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Agenda 12/13/2022 Item #16D 6 (Community Development Block Grant Mitigation subrecipient grant agreement)12/13/2022 EXECUTIVE SUMMARY Recommendation to approve one (1) Department of Economic Opportunity Community Development Block Grant Mitigation Critical Facilities Hardening program subrecipient grant agreement between Collier Health Services, Inc., dba Healthcare Network, and Collier County to provide $206,240 in funding for a hardening project of the Marion E. Feather Medical Center in Immokalee. OBJECTIVE: To approve and authorize the Chairman to sign one (1) Community Development Block Grant Mitigation (CDBG-MIT) subrecipient grant agreement. CONSIDERATIONS: On April 15, 2020, the Department of Economic Opportunity (DEO) announced the first round of CDBG-MIT funding. The total state allocation available for the Critical Facility Hardening Project (CFHP) was $75,000,000. The DEO required the unit of local government to serve as the applicant and coordinate applications on behalf of the local municipalities, healthcare providers, and other public agencies. The County Manager approved the “After-the-Fact” submittal of five (5) applications on June 29, 2020. On July 14, 2020, the Board of County Commissioners (Board) approved Agenda Item #16D6 - the “After-the-Fact” submittal of five (5) applications to the DEO. On February 4, 2021, the DEO awarded CDBG-MIT funds to four (4) of the five (5) submitted applications. On June 28, 2022, the Board accepted four (4) hardening agreements for execution under Agenda Item #16D7: Marion E. Fether Medical Center, Collier Senior Center-Golden Gate, Immokalee Library, and Immokalee Sports Complex. The Marion E. Fether Medical Center agreement is the only agreement that requires a subrecipient grant agreement. The hardening of the Marion E. Fether Medical Center is a project that will include the removal and replacement of sixty-six (66) windows and doors with code compliant insulated/impact windows and doors with an award amount of $216,552. Collier County administration comprises $10,312 of the funding and the remaining funding of $206,240 is assigned to hardening construction costs. The hardening of the Marion E. Fether Medical Center is being managed by the Collier Health Services, Inc. dba Healthcare Network (Healthcare Network). A subrecipient agreement was created to permit Healthcare Network to complete the project according to the DEO CDBG-MIT requirements. FISCAL IMPACT: CDBG-MIT funding does not require a match and is federally funded at one hundred percent (100%). The Community & Human Services Division (CHS) will be eligible for a $10,312 administration fee supporting project implementation. All funds are appropriated in the Housing Grant Fund (705) for the Marion E. Fether Medical Center, Project 33806. GROWTH MANAGEMENT IMPACT: Implementation of the CDBG-MIT grants will further the Goals, Objectives, and Policies of the Capital Improvement, Recreation and Open Space, and Intergovernmental Coordination Elements of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. -DDP RECOMMENDATION: To approve one (1) Department of Economic Opportunity Community Development Block Grant Mitigation Critical Facilities Hardening program subrecipient grant agreement between Collier Health Services, Inc. dba Healthcare Network and Collier County to provide $206,240 in funding for a hardening project of the Marion E Feather Medical Center in Immokalee. Prepared By: Maria Kantaras, Grants Coordinator, Community and Human Services Division ATTACHMENT(S) 1. [linked] [1748211] 2022 CDBG-MIT AGREEMENT-M.E.Fether-(MIT22-001)-10-07-22 - CAO Stamp and Sub Signatures (PDF) 16.D.6 Packet Pg. 1860 12/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6 Doc ID: 23859 Item Summary: Recommendation to approve one (1) Department of Economic Opportunity Community Development Block Grant Mitigation Critical Facilities Hardening program subrecipient grant agreement between Collier Health Services, Inc., dba Healthcare Network, and Collier County to provide $206,240 in funding for a hardening project of the Marion E. Feather Medical Center in Immokalee. Meeting Date: 12/13/2022 Prepared by: Title: Grants Coordinator – Grants Name: Maria Kantaras 11/07/2022 12:09 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 11/07/2022 12:09 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Completed 11/09/2022 11:10 AM Operations & Veteran Services Jeff Newman Additional Reviewer Completed 11/10/2022 9:17 AM Community & Human Services Donald Luciano Additional Reviewer Completed 11/10/2022 12:04 PM Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 11/10/2022 12:41 PM Community & Human Services Todd Henry Additional Reviewer Skipped 11/10/2022 1:00 PM Public Services Department Todd Henry PSD Level 1 Reviewer Completed 11/10/2022 1:42 PM Grants Erica Robinson Level 2 Grants Review Completed 11/14/2022 7:43 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/15/2022 8:43 AM Public Services Department Tanya Williams PSD Department Head Review Completed 11/15/2022 12:29 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/15/2022 12:48 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/16/2022 4:11 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 11/22/2022 9:06 AM Grants Therese Stanley Additional Reviewer Completed 11/29/2022 11:57 AM Office of Management and Budget Christopher Johnson Additional Reviewer Completed 11/29/2022 1:44 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/05/2022 8:45 AM Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM 16.D.6 Packet Pg. 1861 FAIN # N/A Federal Award Date February 4, 2021 Federal Award Agency HUD CFDA Name Community Development Block Grants/State's Program & Non -Entitlement Grants in Hawaii CFDA/CSFA# 14.228 Total Amount of Federal Funds Awarded $206,240.00 Subrecipient Name Collier Health Services, Inc. dba Healthcare Network UEI# GPXB KU6AJA5 FEIN 594741277 R&D NA Indirect Cost Rate NA Period of Performance August 4, 2022-August 392026 Fiscal Year End 2031 Monitor End: August 3, 2031 AGREEMENT BETWEEN COLLIER COUNTY AND Collier Health Services, Inc. dba Healthcare Network CDBG-Mitigation Program THIS AGREEMENT is made and entered into this _day of 2022, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339 Tamiami Trail East, Naples FL 34112, and Collier Health Services, Inc. dba Healthcare Network ("SUBRECIPIENT"), a private non-profit organization having its principal office at 1454 Madison Ave. W., Immokalee, FL 34142 . WHEREAS, the COUNTY has entered into an Agreement with the State of Florida Department of Economic Opportunity (DEO) for a grant for the execution and implementation of a Community Development Block Grant Mitigation (CDBG-MIT) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, on July 14, 2020, the Board of County Commissioners ("Board") approved Agenda Item 16D.6 —the "After -the -Fact" submittal of five (5) applications to the DEO; and WHEREAS, on February 4, 2021, the DEO awarded CDBG-MIT funds to four (4) of the five (5) submitted applications; and Collier Heallh Services, Inc. dba Healthcare Nehvork MIT22-001 Marion E. Fether Medical Center Hardening Page 1 O Gr WHEREAS, on June 28, 2021, the Board accepted the four (4) awards under Agenda Item 16.D.7 including the Marion E. Fether Medical Center Hardening; and WHEREAS, all CDBG-MIT activities carried out by SUBRECIPIENT will: (1) meet the definition of mitigation activities; for the purpose of this funding, mitigation activities are defined as those activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters; (2) address the current and future risks as identified in DEO's Mitigation Needs Assessment of most impacted and distressed area(s); (3) be CDBG-eligible activities under Title I of the Housing and Community Development Act of 1974 (HCDA) or otherwise eligible pursuant to a waiver or alternative requirement; and (4) meet a National Objective, including additional criteria for mitigation activities and a Coveted Project; and WHEREAS, CDBG-MIT Funds made available for use by the SUBRECIPIENT under this Agreement constitute a subaward of the DEO Federal award, the use of which must be in accordance with requirements imposed by Federal statutes, regulations, and the terms and conditions of the DEO's Federal award; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG-MIT proj ect — (MIT22-0 1) Marion E. Fether Medical Center Hardening, WHEREAS, pursuant to Public Law (P.L.) P.L I15-123 Bipartisan Budget Act of 2018 and Additional Supplemental Appropriations for Disaster Relief Act of 2018 (approved February 9, 2018), and P.L. 116-20 Supplemental Appropriations for Disaster Relief Requirements Act, 2019 (approved June 6, 2019), Division B, Subdivision 1 of the Bipartisan Budget Act of 2018, P.L. 115-56, the "Continuing Appropriations Act, 2018'; and the requirements of the Federal Register (FR) notices entitled "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees", 84 FR 45838 (August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 (January 6, 2021); (hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") has awarded Community Development Block Grant -Mitigation (CDBG-MIT) funds to DEO for mitigation activities authorized under Title I of the Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C) section 5301) and applicable implementing regulations at 24. CFR part 570 and consistent with the Appropriations Act. WHEREAS, the SUBRECIPIENT has legal authority to enter into this Agreement and by signing this Agreement, the SUBRECIPIENT represents and warrants to the COUNTY that it will comply with all the requirements of the subaward described herein. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as Follows: Collier Health Services, Inc. dba Healthcare Nehvork MIT22-001 Marlon E. Fether Medical Center Hardening Page 2 O G�' [Page Intentionally Left Blank) Collier Health Services, Inc. dba Healthcare Nehvork MIT22-001 Marion E. Fete er Medical Center Hardening Page 3 0 G�' PARTI SCOPE OF WORK This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding under• this program must harden critical buildings that serve a public safety purpose for local communities. Critical buildings include potable water facilities, wastewater facilities, police departments, fire departments, hospitals, emergency operation centers, and emergency shelters. SUBRECIPIENT shall, in a satisfactory and proper• manner and consistent with any standards required as a condition of providing CDBG-MIT 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: Marion E. Fether Medical Center Hardening Description of project and outcome: Collier• Health Services, Inc. dba Healthcare Network serves as a vital instrument to the health of Collier County citizens before, during, and immediately after a natural disaster. Replacing 7 doors and 59 windows with impact glazing material at the Marion E. Fether Medical Center will solidify the facility's ability to withstand wind, heat, or water damage during and after a storm and allow immediate response to the needs of the community; 61.84 percent of which are designated as low- to moderate -income residents. The project is estimated to begin upon execution of this Agreement and completed within 48 months at a cost of $206,240.00. There are no leveraged or matching funds included in this project. The team overseeing this project consists of the Collier Health Services, Inc. dba Healthcare Network Facilities Department under the direction of the Project Manager, who is working in coordination with Collier County, and selected contractor(s). Proiect Component One: Construction Obtain appropriate permitting. Purchase, install remove and properly dispose of 7 doors and 59 exterior windows and replace with new insulated/impact glazing system doors and windows of like dimensions and in compliance with Florida Building Codes standards and local, state and federal building codes. Repair affected areas resulting from removal/installation by applying molding, patching interior drywall and sills, and repair exterior stucco walls and touch up paint The property will be deed restricted for five (5) years 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 ten (10) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval, a detailed project schedule for the completion of the project. Collier Health services, Inc. dba Healthcare Network MIT22-001 Marion E. Fether Medical Center Hardening Page 4 O G�' B. SUBRECIPIENT must submit the following resolutions and policies to CHS within ten(10) days of execution of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy (COI) and related COI Forms ® Procurement Policy ® Administrative Financial Management Policies (must comply with all HUD CDBG-MIT and State of Florida rules) ® Quality Assurance and Quality Control Policies (must comply with all HUD CDBG-MIT and DEO policies) ® 2 CFR 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements Policy for Federal Award ® Uniform Relocation Act (URA) Policy ® Sexual Harassment Policy ® Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Language Assistance and Planning Policy (LAP) ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Environmental Review Requirement (ERR) -This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review and either (i) the determination that the project is Exempt or (ii) the COUNTY's receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. 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 SUBRECIPIENT Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT 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. Collier }Iealth Scrviccs, Inc. dba I Iealthcare Network MIT22-001 Marion E. Fether Medical Cen[er Hardening Page 5 f O V� D. Limited English Proficiency — Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or "LEP persons") may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities funded with HUD Funds by LEP persons. Any of the following actions could constitute "reasonable steps", depending on the circumstances: acquiring translators to translate vital documents; advertisements or notices; acquiring interpreters for face to face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. 1.2 PROJECT DETAILS A. Project Description/Project Budget Descri lion Federal Amount Project Component 1: Construction $2063240,00 Obtain appropriate permitting. Purchase, install remove and properly dispose of 7 doors and 59 exterior windows and replace with new insulated/impact glazing system doors and windows of like dimensions and in compliance with Florida Building Codes standards and local, state and federal building codes. Repair affected areas resulting from removal/installation by applying molding, patching interior drywall and sills, and repair exterior stucco walls and touch up paint. $206,240.00 Total Federal Funds: $2065240.00 SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain beneficiary income certification documentation, and provide to the COUNTY as requested ® Maintain and provide National Objective Documentation ® Provide Quarterly Reports on project progress, Activity Work Plan, Budget, and updated organization chart if applicable. ® Provide Quarterly the resolution/ordinances, name and contact information of Fair Housing, EEO/AA, and Section 504/ADA Coordinator and a copy of the published Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marlon E. Fether Medical Center Hardening Page 6 O 0; information or email address for SUBRECIPIENT's website. Establish a system to log all Fair Housing, EEO/AA, and Section 504/ADA complaints and submit quarterly. ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ® Ensure attendance by SUBRECIPIENT and General Contractor at Pre -Construction meetings, prior to SUBBRECIPIENT issuing Notice to Proceed (NTP) to contractor ® Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation, note any staffing changes with job descriptions, Activity Work Plan, and Budget ® Identify Lead Project Manager ® Provide Site Design and Specifications ® Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work ® Comply with Davis -Bacon Labor Standards ® Comply with Section 3 and maintain documentation ® Provide weekly certified payroll throughout construction and rehabilitation ® Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ® Ensure the applicable continued use period for the project is met B. National Objective The CDBG-MIT program Funds awarded to Collier County must benefit low- to moderate -income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of ® LMA —Low/Mod Area Benefit ❑ LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ 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 CDBG-MIT 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 CDBG-MIT National Objective. Failure to achieve the National Objective under this Agreement will require repayment of the CDBG-MIT investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain 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 CDBG-MIT 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 Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fether Medical Cen[er Hardening Pagel O (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 CDBG-MIT investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance Insurance Certificate Within 10 days of Agreement execution and Annually (immediately upon renewal Staffing Plan Organization Chart and Job Quarterly, unless staffing Descriptions for employees, changes occur off cycle, then contracted staff, vendors, and report in monthly progress contractors report. Due within 5 days of prior month end Special Grant Condition Policies Policies as stated in this Within 10 days of Agreement Section LI Agreement execution Activity Work Plan Project Schedule (Exhibit D) Monthly, within 