Agenda 12/13/2022 Item #16D 4 (Accessible and equitable healthcare system in the Immokalee farmworker communities)12/13/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the Second Amendment to the Agreement
between Collier County and Collier Health Services, Inc., for the Community Health Workers for COVID -
19 Response for Resilient Communities program and increase the subrecipient award amount by $388,069,
to a total award of $782,524. (Housing Grant Fund 705)
___________________________________________________________________________________
OBJECTIVE: To provide an accessible and equitable healthcare system in the Immokalee farmworker
communities, to improve the response to the COVID-19 pandemic.
CONSIDERATIONS: On June 8, 2021 (Agenda Item #16D12), the Collier County Board of County
Commissioners (Board) approved the submittal of an application to the Centers for Disease Control and Prevention
(CDC) for the Community Health Workers for COVID-19 Response for Resilient Communities (CCR) Grant. This
grant supports the implementation of an outreach program for those most impacted and at risk of COVID-19. The
grant supports advancing an accessible and equitable healthcare system in extra-mile communities. Community
Healthcare Workers (CHWs) form care teams to support COVID-19 response efforts with high-risk populations
with a primary focus on outreach and engagement. The primary goals of the grant program are to form teams of
CHWs to conduct twenty (20) home visits a month to integrate primary care services in high -risk populated areas
including medical, dental, and mental health services. CHWs are required to complete COVID-19 response
training, provide outreach messaging and report the number of individuals engaged through messaging and
education. On September 28, 2021 (Agenda Item #16D9), the Board approved a Federal Notice of Award from the
CDC, in the amount of $421,744, for the Year 1 budget period of August 31, 2021 - August 30, 2022. On
September 13, 2022 (Agenda Item # 11H), the Board approved a Notice of Award from the CDC, in the amount of
$421,744, for the Year 2 budget period of August 31, 2022 - August 30, 2023. The Year 3 budget period is subject
to future approval by the CDC.
On December 14, 2021 (Agenda Item #16D18), the Board executed a subrecipient agreement with Collier Health
Services. Inc. (CHSI) in the amount of $293,218.22, to implement the CDC CCR grant program. Funding includes
personnel, travel, supplies, and program evaluation. Under this agreement, CHSI has hired and is training a team of
six (6) Community Health Workers (CHWs) to deliver COVID-19-related services and serve as resource navigators
within medically underserved communities of Collier County.
On May 24, 2022 (Agenda Item #16D3) the Board approved an amendment to the subrecipient agreement to
increase the Year 1 award amount by $101,236.78 to a total award of $394,455. The increase was to expand the
program evaluation line item of their funding and allow CHSI to enter into vendor service agreements for expanded
evaluation and program consultation services which are necessary to meet the evaluation, reporting, and
implementation standards of the CDC CCR program.
The Second Amendment will add Year 2 funding to the subrecipient agreement in the amount of $388,069, for a
total award of $782,524. The Year 2 funding will expand the personnel line item at the request of CHSI to cover
FICA costs for CHSI staff. The amendment eliminates the travel component of the budget and reduces supplies and
program evaluation and consultation services. The budget changes are in accordance with CDC guidance.
FISCAL IMPACT: Year 1 and Year 2 federal funding in the amount of $843,488 currently resides in Housing
Grant Fund (705), Project 33772. Of that amount, $782,524 is sub-awarded to CHSI and $60,964 is the Collier
County portion. There is no match requirement for this grant program.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board
action. -DDP
RECOMMENDATION: To approve and authorize the Chairman to sign the Second Amendment to the
16.D.4
Packet Pg. 1735
12/13/2022
Agreement between Collier County and Collier Health Services, Inc., for the Community Health Workers for
COVID-19 Response for Resilient Communities Program and increase the subrecipient award amount by $388,069,
to a total award of $782,524.
Prepared By: Joshua Thomas, Grants Coordinator, Community & Human Services Division
ATTACHMENT(S)
1. CHSI Amendment 2 CAO Stamped (PDF)
2. FIRST AMEND 2022 05-24 CDC CCR CHSI (PDF)
3. SUB-AGRMT 2021 08-31 CDC CCR CHSI d.b.a Healthcare Network (PDF)
16.D.4
Packet Pg. 1736
12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4
Doc ID: 23827
Item Summary: Recommendation to approve and authorize the Chairman to sign the Second Amendment to the
Agreement between Collier County and Collier Health Services, Inc., for the Community Health Workers for
COVID-19 Response for Resilient Communities program and increase the subrecipient award amount by $388,069,
to a total award of $782,524. (Housing Grant Fund 705)
Meeting Date: 12/13/2022
Prepared by:
Title: Operations Analyst – Community & Human Services
Name: Joshua Thomas
11/04/2022 10:36 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
11/04/2022 10:36 AM
Approved By:
Review:
Community & Human Services Tami Bailey Additional Reviewer Completed 11/04/2022 11:00 AM
Community & Human Services Cynthia Balterman Additional Reviewer Completed 11/04/2022 11:41 AM
Community & Human Services Kristi Sonntag CHS Review Completed 11/04/2022 5:54 PM
Operations & Veteran Services Jeff Newman Additional Reviewer Completed 11/08/2022 6:31 AM
Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 11/08/2022 3:46 PM
Public Services Department Todd Henry PSD Level 1 Reviewer Completed 11/09/2022 10:45 AM
Grants Erica Robinson Level 2 Grants Review Completed 11/10/2022 8:23 AM
Public Services Department Tanya Williams PSD Department Head Review Completed 11/15/2022 12:28 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/16/2022 1:26 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/16/2022 1:44 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/16/2022 4:08 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 11/21/2022 9:10 AM
Grants Therese Stanley Additional Reviewer Completed 11/28/2022 10:32 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 11/29/2022 12:17 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/05/2022 8:11 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
16.D.4
Packet Pg. 1737
16.D.4.a
Packet Pg. 1738 Attachment: CHSI Amendment 2 CAO Stamped (23827 : CHSI Amendment 2)
16.D.4.a
Packet Pg. 1739 Attachment: CHSI Amendment 2 CAO Stamped (23827 : CHSI Amendment 2)
16.D.4.a
Packet Pg. 1740 Attachment: CHSI Amendment 2 CAO Stamped (23827 : CHSI Amendment 2)
16.D.4.a
Packet Pg. 1741 Attachment: CHSI Amendment 2 CAO Stamped (23827 : CHSI Amendment 2)
16.D.4.a
Packet Pg. 1742 Attachment: CHSI Amendment 2 CAO Stamped (23827 : CHSI Amendment 2)
16.D.4.a
Packet Pg. 1743 Attachment: CHSI Amendment 2 CAO Stamped (23827 : CHSI Amendment 2)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Kristi Sonntag Community and Human CS f.) 2-8
Strt r McA Services
2. County Attorney Office p e County Attorney Office Do( P s
r
1 ZZ-
3. BCC Office Board of County
Commissioners Wit(/)'. I5/ .5/2 c/z z
4. Minutes and Records Clerk of Court's Office
z"Ce4P1(
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Kristi Sonntag, CHS Phone Number 252-2486
Contact/ Department
Agenda Date Item was 5/24/2022 Agenda Item Number
Approved by the BCC J J
Type of Document FIRST AMENDMENT TO SUBRECIPIENT Number of Original 3 (/1410EE1 1T (!4
Attached AGREEMENT CDC21-01 Documents Attached roc(/tfithLa'-
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK CS
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CS
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during (( N/A is not
the meeting have been incorporated in the attached document. The County 00e an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the e N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. Jyyyy this line.
16.D.4.b
Packet Pg. 1744 Attachment: FIRST AMEND 2022 05-24 CDC CCR CHSI (23827 : CHSI Amendment 2)
MEMORANDUM
Date: May 27, 2022
To: Kristi Sonntag, Division Director
Community & Human Services
From:Martha Vergara, Sr. Deputy Clerk
Minutes and Records Department
Re: lst Amendment to Agreement between Collier County and
Collier Health Services, Inc. d/b/a Healthcare Network
Attached for your records are two (2) originals of each document referenced above
Item #16D3) approved by the Board of County Commissioners on Tuesday, May 24,
2022.
An original of each has been kept by the Minutes and Records Department in the
Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you
16.D.4.b
Packet Pg. 1745 Attachment: FIRST AMEND 2022 05-24 CDC CCR CHSI (23827 : CHSI Amendment 2)
FAIN# NU58DP007038
Federal Award Date 8/31/2021
Federal Award Agency U.S. Department of Health and
Human Services/Centers for
Disease Control and
Prevention(HHS/CDC)
CFDA Name Community Health Workers
for COVID Response and
Resilient Communities(CCR)
CFDA/CSFA# 93.495
Total Amount of Federal PY1 $293,218.22 $394,455.00
Funds Awarded PY2*
PY3*
Contingent upon CDC and
COUNTY approval
SUBRECIPIENT Name Collier Health Services, Inc.
d/b/a Healthcare Network
DUNS 085019511
UEI GPXBQKU6AJA5
FEIN 59-1741277
R&D N/A
Indirect Cost Rate N/A
Period of Performance 8/31/2021 - 8/30/2024
Fiscal Year End 03/31
Monitor End: 11/2024
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER HEALTH SERVICES,INC.D/B/A HEALTHCARE NETWORK
Collier County Community Health Coalition:
Advancing Accessible&Equitable Healthcare Systems in Extra Mile Migrant Worker Communities
THIS AMENDMENT is made and entered into this2Oday of in 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 Health Services, Inc. d/b/a Healthcare Network,
SUBRECIPIENT), having its principal office at 1454 Madison Ave W, Immokalee,Florida 34142.
WITNESSETH
WHEREAS, on December 14, 2021, Agenda Item 16.D.18,the COUNTY entered into an
Agreement with Collier Health Services, Inc. to administer the Centers for Disease Control and
Prevention, Community Health Workers for COVID Response and Resilient Communities(CCR)
program; and
COLLIER HEALTH SERVICES,INC D/B/A HEALTHCARE NETWORK
First Amendment to CDC21-01
Collier County Community Health Coalition(CCCHC) Page 1
cP0
16.D.4.b
Packet Pg. 1746 Attachment: FIRST AMEND 2022 05-24 CDC CCR CHSI (23827 : CHSI Amendment 2)
WHEREAS, the parties wish to amend the Agreement to include the language as stated
below.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree to amend the Agreement as set forth below.
Words Struck----T-lirough are deleted; Words Underlined are added.
PART 1
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDC funding, as determined by Collier County Community and Human
Services Division(CHS),perform the tasks necessary to conduct the program as follows:
Project Name: Collier County Community Health Coalition: Advancing Accessible and Equitable
Healthcare Systems in Extra Mile Migrant Worker Communities(CCCHC)
Description of project and outcome: The CCCHC program will support COVID-19 response
efforts in communities hit hardest and among Priority Populations that are at higher risk for
COVID-19 exposure, infection, and poor health outcomes. Through this program, Community
Health Workers (CHWs) will serve Extra Mile communities within Collier County. Extra Mile
communities are defined as medically underserved communities in which the residents must make
additional efforts,require additional resources,and/or overcome barriers in order to access quality
healthcare. Communities may include, but are not limited to: Immokalee, Golden Gate, Lely,
Everglades City,Goodland,Copeland,and Chokoloskee.
Project Component One: Salaries, payroll taxes and fringe benefits for program personnel, not to
exceed six (1.0 FTE) Community Health Workers; one (0.15 FTE) Human Resources Manager;
and one(0.15 FTE)Community Relations Director.
Project Component Two: Travel,reimbursed according to the federal GSA rate.
Project Component Three: Supplies, including but not limited to tablets, cell phones, monthly
cellular service plans, PPE, sanitization supplies, and other materials necessary for COVID-19
testing events.
Project Component Four: All costs associated with contracted Program Evaluation and
Consultation Services
1. Project Tasks:
a. Task 1: Recruit,hire,and train no more than six(6)new Community Health Workers,
demonstrated by signed offer letter and job description for each new hire.
b. Task 2: Provide a monthly mileage log for travel throughout Collier County.
COLLIER HEALTH SERVICES,INC D/B/A HEALTHCARE NETWORK
First Amendment to CDC21-01
Collier County Community Health Coalition(CCCHC) Page 2
CAO
16.D.4.b
Packet Pg. 1747 Attachment: FIRST AMEND 2022 05-24 CDC CCR CHSI (23827 : CHSI Amendment 2)
c. Task 3: Conduct a minimum of one (1) COVID-19 testing event and participate in a
minimum of one(1)COVID-19 vaccination outreach event,in Extra Mile communities
in Collier County.
d. Task 4: Develop Vendor Service Agreements,to assist with program implementation,
training,data evaluation and the preparation of reports. To include the submission of;
no less than one;semi-annual report,including data as required by the CDC,to CHS.
1.1 PROJECT DETAILS
A. Project Description/Project Budget Program Year 1
Description Federal Amount
Project Component 1: Salaries 251,250.00
Project Component 2: Travel 19,776.96 $19,777.00
Project Component 3: Supplies 11,629.86 $11,630.00
Project Component 4: Program Evaluation and Consultation $10,561A0 $111,798.00
Services*
Total Federal Funds: 293,218.22 $394,455.00
All costs associated with Program Evaluation and Consultation Services shall be retroactive to 3/1/2022.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available a cumulative total of TWO HUNDRED AND NINETY
THREE THOUSAND, TWO HUNDRED AND EIGHTEEN DOLLARS and TWENTY TWO
CENTS ($293,218.22) THREE HUNDRED AND NINETY-FOUR THOUSAND, FOUR
HUNDRED AND FIFTY-FIVE DOLLARS ($394,455.00) in Year One (1), with additional
funding for the remaining years to be determined by the CDC at the end of each funding year,for
use by the SUBRECIPIENT during the Agreement (hereinafter, referred to as the "Funds"), as
restricted by Program Year. Funds are subject to CDC authorization and COUNTY approval for
Year 2 and Year 3. SUBRECIPIENT may use Funds only for expenses eligible under Coronavirus
Aid, Relief, and Economic Security Act ("CARES"), Public Law 116-136 and under the Public
Health Service Act 42 U.S.C. 301(a),and further outlined in HHS/CDC Guidance.
