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Agenda 03/14/2023 Item #16D8 (Distribute funds under the American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds)
16.D.8 03/14/2023 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to ratify Subrecipient Agreements and all amendments signed by the County Manager under the Local Fiscal Recovery Fund Grant to distribute reimbursement for expenses to eligible parties; approve the extension of time -limited personnel to carry out the remaining funded projects. OBJECTIVE: To distribute funds under the American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds to residents and services in Collier County. CONSIDERATION: Congress passed the American Rescue Plan Act of 2021 (ARP) and it was signed into law on March 11, 2021. Included in the legislation was a $350 billion State and Local Fiscal Recovery Fund of which Collier County has received an allocation of $74,762,701. The use of the funds has been directed by the local government body, following US Treasury guidance. Allowable uses outlined in the ARP include: • To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality. • To respond to workers performing essential work during the public health emergency by providing premium pay to eligible workers. • For the provision of government services to the extent of the reduction in revenue due to the public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and • To make necessary investments in water, sewer, or broadband infrastructure. On May 11, 2021, the Board of County Commissioners (Board) approved Agenda Item #I IJ, an "After -the -Fact" agreement submitted to the U.S. Treasury. On June 22, 2021, Agenda Item #11H, staff presented a preliminary performance plan to the Board. This preliminary performance plan was based on the interim final rule published by the US Treasury. Subsequently, on January 6, 2022, the US Treasury published the final rule and made significant programmatic and regulatory changes that took effect on April 1, 2022. On March 22, 2022, Agenda Item #16137, staff submitted Amendment #5 of the Plan to the Board that included changes to funding allocations based upon the US Treasury Final rule. On July 12, 2022, Agenda Item #16137, the Board approved Amendment #6 and the preliminary Year 2 performance report to allow staff to submit the report timely to the US Treasury. On January 10, 2023, Agenda Item #16D2, the Board approved Amendment #7 of the Plan that included the reallocation of funds based upon the US Treasury Final Rule. The following executed subrecipients agreements and corresponding amendments approved by the County manager require ratification approval by the Board which will expedite the payment approval process. Subrecipient Name Sub Award Beginning Date Ending Date Award Amount DLC-David Lawrence Center ARP21-02 07/01/2021 06/30/2024 5,500,000 Legal Aid Service ARP21-03 03/01/2022 12/31/2024 425,532 Packet Pg. 855 16.D.8 03/14/2023 Physician Led Access Network of Collier County (PLAN) ARP21-13 10/01/2021 09/30/2023 100,000 Florida Gulf Coast University (FGCU) ARP21-14 01/01/2022 12/31/2026 600,000 Meals of Hope ARP21-15 01/01/2022 12/31/2023 175,000 Housing Development Corporation of SW FL - HELP ARP21-19 02/01/2022 12/31/2024 295,000 Housing Development Corporation of SW FL - HELP ARP21-19.01 02/01/2022 12/31/2024 - Community Foundation of Collier County ARP21-22 07/01/2022 06/30/2024 1,500,000 The current staff members identified by position code require time extensions in order to oversee and administer the administrative, accounting, programmatic, application processing, and monitoring of Local Fiscal Recovery Fund projects. These positions will assist in the final closeout of the grant and all associated subrecipient activities that will end on or before 12/31/26. Position Code Position Name Current Time I I Limit Date 50036750 I Grants Coordinator I 109/30/25 50036751 I Accountant I 19/30/25 50034600 I Grants Coordinator 1 106/22/23 50034602 I Grants Support Specialist 1 106/22/23 50034604 I Grants Support Specialist 1 106/22/23 Proposed Time I Pay Grade Limit Date 3/31/27 I CCG255 3/31/27 I CCG254 3/31/27 I CCG255 3./31/27 I CCG247 3/31/27 I CCG247 FISCAL IMPACT: Funding has been made available within the Community & Human Service Housing Grant Fund (705) Project 33765. Staff will distribute funds for eligible expenditures in accordance with Board -approved policy. Any expenses incurred by the County and associated with the administration of this agreement, including requested full-time employees, will be accounted for, and are expected to be fully reimbursable under the grant. Collier County received its initial appropriation of $37,381,350.50 on June 10, 2021. The remaining fifty percent (50%) appropriation of $37,381,350.50 was received on June 16, 2022, for a total of $74,762,701. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -DDP RECOMMENDATION: To ratify Subrecipient Agreements and all amendments signed by the County Manager under the Local Fiscal Recovery Fund Grant to distribute reimbursement for expenses to eligible parties; approve the extension of time -limited personnel to carry out the remaining funded projects. Prepared By: Maggie Lopez, Acting Director, Community & Human Services Division ATTACHMENT(S) 1. AGRMT 2022 02-11 FGCU ARP (PDF) 2. AGRMT 2022 02-25 MEALS OF HOPE INC ARP (PDF) 3. AGRMT 2022 03-23 PHYSICIAN LED ACCESS NETWORK ARP (PDF) 4. AGRMT 2022 04-20 DAVID LAWRENCE MENTAL HEALTH ARP (PDF) Packet Pg. 856 16.D.8 03/14/2023 5. AGRMT 2022 09-12 COMMUNITY FOUNDATION ASSISTANCE TO NONPROFITS ARP (PDF) 6. AGRMT 2022 03-16 HELP —ARP (PDF) 7. AGRMT 2022 03-23 LEGAL AID ARP (PDF) 8. AGRMT 2022 12_08 HELP —ARP AMENDMENT O1 (PDF) Packet Pg. 857 16.D.8 03/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.8 Doc ID: 24812 Item Summary: Recommendation for the Board of County Commissioners to ratify Subrecipient Agreements and all amendments signed by the County Manager under the Local Fiscal Recovery Fund Grant to distribute reimbursement for expenses to eligible parties; approve the extension of time -limited personnel to carry out the remaining funded projects. Meeting Date: 03/14/2023 Prepared by: Title: Manager- Financial & Operational Support — Community & Human Services Name: Maggie Lopez 03/02/2023 9:40 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 03/02/2023 9:40 AM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Operations & Veteran Services Jeff Newman Additional Reviewer Public Services Department Todd Henry PSD Level 1 Reviewer Grants Erica Robinson Level 2 Grants Review Public Services Department Tanya Williams PSD Department Head Review County Attorney's Office Derek D. Perry Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Grants Therese Stanley Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Community & Human Services Maggie Lopez Additional Reviewer Corporate Compliance and Continuous Improvement Megan Gaillard Office of Management and Budget Christopher Johnson Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 03/02/2023 10:04 AM Completed 03/02/2023 11:24 AM Completed 03/02/2023 12:40 PM Completed 03/02/2023 2:39 PM Completed 03/02/2023 4:46 PM Completed 03/06/2023 4:22 PM Completed 03/07/2023 8:52 AM Completed 03/07/2023 10:45 AM Completed 03/07/2023 11:22 AM Completed 03/07/2023 1:57 PM Additional Reviewer Completed 03/07/2023 4:32 PM Completed 03/08/2023 9:56 AM Completed 03/08/2023 10:14 AM 03/14/2023 9:00 AM Packet Pg. 858 16.D.8.a GCf362240_2 FAIN 1t SLT-1155 Federal Award Date March 1 12021 Federal Award A enc Department of Treasury ALN Name Coronavirus Local Fiscal Recove Fund ALN N 21.027 US Treasury Expenditure Category EC-7 Collier County Recovery Plan Project Number CC 3.5 Total Amount of Federal Funds Awarded $600,000.00 SUB RECIPIENT Name Florida Gulf Coast University Board of Trustees DUNSf# 834477051 FEIN 65-0753801 R&D No Indirect Cost Rate No Period of Performance January I, 2022 -- December 31, 2026 Fiscal Year End June 30 Monitor End: 038112027 AGREEMENT BETWEEN COLLIER COUNTY v AND ` N FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES tL American Rescue flan (ARP) Act Q Coronavirus Local Fiscal Recovery Fund LL C9 b THIS AGREEMENT is made and entered into this 20.W, � � clay of b� y and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at N 3339 E Tamiami Trail, Naples FL 34112, and Florida Gulf Coast University Board of Trustees (FGCU), c (SUBRECIPIENT), having its principal office at 10501 FGCU Blvd S, Fort Myers, FL 33965. N WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed into law on March 11, 2021. Included in the legislation was $350 billion Coronavirus State and Local Fiscal Recovery Fund; and WHEREAS, the COUNTY has entered into an Agreement with the United States Treasury Department (Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP), pursuant to the Coronavirus State and Local Fiscal Recovery Fund (SLFRF), Section 603 (c) of the Social Security Act; and WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities to assist the community in navigating the impact of the COVID-19 outbreak; and FLORIDA GULF COAST UNIVERSITY BOARD Or TRUS'I'M AM1-14 FGCU Evaluation of the Collier Coanty Recovery Plan —American RcKue Plan �d V 16. D.8.a GC662240 2 WHEREAS, the SUBRECiPIENT has applied for and, based on the information provided by the SUBRECIMENT, is qualified to receive Program funding; and WHEREAS, the COUNTY has created a Recovery Plan in accordance with federal guidelines, which includes Goals, Expenditure Categories, Evidence -basis, and Key performance Indicators (KPI) that impact the present project; and WHEREAS, the COUNTY and the SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking of the American Rescue Plan (ARP) project. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a Grant to the SUBRECIP[ENT upon and subject to all general conditions, terms, covenants, and agreements herein set forth. PART 1 SCOPE OF WORK The SUBRGCIPIENT shall, in accordance with the Collier County Recovery Plan, which is the official COUNTY document guiding the use of funds, intended goals, and measurement of impact, perform the tasks necessary to conduct the program as follows: Project Name: FGCU Evaluation of the Collier County Recovery Plan - American Rescue Plan a Description of project and outcome: FGCU will perform various levels of evaluation (formative, Q summative, etc.) involving qualitative and quantitative methodology to analyze project activities and Key Performance Indicators (KP[s) in programmatic areas and expenditure categories as U defined in the Collier County Recovery Plan 2021 Performance Report (as amended) submitted to LL the U.S. Department of Treasury. Project Component One: FGCU, as evaluator, will submit quarterly milestone reports to Collier County to determine the impact and degree to which American Rescue Plan subrecipients are achieving output and outcome KPIs. US Treasury Expenditure Category: EC-7 Collier County Recovery Plan Project Number: CC 3.5 Evidence Basis: NIA Project Component Two: FGCU, as evaluator, will submit annual performance data reports to Collier County to measure and evaluate American Rescue Plan projects and output and outcome KPIs. US Treasury Expenditure Category: EC-7 Collier County Recovery Plan Project Number: CC 3.5 Evidence Basis: N/A FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARP21.14 FGCU Evaluation of the Collier County Recovery Plan — American Rescue Plan 0. V 16. D.8.a GC66224o_2 Project Component Three: FGCU, as evaluator, will submit a final project evaluation report to Collier County to determine the impact and degree to which American Rescue Plan subrecipients achieved output and outcome KPis. US Treasury Expenditure Category: (EC-71 Collier County Recovery Plan Project Number: [CC 15] Evidence Basis: NIA Project Tasks: a. Task 1: Perform various levels of evaluation to analyze project activities, and Key Performance Indicators (KPIs), outcomes and outputs. b. Task 2: Prepare and submit quarterly milestone reports, annual performance data reports and a final project evaluation report. c. 'task 3; Provide training and support as requested to subrecipients or County divisions on ARP Key Performance Indicators (KPis), outcomes and outputs. 2. ARP Documentation Requirements Compliance Criteria: A. Activities carried out with funds provided under this Agreement will contribute to a program designed to: a, Support urgent COVID-I9 response efforts to continue to decrease spread of 00 the virus and bring the pandemic under control. b. Support immediate economic stabilization for households and businesses. a c. Address systemic public health and economic challenges thathave contributed Q to the inequal impact of the pandemic. d. Document key performance indicators allocated to evidence -based U interventions to include both output and outcome measures. LL B. Evidence -Based Evidence -based interventions is a Treasury policy that pertains to projects within US Treasury Expenditure Categories 1, 2, and 3. IfSUBRECIPIENT's project falls within this category, SUBRECIPIENT shall identify an evidence base for the overall project, or if activities are disparate, each activity. Evidence -based refers to studies of similar projects that evaluate whether a strong or moderate connection exists between project activities and desired outcomes. For further information on Evidence -Based, please refer to page 33 of the Treasury Compliance and Reporting Guidance: httns:h'home.treasurv.pov/system/files/ 136/SLF'RF-Comliance-and-Renortint;- Guidance.ndf 1.1 GRANT AND SPECIAL, CONDITIONS Performance under this Agreement is subject to 2 CPR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The obligation of the COUNTY to make the Grant is subject to the following conditions precedent. FLORIDA GULF COAST LINIVERSITNr BOARD OF 'TRUSTEES ARP2144 F(;CU Evaluation or the Collier County Recovery Plan — American Rescue Plan 0V') 16. D.8.a GC662240_2 A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to Collier County Community and human Services (CHS) for approval a detailed project schedule for the completion of the project. B. The following checked policies must be submitled within sixty (60) days of execution of this Agreement: ❑ Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Davis -Bacon Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy Section 3 Policy Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy Limited English Proficiency Policy (LErP) ® Violence Against Women Act (VAWA) Policy �j LGBTQ Policy C. Annual SUBRECIPIENT Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend all CHS-offered Subrecipient training, relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3) sessions. 1,2 PROJECT OrTAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: FGCU, as evaluator, will submit $420,000.00(payable in 20 equal quarterly milestone reports to Collier County to determine installments $21,000 upon submission) the impact and degree to which American Rescue Plan subrecipients are achieving output and outcome KPIs as provided by US Treasury. US Treasury Expenditum Category*: EC-7 Collier County Recovery Plan Project Number: CC 3.5 Project Componcnt 2: FGCU, as evaluator, will submit $150,000.00(payable in 5 equal annual performance data reports to Collier County to installments $30,000 upon submission) measure and evaluate American Rescue Plan projects, output and outcome KPis as provided by US Treasury. US Treasury Expenditure Category*; EC-7 Collier County Recovery Plan Project Number: CC 3.5 Project Component 3: FGCU, as evaluator, will submit a $ 30,000.00 (payable 1 time upon final project evaluation report to Collier County to determine submission) the impact and degree to which American Rescue Plan FLORMA GULFCOASTUNIVERSITY BOARD Of TRUSTEES ARP21-14 FGCU Evaluation or the Cotner County Recovcry Plan -- American Rescue Plan OpJ a a U C9 LL 16. D.8.a GC662240_2 subrecipients achieved output and outcome KPIs as provided by US Treasury. US TreasuLy Expenditure Category*: EC-7 Collier County Recovery Plan Pro'oct Number: CC 3.5 Total Federal Funds; $600,000.00 * Expenditure Categories are subject to change based on future guidance from the U.S. Treasury Department. I f that occurs, additional reporting requirements may be necessary. The SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain documentation of services to persons/business in Qualified Census Tract ® Maintain documentation of Evidenced -Based Programming including performance outcomes and output ® Maintain COVID documentation ❑ Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation ❑ Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide Quarterly project progress reports ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation Identify .Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of l.l)__ Agree Aegienel(Section, on Insurance Insurance Certificate (Exhibit A) Within thirty (30) days of Agreement execution and Annually within thirty (30) days of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of Agreement execution Project Plans and Specifications N/A NIA Subcontractor Log N/A NIA Davis -Bacon Act Certified N/A NIA Pavrol I Quarterly Milestone Report Exhibit C Quarterly, due 10'h of the month following end of the quarter. Annual Audit Monitoring Exhibit D Within sixty (60) days of Fiscal Report Year (FY) End Financial and Compliance Audit Audit, Management Letter Annually: nine (9) months after FY ettd for Single Audit OR one FLOWI GULF COAST UN VERSITY BOARD QF TRUSTEES ARt -14 FGCU Evaluation o€the Collier County Recovery Plan— Amcam Rescue Plan `yq ✓ a Q U C9 LL 2.D.8.a1 GC66224p 2 hundred eighty (Igo) days after FY end Program Income Reuse Plan NIA N/A C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component I: FGCU, as Submission of quarterly milestone reports Submission of evaluator, will submit quarterly along with quarterly payment requests quarterly invoices due milestone reports to Collier (Exhibit B) and any additional by the 10't' of the County to determine the impact documentation as requested. month following the and degree to which American quarter end. Rescue Plan subrecipients are 10% retainage will be held from final achieving output and outcome 2026 quarterly pay request until final KPls as provided by US monitoring clearance. Treasury. US "Treasury Expenditure Category: EC-7 Collier County Recovery Plan Proiect Number: CC 3.5 Project Component 2; FGCU, as Submission of annual performance data Submission of annual evaluator, will submit annual reports along with annual payment invoices due by the performance data reports to requests (Exhibit 8) and any additional I SO' of the month Collier County to measure and documentation as requested. following the year evaluate American Rescue Plan end. projects and output and outcome 10% retainage will be held from final KPls as provided by US annual 2026 pay request until final Treasury. monitoring clearance. US Treasury Expenditure Category: EC-7 Collier County Recovery Platt Project Number: CC 3.5 Project Component 3: FGCU, as Submission of final project evaluation Submission of final evaluator, will submit a final report along with the final project invoice due by the project evaluation report to evaluation payment request (Exhibit B) 156 of the month Collier County to determine the and any additional documentation as following the project impact and degree to which requested. end. American Rescue Plan subrecipients achieved output and outcome KPIs as provided by US Treasury. US Treasury Expenditure Category: [EC-7] Collier County Recovery Plan Project Number: CC 3.5 HARIDA GULF COAST UNIVERSITY BOARD OF TRUST'EFS ARP21 •ta FGCU Evaluation or the Collier County Recovery Plan -- American Rescue Plan Z4`3 a IY Q U C9 LL 16. D.8.a GC662240m2 1.3 PERIOD OF PERFORMANCE The SURRECIPIENT services shall start on January 1, 2022, retroactively in accordance with ARP and Coronavirus Local Fiscal Recovery Appropriation language, and shall end on December 31, 2026 unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E — Cost Principles and Section 215.97(I)(d) Florida Statutes, the SUBRECIPIENT, may expend funds authorized by this Agreement, only for allowable costs resulting from obligations incurred during the specific agreement period. If the SUBRECIPIENT complies with all requirements set forth herein, this Agreement shall terminate December 31, 2026, whereupon all obligations of the SUBRE-CIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its rights to recover any damages arising from or relating the SUBRECIPIENT's breach of any of the Grant Documents, including but not limited to this Agreement and/or any attachments hereto which occurred in whale or in part before said termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available SIX HUNDRED THOUSAND DOLLARS and ZERO CENTS ($600,000.00) f'or use by the SUBRFCIP1ENT during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). SUBRECIPIENT may use funds only for expenses eligible under Section 603(c) of the Social Security Act, specifically the Coronavirus Local Fiscal Recovery Fund, and further outlined is US Treasury Guidance. The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to cover expenses that: A. Were incurred during the period that begins on January 1, 2022 and ends on December 31, 2026. Funds must qualify as a necessary expenditure incurred due to the public health emergency and meet the othercriteria of Section 603(c)of the Social Security Act. B. Examples of eligible expenses include, but are not limited to: i. Responding to or mitigating the public health emergency with respect to the COVID-19 emergency or its negative economic Impacts; and ii. Providing government services to the extent of the reduction in revenue; and iii. Making necessary investments in water, sewer, or broadband infrastructure; and iv. Responding to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible COUNTY workers that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work. Modification to the "Budget and Scope" may only be made if approved in advance by COUNTY. Budgeted fund shifis among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with County Manager approval. The COUNTY shall reimburse the SUBRECIPIENT for the performance ofthis Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ARP funds until funds are needed for eligible FLORIDA GULF COAST UN VERSII)' BOARD OF TRUSTERS ARPz1.14 FGCU Evaluation oithe Collies County Recovery Plan —American Rescue Plan IL Q U 0 LL ova Packet Pg. 865 16. D.8.a GC662240_2 costs, and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred from January 1, 2022 through December 31. 2026. Invoices for work performed are required every month. If no work has been performed during that month, or if (lie SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT falls to perform the minimum level of service required by this Agreement. Final invoices are due no later than ninety (90) days after the end of the Agreement, Work performed during the term of the program but not invoiced within ninety (90) days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement, Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and to all applicable Local, State, or Federal requirements. Reimbursements will only be made for LL expenditures that the COUNTY provisionally determines are eligible under the ARP. However, the LL COUNTY's provisional determination that an expenditure is eligible does not relieve the -J SUBRECIPIENT of its duty to repay the COUNTY For any expenditures that are later determined by the COUNTY or Federal government to be ineligible. Except where disputed for N noncompliance, payment will be made upon receipt of a properly completed invoice and in oo compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." a 1.5 COST PRINCIPLES Q U Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost (� allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section LL (Section 1.5-Cost Principles)ofthis Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for c reimbursement shall identify the associated project and approved project task(s) listed under this N Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed N 0 specifically to the project(s) referenced above, as defined in 2 CFR 200, 413. The SUBRECIPIENT N must provide adequate documentation for validating costs incurred, Payments to SUBRECIPIENT contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT and Q Contractors shall comply with 2 CFR Subpart E-Cost Principles, 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or tither electronic means. Either party may change the address to which notices are to be sent to it by giving written notice of such change to the other parting in the manner hereinprovided forgiving notice. Any notice, request, instruction, or other document delivered or sent as aforesaid shall be effective on the date ofdelivery or sending. All notices and other written communications under this Agreement shall be addressed to the FLORIDA GULF COAST UNEVERSITY BOARD OF TRUSTEES ARP21,14 Focu Cvaimi,on orthe Collier County Recovery Plan — AtAvican Rescue Plan -40 0 16. D.8.a GC662240_2 individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION -.Tracey Smith, Grant Coordinator Collier County Community and Human Services Division 3339 E Tamiami Trail, Suite 213 Naples, Florida 34112 Email: Tracey. Smith@colliercounty(Lgov Telephone: (239) 252-1428 SUBRECIPIENT ATTENTION: James Casey, Interim Associate Vice President, Research Administration Florida Gulf Coast University Board o(Trustees 10501 FGCU Blvd S Ft. Myers, Florida 33965 Email: joasey@fgcu,edu Telephone: (239) 590-7021 Remainder of Page Intentionally Left Blank FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARP21.14 FGCU Evaluation of the Collier County Recovery Plan —American Re,= Plan 16. D.8.a GC662240_2 PART 11 GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available for review, inspection, or audit, all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must clear any deficiencies noted in audit reports must within 30 days after receipt of the report. Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPI ENTshall maintain sufficient records, in accordance with 2 CFR 200.334, Section 602(c) of the Social Security Act, and Section 1 19421, Florida Statutes, to determine compliance with the requirements of this Agreement, the ARP Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by ARP regulations. a B. SUBRECIPIENT agrees to execute such further documents as may be required by law or Q prepared by the COUNTY to confirm SUBRECIPIENT's Agreement. U C9 C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily LL would be required by the COUNTY in order to perform the service. D. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this Agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or Cl IS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and property reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including thatching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions ofthis Agreement. E. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of FLORIDA GULF COAST UNIVERSITY 130ARD OF TRUSTEES ARM-14 FGCU Era#cation of the Conier County Recovery Man —A mtrican Rescuc Plan 1.0 16. D.8.a GC662240.2 submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, and all funds have been expended, unless any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. if a SUBRECIPIENT ceases to exist after the closeout ofthis Agreement, the COUNTY shall be informed, in writing, of the address where the records are to be kept, as outlined in 2 CFR 200,337. The SUBRFCIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt and/or confidential public records that and released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNT'Y's information technology systems. IF SUBRECIPIENT HAS {QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael. Cox akcolliercounttyfl,govt 3299 Tamiami Trail E, Naples FL 34112. F_ SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not N exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. 00 SUBRECIPIENT shall ensure that exempt and/or confidential public records that are released from public records disclosure requirements are not disclosed except as aulhorixed a by 2 CFR 200.337 and 2 CFR 200.338, Q G. Notwithstanding any provision in the Grant Documents to the contrary, the U SUBRECIPIENT agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder or under any other Grant Document, or any inaccuracy therein or LL incompleteness thereof, shall not in any way alter or affect the absolute and unconditional obligation of the SUBRECIPIENT to pay and perform, in full, the obligations set forth c hereunder, but any action taken or not taken by the SUBRECIPIENT as a direct result of N such lack or delay of notice, or of the SUBRECIPIENT's good faith reliance upon a c material inaccuracy therein or the material incompleteness thereof, as the case may be, N shall not in and of itself, and to the extent thereof, constitute an Event of Default hereunder, ~ so long as the SUBRECIPIENT does not otherwise have or receive notice or knowledge of the material contents or substance of such notice, or of the intended substance of any Q inaccurate or incomplete notice, as the case may be, and the SUBRECIPIENT acts, at all times, in good faith, c 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end. in addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty,(180),da s for .......... FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARP21 • l4 FGCU Evataalion orihe Collie County Recovery Plan — AmtEcan Rescue Plan 11 O G7 16. D.8.a G0662240 2 Subreeipients exempt from Single Audit) after the SUBRECIPIENT's Fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or the Treasury to enable CHS to evaluate said progress and allow for completion of required reports. The SUBRECIPIENT shall allow CHS or the Treasury to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or the Treasury. The COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement further defined by 2 CFR 200,332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement, If corrective action is not taken by the SUBRECIPIENT within a reasonable period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General, the Government Accountability Office, the Florida Auditor General, the COUNTY, the COUNTY's internal auditor(s), or their representatives access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent, 61 detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and a to provide for the proper and effective management of all Program and Fiscal activities of the Ix Q Agreement. SUBRECIPIENT's intemal control systems and all transactions and other significant events shall be clearly documented, and thedocumentation shall be readily available formonitoring U by COUNTY. t9 LL SUBRECIPIENT shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBR) ICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False Claims and Statements, applies to the actions, pertaining to this contract, of the SUBRECIPIENTS and its contractors. SUBRECIPIENT understands that making false statements or claims in connection with this award is in violation of Federal law and may result in criminal, civil, or administrative sanctions including fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards or contracts, and/or any other remedy available by law, SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. FLORMA GULF COAST UNIVERSITY BOARD OF TRUSIFFS A D99 t_Ia 16. D.8.a GC662240_2 In accordance with 41 USC Section 4712, SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition For or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes: a member of Congress or a representative of a committee of Congress; an Inspector General; the Governmental Accountability Office; a Treasury employee responsible for contract or grant oversight or management; an authorized official of the Department of Justice or other law enforcement agency; a court or grant jury; or a management official or other employee of COUNTY, SUBRECIPIENT, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 2.5 DUPLICATION OF BENEFITS In consideration of SUBRECIPIENT's receipt of funds from the COUNTY, the SUBRECIPIENT hereby assigns to the COUNTY all of its future rights to reimbursement and all payments received from any grant, subsidized loan, or insurance policies of any type or coverage, or any reimbursement or relief program related to or administered by the Federal Emergency Management Agency, the Small Business Administration, or any other Federal or State program to the extent that proceeds paid to SUBRECIPIENT underthis Agreement, and determined in the sole discretion of the COUNTY to be a Duplication of Benefits (DOB). This shall be defined as financial assistance available to the SUBRECIPIENT that can be used to pay the costs described under Budgeted Costs for the scope of work described in this Agreement that are to be paid for by this grant. SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from other relief or loan programs for this scope of work, which were not already described in the grant application. If some or all the proceeds are determined to be a DOB, the DOB portion shall be paid to the COUNTY forthwith. 2.6 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS, CHS's policy for escalation for noncompliance is as follows: FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARP21. 4 FGCU Evaluation of the Collies County Recovery Plan — American Rescue Plan 13 a tY Q U C9 LL Packet Pg. 871 GC66224©_2 Initial noncompliance may result in Findings or Concerts being issued to the SUBRECIPIENT, which will require a corrective action plan to be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. + CHS may require upwards of 5 percent of the award amount be relumed to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228. 3. 1 f SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail, the COUNTY may require a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed, be returned to the COUNTY. ■ CIIS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. ■ The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will snake a recommendation to the Board to immediately terminate the contract or Agreement. The SUBRECIPIENT will be required to repay all funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. + The SUBRECIPIENT will he considered in violation of Resolution No. 2013-228. i f the SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARPV-14 FGCU Evaluailon of the Collier Counly Recovery Plan —American Rescue Plan 14 Packet Pg. 872 16. D.8.a GC662240 2 2.7 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified. pursuant to this Agreement, as deemed necessary by the County Manager or designee, During the term of this Agreement, SUBRECIPIENT shall submit quarterly milestone reports to the COUNTY on the I Oth day of January, April, July, and October. As part of the report submitted at the end of the project, the SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, expenditures and expenditure categories, evidence -basis, impact evaluation metrics, and Key Performance Incidators (KPI) defined by SUBRECIPIENT and the Evidence Based and Impact Evaluation Team. Exhibit C contains a reporting form to be used in fulfillment of this requirement. Expenditure Categories are subject to change based on future guidance from the Treasury. If that occurs, additional reporting requirements may be necessary. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. The Federal Guidance for these activities as of August 31, 2021 exists within the "Compliance and Reporting Quidw. State and Local Fiscal Recovers+ Funds." The COUNTY has translated these guidelines into its Recovery Plan, which outlines major Expenditure Categories, Goals, Target Populations Served, and KPIs. SUBRECIPIENT must ensure that the project fulfills the requirements of the Recovery Plan, and may need to work with the Evidence -Base and Impact Evaluation Team to fully define evidence a base, KPIs, and an Impact Evaluation framework. SUBRECIPIENT should consult with the COUNTY's Grant Coordinator to determine the required inputs along these lines. Q SUBRECIPIENT must work with the COUNTY Evaluation and Data Analysis Team to determine sufficient evidence-hase citations for project activities, and to set impact evaluation and key LL performance indicators. Remainder of Page Intentionally Left Blank FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARP21.14 FGCU Evaluation of'the Collier County Recovery Plan - American Rescue Plan 15 16. D.8.a GC662240 2 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. Any assignee shall be bound by all the terms of this assigned documents. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of the ARP, Section 603 (c) of the Social Security Act. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, including the requirement to follow the federal procurement process. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant fiends otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothingcontained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an "Independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. a 3.4 AMENDMENTS Q The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such U amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S governing LL body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. N 0 The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, and available funding amounts, or for other reasons, If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. No modification or waiver of any provision of the Grant Documents, nor consent to any departure by the SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing, and such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No failure or delay on the part of the COUNTY in exercising any right, power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. FLORlr3n QULF COAST UNIVERSITY uOARO OF TRUSTEES ARP21-14 FGCU Gvalm(ion or the Collier Coon y Recovery Plan—Anericao Rescue 1`14n 16 O�� 16. D.8.a GCO62240 2 3,5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from Department of Treasury ARP grant funds, as provided by the Department of Treasury, and must be implemented in full compliance with all of Department of "Treasury rules and regulations and any agreement between COUNTY and the Department of Treasury governing ARP funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, or the reduction of funds awarded by the Department of Treasury to COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the COUNTY may terminate this Agreement, which termination shall be effective as of tltedate that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. The SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned, granted, or assigned to any party and shall in no event be used for any purpose prohibited by the Grant Documents or Regulations. