An Affirmative
Action Program updated during the term of the MOU must be submitted to the COUNTY within
30 days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this MOU, and that no person having any conflict of interest
shall be employed or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all Conflict of Interest provisions of 2 CFR 200.318(c), and the State and County
statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit the SUBRECIPIENT's ability to self -manage the projects using its own
employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.20 BYRD ANTI -LOBBYING AMENDMENT
Each tier certifies that the tier above it will not and has not used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of federal funds,
as covered by 31 USC 1352, as more fully described in Section 4.32 of this MOU. Contractors who
apply or bid for an award of $100,000 or more shall file the required certification.
3.21 RELIGIOUS ORGANIZATIONS
ARP 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,
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 22
CEO
2002, as amended. The SUBRECIPIENT shall comply with First Amendment Church/State
principles as follows:
A. It will not discriminate against any employee or applicant for employment based on
religion and will not limit or give preference in employment to persons on the basis of
religion.
B. It will not discriminate against any person applying for public services based on religion
and will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct ARP 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, ARP 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 ARP funds in this part. Sanctuaries, chapels, or other rooms that an ARP
funded religious congregation uses as its principal place of worship, however, are ineligible
for ARP funded improvements.
3.22 INCIDENT REPORTING
If services to
clients are to
be provided
under this MOU, the
SUBRECIPIENT and any
subcontractors
shall report to the COUNTY
knowledge or reasonable
suspicion of abuse, neglect,
or exploitation
of a child, aged
person, or disabled person.
3.23 SEVERABILITY
Should any provision
of the MOU be
determined to
be unenforceable or
invalid, such
determination shall not
affect the validity
or enforceability
of any other section or
part thereof.
3.24 MISCELLANEOUS
The SUBRECIPIENT and COUNTY
each
binds
itself,
its partners, successors,
legal
representatives, and assigns of such other
parry in
respect
to all
covenants of this MOU.
The SUBRECIPIENT represents and warrants thatthe financial data, reports, and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly represent the financial position of the SUBRECIPIENT.
The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this MOU
and that its governing body has authorized the execution and acceptance of this MOU. The
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind the SUBRECIPIENT to the terms of this MOU.
[JNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 23
CNO
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida, without giving effect to its provisions regarding choice of laws.
All activities authorized by this MOU shall be subject to and performed in accordance with the
provisions of the terms and conditions of the MOU between the COUNTY, the Regulations, all
applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines,
including but not limited to any applicable regulations issued by the Treasury.
Electronic Signatures. This MOU, ancillary to this MOU, and related documents entered into in
connection with this MOU 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
UNIVERSITY EXTENSION SERVICE DIVISION
AlU'21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 24
Cm)
PART IV
GENERAL PROVISIONS
4.1 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https•//wwwecfrgov/cgi-bin/text-idxvtpl=/ecfrbrowse/TitleO2/2cfi200 main 02.to1
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 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.iustice.gov/crt/fair-housing-act-I
Executive Order 11063 — Equal Opportunity in Housing https://www.archives.yov/federal-
register/codification/executive-order/ 11063.htntl
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https•//www archives goy/federal-register/codification/executive-order/12259.html
4.4 https://www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra Public Law 100-430 -the Fair
Housing Amendments Act of 1988. https://www.ncbi.nim.nih.goy/pubmed/I 2289709
4.5 Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d) et seq., and Treasury's implementing
regulation at 31 CFR Part 22), as amended, Title VIII of the Civil Rights Act of 1968, as amended
https://www.hud gg3 /programdescrit)tion/title6
4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/exectitive-order- I 1246/as-amended
EO 11375 and 12086: see item #8 below
4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
hftps://www.hud.gov/programdescriptiort/title6
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 25
CAO
4$8 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et, seq.) and Treasury implementing
regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086,
Age Discrimination Act of 1975
hos://Nvww.law.coriiell.edu/liscode/text/42/cliapter-76
11246: https://www.dol.g_ov/ofccp/reds/statutes/coI1246.htm
11375: Amended by EO 11478
11478;
httns
//www archives
goy/federal-register/codification/executive-order/I
1478.htm1
12107:
https•//www.archives.gov/federal-register/codification/executive-order/12107.html
12086:
https•//www
archives
gov/federal-register/codification/executive-order/12086.htmi
4.9 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5)
Section
504:
https:/Jwenv.epa.gov/ocr
29 USC
776:
https:Hlaw.onecle.com/uscode/29/776.html
4.10 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et
seq. littp:Hlibrary.clerk.hoLise.gov/reference-files/PPL 101 336 AmericansWithDisabilities.pdf
hftps://www.law.comell.edu/uscode/text/42/12101
4.11 Immigration Refonn and Control Act of 1986
https://www.ccoe.gov/eeoc/history/35th/thelaw/irea.htmi
4.12 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/stattites/florida statutes chapter 112 part iii
Collier County-
http:/hvww.coll iergov.netthome/showdocum ent? id=3 513 7
4.13 Order ofPrecedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the MOU shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the MOU.
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 MOU, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at Owner's
discretion.
4.14 Venue -Any suit of action brought by either party to this MOU against the other party, relating to
or arising out of this MOU, 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).
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 26
4.15 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this MOU 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 MOU, 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 MOU 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 MOU, 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 MOU.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.16 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to
report each violation for the following:
a. Clean Air Act, 41 USC 7401, et seq, https://www. ovg itifo.gov/content/pk¢JUSCODE-
2010-title42/htm I/USCODE-2010-t itle42-chap 85, htm
https://www,law.comell.edu/uscode/text/42/chi!pter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.povinfo.gov/content/pkdUSCODE-2011-titic33/pdf/USCODE-201 I-title33-
chap26.pdf
https://W W W.IaW.COI'nelLedu/uscode/text/33/chapter-26
4.17 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701) and Treasury implementing regulations at 31
CFR Part 20.
https://www.gpo.gov/fds}_s/granule/USCODE-2009-title4l/USCODE�2009-title4l-chapl0-
sec701
4.18 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.xhtml?req=granuleid:USC-1999-title40-section276a-
78enum=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
hftps://www.law.comell.edu/cfr/text/29/part-3
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan -University Extension Service Division, REACHING MORE -EXTENSION EDUCATION
Page 27
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)
hops•//www law comell.edu/cfr/textt29/part-5
4.19 Asa 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 U.S.C. 874 his•//www ovg info gov/conteiittpkWUSCODE-2010-titlel8/pdf/USCODE-2010-
title I8.udf
40 U.S.C. 276c https•//uscode house gov/view xhtmhreq=granuleid:USC-I999-title40-
section276c&num=0&edition=1999
4.20 The SUBRECIPIENT agrees to comply with the Compliance with the Contract Work Hours and
Safety Standards Act, as contained in 29 CFR 5.5, including overtime requirements, liability for
unpaid wages, withholding of unpaid wages and responsibility for compliance by subcontractors,
littps://www.ccfl 4 tiov/etti-bin/text-idxt&node=pt24.4.5#se24.1.5 1500
4.21 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR
200.213. These regulations restrict awards, subawards and contracts with certain parties that are
debarred, suspended, or otherwise excluded from or ineligible to [participate in Federal assistance
programs and activities.
Pursuant to 2 CFR Part 25, Appendix A, Universal Identifier and System for Award Management
(SAM), a contract award must not be made to parties listed in the SAM Exclusions. SAM
Exclusions is the list maintained by the General Services Administration that contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
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
httos://www.ecfr, aov/cgi-
bin/retrieveECFR?en=&SID=c3a97c97ac42f9c05af52a7ea2f3d005&mc=true&n=Vt2.1.200&r=P
ART&ty=HTML#se2.1.200 1213
hftns•//www archives gov/federal-mister/codification/executive-order/12549.htnil
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 28
CAO'
4.22 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.
4.23 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 20003442 if this MOU 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.
hags://www. ecfr. aov/cai-bin/text-
idx?S ID=5 a78ad defff9a535e83 fed3 010308aef&mc=true&n ode=se2.1.200 l 344&rgn=d iv 8
4.24 As provided in § 287.133, Florida Statutes, by entering into this MOU 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.tis/Statutes/iiidex.cfin?App mode --Display Statute&Search String—&UR
L=0200-0299/0287/Sections/0287.133.htm I
4.25 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated
funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
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.
4.26 Any rule or regulation determined to be applicable by the Treasury.
t1NIVERSITY EXTENSION SERVICE DIVISION
ARP2t-l7
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 29
4.27 Florida Statutes 119.021 Records Retention
littp://www.log.state.fl.us/Stattites/iiidex.cfiii?App mode=Display Stahrte&URL=0100-
0199/0119/Secti ons/0119.021.htm I
4.25 Florida Statutes 119.061 Travel, using approved state travel voucher
littp://%vww.leg.state.fl.us/statutes/iiidex.cfiii?App mode=Display Statute&URL=0100-
0199/0112/Sections/01 I2.06 Lhtml
4.29 Florida Statutes, 119.071, Contracts and Public Records
http://xvww.leg.state.fl.us/Statutes/index.cfm?Apn mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
4.30 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this MOU for persons with
limited English proficiency pursuant to information located at http://www.lep.cov.
4.31 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https://oip.eov/about/ocr/pdfs[UseofConviction Advisorv.pdf for more details.
4.32 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352, Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its
officers, employees and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative
body. None of the funds provided under this MOU shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures. hops://www.law.cornrll.edu/uscode/text/31/1352
4.33 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.
11NIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 30
4.34 Political Activities Prohibited: None of the funds provided directly or indirectly under this MOU
shall be used for any political activities or to further the election or defeat of any candidates for
public office. Neither this MOU 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.