5 days of prior month end Fair Housing Log Develop Tracking Spreadsheet Quarterly, within 5 days of prior for complaints that includes: quarter end Coordinator contact name and information; attach ordinance ordinance/resolution (Log must include Fair Housin EO/504 complaints) Detailed Project Budget Exhibit C Monthly, within 5 days of prior month end Project Plans and Specifications Site Plans and Specifications Prior to procurement Procurement Documents (Bid Independent Cost Estimate, After completion of Packet) * Method of Procurement, Bid Environmental Review, and Advertisement, Solicitation prior to advertising solicitation. Packet. Advertisement not to occur until package is approved by DEO. Subcontractor Log Subcontractor Log Initially at construction start, and quarterly thereafter Progress Report Monthly and Quarterly Repots Monthly report (Exhibit E) due (Exhibits E and H respectively) by the 5' of each month; Quarterly Reports (Exhibit H) due by the 50' of Jan/Apr/Jul/ Oct. Both reports are to be submitted in Jan/Apr/Jul/Oct. Section 3 Compliance Report Exhibit F Monthly, due by the 56s of each month. Davis -Bacon Act Certified Weekly Certified Payroll Weekly, within 7 days following Payroll reports, forms, and supporting issuance of payroll checks documentation required to be submitted through the County Collier Health Services, hrc. dba Healthcare Network MIT22-001 Marion E. Fether Medical Cen[er Hardening PageB 0 G�' Program Deliverable Deliverable Supporting Submission Schedule Documentation electronic certified payroll system LCP Tracker. Annual Audit Monitoring Exhibit G Annually within 60 days after Report the end of the fiscal year Financial and Compliance Audit Audit, Management Letter, and Annually; 9 months after FY Supporting Documentation end for Single Audit OR 180 days after FY end Continued Use Certification Continued Use Affidavit, if Annually, for five (5) years after applicable Project Closeout Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after construction completion. Annually throughout the continued use period *SUBRECIPIENT's Notice to Proceed may be withheld if procw•ement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as, a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Pa ment Deliverable Pa ment Su ortin Documentation Submission Schedule Project Component 1: Submission of supporting documents Within 5 calendar Construction must be provided as backup along with days after the end of Obtain appropriate permitting. pay requests (Exhibit B), as evidenced by each month. AIA or similar document, canceled check Purchase, install remove and and/or bank statements, copy of any properly dispose of 7 doors and 59 permits,invoices and any other additional exterior windows and replace with documentation as requested. new insulated/impact glazing system doors and windows of like The County will pay up to 90% of the dimensions and in compliance total grant award or project costs, with Florida Building Codes whichever is lower. The remaining 10% standards and local, state and of the award or project costs will be federal building codes. released upon final monitoring clearance and meeting a National Objective, For Repair affected areas resulting clarity, the County will not withhold 10% from removal/installation by on each payment request. applying molding, patching interior drywall and sills, and repair exterior stucco walls and touch up paint, Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fether Medical Center Hardening Page 9 O CN The final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. SUBRECIPIENT'S failure to achieve the National Objective will require repayment of the CDBG-MIT investment under this Agreement, 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on August 41 2022 and shall end on August 3, 2026. The CounTy Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. f.4 AGREEMENT AMOUNT The COUNTY agrees to make available TWO HUNDRED SIX THOUSAND, TWO HUNDRED AND FORTY DOLLARS AND 00 CENTS ($206,240.00) for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the Funds). Modification to the Budget and Scope may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total Funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse SUBRECIPIENT for the per%rmance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG-MIT Funds until Funds are needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. COUNTY will pay SUBRECIPIENT funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, and not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance fund and program income balances available in SUBRECIPIENT accounts. In addition, COUNTY reserves the right to liquidate funds available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT. Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fether Medical Center Hardening Page 10 O G�' Final invoices are one 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. CHS may withhold any pay request until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or evidence of proiect inactivity may cause payment suspension of any oven pay requests until the required deliverables are received or substantial project progression occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbmsement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200.413. SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200,318-200,327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. The SUBRECIPIENT 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), canmercial 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: Maria Kantaras, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: maria.kantaras(&,colliercountyfl.gov Telephone: (239) 252-6141 Collier Health Services, Inc. dba Healthcare Network MIT22-0el Marion E. Fether Medical Center Hardening Page 11 O G�' SUBRECIPIENT ATTENTION: Tatni Raznoff, VP of Fiscal Affairs and Cr Collier Health Services, Inc. dba Healthcare Network 1454 Madison Ave. W. Immokalee, Florida 34142 Email: traznoff@healthcareswfl.org Telephone: (239) 658-3001 Collier Health Services, Inc. dba Healthcare Nehvork MIT22-001 Marion E. Fether Medical Center Hardening Page 12 AO CN PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements, 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 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-MIT regulations. B. SUBRECIPIENT shall establish and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or• CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. Collier Health Services, Inc. dba Healthcare Nehrork MIT22-001 Marion E. Fe[her Medical Center Hardening Page 13 O GA 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, and in a readily accessible, permanent, and secured location for six (6) state fiscal years after final closeout of this Agreement (all reporting requirements are satisfied and final payments have been received), as prescribed in 2 CFR 200.334, 24 CFR 570.493, and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the six (6) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT'S possession upon termination of the Agreement, and destroy any duplicate, exempt, or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-26799 Michael.Brownlee(i�colliercountyfl.Eov, 3299 Tamiami Trail E, Naples FL 341120 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, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for grant implementation. F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT'S compliance. G. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirements) under which fimding was received. This includes special requirements, such as necessary and appropriate Collier Heal[h Services, Inc. dba Healthcare Nehvork MIT22-001 Marlon E Fether Medical Cen[er Hardening Page 14 0 VN determinations as defined in 24 CFR a 10.208, 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 exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit F) no later than 60 days after SUBRECIPIENT' S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt fiom 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 fewer than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or DEC, to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall cooperate with any inspections, reviews, investigations, or audits deemed necessary by CHS, DEO, Chief Financial Officer (CFO), or Auditor General. Such inspections, reviews, investigations, or audits may be scheduled or unscheduled, as determined by CHS or DEO. COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and perfmrance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by SUBRECIPIENT within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide DEO or its designee, CFO, Auditor General, HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of Collier Health Services, Inc. dba Healthcare Network MIT22-0Ol Marion E. Fether Medical Center Hardening Page 15 Q �A this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of this Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or 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. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant fiords to be returned to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marion E. Feiner Medical Center Hardening Page 16 0 G�' 3, If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG-MIT investment for acquisition of the properties conveyed, to be returned to the COUNTY, • CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 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. Reports showing lack of proiect activity may result in withholding of pavment or issuance of a Notice of Noncompliance. During the term of this Agreement, SUBRECIPIENT shall submit monthly and quarterly progress reports to the COUNTY on the 5's day of every month (Monthly report) for the prior month, and the 5 h day of Jan/April/July/October for the prior quarter end. The progress reports include but are not limited to, accomplishments within past month/quarter, issues or risks with resolutions, and projected activities to be completed within the following month/quarter. Exhibit E, Monthly - Quarterly Report, should be used to fulfill 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, or if legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Collier he i ces, Inc. dba Healthcare Nehvork MIT22-0al Marion E. Fether Medical Center Hardening Page 17 O G�' PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. SUBRECIPIENT shall cause all of the provisions of this Agreement in its entirety to be included iIn and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT 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), including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to foRow the Federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG-MIT program was funded through the Housing and Community Development Act of 1974. 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. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended tc, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S Board. Such Collier Health Services, Inc. dba Healthcare Nehvork MIT22-001 Marlon E. Fether Medical Center Hardening Page 18 O G�' amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The patties acknowledge that the Funds originate fiom DEO CDBG-MIT grant Funds and must be implemented in full compliance with all ofDEO's rules and regulations and any agreement between COUNTY and DEO governing the CDBG-MIT Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of Funds awarded by DEO to the COUNTY, to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liaties, damages, losses, costs, and causes of action, which may arise out of an act or omission including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, 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 or termination of this Agreement. Collier Health Services, Inc. dba Healthcare Nehvork MIT22-001 Marian E. Fether Medical Center Hardening Page 19 Q G�' 301 GRANTEE SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advelfisememS, descriptions of program sponsorships, research reports, and similar public notices, whether printed r digitally prepared and released by 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), FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO), AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION (CHS)" 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 to the general public regarding the development team as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserves the right to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the work or materials for governmental purposes, 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The Following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 2005 Appendix A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or such statutes, regulations, executive orders, and DEO guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. Collier Heallh Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fether Medical Center Hardening Page 20 O CA E. Submission of any Use certification. 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. 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 perfomance of the Agreement in whole or in part. B. Require the use of, or change in, professional property management, if applicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG-MIT Funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal Department or agency; and that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders ]2549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of Agreement termination, and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of CDBG-MIT Funds, per 24 CFR 570.503(b)(7). Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fe[her Medical Cen[er Hardening Page 21 O GA The COUN I i S receipt of any Funds on hand at the time of termination shall not waive the COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT'S performance under the Agreement. 3.12 ADMINISTRATIVE REQUII2EMENTS 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 -Mitigation Program (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County's Procurement Ordinance 42017-08, as amended. Current purchasing thresholds are: Ran e: Cmn etition Re uired $0 - $501000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP, etc) All improvements specified in Part I Scope of Ww•k 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. SUBRECIPIENT shall manage contract administration, and CHS shall monitor the administration. CHS shall have access to all records and documents related to the Project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, w• use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.3230 Collier Health Services, Inc. dba Healthcare Nehvork MIT22-001 Marion E. Fe[her Medical Cen[er Hardening Page 22 O G�' 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived fiom the use of CDBG- MIT funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT only for CDBG-MIT-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by CDBG-MIT Funds shall be reported to the COUNTY through in annual Program Income Re -use Plan, utilized by the SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR part 570.489, 570.500, and 24 CFR 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG-MIT Funds, the income shall be prorated to reflect the percentage of CDBG-MIT Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant -MIT Program, for further reallocation. 3.15 Public Facilities and Imarovements: Public facilities that are acquired, constructed, rehabilitated, or otherwise improved with CDBG-MIT Funds are subject to this requirement. This includes parks, libraries, community centers, and any other facility whose primary purpose is a public one. For these facilities, Program Income is the income generated by the use of the facility, less 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 SUBRECIPIENT must submit a list of proposed costs incidental to the generation of program income to the COUNTY for approval. Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG-MIT Funds shall be used to meet one of the CDBG-MIT National Objectives, pursuant to 24 CFR 570,208, during the continued use period as referenced in section 3.16 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-MIT assisted real property in a manner that meets a CDBG-MIT National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to CDBG-MIT and non-CDBG-MIT 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. 3.16 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met. The continued use period shall commence with the latter of the SUBRECIPIENT meeting the National 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, Collier Heallh Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fether Medical Center Hardening Page 23 O G�' equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG-MIT funds, including program income. In addition to the records retention outlined in section 2.2 (Records and )ocumentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds that have been advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344, 3.17 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be -given opportunities for training and employment. Also, to the greatest extent practicable, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.18 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans„ Hispanic Americans, Asian/PacificAmericans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. Collier Health Services, Inc. dba Healthcare Network MI722-001 Marion E. Fether Medical Center Hardening Page 24 O G?' 3.19 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective though 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 municipalities participating in the COUNTY's Urban County Qualification Program, 3.20 DUPLICATION OF BENEFITS SUBRECIPIENT shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 USC 5155) and described in Appropriations Acts. SUBRECIPIENT must comply with DEO's and HUD's requirements for duplication of benefits, as described in the Federal Register and HUD guidance (including HUD training materials). SUBRECIPIENT shall carry out the activities under this Agreement in compliance with DEO's procedures to prevent duplication of benefits. 