COLLIER HEALTH SERVICES,INC D/B/A HEALTHCARE NETWORK
First Amendment to CDC21-01
Collier County Community Health Coalition(CCCHC) Page 3
0
16.D.4.b
Packet Pg. 1748 Attachment: FIRST AMEND 2022 05-24 CDC CCR CHSI (23827 : CHSI Amendment 2)
The CDC requires that Funds from Coronavirus Aid, Relief, and Economic Security Act
CARES")only be used to cover expenses that:
B. Were incurred during the authorized Program Years, defined as:
Program Year 1 08/31/2021 —08/30/2022 293,218.22
394,455.00
Program Year 2** 08/31/2022—08/30/2023 As approved by CDC
Program Year 3** 08/31/2023—08/30/2024 As approved by CDC
Only applicable if authorized by the CDC and upon approval by the COUNTY.
Remainder of Page Intentionally Left Blank
COLLIER HEALTH SERVICES,INC D/B/A HEALTHCARE NETWORK
First Amendment to CDC21-01
Collier County Community Health Coalition(CCCHC) Page 4
n
16.D.4.b
Packet Pg. 1749 Attachment: FIRST AMEND 2022 05-24 CDC CCR CHSI (23827 : CHSI Amendment 2)
IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY,have each respectively,by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF CO"' • • • SSION 'S OF
CRYSTAL K.lrL CLERK COLLIER ORIDA Opt,
By:
epu r WIL i•M L. MC DANIEL,JR.,
nest as'to Chairman's" CHA ' 'ERSON
cilnatur)n!y.
Z IDate: /2/ ZoZZ
U4 g t# l I`
7 Z,n, COLLIER HEA - _ • .,INC. D/B/A
Dated: O7/ HEAL
SEA )
i_
I'
BY:
JO "P' R, C I.' OP..' •TING
Date:
A ved as to form and ality:
Derek D.Perry
Assistant County Attorney
Date: 5/2 S i 2 2-
COLLIER HEALTI I SERVICES,INC DB/A HEALTHCARE NETWORK
First Amendment to CDC21-01
Collier County Community Health Coalition(CCCHC) Page 5
16.D.4.b
Packet Pg. 1750 Attachment: FIRST AMEND 2022 05-24 CDC CCR CHSI (23827 : CHSI Amendment 2)
FAIN# NU58DP007038
Federal Award Date 8/31/2021
Federal Award Agency U.S . Department of Hea lt h
and Human
Services/Centers for
Disease Control and
Pr evention (HHS/CDC)
CFDAName Community Health
Workers for COVID
Response and Resilient
Communities (CCR)
CFDA/CSFA# 93.495
Total Amount of Federal PYl $293,218.22
Funds Awarded PY2*
PY3*
*Contingent upon CDC
and COUNTY approval
SUBRECIPIENT Name Collier Health Services,
Inc. d/b/a Healthcare
Network
DUNS# 08501951 1
FEIN 59-1741277
R&D NIA
Indirect Cost Rate NIA
Period of Performance 8/31/2021 -8/30/2024
Fiscal Year End 03/31
Monitor End: 1 1/2024
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER HEALTH SERVICES, INC. D/B/A HEALTHCARE NETWORK
Collier County Community Hea lth Coalitio n:
Advancing Accessib le & Equitab le Hea lthcare Systems in Extra Mile Migrant Worke r Communities
4'1
THIS AGREEMENT is made and entered into this _tl day of J3 .l.c . 2021, by and between
Collier County, a political subdivision of the State of F lorida, (COUNTY) having its principal address at
3339 E Tamiami Trail, Naples FL 341 12, and Collier Health Services, Inc. d/b/a Healthcare Network ,
(SUBRECIPIENT), having its principal office at 1454 Madison Ave W, Immokalee, Florida 34142.
WHEREAS, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act,
which was signed into law on March 27, 2020. Included in the legislation was funding allocation to the
Centers for Disease Control and Prevention, for the Community Health Workers for COVID Response and
Resilient Communities (CCR) program; and
WHEREAS, the COUNTY has accepted an award from the U.S. Department ofHealth and Human
Servies/Centers for Disease Control and Prevention (HHS/CDC) for a grant to execute and implement the
COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK
CDC2 1-0I
Collier County Community Health Coa lition (CCCHC) Page 1
CAO
16.D.4.c
Packet Pg. 1751 Attachment: SUB-AGRMT 2021 08-31 CDC CCR CHSI d.b.a Healthcare Network (23827 : CHSI Amendment 2)
Collier County Community Health Coalition (CCCHC) program, pursuant to the Coronavirus Aid, Relief,
and Economic Security Act ("CARES"), Public Law 116-136 and under the Public Health Service Act 42
U.S.C. 30l(a) and
WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking ce1iain activities
to build and strengthen community resilience to fight COVID-19 through addressing existing health
disparities; and
WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the
SUBRECIPIENT, is qualified to receive Program funding; and
WHEREAS, the COUNTY and the SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking of the Collier County Community Health Coalition (CCCHC) project.
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for
other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a
Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and
agreements herein set forth.
PARTI
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDC funding, as determined by Collier County Community and Human
Services Division (CHS), perform the tasks necessary to conduct the program as follows:
Project Name: Collier County Community Health Coa lition: Advancing Accessible and Equitable
Healthcare Systems in Extra Mile Migrant Worker Communities (CCCHC)
Description of project and outcome: The ccq-IC program will support COVID-19 response
efforts in communities hi t hardest and among Priority Populations that are at higher risk for
COVID-19 exposure, infection, and poor health outcomes. Through this program, Community
Health Workers (CHWs) will serve Extra Mile communities within Collier County. Extra Mile
communities are defined as medically underserved communities in which the residents must make
additional effmis, require additional resources, and/or overcome ba!1'iers in order to access quality
healthcare. Communities may include, but are not limited to: Immokalee, Golden Gate, Lely,
Everglades City, Goodland, Copeland, and Chokoloskee.
Project Component One: Salaries, payroll taxes and fringe benefits for program personnel, not to
exceed six (l.O FTE) Community Health Workers; one (0.15 FTE) Human Resources Manager;
and one (0.15 FTE) Community Relations Director.
Project Component Two: Travel, reimbursed according to the federal GSA rate.
COLLIE R HEAL TH SERVICES, INC D/B/A HEALTHCARE NETWORK
CDC21-0I
Collier County Community Health Coalition (CCCHC) Page2
CAO
16.D.4.c
Packet Pg. 1752 Attachment: SUB-AGRMT 2021 08-31 CDC CCR CHSI d.b.a Healthcare Network (23827 : CHSI Amendment 2)
Project Component Three: Supplies, including but not limited to tablets, cell phones, monthly
cellular service plans, PPE, sanitization supplies, and other materials necessary for COVID-19
testing events.
Project Component Four: Program Evaluation Services
I . Project Tasks:
a. Task I: Recruit, hire, and train no more than six (6) new Community Health Workers,
demonstrated by signed offer letter and job de scription for each new hire.
b. Task 2: Provide a monthly mileage log for travel throughout Collier County.
c. Task 3: Conduct a minimum of one (I) COVID-19 testing event and participate in a
minimum of one (I) COVID-19 vaccination outreach event, in Extra Mile communities
in Collier County.
d. Task 4: Vendor Service Agreement, to assist with data evaluation and the preparation.
To include the submission of, no less than one, semi-annual repo1t including data as
required by the CDC to CHS.
2. CDC Documentation Requirements Compliance Criteria:
Activities carried out with funds provided und er this Agreement will contribute to a
program designed to:
a. Suppo1t urgent COVID-19 response efforts to continue to decrease spread of the virus
and bring the pandemic under control.
b. Address systemic public health challenges that have contributed to the inequal impact
of the pandemic.
1.1 GRANT AND SPECIAL CONDITIONS
Performance under this Agreement is subject to 45 CFR 75 Uniform Administrative Rules for
Federal Grants and Cooperative Agreements and Subawards to State, Local, and Indian Tribal
Governments and 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. The obligation of the COUNTY to make the Grant is subject to
the following conditions precedent.
A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project.
B. The following checked policies must be submitted within sixty (60) days of execution of
this Agreement:
D Affirmative Fair Housing Policy
[gJ Affirmative Action/ Equal Opportunity Policy
[gJ Conflict oflnterest Policy
[gJ Procurement Policy
COLLIER HEA LTH SERVICES, INC D/B/A HEALTHCARE NETWORK
CDC21-0I
Coll ie r County Community Health Coalition (CCCHC) Page3
16.D.4.c
Packet Pg. 1753 Attachment: SUB-AGRMT 2021 08-31 CDC CCR CHSI d.b.a Healthcare Network (23827 : CHSI Amendment 2)
D Davis-Bacon Policy
D Uniform Relocation Act Policy
~ Sexual Harassment Policy
D Section 3 Policy
~ Section 504/ADA Policy
~ Fraud, Waste, and Abuse Policy
~ Limited English Proficiency Policy (LEP)
~ Violence Against Women Act (VA WA) Policy
~ LGBTQ Policy
C. Annual SUBRECIPIENT Training -
All SUBRECIPIENT staff assigned to the administration and implementation of th e
Project establi shed by this Agreement, shall attend all CHS-offered Subrecipient training,
relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3)
sessions, per year.
1.2 PROJECT DETAILS
A. Project Description/Project Budget Program Year l
Description Federal Amount
Proiect Component 1: Salaries $251,250 .00
Proiect Component 2: Travel $19,776.96
Proiect Component 3: Supplies $11 ,629.86
Proiect Comoonent 4: Program Evaluation Services $10,561.40
Total Federal Funds: $293,218.22
B. Project Description/Project Budget Program Year 2*
DescriPtion Federal Amount
Proiect Component 1: $
Proiect ComPonent 2: $
Proiect Comoonent 3: $
Project ComPonent 4: $
Total Federal Funds: $
C. Project Description/Project Budget Program Year 3*
Description Federal Amount
Proiect Component 1: $
Project Comoonent 2: $
Proiect Component 3: $
Project Comoonent 4: $
Tota l Federal Fund s: $
* Only applicable if au thorized by the CDC and upon approval by the County Manager.
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The SUBRECIPIENT will accomplish the following checked project tasks:
Maintain documentatioan of services to persons/business in Qualified Census Tract
Maintain documentation of Evidenced-Based Programming including performance
outcomes and output
Maintain COVID documentation
Maintain and provide to the COUNTY, as requested, beneficiary and/or income
certification documentation
Maintain Eligibility Documentation, retained at SUBRECIPIENT location
Provide project progress reports
Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
Identify Lead Project Manager
D. Performance Deliverables
Program Deliverable Deliverable Supporting
Documentation
Special Grant Condition Policies Policies as stated in this
(Section I. I) Agreement
Insurance Insurance Certificate (Exhibit A
Detailed Project Schedule Proiect Schedule
Program Policy Manual Policy Manual
Performance Data System Performance Data Input
Updates
Progress Repo1t Exhibit C
Annual Performamce Report Grant Solutions Form, provided
bv Grant Coordinator
Success Stories Two (2) Nanatives submitted
via NCCDPHP Success Stories
Annlication Form
Annual Audit Monitoring Exhibit D
Repo1t
Financial and Compliance Audit Audit, Management Letter
Program Income Reuse Plan Plan Aooroved bv the COUNTY
E. Payment Deliverables
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Co lli er County Commu nity Hea lth Coalition (CCCHC)
Submission Schedule
Within sixty (60) days of
Agreement execution
Within thirty (30) days of
Agreement execution and
Annually within thirty (30) days
of renewa l
NIA
Within sixty (60) days of
Agreement execution
Monthly, by 30th day of
following month of service
Due 10th of month following
reporting period established by
CDC
Annua ll y, 150 days before the
end of the budget oeriod
Annually, due 15 days following
end of the program year
Within sixty (60) days of
Agre ement execution and Fiscal
Year (FY) End
Annually: nine (9) months after
FY end for Single Audit OR one
hundred eighty ( 180) days after
FY end
NIA
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Pavment Deliverable Payment Suooortimz Documentation Submission Schedule
Project Component 1: Salaries Submission of supporting documents Submission of
must be provided, as evidenced by offer monthly invoices
letter and job description (first pay within 30 days of the
request) for new hires, signed timesheets, month of service.
payroll registers, check stubs, bank
statements, and any o ther additional
documentation as requested. (Exhibit B)
Project Component 2: Travel Submission of supporting documents Submission of
must be provided, as evidenced by, monthly invoices
mileage logs, GSA rate documentation, within 30 days of the
check stubs, bank statements, and any month of service.
other additional documentation as
requested . (Exhibit B)
Project Component 3: Supplies Submission of suppo1ting documents Submission of
must be provided, as evidenced by monthly invoices
receipts, invoices, check stubs, bank within 30 days of the
statements, and any other additional month of service.
documentation as requested.
Documentation ofno less than one (1)
COVID-19 testing event and no less than
one ( 1) COVID-19 vaccination event.
(Exhibit B)
Project Component 4: Program Submission of supporting docu ments Submission of
Evaluation Services must be provided, as evidenced by monthly invoices
vendor contract (first pay request), within 30 days of the
invoices, check stubs, bank statements, month of service.
and any other additional documentation
as requested. (Exhibit B)
1.3 PERIOD OF PERFORMANCE
Pursuant to the CDC, this is a three (3) year grant program, with a one (1) year funding with up to
two (2) additional program funding years. Annua l funding shall be dependent upon satisfaction of
the performance measures, outlined in Exhibit C, and continuation of the program by the CDC.
The SUBRECIPIENT services shall statt on August 31, 2021, retroactively in accordance w ith
CDC and Coronavirus Aid, Relief, and Economic Security Act ("CARES") language, and shall end
on August 30, 2024 unless terminated earlier, in accordance with provisions of Paragraph 3.9,
Defaults, Remedies, and Tetmination. In accordance with 2 CFR 200 Subpart E -Cost Principles
and Section 215.97(1)(d) Florida Statutes, the SUBRECIPIENT, may expend funds authorized by
this Agreement, only for allowable costs resulting from obligations incurred during the specific
agreement period.
If the SUBRECIPIENT complies with all requirements set fmth herein, this Agreement shall
terminate August 30, 2024, whereupon all obligat ions of the SUBRECIPIENT for repayment of
funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not
waive its rights to recover any damages arising from or relating the SUBRECIPIENT's breach of
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any of the Grant Documents, including but not limited to this Agreement and/or any attachments
hereto which occurred in whole or in pa1t before said termination.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available a cumulative total of TWO HUNDRED AND NINETY
THREE THOUSAND, TWO HUNDRED AND EIGHTEEN DOLLARS and TWENTY TWO
CENTS ($293,218.22) in Year One (I), with additional funding for the remaining years to be
determined by the CDC at the end of each funding year, for use by the SUB RECIPIENT during the
Agreement (hereinafter, referred to as the "Funds"), as resh'icted by Program Year. Funds are
subject to CDC authorization and COUNTY approval for Year 2 and Year 3. SUBRECIPIENT
may use Funds only for expenses eligible under Coronavirus Aid, Relief, and Economic Security
Act ("CARES"), Public Law 116-136 and under the Public Health Service Act 42 U.S.C. 301 (a),
and further outlined in HHS/CDC Guidance.