4.35 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.
4.36 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:
littps•//ojp.pov/fundbi Explore/ProllibitedCondtict-Trafficking.litm.
4.37 Seat Belt Use: The SUBRECIPIENT agrees to encourage its contractors to adopt and enforce the -job seat belt policies and programs for their employees when operating company -owned,
rented, or personally owned vehicles, per Executive Order 13043, 62 FR 19217 (April 18, 1997),
4.38 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.
4.39 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/cRi-
bin/retrieveECFR7ap=&SID=a004b6bt20934ace7a7l7de76I dc64c0&ntc=true&n=pt37.1.40I &r
=PART&ty=HTML
4.40 Whistleblower Protections:
A. In accordance with 41 U.S.C. § 4712, the COUNTY may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes is
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 31
DO
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:
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; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
C. The COUNTY shall inform its employees in writing of the rights and remedies provided
under this section, in the predominant native language of the workforce.
(Signature Page to Fallow)
UNIVERSITY EXTENSION SERVICE DIVISION
ARP2l-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 32
C:AO
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.
COLLIER COUNTY COM ITY AND
HUMAN SEPV�ES DIVISAON
Date: `p � I
COLLIER COUNTY PUBLIC SERVICES
DEPARTMENT HEAD
Date: � • oq. ?.YL Z.
UNIVERSITY EXTENSION SERVICE DIVISION
I'
i
This sub -award agreement executed by the
County Manager or Designee pursuant to
Agenda Dated 06/22121, Item No. 11.11.
p oveLato fom a gality:
rek D. Perry
Assistant County Attorney
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan "University Extension Service Division, REACHING MORE- EXTENSION EDUCATION
Page 33
(:A(1
PART V
EXHIBITS
lDK�01I:IYYI:1
INSURANCE REQUHiEMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this MOU, 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 I — 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 SUBRECB'IENT 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 buildings) 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
UNIVERSITY EXTENSION SERVICE DIVISION
ARP2l-i7
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 34
1O
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 MOU:
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
MOU in an amount
not
less than
$1,000,000 combined single
limit
for
combined Bodily Injury and Property Damage.
10. Properly 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.
[JNIVERSITY EXTENSION SERVICE DIVISION
ARP2Id7
American Rescue Plan -University Extension Service Division, REACHING MORE -EXTENSION EDUCATION
Page 35
CAO
EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: University Extension Service Division
SUBRECIPIENT Address: 14700 Immokalee Road, Naples, Florida 34120
Project Name: American Rescue Plan -University Extension Service Division, REACHING MORE —
EXTENSION EDUCATION (ARP21-17)
Project No: CC4.2 Payment Request 4
Total Payment Minus Retainage
Period of Availability: October 1, 2021_ through December 31, 2024
Pericd 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 hue, complete
and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in
the term and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the
omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements,
false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812; and/or
Title VI, Chapter 68, Sections 68.081-083, and Title XLVI Chapter 837, Section 837-06).
Signature
Title
Date
Authorizing Gran[ Coordinator Authorizing Grant Accountant
Supervisor (Approval required $I5,000 and above) Division Director (Approval Required $ I5,000
and above)
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan -University Extension Service Division, REACHING MORE -EXTENSION EDUCATION
Page 36
Ct,
EXIHBIT C
AMERICAN RESCUE PLAN (ARP)
QUARTERLY PROGRESS REPORT
Report Period:
Fiscal Year:
Agreement Number:
ARP21-17
SubrecipientName:
Collier County University Extension
Program
American Rescue Plan — University Extension Service Division,
REACHING MORE — EXTENSION EDUCATIN (ARP21-17)
Contact Name:
Contact Telephone Number:
Ac[ivi
Re ortin Period
Re or[ Due Date
October
I" —December 3 1
Janu 10i6
January
1"— March 3l"
A ri110'"
April l°'—June30a
Jul 10'"
July 1"—September
301h
1 October 10'
Characteristics Report
1. Report Selection Criteria
Number of Participants by Ethnicity
Current Quarter
To Date
Race
Non-
His anic
Hispanic
Non-
His anic
Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Pro'ect Expenditures/Within ualified Census Tract CT
Category
Funds Expended Current
Quarter
Funds Expended
To Date
Public Health
In OCT
Other
In OCT
Other
N/A
N/A
N/A
Ne ative Economic Impacts
N/A
[JNIVERSITY EXTENSION SERVICE DIVISION
ARP2I-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 37
(;A(1
Services to Disproportionately Impacted
Communities
EC2.1: (Household Assistance: Food
Programs)
EC2.1: (Household Assistance: Food
Programs)
Total Expenditures
3. Evidence -Based Project Expenditures:
Program Name
Funds Expended
Current Quarter
Funds Expended
To Date
EC2.1: Household Assistance: Food Programs)
EC2.1: Household Assistance; Food Programs)
EC2.1: Household Assistance: Food Programs)
Total Evidence -Based Expenditures
4. Kev Performance Indicators:
Project Outcomes
Component I and 2:
Funds for Equipment, Materials, Supplies, Travel and Personnel shall be
used to primarily serve disadvantaged communities and support the
following outcomes:
• Number of participants planning healthy meals based on MyPlate
recommendations
• Number of participants in nutrition education programs who report
an increase their knowledge of meal preparation and how fruits and
vegetables support nutrition for improved health
• Participants report an increased consumption of fruits, vegetables,
(or healthy meals that meet FDA dietary guidelines) and purchases
of healthy foods by participants
Project Outputs
Component 1 and 2:
Funds for Equipment, Materials, Supplies, Travel and Personnel shall be
used to primarily serve disadvantaged communities and determine the
following outputs included in data reports:
• Number of individuals participating in evidence -based nutrition
education programs
Evidenced -Based and
Impact Evaluation Team
Meeting Date:
Impact Evaluation Plan
Detail Update:
[INIVERSITY EXTENSION SERVICE DIVISION
ARP2l-17
American Rescue Plan" University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 38
( ,Ul
5. Project Progress:
your progress and any impediments experienced during the reporting
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:
Printed Name:
Title:
Date:
NOTE: This form subject to modification based on Treasury guidance.
Your typed name here rearesents your electronic sienature.
UNIVERSITY EXTENSION SERVICE DIVISION
ARP2l-17
American Rescue Plan -University Extension Service Division, REACIIEVG MORE •EXTENSION EDUCATION
Page 39
t;AU
EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to
determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly,
Collier County requires that all appropriate documentation is provided regarding your organization's
compliance. In determining Federal awards expended in a fiscal year, the entity must consider all
sources of Federal awards based on when the activity related to the Federal award occurs, including
any Federal award provided by Collier County. The determination of Federal award amounts expended
shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit
Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements.
Subrecipient
COLLIER COUNTY UNIVERSITY EXTENSION
Name
First Date of Fiscal Year
MM/DD/YY
Last Date of Fiscal Year MMIDD/YY
Total Federal Financial Assistance
Total State Financial Assistance Expended during
Expended during most recently completed
most recently completed Fiscal Year
Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
❑
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
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan -University Extension Service Division, REACHING MORE -EXTENSION EDUCATION
Page 40
(:t%O
G
Exhibit E
Assurances of Compliance with Civil Rights Requirements
Assurances of Compliance with Title VI of the Civil Rights Act of 1964
As a condition of receipt of Federal financial assistance from the Department of Treasury, the
SUBRECIPIENT of this MOU (hereinafter referred to as SUBRECIPIENT) provides the
assurances stated herein. The Federal financial assistance may include Federal grants, loans, and
contracts to provide assistance to the SUBRECIPIENT' S beneficiaries, the use or rent of Federal
land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
and other arrangements with the intention of providing assistance. Federal financial assistance
does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal Government at market value, or programs that provide direct
benefits.
The assurances apply to all Federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the SUBRECIPIENT may request in the
future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to
all of the operations of the SUBRECIPIENT's program(s) and activity(ies), so long as any portion
of the SUBRECIPIENT's program(s) or activity(ies) is Federally assisted in the manner prescribed
above.
A. SUBRECIPIENT ensures its current and future compliance with Title VI of the Civil
Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of
the benefits of, or subjection to discrimination under programs and activities receiving
federal financial assistance, of any person in the United States on the ground of race, color,
or national origin (42 USC § 2000d et seq.), as implemented by the Department of the
Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such
as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance
documents.
B. SUBRECIPIENT acknowledges that Executive Order 13166, "Improving Access to
Services for Persons with Limited English Proficiency," seeks to improve access to
Federally assisted programs and activities for individuals who, because of national origin,
have Limited English Proficiency (LEP). SUBRECIPIENT understands that denying a
person access to its programs, services, and activities because of LEP is a form of national
origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, SUBRECIPIENT
shall initiate reasonable steps, or comply with the Department of the Treasury's directives,
to ensure that LEP persons have meaningful access to its programs, services, and activities.
SUBRECIPIENT understands and agrees that meaningful access may entail providing
language assistance services, including oral interpretation and written translation where
necessary, to ensure effective communication in the SUBRECIPIENT's programs,
services, and activities.
UNIVERSITY EXTENSION SERVICE DIVISION
AlIP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 41
C. SUBRECIPIENT agrees to consider the need for language services for LEP persons when
SUBRECIPIENT develops applicable budgets and conducts programs, services, and
activities. As For more information on taking reasonable steps to provide meaningful
access for LEP persons, please visit http://www.Igp.gov.