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida taw, the SUBRECIPIENT shall indemnify and hold N harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT Q or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, U invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to LL negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims N and losses of any nature whatsoever in connection therewith and shall defend all suits in the name e of the COUNTY and shall pay all costs and judgments which may issue thereon. This N Indemnification shall survive the termination and/or expiration of this Agreement. This section N 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 IX Section 768,29, Florida Statutes. This section shall survive the expiration of termination of this CD Agreement. Q 3.7 GRANTER RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement; FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARP2i•14 FGCU Evaluation ofthe Collier County Recovery Plan — American Rescue Plan 17 16. D.8.a GC662240_2 "FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY, UNDER FEDERAL AWARD NUMBER 596000558, AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, to the general public. 3.8 DEBARMENT AND SUSPENSION The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, as outlined in OM13 Guidelines to Agencies on governmenlwide Debarment and Suspension (non -procurement), 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part €9. 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such N termination, the effective date, and, in the case of partial terminations, the portion to be terminated. 00 However, if in the case of a partial termination, the COUNTY determines that the remaining portion Fq of the award will not accomplish the purpose for which the award was made, the COUNTY may 9L terminate the award in its entirety. This Agreement may also be terminated if the award no longer Q effectuates the program goals or COUNTY priorities. U C9 The following actions or inactions by SUBRECIPIENT shall constitute a Default under this LL Agreement, in compliance with 2 CFR 200, Appendix P (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and Treasury guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill in a timely and proper manner its obligations under tills Agreement. C. hteffective or improper use of funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. FLORIDA GULF COAST UNIVERSITY HOARD OF TRUSTEES ARP2144 FGCU Evaluation of the Collier County R"oyM Plan —An eriean Rcscue Plan 18 16. D.8.a GCf 62240_2 G. Failure to materially comply with the terms of any other Agreement between the COUNTY and SUBRECIPIENT relating to the project. H. The SUBRECIPIENT assigns this Agreement or any money advanced hereunder or any interest herein, I. Any representation or warranty made herein or in any report, certificate, financial statement, or other instrument furnished in connection with this Agreement or the Grant shall prove to be false in any material respect. E J. If material adverse changes occur in the financial condition of the SUBRECIPIENT at any L time during the Agreement, and the SUBRECIPIENT fails to cure this Adverse condition Q within thirty (30) days from the date written notice is sent by the COUNTY. +, In the everst c m of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any Q combination of one or more of the following remedies in compliance with 2 CFR 200, Appendix a) A. Require specific performance of the Agreement, in whole or in part. to B. ILL Require immediate repayment to the COUNTY of all Grant funds that SUBRECIPIENT LL has received under this Agreement, as set forth in Section 1.4. J to C. Apply sanctions, if determined by the COUNTY to be applicable, 04 T- D. oo Stop all payments, until identified deficiencies are corrected. N E. Terminate this Agreement by giving written notice to SUDRECIPIFNTofsuch termination and specifying the effective date of such termination. if the, Agreement is terminated by the Q COUNTY, as provided herein, SUBRECIPIENTshall have no claim ofpayment or benefit :3 for any incomplete project activities undertaken under this Agreement. LL 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination and any accounts receivable attributable to the use of Treasury funds, per 2 CFR 200.313. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.11 INSURANCE SUBRECIPIENT, as a public body corporate, warrants and represents that it is self -funded for `L liability insurance, with said protection being applicable to officers, employees, servants, and agents while acting within the scope of their employment by SUBRECIPIENT, The DISTRICT and SUBRECIPIENT furtheragree that nothing contained herein shall be construed or interpreted KORIDA GULF COASTUNIVERSITY BOARD OF TRUSTEES ARM-t4 1ti.D.8.a GC662240_2 as()) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the $UBRECIPIENT or the State of Florida or their agents and agencies to be sited; or (3) a waiver of sovereign immunity of the SUBRECIPIENT or of the State of Florida beyond the waiver provided in section 769.23, Florida Statutes. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part 1), the Uniform Administrative Requirements, and Cost Principles and Audit Requirements for Federal Awards (2 CPR 200 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CPR 200.318 through 210,327) and/or Collier County's Procurement Ordinance 92017-08, as amended, as outlined below, The current purchasing thresholds are; Federal Procurement Standards: Range: Method/Competition Requircd $0 - $10 000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding Collier County Procurement Standards - Range,, e,, Competition Required $0 - $SO 000 3 Written Quotes $50 001 + Formal Solicitation ITS, RFP, etc.) a The SUBRECIPIENT shall entercontracts forpurchases with the lowest, responsible, and qualified Q bidder. Contract administration shall be handled by the SUBRI CIPIENT and monitored by CFIS, which shall have access to all records and documents related to the project. U LL In accordance with 2 CPR 200.322, to the greatest extent practicable, SUBRECIPIENT shall r provide a preference for the purchase, acquisition, or use ofgoods, products, or materials produced I in the United States. o 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 CPR 200, Appendix It (J) and 2 CPR 200,323. All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. Contracl administration shall be conducted by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of Trcasuty fonds disbursed under this Agreement, such Program Income shall be utilized by the FmRIOA GULF COAST UN I VFRSITY BOARD OF TRUSTUS ARP21-14 FOCU l valmitun uttheCollier County Recaveay Plan - American Rescue Plan 20 C� Packet Pg. 878 16. D.8.a GC66224a_2 SUBRECIPIENT for ARP -eligible activities, approved by COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by ARP funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CPR 200.307. When program income is generated by an activity that is only partially assisted with ARP funds, the income shall he prorated to reflect the percentage of ARP funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's ARP program, for further reallocation. Purchase of Equipment Equipment under the SUBRECIPIENT's control that was acquired or improved, in whole or in part, with ARP funds shall be used to navigate the impact of the COViD- 19 outbreak, during the term of this Agreement If the purchase of the asset was consistent with tite limitations on the eligible use of funds provided by section 613 (c) of the Social Security Act, the SUBRECIPIENT may retain the asset. If such assets are disposed of prior to December 31, 2026, the proceeds would be subjecl to the restrictions on the eligible use of payments from the Fund provided by section 603 (c) of the Social Security Act. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are LL completed. The SUBRECIPIENT may close out the project with the COUNTY after the expiration LL of tire Agreement. Activities during this closeout period shall include, but are not limited to making -J to final payments, disposing of program assets (including the return of all program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In 04 addition to the records retention outlined in Part 2.2, the SUBRUCIPIENT shall comply with 00 Section 119.02t, Florida Statutes regarding records maintenance, preservation, and retention. A N conflict between state and federal law records retention requirements ,vii] result in the more iL stringent law being applied, such that the record must be held for the longer duration. Any balance Q of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBREC[PIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must LL lake place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by tire performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt orevidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment and eligible business concenis located in or awned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARP21.14 QV `3 FGCU Evaluation of the Collier County Recovery Plan -- American Rescue Plan 21 16. D.8.a GC662240_2 3.17 OPPORTUNITIES FOR SMALL AND MINORI'I'YlWOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terns "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S,C. 632), and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3,18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY'S specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966, as amended. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. An Affirmative Action Program updated during the terns of the Agreement must be submitted to the COUNTY within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner Ix ordegree with the performance of this Agreement, and that no person having any conflict of interest Q shall be employed or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that U it will comply with all Conflict of Interest provisions oft CFR 200.31 R(c), and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. LL The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit the SUBR£CIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing, to CHS provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate - income residents of the project target area. FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES r ARP2I-14 O Y� FOCU Evaluolion of the Collier County Recovery Plan — American Rescue Plan 22 16. D.8.a GC66224©_2 3.20 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not and has not used Federally approprialed funds to pay any person or organization for influencing or attempting to influence the award of federal funds, as covered by 31 USC 1352, as more fully described in Section 4.32 of (his Agreement. Contractors who apply or bid for an award of $100,000 or snore shall file the required certification. 3.21 RELIGIOUS ORGANIZATIONS ARP funds may be used by religious organizations oron property owned by religious organizations only in accordance with requirements set fortis in Executive Order 13279, dated December 12, 2002, as amended. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion and will not limit or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct ARP funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D, The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities, Where a structure is used for both eligible and inherently religious activities, ARP funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ARP funds in this part. Sanctuaries, chapels, or other rooms that an ARP funded religious congregation uses as its principal place of worship, however, are ineligible for ARP funded improvements. 3.22 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3,23 SEVEIiABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof: 3.24 MISCELLANEOUS The SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. FLORIDA GULF COAST UN1VERS[TY BOARD OF TRUSTEES ARPz1-14 FGCU Evaluation of the Collier County Reeoyery Plan —American Rescue Plan Q 23 a Q U 0 LL Packet Pg. 881 16. D.8.a GC662240_2 The SOB RECIP[ENT represents and warrants that the financial data, reports, and other information on the Project it i'urnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effcct to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the Treasury. Electronic Signatures. This Agreement, ancillary to this Agreement, and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Lett Blank PLORIDA GULF COAST t1N IVERSITY BOARD OF TRUSTEES ARP21-14 FGCU Evaluasion of the Collier County Recarery Ptaa —Amer can Rescue Plan 24 Q 16. D.8.a (3C662240 2 PART IV GENERAL PROVISIONS 4.1 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements, tt s://www.ecfr. ov/c i-bin/text-idx?t 1=/ecfTbrowseffitle02/2cfr200 main 02.t i 4.2 2 CFR 200.216 -- Prohibition of certain telecommunication's and video surveillance services or equipment. Recipients and Subreciplews are prohibited from obligating or expending loan or grant funds (o: 1) procure or obtain; 2) extend or renew a contract to procure or obtain, 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as part of any system, 4.3 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. hltps://www.hud.izov/sites/documents/DOC 7771.PDF jtttRs://www.i uStice.Qov/crilfzti r-housirr�-act- Executive Order 11063 —Equal Opportunity in Housing hitps:H%vww.archives,gov/federal- reCister/codification/executive-order/1 1063.1itm Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs litt s://www.archives, ov/federal-re ister/codification/executive-order/I2259.himl 4.4 littrss://www,dol.gnvlajzencies/whd/lawseand-regulations/laws/dbra,Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.nebi.nlm.nih.pov/pubmed/12289709 Q 4.5 Title V1 of the Civil Rights Act of 1964 (42 USC § 2000(d) et seq„ and Treasury's implementing U regulation at 31 CFR Part 22), as amended, Title Vlll of the Civil Rights Act of 1968, as amended LL Irtips://www.hud.gov/urogranidesc€iptionititle6 r 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: httns://www.dol.gov/agencies/ofccp/executiye-order-1 1246/as-amended EO 11375 and 12086: see item 118 below 4.7 Title Vll 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 behalfof the SUBRPCIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. hltas://www,hud. og v/t)rogramdescription/tillc6 FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARP24.14 FGCU t:valuslinn Or the Collier Counly Rtcovery Plan -- Ameiican Reseue Plan 25 ;r 0 16. D.8.a G0662240_2 4.8 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et. scq.) and Treasury implementing regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086, Age Discrimination Act of 1975 liltl)s:'/www.la%v.comell.edu/uscode/lext/42/cha2ter-76 11246:littps://www.dol.povlofeeviregs/statutes/eol 1246jitm 11375: Amended by 40 11478 l 1478: htips:l/www.archives. ovlfederal-register/codification/executive-order!! 1478.html 12107:hitns•Nwww.archives,eoWfederal-register/codifiicationlexecutive order/ 12107.htmi 12086: http.s-1/www.archives.gpv/federal-register/codification/executive-orderII2086.himi 4.9 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5),. Section 504: httns://www.e2a.povlocrlocr 29 USC 776: hiips:/Ilaw.onecle.coio/uscode/2gn76.himi 4.10 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et seq. httn://Iibrarv,cierk,house.gov/reference-files/PPL 101 336 Americans WithDisabilities.pdf htios.//www.iaw.comel I, edu/uscode/text/42/ 12101 4.11 Immigration Reform and Control Act of 1986 lit t s://www.eeoc, ov/eeoc/history/35th/thelawiirca.htm) 4.12 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, N either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any d COUNTY employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 531 I, Q Florida Statutes- U htt s://www.tawserver.corn/law/statefflorido/statutes/tlorida statutes chapter 112 part iii LL LL Collier County- r httnJlwww.collier°ov.netlhomelshowdocnment?id=3S 137 N 4.13 Order of Precedence- In the event ofanyconflict behveenoramongtheterms orally oftheContract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.14 Venue -Any suit of action brought by either party to lhis Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, ill Collier County, FL which courts have sole jurisdiction oil all such matters. (No reference required for this ilem), FLORIDA C,ULFr COAST UNIVERSITY BOARD OF TRUSTEES ARP2l-ta FGCU Fvaluadm ofthe Collier County Rceovery Dian --American Rescue Plan ( } 26 y 0 16. D.8.a GC662240_2 4.15 Dispute Resolution - Prior to the initiation of any action or proceeding pennitted 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 COUNI'Y'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party (ail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 41,102, Florida Statutes. The litigation arising out of this Agreement shall beadjudicated in CollierCounty, 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 RfGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. httos://www.flsenate.g LawslStatutcs/200/44.102 4.16 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to report each violation for the following : J a. Clean Air Act, 41 USC 7401, et seq. hitys://www.govinfo.gov/content/ukp,/USCODE- .. N 2010-title42/ittinl/USCODE-2010-title42-chap85.htm eo hitl)s://www.la%y.cornell.edu/uscode/text/42/cliapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, el seq., as amended. htips://www govinfa gov/contenUi)kg!USCODE-201 1-title33/Edt/USCODE-201 I-title33% cha 26. f Q https://www.law.cornell.edu/tiscode/lext/33/cliaeigr-26 U C9 LL 4.17 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with r the Drug -Free Workplace Act of 1988 (41 USC 701) and Treasury implementing regulations at 31 N CFR Part 20. c N htt s://www. o. ovlfds s/ ranule/USCODE-2009-title4l/EISCODE-2009-title4l-cha 10- o sec701 N 4,18 29 CFR Parts 3 and 5 • Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: htf s://uscode.house. ov/view.xhtrnl?re = ranuleid:USC-1999-titic40-section276a- 7&numb&edition=1999 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States htips://www,law.comell.edu/cfritext/29/pari-3 FLORIDA GULF COAST UNMRMY BOARD OF TRUSTEES ARP21-14 FGCU EvOuadion of tht Coltitr County Recovery Plan— American Rescue Plan 2710 GC662240_2 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) http,s://%vww.law.coniell.edu/cfr/text/29/ art-5 4.19 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, udder the federally -funded contract. 18 U,S.C, 874 htlps://www,govinfo.aov/content/pkgJQSCODE-2010-titic18/0RUSCODE-2010- title l8.pdf _ - _ 40 U.S.C. 276c httpsl/uscode.house.gov/view.xhtrnl?reQ=kranuleid:USC-1999-title40 sectioa276c&num=0&edition=1999 4.20 The SU13RECIPIENT agrees to comply with the Compliance with she Contract Work flours and Safety Standards Act, as contained in 29 CFR 5,5, including overtime requirements, liability for unpaid wages, withholding of unpaid wages and responsibility for compliance by subcontractors. hEtn;:lhvtivtv.eclr.gavjeJ;i bin!te ct-idx'?&nodz=�t24.•4.5#se24. i 5 1500 4.21 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this T- transaction by any Federal Department or agency, and, that the SUBRECIPIENT shad not N 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 asoutlined in 2 CFR 200,213. These regulations restrict awards, subawards and contracts with certain parties that are Q debarred, suspended, or otherwise excluded from or ineligible to [participate in Federal assistance U programs and activities. LL Pursuant to 2 CFR Part 25, Appendix A, Universal Identifier and System for Award Management (SAM), a contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM Exclusions can be accessed at www.sam.jzov. 2 CFR 200.213 Suspension and debarment htti)s:/Iwww.ccfr. ovit /cpi bin/retrieveECFR?Cp=&S1D=c3a97e97ac42t9c05af52a7ea2f3d005&me= true&nTpt2.1.200&r=P ART&tv=H TM LNse2.1.200 1213 hops://www,archives.pov/federal-repister/codiftcation/executive-order/] 2549.1itml FWRIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES FMJ Evaluatlon or the Collier County Recovery P3en— Antodoon Rescue Ytan C, za .40 Packet Pg. 886 16. D.8.a GC652240_2 4.22 The SUBRECIPIENT agrees to comply with the following OMB Circular's 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 sect. 4.23 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end ofthc SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 504. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. httns:/hvww.cefr.gov/cei •bin/text idx?SID"5a78addefff9a535e83fed301008aef&mc=true&node=se2.1.200 1344&rgnndiv8 4.24 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors LL and consultants who will perform hereunder, have not been placed on the convicted vendor list lY LL maintained by the State of Florida Department of Management Services within the 36 months J to immediately preceding the date hereof: 04 This notice is required by § 287LI33 (3) (a), Florida Statutes. oo hit ://www.lc .state.tl,us/Statutes/index.cfm?A mode=Dis la Statute&Search Strin =&UR L=0200-0299/0287/Sections/0287.133.httnl a 4.25 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, Q to any person for influencing or attempting to influence an officer or employee of any agency, a U Member of Congress, an officer or employee of Congress, or an employee of a Member of C9 Congress, in connection with the awarding of any Federal contract, the making ofany Federal grant, LL T the making of any Federal loan, the entering into of any cooperative agreement, and the extension, N continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or o cooperative agreement. Pursuant to 31 CFR Part 2I, if any funds, other than Federal appropriated N funds have been paid or will be paid to any person for influencing or attempting to influence an 04 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 M cooperative agreement, the undersigned shall complete and submit Standard Form-L,LL,, Q "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 (D at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative E agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.26 Any rule or regulation determined to be applicable by the Treasury. FLORIDA GULF COAST UNIVERSITY BOARD OF i RllSTEES ARP21•14 FGCU Evaluation of the Callier County Recovery Plan -- American Rescue Plan 29 CAO Packet Pg. 887 16. D.8.a GC662240_2 4.27 Florida Statutes 119.021 Records Retention http://www.[eP-.State.n.us/Statutes/index.cfm?Apj2 mode--Displaymodc--Display Statute&URL=0100- Q) 99/01 l9/Sections/01 19,021.htm 4.28 Florida Statutes If 9.061 Travel, using approved state travel voucher hitp://www.leg.stato,.fl.us/sta(uLes/index.cfm?Ap—o mode —Display Statute&URL=0100- 0199/01 12/Sections/01 12.061.1itml 4.29 Florida Statutes, 119,071, Contracts and Public Records http://www.lea.state.il.us/Statmes/index.cfm?A pp mode=Displa1 Statute_& lRL=4100- 0199/01 19/Sections/0119,07 Lhtml 4.30 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at ht1u:/1www.lep.gov 4.31 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by taw. See htt s://o' . oviabout/ocri fs/UseofConviction Advisory. df for more details, 4.32 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIINT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or Q organization for influencing or attempting to influence an officer or employee of any agency, a U mem ber of Congress, an officer or employee of Congress, or an employee of a member o f Congress 0 in connection with obtaining any federal contract, grant, or any other award or subaward covered LL T by 31 U.S.C. § )352. 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 c from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying N N restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § t352) and (ii) ensure that its N 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 Q purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. https://%vww,law,cornell.edu/uscode/text/31/1352 E 4.33 False Claim, Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) FLORIDA GULF COAST UNIVERS( DOARn OFTRUSTEES ARP21-14 FGCU Etaluasion of the Collier Coanry Recovery Plan - A"Mieen Rescue Plan 30 CAD 16. D.8.a GC662240_2 committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 4.34 Political Activities Prohibited: None of the funds provided directly or indirectly under this 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. 4.35 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Regisler 51225 (October 1, 2009), the Treasury encourages recipients and SUBRECIP1ENTs to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by the Treasury and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes causild by distracted drivers. 4.36 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of theSUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at: hit s://o ov/fundin Ex Iorc ProhibitedConduct-TrafTickiti .htm. 4.37 Seat Belt Use: The SUBRECIPIENT agrees to encourage its contractors to adopt and enforce on- N the -job seat belt policies and programs for their employees when operating company -owned, d rented, or personally owned vehicles, per Executive Order 13043, 62 fR 19217 (April 18, 1997), Q 4.38 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT U C9 understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in LL support of any contract or subaward to either ACORN or its subsidiaries, without Cite express prior T7 written approval ofOJP. c 4.39 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Business firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the Treasury. hitps://www.ecfr,govlcgi- bin/retdeveECl=R`vn=&SID=a004b6bf20934ace7a717de761dc64c0&mcmtrue&n,W37.t.401&r =PART&try=HTM L FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARP21-14 FGCU F:va€nation of the Collier County Recovery Plan —American Rescue Plan 31 CAO 16. D.8.a GC68224o_2 4.40 Whistleblower Protections: a. In accordance with 41 U.S.C. § 4712, the COUNTY inay not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse ofauthority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including Elie competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: L A member of Congress or a representative of a committee of Congress. ii. An Inspector General. iii. The Government Accountability Office. iv. A Treasury employee responsible For contract or grant oversight or management. v. An authorized official of the Department of Justice or other law enforcement agency. vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or Address misconduct, c. The COUNTY shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. (Signature Page to Follow) U C9 LL FLORIDA GULF COAST UNMRSETY BOARD OF TKUSTE S ARP21-14 F(XU Evaluauoo of the Collier Counry Recovery Plan—Arwrrco Rnscuc Ptah 32 CAO 16.D.8.a GC662240_2 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. BOARD OF C TY COMMISSIONERS OF COLLIER CQI. TY, FLORIDA By: MA Date: COUNTY MANAG 2-t t- Z.Z FLORIDA GULF COASTUNIVERSITY BOARD OF TRUSTEES JAMES CASEY, INTERIM ASSOCIATE VICE PRESIDENT, RESEARCH ADMINISTRATION Date: 02/02/2022 Approved as to rand aiity u Florida Gulf Coast University Approved as to farm and legality: la-2R Jennifer A. elpedio Assistant County Attorney Date: a 1 L a� FLORIOA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARPZI-14 FGCU Evaluation of the Copier County Recavery Plan -- American Rescue Plan 33 d LL Packet Pg. 891 16. D.8.a GC662240_2 PART V EXHIBITS EXIIIBIT A INSURANCE REQUIREMENTS SUARECIPIENT, as a public body corporate, warrants and represents that it is self -funded for liability insurance, with said protection being applicable to officers, employees, servants, and agents while acting withing the scope of their employment by SUBRECIPIENT. The District and SUBRECIPIENT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the SUBRECIPIENT or the State of Florida or their agents and agencies to be sued; or(')) a waiver of sovereign immunity of the SUBRECIPIENT or of the State of Florida beyond the waiver provided in section 768,28, Florida Statutes. Remainder of Page Intentionally Left Blank FLORIDA GULF COAST LINMRSiTY BOARD OF TRUSTEES ARP21.14 FGCU Evalualicn ofthe Copier County Recamy Plan — American Rescue Plan 34 a U� 16. D.8.a GC662240_2 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION 1: REQUEST FOR PAYMENT SUBRECIPIENI' Name: Florida Gulf Coast University Board of Trustees (FGCU) SUBRECIPIENT Address: 10501 FGCU Blvd S, Ft. Myers, FL 33965 Project Name: FGCU Evaluation of the CollierCounty Recovery Plan — American Rescue Plan Project Na: ARP21-14 Payment Request 0 Total Payment Minus Retainage Period of Availability; 01/01/2022 through 12/31/2026 Period for which the Agency has incurred the indebtedness through SECTION if: STATUS OF FUNDS Subrecipient CHS Approved 1, Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount ofToday's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ By signing this report, I certify to the best of my knowledge and belief that this request For payment is Irue, complete and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the term and conditions of the Federal award, t am aware that any false, lietitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or othcrwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729.3730 and 3801-3812; and/or Title V1, Chapter 68, Sections 68.081-083, and Title XLVI Chapter 837, Section 837.06). Signature Title Date Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor (Approval required $15,000 and above) Division Director (Approval Required $15,000 and above) MORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARP21-14 FGCU Evaluation of the Coilicr County Recovery Plan— AFnerican Rescue Plan Q 35 U 16. D.8.a nm GC66224©-2 EXHIBIT C AMERICAN RESCUE PLAN (ARP) QUARTERLY MILESTONE REPORT Report Period: Fiscal Year: Agreement Number: ARP21-14 Subrecipient Name: Florida Gulf Coast University Board of Trustees Program: FGCU Evaluation of the Collier County Recovery Plan - American Rescue Plan Contact Name: Contact Telephone Number: Activity Reporting period Re art Due Date October I"— December 31" January 10'h Janua I" — March 31" April 10'h April I" — Junc 30"' July 101" July I"— September 301h October 10'h I. Evidence -Based Project Evaluated: Subreci ient Name Program a a U C9 LL 2. Kev Performance Indicators Proeress: Project Outcomes Component 1-3: Provide Key Outcome Coal measurements along with a narrative of progress for each, EC 1.1: Declining COVID-19 rates in Collier County. EC 1.2: Declining fatality rates due to COVID-19 in Collier County. EC 1.5: Declining COVID• 19 rates in Collier County and among Collier staff. FLORIDA GULF COAST UNI V£RMY BOARD OF TRUST£FS ARP21-14 FGCU Evaluation of the Collier County Recovery Plan — American Rescue Plan a 36 � V Packet Pg. 894 16. D.8.a GC662240_2 EC 1.8: Deciining COVID-19 rates in Collier County. EC 1.10: 75% of individuals served in the Crisis Stabilization Units will receive evidence -based suicide risk screening using the Columbia - Suicide Severity Rating Scale (C-SSRS). EC 1.10: 75% of individuals served in the Crisis Stabilization Units will participate in evidence -based safety planning (Stanley -Brown Safety Plan) to mitigate risk factors and strengthen protective factors post discharge. EC 1.12: Improved health outcomes in all areas in which health education or services are delivered. EC 2.1: 75% afdistributed food packages will include nutrition and/or healthy diet infarmation. EC 2.1. Children ages 18 or younger will be at least 25% beneficiaries of all food pantry distributions. EC 2.1: At least 40% of funds expended for food distribution will be in a Collier QCT-. EC 2.2: 50% of persons served will live in QCTs. EC 2.2: 75% of persons served will have HH income at or below 120% AMI. EC 2.2: 25% of participants will receive housing case management/stability services. EC 2.2; 10% of homeowners facing foreclosure will receive a mortgage modification. EC 2.2: 100% of homeowners served will receive financial counseling services. FLORIDA GULF COAST UNIVERSITY BOARDOFTRUSTEES ARP21.14 FGCU EYdlwtlGn of the Collier County Recovery Plan--Ameriean Rescue Plan 37 U N T oo N a tY Q U C9 LL T T N O N N O N I— tY C9 Q c ar E t r Q 16. D.8.a GC6622g0 2 EC 2.5: 50% of persons receiving rent and mortgage assistance through CC 1.1 will also receive Housing Navigation services. EC 2.5: 25% reduction in evictions among persons receiving Housing Navigation services. EC 2.9: New hires as a result of program participation. EC 2.9. Business revenue growth among participants. EC 2.10: Health, economic, and social outcomes of nonprofit recipient services. EC 2.11: Increased visitors to Collier County museums. EC 2,1 1: Increased tourism tax receipts. EC 111: Averted business closures in tourism sector. EC 2.12: Averted business closures among recipients. EC 2.12: New hires or revenue growth among recipients. EC 3,2: improved education outcomes for all levels of participating student or adult career seeker (ifapplicable). EC 3.S: Improved education outcomes for all levels of participating student or adult career seeker (if applicable). EC 3.13: Improved nutrition among recipients and participants, including increased consumption of fruits, vegetables, and physical exercise. EC 3.13: Improved quality of fife through reduced mental and physical stress caused by financial burdens. FLORIDA GULF COAST UNEVERSi7Y BOARD OF TRUSTEES ARP21-14 FGCU Evaluation of the Collier County Recovery Plan —American Rescuu Plan 38 U N T- oo N a Q U C9 LL T T N O N N O N 1— C9 Q c aD E t r Q 16. D.8.a GC662240_2 EC 3.13: improved self-confidence and positive behavior change, leading to improved mental/emotional health for youth, EC 4.1: Lower turnover rate in jab categories receiving premium pay. EC 5.6: Reduced flooding in all areas served. EC 5.6: Lower HH damage due to flooding in all areas served. EC 7.1: Key Outcome Coal measurements. EC 7.2: Key Outcome Goal measurements. Project Outputs Component 1-3. Indicatelfdentify those projects for which evaluation plans have been defined and implemented. lndicatOldentify those projects for which evidence base has been refined. EC 1.1: Number of COVID-19 vaccinations administered, EC 1.2: Number of COVID- 19 tests administered. EC 1.5: Count of PPE distributed. EC l .8: Number of persons reached by Public Health communications. EC 1.10: At least 8500 total crisis stabilization bed days. EC 1. €2: Number of persons provided other public heath education and healthcare services, by type, with demographic information. EC 1.12: Number of families served by home visiting (ifapplicable). EC 2.1: Support at least five Food Banks or Pantries serving Residents of Collier County. EC 2.1: Support a minimum of 10,000 households in Collier County with food security goods and services, with demographic and QCT info for populations served. FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARP21-14 FGCU Evaluation of the Collier Comly Recovery Phan — American Rescue Plan 39 V N T- oo a Q U C9 LL T T 1 N O N N O N t— C9 Q c a� E t r Q 16. D.8.a GC662240 2 EC 2,2: Number ofpeople or households receiving eviction prevention services. EC 2.2: Number of affordable housing units preserved or developed, EC 2.2: Number of persons receiving rent, mortgage, or utility assistance, with demographic information. EC 2,5: Number of persons receiving eviction prevention (mediation) services. EC 2.5: Number of persons receiving court liaison services, EC 2.5: Number of persons receiving housing or homelessness assistance. EC 2.9: Number of businesses receiving strategic counseling or technology upgrade. EC 2.18: Number of nonprofits receiving assistance, EC 2A: Number of families served by home visiting (if applicable). EC 2,11: Survey data of County Museum visitors, EC 2.11: Social media metrics for new marketing efforts. EC 11 I: Number of Tourism Businesses receiving EIDL, loan relief. FC 2.12: Number of other impacted Industries receiving EIDL loan relief payments. EC 3.2: Number of students participating in evidence -based tutoring programs. EC 3.2: Number ofchildren served by childcare and early learning. EC 3.2: Number of youths receiving other education (e.g., ESOL, teen life skills) services, with demographic information. EC 3.5: Library material checkout statistics, with demographic information. EC 3.13: Number of part icipantslvisitors in community horticulture or gardening programs. EC 3.13: Number of recipients of community garden food assistanee. FLORIDA GULF COAST UNWERSiTY BOARD OF TRUSTEES ARPZI-14 FGCU Evaluation ofrhe Collier County Recovery Plan --American Rescue Q Plan 0 40 ec N T oo a Q U C9 LL T T N O N N O N t— C9 Q c aD E t r Q 16. D.8.a GCss224o_2 EC 3.13: Number of participants in 4-H programs. EC 3,13: Number of participants in healthy cooking and local food demonstration classes. EC 4,1: Number of staff provided premium pay benefits. EC 5.6. Number of projects built by area, including QCT location, EC 5.6. Number ofhouseholds served by each project. EC 7.1: Number of successful Treasury submissions for Collier ARP. EC 7.2: Number of Projects for which evaluation plans have been defined and implemented. EC 7.2: Number of projects for which evidence base has been refined. Evidence -Based and Impact Evaluation Team Meeting Date: Impact Evaluation Plan Detail Update: 3. Project Progress: Describe your progress and any impediments experienced during the reporting period. xxxx THIS FORM IS SUBJECT TO US TREASURY MODIFICATIONS. By signing Ibis report, I certify to the best of my knowledge and belief that the information contained in this report is true, complete and accurate. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or othenvise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729- 3730 and 3801-3812). Signature: Printed Name: Title: Date: NOTE: This form subject to modification based on Treasury guidance. Your tUped name here represents your electronic signature., FLORIDA OULF COAST UNWERSITY BOARD OF TRUSTEES ARP21-1a FGCU Evaluation of theCotiier County Recovery Plan —American Rescue Pian 41 0 a a U C9 LL 16.D.8.a GC662240_2 N T- 00 Iq N �i 16.D GC662240 2 EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200,331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of Federal award amounts expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -- Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subreciplent Name Florida Gulf Coast University Board of Trustees (FGCU) First Date of Fiscal Year MMIDDIYY Last Date of Fiscal Year (MM/DDIYY) Total Federal Financial Assistance Expended during most recently completed Total State Financial Assistance Expended during Fiscal Year most recently completed Fiscal Year $ is Check A. or B. Check C if applicable A. The federaYstate 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 im lemented, Certification Statement I hereby certify that the above information is true and accurate. Signature pate Print Name and Title 06118 FLORIDA GULF'COAST UNIVERSITY BOARD OF TRUSTEES ARP21-14 FGCU Evaluation orthe Collier County Recovery Plan — American Rescue Plan U N T- oo a Q U C9 u_ T N 0 N N 0 N M— C9 Q c tv E r Q 16. D.8.a ONIB Approved No. t 505-0271 Fxpi ration Date NovoW)er 30. 202 k G066224n_2 Exhibit )E Assurances of Compliance with Civil ;Rights Requirements Assurances of Compliance with Title VI of the Civil Rights Act of 1964 As a condition of receipt of Federal financial assistance from the Department of Treasury, the SUBRECIPIENT of this Agreement (hereinafter referred to as "SUBRECIPIENT") provides the assurances stated herein. The Federal financial assistance may include Federal grants, loans, and contracts to provide assistance to the SUBRECIPIENT's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal Government at market value, or programs that provide direct benefits. The assurances apply to all Federal financial assistance from or funds trade available through the Department of the Treasury, including any assistance that the SUBRECIPIENT may request in the future. The Civil Rights Restoration Act of € 987 provides that the provisions of the assurances apply to all of the operations of the SUBRECIPIENT's program(s) and activity(ies), so long as any portion of the SUBRECIPI ENT'S program(s) or activity(ies) is Federally assisted in the manner prescribed above. a I, SUBRECIPIENT ensures its current and future compliance with Title VI of the Civil Q Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, tL or national origin (42 USC § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such c as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance N documents. 2. SUBRECIPIENT acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to Federally assisted programs and activities for individuals who, because of national origin, have Limited English Proficiency (LEP). SUBRECIPIENT understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title Vl of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, SUBRECIPIENT shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. SUBRECIPIENT understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where FLORIDA GULF COAST 1XVERSITV BOAaD Or TRUSTEES ARP21-14 FGCU Evaluation or the Collter Caunry Recovety Plan- American Rescut Pl&n to Q U 1ti.D.8.a GC662240�2 OMB Approved No. 1505.0271 Expiration Date November 30, 2021 necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEE' persons when Recipient develops applicable budgets and conducts programs, services, and activities. As For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit htto:Hwww.lep.gov. 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition ofeontinued receipt of Federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, successors, transferees, and assignees to comply with assistances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title V1 and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub-gromfee, contractor, subcontractor, transferee, and assignee shall comply LL with the Title V1 of the Civil !tights Act of 1964, which prohibits recipients of tY LL Federal financial assistance from excluding from a program or activity, denying _J benefits of, or otherwise discriminating against person on the basis ofraee, color, or national origin (42 USC § 2000d et seq.), as implemented by the Department of N the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated oo by reference and made apart of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program, or a activity receiving Federal financial assistance, 42 USC § 2000d et seq., as implemented by the Department of Treaswy's Title ICI regulations, 31 CFR Part � 22, and herein incorporated by reference and made a part of this contract or agreement. u_ Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on -site compliance reviews and reporting requirements. FLORIDA GULF COAST UNIVLRSITV BOARD OF TRUSTEES AM144 FGCU Evaluation of the Collier County Recovery Plan — American Rescue Plan 0 Cl Packet Pg. 903 16. D.8.a GC662240_2 OMB Approved No_ 1505-0271 Expiration Date November 30, 2021 B. Recipient shall maintain an complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance ofTitle VI and efforts to address non-compliance, including any voluntary E compliance or other agreements between the Recipient and the administrative agency that L made the finding. If the Recipient settles a case or matter alleging such discrimination, the Q Recipient must provide documentation of the settlement. If Recipient has not been the } subject of any court or administration agency finding of discrimination, please so state. .Q 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring the subreeiplents also comply with Title VI and other applicable authorities covered in this document. State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that they are ti effectively monitoring the civil rights compliance of subrecipients. � The United States of America has the right to seek judicial enforcement of the terms of this ai assurances document and nothing in this document alters or limits the federal enforcement N measures that the Unites States may take in order to address violations of this document or � applicable Federal law. N Under penalty of perjury, the SUBRECIPIENT signatory to this Agreement certifies that the signatory has read and understood the. SUBRECIPIENT's obligations as herein described, that any Q information submitted in conjunction with this assurances exhibit is accurate and complete, and :3 that the SUBRECIPIENT is in compliance with the aforementioned nondiscrimination 0 requirements. FLOKIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES ARF21.14 rGCU Evaluation or the Col Iset County Recovery Plan — American Rescue Plan 0 U 16.D.8.b FAIN It SLT-I 155 Federal Award Date March 11, 2021 Federal Award Agency Department of Treasu ALN Name Coronavinls Local Fiscal Recovery Fund ALN IJ 21.027 US Treasury Expenditure Category EC 1.12 Collier County Recovery Plan Project Number CC 1.3 Total Amount of Federal Funds Awarded $175,000.00 SUBRECIPIENTNaIne Meals ofIlope, Inc, DUNS11 066996685 FEIN 27-0268307 R&D No Indirect Cost Rate No Period of Performance January 1, 2022 -- December 31, 2023 Fiscal Year End 12/31 Monitor End,. March 31, 2024 AGREEMENT BETWEEN COLLIER COUNTY AND MEALS OF HOPE, INC. American Rescue Plan (ARP) Act Coronavirus Local Fiscal Recovery Fund THIS AGREEMENT is made and entered into this: dfr ay of .� E' }1i i 2022, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Tamiami `Grail, Maples FL 34112, and Meals of Hope, [no., (SUBRECIPIENT), having its principal office at 2221 Corporation Blvd, Naples, Florida 34109, WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed into law on March 11, 2021. Included in the legislation was $350 billion Coronavirus State and Local Fiscal Recovery Fund; and WHEREAS, the COUNTY has entered into an Agreement with the United States Treasury Department (Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP), pursuant to the Coronavirus State and Local Fiscal Recovery Fund (SLFRF), Section 603 (c) of the Social Security Act; and WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities to assist the community in navigating the impact of the COV ID-19 outbreak; and MEALS OF HOPE, INC. ARP21-t5 Meals of [lope, Inc. • American Rescue Plan I &z Packet Pg. 905 16.D.8.b WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the SUBRECIPIENT, is qualified to receive Program funding; and WHEREAS, the COUNTY has created a Recovery Plan in accordance with federal guidelines, which includes Goals, Expenditure Categories, Evidence -basis, and Key Performance Indicators (KPI) that impact the present project; and WHEREAS, the COUNTY and the SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking of the American Rescue Plan (ARP) project. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and agreements herein set forth. PART SCOPE OF WORK The SUBRECIPIENT shall, in accordance with the Collier County Recovery Plan, which is the official COUNTY document guiding the use of funds, intended goals, and measurement of impact, perform the tasks necessary to conduct the program as follows: Project Name: Meals of I -lope, I nc. - American Rescue Plan Description of project and outcome: Provide funding to improve access to health and wellness services, develop resources, and reduce health disparities for residents of the Immokalee, FL community. Project Component One: Staffing — Salary costs US Treasury Expenditure Category: EC 1,12 Collier County Recovery Plan Project Number: CC 1.3 Evidence Basis: Other Public Health Services: Nonprofit subrecipients within this category will provide evidence -based proof from their own academic sources, or from the Pew Results First Clearinghouse or similar platform and may work with Collier Impact Evaluation Team (CC 3.5) to define an evaluation plan for funded projects. This applies to all components under this agreement. Project Component Two: Travel — Mileage US Treasury Expenditure Category: EC 1.12 Collier County Recovery Plan Project Number: CC 1.3 Evidence Basis: Other Public Health Services: Refer to Project Component One. Project Component Three: PPE, Cleaning and Sanitization Supplies and Services US Treasury Expenditure Category: EC 1.12 Collier County Recovery Plan Project Number: CC 1.3 Evidence Basis: Other Public Health Services: Refer to Project Component One. MEALS OF t10PE, INC. ARP21-15 Nicals or(tope, Inc. - American ROCUC flan Packet Pg. 906 Project Component Tour: Healthcare Educational Materials and Resources and related expenses. US Treasury Expenditure Category: EC 1.12 Collier County Recovery Plan Project Number: CC 1.3 Evidence Basis: Other Public Health Services: Refer to Project Component One. 1. Project Tasks: a. Task I: Staffing costs, including but not limited to, program coordination, wellness education and outreach, home visit wellness checks, educational programming, and facilitating access to services. b. Task 2: Travel — Mileage for staff travel time c. Task 3: Purchase, delivery, and use of PPE, cleaning and sanitization supplies and services for enhanced mitigation efforts. d. Task 4: Design/development, printing, shipping/delivery costs, and distribution costs of healthcare educational materials and resources. ARP Documentation Requirements Compliance Criteria: A, Activities carried out with finds provided under this Agreement will contribute to a program designed to: a. Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control. b. Support immediate economic stabilization for households and businesses. c. Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic. d. Document key performance indicators allocated to evidence -based interventions to include both output and outcome measures. B. Evidence -Based Evidence -based interventions is a Treasury policy that pertains to projects within US Treasury Expenditure Categories 1, 2, and 3. If SUBRECIPIENT`s project falls within this category, SUBRECIPIENT shall identify an evidence base for the overall project, or if activities are disparate, each activity. Evidence -based refers to studies of similar projects that evaluate whether a strong or moderate connection exists between project activities and desired outcomes. For further information on evidence -based, please refer to page 33 of the Treasury Compliance and Reporting Guidance: littps:/Aioine.treasury.gov/systein/files/I 36/SLFRF-Coiiipliance-and-Repoi-tiiig- Guidance.udf 1,1 GRANT AND SPECIAL CONDITIONS Performance under (Iris Agreement is subject to 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The obligation of the COUNTY to make the Grant is subject to the following conditions precedent. MEALS OF HOPE, INC. ARP21-15 Meals of (lope, Inc. - American Rescue Plan 3 C49 Packet Pg. 907 16.D.8.b A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following checked policies must be submitted within sixty (60) days of execution of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Davis -Bacon Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ® Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Annual SUBRECIPIENT Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend all CHS-offered Subrecipient training, relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3) sessions. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component i s Staffing — Salary costs $142,400.00 US Treasur y Expenditure Category*: EC 1.12 Collier County.Rccovcry Plan Project Number: CC 1.3 Project Component 2: Travel — Mileage $ 18,600.00 US Treasury Expenditure Category*: EC 1.12 Collier County Recovery Plan Pro'ectNumber: CC 1.3 Project Component 3: PPE, Cleaning and Sanitization Supplies and Services $ 6,000.00 US Treasury Expenditure Category*: EC 1.12 Collier County Recovery Plan Project Number: CC 1.3 Project Component 4: Healthcare Educational Materials and Resources and related expenses. $ 8,000.00 US Treasury Expenditure Category*: EC 1.12 Collier County Recovery Plan Project Number: CC 1.3 Total Federal Funds: $175,000.00 MEALS OF HOPE, INC. ARP21-15 hleals of Hope, Inc. - American Rescue Ilan 4 U_ w U_ J ro N Iq 00 Packet Pg. 908 16.D.8.b Expenditure Categories are subject to change based on future guidance from the U.S, Treasury Department. If that occurs, additional reporting requirements may be necessary. The SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain documentation of services to persons/business in Qualified Census Tract ® Maintain documentation of Evidenced -Based Programming including performance outcomes and output ® Maintain COVID documentation ❑ Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation ❑ Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide Quarterly project progress reports ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement Agreement execution Insurance Insurance Certificate (Exhibit A Within thirty (30) days of Agreement execution and Annually within thirty (30) days of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of A reement execution Project Plans and Specifications NIA NIA Subcontractor Log N/A NIA Davis -Bacon Act Certified NIA N/A Payroll Quarterly Progress Report Exhibit C Quarterly, due I O'� of the month followingend of the quarter Annual Audit Monitoring Exhibit D Within sixty (60) days of fiscal Report Year FY End Financial and Compliance Audit Audit, Management Letter Annually: nine (9) months after FY end for Single Audit OR one hundred eighty (180) days after FY end Program Income Reuse Plan NIA NIA MEALS OF HOPL, INC. ARI'21-15 hicals of I lope, Inc. - American Rescuc Plan Packet Pg. 909 C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Staffing — Submission of supporting documents Submission of Salary costs must be provided as backup as evidenced monthly invoices no US Treasury Expenditure by job description and staff resumes for later than the 301h day Category: EC 1.12 the I" submission or for new hires, of the following Collier County Recovery Plan signed & dated timesheets, payroll month. Project Number: CC 1.3 registers, payroll liability reports, banking documents cancelled checks, Exhibit B and any additional documentation as requested. 10% retainage will be held from each pay request until final monitoring clearance. Project Component 2: Travel — Submission of supporting documents Submission of Mileage must be provided, as evidenced by monthly invoices no US Treasury Expenditure mileage logs, and bank later than the 30`h day Category: EC 1.12 statements/canceled checks, Exhibit B of the following Collier County Recovery Plan and any other additional documentation month. Project Number: CC 1.3 as requested. 10% retainage will be held from each pay request until final monitoring clearance. Project Component 3: PPE, Submission of supporting documents Submission of Cleaning and Sanitization must be provided, as evidenced by monthly invoices no Supplies and Services invoices, receipts, credit card statements, later than the 30'h day US Treasury Expenditure bank statements/canceled checks, Exhibit of the following Category: EC 1.12 B and any other additional documentation month. Collier County Recovery Plan as requested. Project Number: CC 1.3 10% retainage will be held from each pay request until final monitoring clearance. Project Component 4: Healthcare Submission of supporting documents Submission of Educational Materials, Resources must be provided, as evidenced by monthly invoices no and related expenses including invoices, receipts, credit card statements, later than the 30 day but not limited to bank statements/canceled checks, Exhibit of the following desiodevelopment, printing, B, and any other additional month. shipping/del ivery costs, and documentation as requested. distribution costs. US Treasury Expenditure 10% retainage will be held from each pay Category: EC 1.12 request until final monitoring clearance. Collier County Recovery Plan Project Number: CC 1.3 MEALS OF HOPE, INC. ARP21-15 Mcals or Hope, Inc. - American Rescue Plan 6 C`l0 L L J CO) N r 1 4 04i Packet Pg. 910 1ti.D.8.b 1.3 PERIOD OF PERFORMANCE The SUBRECIPIENT services shall start on January I, 2022, retroactively in accordance with ARP and Coronavirus Local Fiscal Recovery Appropriation language, and shall end on December 31, 2023 unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E — Cost Principles and Section 215.97(1)(d) Florida Statutes, the SUBRECIPIENT, may expend funds authorized by this Agreement, only for allowable costs resulting from obligations incurred during the specific agreement period. If the SUBRECIPIENT complies with all requirements set forth herein, this Agreement shall terminate December 31, 2023, whereupon all obligations of the SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its rights to recover any damages arising from or relating the SUBRECIPIENT's breach of any of the Grant Documents, including but not limited to this Agreement and/or any attachments hereto which occurred in whole or in part before said termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS and ZERO CENTS ($175,000.00) for use by the SUBRECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). SUBRECIPIENT may use Funds only for expenses eligible under Section 603(c) of the Social Security Act, specifically the Coronavirus Local Fiscal Recovery Fund, and further outlined is US Treasury Guidance. The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to cover expenses that; A. Were incurred during the period that begins on January I, 2022 and ends on December 31, 2023. Funds must qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of Section 603(c) of the Social Security Act. B. Examples of eligible expenses include, but are not limited to: i. Responding to or mitigating the public health emergency with respect to the COVID-19 emergency or its negative economic impacts; and ii. Providing government services to the extent of the reduction in revenue; and iii. Making necessary investments in water, sewer, or broadband infrastructure; and iv. Responding to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible COUNTY workers that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work. Modification to the `Budget and Scope" may only be made if approved in advance by COUNTY. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent ofthe Agreement amount shall only be made with County Manager approval. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CH& SUBRECIPIENT may not request disbursement of ARP funds until funds are needed for eligible MEALS OF 11OPE, INC. ARP21-15 Meals of Hope, Inc. - American Resew Ptan Packet Pg. 911 costs, and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred from January 1, 2022 through December 31, 2023. Invoices for work performed are required every month. if no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than ninety (90) days after the end of the Agreement. Work performed during the term of the program but not invoiced within ninety (90) days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. Tile County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT, No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Reimbursements will only be made for expenditures that the COUNTY provisionally determines are eligible under the ARP. However, the COUNTY's provisional determination that an expenditure is eligible does not relieve the SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined by the COUNTY or Federal government to be ineligible. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with §218,70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1,5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section I.S-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200.413, The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT and Contractors shall comply with 2 CFR Subpart E-Cost Principles. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Either party may change the address to which notices are to be sent to it by giving written notice of such change to the other parting in the manner herein provided forgiving notice. Any notice, request, instruction, orother document delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the MEALS OF I IOPP, INC. ARP21-15 Meals of Hope, Inc. - American Rescue Plan CqQ Packet Pg. 912 individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION:Tracey Smith, Grant Coordinator Collier CoEmty Community and Human Services Division 3339 E Tamiami Trail, Suite 213 E Naples, Florida 34112 collicreountyn.gov Email: Tracey.Sinith@collicreountyn.gov a� Telephone: (239) 252-1428 Q c m SUBRECIPIENT ATTENTION: Steve Popper, President and CEO Meals of Hope, Inc. 2221 Corporation Blvd Naples, Florida 34109 3 Email: steve@mealso(llope.org � Telephone: (239) 537-7775 u_ J N Remainder of Page L►tentionally Left Blank v j MEALS OF HOPE, INC. ARI'21-15 C'AO Meals of Hope, Inc. - American Rescue Plan 9 Packet Pg. 913 16.D.8.b PART 111 GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBIECIPIENT shall make available for review, inspection, or audit, all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must clear any deficiencies noted in audit reports must within 30 days after receipt of the report. Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance With current COUNTY policy concerning SUBRECIPIENT audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 2 CFR200.334, Section 602(c) of the Social Security Act, and Section 119,021, Florida Statutes, to determine compliance with the requirements of this Agreement, the ARP Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by ARP regulations. B. SUBRECIPIENT agrees to execute such further documents as may be required by law or prepared by the COUNTY to confirm SUBRECIPIENT's Agreement, C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. D. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this Agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of MEALS OF IIOPE, INC. ARP2I-15 Meals of Hope, Inc. - American Rescue Plan io �90 Packet Pg. 914 submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, and all fiends have been expended, unless any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of this Agreement, the COUNTY shall y be informed, in writing, of the address where the records are to be kept, as outlined in 2 CFR 200,337. The SUBRECIPIENT shall Ineel all requirements for retaining public E records and transfer, at no cost to COUNTY, all public records in possession of the aa) SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt I and/or confidential public records that and released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. C IF SUBRECIPIENT HAS QUESTIONS REGARDING THE M . APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO T THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT y THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox a,coiiiereouniy-i7.goy, 3299 Tamiami Trail E, Naples FL 34112. N F. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt and/or confidential public records that are released from public records disclosure requirements are not disclosed except as aulhorized by 2 CFR 200.337 and 2 CFR 200.338. G. Notwithstanding any provision in the Grant Documents to the contrary, the SUBRECIPIENT agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder or under any other Grant Document, or any inaccuracy therein or incompleteness thereof, shall not in any way alter or affect the absolute and unconditional obligation of the SUBRECIPIENT to pay and perform, in full, the obligations set forth hereunder, but any action taken or not taken by the SUBRECIPIENT as a direct result of such lack or delay of notice, or of the SUBRECIPIENT's good faith reliance upon a material inaccuracy therein or the material incompleteness thereof, as the case may be, shall not in and of itself, and to the extent thereof, constitute an Event of Default hereunder, so long as the SUBRECIPIENT does not otherwise have or receive notice or knowledge of the material contents or substance of such notice, or of the intended substance of any inaccurate or incomplete notice, as the case may be, and the SUBRECIPIENT acts, at all times, in good faith. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for MEALS OF HOPE, INC. ARP21-ls Meals or Hope, We. - American Rescue Ilan Packet Pg. 915 Subrecipients exempt from Single Audit) after (lie SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site moni(oring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit, The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or the Treasury to enable CHS to evaluate said progress and allow for completion of required reports. The SUBRECIPIENT shall allow CHS or the Treasury to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or the Treasury, The COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General, the Government Accountability Office, the Florida Auditor General, the COUNTY, the COUNTY's internal auditor(s), or their representatives access to all records related to performance of activities in this Agreement, 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False Claims and Statements, applies to the actions, pertaining to this contract, of the SUBRECIPIENTS and its contractors. SUBRECI PIENT understands that making false statements or claims in connection with this award is in violation of Federal law and may result in criminal, civil, or administrative sanctions including fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards or contracts, and/or any other remedy available by law. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. MEALS OF HOPE, INC. ARP21-15 Meals of Hope, Inc. - American Itescue Plan 12 (C, ( Packet Pg. 916 In accordance with 41 USC Section 4712, SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal fiords, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes: a member of Congress or a representative of a committee of Congress; an Inspector General; the Governmental Accountability Office; a Treasury employee responsible for contract or grant oversight or management; an authorized official of the Department of Justice or other law enforcement agency; a court or grant jury; or a management official or other employee of COUNTY, SUBRECIPIENT, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 2.5 DUPLICATION OF BENEFITS In consideration of SUBRECIPIENT's receipt of funds from the COUNTY, the SUBRECIPIENT hereby assigns to the COUNTY all of its future rights to reimbursement and all payments received from any grant, subsidized loan, or insurance policies of any type or coverage, or any reimbursement or relief program related to or administered by the Federal Emergency Management Agency, the Small Business Administration, or any other Federal or State program to the extent that proceeds paid to SUBRECIPIENT under this Agreement, and determined in the sole discretion of the COUNTY to be a Duplication of Benefits (DOB). This shall be defined as financial assistance available to the SUBRECIPIENT that can be used to pay the costs described under Budgeted Costs for the scope of work described in this Agreement that are to be paid for by this grant. SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from other relief or loan programs for this scope of work, which were not already described in the grant application. If some or all the proceeds are determined to be a DOB, the DOB portion shall be paid to the COUNTY forthwith. 2.6 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for noncompliance is as follows: WA1.S OF HOPE, INC. ARP21-15 A9eals of hope, Inc. • American Rescue Plan 13 NO Packet Pg. 917 !. Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan to be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail, the COUNTY may require a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed, be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated, • CHS will make a recommendation to the Board to immediately terminate the contract or Agreement. The SUBRECIPIENT will be required to repay all funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If the SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. ■IIPII�I -- MEALS OF HOR. iNC. ARP21-1 s Meals of Hope, Inc. - American Rescue flan 14 d E d L Q d Q m V m CO) u_ tY U. J to N T- 00 le N Packet Pg. 918 2.7 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the IOth day of January, April, July, and October. As part of the report submitted at the end of the project, the SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, expenditures and expenditure categories, evidence - basis, impact evaluation metrics, and Key Performance Iicidators (KPI) defined by SUBRECIPIENT and the Evidence Based and Impact Evaluation Team. Exhibit C contains a reporting form to be used in fulfillment of this requirement. Expenditure Categories are subject to change based on future guidance from the Treasury. If that occurs, additional reporting requirements may be necessary. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. The Federal Guidance for these activities as of August 31, 2021 exists within the "Compliance and Reporting Guide: State and Local Fiscal Recovery Funds." The COUNTY has translated these guidelines into its Recoveil Plan, which outlines major Expenditure Categories, Goals, Target Populations Served, and KPIs. SUBRECIPIENT must ensure that the project fulfills the requirements of the Recovery Plan and may need to work with the Evidence -Based and Impact Evaluation Team to fully define Evidence - Based, KPIs, and an Impact Evaluation framework. SUBRECIPIENT should consult with the COUNTY's Grant Coordinator to determine the required inputs along these lines. SUBRECIPIENT must work with the COUNTY Evaluation and Data Analysis Team to determine sufficient evidence -base citations for project activities, and to set impact evaluation and key performance indicators. Remainder of Page Intentionally Left Blank MEALS OF HOPE, INC. ARP21-13 Meals of Hope, Inc. • American Rescue Plan 15 G04(0) Packet Pg. 919 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. Any assignee shall be bound by all the terms of this assigned documents. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of the ARP, Section 603 (c) of the Social Security Act, The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, including the requirement to follow the federal procurement process. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant fiends otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. No modification or waiver of any provision of the Grant Documents, nor consent to any departure by the SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing, and such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No failure or delay on the part of the COUNTY in exercising any right, power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. MEALS OF HOPE, INC. ARP21-15 Meals of Hope, lac. - American RcMle P1311 16 n�40 Packet Pg. 920 1. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from Department of Treasury ARP grant funds, as provided by the Department of Treasury, and must be implemented in full compliance with all of Department of Treasury rules and regulations and any agreement between COUNTY and the Department of Treasury governing ARP finds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, or the reduction of finds awarded by the Department of Treasury to COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of the finds will not be available. In either event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT tinder the terms of this Agreement. The SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned, granted, or assigned to any party and shall in no event be used for any purpose prohibitcd by the Grant Documents or Regulations. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: MEALS OF MOPE, INC. ARP21-15 Meals of Hope, Inc. - American Rescue Plan 17 �Q Packet Pg. 921 "FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY, UNDER FEDERAL AWARD NUMBER 596000558, AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, to the general public. 3.8 DEBARMENT AND SUSPENSION The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, as outlined in OMB Guidelines to Agencies on governmentwide Debarment and Suspension (non -procurement), 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part 19. 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be tenminated. However, if in the case of a partial termination, the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated if the award no longer effectuates the program goals or COUNTY priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default corder this Agreement, in compliance with 2 CFR 200, Appendix 11 (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and Treasury guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement. C. Ineffective or improper use of funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. MEALS OF HOPF, INC. ARP 21-15 htcals of Hope, Inc. - American Rescue Plan ss c4� Packet Pg. 922 16.D.8.b G. failure to materially comply with the terms of any other Agreement between the COUNTY and SUBRECIPIENT relating to the project. H. The SUBRECIPIENT assigns this Agreement or any money advanced hereunder or any interest herein. I. Any representation or warranty made herein or in any report, certificate, financial c statement, or other instrument furnished in connection with this Agreement or the Grant m sliall prove to be false in any material respect. Q J. if material adverse changes occur in the financial condition of the SUBRECIPIENT at any time during the Agreement, and the SUBRECIPIENT fails to cure this adverse condition Q within thirty (30) days from the date written notice is sent by the COUNTY. a) m L In the event ofany default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of (lie following remedies in compliance with 2 CPR 200, Appendix 11 (B): LL W J A. Require specific performance of the Agreement, in whole or in part. N B. Require immediate repayment to the COUNTY of all Grant funds that SUBRECIPIENT o has received under this Agreement, as set forth in Section 1.4. V C. Apply sanctions, if determined by the COUNTY to be applicable. D. Stop all payments, until identified deficiencies are corrected. E. Terminate this Agreement by giving written notice to SUBit ECIPI ENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination and any accounts receivable attributable to the use of Treasury funds, per 2 CFR 200.313. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the fiuuds or property, as the COUNTY may deem necessary. 3,11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said MEALS OF HOPE, INC. A lls ors noe�ort[ofx, Inc. - Al1tCfIC111 RCSCIIC Pl0.1k SO19 Packet Pg. 923 1. 