The CDC requires that Funds from Coronavirus Aid, Relief, and Economic Security Act
("CARES") only be used to cover expenses that:
A. · Were incurred during the authorized Program Years, defined as:
Program Year I 08/31/2021 -08/30/2022 $ 293,218.22
Program Year 2* 08/31/2022-08/30/2023 $As approved
by CDC
Program Year 3* 08/31/2023 -08/30/2024 $As approved
by CDC
* Only applicable if authorized by the CDC and upon approval by the COUNTY.
B. Program strategies include integrating CHWs into organizations and care teams and
strengthening relevant CHW knowledge, roles, and skills to prepare them to successfully
engage with existing state and/or local public health-led actions to manage COVID-19
among priority populations. Priority populations are those with increased prevalence of
COVID-19 and are disproportionately impacted by long-standing health disparities related
to sociodemographic characteristics, geographic regions, and economic strata.
C. Examples of Priority Populations include:
i. Racial and ethnic minority groups; and
ii. Persons who are economically disadvantaged; and
iii. Persons who are justice-involved; and
iv. Persons who are experiencing homelessness.
v. Persons who have ce1tain underlying medical conditions that increase COVID-19
risk.
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than IO percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners (Board) approval.
The COUNTY shall reimburse the SUBRECIPIENT for the pe1formance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUB RECIPIENT may not request disbursement of CDC funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the request.
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SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
beginning August 31, 2021. Invoices for work performed are required every month. If no work has
been performed during that month, or if the SUBRECIPIENT is not yet prepared to se nd 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
SUB RECIPIENT fails to perform the minimum level of service required by this Agreement.
Final invoices are due no later than thirty (30) days after the end of the Agreement. Work performed
during the term of the program but not invoiced within thirty (30) days after the end of the
Agreement may not be processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by fmmal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Reimbursements will only be made for
expenditures that the COUNTY provisionally determines are eligible under the CDC. However,
the COUNTY's provisional determination that an expenditure is eligible does not relieve the
SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined
by the COUNTY or Federal government to be ineligible. Except where disputed for
noncompliance, payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR
200 .93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to
the project(s) referenced above, as defined in 2 CFR 200.413 . The SUBRECIPIENT must provide
adequate documentation for validating costs incurred. Payments to SUBRECIPIENT contractors
and vendors are conditioned upon compliance with the procurement requ irements provided for in
2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT and Contractors shall
comply with 2 CFR Subpa1t E-Cost Principles.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Either party
may change the address to which notices are to be sent to it by giv ing written notice of such change
to the other pa1ting in the manner herein provided for giving notice. Any notice, request, instruction,
or other document delivered or sent as aforesaid sha ll be effective on the date of delive ry or sending.
All notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
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COLLIER COUNTY
SUB RECIPIENT
A TTENTION:Catherine Sherman, Grant Coordinator
Collier County Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Catherine.Shennan@colliercountyfl.gov
Telephone: (239) 252-1425
ATTENTION: Julie Pedretti, Vice President of External Affairs
COLLIER HEALTH SERVICES, INC. d/b/a HEALTHCARE
NETWORK
1454 Madison A venue
Immokalee, Florida 34142
Email: Jpedretti@healthcareswfl.org
Telephone: (239) 658-3792
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2.1 AUDITS
PART II
GRANT CONTROL
REQUIREMENTS
At any time during normal business hours and as often as the COUNTY (and/or its representatives)
may deem necessary, the SUBRECIPIENT sha ll make available for review, inspection, or audit,
all records, documentation, and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must clear any deficiencies noted in audit reports must within 30 days after
receipt of the repott. Failure of the SUBRECIPIENT to comply with the above audit requirements
will constitute a violation of this Agreement and may result in the withholding of future payments.
The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance
with current COUNTY policy concerning SUBRECIPIENT audits.
The determinati on of Federal award amounts expended shall be in accordance with guidelines
es tabli shed by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 2 CFR 200.334,
Coronavirus Aid, Relief, and Economic Security Act ("CARES"), and Section 119 .021, Florida
Statutes, to dete1mine compliance with the requirements of this Agreement, the CCR Program, and
all other applicable laws and regulations. This documentation shall include, but is not limited to,
the following:
A. All records required by HHS/CDC regulations.
B. SUBRECIPIENT agrees to execute such further documents as may be required by law or
prepared by the COUNTY to confirm SUBRECIPIENT's Agreement.
C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
D. All rep011 s, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or comple ted by the SUBRECIPIENT for this
Agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), proc edur es, and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this Agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed und er
the provisions of this Agreement.
E. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT sha ll keep all documents and records in an orderly fashion, in a
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readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.334, and all funds have been expended, unless any litigation, claim, or audit is started
before the expiration date of the five (5) year period, the records will be maintained until
all litigation, claim, or audit findings involving these record s are reso lved. If a
SUBRECIPIENT ceases to exist after the closeout of this Agreement, the COUNTY shall
be informed, in writing, of the address where the records are to be kept, as outlined in 2
CFR 200.337. The SUBRECIPIENT shall meet all requirements for retaining public
records and transfer, at no cost to COUNTY, all public records in possession of the
SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt
and/or confidential public records that and released from public records disclosure
requirements. All records stored electronically must be provided to the COUNTY in a
format that is compatible with the COUNTY's information technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox@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 di sc losed 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 fo11h 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
SUB RECIPIENT does not otherwise have or receive notice or knowledge of the materi al
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 goo d
faith.
2.3 MONITORING
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT's fiscal year end.
In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management
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Letter, and supporting documentation nine (9) months ( or one hundred eighty ( 180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of thi s
Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or the CDC to enable CHS
to evaluate said progress and allow for comp letion of required repo11s. The SUB RECIPIENT shall
allow CHS or the CDC to monitor the SUBRECIPIENT on site. Such site visits may be scheduled
or unscheduled, as determined by CHS or the CDC.
The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goa ls and performance standards, as stated with all
other applicable laws, regulations, and policies governing the funds provided under this Agreement
further defined by 2 CFR 200.332. Substandard performance, as detennined by CHS, will constitute
noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT
within a reasonable period after being notified by CHS, Agreement suspension or termination
procedures will be initiated. SUBRECIPIENT agrees to provide the Hea lth and Human Services
Office of Inspector Genera l, the Government Accountability Office, the Florida Auditor General,
the COUNTY, the COUNTY's internal auditor(s), or their representatives access to all records
related to performance of activities in this Agreement.
2.4 FUNDS TRACKING
SUBRECIPIENT shall demonstrate a record of fiscal responsibility and the ability to provide
sufficient and effect ive oversight. Financial management system must meet the requirements as
described 45 CFR 75 which include, but are not limited to, the following:
A. Records that identify adequately the source and application of funds for federally-funded
activities.
B. Effective contro l over, and accountability for, all funds, property, and other assets.
C. Comparison of expenditures with budget amounts for each Federal award.
D. Written procedures to im plement payment requirements.
E. Written procedures for determining cost a ll owability.
F. Written procedures for financial reporting.
2.5 FUNDING RESTRICTIONS
Restrictions that apply to the implementation of the program are:
A. SUBRECIPIENT may not use funds for research.
B. SUBRECIPIENT may not use funds for clinical care except as allowed by law.
C. SUBRECIPIENT may use funds only for reasonable program purposes, including
personnel, travel, supplies, and services.
D. SUBRECIPIENT may not use funds to purchase of furniture or equipment, unless such
spending is clearly identified in the budget.
E. Reimbursement of pre-award costs generally is not allowed, unless the CDC and COUNTY
provide written approval to the SUBRECIPIENT.
F. Other than for normal and recognized executive-legislative relationships, no funds may be
used for (1) publicity or propaganda purposes, for the preparation, distribution, or use of
any material designed to suppo1t or defeat the enactment of legislation before any
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legislative body or (2) the salary or expenses of SUBRECIPIENT, or agent acting for
SUBRECIPIENT, related to any activity designed to influence the enactment oflegislation,
appropriations, regulation, administrative action, or Executive order proposed or pending
before any legi slat iv e body.
2.6 PREVENTION OF FRAUD, WASTE, ABUSE, AND WHISTLEBLOWER PROTECTION
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent,
detect, and c01Tect incidents of fraud, waste, and abuse in the performance of this Agreement, and
to provide for the proper and effective management of all Program and Fiscal activ iti es of th e
Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant
events shall be clearly documented, and the documentation shall be readily availab le for monitoring
by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all its records, employees, and
agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fu ll y cooperate with COUNTY's efforts to detect, investigate, and prevent
fraud, waste, and abuse.
SUBREICIPIENT acknow ledges that 31 USC Chapter 38, Administrative Remedies for False
Claims and Statements, applies to the actions, pertaining to this Agreement, of the
SUBRECIPIENT and its contractors.
SUBRECIPIENT understands that making false statements or claims in connection with this award
is in violation of Federal law and may resu lt 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 discrim in ate against any employee or other person who repo1ts a
violation of the terms of th is Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the repo1t is made in good fa ith.
In accordance with 41 USC Section 4712, SUBRECIPIENT may not discharge, demote, or
otherwise discrim inate against an employee in reprisal for disclosing to any of the list of persons
or entities provided be low, information that the employee reasonably believes is evidence of gross
mismanagement of a federal co ntract or grant, a gross waste of federal funds, an abuse of authority
relating to a federa l contract or grant, a substantial and specific danger to public health or safety,
or a violation of law, rule, or regul ation 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 Governmenta l
Accountability Office; a Treasury employee responsible for contract or grant oversight or
management; an authorized official of the Department of Justice or other law enforcement agency;
a court or grant jury; or a management official or other employee of COUNTY, SUBRECIPIENT,
contractor, or subcontractor who has the responsibility to investigate, discover, or address
misconduct.
SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
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2.7 CORRECTIVE ACTION
Corrective acti on plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation poli cy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. CHS's policy for escalation for noncompliance is as follows:
1. Initial noncompliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a conective 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. IfSUBRECIPIENT 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 fo11h in
Resolution No. 2013-228.
3. If SUBRECIPIENT remain s noncompliant or repeats an issue that was previously
corrected and has been informed by CHS via certified mail of their substantial
noncompliance, the COUNTY may require a portion of the awarded grant amount
or the amount of the investment fo r acquisition of the properties conveyed, be
returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount be returned to
the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No,
2013-228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
contract or Agreement. The SUBRECIPIENT will be required to repay all
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2.8 REPORTS
funds disbursed by CHS for the terminated project. This includes the amount
invested by the COUNTY for the initial acquisition of propert ies or other
activities.
• The SUBRECIPIENT will be considered in violation of Resolution No.
2013-228.
If th e 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.
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to thi s
Agreement, as deemed necessary by the County Manager or designee .
During the term of this Agreement, SUBRECIPIENT sha ll submit qua11erly progress repo11s to the
COUNTY on the I 0th day of January, April, July, and October. As part of the report submitted at
the end of the project, the SUBRECIPIENT agrees to inclu de a comprehensive final report covering
the agreed-upon Program objectives, activities, and expenditures, including but not limited to,
performance data on client feedback with respect to the goals and objectives set forth in Exhibit C,
which contains an example reportin g form to be used in fulfillment of this requirement. Other
reporting requirements may be required by the County Manager or designee if the Program
changes, the need for additional information or documentation arises, and/or legis lative
amendment s are enacted . Reports and/or requested documentation not received by the due date
shall be considered delinquent and may be cause for default and termination of this Agreement.
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PARTIII
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or sub contracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's so le discretion and judgment.
Any assignee shall be bound by all the terms of this assigned documents.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of the CDC and Coronavirus Aid,
Relief, ·and Economic Security Act ("CARES"). SUBRECIPIENT also agrees to comply with all
other applicable laws, regulations, and policies governing the funds provided under this Agreement,
including the requirement to follow the federal procurement process. The SUBRECIPIENT further
agrees to utilize funds available under thi s Agreement to supplement rather than supplant funds
otherw ise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in thi s Agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of emp loyer/employee between the parties. The SUBRECIPIENT
shall always remain an "independent contractor" with respect to the services to be performed under
this Agreement. The COUNTY sha ll be exempt from payment of all Unemployment
Compensation, FICA, retirement , life and/or medical insurance, and Workers' Compensation
Insurance, as the SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the COUNTY'S governing
body. Such amendments sha ll not invalidate this Agreement, nor relieve or release the COUNTY
or SUBRECIPIENT frorh its obligations under thi s Agreement.
The COUNTY may, in its discretion, amend thi s Agreement to conform with Federal, State, or
Local governmental guidelines, poli cies, and available funding amounts, or for other reasons. If
suc h amendments result in a change in the funding, the scope of services, or schedule of the
activities to be unde11aken as pait of this Agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
No modification or waiver of any provision of the Grant Documents, nor consent to any depa1ture
by the SUBRECIPIENT therefrom sha ll in any event be effective unless the same shall be in
writing, and such waiver or consent shall be effective only in the spec ific 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 fu11her exercise thereof or the exercise
of any other right, power, or privilege.
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3.5 AVAILABILITY OF FUNDS
The pa11ies acknowledge that the Funds originate from Department of Health and Human Services/
CDC grant funds, as provided by the Department of Health and Human Services, and must be
implemented in full compliance with all of Department of Health and Human Services rules and
regulations and any agreement between COUNTY and the Department of Health and Human
Services governing CDC funds pertaining to this Agreement. In the event of curtailment or non-
production of said federal funds, or the reduction of funds awarded by the Department of Health
and Human Services/CDC to COUNTY, to a level determined by the County Manager to be
insufficient to adequately administer the project, the financial sources necessary to continue to pay
the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the
COUNTY may terminate this Agreement, which termination shall be effective as of the date that it
is determined by the County Manager or designee, in his/her sole discretion and judgment, that the
funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it
will not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
The SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due
to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned,
granted, or assigned to any party and shall in no event be used for any purpose prohibited by the
Grant Documents or Regulations.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, g uests, c li ents, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge, or reduce any other rights or remedies, which otherwise may be availabl e 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 sha ll pay all costs (including attorney's fees) and judgments which may issue
thereon. This Indemnification s ha ll s urvive the te1mination and/or expiration of this Agreement.