3.21 AFFII2MATIVE ACTION SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program pursuant to the COUNTY'S specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval a plan for an Affirmative Action Program. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or worker's representative of SUBRECIPIENT'S commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 3.22 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions a• responsibilities in connection with the Project, has any personal financial interest, direct or Collier Health Services, Inc. dba Ileallhcare Network MIT22-001 Marion E. Fetter Medical Cen[er Hardening Page 25 Q G� indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement; and that no person having any conflict of interest shall be employed or subcontracted by 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. 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 SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, 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. 3.23 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in Section 4.57 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. No Funds or other resources received from DEO under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 3.24 RELIGIOUS ORGANIZATIONS CDBG-MIT Funds may be used by religious organizations or on property owned by religious organizations only in accordance with regairetnents set iu Section 24 CFR 570.200(j). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its Cother Health Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fether Medical Center Hardening Page 26 O CA religious beliefs, provided it does not use direct CDBG-MIT Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG-MIT Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG-MIT Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG-MIT funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-MIT funded improvements. 3.25 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any subcontractors shall report to the COUNTY, knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.26 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.27 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY'S or SUBRECIPIENT'S responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. Collier Health Services, Inc. dba Healthcare Nehvork MIT22-001 Marion E. Fether Medical Center Hardening Page 27 Q G�' All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by CHS. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.28 WAIVIJR The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blanlc Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marlon E. Fether Medical Center Hardening Page 28 O G�' PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www,ecfr.gov/cai-bin/text-idx?tpl=/eefrbrowse/Title24/24efr570 main 02.tpi 4.2 State of Florida Requirements stated throughout the Agreement 4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC I501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal Register: Political Activity -State or Local Officers or Employees: Federal Employees Residing in Designated Localities: Federal Employees 4.4 24 CFR 58 -The regulations prescribing the Environmental Review procedure. https://www.ecfr.goy/cizi-bin/text- idx?SID=l acdb92f3b05e3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rm--div5 Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines Summary of the Resource Conservation and Recovery Act I US EPA 4.5 Section 104(d) and Section 109 of Title I of the Housing AO Development Act of 1974 as amended Section 109 of the HCD Act of 1974 1 HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) of the Housing and Community Development Act of 1974, as amended (see 42 USC 5304(d)) - HUD Exchange 4.6 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Hcusing Act. htt�Ts://www.hud.gov/sites/documents/DOC 777LPDF https://www.j ustice.gov/crt/fair-housing-act-1 Executive Order 11063 —Equal Opportunity in Housing https://www.archivcs.pov/federal- cizister/codification/executive-order/I 1063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-repi ster/codi ficat ion/executive-order/ 12259. html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. ittps://www.law.comell.edu/cfr/textt24/part-107 4.7 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended his://www.hud.gov/programdescription/title6 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, Collier I Icalth Services, Inc. dba Healthcare Nehrork MIT22-001 Marion E. Fether Medical Center Hardening SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.8 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits discrimination on the basis of sex in educational programs Title IX Of The Education Amendments Of 1972 (justice.Rov) 4.9 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families I Benefits.eov eCFR :: 45 CFR Part 260 -- General Temuorary Assistance for Needy Families (TANF) Provisions 4.10 The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 USC 6083, Pro -Children Act Of 1994 1 Legislation I US Encyclopedia of law (lawi.us) 4.11 Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, SUBRECIPIENT shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 4.12 Purchase of American -Made Equipment and Products: Contractor assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American -made. 4.13 24 CFR 570.601 Subpart K -The regulations issued pursuant to Executive Order 11063 which prohibits discr•iminationarrd promotes equal opportunity in housing. httns://www. gpo. gov/fdsys/pkgtCFR-2007-title24-vol3/odf/CFR-2007-title24-vol3-sec570- 602Tndf 4.14 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: httr)s://www.dol.pov/agencies/ofccp/executive-order-I 1246/as-amended EO 11375 and 12086: see item #8 below Collier Health Services, Inc. dba Healthcare Nehvark MIT22-001 Marlon E. Fether Medical Center Hardening Page 30 O CN 4.15 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission eeoc. ov 4.16 24 CFR 75 —Regulations outlining tequirements of Sectien 3 of the Housing and Utban 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 75, 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, 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 located." Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. Section 3 reauires 25 oercent of the total labor hours must be worked by Section 3 workers and 5 oercent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described, Examples include held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. 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-MIT-funded project is Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fetter Medical Center Hardening Page 31 AO G 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 and DEO programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based 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-MIT-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 and DEO programs. https://www.hud.gov/sites/documents/DOC 12047.PDF SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. ttps://www.eefr.goy/current/title-24/subtitle-A/i)art-75 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT I om CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.17 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 httr)s://www.law.comell.edu/uscode/text/42/chapter-76 11246: https://www.dol.eov/ofccp/reps/statutes/eoI1246.htm 11375: Amended by EO 11478 11478; https://www.archives.eov/federal-register/codification/executi ve-order/11478.htm1 12107: https://www.archives.pov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.yoy/federal-register/Codifrcation/executive-order/12086 html 4.18 Contract Work Hours and Safety Standards Act, 40 USC 327-332. httns://www.dol.eov/whd/regs/statutes/safe0l .pdf 4.19 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.ena.eov/ocr 29 USC 776: https:/Aaw.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.20 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudproeramsleohudap 4.21 The Architectural Barriers Act of 1968: The Fed -Architectural Barriers Act of 1968 (42 U.S.C. §& 4151--571(federalreserve.govl Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fete er Medical Center Hardening Page 32 O VN 4.22 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, https://www.fhwa.dot. ovg /real estate/uniform act/index.cfm 4.23 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 4010 must be included in all construction contracts funded by CDBG. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: l s://uscodeIhouse.gov/view.xhtmI?req=granuleid:USC-1999-title40-section276a- 7&num=0&edit ion=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 ittps://www.law.cornell.edu/cfr/text/29,/part-3 29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.l aw. comell.edu/cfr/text/29/part-5 Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.phhp?pid=23675 4.24 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 https://www. ovg info.gov/content/pkg/USCODE-2010-titlel8/odf/USCODE-2010- titlel8.pdf 40 U.S.C. 276c https://uscode.house,gov/view.xhtml?req=eranuleid:USC-1999-title40- section276c&num=0&edition=1999 4.25 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. httos://www.archives. eov/federal-register/cod i frcation/exccutivc-order/I 1625, htm i 4.26 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 Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: Collier Health Senlices, Inc. dba Healthcare Network MIT22-001 Marlon E. Fether Medical Center Hardening Page 33 �+ 1�O V`' hups://www.ecfr.pov/cgi-bin/text- dx?SID=9eae3f8eaa99lfU4l l f383b74003 bcb 1 &mc--true&node=ot24.3.570&rtm=div5#se24.3.5 70 1607 E.O. 13279: http://www.fedizovcontracts,com/i)e02-96.htm 4.27 Public Law 100-430 -the Fair Housing Amendments Act of 1988. httRs://www.nebi.nlm.niii.gov/pubmed/ 12289709 4.28 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements, httos://www.ecfr.gov/cgi-bin/text-idx?tol=/ecfrbrowse/Title02/2cfr200 main 02.tR1 4.29 2 CFR 200.216 —Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant fonds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.30 Immigration Reform and Control Act of 1986 5.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 1 Congress.gov I Library of Congress 4.31 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, Pall III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- htto://www.collier zov.neYhome/showdocument?id=35137 4.32 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 Conttact Documents, except that 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. 4.33 Venue -Any suit of action brought by either pally to this Agreement against the other party, relating to or arising out of this Agreement, must be brouglrt in the appropriate federal or state coups, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference requited for this item). Collier Health Services, Inc. dba Healthcare Network MI722-001 Marion F. Fether Medical Center Hardening Page 34 O CN 4.34 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 patty fail to submit to mediation as required hereunder, the other patty may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate,gov/Laws/Statutes/2012/44,102 4.35 SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. hhtt s://www.izovinfo.pov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chao85. htm https://www.law.cornell.edu/uscode/text/42/chat)ter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. httos://www.g_ovinfo.eov/content/oky/USCODE-2011-title33/pdf/USCODE-2011-title33- chao26.odf htti)s://www.law.cornell.edu/uscode/text/33/chapter-26 4.36 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood 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.comell.edu/cfr/text/24/570.605 4.37 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures 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. Lead -Based Paint - HUD Exchange 4.38 The SUBRECIPIENT 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. achp. g,ov/sites/default/files/regulations/2017-02/reps-rev04.pdf Collier Health Services, Inc. dba I Icalthcarc Nchvork MIT22-001 Marion E. Fe[her Medical Cen[er Hardening Page 35 Q G�' In 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. 4.39 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). httus://www.goo.gov/fdsys/Rranuic/USCODE-2009-title4l /USCODE-2009-title4l-chap 10- sec701 4.40 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 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 24 CFR 570.609, Subpart K. httus://www.arch ives.gov/federal-register/codification/executive-order/ 12549. htm 1 4.41 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.42 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT'S fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.345, 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. hRps://www.ecfr.pov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 Al Any real property acquired by SUBRECIPIENT far the purpose of carrying out 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 24.101, shall be subject to the provisions of CDBG-MIT including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT'S control, which is acquired or improved, in whole or part, with CDBG-MIT funds in excess of $25,000, must adhere to the CDBG-MIT Regulations at 24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. The Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marion E. rether Medical Center Hardening Page 36 O CN SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 5700606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG-MIT assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their residences. https://www.ppo. og v/fdsys/granule/CFR-1999-title49-voll/CFR-1999-title49-voll-sec24-101 https://www. ovg info.yoy/app/details/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.44 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes, http://www.leg.state.fl.us/Statutes/index.cfm?Apo mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.htm As provided in section 287.134, Florida Statutes, an entity or affiliate, as defined in section 287.134(1), who has been placed on the discriminatory vendors list may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity. By executing this Agreement, the SUBRECIPIENT represents and warrants that neither it nor any of its affiliates is currently on the discriminatory vendors list. The SUBRECIPIENT shall disclose if it or any of its affiliates is placed on the discriminatory vendors list. Chapter 287 Section 134 - 2021 Florida Statutes (flsenate.gov) 4.45 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 SUBRECIPIENTS shall certify and disclose accordingly. Collier Heath Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fetter Medical Center Hardening Page 37 O G�' 4.46 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per dietn rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for any outside travel outside the metropolitan area with funds provided under this Agreement. https://www. gsa. gov/portal/content/ 104877 4.47 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.izovreizs.com/regulations/expand/title24 parts subpartA section5.106 4.48 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD and DEO 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. 1701x, per 24 CFR 5,111. eCFR :: 24 CFR Part 214 Subpart D -- Program Administration hftps://www.law.cornell.edu/cfr/text/24/5.111 4.49 HUD Final Rttle —Implementation of the Violence Against Women Reauthorization Act of 2013 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/2016/11 /16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-i n-hud-housing-program s 4.50 Any rule or regulation determined to be applicable by HUD and/or DEO. 4.51 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statutes section 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021, Eligibility determination is not required for continuing employees hired prior to January 1, 2021. hgp://www.lcg,state.fl.us/statutes/index.cfm?Ai)v mode=Displav Statute&URL=0400- 0499/0448/0448.html 4.52 Florida Statutes section 713.2Q, Part 1, Construction Liens Statutes &Constitution :View Statutes :Online Sunshine (state.fl.us1 4.53 Florida Statutes section 119.021 Records Retention Statutes &Constitution :View Statutes :Online Sunshine (state.fl.us) 4.54 Florida Statutes section 119.071, Contracts and Public Records https//www.legstate.fl.us/Statutes/index.cfm?App mode=Display Statute&URL�100- 0199/0119/Sections/0119.071. htm I Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fether Medical Center Hardening Page 38 O GA 4.55 Limited English Proficiency: 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.pov. 4.56 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://oio.eov/abouttoer/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 HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights, 4.57 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. 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 httos://oin.eov/aboutlocr/pdfs[UseofConviction Advisorv.vdf for more details. 