16.D.8.b insurance shall be carried continually during SUBRECIPIENT's performance under tile Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part 1), the Uniform Administrative Requirements, and Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal 200.327) and/or Collier County's Procurement below. The current purchasing thresholds are: rerleral Procurement Standards: Procurement standards (2 CFR 200.318 through Ordinance 1/2017-08, as amended, as outlined Range: Method/Competition Required $0 - $10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding C'nllier (namty Prneure.ment Slandards: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation [TB, RFP, etc. The SUBRECIPIENT shall enter contracts for purchases with the lowest, responsible, and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix 11(J) and 2 CFR 200.323. All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of Treasury funds disbursed tinder this Agreement, such Program income shall be utilized by the SUBRECIPIENT for ARP -eligible activities, approved by COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT METALS OF HOPL', INC. AIZP21-15 Meals of (lope, Inc. - American Rcscue Plan 20 C`4Q Packet Pg. 924 activity funded by ARP funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307. When program income is generated by an activity that is only partially assisted with ARP funds, the income shall be prorated to reflect the percentage of ARP funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's ARP program, for further reallocation. Purchase of Equipment: Equipment under the SUBRECiP1ENT's control that was acquired or improved, in whole or in part, with ARP funds shall be used to navigate the impact of the COVID- 19 outbreak, during the term of this Agreement. If the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 603 (c) of the Social Security Act, the SUBRECIPIENT may retain the asset. If such assets are disposed of prior to December 31, 2026, the proceeds would be subject to the restrictions on the eligible use of payments from the Flmd provided by section 603 (c) of the Social Security Act. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to (lie COUNTY shall not end until all closeout requirements are completed, The SUBRECIPIENT may close out the project with the COUNTY after the expiration of the Agreement. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119,021, Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance ofunobligated funds that have been advanced or paid must be returned to the COUNTY. Any fiends paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment and eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" ineans MEALS OF HOPE, INC. ARI'2i-15 Meals of Hope, Inc. - American Rescue Plan 21 d E d m Q d m, V m ILL tY IL J c N le 00 Packet Pg. 925 -- 16.D.8.b a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966, as amended. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. An Affirmative Action Program updated during the term of the Agreement must be submitted to the COUNTY within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflict of interest shall be employed or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all Conflict of Interest provisions oft CFR 200.318(c), and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit the SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing, to CHS provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate - income residents of the project target area. 3.20 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not and has not used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of federal funds, as covered by 31 USC 1352, as more fully described in Section 4.32 of this Agreement. Contractors who apply or bid far an award of$100,000 or more shall file the required certification. MEALS OF HOPE, INC. ARP21-15 Mcars of Hope, ]nc. - American Rescue Plan 22 l rC�J N c d d m L a d Q am V m CO) LL W LL J rn N 00 le N Packet Pg. 926 3.21 RELIGIOUS ORGANIZATIONS ARP funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Executive Order 13279, dated December 12, 2002, as amended. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion and will not limit or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct ARP funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ARP funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ARP funds in this part. Sanctuaries, chapels, or other rooms that an ARP funded religious congregation uses as its principal place of worship, however, are ineligible for ARP funded improvements. 3.22 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.23 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 3.24 MISCELLANEOUS The SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represents and warrants that the financial data, reports, and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent (lie financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the fiends under this Agreement and that its governing body has authorized the execution and acceptance of this MEALS Of HOPE, INC. ARP21-15 Meats of Hope, Inc. - American Rescue Plan 23 `f, ) Packet Pg. 927 16.D.8.b Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIEN1' to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the Treasury. Electronic Signatures. This Agreement, ancillary to this Agreement, and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, a -mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank MEALS OF -'HOPE, INC. AIZP21-15 Afcals orilope, Inc. -American Rscue Plan 24 CA(� Packet Pg. 928 PART IV GENERAL PROVISIONS 4.1 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. httpsa/www.cefr.gov/egi-bin/text-idx7tpl=/ecfrbrowse/Title02/2cfr200 main 02.tU1 4.2 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as pant of any system. 4.3 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.ilLid.gov/sites/docuinents/DOC 7771.PDF https:H%vww.itistice.gov/crt/fair-hotisiiig-act- I_ Executive Order 11063 — Equal Opportunity in Housing https://www.arcliives.gov/federal- register/codi Iieation/executive-order/ 11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs htt s://www.areiiives. ov/federal-re isterleodirication/executive-order/12259.iitmi 4.4 htt s://www.dol. ov/a eneics/whd/laws-and-re uIatioiis/Iaivs/dbra Public Law 100-430 - the Fair Housing Amendments Act of 1988. lilt s:H%Yww.ncbi.iiiin.nih, ov/ tibined/i 2289709 4.5 Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d) et seq., and Treasury's implementing regulation at 31 CFR Part 22), as amended, Title Vill of the Civil Rights Act of 1968, as amended littps://www.hud.gov/progl-amdeset-il)tion/title6 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: littps://www.dol.gov/,-itI,encies/ofccv/cxecutive-order- I 12461as-amended EO 11375 and 12086: see item #8 below 4.7 Title Vil of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.hud.aoy/prograiiidescriptionAitle6 MEALS OF HOPE, INC. ARP21-15 Meals of Hope, Inc. - American Rescue Plan 25 C DO Packet Pg. 929771 4.8 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et. seq.) and Treasury implementing regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.cortiel l.edtt/uscode/text/42/cliapter-76 l 1246: lions://www.dol. ovg /ofccp/regs/statutes/eo 1 1246.1itm 11375: Ametided by EO 11478 11478: https:Hwww.archives.Roy/federal-register/codiflcationlexecutive- order/ I 1478.Ittml l2107: htt s:/hvww.archives. ov/federal-re istet/codification/executive-order/I2107.htm1 12086:https://www.arciiives.gov/federal-register/codification/executive-order/ 12086.htinl 4.9 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5),. Section 504: httPs,//www.ena.Rovloci 29 USC 776, https://law.onecle.com/uscode/29/776.html_ 4.10 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et seq. htt:Hlibrar .clerk.liouse. ov/referencc-files/PPL 101 336 AtnericansWitllDisabilities, df httl)s://-,vww.l aw.cornel l .ed a/uscode/text/42/ 12101 4.11 Immigration Reform and Control Act of 1986 littps://www.eeoc.gov/eeoc/History/35th/theiaw/irca.litnii 4.12 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part 1I1, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- Ittt s://w%vw.lawserver.cont/la►v/state/forida/stattites/floi,ida statutes chapter 112 part iii Collier County- htip:HNvww.collieEgov.net/home/sliowdoctiment?id�35137 4.13 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.14 Venue -Any snit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). MEALS OF HOPE, INC. ARP21-15 Meals of Hope, Inc. - American Rescue Plan 26 t0 Packet Pg. 930 16.D.8.b 4.15 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44,102, Florida Statutes. The litigation arising out ofthis 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. littps://www. 0 se nate, gov/Laws/S tatu tes/2012/44.102 4.16 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to report cacti violation for the following : a. Clean Air Act, 4t USC 7401, et seq. litt s://www. ovinfo. ov/content/ k f USCODE- 2_010-title42/html/USCODE-2010-titic42-cltat?85.htm https://www.law,cornell,edLI/Uscode/textt42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. liltps:H%vww.goviiifo.gov/conteiit/pk!,/USCODE-201 1-title33/ df/USCODE-2011-title33- chap26.pdf htt s:HNvww.law.corneii.edti/uscode/lext/33/cha ter-26 4.17 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701) and Treasury implementing regulations at 31 CFR Part 20. littas://www.gpo.gov/fdsys/,,ranule/USCODE-2009-titic4l/USCODE-2009-title4I -chap 10- sec701 4.18 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: htt s://uscode,hoLise. ov/view.xlitml?re = t-anuleid:USC-1999-titled0-section276a- 7&num=0&ed ition=1999 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States ho ps://www, l,iw.cornci I .edu/cfr/tex t/29/hart-3 MEALS OF HOPE, INC. ARP21.15 Meals orFlop:, Inc. - American Rescue Plan 27 N d E d L a c: d� � I I L1 I U I UI J 1 to i N 0 I , N I tA U Packet Pg. 931 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) littps://www.law.corilell,edu/efr/text/29/nart-5 4.19 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 lut s://www, ovinfo. ovlconteiit/ k d USCODE-2010-titicl8/ df/USCODE-2010- titlel8.pdf 40 U.S.C. 276c https://uscode.thouse.trov/view.xhtinl?req=jzralulleid:USC-1999-title40- section276c&num=0&edition=1999 4.20 The SUBRECIPIENT agrees to comply with the Compliance with the Contract Work Hours and Safety Standards Act, as contained in 29 CFR 5.5, including overtime requirements, liability for unpaid wages, withholding of unpaid wages and responsibility for compliance by subcontractors. lit1 ps://Nvww.ecft-.,,o vlc—,i-bin/text-id_x?&node=pt 24.4.5#se24.1.5 1500 4.21 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR 200.213. These regulations restrict awards, subawards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible to (participate in Federal assistance programs and activities. Pursuant to 2 CFR Part 25, Appendix A, Universal Identifier and System for Award Management (SAM), a contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM Exclusions can be accessed at www.samj,,oY. 2 CFR 200.213 Suspension and debarment htt ps ://ww%v.ccfr. go v/cgi - bin/retl•ieveECFR?=&SID=c3a97c97ac42Mc05af52a7ea2i3d005&mc=true&n= t2.1.200&r—P ART&ty=HTM L#se2. I.200_ 1213 htt s:l/www.archives. ovlfederal-re isterlcodification/executive-order/12549.htm1 MEALS OF HOPE, INC. ARP21-15 Meals of Hope, Inc. - American Rescue Plan zs (CAO) Packet Pg. 932 16. D.8. b 4.22 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.23 Single Audits shall be conducted annually, in accordance with 2 CFR 200,501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500, SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout, https://www.ecfr.goy/et i-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&r n=div8 4.24 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. littp://www.lep,.state.fl.tis/Statutes/index.cfin?App mode=Dispigy Statute&Search Strin =&UR L=020 0-0299/02 87/Sect ions/0287.133. ht ml 4.25 No Federal appropriated finds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.26 Any rule or regulation determined to be applicable by the Treasury. MEALS OF NOTE, INC. ARP21-15 Meats of Hope. Inc. -American Rescue Plan 29 (CDAO Packet Pg. 933 4.27 Florida Statutes 119.021 Records Retention littp://www.]ep,.state.fl.tis/Statutes/index.efin?App mode=Display StatLite&URL=0100- 019910119/Sections/01 19.021.html 4.28 Florida Statutes 119,061 Travel, using approved state travel voucher littp://www.leg.state.fi,tis/stattites/index.cfm?App mode=Display Statute&URL=0100- 0199/0112/Sections/01 12.061.1itml 4.29 Florida Statutes, 119.071, Contracts and Public Records littp://%vww.leg.state.fl.us/Stattites/index.cfm?App mode=Display Statute&URL= 0100- 0199/0119/Sections/0119.07 Lhtml 4.30 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded tinder this Agreement for persons with limited English proficiency pursuant to information located at littn://www.lepeov. 4.31 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://oip.gov/abotit/ocL/pdfs/UseofConviction Advisory.pdf for more details. 4.32 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.G. § 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 finds 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. httns-.Hw%vw.1aw.corneI l.edu/uscode/text/3111352 4.33 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) MEALS OF HOPE, INC. ARA21-15 Meals of Hope, Inc. - AnWican Rescue Alan 30 I�C;gO Packet Pg. 934 16. D.8. b committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 4.34 Political Activities Prohibited: None of the funds provided directly or indirectly under this 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. 4.35 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), the Treasury encourages recipients and SUBRECIPIENTs to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by the Treasury and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.36 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at: htt s://o' ov/ftmdin Ex lore/ProhibitedCoiiduct-Ti-affickin .htm. 4.37 Seat Belt Use: The SUBRECIPIENT agrees to encourage its contractors to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company -owned, rented, or personally owned vehicles, per Executive Order 13043, 62 FR 19217 (April 18, 1997). 4.38 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal fiends, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.39 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this finding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of inventions Made by Nonprofit Organizations and Small Business Films Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the Treasury. https://w%vw.ecfi•.Qov/c i- bilrlretrieveECFRogp=&SID=a004b6bf20934ace7a7l7de761 cic64c0&me=true&n= t37.1.401 &r =PART&ty=HTML MEALS OF HOPE, INC. ARP21-15 Meals of 11ope, Inc. - American Rescue Plan 32 CAO Packet Pg. 935 16.D.8.b 4.40 Whistleblower Protections: a. In accordance with 41 U.S.C. § 4712, the COUNTY may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress, ii. An Inspector General, iii. The Government Accountability Office, iv. A Treasury employee responsible for contract or grant oversight or management, v. An authorized official of the Department of Justice or other law enforcement agency, vi. A court or grand jury, or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The COUNTY shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce, (Signature Page to Follow) MEALS OF HOPE':, INC. ARP21-15 Meals of Elope, Inc -American Rescue Ilan 32 FAO Packet Pg. 936 16.D.8.b IN WITNESS W HEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and sails on the data first written above. BOARD OF COUNTY COMM ISSIONCRS Of COLLI COUNTY, FLORIDA__ - - By: MARK 1i4CKSON, COUNTY MANAGER Z - -24•2,Z Date; MEALS OF HOPE, INC, By STEVE POPPE Date: I DENT AND CEO Approved as to form and legality: Jennifer A, Belpedio g Assistant County Attorney 1 Date; a 1 a_-s 1 a?— MHALS 0V HOPE. INC. ARP21-IS Meals of Hope,11m - Amorim Rescue 111m 33 N C E m a� Q c m .Q m L 3 07 LL tY LL J N T" 00 v F4 9 Packet Pg. 937 16.D.8.b PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: I. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) 1n addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows; 4. Professional Liability insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/51,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued, CONSTRUCTION PHASE (If APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPIENT sltall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than 100 percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. G. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal MEALS of HOPE, INC. ARP2i-I5 Meats or Hope, Inc. - American Rescue Plan 34 s^q � Packet Pg. 938 16.D.8.b Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (1F 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: Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property insurance coverage on an "All Risk" basis, in an amount not less than 100 percent of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11, Flood Insurance coverage for those properties found to be within a flood hazard zone, for the fllll replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NI:IP). The policy must show Collier County as a Loss Payee A.T.I.M.A. MEALS OF HOPE, INC. -15 Meals Meals of Hope, Inc. - American Rescue Plan 35 � Packet Pg. 939 16.D.8.b EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Meals of Hope, Inc. SUBRECIPIENT Address: 2221 Corporation Blvd, Naples, FL 34109 Project Name: Meals of Hope, Inc. — American Rescue Plan Project No: ARP21-15_ Payment Request it Total Payment Minus Retainage Pcriod of Availability: 01/01/2022 through 12131/2023 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subreeipient CHS Approved 1. Grant Amount Awarded $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4, Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ By signing this report, [ certify to the best of my knowledge and belief that this request for payment is true, complete and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the term and conditions of the Federal award. [ am aware that any false, fictitious, or fraudulent information, or the omission orany material fact, may subject nie to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812; and/or Title V1, Chapter 68, Sections 68.081-083, and Title XLVI Chapter 837, Section 837-06). Signature Title Authorizing Grant Coordinator Supervisor (Approval required S 15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required S15,000 and above) MEALS 01'110PE,1NC. ARP21-15 Meals of HoW, Ine. - American Rescue Plan 36 [j C _ J Packet Pg. 940 EXHIBIT C AMERICAN RESCUE PLAN (ARP) QUARTERLY PROGRESS REPORT Report Period: Fiscal Year: Agreement Number: ARP21-15 Subrecipient Name: Meals of Hope, Inc. Program: Meals of Hope, Inc. — American Rescue Plan Contact Name: Contact Telephone Number: Activity Reporting Period Report Due Date October I" — December 31 sr January 10" Janua I" —March 3l" April 10"' April IS' —June 3O'" Jul 10" Jul y 151—September 30" October 101" Characteristics Report I- RennrtSelection Criteria Number of Participants by Ethnicity Current Quarter Year -to -Date Race Non- His anic Hispanic Non- Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial 11 Uw ..t it .l:*.. 1{N:*I... n—lirnrl f —ne Trent UICT1- Category Funds Expended Current Funds Expender{ carter I YTD Public Health In QCT Other In QCT Other EC 1.12 Other Public Health Services Add Cate ory Here Add Category Here Negative Economic Impacts Add Category Here MEALS OF IIOPE, INC. ARP21-15 hfeals of I lope, Inc. - Arncrican Rescue Plan 37 - -� c a� E m m L Q c m .Q m a� L - u- w L ' J N eo i le N Packet Pg. 941 16.D.8.b Services to Disproportionately Impacted Communities Add Category Here Add Category Here Total Expenditure A Vwldnnrr-lincrrl Prnirrt F.xnendifiire.c! Program Name Funds Expended CurrentQuartet- Funds Expended YTD EC 1.12 Other Public Health Services Total Evidence -Based Expenditures A W.- P—fnrm9nnn L•r1Cre�MNe• PI-oieet Outcomes Component 1-4: Improved health outcomes in all areas in which health education or services are delivered. Project Outputs Component 1-4: Number of persons provided other public health education and healthcare services by type with demographic information. Number of families served by home visitin , if applicable. Evidence -Based and Impact Evaluation Team Meeting Date: Impact Evaluation Plan Detail Update: 5. Project Progress: Describe your progress and any impediments experienced during the reporting period. XXXX Remainder of Page Intentionally Left Blank MEALS OF I10PIi, INC. ARP21-15 Mcals of I lope, Inc. - Anwican Rescue Plan O 38 CAO Packet Pg. 942 16.D.8.b By sighing this report, I certify to the hest of my knowledge and belief that the information contained in this report is true, complete, and accurate. 1 am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729- 3730 and 3801-3812), Signature: Printed Name: Title: Date: NOTE: This form subject to modification based on Treasury guidance. Your typed name here represents your electronic si nature. MEALS 01; HOPE, INC. ARP21-IS M als of Hope, Inc. - American Rescue Plan 39 �9a Packet Pg. 943 16.D.8.b EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of Federal award amounts expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -- Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215,97 requirements. Subrecipient Meals of Hope, Inc. Name First Date of Fiscal Year MMIDDIYY Last Date of Fiscal Year MMIDDIYY Total Federal Financial Assistance Total State Financial Assistance Expended during Expended during most recently completed most recently completed Fiscal Year Fiscal Year $ $ Check A. or B. Check C if applicable A. The federallstate 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 unr 10 MEALS Ql' HOPE, INC. ARP21-1S Mcals of hope, Inc. - American Rescue Plan �C 40 \'�l(:i Packet Pg. 944 16. D.8. b OMB Approved No. 1505-0271 Expiration Date November 30, 2021 Exhibit E Assurances of Compliance with Civil Rights Requirements Assurances of Compliance with Title VI of the Civil Rights Act of 1964 As a condition of receipt of Federal financial assistance from the Department of Treasury, the SUBRECIPIENT of this Agreement (hereinafter referred to as "SUBRECIPIENT") provides the assurances stated herein. The Federal financial assistance may include Federal grants, loans, and contracts to provide assistance to the SUBRECIPIENT's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal Government at market value, or programs that provide direct benefits. The assurances apply to all Federal financial assistance from or fiends made available through the Department of the Treasury, including any assistance that the SUBRECIPIENT may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the SUBRECIPIENT's program(s) and activity(ies), so long as any portion of the SUBRECIPIENT's program(s) or activity(ies) is Federally assisted in the manner prescribed above. 1. SUBRECIPIENT ensures its current and future compliance with Title V1 of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 USC § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. SUBRECIPIENT acknowledges that Executive Order I3166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to Federally assisted programs and activities for individuals who, because of national origin, have Limited English Proficiency (LEP). SUBRECIPIENT understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title V1 of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, SUBRECIPIENT shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. SUBRECIPIENT understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where MEALS Of HOPE, INC. ARP21-15 Mcals or Hope, lac. - American Rescue Plan Packet Pg. 945 OMB Approved No. 1505-0271 Expiration Date November 30, 2021 necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://w►vNv.lep.gov. 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of Federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for tile. period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, successors, transferees, and assignees to comply with assistances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, transferee, and assignee shall comply with the Title VI of the Civil Rights Act of 1964, which prohibits recipients of Federal financial assistance font excluding ft•ont a program or activity, denying beneftls of, or othetnvise discriminating against a person on the basis of race, color, or national origin (42 USC § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). Title VI also inchrdes protection to persons with "Limited English Proficiency" in any program or activity receiving Federal financial assistance, 42 USC § 2000d et seq„ as implemented by the Deparhnent of Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on -site compliance reviews and reporting requirements. MEALS OF H01'R, INC. ARP21-15 Meals of [lope, Inc. - American Rescue flan /,.� Packet Pg. 946 OMB Approved No. 1505-0271 Expiration Date November 30, 2021 8. Recipient shall maintain an complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administration agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring the subrecipients also comply with Title VI and other applicable authorities covered in this document. State agencies that snake sub -awards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the Unites States may take in order to address violations of this document or applicable Federal late. Under penalty of perjury, the SUBRECIPIENT signatory to this Agreement certifies that the signatory has read and understood the SUBRECIPIENT's obligations as herein described, that any information submitted in conjunction with this assurances exhibit is accurate and complete, and that the SUBRECIPIENT is in compliance with the aforementioned nondiscrimination requirements. NIFALS OF HOPE, INC. ARP21.15 Meals or hope, Inc. - American Rescue Plan CAO. Packet Pg. 947 FAIN # SLT-I 155 Federal Award Date March 11, 2021 Federal Award Agency Department of Treasury ALN Name Coronavirus Local Fiscal Recovery Fund ALN 4 21,027 US Treasury Expenditure Category EC 1.14 Collier County Recovery Plan Project Number CC 1.3 Total Amount of Federal Funds Awarded $100,000.00 SUBRECIPIENT Name Physician Led Access Network of Collier County, Inc. PLAN DUNS# 191829113 FEIN 20-0477556 R&D No Indirect Cost Rate No Period of Performance October I, 2021 — September 30, 2023 Fiscal Year End December 31 1 Monitor End: December 30, 2023 AGREEMENT BETWEEN COLLIER COUNTY AND PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC. (PLAN) American Rescue Plan (ARP) Act Coronavirus Local Fiscal Recovery Fund Public Health Services THIS AGREEMENT is made and entered into this P day of lLt'(�r�✓ 2022, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Tamiarni Trail, Suite 213, Naples, FL 34112, and Physician Led Access Network of Collier County, lac. (PLAN), (SUBRECIPIENT), having its principal office at 2671 Airport Rd South, Suite 202, Naples, Florida 34112. WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed into law on March 11, 2021. Included in the legislation was $350 billion Coronavirus State and Local Fiscal Recovery Fund; and WHEREAS, the COUNTY has entered into an Agreement with the United States Treasury Department (Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP), pursuant to the Coronavirus State and Local Fiscal Recovery Fund (SLFRF), Section 603 (c) of the Social Security Act; and PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promotion — Arnericaa Rescue Plan Ptsge l �J Packet Pg. 948 16.D.8.c WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities to assist the community in navigating the impact of the COVID-19 outbreak; and WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the SUBRECIPIENT, is qualified to receive Program funding; and L WHEREAS, the COUNTY has created a Recovery Plan in accordance with federal guidelines, which includes Goals, Expenditure Categories, Evidence -basis, and Key Performance Indicators (KPI) thatCL m impact the present project; and d L - WHEREAS, the COUNTY and the SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking of the American Rescue Plan (ARP) project. LL IX U NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for co other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a 00 Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and agreements herein set forth. _ PART I SCOPE OF WORK The SUBRECIPIENT shall, in accordance with the Collier County Recovery Plan, which is the official COUNTY document guiding the use of funds, intended goals, and measurement of impact, perform the tasks necessary to conduct the program as follows: Project Name: Health and Wellness Promotion - American Rescue Plan Description of project and outcome: Assist eligible residents of Collier County with access to medical services provided by medical providers in PLAN's network. Project Component One: Medical Services & Healthcare Referrals US Treasury Expenditure Category: EC 1.14 Collier County Recovery Plan Project Number: CC 1.3 Evidence Basis: Other Public Health Services: Nonprofit subrecipients within this category will provide evidence -based proof from their own academic sources, or from the Pew Results First Clearinghouse or similar platform and may work with Collier Impact Evaluation Team (CC 3.5) to define an evaluation plan for funded projects. 1, Project Tasks: Task l: Provide general medical services and healthcare referrals including, but not limited to, health education, appointments with a medical provider, lab work, diagnostic testing, surgical hospitalization, and medical testing. PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP2l-13 Health and Wellness Promotion -- American Resrue Plan Page 2 Packet Pg. 949 16.D.8.c ARP Documentation Requirements Compliance Criteria: A. Activities carried out with funds provided under this Agreement will contribute to a program designed to: a. Support urgent COVID-19 response efforts to continue decreasing the spread of the virus and bring the pandemic under control. b. Support immediate economic stabilization for households and businesses. c. Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic. d. Document key performance indicators allocated to evidence -based interventions to include both output and outcome measures. B. Evidence -Based Evidence -based interventions is a Treasury policy that pertains to projects within US Treasury Expenditure Categories 1, 2, and 3. If SUBRECIPIENT's project falls within this category, SUBRECIPIENT shall identify an evidence base for the overall project, or if activities are disparate, each activity. ]Evidence -based refers to studies of similar projects that evaluate whether a strong or rxoclerate connection exists between project activities and desired outcomes. For further inforination on evidence -based, please refer to page 33 of the Treasury Compliance and Reporting Guidance: Itttps://home.treasury_gov/system/files/l 36/SLFRF-Compliance-and-Reporting= Guidance.pdf 1.1 GRANT AND SPECIAL CONDITIONS Performance under this Agreement is subject to 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The obligation of the COUNTY to make the Grant is subject to the following conditions precedent. A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following checked policies must be submitted within sixty (60) days of execution of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Davis -Bacon Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ® Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARl'21-13 Health and Wellness Promotion — American Rescue Plan Page 3 (C O Packet Pg. 950 16.D.8.c ® LGB*I'Q Policy C. Annual SUBRECIPIENT Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend all CHS-offered Subrecipient training, relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3) sessions. 1.2 PROJECT DETAILS A. Project Description/Project Budget Descri tion Federal Amount Project Component 1: Medical Services and Healthcare Referrals S100,000AO (payable in 8 quarterly fixed payments of $12,500 US Treasury Expenditure _Category*: EC 1.14 Collier Count Recover Plan Project Number: CC 1.3 Total Federal Funds: S 100,000.00 * Expenditure Categories are subject to change based on future guidance from the U.S. Treasury Department. If that occurs, additional reporting requirements may be necessary. The SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain documentation of services to persons/businesses in Qualified Census Tracts ® Maintain documentation of Evidenced -Based Programming including performance outcomes and output ® Maintain COVID documentation ® Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide Quarterly project progress reports ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement Agreement execution Insurance Insurance Certificate (Exhibit A) Within thirty (30) days of Agreement execution and PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promotion — American Rescue Plan Page 4 d E m L tm Q c m .Q m d L rn u_ tY rL J to N' 00 N IL 's Q Packet Pg. 951 Annually within thirty (30) days of renewal Detailed Project Schedule NIA NIA Project Plans and Specifications N/A NIA Subcontractor Log NIA NIA Davis -Bacon Act Certified NIA NIA Pa roll Quarterly Progress Report Exhibit C Quarterly, due 10"' of the month following end of the quarter Annual Audit Monitoring Exhibit D Within sixty (60) days of Fiscal Report Year FY End Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty (ISO) days after FY end Program Income Reuse Plan NIA NIA C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Medical Submission of an Exhibit B, Quarterly Submission of Services and Healthcare Referrals Progress Report (Exhibit C), and quarterly invoices due US Treasury Expenditure Outcome Metrics report and any the 15`t' of the month Category: EC 1.14 additional documentation as requested. following the quarter Collier County Recovery Plan end. Project Number: CC 1.3 10% retainage will be held from each pay request until final monitoring clearance. 1.3 PERIOD OF PERFORMANCE 3 The SUBRECIPIENT services shall start on October 1, 2021, retroactively in accordance with ARP and Coronavirus Local Fiscal Recovery Appropriation language, and shall end on September 30, 2023 unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E -- Cost Principles and Section 215.97(1)(d) Florida Statutes, the SUBRECIPIENT may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specific agreement period. If SUBRECIPIENT complies with all requirements set forth herein, this Agreement shall terminate September 30, 2023, whereupon all obligations of the SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its rights to recover any damages arising from or relating to SUBRECIPIENT's breach of any of the Grant Documents, including but not limited to this Agreement and/or any attachments hereto, which occurred in whole or in part before said termination. PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). i ARP21-13 Health and Wellness Promotion --American Rescue Plan Page 5 (A! Packet Pg. 952 16.D.8.c 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED THOUSAND DOLLARS and ZERO CENTS ($100,000.00) for use by the SUBRECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the Funds). SUBRECIPIENT may use Funds only for expenses eligible under Section 603(c) of the Social Security Act, specifically the Coronavirus Local Fiscal Recovery Fund, and further outlined is US Treasury Guidance. The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fluid only be used to cover expenses that: A. Were incurred during the period that begins on October I, 2021 and ends on September 30, 2023. Funds mast qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of Section 603(c) of the Social Security Act. B. Examples of eligible expenses include, but are not limited to: i. Responding to or mitigating the public health emergency with respect to the COVID-19 emergency or its negative economic impacts; and ii. Providing government services to the extent of the reduction In revenue; and iii. Making necessary investments in water, sewer, or broadband infrastructure; and iv. Responding to workers performing essential work during the COVID-19 public liealth emergency by providing premium pay to eligible COUNTY workers that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work. Modification to the Budget and Scope may only be made if approved in advance by COUNTY. Budgeted find 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 County Managaer approval. The COUNTY shall make fixed price quarterly payment to SUBRECIPIENT for the performance of this Agreement. SUBRECIPIENT may not request disbursement of ARP Funds until Funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred from October 1, 2021 through September 30, 2023. Invoices for work performed are required every quarter. If no work has been performed during the quarter, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive quarters of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per quarter. Payment will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than ninety (90) days after the end of the Agreement. Work performed during the term of the program but not invoiced within ninety (90) days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the terns of this Agreement for a period of up to 180 days after the end of (lie Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promotion — American Rescue Plan Page 6 CCP Packet Pg. 953 16. D.8.c No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Fixed payments will be made on a quarterly basis only for expenditures that the COUNTY provisionally determines are eligible under the ARP. However, the COUNTY's provisional determination that an expenditure is eligible does not relieve the SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined by the COUNTY or Federal government to be ineligible. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a fixed price/fixed fee basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200.413, The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT and Contractors shall comply with 2 CFR Subpart E-Cost Principles. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via snail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Either party may change the address to which notices are to be sent to it by giving written notice of such change to the other parting in the mariner herein provided for giving notice. Any notice, request, instruction, or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Tracey Smith, Grant Coordinator Collier County Community and Hurnnan Services Division 3339 E Tamiami Trail, Suite 213 Naples, Florida 34112 Email: Tracey.Snnitliocollici-countyfl.gov Telephone: (239) 252-1428 SUBRECIPIENT ATTENTION: Dr. Bill Kuzbyt, Chairman Physician Led Access Network of Collier County, Inc. (PLAN) 2671 Airport Rd South, Suite 202 Naples, Florida 34112 Email: drkuzbyt c@binsfl.cotu Telephone: (239) 776-3016 PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and wellness Promotion — American Rescue Plan Page 7 ((-"4'- 0) Packet Pg. 954 PART 11 GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available for review, inspection, or audit, all records, documentation, anti any other data relating to all matters covered by the Agreement. SUBRECIPIENT must clear any deficiencies noted in audit reports within 30 days after receipt of the report. Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Tine SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 2 CPR 200.334, Section 602(c) of the Social Security Act, and Section 119.021, Florida Slatutes, to determine compliance with the requirements of this Agreement, the ARP Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by ARP regulations. B. SUBRECIPIENT agrees to execute such further documents as may be required by law or prepared by the COUNTY to confirm SUBRECIPII NT's Agreement. C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. D. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this Agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in (lie previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and Practices, which sufficieurtly and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. Upon completion oral[ work contemplated under this Agreement, copies oral[ documents and records relating to this Agreement stall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years alter the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Welhtess Promotion — American Rescue Plan Page 8 Packet Pg. 955 16. D.8.c 200.334, and all funds have been expended, unless any litigation, claim, or audit is started before the expiration date of tile five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of this Agreement, the COUNTY shall be informed, in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. Tile SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of tile SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt and/or confidential public records that and released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY ill a format that is compatible with the COUNfY's information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239- 252-6832, Micliael.Cox t colliercount f1. ov, 3299 Tamiami Trail E, Naples FL 34112. F. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt and/or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. G. Notwithstanding any provision in the Grant Documents to the contrary, the SUBRECIPIENT agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder or tinder any other Grant Document, or any inaccuracy therein or incompleteness thereof, shall not in any way alter or affect the absolute and unconditional obligation of the SUBRECIPIENT to pay and perform, in full, the obligations set fortis hereunder, but any action taken or not taken by the SUBRECIPIENT as a direct result of such lack or delay of notice, or of the SUBRECIPIENT's good faith reliance upon a material inaccuracy therein or the material incompleteness thereof, as the case may be, shall not in and of itself', and to the extent thereof, constitute an Event of Default hereunder, so long as the SUBRECIPIENT does )lot otherwise have or receive notice or knowledge of the material contents or substance of such notice, or of the intended substance of any Inaccurate or incomplete notice, as the case may be, and the SUBRECIPIENT acts, at all times, in good faith. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Heatth uud wellness Promotion — Americun Rescue Plata Page 9 Packet Pg. 956 16.D.8.c Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or the Treasury to enable CHS to evaluate said progress and allow for completion of required reports, The SUBRECIPIENT shall allow CHS or the Treasury to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or the Treasury. The COUNTY will monitor the performance of the SUBRECIPIENT in all attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the fiords provided under this Agreement further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General, the Government Accountability Office, the Florida Auditor General, the COUNTY, the COUNTY's internal auditor(s), or their representatives access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall billy cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False Claims and Statements, applies to the actions, pertaining to this contract, of the SUBRECIPIENTS and its contractors. SUBRECIPIENT understands that making false statements or claims in connection with this award is in violation of Federal law and may result in criminal, civil, or administrative sanctions including fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards or contracts, and/or any other remedy available by law. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). AR1121-13 Health and Wellness Promotion — American Rescue Plan Page 10 (C�_ 01 Packet Pg. 957 16.D.8.c In accordance with 41 USC Section 4712, SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross d mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority m relating to a federal contract or grant, a substantial and specific danger to public health or safety, L or a violation of law, rule, or regulation related to a federal contract (including the competition for Q or negotiation of a contract) or grant. c m IM The list of persons and entities referenced in the paragraph above includes: a member of Congress or a representative of a committee of Congress; an Inspector General; the Governmental L Accountability Office; a Treasury employee responsible for contract or grant oversight or � management; an authorized official of the Department of Justice or other law enforcement agency; y a court or grant jury; or a management official or other employee of COUNTY, SUBRECIPIENT, contractor, or subcontractor who has the responsibility to investigate, discover, or address LL misconduct. to N SUBRECIPIENT sball inform its employees in writing of the rights and remedies provided under v this section, in the predominant native language of the workforce, 2.5 DUPLICATION OF BENEFITS a Q In consideration of SUBRECIPIENT's receipt of finds from the COUNTY, the SUBRECIPIENT Y o hereby assigns to the COUNTY all of its future rights to reimbursement and all payments received 0 from any grant, subsidized loan, or insurance policies of any type or coverage, or any l j reimbursement or relief program related to or administered by the Federal Emergency Tanagement Z Agency, the Small Business Administration, or any other Federal or State program to the extent rn CO) that proceeds paid to SUBRECIPIENT under this Agreement, and determined in the sole discretion v of the COUNTY to be a Duplication of Benefits (DOB). This shall be defined as financial assistance a available to the SUBRECIPIENT that can be used to pay the costs described under Project w Description/Project Budget for the scope of work described in this Agreement that are to be paid J for by this grant, z a V SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from M = other relief or loan programs for this scope of work, which were not already described in the grant a application. If some or all the proceeds are determined to be a DOB, the DOB portion shall be paid Cl) to the COUNTY forthwith. o N N 2.6 CORRECTIVE ACTION N H 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 0 a acceptable progress on such corrective action plans. d In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation E policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant finds from CHS. CHS's policy for escalation for noncompliance is as follows: Q PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21.13 Health and Wellness Promotion — American Reseue Plan Page 1 Packet Pg. 958 16.D.8.c Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan to be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail, the COUNTY may require a portion of the awarded grant amount or the amount of the investment for acquisition of (lie properties conveyed, be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the contract or Agreement. The SUBRECIPIENT will be required to repay all funds disbursed by CHS for the tenninated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If the SUBRECIPIENT has multiple agreements with the COUNTY, and Is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. PHYSICIAN LED ACCESS NETwOttK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wclluess Promotion — American Rescue Plan Page, 12 c d E m m IM Q c m' a. . m U d: L ! rn ti J � 0 v` N IL Cx NO' Packet Pg. 959 16.D.8.c 2.7 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring Endings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 1 Oth day of January, April, July, and October. As part of the report submitted at the end of the project, the SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, expenditures and expenditure categories, evidence - basis, impact evaluation metrics, and Key Performance Incidators (KPI) defined by SUBRECIPIENT and the Evidence Based and Impact Evaluation Team. Exhibit C contains a reporting form to be used in fulfillment of this requirement. Expenditure Categories arc subject to change based on future guidance from the Treasury. If that occurs, additional reporting requirements may be necessary. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. The Federal Guidance for these activities as of August 31, 2021 exists within the "Compliance and Reporting Guide: State and Local Fiscal Recovery Funds." The COUNTY has translated these guidelines into its Recovei, Plan, Which outlines major Expenditure Categories, Goals, Target Populations Served, and KPIs. SUBRECIPIENT must ensure that the project fulfills the requirements of the Recovery Plan, and may need to Work with the Evidence -Based and Impact Evaluation Team to fully define Evidence - Rased, KPIs, and an Impact Evaluation framework. SUBRECIPIENT should consult With the COUNTY's Grant Coordinator to determine the required inputs along these lines. SUBRECIPIENT must work with the COUNTY Evaluation and Data Analysis Team to determine sufficient evidence -base citations for project activities, and to set impact evaluation and key performance indicators. Remainder of Page Intentionally Left Blank PHYSICIAN LFD ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health acid Wellness Promotion — American Rescue Plan Page 13 �Ac Packet Pg. 960 16.D.8.c 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 (lie COUNTY's sole discretion and judgment. Any assignee shall be bound by all the terms of this assigned documents. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of the ARP, Section 603 (c) of the Social Security Act. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, including the requirement to follow the federal procurement process. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. No modification or waiver of any provision of the Grant Documents, nor consent to any departure by the SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing, and such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No failure or delay on the part of the COUNTY in exercising any right, power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. PHYSICIAN LEI) ACCESS NETWORK OF COLLIER COUNTY. INC (PLAN). ARP21-13 Health and Wellness Promotion — American Rescue Plan Page 14 CAS' Packet Pg. 961 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Fields originate from Department of Treasury ARP grant tiinds, as provided by the Department of Treasury, and must be implemented in Rill compliance with all of Department of Treasury rules and regulations and any agreement between COUNTY and the Department of Treasury governing ARP funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, or the reduction of fiends awarded by the Department of Treasury to COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In either event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. The SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned, granted, or assigned to any party and shall in no event be used for any purpose prohibited by the Grant Documents or Regulations. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all snits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration of termination of this Agreement, 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement; PHYSICIAN LED ACCESS NET%VORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Weliness Promotion — American Rescue Plan Page 15 Rxo) Packet Pg. 962 "FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY, UNDER FEDERAL AWARD NUMBER 596000558, AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, to the general public. 3.8 DEBARMENT AND SUSPENSION The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, as outlined in OMB Guidelines to Agencies on governmentwide Debarment and Suspension (non -procurement), 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part 19. 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of partial termination, the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated if the award no longer effectuates the program goals or COUNTY priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix 11 (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and Treasury guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement. C. Ineffective or improper use of funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agrcclncnt. PHYSICIAN LED ACCESS NETWORK or COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promotion — American Rescue Plan Page 16 i1 Packet Pg. 963 16.D.8.c G. Failure to materially comply with the terms of any other Agreement between the COUNTY and SUBRECIPIENT relating to the project. H. The SUBRECIPIENT assigns this Agreement or any money advanced hereunder or any interest herein. I. Any representation or warranty made herein or in any report, certificate, financial statement, or other instrument furnished in connection with this Agreement or the Grant shall prove to be false in any material respect. J. If material adverse changes occur in the financial condition of the SUBRECIPIENT at any time during the Agreement, and the SUBRECIPIENT fails to cure this adverse condition within thirty (30) days from the date written notice is sent by the COUNTY. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement, in whole or in part. B. Require immediate repayment to the COUNTY of all Grant fitnds that SUBRECIPIENT has received under this Agreement, as set forth in Section 1.4. C. Apply sanctions, if determined by the COUNTY to be applicable. D. Stop all payments, until identified deficiencies are corrected. E. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination, if the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION Or ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination and any accounts receivable attributable to the use of Treasury funds, per 2 CFR 200.313, The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and 1Vellness Promotion -- American Rescue Plan Page 17 c' d E' m m L Q c m Q m 0 L CO) LL IX LL J N 00 v F4 Packet Pg. 964 insurance shall be carried continually during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, and Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.). 3,13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 200.327) and/or Collier County's Procurement Ordinance #2017-08, as amended, as outlined below. The current purchasing thresholds are: Ferlernl Prnnurnment '-,tnndardsc Range: Method/Competition Required $0 - S10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding Cnllier County Prnetirement 4,anclards- Ran e: Competition Required SO - S50,000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP, etc.) The SUBRECIPIENT shall enter contracts for purchases with the lowest, responsible, and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200,323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix 11(J) and 2 CFR 200.323. All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder, 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of Treasury funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for ARP -eligible activities, approved by COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellotess Promotion — American Rcscuc Plan Page 18 6 Packet Pg. 965 activity funded by ARP fiends shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307. When program income is generated by an activity that is only partially assisted with ARP funds, the income shall be prorated to reflect the percentage of ARP funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's ARP program, for further reallocation. Purchase of Equipment: Equipment under the SUBRECIPIENT's control that was acquired or improved, in whole or in part, with ARP funds shall be used to navigate the impact of the COVID- 19 outbreak, during the term of this Agreement. If the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 603 (c) of the Social Security Act, the SUBRECIPIENT may retain the asset. If such assets are disposed of prior to December 31, 2026, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 603 (c) of the Social Security Act. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the expiration of the Agreement. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance Of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344, 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on 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 sltall be given opportunities for training and employment and eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 3.17 OPPORTUNITIES FOR SMALL AND MINORITYIWOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means PHYSICIAN LED ACCESS NETWORK Or COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promotion —American Rescue Plan Page 19 rcko) Packet Pg. 966 16.D.8.c a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Alncricans, Spanish-speaking, Spanish surnamed or Spanish-lseritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966, as amended. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of fiends. An Affirmative Action Program updated during the term of the Agreement must be submitted to the COUNTY within 30 days of update/niodification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflict of interest shall be employed or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all Conflict of Interest provisions of CFR 200.318(c), and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in pant by a covered person, or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit the SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors sllall be disclosed, in writing, to CHS provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate - income residents of the project target area. 3.20 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not and has not used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of federal funds, as covered by 31 USC 1352, as more fully described in Section 4.32 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 ReAth and Welheess Promotion — American Rescue Plan Page 20 Packet Pg. 967 16.D.8.c 3.21 RELIGIOUS ORGANIZATIONS ARP funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Executive Order 13279, dated December 12, 2002, as amended. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion and will not limit or give preference in employment to persons on the basis of religion. B, It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct ARP funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ARP funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ARP funds in this part. Sanctuaries, chapels, or other rooms that an ARP funded religious congregation uses as its principal place of worship, however, are ineligible for ARP funded improvements. 3.22 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.23 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 3.24 MISCELLANEOUS The SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represents and warrants that the financial data, reports, and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the funds tinder this Agreement and that its governing body has authorized the execution and acceptance of this PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP2l-13 Health and Welhiess Prontation — American Rescue Plan Page 21 C`.�t1 Packet Pg. 9 8771 16. D.8.c Agreement. The SUBRECIPIENf also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulatians, all applicable federal, state, and municipal laws, ordilrances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the Treasury. Electronic Signatures. This Agreement, ancillary to this Agreement, and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). AIZP21-13 Health and Wellness Promotion— American ILescue Plait Page 22 Packet Pg. 969 16.D.8.c PART IV GENERAL PROVISIONS 4.1 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. htt ps://www.eefr. ov/c i-bin/text-idx?t l=/ccfrbrowse/Tillc02/2cfr200 main 02.t 1 4.2 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant fluids to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as part of any system. 4.3 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under (lie Fair Flouring Act. littps://www.htid.gov/sites/docut-nents/DOC 7771.PDF littps://www.iustice.gov/crt/f,iir-hotisitip,-act- I Executive Order 11063 — Equal Opportunity in Housing littps://www.arclliyes.L'ov/federal- register/codification/executive-order/l 1063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.areiiives.gov/federal-rcgister/codificationlexecutive-order/I2259.11tlnl 4.4 littps://www.dol.gov/agencies/wli(i/laws-and-redL]lations/laws/dbra Public Law 100-430 - the Fair Housing Amendments Act of 1988. lit(ps://Nvww.iicbi.iiiiii,iiiii.gov/pubnied/12289709 4.5 Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d) et seq., and Treasury's implementing regulation at 3l CFR Part 22), as amended, Title Vill of the Civil Rights Act of 1968, as amended littys://www.liud.gov/proRraiiidescriptioiV(itle6 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders l 1375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations, EO 11246: https://www.dol.gov/agencies/ofeep/executive-order- 11246/as-amended EO 11375 and 12086: see itern M8 below 4.7 Title VI1 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. littlis://www.Ind.goy/ rogramdescription/title6 P14YSICIAN LED ACCESS NETWORK OF COLLIER COUNTY. INC (PLAN). ARP21-11 Health and wellness Promotion -- American Rescue Plan Page 23 Opl� Packet Pg. 970 16.D.8.c 4.8 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et. seq.) and 'Treasury implementing regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https./Iwww.law.coi-nell.edti/uscode/text/42/chapter-76 11246: httys://www.dol.gov/ofccp/regs/statutes/eol 1246.htm 11375: Amended by EO 11478 11478:.littf?s://www.arciiives.gov/federal-register/codiFcatioii/executive-order/ 1 1478.1itrnl 12107: lttps://www.archives.yov/federal-register/codificationi/executive-orcler/ 12107.litml 12086: https://iyww.arcliives.s;oN,/federal-register/codification/executive-order/12086.htnri 4.9 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5),. Section 504: httt)s://www.eya.gov/ocr 29 USC 776: littps:Hlaw.otiecle.com/uscode/29/776.litml 4.10 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et seq. littp:Hiibrary.clork.house.gov/reference-files/PPL_ 101 336 -Americans W ithDisabilities. Rdf litips://www.law.coniell.edti/tiscode/text/42/12 101 4.11 Immigration Reform and Control Act of 1986 l)ttps://www.ecoe.gov/eeoc/history/35th/tliclaw/irca.littnl 4.12 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- littps://www.lawset-ver.coinllaw/state/Forida/statutes/florida statutes chanter 112 part iii Collier County- http:// www.colliereov.net/home/sliowdocunteiit?id=35137 4.13 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terns 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. 4.14 Venue -Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). PHYSICIAN LED ACCESS NETWORK Or COLLIER COUNTY, INC (PLAN). ARP21.13 Health and Wellness Promotion — American Rescuc Plan Page 24 Packet Pg. 971 16.D.8.c 4.15 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https:Hwww.flseiiate.gov/Laws/Statutes/2012/44.102 4.16 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to report each violation for the following : a. Clean Air Act, 41 USC 7401, et seq. httgs://www.govinfo.Rov/content/t)kg/USCODE- 2010-tit le42/htmllUSCODE-2010-t it le42-ch ap85. htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://%vww.govinfo.gov/cotiteiit/pkdUSCODE-2011-tit1e33/pdf/USCODE-201 l-tit lc33- chap26.pdf https://iv%v%v.law.coi-iiell.edu/uscode/text/33/chapter-26 4.17 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701) and Treasury implementing regulations at 31 CFR Part 20. https://www.gpo.gov/fdsys/ ranuic/USCOD E-2009-title4I/USCODE-2009-tit1e41-cha P 10- sec701 4.18 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: htt sa/uscode.ltause, ovlview.xhtml?re = ranuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States littt)s.-//%vww.law.coniell.edu/cfr/text/29/p,,irt-3 PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wel Iness Promotion — American Rescue Plan Page 25 (C-A 0/: Packet Pg. 972 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.comell.edu/cfr/text/29/par1-5 4.19 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 littps://www.govittfo.gov/contettt/pkp-/USCODE-2010-titlel8/pdf/USCODE-2010- titleI8.pdF 40 U.S.C. 276c littps:/luscode.hotlse.gov/view.xhttnl?rcg fgrantiteid:USC-1999-title40- section276c&ntlm=0&edition=1999 4.20 The SUBRECIPIENT agrees to comply with the Compliance with the Contract Work Hours and Safety Standards Act, as contained in 29 CFR 5.5, including overtime requirements, liability for unpaid wages, withholding of unpaid wages and responsibility for compliance by subcontractors. littps://www.ccfr.gov/cgi-bin/text-idx?&node=pt24.4.5#sc24.1.5_ 1500 4.21 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR 200,213, These regulations restrict awards, subawards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible to [participate in Federal assistance programs and activities. Pursuant to 2 CFR Part 25, Appendix A, Universal Identifier and System for Award Management (SAM), a contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM Exclusions can be accessed at www.sam.gov. 2 CFR 200.213 Suspension and debarment littps://www.ccfr.gov/cgi- bin/retrieveECFR'?gp=&SID=c3a97c97ac42 t9c05af52a7ea2 Bd005&mc=true_&It=pt2.1_.200&r=P ART&Iy=HTML#se2. l .200_ 1213 littl2s://www.archives.gov/federal-re.zistei•Icodification/executive-or_(Iet-/ 12549.htnit PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and wellness Promotion — American Restue Plan Page 26 Packet Pg. 973 16.D.8.c 4.22 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.23 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https;//%vww.ecfr.gov/cgi-bili/text- idx?SID=5a78addcfff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&r n=div8 4.24 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. littp://%v%vw.leg.state.fl.us/Statutes/index.cfm?Apt) lnode=Display_ Statute&Search String=&UR L=0200-0299/0287/Sect ions/0287.133.html 4.25 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.25 Any rule or regulation determined to be applicable by the Treasury. PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARPZI-l3 Health and Wellness Promotion— American Rescue Plan f awe 27 Packet Pg. 974 4.27 Florida Statutes 119.021 Records Retention littv://www.lcp,.state.fl.tis/Statutes/iiidex.cfiii?ApT) mode=13isplay Statute&URL=0100- 0199/0119/Sections/0119.02I. ilml 4.28 Florida Statutes 119.061 Travel, using approved state travel voucher http:/Iwww.les.state.fl.uslstatutes/index.cfn?At), mode=Display_Statute&URL=0100_- 0199/0112/Sections/0l 12.06 Lhtml 4.29 Florida Statutes, 119.071, Contracts and Public Records littp://www.lep,.state.fl.kis/Stattites/itidex.cfiii?Ai)p mode=Display Statute&URL=0100- 0 1 99/0119/Sections/0 119.07 Lhtml 4.30 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.Iep.gov. 4.31 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based oil race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://olp.gov/about/oct-/Vdfs/UseofCoiivictioii for more details. 4.32 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting io influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the fiends provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. https://www.law.coniell.cdti/tiscodc/text/31/1352 4.33 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) PHYSICIAN LED ACCESS NETWORK Or COLLIER COUNTY, INC (PLAN). ARP21-13 Health and wellness Promotion — American Rescue Plan Page 28 Packet Pg. 975 16.D.8.c committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 4.34 Political Activities Prohibited: None of the funds provided directly or indirectly under this 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. 4.35 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 F-ecieml Registe►• 51225 (October 1, 2009), the Treasury encourages recipients and SUBRECIPIENTs to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by the Treasury and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.36 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at: https:lloip.gov/funding/Explore/ProhibitedConduct-Traffickin .Ig itm. 4.37 Seat Belt Use: The SUBRECIPIENT agrees to encourage its contractors to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company -owned, rented, or personally owned vehicles, per Executive Order 13043, 62 FR 19217 (April 18, 1997). 4.38 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal fluids, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of O]P. 4.39 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the Treasury. https: /Avww. ec fr.mov1cgi- bin/retrieveECFR7gp=&SID=a004b6bf20934ace7a7l7de761 dc64c0&me=tnie&n=pt37.1.401&r PART&ty=HTML PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promotimi— American Rescue PI an Page 29 Packet Pg. 976 4.40 Whistleblower Protections: a. In accordance with 41 U.S.C. § 4712, the COUNTY may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation rclated to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi, A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The COUNTY shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. (Signature Page to Follow) PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promotion— American Rescue Plan Page 30 001--l' Packet Pg. 977 16.D.8.c IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seats on the date first written above. BOARD OF COUNTY COMMISSIONERS OF CW3�L E COUNTY, OR1DA By: MARK iS SON, COUNTY MANAGE Date: J — o? — �)cq` PHYSICIAN LED ACCESS .TWORK OF COLLIER CO Y, At� By. DR. BILI. T, HAIR Date:^ J I )I JZ-7- - -- I I ' `, 1 and leg itty: 91MM10 1 1,1 , JOS 4. j1 C xt,"y Attorney Date; � v&)j): PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). APP21-13 Health and 1Vellttess Promotion — American Rescue Plan Page 31 Packet Pg. 978 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiatni Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 -- 3 above, a Certificate of Insurance must be provided as follows 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which tine SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: S. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than 100 percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promation —American Rescue Plan Page 32 Packet Pg. 979 16.D.8.c Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than 100 percent of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. it. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promotion — American Rescue Plan Page 33 cch Packet Pg. 980 16.D.8.c EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION 1: REQUEST FOR PAYMENT SUBRECIPIENT Name: Physician Led Access Network of Collier County, Inc. (PLAN) SUBRECIPIENT Address: 2671 Airport Rd South, Suite 202, Naples, FL 34112 Project Name: Health and Wellness Promotion — American Rescue flan Project No: ARP21-13- Payment Request It Total Payment Minus Retainage Period of Availability: 10/01/2021 through 09/30/2023 Period for which the Agency has incurred the indebtedness through SECTION I1: STATUS OF FUNDS Subreeipient CI IS Approved 1. Grant Amount Awarded S S 2. Total Amount of Previous Requests S S 3. Amount of Today's Request (Net of Retainage, if applicable) S S 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) S S By signing this report, I certify to the best of my knowledge and belief that this request for payment is true, complete and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the term and conditions of the Federal award. l am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812; and/or Title VI, Chapter 68, Sections 68.081-083, and Title XLVI Chapter 837, Section 837-06). Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 11caah and Wellness Promotion --American Resoic Plan Page 34 C�zk Packet Pg. 981 16.D.8.c EXHIBIT C AMERICAN RESCUE PLAN (ARP) QUARTERLY PROGRESS REPORT Report Period: Fiscal Year: Agreement Number: ARP21-13 Subrecipient Name: Physician Led Access Network of Collier County, Inc. (PLAN) Program: Health and Wellness Promotion — American Rescue Plan Contact Name: Contact Telephone Number: Activity ReportingReportiag Period Report Due Date October P' — December 3 l s' January I ot1' January I" — \March 3131 Aril 10i1 A ril V — June 30114 Jul 10" July 15' -- September 30t11 October 10111 Characteristics Report 1. Rer)ort Selection Criteria Number of Participants by Ethnicity Current Quarter To Date Race Non- Hispanic Hispanic Non- Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial Chose not to Answer/Specify 2_ Prniert FYnOndihll-POWIthin 0imlitiPd Conum Tract (OCT).- Category Funds Expended Current Quarter Funds Expended To Date Public Health In QCT Other In QCT Other EC 1.14 Other Public Health Services Total Expenditures I PHYSICIAN LED ACCESS NETWORK Of COLLIER COUNTY. INC (PLAN). ARP21-13 Health and Wellness Promotion — American Rescue Plan Page 35 d E m m Q r c m Q m U d L rn LL W u- N 00 v N C�C Packet Pg. 982 16.D.8.c I iividnnnn_nnend prnianf Fr"nndlhirnc• Program Name Funds Expended Current Quarter Funds Expended To Date EC 1. 14 Other Public Health Services Total Evidence -Based Expenditures d Maw pnrfnrmnnra indientnrc- Project Outcomes Component 1: At least 370 patients referred annually to medical providers in the PLAN network for services. Component 1: Referred patients Will receive a minimum of 2,400 services annually. Component 1: At least S3,000,000 wou-th of donated services annually, reported by medical providers in the PLAN network. Component 1; At least 2 new medical providers will be enrolled in PLAN during the agreement period of performance. Project Qut nts Component 1: Total number of patients referred by PLAN to medical providers in their network. Component is Number of services that referred patients received. Component I: Dollar value of donated services as reported by medical providers in PLAN's network. Component t; Number of new medical providers enrolled in PLAN's network. Evidence -Based and Impact Evaluation Team Meeting Date: Impact Evaluation Plan Detail Update; S. Project Progress: Describe your progress and any impediments experienced during the reporting period. XXXX Signature to Follow PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promotion — American Remic Phm Page 36 fn d E m m L tm Q c m Q m U N CO) li W u- J CO) N 0 e; N a Ot') Packet Pg. 983 16.D.8.c By signing this report, I certify to the best of my knowledge and belief that the information contained in this report is true, complete and accurate. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729- 3730 and 3801-3812). Signature; Printed Name; Title; Date; NOTE: This form subject to modification based on Treasury guidance. Your typed name here re resents your electronic si gnattwe. PHYSICIAN LED ACCESS NETWORK Or COLLIER COUNTY, INC (PLAN). ARP21-13 Health and wellness Promotion -- American Rescue Plan Page 37 Packet Pg. 984 16.D.8.c EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subreciplents are compliant with established audit requirements (Subpart F), Accordingly, Collier County requires that all appropriate documentation is provided regarding your organizations compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of Federal award amounts expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -- Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Name Physician Led Access Network of Collier County, Inc. First Date of Fiscal Year MMIDDIYY Last Date of Fiscal Year MMIDDIYY Total Federal Financial Assistance Total State Financial Assistance Expended during Expended during most recently completed most recently completed Fiscal Year Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has ❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMS 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it Includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARI'21-I3 Health and wellness Promotion — American Rescue Plan Page 38 CDO Packet Pg. 985 Exhibit E Assurances of Compliance with Civil Rights Requirements Assurances of Compliance with Title Vl of the Civil Rights Act of 1964 As a condition of receipt of Federal financial assistance from the Department of Treasury, the SUBRECIPIENT of this Agreement (hereinafter referred to as "SUBRECIPIENT") provides the assurances stated herein. The Federal financial assistance may include Federal grants, loans, and contracts to provide assistance to the SUBRECIPIENT's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal Government at market value, or programs that provide direct benefits. The assurances apply to all Federal financial assistance from or fiends made available through the Department of the Treasury, including any assistance that the SUBRECIPIENT may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the SUBRECIPIENT's program(s)and activity(ies), so long as any portion of the SUBRECIPIENT's program(s) or activity(ics) is Federally assisted in the manner prescribed above. I. SUBRECIPIENT ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States oil the ground of race, color, or national origin (42 USC § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. SUBRECIPIENT acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to Federally assisted programs and activities for individuals who, because of national origin, have Limited English Proficiency (LEP). SUBRECIPIENT understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and tine Department of the Treasury's implementing regulations. Accordingly, SUBRECIPIENT shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. SUBRECIPIENT understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promotion — American Rescue Plan Page 39 cch('11 Packet Pg. 986 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit lit tp:/hvww.lep-Rov_. 