This section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification s hall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28, F lorida Statutes. This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPJENT agrees that all notices, informational pamphlets, press releases,
advertisements, procurement solicitations, descriptions of the sponsorships of the Program,
research reports, and s imilar public notices, whether printed or digitally prepared and released by
SUBRECIPIENT for, on behalf of, and/or about the Program sha ll include the statement:
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"Supported by U.S. Department Health and Human Service/Centers for Disease Control and
Prevention (HHS/CDC) as part of a financial assistance award totaling $XX with 100%
funded by HHS/CDC and Collier County Community and Human Services Division. The
contents are those of the author(s) and do not necessarily reflect the official views of, nor an
endorsement, by HHS/CDC, 01· the U.S. Govemment."
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
fransaction 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 0MB
Guidelines to Agencies on governmentwide Debarment and Suspension (non-procurement), 2 CPR
Pait 180, including the requirement to include a tenn or condition in all lower tier covered
transactions ( contracts and subcontracts described in 2 CPR Part 180, subpart B) that the award is
subject to 2 CPR Part 180 and Health and Human Services' implementing regulation at 45 CPR
Part 75.
3.9 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CPR 200.340, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth, in writing, the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial te1mination, the COUNTY determines that the
remaining po1tion of the award will not accomplish the purpose for which the awa rd was made, the
COUNTY may terminate the award in its entirety. This Agreement may also be terminated if the
award no longer effectuates the program goals or COUNTY priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under thi s
Agreem ent, in compliance with 2 CPR 200, Appendix II (A):
A. Failure to comply with any of the rules, regulations, or provisions refened to herein, or
such statutes, regulations, executive orders, and Health and Human Services guidelines,
policies, or directives as may become applicable at any time.
B. Failure, for any reason, to fulfill in a timely and proper manner its o bligatio ns under thi s
Agreement.
C. Ineffective or improper use of funds provided under thi s Agreement.
D. Submission of reports to the COUNTY that are inconect or incomplete in any material
respect.
E. Submission of any false ce1tification.
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F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other Agreement between the COUNTY
and SUBRECIPIENT relating to the project.
H. The SUBRECIPIENT assigns this Agreement or any money advanced hereunder or any
interest herein .
I. Any representation or warranty made herein or in any repo1t, certificate, financia l
statement, or other instrument furni shed in connect ion with this Agreement or the Grant
sha ll prove to be fa lse in any material respect.
J. If material adverse changes occur in the financ ial condition of the SUBRECIPIENTat any
time during the Agreement, and the SUBRECIPIENT fails to cure th is adverse condition
within thirty (30) days from the date written notice is sent by the COUNTY.
In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any
combination of one or more of the following remedies in compliance with 2 CFR 200, Appendix
II (B):
A. Require specific performance of the Agreement, in whole or in pa1t.
B. Require immediate repayment to the COUNTY of all Grant funds that SUBRECIPIENT
has received under this Agreement, as set forth in Section 1.4.
C. Apply sanctions, if determined by the COUNTY to be applicable.
D. Stop all payments, until identified deficiencies are corrected.
E. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination
and specifying the effective date of such termination. If the Agreement is terminated by the
COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit
for any incomplete project activities unde1taken under this Agreement.
3.10 REVERSION OF ASSETS
In the event of a termination of this Agreement and in add ition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity),
SUBRECIPIENT shall immediately transfer to the COUNTY any prope1ty on hand at the time of
termination and any accounts receivable attributable to the use of Health and Human Services
funds, per 45 CFR 75.
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup a ll or any portion of the
funds or property, as the COUNTY may deem necess ary .
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3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to thi s Agreement unti l
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be canied continually during SUBRECIPIENT's performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in comp li ance with the Grant Budget
and the Scope of Work (Part I), the Uniform Administrative Requirement s, and Cost Principles and
Audit Requirement s 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 thresho ld s are:
Federa l Procurement Standards:
Range: Method/Competition Required
$0 -$10,000 Micro-Purchase
$10,00 l -$250,000 Small Purchase
$250,001+ Sealed Bidding
Collier County Procurement Standards:
Range: Competition Required
$0 -$50 000 3 Written Quotes
$50,001+ Formal Solicitation (1TB, RFP, etc .)
The SUBRECIPIENT shall enter contracts for purchases ~ith the lowest, responsible, and qualified
bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS,
which shall have access to all record s 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 conta in th e highest
percentage of recovered materials practic able, consistent with maintaining a satisfactory level of
completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200 .3 23.
All item s 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 adm ini st ration shall be conducted by the SUBRECIPIENT and
monitored by CHS, which shall have access to all records and documents related to the Project.
3.14 PROGRAM GENERATED INCOME
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No Program Income is anticipated. In the event Program Income is derived from the use of Health
and Human Services funds disbursed under this Agreement, such Program Income shall be utilized
by the SUBRECIPIENT for CDC-eligible activities, approved by COUNTY. Any "Program
Income" (as such term is defined under applicable Federal regulations) gained from any
SUBRECIPIENT activity funded by CDC funds shall be reported to the COUNTY through an
annual program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307. When program income is generated by an activity that is only
partially assisted with CDC funds, the income shall be prorated to reflect the percentage of
CDC funds used. In the event th ere is a program income balance at the end of the Program Year,
such balance shall revert to the COUNTY, for further reallocation.
Purchase of Equipment: Equipment under the SUBRECIPIENT's control that was acquired or
improved, in whole or in part, with CDC funds sha ll be used to navigate the impact of the COVID-
19 outbreak, during the term of this Agreement. If the SUBRECIPIENT sells, transfers, disposes
of, or otherwise fails to continue to use the CDC-assisted eq uipment in a manner that meets a CDC
objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to the current fair market
value of the equipment, less th e percentage of non-CDC funds used to acquire the equipment.
Equipment no longer needed by the SUBRECIPIENT for CDC-eligible activities under this
Agreement shall be: (a) transferred to the COUNTY for use elsewhere in the CDC program, or (b)
retained by the SUBRECIPIENT after compensating the COUNTY an amount equal to the current
fair market value of the equipment, less the percentage of non-CD C funds used to acqui re the
equipment.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY sha ll not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY after the expiration
or termination of the Agreement. Activities during this closeout period shall include, but are not
limited to making final payments, disposing of program assets (inc luding the return of a ll program
income balances, and receivable accou nts to the COUNTY), and determining the custodianship of
records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply
with Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention.
A conflict between state and federal law records retention requirements will result in the more
stringent law being appli ed, such that the record must be held for th e longer duration. Any balance
of unobligated funds that have been adva nced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUB RECIPIENT is entitled to under the te1ms and conditions of thi s
Agreement must be refunded to the COUNTY. SUBRECIPIENT shall a ls o 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 th at no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity carried out by the performance of this Agreement based on
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race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence
of such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment and eligible business concerns located in or owned in
substantial pa1t 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 affo rd small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to participate
in the performance of thi s Agreement. As used in this Agreement, the term "small business" means
a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended
(15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51
percent owned and controlled by minority group members or women. For the purpose of thi s
definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed
or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT
may rely on written representations by businesses regarding their status as minority and female
business enterprises in li eu 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 specificat ion s, in keep ing with the principles as provided in President's
Executive Order 11246 of September 24, 1966, as amended. The SUBRECIPIENT sha ll submi t a
plan for an Affirmative Action Program for approval prior to the award of funds. An Affinnative
Action Program updated during the term of the Agreement must be submitted to the COUNTY
within 30 days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no perso n und er its employ, who presently exe rci ses any
functions or responsibilitie s in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels there in, which would conflict in any manner
or degree with the performance of this Agreement, and that no person having any conflict of interest
sha ll be employed or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all Conflict oflnterest provisions of2 CFR 200.318( c ), and the State and County
statutes, regulation s, 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 pait by a covered pers on, 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 ai·e 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-ma nage the projects using its own
employees.
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Any possible conflict of interest on the pati of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed , in writing, to CHS prov ided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maxi mum opportunity be provided for em ploym ent of and participation of lo w-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 appropriat ed funds to
pay any person or organization for infl uencing or attempting to influ ence the award offederal funds,
as covered by 31 USC 1352, as more fully described in Sec tion 4.32 of thi s Agreeme nt. Cont ractors
who ap ply or bid for an award of $100,000 or more sha ll fil e the requi red ce1iification.
3.21 RELIGIOUS ORGANIZATIONS
CDC fu nds may be used by religious organizations or on property owned by relig ious organizations
only in accordance with requirements set forth in Executive Order 13 279, dated December 12,
2002, as amended . The SUBRECIPIENT shall comply with First Amendment Church/State
princip les as follows:
A. It will not di scrimin ate aga in st any emp loyee or applica nt for employment based on
reli gion 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 relig ion .
C. It will retain its in dependence fro m Federal, State, and Local governments and may
continue to carry out its mission, inclu ding the definition, practice, and expression of it s
religious beliefs, provided it does not use direct CDC funds to support any inherently
relig iou s activities, such as worship, reli giou s in stru ctio n, or prose lyti zing.
D. The fund s shall not be used for the acquisition, construction, or reh ab ilitation of structures
to the extent that those structures are used for inherently religious act ivities. Where a
structure is used for both eligible and inherently religious activities, CDC funds may no t
excee d th e cost of those portions of the acquis iti on, cons truc tion, or re hab ilitation that are
attributable to eligible activities in accordance wit h the cos t acco unti ng requirements
applicab le to CDC funds in thi s part. Sanctuaries, chap els, or other rooms that a CDC
fu nded religious congregatio n uses as its principal pla ce of worsh ip, however, are ineligible
for CDC funded improvements.
3.22 INCIDENT REPORTING
If services to clien ts are to be provide d under this Agreement, the SUBRECIPIENT and any
subcon tractors shall rep011 to the COUNTY kn ow ledge or reasonab le suspicion of abuse, neg lect,
or exp loit ati on of a child, aged person, or disabl ed person.
3 .23 SEVERABILITY
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Should any provision of the Agreement be determined to be un enforceable or invalid, such a
determination sha ll not affec t the validity or enforceability of any other section or part thereof.
3.24 MISCELLANEOUS
The SUBRECIPIENT and COUNTY each binds itself, its pa rtners, successors, legal
representatives, and assigns of suc h other party in respect to all covenants of this Agreement.
The SUBRECIPIENT represents and warrants that the financi al data, reports, and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly rep resent the financial position of the SUBRECIPIENT.
The SUBRECIPIENT cetiifie s that it has the lega l authority to receive the funds under this
Agreement and th at its governing body has authori zed the exec uti on and acceptance of thi s
Agreement. The SUBRECIPIENT also ce rtifi es that th e und ersigne d person has the authority to
legally execute and bind the SUBRECIPIENT to the terms of this Agreement.
The Grant Documents sha ll 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 act ivit ies au th orized by thi s Agreement shall be subjec t to and pe1formed in accordance with
th e provisions of the terms and conditions of th e Agreement between the COUNTY, the
Regulations, all app lic able federal, state, and municipal laws, ord inances, regulations, orders, and
g uidelines, including but not limited to any applicable regulations issued by Health and Human
Services.
Ele ctronic Signatures. Th is Agreement, ancill ary to thi s Agreement, and related documents entered
into in connection with thi s Agreement are signed when a party's signatu re is delivered by
facs imile, e-mail, or any oth er electronic medium. These s ignatu res must be treated in all respects
as having the same fo rce and effect as original s ignatures,
Remainde r of Page Intentionally Left Blank
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PARTIV
GENERAL PROVISIONS
4,1 45 CFR 75 et seq -Uniform Admini s trative Rules for Federal Grants and Cooperative Agreements
and Subawards to State, Local, and Indian Tribal Governments.
https :/ /www.ecfr.gov/current/title-45/subti tle-A/su bchapter-A/part-7 5
4.2 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https ://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/fitle02/2cfr200 main 02.tpl
4.3 1-Il-IS Grants Policy Statement -1-Il-IS Grants Process and Terms and Conditions
https://www.hhs.gov/grants/grants/grants-policies-regulations/index.html
4.4 2 CFR 200.216 -Prohibition of certain telecommunications and video surveillance services or
equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant
funds to: l) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a
contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that
use(s) covered telecommunications equipment or services as a substantial or essential component
of any system or as a critical technology as part of any system.
4.5
4.6
4.7
4.8
Title VI of the Civil Rights Act of 1964 (42 USC§ 2000(d) et seq., and Treasury's implementing
regulation at 31 CFR Patt 22), as amended, Title VIII of the Civil Rights Act of 1968, as amended
https://www.hud.gov/programdescription/title6
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 Depattment of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-l l 246/as-amended
EO 11375 and 12086: see item #8 below
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 adverti sements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Oppot1unity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
Age Discrimination Act of 1975, as amended, (42 USC§ 610 I et. seq.) and Treasury implementing
regulations at 31 CFR, Patt 23, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo 11246.htm
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11375: Amended by EO 11478
114 78: https://www.archives.gov/federal-register/codification/executive-order/ 114 78.html
12 l 07: https://www.arch ives.gov/federal-register/codification/executive-order/l 2 l 07 .html
12086: https ://www .archives. gov/federal-register/codification/executive-order/ 12086.html
4.9 The Americans with Disabilities Act of 1990: Public Law 101 -336, 42 U.S.C. Section 12101 et
seq. http://library.clerk.house.gov/reference-files/PPL l O l 336 AmericansWithDisabilities.pdf
https://www.law.cornell.edu/uscode/text/42/1 2 I O 1
4.10 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.11 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or g ive,
either directly or indirectly, any favor, gift, loan , fee, service, or other item of valu e to any
COUNTY employee, as set forth in Chapter 1 12, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
F lorida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida s tatutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35 l 37
4.12 Order of Precedence -In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the tenns of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by impos ing the more strict or costly obli gation under the Contract Documents upon the
Contractor at Owner's discretion.
4.13 Venue-Any suit of action brought by either pa1ty to thi s Agreement against the other party, relating
to or arising out of this Agreement, must be brought in the appropriate federal or state cou11s, in
Collier County, FL which cou11s have sole jurisdiction on all such matters. (No reference required
for this item).