4.58 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): SUBRECIPIENT will not use and has not used Federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable Local, State, and Federal laws and regulations governing advocacy of and appearances before any legislative body. None of the Funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.59 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 Rinds 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 Rinds 18 U.S. Code § 1001 - Statements or entries generally I U.S. Code I US Law I L1I / Legal Information Institute (comell.edu) Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitlelll-chao37-subchapllI-sec3729 (eovinfo.eov) Collier Health Services, Inc. dba Healthcare Nehvork MIT22-001 Marion E Fe[her Medical Center Hardening Page 39 O CN 31 U.S. Code & 3729 - False claims U.S. Code US Law LII / Legal Information Institute (cornell.edu) 4.60 Political Activities Prohibited: one 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. 4.61 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD 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 HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.62 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the pall of SUBRECIPIENT and any of its employees. The details of SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://ojp.aov/fundine/Explore/ProhibitedConduct- Trafficking htm. 4.63 Federal Funding Accountability and Transparency Act (FFATA): The SUBRECIPIENT shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM). The SUBRECIPIENT must have an active registration in SAM, http://www.sampov/SAM/ in accordance with 2 CFR part 25, appendix A, and must have a Data Universal Numbering System (DUNS) number httus://fedizov.dnb.com/webform/ The SUBRECIPIENT must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170 Reporting Subaward and Executive Compensation Information. eCFR :: 2 CFR Part 25 -- Universal Identifier and System for Award Management eCFR :: 2 CFR Part 170 -- Reporting Subaward and Executive Compensation Information 4.64 Association of Community Organizations for Reform Now (ACORN): 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 HUD. 4.65 SUBRECIPIENT acknowledges being subject to Florida's Government in the Sunshine Law (section 286.011, Flot•ida Statutes) with respect to the meetings of SUBRECIPIENT'S governing board or the meetings of any subcommittee making recommendations to the governing board. SUBRECIPIENT agrees that all such aforementioned meetings shall be publicly noticed, open to Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marian E. Fether Medical Center Hardening Page 40 O G�' the public and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119, Florida Statutes. Chanter 286 Section 011 - 2021 Florida Statutes (flsenate.gov) 2021 Florida Statutes - The Florida Senate (flsenate.gov) 4.66 SUBRECIPIENT shall comply with section 519 of P.L. 101-144, the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990; and section 906 of P.L. 101-625, the Cranston -Gonzalez National Affordable Houung Act, 1990, by having, or adopting within ninety (90) days of execution of this Agreement, and enforcing the following: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any indivduals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Text - H.R.2916 - 101st Congress (19894990): Departments of Veterans Affairs and Housiin and Urban Development. Independent Agencies Appropriations Act, 1990 1 Con ress. ov Library of Congress htti)s://www.hud.pov/sites/documents/NAHA906.TXT 4.67 If SUBRECIPIENT wishes to enter into a contract with a small business fun or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part401, "Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. https://www.ecfr.pov/cai- bin/retrieveECFR?go=&SID=a004b6bf20934ace7a7l7de761dc64c0&mc--true&n pt37.lA0I&r =PART&tv=HTML 4.68 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) Collier Heal[h Services, Inc. dba Healthcare Nehvork MIT22-001 Marion E. Fether Medical Center Hardening Page 41 0 G�' N WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK Dated: AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk WILLIAM L. MCDANIEL, JR., CHAIRPERSON (SEAL) WITNESSES: nn Witness #1 Signature Witness 91 Printed Name Witnes 2 Signature Witness #2 Printed atne Approved as to form and legality: Derek D. Perry Assistant County Attorney Date: Date: AS TO SUBRECIPIENT: Collier Health Services, Inc. dba Healthcare Network TANII RAZNOFiF, VIQE�'RESIDENT OF FISCAL AFFAIRS AND CHI F FINANCIAL OFFICER Date: [Please provide evidence of signing authority] Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marlon E. Father Medical Center Hardening Page 42 O G�' PART V EXHIBITS EXHIBIT A INSURANCE 13EQUH2EMENTS SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Wmkers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage, DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance requited in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the buildings) or stt•ucture(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements ofthe Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under Collier Health Semices, Inc. dba Healthcare Network MIT22-001 Marion E. Fether Medical Center Hardening Page 43 O G�' the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 44Q 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. Properly 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. l 1. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the fill) replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A, Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fether Medical Center Hardening Page 44 O G�' EXHIBIT B COLLIER COUNTY COMMUNITY &HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier Health Services, Inc. dba Healthcare Network SUBRECIPIENT Address: 1454 Madison Ave. W., Immokalee, FL 34142 Project Name: Marion E. Fether Medical Center Hardening Project No: MIT22-001 _ Payment Request # Total Payment Minus Retainage Period of Availability: _ tluough Period For which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ 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 SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signahlrre 'Title Authorizing Grant Coordinator Supervisor (Approval required $14,999 and below) Collier Health Services, hm. dba Healthcare Nehvork MIT22-001 Marion E. Fether Medical Center Hardening Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 45 AQ m U a .0 u M d W 'o L a �b o� Fw u L � O J7 q 0 w q o .. H 0 H o� za v w a a � d o a� 'G z � a 0 a q C A p, eu p Or a aui d a x ra xo U � � q 0 v 7 W m A O 0 u p u 0 v o a �0 Wwa w v a.d W�a W U ci A q w u a d U .Q q .p ro v 0 0 w" N A �v bow wfl vv A a 0 fl G z x 2 �F o U�� 8 z ei F Ron Mantis GOVERNOR :)E FLORIDA DEPARTMENT of ECONOMIC OPPORTUNITY EXHIBIT E CBDG-MIT Grant Monthly Progress Report llane Eagle SECRETARY Grant No. - Sub. Name: Project Title: Funding Awarded: Agreement Period: Primary Points of Contact Information: Grant Manager name GM Phone # / GM email DEO - Office of Long -Term Resilient Primary project manager Phone# / Email Title Activity Reporting Period: Month Year An update of this report shall be submitted to DEO ten (10) calendar days after the end of each month. Section One - Financial Data: Amount Funds used this period Funds used to date Balance Remaining Leverage Funds (A) CDBG-MIT Funds (B) TOTAL Project Funds (A+B) Section Two -Accomplishments within the Past Month: Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marlon E. Fether Medical Center Hardening Section Three - Issues or risks that have been faced with resolutions: Section Four - Projected activities to be completed within the following Month: Section Five - Required Submissions: :• Attachment B - Project Budget ➢ Has the Project Budget changed? ➢ If answered "Yes'; please submit the RevisedAttachme&B, Yes ❑ No ❑ C• Attachment C - Activity Work Plan ➢ Has the Activity Work Plan changed? ➢ If answered "Yes; please submit the Rev/sedAttachmentC. Yes ❑ No ❑ :• Timeline (Milestones) for Implementation ➢ Has the Timeline changed? ➢ If answered "Yes'please submit the Detailed 77mellne Yes ❑ No ❑ (Mllestones). to Staffing Plan ➢ Were there any Staffing changes? ➢ If answered "Yes; please submit the Revlsed Staffing Plan which will include the Revised Org Chart and Updated names and Job descr/ptlons, Yes ❑ No ❑ :• Equipment Transfer/Disposal ➢ Were there Equipment Transferred/Disposed? ➢ If answered "Yes; please request a copy of the Equipment Transfer/Disposal Form and disposition instructions from your grant Manager. Complete and submit the Equipment Yes ❑ No ❑ Transfer/Disposal farm. This report was prepared by: Signature and date: Collier Health Services, Inc. dba Healthcare Network MIT22-0OS Marion E. Fether Medical Center Hardening Page 51 Rebd Rebuild Florida. gov Floruilida 1 / EXHIBIT F CONTRACTORS' MONTHLY COMPLIANCE FORM —SECTION 3 Every month, Contractor and all subcontractors) must sign, date, and deliver this form to the Grant Coordinator. Project Name Project Location For the Month of I. Hiring ❑ I have NOT hired any new employees