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of Federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, successors, transferees, and assignees to comply with assistances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, transferee, and assignee shall comply with the Title VI of the Civil Rights Act of 1964, ►vhich prohibits recipients of Federal financial assistance fi•onns excluding fi•oin a progn tots or activity, denying benefits of, or othertvise discriminating against a person oil the basis of race, color, or national origins (42 USC § 2000d et seq), as implemented by the Department of the Treasury's Title VIregulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protections to personas with "Lintited English Pi•oficiencv" in ally prograinn or activity receiving Federal financial assistance, 42 USC ¢ 2000d et seq., as implemented by the Departinnernt of Treasure's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract a• agreement. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on -site compliance reviews and reporting requirements. S. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promotion —American Rescue Plan Page 40 cc�o, — Packet Pg. 987 16.D.8.c the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient )rust provide documentation of the settlement. If Recipient has not been the subject of any court or administration agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring the subrecipicnts also comply with Title VI and other applicable authorities covered in this document. State agencies that make sub -awards must have it) place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance ofsubrecipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the Unites States may take in order to address violations of this document or applicable Federal law. Under penalty of perjury, the SUBRECIPIENT signatory to this Agreement certifies that the signatory has read and understood the SUBRECIPIENT's obligations as herein described, that any information submitted in conjunction with this assurances exhibit is accurate and complete, and that the SUBRECIPIENT is in compliance with the aforementioned nondiscrimination requirements. PHYSICIAN LED ACCESS NETWORK OF COLLIER COUNTY, INC (PLAN). ARP21-13 Health and Wellness Promotion — American Rescue Plan Page 41 d E d L a r c d Q ar U d co L W L J s cm 00 N 1L (1 Packet Pg. 988771 16.D.8.d FAIN # SLT-1155 Federal Award Date March 11 2021 Federal Award Agency Department of Treasury ALN Name Coronavirus Local Fiscal Recovery Fund ALN# 21.027 US Treasury Expenditure Category EC 1.12 Collier County Recovery Plan Project Number CC 1.5 Total Amount of Federal Funds Awarded $5,500,000.00 SUBRECIPIENT Name David Lawrence Mental Health Center, Inc. DUNS# 096580782 FEIN 59-2206025 R&D No Indirect Cost Rate No Period of Performance July 1, 2021 — June 30, 2024 Fiscal Year End 6/30 Monitor End: 09/30/2024 AGREEMENT BETWEEN COLLIER COUNTY AND DAVID LAWRENCE MENTAL HEALTH CENTER, INC. American Rescue Plan (ARP) Act Coronavirus Local Fiscal Recovery Fund THIS AGREEMENT is made and entered into this X day of 2022, by and between Collier County, a political subdivision of the State of Florida, (COU TY) having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and David Lawrence Mental Health Center, Inc., (SUBRECIPIENT), having its principal office at 6075 Bathey Lane, Naples 34116. WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed into law on March 11, 2021. Included in the legislation was $350 billion Coronavirus State and Local Fiscal Recovery Fund; and WHEREAS, the COUNTY has entered into an Agreement with the United States Treasury Department (Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP), pursuant to the Coronavirus State and Local Fiscal Recovery Fund (SLFRF), Section 603 (c) of the Social Security Act; and WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities to assist the community in navigating the impact of the COVID-19 outbreak; and DAVID LAWRENCE MENTAL HEALTH CENTER, INC. ARP21-02 ARP -Mental Health Services Page 1 v') Packet Pg. 989 16.D.8.d WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the SUBRECIPIENT, is qualified to receive Program funding•, and WHEREAS, the COUNTY has created a Recovery Plan in accordance with federal guidelines, which includes Goals, Expenditure Categories, Evidence -basis, and Key Performance Indicators (KPI) that impact the present project; and WHEREAS, the COUNTY and the SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking of the American Rescue Plan (ARP) project. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and agreements herein set forth. PART SCOPE OF WORK The SUBRECIPIENT shall, in accordance with the Collier County Recovery Plan, which is the official COUNTY document guiding the use of funds, intended goals, and measurement of impact, perform the tasks necessary to conduct the program as follows: Project Name: David Lawrence Mental Health Center, Inc. — American Rescue Plan Description of project and outcome: Provide mental health services to individuals in Collier County. Through evidence -based interventions, David Lawrence Mental Health Center, Inc. will implement services to reduce the negative mental stresses and behaviors associated with those served. Project Component One: Improve mental health for individuals in Collier County. Using evidence - based approach, provide mental health services including but not limited to, crisis stabilization, suicide risk screening, safety planning to mitigate risk factors, and strengthening protective factors post -discharge for individuals impacted by the COVID-19 pandenuc, US Treasury Expenditure Category: EC 1.12 Collier County Recovery Plan Project Number: CC 1.5 Evidence Basis: Mental Health Services: Nonprofit subrecipients within this category will provide evidence -based proof from their own academic sources, or from the Pew Results First Clearinghouse or similar platform and may work with Collier Impact Evaluation Team (CC 3.5) to define an evaluation plan for funded projects. Project Tasks: Task 1: Provide mental health services for individuals in Collier County. ARP Documentation Requirements Compliance Criteria: DAVID LAWRENCE MENTAL HEAL'rH CENTER, INC. ARP21-02 ARP -Mental Health Services gage 2 Packet Pg. 990 16.D.8.d A. Activities carried out with fiends provided under this Agreement will contribute to a program designed to: a. Support urgent COVID-19 response efforts to continue decreasing the spread of the virus and bring the pandemic under control. b. Support immediate economic stabilization for households and businesses. c. Address systemic public health and economic challenges that have contributed to (lie impact of the pandemic. d. Document key performance indicators allocated to evidence -based interventions to include both output and outcome measures, B. Evidence -Based Evidence -based interventions is a Treasury policy that pertains to projects within US Treasury Expenditure Categories 1, 2, and 3. If SUBRECIPIENT's project falls within this category, SUBRECiPIENT shall identify an evidence base for the overall project, or if activities are disparate, each activity. Evidence -based refers to studies of similar projects that evaluate whether a strong or n»odemte connection exists between project activities and desired outcomes. For further information on Evidence -Based, please refer to page 33 of the Treasury Compliance and Reporting Guidance: litti)s:Hiioiiie.ti-easiiry.gov/systeiii/files/I 36/SLFRF-Coiiiiiance-and-Re )ortin - Guidance.txlf 1.1 GRANT AND SPECIAL CONDITIONS Performance under this Agreement is subject to 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, The obligation of the COUNTY to make the Grant is subject to the following conditions precedent. A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. B, The following checked policies must be submitted within sixty (60) clays of execution of this Agreement: ® Affirmative Fah' Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Davis -Bacon Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ® Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy DAVID LAWRENCE MENTAL HEALTH CENTER, INC. ARP21-o2 ARP -Mental I iealth Sery ices Page 3 Packet Pg. 991 16.D.8.d C. Annual SUBRECIPIENT Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend all CHS-offered Subrecipient training, relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3) sessions. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component l: Improve mental health for individuals $5,500,000.00 payable in quarterly in Collier County. Using evidence -based approach, provide fixed payments not to exceed mental health services including but not limited to, crisis $458,335.00 per quarter. stabilization, suicide risk screening, safety planning to mitigate risk factors, and strengthening protective factors post -discharge for individuals impacted by the COVID-19 pandemic. US Treasury Expenditure Category*: EC 1.12 Collier County Recovery Plan Project Number: CC 1.5 Total Federal Funds: $5,500,000.00 Expenditure Categories are subject to change based on future guidance from the U•5. 'Treasury Department. If that occurs, additional reporting requirements may be necessary, The SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain documentation of services to persons business in Qualified Census Tract ® Maintain documentation of Evidenced -Based Programming including performance outcornes and output ® Maintain COVID documentation ❑ Maintain and provide to the COUNTY, as requested, beneficiary data collection ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide Quarterly project progress reports ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 A reement Agreement execution Insurance Insurance Certificate (Exhibit A Within thirty (30) days of Agreement execution and DAVID LAWRENCE MENTAL HEALTH CENTER, INC. ARP2 r -02 ARP -Mental Health Services Page . Packet Pg. 992 16.D.8.d Annually within thirty (30) days of renewal Detailed Pro'eet Schedule NA NA Project Plans and Specifications NIA NIA Subcontractor Log NIA NIA Davis -Bacon Act Certified NIA NIA Payroll Quarterly Progress Report Exhibit C Quarterly, due 15`h of the month following the end of the quarter Annual Audit Monitoring Exhibit D Within sixty (60) days of Fiscal Report Year FY End Financial and Compliance Audit Audit, Management Letter Annually: nine (9) months after FY end for Single Audit OR one hundred eighty (180) days after FY end Program► Income Reuse Plan NIA NIA C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Improve Submission of an Exhibit B and Quarterly Submission of mental health for individuals in Progress Report (Exhibit C) and any quarterly invoices due Collier County. Using evidence- additional documentation as requested. by the 15`h of the based approach, provide mental month following the health services including but not 10% retainage will be held from each pay quarter end. limited to, crisis stabilization, request until final monitoring clearance. suicide risk screening, safety planning to mitigate risk factors, and strengthening protective factors post -discharge for individuals impacted by the COVID-19 pandemic. US Treasury Expenditure Category: EC 1.12 Collier County Recovery Plan Project Number: CC 1.5 1.3 PERIOD OF PERFORMANCE The SUBRECIPIENT services shall start on July 1, 2021, in accordance with ARP and Coronavirus Local Fiscal Recovery Appropriation language, and shall end on June 30, 2024 unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and Termination, In accordance with 2 CFR 200 Subpart E— Cost Principles and Section 215.97(t)(d) Florida Statutes, the SUBRECIPIENT, may expend funds authorized by this Agreement, only for allowable costs resulting from obligations incurred during the specific agreement period. If the SUBRECIPIENT complies with all requirements set forth herein, this Agreement shall terminate June 30, 2024, whereupon all obligations of the SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive DAVID LAW RENCE MENTAL HEALTI € CENTER, INC. AR€'21-02 ARP -Mental Health Services Page 5 Packet Pg. 993 16.D.8.d its rights to recover any damages arising from or relating the SUBRECIPIENT's bleach of any of the Grant Documents, including but not limited to this Agreement and/or any attachments hereto which occurred in whole or in part before said termination. 1.4 AGREEMENTAMOwT The COUNTY agrees to make available FIVE MILLION FIVE HUNDRED "THOUSAND DOLLARS and 00 CENTS ($5,500,000.00 for use by the SUBRECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). SUBRECIPIENT may use Funds only for expenses eligible under Section 603(c) of the Social Security Act, specifically the Coronavirus Local Fiscal Recovery Fund, and further outlined is US Treasury Guidance. The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to coved expenses that: A. Were incurred during the period that begins on July 1, 2021 and ends oil .tune 30, 2024. Funds must qualify as a necessary expenditure incurred due to the public health emergency and meet the other critcria of Section 603(c) ofthe Social Security Act. B. Examples of eligible expenses include, but are not limited to: i. Responding to or mitigating (lie public health einergelicy with respect to lire COVID-19 emergency or its negative economic impacts; and ii. Providing government services to the extent of the reduction in revenue; and iii. Making necessary investments in water, sewer, or broadband infrastructure; and iv. Responding to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible COUNTY workers that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work. Modification to the "Budget and Scope" may only be made if approved in advance by COUNTY. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with County Manager approval. The COUNTY sliall make fixed price quarterly payments to the SUBRECIPIENT for the performance of (his Agreement. SUBRECIPIENT may not request disbursement of ARP funds until fiends are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the lime of the request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred From July 1, 2021 through June 30, 2024. Invoices for work performed are required every quarter, If no work has been performed during that quarter, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required iftwo consecutive quarters of $0 invoices are submitted, Payments shall be made to the SUBRECIPIENT, when requested, but not more frequently than once per quarter, Payment will not occur if SUBRECIPIENT fails to perform the minimum level of service required by (his Agreement. Filial invoices are due no later than ninety (90) days after the end of tine Agreement. Work performed during the term of the program but not invoiced within ninety (90) days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. DAVID LAWRENCE MENTAL, IIEAL,TH CE iT'ER, INC. A RP21-02 ARP-iMoltol Health Services Page G Packet Pg. 994 16.D.8.d The County Manager or designee may extend the term of this Agreement for a period of tip to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CMS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Fixed payments will be made on a quarterly basis only for expenditures that the COUNTY provisionally determines are eligible under the ARP. However, the COUNTY's provisional determination that an expenditure is eligible does not relieve the SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined by the COUNTY or Federal government to be ineligible. Except where disputed for noncompliance, payment Will be made upon receipt of a properly completed invoice and in compliance with §21830, Florida Statutes, otheitivise known as (lie "Local Government Prompt Payment Act," 1.5 COSTPRINCIPLES Payments to the, SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For Cite Pill Pose of this section (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CPR 200.93, Accordingly, payments Will be made on a fixed price/fixed fee basis. Each request for reimbursement shall identify the associated project and approved project tasks) listed solder this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT contractors and vendors are conditioned upon compliance With the procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT and Contractors shall comply With 2 CFR Subpart E-Cost Principles. 1.6 NOTICES Notices required by this Agreement shall be, in Writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Either party may change the address to Which notices are to be sent to it by giving written notice of such change to the other parting in the mannerlterein provided for giving notice. Any notice, request, instruction, or other document delivered or sent as aforesaid shall be effective on the date of delivery orsending. 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 A1"TENTION:'Tracey Smith, Grant Coordinator Collier County Community and Human Services Division 3339 E Tamiami Trail, Suite 213 Naples, Florida 34112 Email: Tracey.Smith@collict•couittyfl.gov Telephone: (239) 252-1428 DAVID LAW RENCE MENTAL. IIEALTH CENTER, INC. A RP21-02 ARP-Meolal Holth Selvices Page 7 0 V, a Packet Pg. 995 16.D.8.d SUBRECIPIP-Wr ATTENTION: Scott Burgess, CEO David Lawrence Mental Health Center Inc. 6075 Bathey Lane Naples, Florida 34116 Email: Scottb@DLCeliters.org Telephone: (239) 455-8500 Remainder of Page Intentionally Left Blanh DAVID LAWRENCE MENTAL HCAUM CENTER, INC. ARP21.02 ARP-INcntnl I ICA III SWIM Page $ Packet Pg. 996 1ti.D.8.d PART I I GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available for review, inspection, or audit, all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must clear any deficiencies noted in audit reports within 30 days after receipt of the report. Failure of tire SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in tire witliholding of future payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION 'file SUBRECIPIENT shall maintain sufficient records, in accordance with 2 CFR 200,334, Section 602(c) of the Social Security Act, and Section 119.021, Florida Statutes, to deterrn9rre compliance with the requirements of this Agreement, the ARP Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by ARP regulations. B. SUBRECIPIENT agrees to execute such further documents as may be required by law or prepared by the COUNTY to confirm SUBRECIPIENT's Agreement, C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform tine service. D. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENTr for this Agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at ally tirne, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching fonds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under true provisions of this Agreement. E. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after true date of DAVID LAWRENCE MENTAL HEALTH CENTER. INC. ARP21-02 ARNMental ihealth Scrviees Page O�� Packet Pg. 997 16.D.8.d submission of tine annual performance and evaluation report, as prescribed in 2 CFR 200,334, and all finds have been expended, unless any litigation, claim, or audit is started before the expiration date of the five (S) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closcout of this Agreement, the COUNTY shall be informed, in writing, of tine address where the records are to be kept, as outlined in 2 CFR 200.337, The SUBRECIPIENT shall meet all requirements for retailni►ng public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt andlor confidential public records that and released from public records disclosure requirements. All records stored electronically must be provided to tine COUNTY in a format that is compatible with the COUNCY's information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Coxgcolliei-cotiiilyfl.izov, 3299 Tandami Trail E, Naples FL 34112. F. SUBRECIPIENTshall provide the public with access to public records on the same terms and conditions that the COUNTY would provide tine records and at a cost that does not exceed the cost provided in Chapter 1 t9, Flol•ida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt and/or confidential public records that are released from public records disclosure requirements are notdisclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338, G. Notwithstanding any provision in the Grant Doeuments to the contrary, the SUBRECIPIENT agrees that the failure or delay by tine COUNTY in giving any notice or statement hereunder or under any other Grant Document, or any inaccuracy therein or incompleteness thereof, shall not in any way alter or affect tine absolute and unconditional obligation of the SUBRECIPIENT to pay and perform, in full, the obligations set forth hereunder, but any action taken or not taken by the SUBRECIPIENT as a direct result of such lack or delay of ►notice, or of the SUBRECIPIENT's good faith reliance upon a material inaccuracy therein or the material incompleteness thereof, as file case may be, shall not in and of itself, and to the extent iheleof, constitute all Event of Default hereunder, so long as the SUBRECIPIENT does not otherwise have or receive notice or knowledge of the material contents or substance of such notice, or of the intended substance of any inaccurate or incomplete notice, as the case may be, and the SUBRECIPIENT acts, at all times, in good faith. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to tine COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after, SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall sulnnit to (lie COUNTY a Single Audit report, Management DAM LAW RENCE MENTAL, IMAM CENTER, INC. ARP21-02 ARE'-Mlett111 Health Smices Page 10 pc Packet Pg. 998 16.D.8.d Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIEN`I"'s fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out tmo less than► one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or the Treasury to enable CHS to evaluate said progress and allow for completion of required reports. The SUBRECIPIENT shall allow CHS or the Treasury to monitor the SUBRECIPIENT oil site. Such site visits )))ay be scheduled or unscheduled, as determined by CHS or the Treasury. The COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement further defined by 2 CFR 200,332. Substandard performance, as determined by CHS, will constitute noncompliance Witt) this Agreement. If corrective action is )mot taken by the SUBRECIPIENT within a reasonable period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the "Treasury Office of Inspector Gcneral, the Government Accountability Office, the Florida Auditor General, the COUNTY, the COUNTY's internal auditor(s), or their representatives access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agree►vent. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation) shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall filly cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False Claims and Statements, applies to the actions, pertaining to this contract, of the SUBRECIPIENTS and its contractors. SUBRECIPIENT understands that making false statements or claims in connection) with this award is in violation of Federal law and may resu►]t in criminal, civil, or administrative sanctions including fines, imprisonu3ent, civil damages and penalties, debarment from participating in Federal awards or contracts, and/or any other remedy available by law. DAVID LAWRENCE MENTAL HL'ALTH CENTI-M, INC. AJ&2I•02 ARP -Mental Health Services Page I I Packet Pg. 999771 16.D.8.d SUBRF..CIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to ally appropriate law enforcement authority, if the report is made in good faith. In accordance with 41 USC Section 4712, SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes; a member of Congress or a representative of a committee of Congress; an Inspector General; the Governmental Accountability Office; a Treasury employee responsible for contract or grant oversight or management; an authorized official of the Department of Justice or other law e►rforcement agency; a court or grant jury; or a management official or other employee of COUNTY, SUBRECIPIENT, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native langttage of the workforce. 2.5 DUPLICATION OIL BENEFITS In consideration of SUBRECIPIENT's receipt of funds from the COUNTY, the SUBRECIPIENT hereby assigns to ti►e COUNTY aii of its future rights to reimbursement and all payments received from any grant, subsidized loan, or insurance policies of any type or coverage, or any reimbursement or relief program related to or administered by the Federal Emergency Management Agency, the Small Business Administration, or any other Federal or Stale program to the extent that proceeds paid to SUBRECIPIENT under this Agreement, and determined in the sole discretion of the COUNTY to be a Duplication of Benefits (DOB). This shall be defined as financialassistance available to the SUBRECIPIENT that can be used to pay the costs described under Project Description/Project Budget for the scope of work described in this Agreement that are to be paid for by this grant. SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from other relief or loan programs for this scope of work, which were not already described in the grant application. If some or all the proceeds are determined to be a DOB, the DOB portion shall be paid to the COUNTY forthwith, 2.6 CORRECTIVE, ACTION Corrective action plans may be rooired for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failuue to implement or to make acceptable progress on such corrective action plans, DAVn7 LAWRENCE MENTAL HEALTH CGNTER, 11.\C. AR►'21.02 ARP -Mental Health Smiecs Page 12 Packet Pg. TO0071 16.D.8.d In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant fiends from CHS. CHS's policy for escalation for noncompliance is as follows: 1. Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which will require a corrective action plan to be submitted to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held mitil the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of S percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied fiuture consideration as set forth in Resolution No. 2013-228. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail, (lie COUNTY may require a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed, be returned to the COUNTY. • CHS may require upwards of t0 percent of (lie award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No, 2013-228. 4, if after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the contract or Agreement. The SUBRECIPIENT will be required to repay all finds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. DAV ID LAWRENCE MENTAL HEALTH CENTER, INC. ARP21-02 ARP -Mental Heallh Services Page 13 Packet Pg. 1001 16.D.8.d If the SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.7 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th day of January, April, July, and October. As part of the report submitted at the end of the project, the SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, expenditures and expenditure categories, evidence - basis, impact evaluation metrics, and Key Performancc incidators (KPi) defined by SUBRECIPIENT and the Evidence Based and Impact Evaluation Team, Exhibit C contains a reporting form to be used in fulfillment of this requirement. Expenditure Categories are subject 10 change based on filture guidance from the Treasury. If that occurs, additional reporting requirements may be necessary. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or doctnnentation arises, and/or legislative amendments are enacted. Reports andlor requested documentation not received by the due date shall be considered delinquent an([ may be cause for default and termination of this Agreement. The Federal Guidance for these activities as of August 31, 2021 exists within the "Compliance and Reporting Guide: State an(( Local Fiscal Recovery Funds." The COUNTY has translated these guidelines into its Recoverk' , which outlines major Expenditure Categories, Goals, Tat -get Populations Served, and KPIs. SUBRECIPIENT must ensure that tile, project fulfills the requirements of the Recovery Plan, and may need to work with the Evidence -Based and hnpact Evaluation Team to fully define evidence base, KPIs, and an Impact Evaluation framework. SUBRECIPIENT should consult with tite COUNTY's Grant Coordinator to determine the required inputs along these lines. SUBRECIPIENT must worts with the COUNTY Evaluation and Data Analysis Team to determine sufficient evidence -base citations for project activities, and to set impact evaluation and key performance ind icators. Remainder- of Pale Intentionally Left BIank DAVID LAWRENCE, MGNTAI. HEALTH CENTER, INC. ARP21-02 ARP -Mental Hclllli SCrViccs Page I'I Packet Pg. 1002 16.D.8.d PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. Any assignee shall be bound by all the terms of this assigned documents. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of the ARP, Section 603 (c) of the Social Security Act. The SUBRECIPIENT ►►lso agrees to comply with all other applicable laws, regulations, and policies goveratillg the fluids provided under this Agreement, including the requirement to follow the federal procurement process, The SUBRECIPIENT further agrees to utilize fiends available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties, The SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life andlor medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT ►nay amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S governing body, Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, and available finding amounts, or for other reasons. If such amendments result in a change in the finding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. No modification or waiver of any provision of the Grant Documents, nor consc►it to any departure by the SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing, and such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No failure or delay on the part of the COUNTY in exercising any right, power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, no) - shall a single or partial exercise thereof preclude any other or ftuther exercise thereof or the exercise of any other right, power, or privilege. DAVID LAWRENCE MENTAL 11EAL rH CEN"f611, INC. ARP21-02 ARP -Menial Heatftr Sen ices Page Is Packet Pg. 1003 16.D.8.d 3.5 AVAILABILITY OF FUNDS Tile parties acknowledge that the Funds originate from Department of Treasury ARP grant finds, as provided by the Department of Treasury, and must be implemented in full compliance with all of Department of Treasury rules and regulations and any agreement between COUNTY and the Department of Treasury governing ARP finds pertaining to this Agreement, in the event of curtailment or non -production of said federal fiends, or the reduction of finds awarded by the Department of Treasury to COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of the finds will not be Available. In either event, tine COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the finds are no longer available. In tine event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. The SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned, granted, or assigned to any party and shall in no event be used for any purpose prohibited by the Grant Documents or Regulations. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, Costs, and causes of action which may arise out of an act or Omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, Clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. "This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the panne of tine COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY, The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond tine linnits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: DAVID LAWRENCE MENTAL HEALTH CENTER, INC. ARP21-02 ARP-MentalHeIIIII Services Page IG Packet Pg. 1004 16.D.8.d "FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY, UNDER FEDERAL AWARD NUMBER 596000558, AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and sliall appear in the same sire letters or type as the name of the SUBRECIPIRNT. This design concept is intended to disseminate key information regarding the development team, to the general public. 3.8 DEBARMENT AND SUSPENSION The SUBRECIPIEN'r certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended frorn participating in this covered transaction, as outlined in OMB Guidelines to Agencies on governmentwide Debarment and Suspension (non -procurement), 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part I80, subpart B) that the award is subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part 19. 3.9 DEFAULTS, REMEDIES, AND TERMINATION in accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of partial termination, the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated if (lie award no longer effectuates tine program goals or COUNTY priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default ender this Agreement, in compliance with 2 CFR 200, Appendix II (A); A. Failure to comply with any of the roles, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and'freasury guidelines, policies, or directives as may become applicable at any time. B. Failure, far any reason, to fulfill in a timely and proper manner its obligations under this Agreement. C. Ineffective or improper use of funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in arty material respect. R. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. DAVID LAWRENCE MENTAL HEALTH CENTER, INC. ARP21-02 ARP-Menral Health Services Page 17 Op 0 Packet Pg. 1005 16.D.8.d G. failure to materially comply with the terms of any other Agreement between the COUNTY and SUBRECIPIENT relating to the project. H. The SUBRECIPIENT assigns this Agreement or any money advanced hereunder or any interest herein. I. Any representation or warranty made herein or in any report, certificate, financial statement, or other instrument furnished in connection with this Agreement or the Grant shall prove to be false in any material respect. J. If material adverse changes occur in the financial condition of the SUBRECIPIENT at any time during the Agreement, and the SUBRECIPIENT fails to cure this adverse condition within thirty (30) days from the date written notice is sent by the COUNTY. In the event of any default by SUBRECIPIENT under this Agreement, tiie COUNTY may seek any combination of one or more of the following remedies in compliance with 2 CrR 200, Appendix II (B); A. Require specific performance of the Agreement, in whole or in part. B. Require immediate repayment to the COUNTY of all Grant funds that SUBRECIPIENT has received under this Agreement, as set forth in Section 1.4. C. Apply sanctions, if determined by (lie COUNTY to be applicable. D. Stop all payments, until identified deficiencies are corrected. E. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination and any accounts receivable attributable to the use of Treasury funds, per 2 CFR 200,313. The COUNTY's receipt of any funds on hand at the tinie of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or ally portion of the fiords or property, as the COUNTY may deem necessary. 3.11 INSURANCE SUBRECIPIENT sliali 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 DAVID LAwRENCG MENTAL HEAI.TII CENTER, INC. ARP21.02 ARP -Mental Heallh Services Page 18 QbJ Packet Pg. 1006 16.D.8.d insurance shall be carried continually during SUBRECIPIENT's performance under ilia Agreement, 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part 1), the Uniform Administrative Requirements, and Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 200.327) and/or Collier County's Procurement Ordinance #2017-08, as amended, as outlined below. 'fhe current purchasing thresholds are: Federal Procurement Standards: Range: Method/Competition Required $0 - $10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Biddin C'nttier C'-nunty Prnmire.ment Standards: Range: Competition Required $0 - $50,000 3 Written Quotes $50 001+ Formal Solicitation (ITB, RFP, eta The SUBRECIPIENT shall eater contracts for purchases with the lowest, responsible, and qualified bidder. Contract administration shall be handled by tile SUBRECIPIENT and monitored by CHS, which shalt have access to all records and duct►meats related to the project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for tite purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200,323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix 11 (3) and 2 CFR 200,323. All items specified in Part I Scope of Work shall he 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. 