4.14 Dispute Resolution -Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representat ives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person w ho wou ld make the presentation of any settlement reached during
negotiation s to COUNTY for approval. Failing resolution , and prior to the commencement of
deposit ion s in any litigation between the parties arising out of thi s Agreement, the parties s hall
attempt to resolve the dispute through Mediation before an agreed-upon C ircuit Court Mediator
ce1tified by the State of F lorida. Should either paity fail to submit to mediation as required
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hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes . The litigation ar ising out of this Agreement shall be adjudicated in Collier County, Flori da,
if in state co urt and the US District Co mt, Middle Di strict of Florida, if in federal cou1t. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HA VE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.fl senate.gov/Laws/Stahltes/2012/44 . I 02
4.15 The SUBRECIPIENT agrees to comply with all applicable environmental stand ard s and agrees to
report each violati on for the following :
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo .gov/content/pkg/USCODE-
20 IO-title42 /html /USCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federa l Water Pollution Control Act, 33 USC 1251, et seq., as amende d.
https ://www.govinfo.gov/content/pkg/USCODE-20 l l-title33/pdf/U SCODE-20 l l-title33-
chap26.pdf
http s://www.law.corn ell.edu/us cod e/text/33/chapter-26
4.16 The SUBRECIPIENT must certify that it will provid e drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988 ( 41 USC 70 I) and Treasmy imp lement ing regulations at 31
CFR Patt 20 .
https://www.gpo.gov/fd sys/gra nul e/USCODE-20 09-ti tle4 1/USCODE-2009-title4 l-chap 1 0-
sec70 l
4.17 The SUBRECIPIENT agrees to comply with the Compliance with th e Contract Work Hours and
Safety Standards Act, as contain ed in 29 CFR 5.5, including overtime requirements, liability for
unpaid wages, withholding of unpa id wages and respon sibility for compliance by subcontractors.
ht tps://www.ecfr.gov/cg i-bin/tex t-idx?&node=pt24.4.5#se24.1 .5 1500
4.18 The SUBRECIPIENT certifies that neither it, nor its princ ip als, is presently debarred, suspended,
proposed fo r deba rm ent, declared ineligible, or volunta ril y excluded from participation in thi s
transact ion by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower ti er contract, or other covered transaction, with a person who is
sim il arly debarred or suspended from pa1ticipating in thi s covered transaction as outlined in 2 CFR
200.213. These regulations restrict awa rd s, subawa rds and contracts with certain parties tha t are
debarred, suspended , or otherwise exc luded from or ineli g ibl e to [pmticipate in Federa l assistance
programs and activities.
Pursuant to 2 CFR Pa tt 25, Appendix A, Uni versa l Identifier and System for Awa rd Management
(SAM), a contract award must not be made to patties li sted in the SAM Excl usions. SAM
Exc lu sions is the li st main tained by the General Services Administration that contains the names
of parties debarred, suspended, or ot herw ise exc luded by agencies, as well as parties declared
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ineligible under statutory or regulatory authority other than Executive Order 12549. SAM
Exclusions can be accessed at www.sam.gov.
2 CFR 200.213 Suspension and debarment
https://www.ecfr.gov/cgi-
bin/retrieveECFR ?gp=&SID =c3a97c97ac4 2f9c05af52a7ea2f3d005&mc=true&n=pt2. l .200&r=P
ART &ty=HTML#se2. l.200 1213
https://www.archives.gov/federal-register/cod i fication/executi ve-order/ 1254 9 .htm I
4.19 The SUBRECIPIENT agrees to comply with the following 0MB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, ut ilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.20 Single Audits shall be conducted annua lly , in accordance with 2 CFR 200.501, and shall be
subm itt ed to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT sha ll comply with the requirements and standards of 2 CFR 200 Subpatt F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200,344, if this Agreement is closed out prior to the receipt of an audit
report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after
such closeout.
https://www.ecfr.gov/cgi-bin/text-
idx?SJD =5a78addefff9a535e83fed30 l 0308aef&mc=true&node=se2.1.200 l 344&rgn=div8
4.21 As provided in§ 287. 133, Florida Statutes, by entering into this Agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor li st
maintained by th e State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This noti ce is required by§ 287.133 (3) (a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287 /Sections/0287. 133 .html
4.22 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contr act, the making of any Federal grant,
the making of any Federal loan, the entering int o of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated
funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
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an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned sha ll 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 tier s (including subcontracts, sub-grants, contracts under grants, loan s, and cooperative
agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
4.23 Any rule or regulation determined to be applicable by Health and Human Services.
4.24 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm? App mode=Display Statute&URL=0 I 00-
0199/0 I 19/Sections/0119.021.html
4.25 Florida Statutes 119.061 Travel, using approved state travel voucher
http://www.leg.state.fl.us/statutes/index.cfm? App mode=Display Statute&URL=0 I 00-
0199/0112/Sections/O 112.061.html
4.26 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm? App mode=Display Statute&URL=0 100-
0199/0119/Sections/0119 .0 71 .htm l
4.27 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access . to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www .lep.gov.
4.28 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.29 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated fund s 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 ofa 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 recipi ent. 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 it s subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative
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body. None of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to suppo rt or defeat any legislation pending before local, state, or federal
legislatures.
https://www .law.cornell.ed u/uscode/text/31/1352
4.30 False Claim; Criminal, or Civil Violation: SUBRECIPIENT mu st promptly refer to COUNTY any
credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other
person ha s 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 mi sconduct involving subaward agreement funds.
4.31 Political Activities Prohibited: None of the funds provided dire ctly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any funds provided hereunder shall be
utilized in su pport of any parti san political activities or activities for or against the elect ion of a
candidate for an elected office.
4.32 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October I, 2009), the Treasury encourages
recipients and SUBRECIPIENTs to adopt and enforce policies banning employees from text
messaging while driving any vehicle during the course of performing work funded by the Treasury
and to establish workplace safety policies and conduct education, awareness, and other outreach to
decrease crashes caused by distracted drivers.
4.33 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements (including requirements to report allegations) pe11aining to prohibited conduct related
to th e 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:
http s :// oj p. gov /fu nding/Exp lore/Prohi bi tedCond uct-Trafficking. htm.
4.34 Seat Belt Use: The SUBRECIPIENT agrees to encourage its contractors to adopt and enforce on-
the-job seat belt policies and programs for their employees when operating company-owned,
rented, or perso nally owned vehicles, per Executive Order 13043, 62 FR 19217 (April 18, 1997).
4.35 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federa l funds, either directly or indirectly, in
supp011 of any contract or subaward to eit her ACORN or its subsidiaries, without the express prior
written approval ofOJP.
4.36 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regard ing the substitution of parties, ass ignment, or performance of experimental,
developmental, or re search work under this funding agreement, the SUBRECIPIENT must comply
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with the requirements of 37 CFR Part 401, "Rights oflnventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,"
and any implementing regulations issued by the Treasury.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bt20934ace7a717de761 dc64c0&mc=true&n=pt37. l .40 l&r
=PART&ty=HTML
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authori zed person or agent, hereunder set their hands and seals on the date first written above.
Jennifer . elpedio
Assistant County Attorney
Date: __ ___J\w.Z....""-Jj'--'-t __._'f_.J!J-<-~1--
COLLIER HEALTH SERVI
HEALTHCA
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PARTY
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, Ce1tificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
I. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1 ,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined s ingle limit for
combined Bodily Injury and Prope1ty Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in I -3 above, a Certificate oflnsurance 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 SUBRECJPIENT 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 s hall provide, or cause its
Subcontractors to provide, original certificates indicating th e following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than
100 percent of the insurable value of the building(s) or structure(s). The policy s hall be in the name
of Collier County and the SUB RECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4001 ),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
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Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Consh·uction Phase is completed and occupancy begins, the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injmy and Property Damage.
10. Property Insurance coverage on an "All Risk" basis, in an amount not less than 100 percent of the
replacement cost of the property. Collier County must be shown as a Loss payee, with respect to
this coverage A. T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier Health Services, Inc. d/b/a Healthcare Network
SUBRECIPIENT Address: 1454 Madison Ave. W., Immokalee, FL 34142
Project Name: Collier County Community Health Coalition
Project No: CDC21-0l _ Payment Request #
Total Payment Minus Retainage
Period of Availability: 8/31/2021 _ tlu-ough 8/30/2024
P eriod for which the Agency has incurred the indebtedness
SECTION II: STATUS OF FUNDS
through
Subrecipient CHS Approved
l. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request (Net ofRetainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request) (includes Retainage)
By signing this report, I certify to the best ofmy knowledge and belief that this request fo r 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 3801-38 12; and/or
Title VI, Chapter 68, Sections 68.081-083, and Title XL VI Chapter 837, Section 837-06).
Signature
Title
Authorizing Grant Coordinator
Supervisor (Approval required $15,000 and above)
COLLIER HEALTH SERVICES, INC D/B/A HEALTHCARE NETWORK
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Collie r County Community Health Coalition (CC CHC)
Date
Authorizing Grant Accountant
Division Director (Approval Required $15,000
and above)
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EXHIBITC
PERFORMANCE MEASURES
PROGRAM LIFETIME OUTCOMES:
1. Train: Incre ased skills/capac ity/roles ofCHWs to provide services and support for COVID-19
public health response effo1is amongst priority populations.
2. Deploy: Increased workforce of CHWs delivering services to manage the spread of COVID-19.
3. Engage: Increased utilization of community resources and clinca l services for those·at highest risk
for poor health outcomes among priority populations.
COMPONENT A: CAPACITY BUILDING
TRAIN:
Strategy CBl: Identify and collaborate with community-wide efforts to ensure comprehensive
acquisition ofrelevant knowledge, roles, and skills by CHWs so they are prepared to successfully engage
with existing state and/or local public
health-led actions to manage COVID-19 among priority populations within communities.
DEPLOY:
Strategy CB3: Integrate CHWs into organizations and care teams to suppott the publi c healt h response to
COVID-19 among priority populations within communities.
Strategy CB4: Develop and disseminate messaging tha t educates organizations and care teams on the
critical role CHWs play in delivering services and managing the spread of COVID-19 among priority
populations within communities.
ENGAGE:
Strategy CBS: Coordinate and/or promote opportunities, such as messaging/education, within
communities and clin ical settings to facilitate the engagement ofCHWs in addressing the needs of those
at highest risk for poor health outcomes, including those resulting from COVID-19.
Strategy CB6: Year I : Initiate and develop and/or utilize systems to document engagement of CHWs in
the care, supp01t, and follow-up across clinical and community settings of priority populations at highest
risk for poor health outcomes, including those resulting from COVID-19. (Required) Year 2: Facilitate
engagement ofCHWs in the care, suppoti, and follow-up across clinical and community settings of
priority populations at highest risk for poor health outcomes, including those resulting from COVID-19.
SUBRECIPIENT and COUNTY will work with the HHS/CDC provided Technical Assistance to
develop Data Collection and Performance Measures Reporting. Data Collection will be due to the
CDC no less than semi-annually, in addition to the Annual Progress Report.
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EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to
determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly,
Collier County requires that all appropriate documentation is provided regarding your organization's
compliance. In determining Federal awards expended in a fiscal year, the entity must consider all
sources of Federal awards based on when the activity related to the Federal award occurs, including
any Federal award provided by Collier County. The determination of Federal award amounts expended
shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -Audit
Requirements. This form mav be used to monitor Florida Simile Audit Act (Statute 215.97) requirements.
~~~=cipient I Collier Health Services, Inc. d/b/a Healthcare Network
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance
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 orovided within 30 davs of comoletion.
B. We are not subject to the requirements of 0MB 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 lett~r.
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 request ing
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
Print Name and Title
CO LLIER HEALTH SERVI CES, INC D/B/A HEA LTHCARE NETW ORK
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I Date
-1
06/18
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12/13/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the Second Amendment to the subrecipient
agreement between Collier County and Rural Neighborhoods, Incorporated to allocate an additional
$291,679 in CDBG-CV funds and extend the period of performance through June 30, 2023, for the Housing
Opportunities Center in Immokalee. (Housing Grant Fund 705)
OBJECTIVE: To provide housing and community services to benefit the residents of Immokalee.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) program funds locally defined needs for programming and infrastructure.
Collier County’s CDBG FY 2020-2021 Action Plan was approved at the June 23, 2020, Board of County
Commissioners (Board) meeting (Agenda Item #11I). Also on June 23, 2020, Agenda Item #11J the Board
approved the Agreement between Collier County and Rural Neighborhoods, Incorporated. The agreement
established funding in the amount of $400,000 for the development and construction of a housing opportunities
center in the Eden Park-Esperanza Place neighborhood that will serve low- and moderate-income persons.
The First Amendment was approved on September 27, 2022, Agenda Item #16D3. The amendment extended the
Agreement’s period of performance end date from 9/30/2022 to 12/31/2022, consolidated three (3) payment
deliverables into one project component and added the HUD Leveraged Funds report language.
On October 11, 2022, Agenda Item #16D4, the Board approved a Substantial Amendment to Collier County's U.S.
Department of Housing and Urban Development (HUD) FY2019-2020 Annual Action Plan and authorized the
Chairman to execute an Amendment reallocating $291,679 of CDBG-CV funds to a “still to be determined Public
Facilities project”.
The proposed Second Amendment will add the additional $291,679 of CDBG-CV funds to the FY2020-2021
CDBG Rural Neighborhoods Inc.-Eden Park-Esperanza Place Community Center agreement, making the total
project funding $691,676, and extend the period of performance end date to 6/30/2023. The additional funds will be
reallocated from the HUD FY2019-2020 CDBG-CV appropriation and will be used for prevention, preparation, and
response to COVID-19.
FISCAL IMPACT: The proposed actions have no new Fiscal impact. The funding sources for the award are the
CDBG and CDBG-CV grant which is budgeted in Housing Grant Fund (705) Projects 33689 and 33674
respectively.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board
action. -DDP
GROWTH MANAGEMENT IMPACT: This item has no impact on Housing Element of the Growth
Management Plan of Collier County.
RECOMMENDATION: To approve and authorize the Chairperson to sign the Second Amendment to the
subrecipient agreement between Collier County and Rural Neighborhoods, Incorporated to allocate an additional
$291,679 in CDBG-CV funds and extend the period of performance through 06/30/2023 for the Housing
Opportunities Center in Immokalee.