D. SUBRECIPIENT acknowledges and agrees that compliance with the assurances
constitutes a condition of continued receipt of Federal financial assistance and is binding
upon SUBRECPIENTand its successors, transferees, and assignees for the period in which
such assistance is provided.
E. SUBRECIPIENT acknowledges and agrees that it must require any sub -grantees,
contractors, successors, transferees, and assignees to comply with assistances 14 above,
and agrees to incorporate the following language in every contract or agreement subject to
Title Vol and its regulations between the SUBRECIPIENT and the its sub -grantees,
contractors, subcontractors, successors, transferees, and assignees:
The sub -grantee, contractor, subcontractor, transferee, and assignee shall comply
with the Title VI of the Civil Rights Act of 1964, which prohibits recipients of
Federal financial assistance from excluding from a program or activity, denying
benefits of, or otherwise discriminating against aperson on the basis ofrace, color,
or national origin (42 USC § 2000d et seq), as implemented by the Department of
the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated
by reference and made apart of this contract (or agreement). Title VI also includes
protection to persons with "Limited English Proficiency" in any program or
activity receiving Federal financial assistance, 42 USC § 2000d et seq., as
implemented by the Department of Treasury's Title VI regulations, 31 CFR Part
22, and herein incorporated by reference and made a part of this contract or
agreement.
F. SUBRECIPIENT understands and agrees that if any real property or structure is provided
or improved with the aid of federal financial assistance by the Department of the Treasury,
this assurance obligates the SUBRECIPIENT, or in the case of a subsequent transfer, the
transferee, for the period during which the real property or structure is used for a purpose
for which the Federal financial assistance is extended or for another purpose involving the
provision of similar services or benefits. If any personal property is provided, this assurance
obligates the SUBRECIPIENT for the period during which it retains ownership or
possession of the property.
G. SUBRECIPIENT shall cooperate in any enforcement or compliance review activities by
the Department of the Treasury of the aforementioned obligations. Enforcement may
include investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. The SUBRECIPIENT shall comply with
information requests, on -site compliance reviews and reporting requirements.
H. SUBRECIPIENT shall maintain an complaint log and inform the Department of the
Treasury of any complaints of discrimination on the grounds of race, color, or national
origin, and limited English proficiency covered by Title Vol of the Civil Rights Act of 1964
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21.17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 42
and implementing regulations and provide, upon request, a list of all such reviews or
proceedings based on the complaint, pending or completed, including outcome.
SUBRECIPIENT also must inform the Department of the Treasury if SUBRECIPIENT
has received no complaints under Title VI.
I. SUBRECIPIENT must provide documentation of an administrative agency's or court's
findings of non-compliance of Title VI and efforts to address non-compliance, including
any voluntary compliance or other agreements between the SUBRECIPIENT and the
administrative agency that made the finding. If the SUBRECIPIENT settles a case or
matter alleging such discrimination, the SUBRECIPIENT must provide documentation of
the settlement. If SUBRECIPIENT has not been the subject of any court or administration
agency finding of discrimination, please so state.
If the SUBRECIPIENT makes sub -awards 40 other agencies or other entities, the
SUBRECIPIENT is responsible for ensuring the subrecipients also comply with Title VI
and other applicable authorities covered in this document. State agencies that make sub -
awards must have in place standard grant assurances and review procedures to demonstrate
that they are effectively monitoring the civil rights compliance of subrecipients.
The United State of America has the right to seek judicial enforcement of the terms of this
assurances document and nothing in this document alters or limits the federal enforcement
measures that the Unites States may take in order to address violations of this document or
applicable Federal law.
UNIVERSITY EXTENSION SERVICE DIVISION
ARP21-17
American Rescue Plan - University Extension Service Division, REACHING MORE - EXTENSION EDUCATION
Page 43
t:M)
E9
District IST: Food Systems in Collier County
Goal• Learn how UF/IFAS Extension is facilitating a strong food system in Collier County through the lens of agriculture,
incubator kitchen, farmer networks, and local food distribution; Network with county and state agents with similar county
programming.
When: Thursday, June 2"a at 12:00 PM- Friday, one 3.a at 12:00 PM
Where: ImmokaleeandNaples, FL (agenda below)
Registration: is required. Includes two lunches and snacks. Registerhere: Food System in Collier County, June 2 -3,
2022 Registration, Thu, Jun 2, 2022 at 12:00 PM I Eventbrite
Accommodations: will be
covered by
District funds.
Please note that $175 is the limit for hotels. Hotels exceeding
expense will need to come
out of your
182 account.
Hampton Inn I-75: 2630 Northbrooke Plaza Dr, Naples, FL 34119 � $155
Hampton Inn Hotel atNaples-I-75, FL (hilton.com)
TownePlace Suites by MarriottNaples
5425 Juliet Blvd, Naples, FL 34109 � $185
Contact: For details on wodcshop contact Jess Ryals 239-252-4811 or jessicaryals(a ufl.edu
Agenda:
Thursday, June 2"a
Meet at the Southwest Research and Education Center (SWREC)
2685 FL-29, Immokalee, FL 34142
12:00
Lunch @ SWREC
SWREC 2685 FL-29,
Provided by Brenda Rogers
PM
Immokalee, FL 34142
1:00
SWREC Faculty
Matt Krug/ Gene McAvoy /
Kim Morgan
1:30
The Culinary Accelerator @ Immokalee Tour
170 Airpark Boulevard
Matt Krug/ Ahmed El
The Culinary Accelerator CollierEDO
Suite 103, Immokalee, Florid
34142
4:30
Seed to Table Seed To Table Market -Oakes
14835ImmokaleeRd, Naples,
Dinneronyourown
Farms
FL 34110
Friday, June 3ra
Meet at UF/IFAS Extension Collier County office
14700 Immokalee Road, Naples, FL
9:00AM
Welcome/Collier Food System
14700ImmokaleeRoad,
a les, FL
wylaLeigh/JessRyals
9:30
Share your county foods stem
Jess R als
10:00-
noon
Breakout sessions
Shari Bresin /Crystal
Snodgrass
Noon
Lunch and networking
Provided by Brenda Rogers
FAIN #
SLT-1155
Federal Award Date
March 11 2021
Federal Award Agency
Department of Treasury
ALN Name
Coronavirus Local Fiscal
Recovery Fund
ALN/CSFA#
21.027
Treasury Expenditure
Category
EC2.24
Collier County Recovery
Plan Project Number
CC4.3
Total Amount of Federal
Funds Awarded
$561,490.00
SUBRECIPIENT Name
Collier County Museums
UEI#
J W KJ KYRPLLU6
FEIN
596000558
R&D
No
Indirect Cost Rate
No
Period of Performance
October 1, 2021 — December
31, 2024
Fiscal Year End
09/30
Monitor End:
December 2026
MEMORANDUM OF UNDERSTANDING
BETWEEN
COLLIER COUNTY
AND
COLLIER COUNTY MUSEUM DIVISION
American Rescue Plan (ARP) Act
Coronavirus Local Fiscal Recovery Fund
THIS MOU is made and entered into this _9th_ day of May 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 Collier County Museum Division,
(SUBRECIPIENT), having its principal office at 3331 East Tamiami Trial Naples, Florida 34112.
WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed
into law on March 11, 2021. Included in the legislation was $350 billion to establish the Coronavirus State
and Local Fiscal Recovery Fund (SLFRF); and
WHEREAS, the COUNTY has entered into an agreement with the United States Treasury
Department (Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP),
pursuant to the Coronavirus State and Local Fiscal Recovery Fund (SLFRF), Section 603 (c) of the Social
Security Act; and
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page r
WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities
to assist the community in navigating the impact of the COVID-19 outbreak; and
WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the
SUBRECIPIENT, is qualified to receive Program funding; and
WHEREAS,
the COUNTY
and SUBRECIPIENT wish
to set
forth the
responsibilities and
obligations of each in
the undertaking
of the American Rescue Plan
(ARP)
project.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for
other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a
Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and
agreements herein set forth.
PARTI
SCOPE OF WORK
The SUBRECB'IENT shall, in accordance with the Collier County Recovery Plan, which is the official
COUNTY document guiding the use of funds, intended goals, and measurement of impact, perform the
tasks necessary to conduct the program as follows:
Project Name: American Rescue Plan-Immokalee Pioneer Museum
Description of project and outcome: This project consists of recreating a 1.25-acre citrus grove and
half -acre homestead garden at Immokalee Pioneer Museum to serve as an interactive educational
platform for students in this high poverty district through hands-on instruction. Beneficiaries of this
project will be disadvantaged students in Immokalee who lost science and health instruction during
the school closure due to the COVID49 pandemic. Outcomes will include increased science
education for students.
Project Component One: Equipment, Materials and Supplies Expenses including but not limited
to start-up equipment (ladder, sprayer, tree trimmer), garden supplies, tools, seeds, plants, education
materials and supplies, and project -site furnishings.
Treasury Expenditure Category: EC2.24
Collier County Recovery Plan Project Number: CC4.3
Evidence Basis: EC2.24 (Addressing Educational Disparities: Aid to High -Poverty Districts):
Zoellner et al find that "major benefits of community gardens.., included increasing community
cohesion and improving nutrition and physical activity factors." Ref.: Exploring Community
Gardens in a Health Disparate Population. 2012. Web link:
https://muse,*hu.edu/article/481137/summary. See also: Egli, Victoria; Oliver, Melody; and
Tautolo, El-shadan, The development ofa model of community garden benefits to well-being. 2016
Web link: https://www.sciencedirect.com/science/article/pii/S2211335516300249
Project Component Two: Personnel/Salary Expenses including salary costs for horticulturist and
including but not limited to FICA and benefits.