during the month specified. ❑ I have hired _Section 3 employees, and/or _non -Section 3 employees during the month. II. Recruitment ❑ I have advertised to fill vacancy(ies) at the site(s) where work is taking place, in connection with this project. Below, I have checked the steps I have taken to find Section 3 low-income residents, from the targeted groups and neighborhoods, to fill any vacancies. ❑ Placed signs or posters in prominent places at project site(s). ❑ Taken photographs of the above item to document that the above step was carried out. ❑ Distributed employment flyers to the administrative office of the local Public Housing Authority. ❑ Kept a log of all applicants and indicated reasons why Section 3 residents who applied were not hired. ❑ Retained copies of any employment applications completed by Section 3 residents. III. Verification ❑ I have attached proof of all checked items. I hereby certify that the above information is true and correct. Date Signature _ Title Business D EO FLORIDA DEPARTMENT4 ECONOMIC OPPORTUNITY Florida Department of Ewnomlc Opportunity I Caldwell Bulltling 1107 E. Madison Street � Tallahassee, FL 32388 850.245.7105 i An equal oppodunity employer/program. Auxiliary aids and aervice are available upon request to Intlividuals with disabilities. All voice telephone numbers on This document may be reached by persons using T7Y/TTD equipment via the Florida Relay Service at 711. Collier Health Services, Inc. dba Healthcare Network MI722-001 Marion E. Father Medical Center Hardening �Y GQ,O ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200,332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subreciplent Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY 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 OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented, Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title Collier Health Services, Inc. dba Healthcare Nehvork MIT22-001 Marion E. Fether Medical Center Hardening Page 53 Op Ron DeSantis DEO GOVERNOR FLORIDA DEPARTMENTef ECONOMIC OPPORTUNITY EXHIBIT H CDBG-MIT QUARTERLY PROGRAM REPORT Dane Eagle SECRETARY Grant No. - Sub. Name: Project Title: Funding Awarded: Agreement Period: Primary Points of Contact Information: Grant Manager name GM Phone # / GM email DEO - Office of Long -Term Resilient Primary project Phone# / Email Title manager IF Activity Reporting Period: QUARTER YEAR An update of this report shall be submitted to DEO ten (10) calendar days after the end of each month. Section One - Financial Data: Amount Funds used this period Funds used to date Balance Remain in Leverage Funds (A) CDBG-MIT Funds (B) TOTAL Project Funds (A+B) Section Two - Accomplishments within the Past Quarter: Section Three - Issues or risks that have been faced with resolutions: Collier Health Services, Inc. dba Healthcare Nehvork MIT22-001 Marion E. Fether Medical Center Hardening Page 54 Section Four — Projected activities to be completed within the following Quarter: Section Five — Required Submissions (Attachments - A(3)(M), D(18), E(5), F) ❖ Staffing Plan ➢ Were there any Staffing changes since last Quarter? If answered "Yes'; please submit the Updated Org. Chart, Yes ❑ No El .• Fair Housing (Attachment F) ➢ Do you Certify that Subrecipient Name will "affirmatively This is a further fair housing" in its community? condition for Yes El receipt of ➢ Submit with this Reports copy of the Sureclpients fair housing resolution or ordinance. CDBG-MIT ➢ Submit, in the box below, the name and contactInformation funds. of the Subredpient's Fair Housing Coordinator. ❑ ➢ Provide a copy of the published Fair Housing Coordinators contact information from the newspaper where listed OR provide, in the box below, the email address for the home page of the Subrecipients website. ❑ ➢ Establish a system (spreadsheet) to log all fair housing calls and submit to DEO GM on a quarterly basis. ➢ Submit to DEO GM support documentation (as proof) for fair housing activities conducted each quarter. ❑ ➢ Submit to DEO GM a copy of the fair housing poster displayed in the Subrecipients office each quarter. Subrecipient shall document its fair housing activities by keeping photographs, newspaper articles, sign -in sheets and copies of handouts in their CDBG-MIT project file and include information about the activities in the comment section of each QPR. ❑ El Collier Health Services, Inc. dba Healthcare Nehrork MIT22-001 Marion E. Fether Medical Center Hardening Page 55 ➢ Name and contact information of Subrecipient's Fair Housing Coordinator: ➢ Email address for the Subrecipient's website home page. Equal Employment Opportunity (EEO) (Attachment F) ➢ Do you Certify that Subrecipient Name and the contractors, Yes ❑ This is a subcontractors, subrecipients and consultants that it hires with condition for CDBG-MIT funds will abide by the Equal Employment receipt of Opportunity (EEO) Laws of the United States.? CDBG-MIT ➢ Submit with this Report a copy of the Surecipients EEO funds. resolution or ordinance. ➢ Submit, in the box below, the name and contact Informat/on of the EEO Coordinator. ➢ Provide a copy of the published EEO Coordinator's contact El information from the newspaper where listed OR provide, in the box below, the email address for the Subredpients website home page. ➢ Establish a system (spreadsheet) to log all EEO calls and submit to DEO GM on a quarterly basis. ➢ Submit to DEO GM the list of certified minority -owned business enterprises (MBE) and women -owned business enterprises (WBE) that the Subrecipient uses to solicit bids on CDBG-MIT funded construction activities. ➢ The Subrecipient will keep all EEO information in their CDBG- MIT project file as well as submitting the information on a quarterly basis in the QPR, ➢ Name and contact information of Subrecipient's EEO Coordinator: Email address for the home page of the Sub - Recipient's website. Collier Health Services, Inc. dba Healthcare Network MIT22-001 Marion E. Fether Medical Center Hardening Page 56 Section 504 and the Americans with Disabilities Act (ADA) (Attachment F) ➢ Do you Certify that Subrecipient Name provides access to all federally funded activities to all individuals, regardless of handicap? ➢ Submit with this Report copy of the Subreclp/ents Section ❑ 504/ADA resolution or ordinance. ➢ Submit, in the boxbelow, the name and contactInformation ❑ of the Section 504/ADA Coordinator. ➢ Provide a copy of the pubiished Section 504/ADA Coordinators ❑ contact information from the newspaper where listed OR provide, In the box below, the email address for the Subrecipient website home page. ➢ Establish a system (spreadsheet) to log all Section 504/ADA calls ❑ and submit to DEO GM on a quarterly basis. ➢ The Subrecipient wi// keep ail Section 5D4/ADA information in their CDBG-MIT project file as well as submitting the information on a ouarterly basis in the OPR. ➢ Name and contact information of Subrecipient's Section 504/ADA Coordinator: ➢ Email address for the home page of the Sub -Recipient's website. •:• Section 3 (Attachments F, G(b)) YES ❑ ➢ Did Subrecipient Name and the contractors, subcontractors, Yes ❑ subrecipients and consultants that it hires, hire qualified low - and moderate -income residents for any job openings that exist on CDBG-MIT-funded projects in the community? If answered "Yes'; please submit a report addressing the fo/%wing: • The total number of labor hours worked. ❑ • The total number of labor hours worked by Section 3 ❑ workers. • The total number of labor hours worked by Targeted Section ❑ 3 workers ➢ If Section 3 benchmarks are not met the subrecipient's qualitative efforts must be reported in a manner required by 24 CFR §75.25(b). This is a condition for receipt of CDBG-MIT funds. No ❑ Collier Health Services, Inc. dba Healthcare Nehvork MIT22-001 Marion E. Fether Medlcal Center Hardening Page 57 C :• Construction Documentation (If construction is part of the Project) ➢ Is FULL Environmental Review completed and Approved? ❑ ➢ if answered "Yes'please take photographs or video of all Yes No ❑ activity locations a for to Initiating any construction and submit with your QPR. As the construction progresses, additional photography or videography shall document the onoolno improvements and be submitted quarterly. :• Equipment Tracking (if Construction is part of the Project) ➢ Any Equipment purchased specifically for this project? Yes ❑ No ❑ ➢ if answered "Yes, please submit an up-to-date Equipment Inventory Tracking Log listing the current equipment inventory, equipment service dates, etcc for monitoring purposes. Estimated construction start date MM/DD/YYYY :• Estimated expenditure start date MM/DD/YYYY ➢ Date Sub, is estimating submission of Ist Invoice to DEO. This report was prepared by: Signature and date: Collier Health Services, Inc. dba Healthcare Nehrork MIT22-Onl Marion E. Fether Medical Center Hardening Page 58