Prepared By: Judith Sizensky, Grants Coordinator; Community and Human Services Division
ATTACHMENT(S)
1. EXECUTED - Rural Neighborhoods CD20-01 (PDF)
2. Rural Neighborhoods Amendment #1 CD20-01-Fully Executed (PDF)
3. Amendment #2 Rural Neighborhoods-Esperanza Place Comm Ctr-CD20-01-DDP Cert-Sub Signed
(PDF)
4. SA Resolution #162 Fully Executed (PDF)
16.D.5
Packet Pg. 1788
12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.5
Doc ID: 23840
Item Summary: Recommendation to approve and authorize the Chairman to sign the Second Amendment to the
subrecipient agreement between Collier County and Rural Neighborhoods, Incorporated to allocate an additional
$291,679 in CDBG-CV funds and extend the period of performance through June 30, 2023, for the Housing
Opportunities Center in Immokalee. (Housing Grant Fund 705)
Meeting Date: 12/13/2022
Prepared by:
Title: – Public Transit & Neighborhood Enhancement
Name: Judy Sizensky
11/15/2022 2:46 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
11/15/2022 2:46 PM
Approved By:
Review:
Community & Human Services Jocelyn Pickens Additional Reviewer Completed 11/15/2022 2:57 PM
Community & Human Services Donald Luciano Additional Reviewer Completed 11/15/2022 3:04 PM
Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 11/15/2022 3:29 PM
Operations & Veteran Services Jeff Newman Additional Reviewer Completed 11/16/2022 7:23 AM
Community & Human Services Kristi Sonntag CHS Review Completed 11/16/2022 10:31 AM
Public Services Department Todd Henry PSD Level 1 Reviewer Completed 11/28/2022 12:12 PM
Grants Erica Robinson Level 2 Grants Review Completed 11/29/2022 1:29 PM
Public Services Department Tanya Williams PSD Department Head Review Completed 11/30/2022 7:10 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/06/2022 9:18 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/06/2022 9:21 AM
Grants Therese Stanley Additional Reviewer Completed 12/06/2022 9:35 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 12/06/2022 9:51 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/06/2022 10:56 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 12/06/2022 1:34 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/06/2022 4:03 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
16.D.5
Packet Pg. 1789
FAIN# B-20-UC-12-0016
Federal Award Date EST 10/20
Federal Award A~encv HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $400,000
Funds Awarded
Subrecipient Name Rural Neighborhoods,
I ncornorated
DUNS# 605098438
FEIN 65-1238417
R&D No
Indirect Cost Rate No
Period of Performance I O/l/2020-9/30/2022
Fiscal Year End 12/3 I
Monitor End: 9/27
AGREEMENT BETWEEN COLLIER COUNTY
AND
RURAL NEIGHBORHOODS INCORPORATED
THIS AGREEMENT is made and entered into this ('';i:;, day ofj~q,(:'.,2020, by and between Collier
County, a political subdivision of the State of Florida, (COUNTY or Grantee) having its principal address
at 3339 E Tamiami Trail, Naples FL 34112, and Rural Neighborhoods Incorporated, (SUBRECIPIENT),
having its principal office at P.O. Box 343529, 19308 SW 380th St, Florida City, FL 33034.
WHEREAS, the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community
Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing
and Community Development Act of 1974 (as amended); and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County ~
Consolidated Plan -One-year Action Plan for Federal n.s~. .. ai· 2020-2021 for the CDBG Program with '\. ~
Resolution 2020-on June 23, 2020 -Agenda Item~; and \ \ J: ~ ~ e,O... /\ ~VI. \
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan \
concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2020/2021 Annual
Action Plan, on May 23, 2020, with a 30-day Citizen Comment period from May 23, 2020 to June 23, 2020;
and
WHEREAS, the SUB RECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
RURAL NEIGHBORHOODS, INCORPORATED
co20.01
Esperanza Community Center Page 1
16.D.5.a
Packet Pg. 1790 Attachment: EXECUTED - Rural Neighborhoods CD20-01 (23840 : Amendment #2 Rural Neighborhoods CD20-01)
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the CDBG Eden Park-Esperanza Place Community Center.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PART I
SCOPE OF WOIU(
The SUB RECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Eden Park -Esperanza Place Community Center -EP2
Description of project and outcome: The cost to include but not limited to the development and
construction of a community center space in the Eden Park-Esperanza Place neighborhood.
The center will serve low and moderate income neighborhoods.
The property will be deed restricted for five (5) years (affordability period) commencing on the
date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if
applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
D Affirmative Fair Housing Policy
L8J Affirmative Action/ Equal Opportunity Policy
L8J Conflict of Interest Policy
L8J Procurement Policy
L8J Uniform Relocation Act Policy
L8J Sexual Harassment Policy
L8J LMA Narrative
L8J Procedure for compliance with the requirements set fo1th in Section 3 of the
Housing and Urban Development Act of I 968, as amended ( l 2U.S.C. 794 I u)
RURAL NEIGHBORHOOOS, INCORPORATEO
C020-01
Esperanza Community Center Page 2
16.D.5.a
Packet Pg. 1791 Attachment: EXECUTED - Rural Neighborhoods CD20-01 (23840 : Amendment #2 Rural Neighborhoods CD20-01)
[SJ Procedures for compliance with the requirements set forth in Section 504 of the
Rehabilitation Act of I 973, as amended (29 U.S.C. 794)
[SJ Fraud Policy
[SJ Limited English Proficiency Policy (LEP)
C. Environmental Review Requirement (ERR) -No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUB RECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training -All SUBRECIPIENT staff assigned to the administration
and implementation of the Project, established by this Agreement, shall attend the CHS-
sponsored Annual Fair Housing training, except those who attended the training in the
previous year, and at least one staff member shall attend all other CHS-offered training,
relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4)
sessions. Requests for exemption, under this special condition, must be submitted to the
Grant Coordinator, in writing, at least 14 days, prior to the training.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Descrintion
Proiect Comnonent I: Buildinu Permits
Proiect Comnonent 2: lmnact Fees
Proiect Comoonent 3: Building Construction
Total Federal Funds:
The SUBRECIPIENT will accomplish the following checked project tasks:
D
D
Pay all closing costs related to property conveyance
Maintain and provide to the COUNTY, as requested, beneficiary
documentation
[SJ Maintain and provide National Objective Documentation
Federal Amount
$ 15,000.00
$ 45,000.00
$340,000.00
$400,000.00
income certification
[SJ Provide Quarterly Reports on National Objective and project progress
[SJ Attendance by a representative from executive management at scheduled partnership
meetings, as requested by CHS
[SJ Provide monthly construction and rehabilitation progress reports until completion of
[SJ
[SJ
[SJ
[SJ
[SJ
constrnction or rehabilitation
Identify Lead Project Manager
Provide Site Design and Specifications
Comply with Davis Bacon Labor Standards
Comply with Section 3 and maintain documentation
Provide certified payroll weekly throughout construction and rehabilitation
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center Page 3
16.D.5.a
Packet Pg. 1792 Attachment: EXECUTED - Rural Neighborhoods CD20-01 (23840 : Amendment #2 Rural Neighborhoods CD20-01)
13:J Comply with Uniform Relocation Act (URA), if necessary
13:J Ensure applicable numbers of units are Section 504/ADA accessible
13:J Ensure the applicable period of continued use for the project is met
B. National Objective
The COBO program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
13:J LMA -Low/Mod Area Benefit
D LMC -Low/Mod Clientele Benefit
D LMH -Low/Mod Housing Benefit
D LMJ -Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the COBO investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a COBO National Objective. Failure to achieve the
national objective under this Agreement will require repayment of the COBO investment under this
Agreement.
LMH: Must document providing 01· improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
Agreement will require repayment of the COBO investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the COBO
investment under this Agreement.
C. Performance Deliverables
Program Deliverable
Special Grant Condition Policies
/Section 1.1)
Insurance
Detailed Project Schedule
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center
Deliverable Supporting
Documentation
Policies as stated in this
A2:reement
Insurance Certificate
Project Schedule
Submission Schedule
Within sixty (60) days of
A2:reement execution
Within 30 days of Agreement
execution and Annually with in
thirtv /30) davs of renewal
Within sixty (60) days of
Aereement execution
Page 4
16.D.5.a
Packet Pg. 1793 Attachment: EXECUTED - Rural Neighborhoods CD20-01 (23840 : Amendment #2 Rural Neighborhoods CD20-01)
Proiect Plans and Soecifications Site Plans and Soecifications Prior to orocurement
Subcontractor Log Subcontractor Log Initially at construction start,
and auarterlv thereafter
Submission of Progress Report Exhibit C Quarterly; within IO days
following the end of the crnarter.
Section 3 Report Quarterly report of new hire Quarterly; within 10 days
information following the end of the auarter.
Davis Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following
Payroll reports, forms, and supporting issuance of payroll checks
documentation
Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after
Exhibit E FY end for Single Audit OR one
hundred eighty ( 180) days after
FY end
Continued Use Certification Continued Use Affidavit, if Annually; for five (5) years after
aoolicable meeting the National Obiective
Revenue Plan for Maintenance Plan approved by the COUNTY Initial Plan due after completion
and Capital Reserve of construction. Annually
through the period of continued
. use
Program Income Reuse Plan Plan Annroved bv the COUNTY Annuallv until 2027
D. Payment Deliverables
Pavment Deliverable Pavment Sunnorting Documentation Submission Schedule
Project Component 1: Building Submission of supporting documents Submission of
Permits must be provided as backup, as evidenced monthly invoices by
by check stubs, bank statements, copy of the 10 th of the month
permits, and any other additional following the month
documentation as requested. of service.
Project Component 2: Impact Submission of supporting documents Submission of
Fees must be provided as backup, as evidenced monthly invoices by
by check stubs, bank statements, copy, the I 01h of the month
proof of payment of impact fees, and any following the month
other additional documentation as of service.
reauested.
Project Component 3: Building Submission of supporting documents Submission of
Construction must be provided as backup, as evidenced monthly invoices by
by banking documents, completed AIA the 1 oth of the month
0702-1992 form, or equivalent document following the month
per contractor's Schedule of Values and of service.
any additional documents as needed.
I 0% retainage held with the last pay
reouest.
Retainage: The remaining 10% of the award or project costs will be released upon final monitoring clearance
and meeting a National Objective.
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center Page 5
16.D.5.a
Packet Pg. 1794 Attachment: EXECUTED - Rural Neighborhoods CD20-01 (23840 : Amendment #2 Rural Neighborhoods CD20-01)
For clarity, The COUNTY will not withhold 10% on each payment, rather, the last 10% will only be paid
as previously specified. Failure by the SUBRECIPIENT to achieve the National Objective will require
repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
Services of the SUB RECIPIENT shall start on October 1, 2020 and shall end on September 30,
2022.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FOUR HUNDRED THOUSAND Dollars ($400,000.00)
for use by the SUBRECIPIENT, dming the term of the Agreement (hereinafter, shall be referred to
as the "Funds").
Modification to the "Budgetand Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners (Board) approval.
The COUNTY shall reimburse the SUBREClPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBREClPIENT may not request disbmsement of CD BG funds until funds are needed for eligible
costs, and all disbmsement 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 during the term of this Agreement. Invoices for work performed are required every month.
Ifno work has been performed during that month, or if the SUB RECIPIENT is not yet prepared to
send the required backup, a $0 invoice is required. Explanations may be required if two consecutive
months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when
requested, as work progresses but not more frequently than once per month. Reimbursement will
not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
Final invoices are due no later than 90 days after the end of the Agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
the SUBREClPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center Page 6
16.D.5.a
Packet Pg. 1795 Attachment: EXECUTED - Rural Neighborhoods CD20-01 (23840 : Amendment #2 Rural Neighborhoods CD20-01)
payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as a 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
SUBRECIPIENTS contractors and vendors are conditioned upon compliance with the procurement
requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the
SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Carolyn.Noble@colliercountyfl.gov
Telephone: (239) 450-5186
SUBRECIPIENT ATTENTION: Steve Kirk, President
19308 SW 380th St,
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center
P.O Box 343529
Florida City, Florida 33034
Email: steve-kirk@rnralneighborhoods.org
Telephone: (305)242-2142
Page 7
16.D.5.a
Packet Pg. 1796 Attachment: EXECUTED - Rural Neighborhoods CD20-01 (23840 : Amendment #2 Rural Neighborhoods CD20-01)
2.1 AUDITS
PART II
GRANT CONTROL
REQUIREMENTS
At any time during normal business homs and as often as the COUNTY (and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and
any other data relating to all matters covered by the Agreement for review, inspection, or audit.
Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30
days after receipt by the organization. Fail me of the organization to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the withholding of
future payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted
in accordance with cmrent GRANTEE policy concerning SUBRECIPIENT audits.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBREC[PIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement, the CDBG Program, and all other
applicable laws and regulations. This documentation shall include, but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBREC[PIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. All repotis, plans, smveys, information, documents, maps, books, records, and other data
procedmes developed, prepared, assembled, or completed by the SUB RECIPIENT for this
Agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures, and
practices, which sufficiently and properly reflect all revenues and expenditmes of funds
provided directly or indirectly by this Agreement, including matching funds and Program
[ncome. 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 reimbmsement is claimed under
the provisions of this Agreement.
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center Page 8
16.D.5.a
Packet Pg. 1797 Attachment: EXECUTED - Rural Neighborhoods CD20-01 (23840 : Amendment #2 Rural Neighborhoods CD20-01)
D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and seemed location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. If a SUB RECIPIENT ceases
to exist after the closeout of this Agreement, the COUNTY shall be informed, in writing,
of the address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox@colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served, and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208, and the eligibility requirement(s) under which funding has been received have
been met. These also include special requirements, such as necessary and appropriate
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center Page 9
16.D.5.a
Packet Pg. 1798 Attachment: EXECUTED - Rural Neighborhoods CD20-01 (23840 : Amendment #2 Rural Neighborhoods CD20-01)
determinations as defined in 24 CFR 570.208, income certification, and written agreements
with beneficiaries, where applicable.
H. 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 public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term of the Agreement, SUBRECIPIENT shall submit an annual audit monitoring report
(Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit ( or one hundred
eighty ( 180) days for SUBRECIPIENTS exempt from Single Audit), after the SUB RECIPIENT'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 (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
Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion ofrequired reports. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUB RECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated with all
other applicable laws, regulations, and policies governing the funds provided under this Agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by CHS, will constitute
noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT
within a reasonable period of time after being notified by CHS, Agreement suspension or
termination prncedures will be initiated, SUBRECIPIENT agrees to provide HUD, the HUD Office
of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's intemal
auditor(s) access to all records related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize intemal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
Agreement, and to provide for the proper and effective management of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be eleal'ly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2,5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
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:
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, the COUNTY may require a portion of the awarded grant amount
be returned to the COUNTY.
• The COUNTY 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 continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected and has been informed by the COUNTY of
their substantial non-compliance by ce11ified mail, the COUNTY may require a
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portion of the awarded grant amount or the amount of the CDBG investment for
acquisition of the properties conveyed, be returned to the COUNTY.
• The COUNTY may require upwards of l O percent of the award amount be
returned to the COUNTY, at the discretion of the Board.
• The SUB RECIPIENT will be considered in violation of Resolution No, 20 I 3-
228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, the COUNTY may recommend the Agreement or award be
terminated.