Treasury Expenditure Category: EC2.24
Collier County Recovery Plan Project Number: CC4.3
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum
Evidence Basis: EC2.24 (Addressing Educational Disparities: Aid to High Poverty Districts):
Refer to Component One, Full Evidence Base maintained by FGCU Impact and Evaluation Team."
Project Component Three: Operating Expenses including but not limited to project -site preparation,
repairs, and maintenance.
US Treasury Expenditure Category*: EC2.24
Collier County Recovery Plan Project Number: CC4.3
Evidence Basis: EC2.24 (Addressing Educational Disparities: Aid to High -Poverty Districts):
Refer to Component One. Also see ref: Rye, Selmer, S. J., Pennington, S., Vanhom, L.,
Fox, S., & Kane, S. (2012). Elementary School Garden Programs Enhance Science
Education for All Learners. Teaching Exceptional Children, 44(6), 58-65.
htips://doi.org/10,1177/004005991204400606 See also: Egli, Victoria; Oliver, Melody; and
Tautolo, El-shadan, The development ofa model ofcommunity garden benefits to well-being. 2016
Web link. Full Evidence Base maintained by FGCU Impact and Evaluation Team.
Project Component 4: Professional Services including but not limited to design and landscape
contractor(s).
US Treasury Expenditure Category*: EC2.24
Collier County Recovery Plan Project Number: CC4.3
Evidence Basis: EC2.24 (Addressing Educational Disparities: Aid to High -Poverty Districts):
Refer to Component One
Project Tasks
a. Task 1: Recreate a 1.25-acre citrus grove and homestead garden at Immokalee Pioneer
Museum, serving students from QCTs including but not limited to 112,04, 1120052
113.01, 113.02, and 114.00.
b. Task 2: Services will be provided by a horticulturalist to maintain the citrus grove and
garden as well provide instruction to IC- 12 participants.
2. ARP Documentation Requirements Compliance Criteria:
A. Activities carried out with SURF Funds provided under this MOU will contribute to
a program designed to:
i. Provide educational assistance to COVID49 disproportionately impacted
households and communities.
ii. Identify the amount of the total Funds allocated to evidence -based interventions.
iii. Denote areas where SUBRECIPIENT must report on whether projects are
primarily serving disadvantaged communities.
iv. Document key performance indicators allocated to evidence -based interventions
including both output and outcome measures primarily servicing
disproportionately impacted households and communities.
v. Address lost instructional time in K-12 schools: any student that lost access to in -
person instruction for a significant period of time within the impacted population
through beneficiary -participant attestation.
vi. Provide assistance to address impact of learning loss for K-12 students (e.g., high -
quality tutoring, differentiated instruction)
COLLIER COUNTY MUSEUM DIVISION
ARP21-O4
American Rescue Plan-Immokalee Pioneer Museum Page 3
B. Evidence -Based
Evidence -based interventions is a Treasury policy that pertains to projects within US
Treasury Expenditure Categories 1, 2, and 3. If SUBRECIPIENT's project falls within
this category, SUBRECIPIENT shall identify an evidence base for the overall project,
or if activities are disparate, each activity. An Evidence Base refers to studies of
similar projects that evaluate whether a strong or moderate connection exists between
project activities and desired outcomes. For further information on evidence -base,
please refer to page 33 of the Treasury Compliance and Reporting Guidance:
h"ps:Hliome.treasury.gov/system/riles/ 136/SLFRF-Compliance-and-Report ing-
Guidance.odf
1.1 GRANT AND SPECIAL CONDITIONS
Performance under this MOU 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
MOU,
the SUBRECIPIENT must
deliver
to CHS fot approval a detailed
project schedule
for the
completion of the project.
B. SUBRECIPIENT must submit the following checked policies must be submitted within
sixty (60) days of execution of this MOU:
Affirmative Fair Housing Policy
Affirmative Action/ Equal Opportunity Policy
Conflict of Interest Policy
Procurement Policy
Davis -Bacon Policy
Uniform Relocation Act Policy
Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Limited English Proficiency Policy (LEP)
Violence Against Women Act (VAWA) Policy
LGBTQ Policy
C. Annual SUBRECIPIENTTraining —
All
SUBRECIPIENT staff assigned to the administration and implementation of the
Project established by this MOU, shall attend all CHS-offered Subrecipient training,
relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3)
sessions.
COLLIER COUNTY MUSEUM DIVISION
ARP21•e4
American Rescue Plan-Immokalee Pioneer Museum Pagc 4
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Descri tion
Federal Amount
Project Component 1: Equipment, Materials and Supplies
Expenses including but not limited to start-up equipment
(ladder, sprayer, tree trimmer), garden supplies, tools, seeds,
plants, education materials and supplies, and project -site
furnishings,
$4,000600
US Treasury Expenditure Category*: EC2.24
Collier County Recovery Plan Project
Number: CC4.3
Project Component 2: Personnel/Salary Expenses including
salary costs for horticulturist and including but not limited to
FICA and benefits.
$27%810.00
US Treasury Expenditure Category*: EC2.24
Collier County Recovery Plan Project
Number: CC4.3
Project Component 3: Operating Expenses including but not
limited to roject-site preparation, repairs, and maintenance.
$7,000.00
US Treasury Expenditure Category*: EC2.24
Collier County Recovery Plan Project Number: CC4.3
Project Component 4: Professional Services including but not
limited to design and landscape contracto s .
$270,680,00
US Treasury Expenditure Category*: EC2.24
Collier County Recovery Plan Pro ect Number: CC4.3
Total Federal Funds:
$561 490.00
* Expenditure Categories are subject to change based on future guidance from the U.S. Treasury
Department. If that occurs, additional reporting requirements may be necessary.
SUBRECIPIENT will accomplish the following checked project tasks:
®
Maintain documentation of services to persons/businesses in Qualified Census Tracts
®
Maintain documentation of Evidenced -Based Programming including performance
outcomes and output
❑
Maintain COVID documentation
❑
Maintain and provide to the COUNTY as requested, beneficiary and/or income
certification documentation
❑
Maintain Eligibility Documentation, retained at SUBRECIPIENT location
®
Provide Monthly project progress reports
®
Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CBS
❑
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
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 5
CAO
B. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this MOU
Within sixty (60) days of MOU
Section 1.1
execution
Insurance
Insurance Certificate (Exhibit A)
Within thirty (30) days of MOU
execution and Annually within
thirty 30 days of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of MOU
execution
Project
Plans and Specifications
N/A
N/A
Subcontractor Log
N/A
N/A
Davis -Bacon Act Certified
N/A
N/A
Payroll
Quarterly Progress Report
Exhibit C
Quarterly, due 10" of month
following end of quarter.
Annual Audit Monitoring
Exhibit D
Within sixty (60) days of Fiscal
Report
Year FY end
Financial and Compliance Audit
Audit, Management Letter
Annually: nine (9) months after
FY end for Single Audit OR one
hundred eighty (180) days after
FY end
Program Income Reuse Plan
N/A
N/A
C. Payment Deliverables
Pa ment Deliverable
Pa ment Su ortin Documentation
Submission Schedule
Project Component 1: Equipment
Submission of supporting documents
Submission of
and Supplies Expenses
must be provided, as evidenced by quotes
monthly invoices.
US Treasury Expenditure
dated prior to purchase, invoices dated
Category: EC2.24
with invoice number, receipts, proof of
Collier County Recovery Plan
payment, credit card statements, check
Project Number: CC4.3
stubs, cancelled checks, bank statements,
and any other documents as requested,
along with Exhibit B.
10% retainage will be held from each pay
request until final monitoring clearance.
Project Component 2:
Employees (internal): Submission of
Submission of
Personnel/Salary Expenses
timesheets, SAP payroll reports, and job
monthly invoices.
US Treasury Expenditure
descriptions for employees' first payroll
Category: EC2.24
only, along with Exhibit B.
Collier County Recovery Plan
Project Number: CC4.3
Employees (external): Submission of
temporary staff invoices; back up
documentation to include timesheets, job
COLLIER COUNTY MUSEUM DIVISION
ARP2I-04
American Rescue Plan-Immokalee Pioneer Museum
Page fi
CAO
description (first invoice submission or
when new position created), payroll
reports (equivalent to check
register/payroll data report), along with
Exhibit B.
Project Component 3:
Submission of supporting documents
Submission of
Operating Expenses
must be provided, as evidenced by
monthly invoices.
US Treasury Expenditure
quotes, invoices and/or receipts, proof of
Category: EC2.24
payment, credit card statements, check
Collier County Recovery Plan
stubs, cancelled checks, bank statements,
Project Number: CC4.3
and any other documents as requested,
along with Exhibit B.
10% retainage will be held from each pay
request until final monitoring clearance
Project Component 4:
Submission of supporting documents
Submission of
Professional Services
must be provided, as evidenced by
monthly invoices.
US Treasury Expenditure
quotes, invoices and/or receipts, proof of
Category: EC2.24
payment, credit card statements, check
Collier County Recovery Plan
stubs, cancelled checks, bank statements,
Project Number: CC4.3
and any other documents as requested,
along with Exhibit B.
10% retainage will be held from each pay
request until final monitoring clearance.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall stall on October 1, 2021, in accordance with ARP and Coronavirus
Local Fiscal Recovery Appropriation language, and shall end on December 311 2024, unless
terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and
Termination. In accordance with 2 CFR 200 Subpart E — Cost Principles and Section 215.97(1)(d)
Florida Statutes, SUBRECIPIENT, may expend Funds authorized by this MOU, only for allowable
costs resulting from obligations incurred during the specific agreement period.
If SUBRECIPIENT complies with all requirements set forth herein, this MOU shall terminate
December 31, 2024, whereupon all obligations of SUBRECIPIENT far repayment of Funds shall
cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its
rights to recover any damages arising from or relating to SUBRECIPIENT's breach of any of the
Grant Documents, including but not limited to this MOU and/or any attachments hereto which
occurred in whole or in part before said termination.
1.4 MOU AMOUNT
The COUNTY agrees to make available FIVE HUNDRED SIXTY-ONE THOUSAND, FOUR
HUNDRED NINETY DOLLARS and .00 CENTS ($561,490.00 for use by SUBRECIPIENT
during the term of the MOU (hereinafter, shall be referred to as the Funds). SUBRECIPIENT may
COLLIER COUNTY MUSEUM DIVISION
ARP21.04
American Rescue Plan-Immokalee Pioneer Museum Page 7
CAO
use
Funds only for expenses
eligible under Section 603(c) of the Social
Security Act,
specifically
the
Coronavirus Local Fiscal
Recovery Fund, and further outlined under
US Treasury
Guidance,
The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to
cover expenses that:
A. Were incurred during the period that begins on October 1, 2021 and ends on December 31,
2024. Funds must qualify as a necessary expenditure incurred due to the public health
emergency and meet the other criteria of Section 603(c) of the Social Security Act.
B. Examples of eligible expenses include, but are not limited to:
i. Responding to or mitigating the public health emergency with respect to the COVID-
19 emergency or its negative economic impacts; and
ii. Providing government services to the extent of the reduction in revenue; and
iii. Making necessary investments in water, sewer, or broadband infrastructure; and
iv. Responding to workers performing essential work during the COV ID-19 public health
emergency by providing premium pay to eligible COUNTY workers that are
performing such essential work, or by providing grants to eligible employers that have
eligible workers who perform essential work.
Modification to the "Budget and Scope" may only be made if approved in advance by the
COUNTY. 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
MOU amount shall only be made with County Manager approval:
The COUNTY shall reimburse SUBRECIPIENT for the performance of this MOU upon
completion or partial completion of the work tasks, as accepted and approved by MS.
SUBRECIPIENT may not request disbursement of ARP Funds until 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 October 1, 2021 and ends on December 31, 2024. Invoices for work performed are required
every month. If no work has been performed during that month, or if SUBRECIPIENT is not yet
prepared to send the required backup, a $0 invoice is required. Explanations may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to 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
MOU.
Final invoices are due no later
than ninety (90)
days after the
end
of the MOU. Work performed
during the term of the program
but not invoiced
within ninety
(90)
days after the end of the MOU
may not be processed without written authorization from the Grant
Coordinator.
The County Manager or designee may extend the term of this MOU for a period of up to 180 days
after the end of the MOU. Extensions must be authorized, in writing, by formal letter to the
SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Reimbursements will only be made for
expenditures that the COUNTY provisionally determines are eligible under the ARP. However, the
COUNTY's provisional determination that an expenditure is eligible does not relieve
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page s
CAO
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 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 MOU, 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 for in
2 CFR 200.318-200,327. Allowable costs incurred by SUBRECIPIENT and its Contractors shall
comply with 2 CFR Subpart E-Cost Principles,
1.6 NOTICES
Notices required by this MOU 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 MOU shall be addressed to the individuals
in the capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carrie Kurutz, Gmnt Coordinator
Collier County Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Carrie.Kurutz@colliercountyfl.gov
Telephone: (239) 2524304
SUBRECIPIENT ATTENTION: Amanda Townsend, Division Director
Collier County Museum Division
3331 Tamiami Trial
Naples, Florida 34112
Email: Amanda.Townsend@colliercountyfl.gov
Telephone: (239)-252-7177
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum
MCA(
Remainder of Page Intentionally Left Blank
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 10
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 MOU.
SUBRECIPIENT must clear any deficiencies noted in audit reports must within 30 days after
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this MOU and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning SUBRECIPIENT audits.
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 2 CFR 200.334, Section
602(c) of the Social Security Act, and Section 119.021, Florida Statutes, to determine compliance
with the requirements of this MOU, the ARP Program, and all other applicable laws and
regulations. This documentation shall include, but is not limited to, the following:
A. All records required by ARP regulations.
B. SUBRECIPIENT agrees to execute such further documents as may be required by law or
prepared by the COUNTY to confirm SUBRECIPIENT's MOU.
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
MOU. 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 MOU, 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 MOU.
E. Upon completion of all work contemplated under this MOU, copies of all documents and
records relating to this MOU 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 submission
of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, and all
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 11
funds have been expended, unless any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to
exist after the closeout of this MOU, it shall notify the COUNTY in writing, of the address
where the records are to be kept, as outlined in 2 CFR 200.337. 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 MOU 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 MOU, IT SHALL CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-M832,
Michael.Cox(iu colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
F. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt and/or confidential public records that are
released from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.337 and 2 CFR 200.338.
G. Notwithstanding any provision in the Grant Documents to the contrary, SUBRECIPIENT
agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder
or under any other Grant Document or any inaccuracy therein or incompleteness thereof,
shall not in any way alter or affect the absolute and unconditional obligation of
SUBRECIPIENT to pay and perform in full, the obligations set forth hereunder, but any
action taken or not taken by SUBRECIPIENT as a direct result of such lack or delay of
notice, or of SUBRECIPIENT's good faith reliance upon a material inaccuracy therein or
the material incompleteness thereof, as the case may be, shall not in and of itself, and to
the extent thereof, constitute an Event of Default hereunder, so long as SUBRECIPIENT
does not otherwise have or receive notice or knowledge of the material contents or
substance of such notice, or of the intended substance of any inaccurate or incomplete
notice, as the case may be, and SUBRECIPIENT acts, at all times, in good faith.
2.3 MONITORING
During the term of this MOU, SUBRECIPIENT shall submit to the COUNTY an Annual Audit
Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end. In
addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management
Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for
COLLIER COUNTY MUSEUM DIVISION
ARP21-Qt
American Rescue Plan-Immokalee Pioneer Museum
Page 12
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. 'Be continuation of this MOU
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 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 SUBREC[PIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated with all
other applicable laws, regulations, and policies governing the Funds provided under this MOU
further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute
noncompliance with this MOU. If corrective action is not taken by SUBRECIPIENT within a
reasonable period after being notified by CHS, MOU suspension or termination procedures will be
initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General, the
Government Accountability Office, the Florida Auditor General, the COUNTY, the COUNTY's
internal auditor(s), or their representatives access to all records related to performance of activities
in this MOU.
2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent,
detect, and correct incidents of fraud, waste, and abuse in the performance of this MOU, and to
provide for the proper and effective management of all Program and Fiscal activities of the MOU.
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 MOU.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
and, waste, and abuse. .
SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False
Claims and Statements, applies to the actions, pertaining to this contract, of SUBRECIPIENT and
its contractors.
SUBRECIPIENT understands that making false statements or claims in connection with this award
is in violation of Federal law and may result in criminal, civil, or administrative sanctions including
fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards
or contracts, and/or any other remedy available by law.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this MOU or of any law or regulation to COUNTY, or to any appropriate
law enforcement authority, if the report is made in good faith.
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum
Pege 13
In accordance with 41 UK Section 4712, SUBRECIPIENT may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons
or entities provided below, information that the employee reasonably believes is evidence of gross
mismanagement of a Federal contract or grant, a gross waste of Federal Funds, an abuse of authority
relating to a Federal contract or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regulation related to a Federal contract (including the competition for
or negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes: a member of Congress
or a representative of a committee of Congress; an Inspector General; the Governmental
Accountability Office; a Treasury employee responsible for contract or grant oversight or
management; an authorized official of the Department of Justice or other law enforcement agency;
a court or grant jury; or a management official or other employee of COUNTY, SUBRECIPIENT,
contractor, or subcontractor who has the responsibility to investigate, discover, or address
misconduct.
SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
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 any other Federal or State program to the extent
that proceeds paid to SUBRECIMENT under this MOU, 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 SUBRECIPIENT that can be used to pay the costs described under Budgeted Costs for
the scope of work described in this MOU 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.G CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this MOU. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for noncompliance is as follows:
COLLIER COUNTY MUSEUM DIVISION
ARP21.04
American Rescue Plan-Immokalee Pioneer Museum Page 14
1. Initial noncompliance may result in CHS issuing Findings or Concerns to
SUBRECIPIENT, which requires 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 the
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a
timely manner, CHS may require a portion of the awarded grant amount be
returned to the COUNTY.
• CHS may require SUBRECIPIENT to return
to the
COUNTY
upwards of 5
percent of the award amount, at the discretion
of the
Board.
• SUBRECIPIENT may be denied future consideration as set forth in Resolution
No. 2013-228,
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, be
returned to the COUNTY.
• CHS may require SUBRECIPIENT to return to the COUNTY upwards of 10
percent of the award amount, at the discretion of the Board.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the MOU or award be terminated,
CHS will make a recommendation to the Board to immediately terminate the
contract or MOU. 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.