• The COUNTY will make a recommendation to the Board to immediately
terminate the contract or Agreement. The SUBRECIPIENT will be required
to repay all funds disbursed by the COUNTY for the project that was
terminated. This includes the amount invested by the COUNTY for the initial
acquisition of properties or other activities,
• SUBRECIPIENTwill 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.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit qua1terly progress reports to the
COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include,
a comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C, Exhibit C contains an example reporting form to be used
in fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee if the Program changes, the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
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PARTIII
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgement.
3.2 GENERAL COMPLIANCE
The SUB RECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)), including subpart K of these regulations, except
that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities
described in 24 CFR 570.604; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is required to follow federal procurement process; and (4) for Developers,
revenue generated is not considered program income. The CDBG program was funded through the
Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply
with all other applicable laws, regulations, and policies governing the funds provided under this
Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
3,3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall at all times remain an "independent contractor" with respect to the services to be performed
under this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance, as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the COUNTY'S governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY
or SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of services, or schedule of the
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activities to be undertaken as part of this Agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event
of curtailment or non-production of said federal funds, or the reduction of funds awarded by HUD
to Collier County, to a level determined by the County Manager to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portion of the funds will not be available. In either event, the COUNTY may terminate this
Agreement, which termination shall be effective as of the date that it is determined by the County
Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
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' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the SUB RECIPIENT or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue there-
on. This Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28, Florida Statutes. This section shall survive the expiration of termination
of this Agreement.
3,7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports, and similar
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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:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) 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, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
3,8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
s\1ch 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.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200, Appendix II (A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement.
C. Ineffective or improper use offunds provided under this Agreement.
D. Submission of reports that are incorrect or incomplete in any material respect by the
SUBRECIPIENT to the COUNTY.
E. Submission of any false certification by the SUBRECIPIENT.
F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other Agreement between the COUNTY
and the SUBRECIPIENT relating to the project.
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In the event of any default by SUBREC!PIENT under this Agreement, the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
11 (B):
A. Require specific performance of the Agreement, in whole or in part.
B. Require the use of, or change in, professional properly management.
C. Require immediate repayment to the COUNTY of all COBO funds that SUBREC!PIENT
has received under this Agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
F. Terminate this Agreement by giving written notice to SUB RECIPIENT of such termination
and specifying the effective date of such termination. If the Agreement is terminated by the
COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or claim
of benefit for any incomplete project activities undertaken under this Agreement.
3.9 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any propetfy on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use ofCDBG funds, per
24 CFR 570.503(b )(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBREC!PIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
3.10 INSURANCE
SUBREC!PIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
Agreement.
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3.11 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, Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq,), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq,),
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range: Competition Required
$0 -$3,000 Single Quote with documentation
$3,001 -$50,000 3 Written Quotes
$50,001+ Formal Solicitation (1TB, RFP, etc.)
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR
200.322, SUBRECIPIENT shall procure items that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of completion. Contract
administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have
access to all records and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of COBO
funds disbursed under this Agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. Any "Program Income"
(as such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by COBO 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 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG 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 Community Block Grant Program, for further reallocation,
Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated,
or otherwise improved with COBO funds are subject to this requirement. This includes parks,
libraries, community centers, and any other facility whose primary purpose is a public one. For
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these facilities, program income is the income generated by the use of the facility, less the operating
costs associated with generating the income. The COUNTY considers utilities, property insurance,
and facility maintenance to be operating costs that should be subtracted from revenue to determine
net program income. For each funded project, the SUB RECIPIENT must submit a list of proposed
costs incidental to the generation of the program income for the COUNTY's approval.
Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives
pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant
Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers, disposes of, or
otherwise fails to continue to use the COBO-assisted real property in a manner that meets a CDBG
National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage
of the current fair market value of the property, after subtracting disposal costs. Such percentage
shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG
funds expended for the original acquisition of, or improvement to, the property under the terms of
this Agreement. Such payment shall constitute program income to the COUNTY.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBREClPIENT may close out the project with the COUNTY after the five (5)
year continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the SUBRECIPIENT
meeting the Nationa'I Objective or the recording of lien and/or deed restriction documentation).
Activities during this closeout period shall include, but are not limited to making final payments,
disposing of program assets (including the return of all unused materials, equipment, program
income balances, and receivable accounts to the COUNTY), and determining the custodianship of
records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply
with Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention.
A conflict between state and federal law records retention requirements will result in the more
stringent law being applied, such that the record must be held for the longer duration. Any balance
ofunobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUBREC!PIENT is entitled to under the terms and conditions of this
Agreement must be refunded to the COUNTY, SUBRECIPIENT shall also produce records and
information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must
take place in accordance with 2 CFR 200.343.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUB RECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity carried out by the performance of this Agreement on the basis
of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of
evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement.
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To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concel'lls located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section
3 of the Housing and Community Development Act of 1968.
3.16 OPPORTUNITTIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to participate
in the performance of this Agreement. As used in this Agreement, the term "small business" means
a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended
(IS 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 SUl'llamed
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.
3.17 PROGRAM BENEFICIARIES
If the Agreement is meeting a national objective through an LMI strategy, at least 51 percent of the
beneficiaries of a project funded through this Agreement must be low-and moderate-income
persons or presumed to be low-to moderate-income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household. This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1 )(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries
countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in numicipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement
3.18 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to cal'l'y out, pursuant to the COUNTY's
specifications, an Affirmative Action Program, in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SUBREClPIENT to assist in the formulation of such program.
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The SUB RECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to
the award of funds. The Affirmative Action will need to be updated throughout the continued use
period and must be submitted to the COUNTY within 30 days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement, and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, 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 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 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200Q). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis ofreligion.
B. It will not discriminate against any person applying for public services on the basis of
religion and will not Jim it such services or give preference to persons on the basis of
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
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religious beliefs, provided it does not use direct CDBG funds to support any inherently
religious activities, such as worship, religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition, constrnction, or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
strncture is used for both eligible and inherently religious activities, CDBG funds may not
exceed the cost of those portions of the acquisition, constrnction, or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship, however, are ineligible
for CDBG funded improvements.
3.21 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child, aged person, or disabled adult.
3.22 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended-All the regulations regarding the CDBG program
https://www.eefr.gov/egi-bin/text-idx?tpl=/eefrbrowse/Title24/24efr570 main 02.tpl
4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
h tips:/ /www .ec fr. gov /cgi-b in/text -
idx?SID=lacdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24. l .58&rgn=div5
4.3 Section I 04(b) and Section I 09 of Title I of the Housing and Community Development Act of
197 4 as amended
https://www.hud.gov/program offices/comm planning/communitydevelopment/rulesandregs/law
s/see5309
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. hllps://www.hud.gov/sites/documents/DOC 7771.PDF
htt ps :/ /www. justice. gov/ crt/fa ir-hous ing-act-1
Executive Order 11063 -Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/ 11063 .html
Executive Order 11259 -Leadership & Coordination of Fair Housing in Federal Programs
https ://www.archives.gov/federal-register/codification/executive-order/ 122 5 9 .htm I
24 CFR Part l 07 -Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-l 07
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title Vlll of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/tit1e6
4.6 24 CFR 570.60 l Subpart K -The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO l l 246:
https://www.dol.gov/agencies/ofccp/executive-order-l l 246/as-amended
EO 11375 and 12086: see item #8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC§ 2000e, et. seq. The SUBRECIPIENTwill, in all solicitations or adve1tisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
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4.9 24 CFR 135 -Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided, The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701 ). Section 3 requires
that, to the greatest extent feasible, opportunities for training and employment be given to low-and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low-and very
low-income persons residing in the metropolitan area in which the project is locat~d."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low-and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low-and very low-income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including reduction and abatement oflead-
bascd paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low-and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located; where feasible, priority
should be given to business concerns that provide economic opportunities to low-and very low-
income residents within the service area or the neighborhood in which the project is located, and to
low-and very low-income participants in other HUD programs,
https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx7c=ecfr&tpl=/ecfrbrowse/Title24/24cfr 13 5 main 02.tpl
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4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https:/ /www. law .come 11.ed u/uscode/text/ 4 2/ chapter-7 6
11246: https://www.dol.gov/ofccp/regs/statutes/eo 1 1246.htm
11375: Amended by EO 11478
114 78: https://www.archives.gov/federal-register/codification/executive-order/ 114 78.htm I
12107: https://www.archives.gov/federal-register/codification/executive-order/l 2 l 07.html
120 8 6: h ttps :/ /www .archives, gov /federal-register/codification/ executive-order/ 12086 .h tm I
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe0 l .pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4,14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
l11tps://www.fllwa.dot.gov/real estate/uniform act/index,cfm
4.15 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. HUD Form 40 IO must be included in all
constrnction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode .house. gov/view .xhtm l?req=gran u leid: USC-I 999-t i tle4 0-sect i 0112 7 6a-
7 &n um =0&ed ition= 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
h tips:/ /www. law ,come! I .edu/ cfr/text/29/pait -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)
h ttps:/ /www, law ,come ll .edu/cfr/text/29/part-5
Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally
assisted projects. l11tps://www.presidency.ucsb.edu/ws/index.php7pid=23675
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4.16 As a supplement to the Davis-Bacon Act requirements, the SUBREC!PIENT 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.govinfo.gov/content/pkg/USCODE-20 I 0-titlel 8/pdf/USCODE-20 I 0-
title 18.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml?reg=granuleid:USC-1999-title40-
section276c&num=0&edition= 1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https :/ /www .archives .gov /federal-register/codification/executive-order/ I 1625. htm I
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as
revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109
of the HCDA are still applicable.
24 CFR 570.607:
https:/ /www.ecfr.gov/cgi -bin/text -
idx?SID=9eae3f8eaa99 l f04 I 1 f383b74003bcb I &mc=true&node=pt24.3 .570&rgn=div5#se24.3.5
70 1607
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law I 00-430 -the Fair Housing Amendments Act of 1988.
https:/ /www.ncbi.nlm.nih.gov/pubmed/ 12289709
4.20 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx7tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.21 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/the1aw/irca.html
4.22 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 lll, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedme 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=3 513 7
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4.23 Order of Precedence -In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.24 Venue-Any suit of action brought by either party to this Agreement against the other party, relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.25 Dispute Resolution -Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under§ 44.102, Florida
Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Court, Middle District of Florida, if in federal cou1t. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAYE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.26 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
20 I 0-title42/html/USCODE-20 I 0-title42-chap85.htm
b.
https://www.law.cornell.edu/uscode/text/42/chapter-85
Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-20 l l-title33/pdf/USCODE-20 l l-title33-
chap26.pdf
https :/ /www. law. corn el I. edu/uscode/text/3 3/ chapter-26
4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
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Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https :/ /www. law .corne 11. edu/ cfr/text/24/5 7 0. 60 5
4.28 The SUB RECIPIENT agrees that any constrnction or rehabilitation of residential strnctures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vo13/CFR-2000-title24-vol3-sec570-608-id 163
4.29 The SUB RECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https :/ /www .n ps. gov/history /local-law /nhpa 1966. htm
https:/ /www.achp.gov/sites/default/files/regulations/20 I 7-02/regs-rev04 .pdfln general, this
requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a Federal,
State or Local historic property list.
https:/ /www.nps.gov/histo1y/local-law/nhpa 1966.htm
4.30 The SUBRECIPIENT must certify that it will provide drng-free workplaces, in accordance with
the Drng-Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule/USCOD E-2009-title41 /U SCODE-2009-title41-chap IO-
sec70 I
4.31 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 pmticipating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
https ://www .archives. gov /fed era I-register/ codification/ executive-order/ 12 54 9. h tm I
4.32 The SUBRECIPIENT agrees to comply with the following 0MB 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.
4.33 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
RURAL NEIGHBORHOODS, INCORPORATED
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statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIP!ENT'S
fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit
report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after
such closeout.
h ttps ://www.ecfr.gov/cgi-b in/text -
idx?SID=5a78addefff9a535e83fed30 I 0308aef&mc=true&node=se2. l .200 1344&rgn=div8
4.34 Any real property acquired by the SUBRECIP!ENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.10 I, shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIP!ENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at
24 CFR 570.505.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol l-sec24-l O I
h tips ://www. gov info. gov/ app/ deta i ls/C FR -2 0 12-title24-vo l3/CFR-20 l 2-title24-vo 13-sec5 7 0-50 5
4.35 As provided in§ 287.133, Florida Statutes, by entering into this Agreement or performing any work
in furtherance hereof, the SUBRECIP!ENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by§ 287.133 (3) (a), Florida Statutes.
http://www.leg,state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287 /Sections/0287. 133 .htm I
4.36 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. 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
SUBRECIP!ENTS shall certify and disclose accordingly.
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4.37 Travel reimbursement will be based on the U ,S, General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www.gsa.gov/portal/content/ I 04877
4,38 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5, I 06.
https://www.govregs.com/regulations/expand/title24 part5 subpartA section5. I 06
4.39 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or prbvided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 170 Ix, per 24 CFR 5.111.
h ttps :/ /www.ecfr.gov/cgi-b in/text-
idx ?SID=e339ece9fdf d 1479eab67e850c7cddd4&node=24:2. l. l .2. l 0.4&rgn=div6
https://www.law.cornell.edu/cfr/text/24/5, l l l
4.40 HUD Final Rule-Implementation of the Violence Against Women Reauthorization Act of2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https:/ /www.federalregister.gov/documents/2016/ l l / 16/20 16-25 888/violence-against-women-
reauthorization-act-of-20 13-i 111 p lemen tation-in-h ud-housing-programs
4.41 Any rule or regulation determined to be applicable by HUD.
4.42 Florida Statutes 713 .20, Part I, Construction Liens
https://www.leg,state.fl.us/Statutes/index.cfm 7 App mode=Display Statute& URL=0700-
0799/07 l 3/07 l 3 .html
4.43 Florida Statutes 119,021 Records Retention
http://www.leg.state.fl.us/Statutes/index.ctin? App mode=Display Statute&URL=0 100-
0199/0119/Sections/O 119.021.html
4.44 Florida Statutes, 119.071, Contracts and Public Records
http://www. leg.state.fl. us/Statutes/index.cfm 7 App mode=Display Statute&URL=0 1 00-
0199/0119/Sections/O 119.071.html
4.45 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www.lep.gov.
4.46 Equal Treatment of Faith-Based Organizations: By regulation, DOJ/BJA prohibits all recipient
organizations from using financial assistance from DOJ/BJA to fund explicitly religious activities.