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum
Page IS
CAt�
2.7 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this MOU, and on the resolution of monitoring findings identified pursuant to this
MOU, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 1 Oth day of January, April, July, and October. As part of the report submitted at
the end of the project, SUBRECIPIENT agrees to include a comprehensive final report covering
the agreed -upon Program objectives, activities, expenditures and expenditure categories, evidence -
basis, impact evaluation metrics, and Key Performance Incidators (KPI) defined by
SUBRECIPIENT and the Evidence Based and Impact Evaluation Team, Exhibit C contains a
reporting form to be used in fulfillment of this requirement. Expenditure Categories are subject to
change based on future guidance from the Treasury. If that occurs, additional reporting
requirements may be necessary. Other reporting requirements may be required by the County
Manager or designee if the Program changes, the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
The Federal Guidance for these activities as of August 31, 2021 exists within the "Compliance and
Reporting Guide: State and Local Fiscal Recovery Funds " The COUNTY has translated these
guidelines into its Recovery Plan, which outlines major Expenditure Categories, Goals, target
populations served, and KPIs.
SUBRECIPIENT must ensure that the project fulfills the requirements of the Recovery Plan, and
may need to work with the Evidence -Base and Impact Evaluation Team to fully define evidence
base, KPIs, and an Impact Evaluation framework. SUBRECIPIENT should consult with the
COUNTY's Grant Coordinator to determine the required inputs along these lines.
SUBRECIPIENT must work with the COUNTY Evaluation and Data Analysis Team to determine
sufficient evidence -base citations for project activities, and to set impact evaluation and key
performance indicators.
Remainder
of Page Intentionally Left Blank
COLLIER COUNTY MUSEUM DIVISION
A2P21-O4
American Rescue Plan-Immokalee Pioneer Museum Page 16
GpO
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this MOU may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
Any assignee shall be bound by all the terms of this assigned documents.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of the ARP, Section 603 (c) of the Social
Security Act. SUBRECIPIENT also agrees to comply with all other applicable laws, regulations,
and policies governing the Funds provided under this MOU, including the requirement to follow
the Federal procurement process. SUBRECIPIENT further agrees to utilize funds available under
this MOU to supplement rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this MOU 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
MOU. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life and/or medical insurance, and Workers' Compensation Insurance, as
SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this MOU, at any time, provided that such
amendments make specific reference to this MOU, are executed in writing, signed by a duly
authorized representative of each organization, and approved by the COUNTY'S governing body.
Such amendments shall not invalidate this MOU, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this MOU.
The COUNTY may, in its discretion, amend this MOU to conform with Federal, State, or Local
governmental guidelines, policies, and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to
be undertaken as part of this MOU, 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 SUBRECBPIENT therefrom shall in any event be effective unless the same shall be in writing,
and such waiver or consent shall be effective only in the specific instance and for the purpose for
which given. No failure or delay on the part of the COUNTY in exercising any right, power, or
privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a
single or partial exercise thereof preclude any other or further exercise thereof or the exercise of
any other right, power, or privilege.
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-immokalee Pioneer Museum Page 17
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from Department of Treasury ARP grant funds,
as provided by the Department of Treasury, 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 ARP Funds pertaining to this MOU. 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 the
SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY
may terminate this MOU, which termination shall be effective as of the date that it is determined
by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no
longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look
to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or
County Administration, personally liable for the performance of this MOU, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this MOU.
SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due to
the COVID49 public health emergency, and that the proceeds of the Grant will not be loaned,
granted, or assigned to any party and shall in no event be used for any purpose prohibited by the
Grant Documents or Regulations.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, 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
MOU. 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 MOU. 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
MOU.
3.7 GRANTEE
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports, and similar public notices,
whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or
about the Program shall include the statement:
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum
CFI
"FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY, UNDER FEDERAL
AWARD NUMBER 596000558, AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, to the general
public.
3.8 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 (non -procurement), 2 CFR
Part 180, including the requirement to include a tens 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 200.340, this MOU may be terminated for convenience by either the
COUNTY or SUBRECIPIENT, in whole or in part, by setting to the reasons for such
termination, the effective date, and, in the case of partial terminations, the portion to be terminated.
However, if in the case of partial termination, the COUNTY determines thatthe 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 MOU 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 MOU,
in compliance with 2 CFR 200, Appendix II (A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and 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
MOU.
C. Ineffective or improper use of funds provided under this MOU.
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 MOU.
COLLIER COUNTY MUSEUM DIVISION
ARP21A4
American Rescue Plan-Immokalee Pioneer Museum Page 19
Cqp
G. Failure to materially comply with the terms of any other agreement between the
COUNTY and SUBRECIPIENT relating to the project.
H. SUBRECIPIENT assigns this MOU or any money advanced hereunder or any interest
herein.
Any representation or warranty made herein or in any report, certificate, financial
statement, or other instrument furnished in connection with this MOU or the Grant shall
prove to be false in any material respect.
J. If material adverse changes occur in the financial condition of SUBRECIPIENT at any
time during the MOU, and SUBRECIPIENT fails to cure this adverse condition within
thirty (30) days from the date written notice is sent by the COUNTY.
In the event of any default by SUBRECIPIENT under this MOU, 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 MOU, in whole or in part.
B. Require immediate repayment to the COUNTY of all Grant funds that SUBRECIPIENT
has received under this MOU, as set forth in Section 1.4.
C. Apply sanctions, if determined by the COUNTY to be applicable.
D. Stop all payments, until identified deficiencies are corrected.
E. Terminate this MOU by giving written notice to SUBRECIPIENT and specifying the
effective date of such termination. If the MOU 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 MOU.
3.10 REVERSION OF ASSETS
In the event of a termination of this MOU, in addition to any and all other remedies available to the
COUNTY (whether under this MOU, or at law, or in equity), SUBRECIPIENT shall immediately
transfer to the COUNTY any property on hand at the time of termination and any accounts
receivable attributable to the use of 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 MOU 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 MOU.
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-lmmokalee Pioneer Museum
i
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
200.327) and/or Collier County's Procurement Ordinance #2017-08, as amended, as outlined
below. The current purchasing thresholds are:
Federal Procurement Standards:
Ran e:
Method/Com etition Re aired
$0 -
$1000
Micro -Purchase
$10 001 -
$250,000
Small Purchase
$2502001+
Sealed Bidding
Collier Coun Procurement Standards:
Range:
Com etition Re aired
$0 - $50,000
13 Written Quotes
$50,001+
1 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 the SUBRECBPIENT 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 MOU, such Program Income shall be utilized by
SUBRECIPIENT for ARP -eligible activities, approved by COUNTY. Any "Program Income" (as
such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT
activity funded by ARP funds shall be reported to the COUNTY through an annual program income
re -use plan, utilized by SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307.
When program income is generated by an activity that is only partially assisted with ARP
Funds, the income shall be prorated to reflect the percentage of ARP Funds used. In the event
there is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's ARP program, for further reallocation.
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 21
Purchase of Equipment: Equipment under SUBRECIPIENT's control that was acquired or
improved, in whole or in part, with ARP Funds shall be used to navigate the impact of the COVID-
19 outbreak, during the term of this MOU. If the purchase of the asset was consistent with the
limitations on the eligible use of Funds provided by section 603 (c) of the Social Security Act,
SUBRECIPIENT may retain the asset. If such assets are disposed of prior to December 31, 2024,
the proceeds would be subject to the restrictions on the eligible use of payments from the Funds
provided by section 603 (c) of the Social Security 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 occurred. 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 MOU
must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information
complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in
accordance with 2 CFR 200.344.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
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 MOU 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 MOU.
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 and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
MOU. As used in this MOU, 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 Americans, Asian -
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
COLLIER COUNTY MUSEUM DIVISION
ARP21.04
American Rescue Plan-Immokalee Pioneer Museum
Page 22
CAC?
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
3.18 AFFII2MATIVE 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, as amended. Prior to the award of Funds,
SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval. An
Affirmative Action Program updated during the term of the MOU 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 MOU, and that no person having any conflict of interest shall be
employed or subcontracted by SUBRECIPIENT. SUBRECIPIENT also 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 in 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 SUBRECIPIENT, its employees, or its contractors
shall be disclosed, in writing, to CHS provided however, that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low- and moderate -income
residents of the project target area.
3.20 BYRD ANTI -LOBBYING AMENDMENT
Each tier certifies that the tier above it will not and has not used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of federal funds,
as covered by 31 USC 1352, as more fully described in Section 4.32 of this MOU. Contractors who
apply or bid for an award of $100,000 or more shall file the required certification.
3.21 RELIGIOUS ORGANIZATIONS
ARP funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set forth in Executive Order 13279, dated December 12,
2002, as amended. SUBRECIPIENT shall comply with First Amendment Church/State principles
as follows:
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 23
A. It will not discriminate against any employee or applicant for employment and will not
limit or give preference in employment to persons on the basis of religion.
B. It will not discriminate against any person applying for public services 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 ARP 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, ARP 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 ARP Funds in this part. Sanctuaries, chapels, or other rooms that an ARP
funded religious congregation uses as its principal place of worship, however, are ineligible
for ARP funded improvements.
3.22 INCIDENT REPORTING
If SUBRECIPIENT provides services to clients under this MOU, SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child, aged person, or disabled person.
3.23 SEVERA"TV ITY
Should any provision of the MOU be determined to be unenforceable or invalid, such determination
shall not affect the validity or enforceability of any other section or part thereof.
3.24 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other parly in respect to all covenants of this MOU.
SUBRECIPIENT represents and warrants that the financial data, reports, and other information on
the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly
represent the financial position of the SUBRECIPIENT.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this MOU and
that its governing body has authorized the execution and acceptance of this MOU.
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind the SUBRECIPIENT to the terms of this MOU.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida, without giving effect to its provisions regarding choice of laws,
All activities authorized by this MOU shall be subject to and performed in accordance with the
provisions of the terms and conditions of the MOU between the COUNTY, the Regulations, all
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan4mmokalee Pioneer Museum Page 24
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 MOU, ancillary to this MOU, and related documents entered into in
connection with this MOU are signed when a parry'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 Iutentionally Left Blank
COLLIER COUNTY MUSEUM DIVISION -
ARP2404
American Rescue Plan-Immokalee Pioneer Museum Peg* 25
PART ry
GENERAL PROVISIONS
4.1 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.cefr,pov/cpi-bin/text-idx?Ipl=/ccrrbrowse/Ti(leO2/2cfr200 main 02.Ip1
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 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.iustice.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.archi ves. P.ov/federal-register/cod ification/executive-order/ 12259. htm I
4.4 https:/1www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra Public Law 100-430 -the Fair
Housing Amendments Act of 1988. https•//www.ncbi.nim.nih.gov/pubmed/12289709
4.5 Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d) et seq., and Treasury's implementing
regulation at 31 CFR Part 22), as amended, Title VIII of the Civil Rights Act of 1968, as amended
https://www.hud.pov/ rrogramdescril2tion/title6
4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/0fccp/executive-order- 11246/as-amended
EO 11375 and 12086: see item #8 below
4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et, seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
hqps://www.hud.gov/programdescription/title6
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 26
4.8 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et. seq.) and Treasury implementing
regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.comell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/reps/Statutcs/eol1246.htm
11375: Amended by EO 11478
11478:
https://www.archives.goy/federal-register/codification
executive-order/I
1478.htm]
12107:
https://www.archives.goy/federal-register/codification/executive-order/12107.htm1
12086:
https://wmv.atchives.ROV/federal-register/codifiication/executive-order/12086.htm]
4.9 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5)
Section 504: https://www.epa. og v/ocr
29 USC 776: https:Hlaw.onecle.com/uscode/29/776.html
4.10 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 1210] et
seq. http://library.clerk.house.gov/reference-files/PPL 101 336 AmericansWithDisabilities.pdf
https://www.law.comell.odu/uscodeltextt42/12101
4.11 Immigration Reform and Control Act of 1986
https://www.ecoe.gov/eeoc/history/35th/thelaw/irea.htm I
4.12 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:/hvww.lawservcr.com/law/stale/floridalstahrtes/Florida statutes chapter 112 part iii
Collier Coanty-
http: //www.colliergov.n et/home/showdocument?id=3513 7
4.13 Order ofPrecedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the MOU shall take precedence over the terms of all other Contract
Documents, except the terns of any Supplemental Conditions shall take precedence over the MOU.
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 MOU, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at Owner's
discretion.
4.14 Venue -Any suit of action brought by either party to this MOU against the other party, relating to
or arising out of this MOU, 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).
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 27
4.15 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this MOU 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 MOU, 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 MOU 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 MOU, 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 MOU.
https: //www.flsenate.gov/Laws/Statutes/2012/44.102
4.16 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to
report each violation for the following :
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkWUSCODE-
2010-title42/htm I/USCODE-2010-title42-chap85.htm
htto://www.law.comell.edu/uscode/textt42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 12513 et seq., as amended.
[iUi)s://www.fy,oviiiro.ilov/coiiteiit/i)kg/�USCODE-201 I -t itle33/pd f/USCODE-201 I 4itle33-
chap26.pd
https://www.law,comell.edu/uscodettext/33/chapter-26
4.17 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701) and Treasury implementing regulations at 31
CFR Part 20.
https://www.gpo. ag v/Fdsys/grmlule/USCODE-2009-title4l/USCODE-2009-title4l-chapl0-
sec701
4.18 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.xhtml7req=granuleid:USC-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://ww-w.law.comell.edu/cfr/text/29/t)art-3
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum
i
\�O
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.cornell.edu/cfr/text/29/part-5
4.19 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 U.S.C. 874 https•//www, ovg info.gov/contenUpke/USCODE-2010-titleI8/pdf/USCODE-2010-
titlel 8.odf
40 U.S.C.276c https://uscode.house.uov/view.xhtml?req=granuleid•USC-1999-title40-
section276c&num=0&edition=1999
4.20 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,
https://Nvww.ccii Lov/cLi-bin/text-idx?&nodc=pt24 4 54se24 1 5 1500
4.21 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR
200.213. These regulations restrict awards, subawards and contracts with certain parties that are
debarred, suspended, or otherwise excluded from or ineligible to [participate in Federal assistance
programs and activities.
Pursuant to 2 CFR Part 25, Appendix A, Universal Identifier and System for Award Management
a contract award must not be made to parties listed in the SAM Exclusions. SAY,
Exclusions is the list maintained by the General Services Administration that contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
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. ov/cai-
bin/relrleveECFR?ep=&S ID=c3a97c97ac42 f9c05af52a7ea2f3d005&mc=true&n=nt2.1.200&r—P
ART&ri=HTML#se2.1.200 1213
https://www.archives gov/federal-register/codification/executive-order/12549 hunt
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 29
4.22 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.
4.23 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 MOU 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.ccfrl gov/cgi-bin/text-
idx?SID=5a78ad(lel'I'll)a535e83fed3010308aef&mc=true&node=se2.1.200 1344&r n�div8
4.24 As provided in § 287.133, Florida Statutes, by entering into this MOU 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:/hvww.lep.state.fl.us/Statutes/index.cfm?App mode=Dimes lay Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.lrtml
4.25 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated
funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
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.
4.26 Any ride or regulation determined to be applicable by the Treasury.
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 30
;;n
4.27 Florida Statutes 119.021 Records Retention
hup://www.leF.state.fl.us/Statutes/index cfm?Appmode=Display Slatute&URL=0100-
0199/0119/Sections/01191021.html
4.28 Florida Statutes 119.061 Travel, using approved state travel voucher
http://www.leg4stateofl.us/statutes/index efin?App mode=Display Statute&URL=0100-
0199/0112/Sections/0112.061.htm1
4.29 Florida Statutes, 119.071, Contracts and Public Records
http://www.ley state.Fl us/Statutes/index cfm?App node=Display Slatute&URL=0100-
0199/0119/Sections/0119.071.html
4.30 Limited English Proficiency; The SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this MOU for persons with
limited English proficiency pursuant to information located at http://www.lop.gov,
4.31 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law.. See https://oip.gov/abouttocr/pdfs/UseofConviction Advisorypdf for more details.
4.32 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its
officers, employees and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative
body. None of the funds provided under this MOU 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/textt3l/1352
4.33 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)
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 31
GAtr
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds.
4.34 Political Activities Prohibited: one of the funds provided directly or indirectly under this MOU
shall be used for any political activities or to further the election or defeat of any candidates for
public office. Neither this MOU 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.
4.35 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.
4.36 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:
littl)s:Hojp.gov/fundin Explore/ProliibitedCondtict-Traffickine.htm.
4.37 Seat Belt Use: The SUBRECIPIENT
agrees to encourage its contractors to adopt and
enforce
thejob
seat belt policies and programs for their employees when
operating company -owned,
rented,
or personally owned vehicles,
per Executive Order 13043, 62
FR 19217 (April
18, 1997),
4.38 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.
4.39 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/cgii-
bin/reh•ieveECFR?gp=&SID=a004b6bf20934ace7a717de76I dc64c0&mc=true&n=p137.1 A01 &r
=PART&ty=HTML
COLLIER COUNTY MUSEUM DIVISION
ARP2l-04
American Rescue Plan-Immokalee Pioneer Museum Page 32
CAj
4.4V WhistleblowerProtections:
a. In accordance with 41 U.S.C. § 4712, the COUNTY may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal
funds, an abuse of authority relating to a federal contract or grant, a substantial and specific
danger to public health or safety, or a violation of law, rule, or regulation related to a federal
contract (including the competition for or negotiation of a contract) or grant.
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,
HL 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; or
vii. A management official or other employee of Recipient, contractor, or subcontractor
who has the responsibility to investigate, discover, or address misconduct.
The COUNTY shall inform its employees in writing of the rights and remedies provided under this
section, in the predominant native language of the workforce.
(Signature Page to Follow)
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 33
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.
COLLIER COUNTY COMMUNITY AND
HUMAN S RI ES DIVI N
I SON�N^TAG, �IR�E/CTOR
Date: vJ �I A'
COUNTY
Date: 05 � • �oZ��
COLLIER COUNTY MUSEUM DIVISION
By.
NDA TOWNSEND, 151VISIO
N
DIRECTOR
Date: 42j�2 Z
Derek D. Perry
Assistant County Attorney
This sub -award agreement executed by the
County Manager or Designee pursuant to
Agenda Dated 06/22/21, Item No. 1 LH.
COLLIER COUNTY MUSEUM DIVISION
ARP21.04
American Rescue Plan-Immokalee Pioneer Museum Page 34
PART V
EXHIBITS
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, Certificates) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this MOU, 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 I — 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 buildings) or structure(s). The policy shall be in the name
of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 35
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 MOU:
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 MOU 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.