The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
RURAL NEIGHBORHOODS, INCORPORATED
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https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment
is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on
a case-by-case basis to allow some faith-based organizations to receive DOJ/BJA funds while
taking into account religion when hiring staff. Questions in this regard should be directed to the
Office for Civil Rights.
4.47 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/UseofConviction Advisory.pdf for more details.
4.48 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 01·
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 ofa 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) ensme that its
officers, employees and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative
body. None of the funds provided under this Agreement shall be used for publicity or propaganda
pmposes designed to support or defeat any legislation pending before local, state, or federal
legislatures.
4.49 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
4.50 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office; Neither this Agreement nor any funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.51 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October I, 2009), DOJ/BJA 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 DOJ/BJA and to
establish workplace safety policies and conduct education, awareness, and other outreach to
decrease crashes caused by distracted drivers.
4.52 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements (including requirements to report allegations) pe1taining to prohibited conduct related
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to the trafficking of persons, whether on the part of the SUBRECIPIENTand 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
llttps :// oj p. gov /funding/Explore/Prob i bi tedCond uct-Trafficki ng.htm,
4.53 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.
4.54 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 SUB RECIPIENT must comply
with the requirements of 3 7 CFR Part 401, "Rights ot Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and
any implementing regulations issued by HUD.
l1ttps://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&S1D=a004b6bf20934ace7a717de76 l dc64c0&mc=true&n=pt37.l.401 &r
=PART&ty=HTML
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(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
CRY STAL 1),,:1<:n,rm,; >CLERK
~'+4~~~~;¥.ll)V(.
.. $. QJ ia'
Jllre only,"\\ ,, ,
',) 1 ''' ... '.. <.;,' .
,, ' b' li , i1 )' 1i
Dated:~ lfj d~
(SE L)
Approved as to form and legality:
)
Jenni A. Belpedio
Assistant County Attorney
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center
BOARD OF COUNTY COMMISSIONERS OF
COLLIER C NTY, FLORIDA
By: ~L~~
BU TL. SAUNDERS, CHAIRMAN
RURAL NEIGHBORHOODS, INCORPORATED
By: /~:;;,•.c:-f;,//
S'j'EVE!j)KIRK, PRJSIDENT
Date: /;:~::.:./~> /:_·,c<···
Page 32
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PARTY
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined single limit for
combined Bodily Injmy 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 srnns 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 one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 ( 42 U .S.C. 400 I),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center Page 33
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Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
the National Flood lnsurnnce Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage,
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%)
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 prope1ties 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,
RURAL NEIGHBORHOODS, INCORPORATED
CD20-D1
Esperanza Community Center Page 34
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EXHIBITB
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Rmal Neighborhoods, Incorporated
SUBRECIPIENT Address: 19308 SW 380 11, Street, Florida City, FL 33034
Project Name: Esperanza Community Center
Project No: CD20-0 I Payment Request #
Total Payment Minus Retainage
Pe1·iod of Availability: I 0/0 l /2020 through 09/30/2022
Period for which the Agency has incurred the indebtedness
SECTION II: STATUS OF FUNDS
through
Subrecipient CHS Approved
I. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request (Net of Retainage, if $ $
aonlicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUB RECIPIENT. To the best ofmy knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor (Approval required $15,000 and
above)
RURAL NEIGHBORHOODS, INCORPORATED
CD20-0l
Esperanza Community Center
Date
Authorizing Grant Accountant
Division Director (Approval Required
$ I 5,000 and above)
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EXHIBITC
QUARTERLY PERFORMANCE REPORT DATA
GENERAL-COUNTY is required to.submit to HUD, through the Integrated Disbursement and Information
System (!DIS) Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate
in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within
ten (JO) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: Date:
Project Title: !DIS#:
Program Contact: Telephone Number:
Activitv Reoortine Period Reoort Due Date
October I st -December 31 st Januarv l 0th
January I st -March 3 I st Aoril 10 th
Anril I st -June 30th Julv 10 th
Julv 1st -Sentember 30 th October I 0th
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/ 3/31/ 6/30/ 9/30/
Please note: The CDBG/HOME/ESG Program year begins October I, 2020 -September 30, 20_, Each quarterly report
must include cumulative data beginning from the start of the program vear October l, 2020.
I. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October 1, 2020.
a. Outcome Goals: list the outcome eoal/s) from vour annroved annlication and SUBRECIPIENT Agreement
Outcome I: Obtain building permits and pay impact fees.
Outcome 2: Comolete constrnction
Outcome 3: Meet National Obiective ofLMA
b. Goal Progress: Indicate the progress to date in meeting each outcome rroal.
Outcome!:
Outcome 2:
Outcome 3:
2, ls this oroiect still in compliance with the original project schedule: Yes No
If No, Exolain:
3. Since October I, 2019; of the persons assisted, how many ...
Answer ONLY for Public Facilities & Infrastmcture Activities *03 Matrix Codes
a. ... now have new access (continuin°\ to this service or benefit?
b. . .. now have improved access to this service or benefit?
C. ...now receive a service or benefit that is no loneer substandard?
Total
I 4. What funding sources did the SUB RECIPIENT ann]y for this period?
Section I 08 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
Funds
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center Page 36
0
0
0
0
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5, What is the total number of UN DUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number ofoersons in the household.
a. Total No. Persons/Adults served (LMC) 0 Total No. persons served under 18 0
(LMCl
Ouarter Total No, of Persons 0 Quarter Total No. of Persons 0
b. Total No. of Households served 0 Total No. of female head of household 0
(LMH)
6. What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicitv and income data are renorted bv nersons.
a. Total No. Persons/Adults served (LMC) 0 Total No Persons served under 18 0
(LMC)
YTD Total: 0 YTD Total 0
b. Total No. Households served (LMH) 0 Total No, female head of household (LMH) 0
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8, NOT both
Complete question ?a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit cateeories.
17 PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC) Quarter (LMClYTD
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October I who fall into each
category (the total should equal the total in question #6a presumed benefit category (the total should equal the
or 6b): total in nuestion #6a or 6b):
a Presumed Benefit Activities Onl (LMC) QTR b Presumed Benefit Activities Onlv (LMC) YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Fann Workers LI
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Ouarte,· Total 0 YTD Total
I 8. Comnlete ouestion 8a and 8b if anv client in vour orogram does not fall into a Presumed Benefit cateeotv,
Other Beneficiary Data: Income Range Other Beneficiarv Data: Income Ranoe
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICA TED
served this Quarter who fall into each income category persons served since October I (YTD) who fall into
(the total should equal the total in question #6): each income category (the total should equal the total
in auestion #6):
RURAL NEIGHBORHOODS, INCORPORATED
CD2D-01
Esperanza Community Center Page 37
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I a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low 0
Income ro-30%)
LI Low Income (31-50%) 0 LI Low lncome 0
MOD Moderate Income (51 -80%) 0 MOD Moderate Income 0
(51-80%)
NON-UM Above Moderate Income (>80%) 0 NON-UM Above Moderate 0
Income (>80%)
Quarter Total 0 YTD Total 0
I 9. Is this project in a Low/Mod Area (LMA)? YES I I NO I
Was project completed this quarter? YES I I NO l If yes, complete all of this section 9.
Date project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.1
Certificate of Completion or Certificate of Occupancy,
etc.)
IO. Racial & Ethnic Data /if annlicablc)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICA TED clients
clients served this Quarter fall into each race served since October (YTD) fall into each race category. In
category. In addition to each race category, please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should eaual the total in question 6.) question 6.J
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American Indian/ Alaska Native 0 0 American Indian/Alaska 0 0
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Oth9~ Pacific 0 0
Islander
Black/African American & White 0 0 Black/ African Amer!can & 0 0
White
American Indian/Alaska Native & 0 0 American Indian/Alaska 0 0
Native & Black/African Black/ African American American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
Signature: _______________ _
Title: _______________ _
Your typed name hel'e represents your electronic signatul'e
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center Page 38
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EXHIBITD
INCOME CERTIFICATION
INSTRUCTIONS
Complete form, and retain appropriate supporting documentation, to document providing CDBG
assistance to an eligible beneficimy. Please file in your organization's records and have on hand
for future monitoring visits.
Effective Date: ________ _
A. Household Information
Member Names -All Household Members Relationship
I
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Member Asset Description Cash Value
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets Bib)
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06¾) and enter results in B(c), otherwise leave
blank.
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center
B/c)
Age
Income
from Assets
0.00
Page 39
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C, Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits / Public Other
Salaries Pensions Assistance Income
(include tips, Asset
commissions, Income
bonuses, and
overtime) (Enter the
1 greater of
2 box B(b) or
3 box B(c),
4 above~ in
box C(e) 5 below)
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a) through C(e). 0.00
This amount is the Annual Anticinated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we certify that the statements are trne
and complete to the best of my/our knowledge and belief and are given under penalty ofpe1jury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household
Signature of Spouse or Co-Head of Household
Adult Household Member (if applicable)
Adult Household Member (if applicable)
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center
Date
Date
Date
Date
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E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Ce1tification is/are eligible under the provisions of the
COBO Program. The family or individual(s) constitute(s) a:
D Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/S0'h of the Very Low Income (60 percent of VLI) percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ _____ ~
D Very Low Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ _____ _,
D Low Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit $ _____ ~
Based upon the ________ (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area (MSA) of Collier County, Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/ Ethnicity B Age
Native
American Hawaiian or 0-25 26-40 41-61
Indian Asian Black Other Pac. White Other
Islander
Hispanic
Non-
Hispanic
NOTE: lnformalion conceming !he rale or elhnicily of the occupants is being galheredfor s/alistical
use only. No benejicia,y is required /o give such il?for111alio11 he or she desires lo do so, and refusal
lo give such il?for111a1io11 will 1101 c!lfecl any righl he or she has lo !he CDBG program.
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
62+
Esperanza Commun'ity Center Page 41
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EXHIBITE
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 amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F -Audit Requirements. This form may be used to monitor Florida Single
Audit Act (Statute 215.97) reauirements.
Subrecipient
I Name
First Date of Fiscal Year (MM/DD/YY} Last Date of Fiscal Year (MM/DDIYY}
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
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 0MB 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
manaqement 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, orocedures, 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
Print Name and Title
RURAL NEIGHBORHOODS, INCORPORATED
CD2D-01
Esperanza Community Center
[ Date
I
06/18
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160 4
RESOLUTION NO. 2022- 1 62
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
APPROVING AMENDMENTS TO COLLIER COUNTY'S
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FY2019-2020 ANNUAL ACTION PLAN TO
REALLOCATE $1,000,000 CDBG-CV FUNDING FROM
GOLDEN GATE SENIOR CENTER (CD-CV21-06) WITH
708,321 TO THE YOUTH HAVEN INTAKE CENTER
PROJECT (CD-CV21-04) AND $291,679 FOR A TO BE
DETERMINED PUBLIC FACILITIES PROJECT;
AUTHORIZING THE CHAIR TO EXECUTE REQUIRED
HUD AGREEMENTS AND FORMS; AND AUTHORIZING
TRANSMITTAL OF THE AMENDED PLAN TO THE
UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD); AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the United States Department of Housing and Urban Development (HUD)
requires a one-year Annual Action Plan be developed and submitted as an application for planning
and funding of Community Development Block Grant (CDBG), HOME Investment Partnerships
HOME), and Emergency Solutions Grants (ESG) Program; and
WHEREAS, the Annual Action Plan for FY2019-2020 was approved by the Board of
County Commissioners on June 25, 2019,and the FY2019-2020 Annual Action Plan was adopted
by Resolution 2019-108; and
WHEREAS, on May 12, 2020, the Board of County Commissioners ratified the County
Manager's action to amend the FY2019-2020 Annual Action Plan and recognize the first
round of CDBG-CV and ESG-CV funding for $1,561,633 and $707,128 respectively by
Resolution 2020-50; and
WHEREAS, on November 10, 2020, the Board approved a second amendment to the
FY2019-2020 Annual Action Plan to recognize additional funding related to the Coronavirus
pandemic by Resolution 2020-205; and
WHEREAS, on November 9, 2021, the Board approved a third amendment to the
FY2019-2020 Annual Action Plan to reallocate $1,000,000 in CDBG-CV funds from St.
Matthew's House Facility Acquisition to Reconstruction of Golden Gate Senior Center by
Resolution 2021-229; and
22-SOC-00953/I744204/1] Page 1 of 3
CAa
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16Q 4
WHEREAS, the overall goal of the community planning and development programs
covered by the action plan is to develop viable communities by providing decent, affordable
housing, a suitable living environment and expanding economic opportunities for low and
moderate-income persons; and
WHEREAS,the Coronavirus pandemic resulted in additional federal funding through the
CARES Act; and
WHEREAS, in order to reprogram the HUD Community Development Block Grant
CDBG), CDBG-CV, Emergency Solution Grants (ESG), ESG-CV, and HOME funding each
entitlement community must amend the FY2019-2020 Annual Action Plan to recognize
reallocation of funding within identified programs to be undertaken and respond to community
needs; and
WHEREAS, a fourth substantial amendment is needed to reallocate funding to more
effectively implement the federal grant funded programs.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners of Collier County approves the amendments to
the FY2019-2022 Annual Action Plan for the CDBG-CV Program and authorize the
Community and Human Services Division to transmit the amendments and required
documents to the funding authority and take all necessary actions to implement the
CDBG-CV program.
2. The Annual Action Plan sets forth dollar amounts and project descriptions for the
activities to be funded by the CDBG-CV. A description of the proposed projects and
associated funding is included in the Executive Summary and incorporated by
reference.
3. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held
to be invalid or unconstitutional by any court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of this Resolution.
4. EFFECTIVE DATE. This Resolution shall become effective upon adoption byapp
majority vote of the Board of County Commissioners.
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Packet Pg. 1858 Attachment: SA Resolution #162 Fully Executed (23840 : Amendment #2 Rural Neighborhoods CD20-01)
160 4
This Resolution adopted this 11th day of October 2022, after motion, second
and majority vote favoring same.
ATTEST:, a`...•....., 9,4 BOARD OF COUNTY COMMISSIONERS
CRYSTAL ICE KINZEL•,tJ.ERK COLLIER CO10;I A
Deputy
By:
Ce-)- 4
I ..., OP"
Cler' .•, Will/ m L. McDaniel,Jr., Chairmanw.ttest as toy han -`
still:
signature '.
App ed as to form a legality:
ill /I-
Derek D. Perry
Assistant County Attorney \
i
v
1\01/
22-SOC-00953/1744204/1] Page 3 of 3
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16.D.5.d
Packet Pg. 1859 Attachment: SA Resolution #162 Fully Executed (23840 : Amendment #2 Rural Neighborhoods CD20-01)