1 I. 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.
COLLIER COUNTY MUSEUM DIVISION
ARP21 A4
American Rescue Plan-Immokalee Pioneer Museum
Pnge 7G
EXIIIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier County Museum Division
SUBRECIPIENT Address: 3331 Tamiami Trial Naples, Florida 34112
Project Name: American Rescue Plan-Immokalee Pioneer Museum (ARP21-04)
Project No: CC4.3_ Payment Request #
Total Payment Minus Retainage
Period of Availability: October 1, 2021_ through December 31, 2024
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FU'VDS
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
Authorizing Grant Coordinator
Date
Authorizing Gran[ Accountant
Supervisor (Approval required $I5,000 and above) Division Director (Approval Requued $] 5,000
and above)
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 37
EXIIIBIT C
AMERICAN RESCUE PLAN (ARP)
QUARTERLY PROGRESS REPORT
Report Period:
Fiscal Year:
Agreement Number:
ARP21-04
Subrecipient Name:
Collier County Museum Division
Program:
American Rescue Plan-Immokalee Pioneer Museum
Contact Name:
Contact Telephone Number:
Activi
Re
ortin Period
Re ort Due Date
October
1"—
December 3l"
January IOa'
January
1"—
March 31
April 10"
April l'—
June 30t°
July 101'
July I"—
September
30's
October 10's
Characteristics Report
1. Report Selection Criteria
Number of Participants by Ethnicity
Current Quarter
To Date
Race
Non-
His anic
Hispanic
Non-
Hispanic
Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Prnlert Rvn ,uRtnres/Within Onalitied Census Tract (OCT):
Category
Funds Expended
Current uarter
Funds Expended
To Date
Public Health
In QCT
Other
In QCT
Other
N/A
N/A
N/A
Negative Economic Impacts
N/A
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 38
Services to Disproportionately Impacted
Households and Communities
EC2.24: Addressing Educational
Disparities: Aid to High -Poverty Districts
EC2.24: Addressing Educational
Disparities: Aid to High -Poverty Districts
Total Expenditures
3. Evidence -Based Project Expenditures:
Program Name
Funds Expended
Funds Expended
Current Quarter
To Date
EC2.24:
Addressing
Educational Disparities:
Aid
to High.
Poverty
Districts
EC2.24:
Addressing
Educational Disparities:
Aid
to High -
Poverty
Districts
EC2.24:
Addressing
Educational Disparities:
Aid
to High -
Poverty
Districts
Total Evidence -Based
Expenditures
4. Kev Performance Indicators:
Project Outcomes
Component 1 through 4 :
Funds for all Project Components shall be used primarily to serve
disproportionately impacted households and communities and to support
the following outcomes:
Increased knowledge in science as measured through pre- and post -
assessments on plant life cycle and nutrition.
Project Outputs
Component I through 4:
Funds for all Project Components shall be used primarily to serve
disproportionately impacted households and communities and to
determine the following outputs included in data reports:
• Number of participants in community gardening programs who
increase their knowledge in science regarding plant life and how
fruits and vegetables support nutrition for students who lost science
and health education due to pandernic school closures,
Evidenced -Based and
Impact Evaluation Team
Meeting Date:
Impact Evaluation Plan
Detail Update:
5. Project Progress:
Describe your progress and
any impediments
experienced during the
reporting
period.
XXXX
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum
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:
Printed Name:
Title:
Date:
NOTE: This form subject to modification based on Treasury guidance.
Your tvacd name here represents your electronic si¢nature.
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan4nunokalee Pioneer Museum Page 40
cN�
EXHIBIT D
ANNUAL AUDIT 1VIONITORING REPORT
Circular 2 CFR Part 200.33I 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
Name
Collier County Museum Division
First Date of Fiscal Year
MM/DD/YY
Last Date of Fiscal Year
MM/DD/YY
Total Federal Financial Assistance
Total State Financial Assistance Expended during
Expended during most recently completed
Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
❑
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or
will be completed by . Copies of the audit report and management letter are
attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a for -profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
mana ement letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑
understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
06/18
COLLIER COUNTY MUSEUM DIVISION
ARP2I-04
American Rescue Plan-Immokalee Pioneer Museum Page al
Exhibit E
Assurances of Compliance with Civil Rights Requirements
Assurances of Compliance with Title VI of the Civil Rights Act of 1964
As a condition of receipt of Federal financial assistance from the Department of Treasury, the
SUBRECIPIENT of this MOU (hereinafter referred to as SUBRECIPIENT) provides the
assurances stated herein. The Federal financial assistance may include Federal grants, loans, and
contracts to provide assistance to the SUBRECIPIENT'S beneficiaries, the use or rent of Federal
land or property at below market value, Federal training, a loan of Federal personnel, subsidies,
and other arrangements with the intention of providing assistance. Federal financial assistance
does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal Government at market value, or programs that provide direct
benefits.
The assurances apply to all Federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the SUBRECIPIENT may request in the
future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to
all of the operations of the SUBRECIPIENT's program(s) and activity(ies), so long as any portion
of the SUBRECIPIENT's program(s) or activity(ies) is Federally assisted in the manner prescribed
above.
SUBRECIPIENT ensures its current and future compliance with Title VI of the Civil
Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of
the benefits of, or subjection to discrimination under programs and activities receiving
federal financial assistance, of any person in the United States on the ground of race, color,
or national origin (42 USC § 2000d et seq.), as implemented by the Department of the
Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such
as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance
documents.
2. SUBRECIPIENT acknowledges that Executive Order 13166, "Improving Access to
Services for Persons with Limited English Proficiency," seeks to improve access to
Federally assisted programs and activities for individuals who, because of national origin,
have Limited English Proficiency (LEP). SUBRECIPIENT understands that denying a
person access to its programs, services, and activities because of LEP is a form of national
origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, SUBRECIPIENT
shall initiate reasonable steps, or comply with the Department of the Treasury's directives,
to ensure that LEP persons have meaningful access to its programs, services, and activities.
SUBRECIPIENT understands and agrees that meaningful access may entail providing
language assistance services, including oral interpretation and written translation where
necessary, to ensure effective communication in the SUBRECIPIENT's programs,
services, and activities.
COLLIER COUNTY MUSEUM DIVISION
ARP21-04
American Rescue Plan-Immokatee Pioneer Museum Page 42
3. SUBRECIPIENT agrees to consider the need for language services for LEP persons when
SUBRECIPIENT develops applicable budgets and conducts programs, services, and
activities. As For more information on taking reasonable steps to provide meaningful
access for LEP persons, please visit http://www.leu.pov.
4. SUBRECIPIENT acknowledges and agrees that compliance with the assurances
constitutes a condition of continued receipt of Federal financial assistance and is binding
upon SUBRECPIENTand its successors, transferees, and assignees for the period in which
such assistance is provided.
5. SUBRECIPIENT acknowledges and agrees that it must require any sub -grantees,
contractors, successors, transferees, and assignees to comply with assistances 14 above,
and agrees to incorporate the following language in every contract or agreement subject to
Title VI and its regulations between the SUBRECIPIENT and the its sub -grantees,
contractors, subcontractors, successors, transferees, and assignees:
The sub -grantee, contractor, subcontractor, transferee, and assignee shall comply
with the Title VI of the Civil Rights Act of 1964, which prohibits recipients of
Federal financial assistance from excluding from a program or activity, denying
benefits of, or otherwise discriminating against aperson on the basis ofrace, color,
or national origin (42 USC § 2000d et seq.), as implemented by the Department of
the Treasury's Title Wregulations, 31 CFR Part 22, which are herein incorporated
by reference and made apart of this contract (or agreement). Title VI also includes
protection to persons with "Limited English Proficiency" in any program or
activity receiving Federal financial assistance, 42 USC § 2000d et seq., as
implemented by the Department of Treasury's Title VI regulations, 31 CFR Part
22, and herein incorporated by reference and made a part of this contract or
agreement.
6. SUBRECIPIENT understands and agrees that if any real property or structure is provided
or improved with the aid of federal financial assistance by the Department of the Treasury,
this assurance obligates the SUBRECIPIENT, or in the case of a subsequent transfer, the
transferee, for the period during which the real property or structure is used for a purpose
for which the Federal financial assistance is extended or for another purpose involving the
provision of similar services or benefits. If any personal property is provided, this assurance
obligates the SUBRECIPIENT for the period during which it retains ownership or
possession of the property.
SUBRECIPIENT shall cooperate in any enforcement or compliance review activities by
the Department of the Treasury of the aforementioned obligations. Enforcement may
include investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. The SUBRECIPIENT shall comply with
information requests, on -site compliance reviews and reporting requirements.
8. SUBRECIPIENT shall maintain an complaint log and inform the Department of the
Treasury of any complaints of discrimination on the grounds of race, color, or national
origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964
COLLIER COUNTY MUSEUM DIVISION
ARP2l-04
American Rescue Plan-Immokalee Pioneer Museum Page 43
and implementing regulations and provide, upon request, a list of all such reviews or
proceedings based on the complaint, pending or completed, including outcome.
SUBRECIPIENT also must inform the Department of the Treasury if SUBRECIPIENT
has received no complaints under Title VI.
9. SUBRECIPIENT must provide documentation of an administrative agency's or court's
findings of non-compliance of Title VI and efforts to address non-compliance, including
any voluntary compliance or other agreements between the SUBRECIPIENT and the
administrative agency that made the finding. If the SUBRECIPIENT settles a case or
matter alleging such discrimination, the SUBRECIPIENT must provide documentation of
the settlement. If SUBRECIPIENT has not been the subject of any court or administration
agency finding of discrimination, please so state.
10. If the SUBRECIPIENT makes sub -awards to other agencies or other entities, the
SUBRECIPIENT is responsible for ensuring the subrecipients also comply with Title VI
and other applicable authorities covered in this document. State agencies that make sub -
awards must have in place standard grant assurances and review procedures to demonstrate
that they are effectively monitoring the civil rights compliance of subrecipients.
The United State of America has the right to seek judicial enforcement of the terms of this
assurances document and nothing in this document alters or limits the federal enforcement
measures that the Unites States may take in order to address violations of this document or
applicable Federal law.
COLLIER COUNTY MUSEUM DIV ISION
ARP21-04
American Rescue Plan-Immokalee Pioneer Museum Page 44