3,14 PROGRAM GENERATED INCOME No Program liteolne is anticipated. In the event Program income is derived from the use of Treasury funds disbursed under this Agreement, such Program Income shall be utilized by tite SUBRECIPIENT for ARP -eligible activities, approved by COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT DAVIT) LAWRENCE MENTAI, HEAL-rtl CENTM, INC. ARP21-02 ARP -Menial Health Scnices Page 19 Packet Pg. 1007 1ti.D.8.d activity finided by ARP funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CPR 200.307. When program income is generated by all activity that is only partially assisted with ARP fluids, the income shall be prorated to reflect (lie percentage of ARP funds used, In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's ARP program, for further reallocation. Purchase of Equipment: Equipment under the SUBRECiPIENT's control that was acquired or improved, in whole or in part, with ARP fiends shall be used to navigate tine impact of the COVID- 19 outbreak, during the term of this Agreement. If the purchase of the asset was consistent with the limitations on the eligible use of finds provided by section 603 (c) of the Social Security Act, the SUBRECIPIENT may retain the asset. If such assets are disposed of prior to December 31, 2026, the proceeds would be subject to the restrictions on the eligible use of payments from the fund provided by section 603 (c) of the Social Security Act. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the expiration of the Agreement. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. Ili addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention..A conflict between state and federal law records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated fluids that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 Cf R 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on 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 tine project areas shall be given opportunities for training and employment and eligible business concerns located in or owned in substantial part by persons residing in the project areas sliall be awarded contracts in connection with tlue project. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terns "small business" nncans DAVID LAwRENCL MENTAL HEALTH CENTER, INC. ARP21.02 ARP-Menlal Health Services Page20 04. Packet Pg. 1008 16.D.8.d a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S,C. 632), and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For (lie purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanisli-heritage Americans, Asian -Americans, and American Indians, The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation, 3,18 AFFIRMATIVE ACTION Tile SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966, as amended. Tile SUBRECIPIENT $lull submit a plan for an Affirmative Action Program for approval prior to the award of funds. Ali Affirmative Action Program updated during the term of the Agreement must be submitted to (lie COUNTY within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal flnancial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflict of interest shall be employed or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all Conflict of Interest provisions of2 CFR200.318(c), and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify (he COUNTY, in writing, and seek COUNTY approval prior to entering into any contract With all entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by file SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit the SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of tie SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing, to CHS provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maxinium opportunity be provided for employment of and participation of low- and moderate - income residents of the project target area. 3.20 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not and has not used Federally appropriated finds to pay any person or organization for influencing or attempting to influence the award of federal finds, as covered by 31 USC 1352, as more frilly described in Section 4.32 of this Agreement, Contractors who apply or bid for an award of $100,000 or more shall file the required certification. DAVIT) LAWRENCE MENTAL HEALTH CENTER, INC. ARP2l-02 ARP -Mental Health Services Page 2l ot, 0 Packet Pg. 1009 16.D.8.d 3,21 RELIGIOUS ORGANIZATIONS ARP fiends may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Executive Order 13279, dated December 12, 2002, as amended. The SUBRECIPIENT shall comply with First Amendment Church/State Principles as follows, A, It will not discriminate against any employee or applicant for employment based on religion and will not limit or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons based on religion, C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including tire, definition, practice, and expression of its religious beliefs, provided it does not use direct ARP fonds to support any inherently 1'eligi011S aCtlVltiCS, SEICI] as Worship, l'elig,iOUS il"IStrllCt101h, or prose lyti zi lig. D. The funds shall not be used for the acquisition, coistruction, of rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ARP fiends may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ARP funds in this part, Sanctuaries, chapels, or other rooms that all ARP funded religious congregation uses as its principal place of worship, however, are ineligible for ARP funded improvements. 3,22 INCIDENT REPORTING if services to clients are to be. provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the. COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person, 3.23 SEVERABILITY Should any provision of the Agreement he determined to be unenforceable or invalid, such a determination shall not affeet the validity or enforceability of any other section or part thereof, 3.24 MISCELLANEOUS The SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. The SUBRECIPIENT represelrts and warrants that the financial data, reports, and other information oil the Project it furnished to the COUNTY are accurate all(] complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. The SUBRECIPIENT certifies that it has the legal authority to receive the fiends under this Agreement and that its governing body has autlhorized the cxecution and acceptance of this DAVID LAWRENCE MENTAL HEALTII CEN'rER, INC. ARP21.02 A10-M011411 1101111 SOUVICCs Page 22 Packet Pg. 1010 16.D.8.d Agreement. The SUBRECIPIENT also certifies that (lie undersigned person has the authority to legally execute and bind the SUBRECIPIiNT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement sball be subject to and performed in accordance with file 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 the Treasury. Electronic Signatores. This Agreement, ancillary to this Agreement, and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as Laving the same force and effect as original signatures, Remaindev of Page Intentionally Left Blank DAVID LAwREIVCE MENTAL IICALTn CENTER, INC. A RP21-02 ARP -Mental Health Services Page 23 (D-.. Lx� Packet Pg. 1171 16.D.8.d PART IV GENERAL PROVISIONS 4.1 2 CFR 200 et sect - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. tttt )s:/hvww.ecfr•. ov/c i-bin/text-idx?t )l /ecfrbrowse/Title02/2efi•200^main 02.tl)l 4.2 2 CFR 200,216 — Prohibition of certain telecommunications and video surveillance services or equipment. Recipients and Submeipients are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a Contract (or extend of renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as part of any system. 4,3 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. littpS;I/NNIWw,IILI(i.gov/sites/doctitiietits/DOC 7771.PDF htl s://www.iustice. gov/crt/fair-housin -act-I Executive Order H 063 — Equal Opportunity in Housing https:/hv�v_w.archives. 7ov/federal- sicgis(er/codification/executive-order/ 11063,Iilml Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs htl s:/hvww.arciiives, ov/federal-i-g ister/codification/executive-order/12259.litlnl 4.4 litt )s:/hv%vw.dol, ov/a encies/whd/laws-and-re aiations/laws/dbra Public Law 100-430 - the Fair Housing Amendments Act of 1988. htt s://www.ncbi.nIm.nih, ov/ ilbltled/12289709 4.5 Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d) et sec}., and Treasury's implementing regulation at 31 CFR fart 22), as amended, Title V111 of the Civil Rights Act of 1968, as amended htt )s://Nv%v%v.hu(l, ov! )ro ranidescri lioi /title6 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal fiends and as supplemented in Department of Labor regulations. EO 11246: lrt(s:/hvww.dol, ov/a encies/ofce)/execttive-order-11246/as-amended EO 11375 and 12086: see item 98 below 4.7 Title VI[ of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC § 2000e, et, seq. The SUBRECIPIENT will, in all solicitations or adverlisements for employees placed by or on behal f of the SUBRECIPIINT, state that it is an Equal Opporlunity or Affirmative Action employer. littl)s://www,litid.gov/mar-iramdescription/dOO DAVID LAWRENCE MENTAL IlEAurH CENTER, INC. A1021.02 P ARP-Menlal Heaths Services Page 24 , 0 Packet Pg. 1012 16.D.8.d 4.8 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et. seq.) and'rreasury implementing regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Order t 1246 as amended by Executive Orders 1 1375, 111178, 12107 and 12086. Age Discrimination Act of 1975 htips:l/ww%v.law. cornel 1_edu/uscode/text/42/chapter-76 1 1246: hit s://xN w%v.(iol. ov/ofcc )/re s/statutes/eo 1 1246.11tm 1 1375: Amended by EO 11478 11478, lrttps:Hww%v.ar•cliives. ov/federal-re isterlco(lifica(ion/exceutive-orde€/l t478.html 12107: htil)s:1/www.arellives. ov/fedcral-re ister/codification/executive-order/12107.1gn 12086.littl)s://www.arehives. ov/federal-re ister/codification/executive-order/12086.litml 4.9 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5),. Section 504: littt)s://www,el31.gov/ocr 29 USC 776: lints://law.onecie.coiiiAtscode/2-9/776.iitm1 4.10 The Americans with Disabilities Act of 1990: Publie Law 101-336, 42 U.S.C. Section 12101 et seq. iittp://Iibrarv.clei-k.liotise.gov/refet-eiice-files/PPL 101 336 Alue1•icansWithDisabilities. df https://www.law.cor•nell.edu/tlseocle/text/42/12101 4,11 Immigration Reform and Control Act of 1986 lit#ps•//www eeoc ov/eeocliiistory/35th111101aw/irea.litntl 4.12 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gilt, loan, fee, service, or other item of value to any COUNTY employee, as set fortli in Chapter 112, Part III, riorida Statutes, Collier County Ethics Ordinance No, 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- 1€tips:!/wwtiv,lawservei cam/lane/state/florida/stattrtes/flo►•ida-statutes chanter 112 part iii Collier County- lrttp:/I%vww.col l iet-gov.►ict/borne/sliowdoetrment?ic1-35137 4.13 Order of Precedence - in the event of any conflict between or among the terms of ally of (lie Contract Documents, the (ernes of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over tite Agreement. To the extent any conflict in the terms of (lie 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. 4,14 Venue -Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). DAV ID LA%VRENCE MENTAL HEALTH CENTM, INC. ARP21.02 ARP-MeMal Hearth Services Page 25 �Y Packet Pg. 1013 16.D.8.d 4.15 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the patties shall matte a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO ATRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. littps:HNv%vw.flsetiate.gov/Laws/Statittes/2012/44.102 4.16 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to report each violation for the following : a. Clean Air Act, 41 USC 7401, et seq. littl)s://ww%v.goviiifo.pov/coliteiit/pkglUSCODE- 20 1 0-title42/html/USCODF:-20 I 0-6002-chap85.1itm littps://www.law.coi-nell.edo/tiscode/text/42/cliaptei,-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq„ as amended. Ititus•//www. ovinfo.aovlcontentlpkg/USCODE-2011-title331pdf/USCODE-201I-title33- chap2G.tadf littps:lhvww.law.cornel l.edu/nscode/text/33/chapter-26 4.17 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701) and Treasury implementing regulations at 31 CFR ]'art 20. htt )s://NN,4vNv, o. ov/fds s/ smile/USCODE-2009-titic4I/USCODE-2009-title41-cha 10- sec701 4.18 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees oil federally assisted projects. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: litt s://uscode.lioiise. ov/view.xlitinl`i-ec=graiittlei(I:USC-1999-tille40-section27Ga- 7&nune 0&edition=1999 29 CFR Part 3 - Contractors and Subcontractors oil public building Or Public Work Financed, in whole or in part, by Loans or Grants from the United States littl)s:/hvww.low.cortiel l.edti/efr/texY29/part-3 DAVID LAWRENCE MENTAL HEALTH CENTER, INC. ARP21.02 ARP -Mental Health Services Page 26 Packet Pg. 1014 16.D.8.d 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) httl)s:H\vww.law.cornel l.edu/efr/text/29/part-5 4.19 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits (lie SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -floured contract. 18 U.S.C. 874 ht()s://www. ovinfo. ov/contend k USCODE-2010-titlel8/)df/USCODE-2010- titlel8.pdf 40 U.S.C. 276c lt()s://ascode.hotise, ov/vieiv.xhtml?re = ranulei(l:USC-1999-title40- section27Gc&rtttm-0&cdition=1999 4.20 The SUBRECIPIENT agrees to comply with the Compliance with the Contract Work Hours and Safety Standards Act, as contained in 29 CFR 5.5, including overtime requirements, liability for unpaid wages, withholding of unpaid wages and responsibility for compliance by subcontractors. lift )s://www.ecfi-. tov/c ,i-bin/text-idx?&node= t24.4.5i/se24.1.5 1500 4.21 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR 200.213. These regulations restrict awards, subawards and contacts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible to [participate in Federal assistance programs and activities. Pursuant to 2 CFR Part 25, Appendix A, Universal Identifier and System for Award Management (SAM), a contract award must not be made to parties listed in the SAM Exclusions, SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM Exclusions can be accessed at www.saln.gov. 2 CFR 200,213 Suspension and debarment lit )s://%vww.cefr. ov/c i- biur/retrieveECFR?=&SID=c3a97c97ac42f9c05af52a7ea2f3(1005&ntc=true&tr )12.1.200&r=P A R'1'&ty=HTM Lflsc2.1.200 1213 littl)s:/hvww.arciiives.g,ov/federal-resister/codification/executive-order/12549.littnl DAVIDLAWRENCE MENTAL HEALTII CENTER. INC. ARn1-o2 ARP -Mental 11calth Smices Page 27 Q e Packet Pg. 1015 16.D.8.d 4,22 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are entrareratcd in 2 CFR 200, et seq. 4.23 Single Audits sliall be conducted a►rnuatly, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIFN'C's fiscal year. Tile SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall summit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal ycar. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout, h(t ps:H%YNYlv.eefr.t~ovfcgi -bin/teat- M081D-5a78addeffM,-t535e83fe<13010308aef&me t►'ue&node=se2.1.200_l344&rgn=div8 4,24 As provided in § 287,133, Florida Statutes, by entering into (his Agreement or performing airy work in fi►rtlierance hereof, the SUBRECI PIFNT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on tine convicted vendor list maintained by (Ile State of Florida Department of Management Services within the 36 montlis immediately preceding the date liereof. This notice is required by § 287,133 (3) (a), Florida Statutes. littp://www.leg,state.fl.its/Staitites/iii(lex,cfiii?App modc=Di.sWay Statute&Scarch Strin =&UR t.=0200-0299/0287/Sectioiis/0287.133.htlrrl 4.25 No Federal appropriated funds have been paid or will be paid, by or oil behalf of the undersigned, to any person for influencing or attempting to influence 111 officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employce of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Fedora] loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grain, loan, or cooperative agreement. Pursuant to 31 CFR Part 21, if any fluids, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting; to influence an officer or employce. of any agency, a Member of Congress, an officer or employee of Congress, or air 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. 'Fire undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all Tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.26 Any rule or regulation determined to be applicable by the Treasury. DAVID LAWRENCE MENTAL HEALTH CENTER, INC. ARP2►-02 ARP -Mental I leaith SMices Page 28 Q Packet Pg. 1016 16.D.8.d 4.27 Florida Statutes 119.021 Records Retention litt r//%v►vw,le .state.fl.us/Statutes/index,cfiu?A mode=13isplay Statu1e&URL=0100- 0199/0119/S ecti ons/0119,021.htn}1 4,28 Florida Statutes 119.061 Travel, using approved state travel voucher htt ://www.le .state,fl.tis/statutes/index.cfinn?A ) mode=13isplay Statute&URL=0100- 0199/01 12/Sections/01 12.061.htnnl 4.29 Florida Statutes, 1 19.071, Contracts and Public Records htt r//www.te .state.fl.tis/Statutes/index.cfm?A iniodc=Display Statute&URL=0100- 0199/01 19/Sections10119.071. ht nn l 4.30 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the progratrdproject and activities funded raider this Agreement for persons with limited English proficiency pursuant to information located at littu://kvww.lep.gov. 4.31 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See htt sa/o' ov/abotit/oci•/ adfs/UseofCotiviction Advisor . df for more details. 4.32 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated fronds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence all 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 disclostnres are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of (lie 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 sltall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. litll)s://www.law.coi,iiell.c(lti/tiscode/text/31/1352 4.33 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant fronds under the False Claims Act or (ii) DAVID LA►VRENCC MENTAL HEALTH CEN7TH, INC. AR1'21.02 ARP -Mental Ileahh Services Page29 Packet Pg. 1017 16.D.8.d committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 4.34 Political Activities Prohibited: None of the fiords 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 fiends provided hereunder shall be ittilized in support of any partisan political activities o►' activities for or against the election of a candidate for an elected office. 4.35 Text Messaging: Pursuant to Exceutive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Regisler 51225 (October 1, 2009), the Treasury encourages recipients and SUBRECiPIENTs to adopt and enforce policies banning employees from text messaging whi le driving any vehicle during the course of performing work funded by the Treasury and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4,36 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether oil the part of the SUBRECIPIENTand any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at: litt s://o' ). ov/furidiii Ex ilore/Pi,olilbite(ICoiidtic(-Ti'aLtCkitl .litLii. 4.37 Seat Belt Use: The SUBRECIPIENT agrees to encourage its contractors to adopt and enforce oil - the -job seat belt policies and programs for their employees when operating co►iipany-owned, rented, or personally owned vehicles, per Executive Order 13043, 62 FR 19217 (April 18, 1997). 4.38 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval ofOJP. 4,39 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or tlonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work ►order this funding agreement, the SUBRECIPIENT must comply with tiie requirements of 37 CFR Part 401, "Rights of inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the'rreasury. lIttl)s://www.ecfr.gov/cg i- biii/retrieveECFR?gp—&SiD=a004bGhf20934ace7a717de761 c1cG4c0&nie=true8cn-pt37.1.401 &r PART&hv=HTM L DAVIT? LAWRENCE MENTAL HEALTH LINTER, INC. ARI'21-o2 ARP-MC111al Itealth SclviCes Page3fl Packet Pg. 1871 16.D.8.d 4.40 Whistleblower Protections: a, in accordance with 41 U.S.C. § 4712, the COUNTY may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that (lie employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal finds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following; i. A member of Congress or a representative of committee of Congress, ii. An Inspector General, ili. The Government Accountability Office, iv. A Treasury employee responsible for contract or grant oversight or management, v. An authorized official of the Department of Justice or other law enforcement agency, vi. A court or grand jury, or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The COUNTY shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. (Signature Page to Follow) DAVID LAWRENCE MENTAL HEALTH CENTER, INC. ARP21.02 ARP -Mensal Health Services Page 31 Packet Pg. 1019 16.D.8.d IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have oath mpeotively, by an authorlxed poraon or agent, hereunder set thoir hands and seals on tho date first written above, HOARD OF By: Date: _ r. -- NTY COMMISSIONERS OF TY, FLORIDA COUNTY 'tr'b.'-ZZG_...--- DAVID LAWRENCE M13NTAL HEALTH C$N'i'I3R, INC By= SCOTTBIZ M, CHmv EXECUTIVE OFFICER Rate; Oe3 �! ei�� Approo form an legaS : r Assistent County Attorney Date: o� aQ oaa DAVIDUWRBNCBMUNTALHEALTHCBIf Ba,INC. AMI-01 ARRAenW Health Satvtoaa PA$e32 CO Packet Pg. 1020 16.D.8.d PART V EXHIBITS EXIIIRIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human SCPViCe; Division, 3339 E. Tarniami 'frail, Suite 211, Naples, Florida 34112, Certificatc(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: I. Workers' Compensation as required by Chapter 440, Florida Statutes. 2, Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate, Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit For combined Bodily Injury and Property Damage, DESIGN STAGE (If APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance rnutst be provided as follows: 4. Professional Liability Insum•ance, 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 atler the certificate of Occupancy is issued. CONSTRUCTION PHASE (Il? APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates Indicating the following types of insurance coverage prior to any construction; S. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less (hall 100 percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier Comity and the SUBRI CIPIENT. & I►1 accordance with the requirements oflhe 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 DAVID LAWRENCE MENTAL HEALTH CENTER. INC. C ARP2►-02 ARP -Mental Health Smices Page 33 Packet Pg. 102171 16.D.8.d Emergency Management Agency (FEMA) as having special flood Hazards, flood insurance MIder 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) Auer the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement; 7. Workers' Compensation as required by Chapter 440, Florida Statutes, 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate, Collier County must be shown as an additional insured with respect to this coverage, 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than 100 percent of tile replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A, 1 1 . Flood Insurance Coverage for those properties found to be within a Mood hazard 7.one, for the fall 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, (,J DAVID LAWRENCE MENTAL BEALTtt CENTER, INC. ARP7€•4? ARP -Mensal HeAtthServices Page34 Packet Pg. 1022 16.D.8.d EXHIBIT 13 COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST I<OR PAYMENT SUBRECIPIENT Name: David Lawreme Mental Health Center, Inc. SUBRECIPIFNT Address: 6075 Bathey Lane Naples, Florida 34116 Project Name: David Lawrence Mental Health Center, Inc. - American Resotte Plan Project No: ARP21-02- Payment Request It Total Payment Minus Retainage Period of Availability: 07/01/2021 through 06/30/2024 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Annount 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 Refainage) $ $ By signing this rel3ort, t certify to file best of my knowledge and belief that Ihis request for payment is Vito, complcte and accurate, and the expenditures, disbursements and cash receipts are for (lie purposes and objectives set foril3 in the term and conditions of the Federal ward. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative pcnaltics for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and'Title 31, Sections 3729-3730 and 3801-3812; and/or Title V1, Chapter 68, Sections 68,081-083, and Title XLVI Chapter 837, Section 837-06). Signatnure Date Title Authorizing Grant Coordinator Authorizing Grant Accotmtant Supervisor (Approval required $15,000 and above) Division Director (Approval Required $15,000 and above) DAVID LAwRENCE WNTAL HEALTH CENTER, INC. ARNIM AR11-1.4efflal 1leal4i 5enticcs age 35 Packet Pg. 1023 16.D.8.d EXHIBIT C AMERICAN RESCUE PLAN (ARP) QUARTERLY PROGRESS REPORT Report Period: Fiscal Year: Agreement Number: ARP21-02 Subrecipient Name: David Lawrence Mental Health Center, Inc. Program: David Lawrence Mental Health Center, Inc. - American Rescue Plan Contact Name: Krista Patrick Contact Telephone Number: 239-455-8500 Activity Reporting Period Report Due Date October V — December 3151 Janua 1511 January 1st— March 315L Aril t 5l' April I11-June30'h July 151" Jul 15' --- September 30" October 151.' Characteristics Report 1. Report Selection Criteria Number of Participants by Ethnicity Current Quarter To Date Race Non- Hispanic Hispanic Nou- Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial 7.. Prniert F.Xnendltni-P..C/Within Oualified Census Tract (OCT): Category Funds Expended Current Quarter Funds Expended To Date Public Health In QCT Other In QCT Other EC 1.12 Mental Health Services Total Expenditures 3_ F,vidPnep-Raced Prniect f;xnenditnres: - -- — - -Program Name Funds Expended Current Quarter Funds Expended To Date EC 1.12 Mental Health Services DAVID LAWRENCE MENTAL. HEALTH CENTER, INC. ARP21-02 ARP -Mental Health Services Page 36 . Packet Pg. 1024 16.D.8.d Total Evidence -Based Ex enditures 4. Key Performance Indicators: Project Outcomes Component 1: 75% of individuals served in the Crisis Stabilization Units will receive evidencc-based suicide risk screening using the Colunbia- Suicide Severity Rating Scale (C-SSRS) at admission and prior to dischai e. Component 1: 75% of individuals served in the Crisis Stabilization Units will participate in evidence -based safety planning (Stanley -Brown Safety Plan) to mitigate risk factors and strengthen protective factors post discharge. Project Outputs Component 1: At least 8,500 total crisis stabilization bed days over the period of Performance. Component I; A minlmun] of 7$ persons served per year. Component 1: Readmission rates at 30-day,90-day,180-days, Evidence -Based and Impact Evaluation Team Meeting Date: Impact Evaluation Plan Detail Update; 5, Project Progress: Describe your progress and any impediments experienced during the reporting; period. xxxx Signature to follow C� DAVID LAWRF.NCE M&NTAL "PALTH CGNTRR, INC. C ARP21.02 ARP -Mental Halth Smices Page 37 Packet Pg. 1 571 16.D.8.d By sighing this report, I certify to the best of my knowledge and belief that the information contained in this report is true, complete and acerbate. I am aware that any false, fictitious, or ti-auduleht information, or the omission of any material fact, may subject me to criminal, civil, or "Idmihistrative penalties for fraud, false statements, false claims or otherwise (U.S. Code'Tit1e 18, Section 1001 and 'Title 31, Sections 3729- 3730 and 3801-3812), Signature: Printed Name: Title: Date: NOTE; This form subject to modification based on `Treasury guidance. Your f red name here represents your electronic signature. DAVID LAWRENCti AiE3NTM, IMALTI I CLNTLI1. INC. ARI'21.02+ ARP -A alal I Ieaith SeFvices Page 38 t Packet Pg. 1026 16.D.8.d EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 G R Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of Federal award amounts expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form rriay be used to monitor Florida Single Audit Act Statute 216.97 requirements._ Subreciplent Name David Lawrence Mental Health Center, Inc. First Date of Fiscal Year MMIDDIYY Fast Date of Fiscal Year MMIDDIYY Total Federal Financial Assistance Total State Financial Assistance Expended during Expended during most recently completed most recently completed Fiscal Year Fiscal Year Check A. or B. Check C if applicable A. The federallstate 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. S. 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 im lemenled. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title U1j! 1 U 'FiIR'R1W uAV1A 1.AWRENCE MENTAL 1113ALTH CENTER, 114C. ARP21-02 ARP-Menlal ] lealth Semites Page 39 Packet Pg. 1027 1li.D.8.d Exhibit E Assut•ances of Compliance with Civil Rights Requirements Assurances of Compliance with Title VI of the Civil Rights Act of 1964 As a condition of receipt of Federal financial assistance from the Department of Treasury, the SUBRECIPIENT of this Agreement (hereinafter referred to as "SUBRECIPIENT") provides the assurances stated herein. The Federal financial assistance may include Federal grants, loans, and contracts to provide assistance to the SUBRECIPIEN'f's beneficiaries, the use or rent of federal land or property at below market value, federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal Government at market value, or programs that provide direct benefits, The assurances apply to all Federal financial assistance from or funds made available through the Department ofthe Treasury, including any assistance that the SUBRECIPIENT may request in the filture. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the SUBRECIPIENT's program(s) and activity(ics), so long as any portion of the SUBRECIPIENT's program(s) or activity(ies) is Federally assisted in the manner prescribed above. I, SUBRECIPIENT ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of (lie benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 USC § 2000d et seq.), as implemented by the Department of the Treasury Title V1 regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2, SUBRECIPIENT acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to Federally assisted programs and activities for individuals who, because of national origin, have Limited English Proficiency (LEP). SUBRECIPIENT understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, SUBRECIPIENT' shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. SUBRECIPIENT understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective color imication in the Recipient's programs, services, and activities. T)AV111 LA11'RE[v'CGTt48NTALHEAUH CENTER, INC. ARP21-02 ARP -Mental Health Services Page Ito Packet Pg. 1028 1ti.D.8.d 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As For more information oil taking reasonable steps to provide meaningful access for LEP persons, please visit ht1wHwww.lcl2,gov. 4, Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of Federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. S. Recipient acknowledges and agrees that it must require any sub-gratitees, contractors, successors, transferees, and assignees to comply with assistances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assiglices. The sub -grantee, contractor; surbcono actor, transferee, and assignee shall comply with the Title V1 of the Civil Rights Pict of 1964, which prohibits recipients of Federalfinancial assistance from exelmling from a program or activity, denying benefits of, or otherwise tliscrirninating against a person on the basis of race, color, or national origin (42 USC § 2000(1 et seq.), cis implemented by the Department of the Treamny's Title Tjl regulations, 31 C'FRPart 22, which ore herein incorporated by reference and made apart of this contract (or agreement). Title I/1 also includes protectior7 to persons 114117 "Limited Rnglish Proficiency" in an), program or activity receiving Federal financial assistance, 42 USC § 2000d et seq., as implemented by the Department of Treasury's Title T11 regulations, 31 CFR Part 22, and herein incorporated by reference and rrrade a parl of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for tine period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving tine provision of similar services or benefits, If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on -site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination oil the grounds of race, color, or national origin, and limited Englisli proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on DAVID LAWRENCE MENTAL HiEAi; rH CENTER, INC. ARP21-02 ARP-MC11111 Howl Senesces Page 41 Packet Pg. 1029 16.D.8.d the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has Deceived no complaints under Title VI, 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding, If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement, If Recipient has not been the subject of any court or administration agency finding of discrimination, please so slate. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring the subrecipients also comply with Title VI and other applicable authorities covered in this document. State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights calnplialICC of subrecipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the Unites Slates may take in order to address violations of this document or applicable Federal law. Under penalty of per jury, the SUBRECIPIENT signatory to this Agreement certifics that the signatory has read and understood the SUBRECIPIENT's obligations as herein described, that any information submitted in conjunction with this assurances exhibit is accurate and complete, and that the SUBRECIPIENT is in compliance with the aforementioned nondiscrimination requirements. DAVID LAWRENCE MENTAL HEALTH CENTER, INC. ARP21.02 ARP -Mental Health SeMM t'age `tx 0, Packet Pg. 1030 16.D.8.e FAIN # SLT-1155 Federal Award Date March 11, 2021 Federal Award Agency Department of Treasury ALN Name Coronavirus Local Fiscal Recover Fund ALN # 21.027 US Treasury Expenditure Category 2.34 and 7.1 Collier County Recovery Plan Project Number 1.2 Total Amount of Federal Funds Awarded $1,500,000.00 SUBRECIPIENT Name Community Foundation of Collier County, Inc. UEI# KAU5UVKNAE81 FEIN 59-2396243 R&D No Indirect Cost Rate No Period of Performance July 1, 2022 -- June 30, 2024 Fiscal Year End 06130 Monitor End: 09/30/2024 AGREEMENT BETWEEN COLLIER COUNTY AND COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. American Rescue Plan (ARP) Act Coronavirus Local Fiscal Recovery Fund THIS AGREEMENT is made and entered into this Z1'q y da of SYT�M6EP4,2022, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 Tamiami Trail East, Suite 213, Naples, FL 34112, and Community Foundation of Collier County, Inc., (SUBRECIPIENT), having its principal office at 1110 Pine Ridge Rd, Suite 200, Naples, FL 34108. WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed into law on March 11, 2021. Included in the legislation was $350 billion Coronavirus State and Local Fiscal Recovery Fund; and WHEREAS, the COUNTY has entered into an Agreement with the United States Treasury Department (Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP), pursuant to the Coronavirus State and Local Fiscal Recovery Fund, Section 603 (c) of the Social Security Act; and WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities to assist the community in navigating the impact of the COVID-19 outbreak; and c [22-SOC-0094711741226/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. v ARP21-22 to Negative Economic Impacts - Assistance to Nonprofit Organizations page 1 Q 0 Packet Pg. 1031 16.D.8.e WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the SUBRECIPIENT, is qualified to receive Program funding; and WHEREAS, the COUNTY has created a Recovery Plan in accordance with Federal guidelines, which includes Goals, Expenditure Categories, Evidence -basis, and Key Performance Indicators (KPI) that impact the present project; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking of the American Rescue Plan (ARP) project. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and agreements herein set forth. PART SCOPE OF WORK The SUBRECIPIENT shall, in accordance with the Collier County Recovery Plan, which is the official COUNTY document guiding the use of funds, intended goals, and measurement of impact, perform the tasks necessary to conduct the program as follows: Project Name: Negative Economic Impacts — Assistance to Nonprofit Organizations Description of project and outcome: SUBRECIPIENT will provide assistance to Collier County Nonprofits for socially vulnerable individuals and families disproportionately impacted and/or impacted by COVID-I9. Individual assistance not to exceed $45,000 per nonprofit organization. Project Component One: Assistance to Nonprofit Organizations US Treasury Expenditure Category: 2.34 Collier County Recovery Plan Project Number: 1.2 Evidence Basis: N/A Project Component Two: Administrative Expenses - Provide program administration including but not limited to conducting an application process, reimbursement of grant awards, audit costs, reporting and, if necessary, provide oversight and technical assistance. US Treasury Expenditure Category: 7.1 Collier County Recovery Plan Project Number: 1.2 Evidence Basis: N/A Project Tasks: a. Task 1: Assistance to Nonprofit Organizations b. Task 2: Administrative Expenses - Provide program administration including but not limited to, conducting an application process, reimbursement of grant awards, audit costs, reporting and if necessary, provide oversight and technical assistance. [22-SOC-00947/1741225/1] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 2 Packet Pg. 1632 16.D.8.e 2. ARP Documentation Requirements Compliance Criteria: A. Activities carried out with funds provided under this Agreement will contribute to a program designed to: a. Support economic stabilization for non -profits. b. Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic. B. Evidence -Based Evidence -based interventions is a Treasury policy that pertains to projects within US Treasury Expenditure Categories 1, 2, and 3. If SUBRECIPIENT's project falls within one of these categories, SUBRECIPIENT shall identify an evidence base for the overall project, or if activities are disparate, each activity. Evidence -based refers to studies of similar projects that evaluate whether a strong or moderate connection exists between project activities and desired outcomes. For further information on evidence - based, please refer to page 33 of the Treasury Compliance and Reporting Guidance: litter. s://home.treasury.y,oy/system/files/136/SLFRF-Compliance-and-Reporting- Guidatice.pdF 1.1 GRANT AND SPECIAL CONDITIONS Performance under this Agreement is subject to 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The obligation of the COUNTY to make the Grant is subject to the following conditions precedent. A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following checked policies must be submitted within sixty (60) days of execution of this Agreement: ❑ Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Davis -Bacon Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ❑ Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ❑ Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Annual SUBRECIPIENT Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall [22-SOC-0094711741226111 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 3 �P Packet Pg. 1033 16.D.8.e attend all CHS-offered Subrecipient training relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3) sessions. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Assistance to Nonprofit Organizations $1,450,000.00 US Treasury Expenditure Category*: 2.34 Collier County Recovery Plan Project Number: 1.2 Project Component 2: Administrative Expenses - Provide program administration including but not limited to, conducting an application process, reimbursement of grant awards, audit costs, reporting and if necessary, and provide oversight and technical assistance. $ 50,000.00 US Treasury Expenditure Category*: 7.1 Collier County Recovery Plan Project Number: 3.3 Total Federal Funds: 71,500,000.00 * Expenditure Categories are subject to change based on future guidance from the U.S. Treasury Department. If that occurs, additional reporting requirements may be necessary. The SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain documentation of services to persons/business in Qualified Census Tract ❑ Maintain documentation of Evidenced -Based Programming, including performance outcomes and output ® Maintain COVID documentation ❑ Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide Quarterly project progress reports ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement Agreement execution Insurance Insurance Certificate (Exhibit A) Within thirty (30) days of Agreement execution and 122-SOC-004471174122611] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. t t, ARP21-22 ;a Negative Economic Impacts - Assistance to Nonprofit Organizations Page 't Q �0 Packet Pg. 1634 16.D.8.e Annually within thirty (30) days of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of A reement execution Project Plans and Specifications NIA NIA Subcontractor Log NIA NIA Davis -Bacon Act Certified N/A NIA Payroll Quarterly Progress Report Exhibit C Quarterly, due 10" of month followingend of quarter Annual Audit Monitoring Exhibit D Within sixty (60) days of Fiscal Report Year FY End Financial and Compliance Audit Audit, Management Letter Annually: nine (9) months after FY end for Single Audit OR one hundred eighty (180) days after FY end Program Income Reuse Plan NIA NIA C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Assistance Supporting documents to be provided Monthly invoices to Nonprofit Organizations with first submission of Exhibit B: (Exhibit B and US Treasury Expenditure * Final Application Documentation attachments) are due Category: 2.34 (Blank) by the 1S" of each Collier County Recovery Plan month Project Number: 1.2 Subsequent attachments to the monthly submission (Exhibit B) should include: *list of name(s) of Nonprofits approved, and payments inade for the reporting month * One (1) copy of each Nonprofit application. approved *invoices from the Nonprofits requesting payment *CFCC proof of payment to the Nonprofits (cancelled checklwire/credit card/bank statements) showing payment to the Nonprofit *additional documentation as requested Project Component 2: Administer Submission of a final report to include: One payment upon Aid to Nonprofits reimbursement *a cumulative list of approved and paid submission of final program. Provide program Nonprofits (including total paid per invoice within 90 administration including but not Nonprofit) days after the end of limited to, conducting an *additional documentation as requested, the agreement or all application process, funds are expended reimbursement of grant awards, At the completion of the project, whichever comes audit costs, reporting and, if Administration costs will be reimbursed first. [22-SOC-00947/174122611] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 5 lV 00 I* N IL a F_ E O W IL z O z O F_ w U z a H U) U) a z O F_ a z O t- z O CU N o� 0 N N O N t— O a c CD E t v R r .r a Packet Pg. 1035 16.D.8.e necessary, and provide oversight at 3.4% of the total amount paid to all and technical assistance. nonprofits not to exceed $50,000 US Treasury Expenditure Category: 7.1 Collier County Recovery Plan Project Number: 3.3 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall start on July 1, 2022, retroactively in accordance with ARP and Coronavirus Local Fiscal Recovery Appropriation language, and end on June 30, 2024, unless terminated earlier in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E — Cost Principles and Section 215.97(1)(d) Florida Statutes, SUBRECIPIENT may expend funds authorized by this Agreement, only for allowable costs resulting from obligations incurred during the specific agreement period. If SUBRECIPIENT complies with all requirements set forth herein, this Agreement shall terminate .Tune 30, 2024, whereupon all obligations of the SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its rights to recover any damages arising from or relating the SUBRECIPIENT's breach of any of the Grant Documents, including but not limited to this Agreement and/or any attachments hereto which occurred in whole or in part before said termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE MILLION FIVE HUNDRED THOUSAND DOLLARS and ZERO CENTS ($1,500,000.00) for use by SUB RECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). SUBRECIPIENT may use Funds only for expenses eligible under Section 603(c) of the Social Security Act, specifically the Coronavirus Local Fiscal Recovery Fund, and further outlined is US Treasury Guidance. The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to cover expenses that: A. Were incurred during the period that begins on July 1, 2022 and ends on June 30, 2024. Funds must qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of Section 603(c) of the Social Security Act. B. Examples of eligible expenses include, but are not limited to: i. Responding to or mitigating the public health emergency with respect to the COVID-19 emergency or its negative economic impacts ii. Providing government services to the extent of the reduction in revenue iii. Making necessary investments in water, sewer, or broadband infrastructure iv. Responding to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible COUNTY workers that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work. [22-SOC-009471174122W I I COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations 11agc 6 A0 Packet Pg. 1636 16.D.8.e Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted Fund shifts among line items shall not be more than 10 percent of the total funding amount and does not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with County Manager approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ARP Funds until needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred from July 1, 2022 through June 30, 2024. Invoices for work performed are required every month. If no work has been performed during a month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than ninety (90) days after the end of the Agreement. Work performed during the term of the program but not invoiced within ninety (90) days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Reimbursements will only be made for expenditures that the COUNTY provisionally determines are eligible under the ARP. However, the COUNTY's provisional determination that an expenditure is eligible does not relieve the SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined by the COUNTY or Federal government to be ineligible. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under- this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200.413. SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs incurred by SUBRECIPIENT and Contractors shall comply with 2 CFR Subpart E-Cost Principles. [22-SOC-0094711741226/1] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 7 Q tO Packet Pg. 1037 16.D.8.e 1.6 NOTICE,S Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Either party may change the address to which notices are to be sent to it by giving written notice of such change to the other parting in the manner herein provided for giving notice. Any notice, request, instruction, or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION:TBD, Grant Coordinator Collier County Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: TBD Telephone: (239) 252-1428 SUBRECIPIENT ATTENTION: Eileen Connolly-Keesler, President/CEO Community Foundation of Collier County, Inc. 1110 Pine Ridge Rd, Suite 200 Naples, Florida 34108 Email: ekeesler@cfcollier.org Telephone: (239) 649-5000 Remainder of Page Intentionally Left BIank I22-SOC-00947/1741226111 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 8 Q �O Packet Pg. 1638 16.D.8.e PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit, all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must clear any deficiencies noted in audit reports within 30 days after receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 2 CFR 200.334, Section 602(c) of the Social Security Act, and Section 119.021, Florida Statutes, to determine compliance with the requirements of this Agreement, the ARP Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by ARP regulations. B. SUBRECIPIENT agrees to execute such further documents as may be required by law or prepared by the COUNTY to confirm SUBRECIPIENT's Agreement. C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY to perform the service. D. SUBRECIPIENT shall make available at any time upon request by the COUNTY or CHS, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any Q event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of E [22-SOC-009471174122b/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. v ARP21-22 �ft5 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 9 Q �'p Packet Pg. 1039 16.D.8.e submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, and all Funds have been expended. If any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY, in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of SUBRECIPIENT upon termination of the Agreement and destroy any duplicate, exempt, and/or confidential public records that are free from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT' S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael. Brownlee(&colliercountyfl.gov, 3299 Tamiami Trail East, Naples, FL 34112. F. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt and/or confidential public records that are exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. G. Notwithstanding any provision in the Grant Documents to the contrary, SUBRECIPIENT agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder or under any other Grant Document, or any inaccuracy therein or incompleteness thereof, shall not in any way alter or affect the absolute and unconditional obligation of SUBRECIPIENT to pay and perform, in full, the obligations set forth hereunder, but any action taken or not taken by SUBRECIPIENT as a direct result of such lack or delay of notice, or of SUBRECIPIENT's good faith reliance upon a material inaccuracy therein or the material incompleteness thereof, as the case may be, shall not in and of itself, and to the extent thereof, constitute an Event of Default hereunder, so long as the SUBRECIPIENT does not otherwise have or receive notice or knowledge of the material contents or substance of such notice, or of the intended substance of any inaccurate or incomplete notice, as the case may be, and SUBRECIPIENT acts, at all times, in good faith. 2.3 MONITORING During the terns of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management [22-SOC-00947I1741226/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 10 Packet Pg. 1040 16.D.8.e Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no 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 onsite visit. The continuation of this Agreement is dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or the Treasury to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or the Treasury to monitor the SUBRECIPIENT onsite. Such site visits may be scheduled or unscheduled, as determined by CHS or the Treasury. The COUNTY will monitor SUBRECIPIENT's performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General, the Government Accountability Office, the Florida Auditor General, the COUNTY, the COUNTY's internal auditor(s), or their representatives access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False Claims and Statements, applies to the actions pertaining to this Agreement, of SUBRECIPIENT and its contractors. SUBRECIPIENT understands that making false statements or claims in connection with this award is in violation of Federal law and may result in criminal, civil, or administrative sanctions including fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards or contracts, and/or any other remedy available by law. [22-SOC-00947/1741226/tl COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. v ARP21-22 ;a Negative Economic Impacts - Assistance to Nonprofit Organizations Page I I Q �O Packet Pg. 1041 16.D.8.e SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. In accordance with 41 USC, Section 4712, SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes: a mernber of Congress or a representative of a committee of Congress; an Inspector General; the Governmental Accountability Office; a Treasury employee responsible for contract or grant oversight or management; an authorized official of the Department of Justice or other law enforcement agency; a court or grand jury; or a management official or other employee of COUNTY, SUBRECIPIENT, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 2.5 DUPLICATION OF BENEFITS In consideration of SUBRECIPIENT's receipt of Funds from the COUNTY, SUBRECIPIENT hereby assigns to the COUNTY all of its future rights to reimbursernent and all payments received from any grant, subsidized loan, or insurance policies of any type or coverage, or any reimbursement or relief program related to or administered by the Federal Emergency Management Agency, the Small Business Administration, or any other Federal or State program to the extent that proceeds paid to SUBRECIPIENT under this Agreement, and determined in the sole discretion of the COUNTY to be a Duplication of Benefits (DOB). This shall be defined as financial assistance available to the SUBRECIPIENT that can be used to pay the costs described under Project Description/Project Budget for the scope of work described in this Agreement that are to be paid for by this grant. SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from other relief or loan programs for this scope of work, which were not already described in the grant application. If some or all the proceeds are determined to be a DOB, the DOB portion shall be paid to the COUNTY forthwith. 2.6 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. [22-SOC-00947/1741226/1] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. v ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 12 Q �1 Packet Pg. 1642 16.D.8.e In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a timely manner, CHS may require a portion of the awarded grant amount to be returned to the COUNTY. CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT maybe denied future consideration asset forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail, the COUNTY may require a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed 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 the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the contract or 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. [22-SOC-0094711741226111 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 13 Q I, �Jo Packet Pg. 1643 16.D.8.e 2.7 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October. As part of the report submitted at the end of the project, SU13RF-CIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, expenditures and expenditure categories, evidence - basis, impact evaluation metrics, and Key Performance Incidators (KPI) defined by SUBRECIPIENT and the Evidence Based and Impact Evaluation Tearn. Exhibit C. contains a reporting form to be used in fulfillment of this requirement. Expenditure Categories are subject to change based on future guidance from the Treasury. If that occurs, additional reporting requirements may be necessary. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. The Federal Guidance for these activities as of August 31, 2021 exists within the "Compliance and Reporting Guide: State and Local Fiscal Recovery Funds." The COUNTY has translated these guidelines into its Recovety Plan, which outlines major Expenditure Categories, Goals, target populations served, and KPIs. SUBRECIPIENT must ensure that the project fulfills the requirements of the Recovery Play, and may need to work with the Evidence -Base and Impact Evaluation Team to fully define evidence base, KPIs, and an Impact Evaluation framework. SUBRECIPIENT should consult with the COUNTY's Grant Coordinator to determine the required inputs along these lines. SUBRECIPIENT must work with the COUNTY Evaluation and Data Analysis Team to determine sufficient evidence -base citations for project activities, and to set impact evaluation and key performance indicators. Remainder of Page Intentionally Left Blank [22-SOC-00947/1741226/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 14 Q 0 Packet Pg. 1644 16.D.8.e PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. Any assignee shall be bound by all the terms of this assigned documents. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of the ARP, Section 603 (c) of the Social Security Act. SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, including the requirement to follow the Federal procurement process. SUBRECIPIENT further agrees to utilize Funds available tinder this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY.' 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the County Manager. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local govermnental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both the COUNTY and SUBRECIPIENT. No modification or waiver of any provision of the Grant Documents, nor consent to any departure by the SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing, and such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No failure or delay on the part of the COUNTY in exercising any right, power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. [22-SOC-009471174122611] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. v ARP21-22 r .r Negative Economic Impacts - Assistance to Nonprofit Organizations Page 15 Q t �0 Packet Pg. 1l)45 16.D.8.e 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from Department of Treasury ARP grant funds, and must be implemented in full compliance with all of Department of Treasury rules and regulations and any agreement between the COUNTY and Department of Treasury governing ARP Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of Funds awarded to COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. The SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned, granted, or assigned to any party and shall in no event be used for any purpose prohibited by the Grant Documents or Regulations. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768,28, Florida Statutes. This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, Program sponsorship descriptions, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: [22-SOC-00947/1741226/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. v ARP21-22 r Negative Economic Impacts - Assistance to Nonprofit Organizations Page 16 Q Packet Pg. 1646 16.D.8.e "FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY, UNDER FEDERAL AWARD NUMBER 596000558, AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, to the genera[ public. 3.8 DEBARMENT AND SUSPENSION SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, as outlined in OMB Guidelines to Agencies on governmentwide Debarment and Suspension (non -procurement), 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Pant 180, subpart B) that the award is subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part 19. 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated if the award no longer effectuates the program goals or COUNTY priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and Treasury guidelines, policies, or directives as may become applicable at any time. B. FaiIure, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. [22-SOC DD947117A 1226/l] COMMUNITY FOUNDATION OF COLLIER COUNTY, fNC. v ARP2l-22 r Negative Economic impacts - Assistance to Nonprofit Organizations Page 17 Q Packet Pg. 1047 16.D.8.e G. failure to materially comply with the terms of any other Agreement between the COUNTY and SUBRECIPIENT relating to the project. H. SUBRECIPIENT assigns this Agreement or any money advanced hereunder or any interest herein. 1. Any representation or warranty made herein or in any report, certificate, financial statement, or other instrument furnished in connection with this Agreement or the Grant shall prove to be false in any material respect. J. If material adverse changes occur in the financial condition of the SUBRECIPIENT at any time during the Agreement, and SUBRECIPIENT fails to cure this adverse condition within thirty (30) days from the date written notice is sent by the COUNTY. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement, in whole or in part. B. Require immediate repayment to the COUNTY of all Grant funds that SUBRECIPIENT has received under this Agreement, as set forth in Section 1.4. C. Apply sanctions, if determined by the COUNTY to be applicable. D. Stop all payments, until identified deficiencies are corrected. E. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS In the event of termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination and any accounts receivable attributable to the use of Treasury Funds, per 2 CFR 200.313. The COUNTY's receipt of any Funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continually during SUBRECIPIENT's performance under the Agreement. [22-SOC-00947/1741226/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 18 O Packet Pg. 1048 16.D.8.e 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part 1), the Uniform Administrative Requirements, and Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.). 313 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 200.327) and/or Collier County's Procurement Ordinance #2017-08, as amended, as outlined below. The current purchasing thresholds are: Federal Procurement Standards: Range: Method/Competition Required $0 - $10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding Collier County Procurement Standards: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, RFP, etc. All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter contracts for goods or serviccx with the lowest, responsible, and qualified bidder. Contract administration shall be managed by SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of Treasury Funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for ARP -eligible activities, approved by COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by ARP Funds shall be reported to the COUNTY through an annual Program Income Reuse plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200,307, When program income is generated by an activity that is only partially assisted with ARP Funds, the income shall be prorated to reflect the percentage of ARP Funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's ARP program for further reallocation. [22-SOC-009471174122611] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 19 Q P►0 Packet Pg. 1049 16.D.8.e 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the expiration of the Agreement. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds that have been advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment and eligible business concerns located in, or owned in substantial part, by persons residing in the project areas shall be awarded contracts in connection with the project. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses 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 Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program Q pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's c Executive Order 11246 of September 24, 1966, as amended. SU13RF-CIPIENT shall submit a plan E 122-SOC-0094711741226/11 COMMUNITY 1.OUNDATION OF COLLIER COUNTY, INC. � c) ARP21-22 r Negative Economic Impacts - Assistance to Nonprofit Organizations Page 20 Q AO Packet Pg. 1050 16.D.8.e for an Affirmative Action Program for approval prior to the award of Funds. An Affirmative Action Program updated during the term of the Agreement must be submitted to the COUNTY within 30 days of update/modification. 3.19 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflict of interest shall be employed or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all Conflict of Interest provisions of 2 CFR 200.3I S(c), and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit the SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing, to CHS provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate - income residents of the project target area. 3.20 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not and has not used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of federal funds, as covered by 31 USC 1352, as more fully described in Section 4.32 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.21 RELIGIOUS ORGANIZATIONS ARP Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Executive Order 13279, dated December 12, 2002, as amended. SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services acid 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 [22-SOC-00947/1741226/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic impacts - Assistance to Nonprofit Organizations Page 21 Q C,�p Packet Pg. 1051 16.D.8.e religious beliefs, provided it does not use direct ARP Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ARP Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to ARP Funds in this part. Sanctuaries, chapels, or other rooms that an ARP funded religious congregation uses as its principal place of worship, however, are ineligible for ARP funded improvements. 3.22 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.23 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or pant thereof. 3.24 MISCELLANEOUS The SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. 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 the Treasury. Electronic Signatures. This Agreement, ancillary to this Agreement, and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. [22-SOC-0094711741226111 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 22 �►0 Packet Pg. 1652 16.D.8.e PART IV GENERAL PROVISIONS 4.1 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ceft-.goy/cgi-bin/text-idx?tpl=/ecfrbrowse/Titie02/2cft-200_main_02tp1 4.2 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systerns that use(s) covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as part of any system. 4.3 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act.littps:/hv-vw.hud.,Roy/sites/documents/DOC 7771.PDF https://Nvww.lustice.gov/crt/fail•-housing-act- Executive Order 11063 —Equal Opportunity in Housing https://wnxv.ai-cliives. ov/federal- register/codification/executive-order/I 1063.1rtml Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codif cation/executive-order-/I2259.iitm1 4.4 https://www.dol.gov/agencies/wlid/laws-and-regulations/laws/dbra Public Law 100-430 - the Fair Housing Amendments Act of 1988, https://xvww.licbi.tilm.nih.vov/pubmed/I2289709 4.5 Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d) et seq., and Treasury's implementing regulation at 31 CFR Part 22), as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/progranrdescriptioti/title6 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https.//%vww.dol.gov/agencies/ofccp/executive-ordei-- I 1246/as-amended EO 1 I375 and 12086: see item #8 below 4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://ivww.liud.gov/pi-ogramdescription/title6 c [22-SOC-00947/1741226/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. v ARP21-22 �ftf Negative Economic Impacts - Assistance to Nonprofit Organizations Page 23 Q c�P Packet Pg. 1053 16.D.8.e 4.8 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et. seq.) and Treasury implementing regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 llttl2s://\yww.law.cortiel l.edu/uscode/text/42/chapter-76 11246: littps://%vww.dol.gov/ofcct)/i-egs/statutes/eol 1246.htul 11375: Amended by EO 11478 11478: https://wwNv.archives.gov/federal-register/codificationi/executive-oi-der/11478.html 12107:litt s://www.arcliives. ov/federal-re istcr/codification/executive-order/12107.litml 12086: https://www.ai-cliives.gov/federal-register/codification/executive-order/12086.litml 4.9 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(h) (5),. Section 504: https://www.epa.gov/ocr 29 USC 776: littps://Iaw.onecle.corn/uscode/29/776.htnrl 4.10 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et seq, http://library.clerk.house.gov/reference-files/PPL_101_336 AtnericansWithDisabilities.pdf https://Nvwiv.law.cornell.edti/uscode/text/42/121 O1 4.11 Immigration Reform and Control Act of 1986 https://Nvww.eeoc.gov/eeoc/iiistoiy/35tli/iliclaw/irea.html 4.12 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- htts://www.lawservei,.com/law/state/florida/statutes/florida statutes chapter 112 pail iii Collier County- htt://Nvww.colliei-ov.net/home/sliowdocument?id-35137 4.13 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.14 Venue -Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). [22-SOC-00947I1741226111 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 24 Packet Pg. 1654 16.D.8.e 4.15 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall snake a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, Iitigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. littps://www.flsenate,gov/Laws/Statutes/2012/44.102 4.16 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to report each violation for the following, a. Clean Air Act, 41 USC 7401, et seq. littps://www.izovinfo.gov/coiitent/pkgAJSCODE- 20 I/USCODE-20 I 0-title42-chap85.htln htt s:/hvww.law.cornell.edu/uscode/text/421cha ter-85 b. FederaI Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.y,pvinfo.gov/coiitetit/pkp,/USCODE-2011-title331 df/USCODE-2011-title33- chap26.pdf littps://%Yww.law.coi-iiell.edu/uscode/text/3.3/cliapter-26 4.17 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701) and Treasury implementing regulations at 31 CFR Part 20. https://www.gpo. o�ys/ i-anute/USCODE-2009-title4l/USCODE-2009-title4l-chapl0- sec701 4.18 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: https://us_code.house.gov/view.xhtml?req=granuleid:USC- 1999-title40-section276a- 7&nutrl=0&edition=1999 29 CFR Part 3 - Conti -actors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.] aw.cornell.edu/cfi-/text/29/part-3 [22-SOC-00947/1741226/1] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. v ARP21-22 tea, Negative Economic Impacts -Assistance to Nonprofit Organizations Page 25 Q .AO Packet Pg. 1055 16.D.8.e 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) littps://Nvww.law.coriiell.edu/cfr/text/29/pat-t-5 4.19 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 https://www. ovg iiifo.gov/content/pkg/USCODE-2010-titictS/pdf/USCODE-2010- title l8.pdf 40 U.S.C. 276c littps://uscode.iiouse.gov/i,ieNv.xlitnil?req=gi-aiiuleid:USC- I 999-title4O- section276c&num=0&cdition= 1999 4.20 The SUBRECIPIENT agrees to comply with the Compliance with the Contract Work Hours and Safety Standards Act, as contained in 29 CFR 5.5, including overtime requirements, liability for unpaid wages, witl-tiolding of unpaid wages and responsibility for compliance by subcontractors. litt s://n,,vvw.eefi•. ov/c i-bin/text-idx?&node— t24.4.5#se24.1.5 1500 4.21 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR 200.213, These regulations restrict awards, subawards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible to [participate in Federal assistance programs and activities. Pursuant to 2 CFR Part 25, Appendix A, Universal Identifier and System for Award Management (SAM), a contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM Exclusions can be accessed at www.saiii.gov. 2 CFR 200.213 Suspension and debarment littps://www. ecfr. gov/cgi- bin/retrieveECFR? n=&S1D—c3a97c97ac42f9c05af52a7ea2f3d005&iiic=true&n=pt2.1_.200&1•—P ART&ty=HTML#se2.1.200_ 1213 https://www.arcliiyes.gov/federal-register•/codification/executive-order/i 2549.hpnl [22-SOC-00947/1741226111 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 26 Q'0 Packet Pg. 1656 16.D.8.e 4.22 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.23 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt front Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. lit(ps://xywtv.ccfr. ov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&lne=t►-ue&node=se2.1.200 I344&r n=div8 4.24 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. litt :IhvNvw.le .state.fl.us/Statutes/iiidex.cftn?A modc=Display Statute&Search Strin —&UR L=0200-0299102871Sections10287.133. html 4.25 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.26 Any rule or regulation determined to be applicable by the Treasury. [22-SOC-00947/174122611] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 27 Packet Pg. 1057 16.D.8.e 4.27 Florida Statutes It 9.021 Records Retention http://Nvww.leg.state.fl.us/Statutes/iiidex.cfin?Apt mode=Display Statute&URL-0100- 0199/01 19/Sections/0119.021. htm 1 4.28 Florida Statutes 119.061 Travel, using approved state travel voucher http://www.leg.state.fl.us/statutes/iiidex.cfin?App mode=Display�Statute&URL-_0.100- 0199/0112/Sections/0112.06 Llitm 4.29 Florida Statutes, 119.071, Contracts and Public Records lift ://Nvww.le .state.fl.US/Statutes/iiidex.cfiii?A niode=Display Statute&URL=0100- 0 1 99/0119/Sections/0119.07 l .html 4.30 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at littp://www.lep.gov. 4.31 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://oip.aov/about/oc1/pols/UseofConviction Advisory_pdf for more details. 4.32 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. littps://Nvww.law.coi-nell.edu/uscode/text/31/1352 4.33 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) [22-SOC-00947l1741226/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. v ARP21-22 ;a Negative Economic Impacts - Assistance to Nonprofit Orgmizations Page 28 Q �, NO Packet Pg. 1658 16.D.8.e committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 4.34 Political Activities Prohibited: None of the funds provided directly or indirectly under this 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. 4.35 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), the Treasury encourages recipients and SUBRECIPIENTs to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by the Treasury and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.36 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at: htts://o' ov/fundin Ex lore/ProliibitedConduct-Traffickin .htni. 4.37 Seat Belt Use: The SUBRECIPIENT agrees to encourage its contractors to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company -owned, rented, or personally owned vehicles, per Executive Order 13043, 62 FR 19217 (April 18, 1997). 4.38 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of the Treasury. 4.39 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the Treasury. 1lttps://www.ecfi,.gov/cgi- bin/retrieveECFR?-gp=&SID=a004b6bf20934ace7a7l7de761 dc64c0&1lc=t1-ue&n=pt37.1.401 &r =PART&ty=H TML [22-SOC-0094711741226/1] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 29 0;0 Packet Pg. 1059 16.D.8.e 4.40 Whistleblower Protections: a. In accordance with 41 U.S.C. § 4712, the COUNTY may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the cotupetition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: L A member of Congress or a representative of a committee of Congress; ii. An Inspector Genera[; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The COUNTY shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. (Signature Page to Follow) [22-SOC-0094711741226111 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 30 0 Packet Pg. 1060 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, F ORIDA By: aw 4 Aa4)-\� A P}atters , ounty Manager G Date: / - 1 01? C? 0 9 C12- This sub -award agreement executed by the County Manager or designee pursuant to BCC Agenda Dated 7/12/22, Item No. 16.D.7. COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. Eileen Connally-Ke , resident/CEO Date: _ - C1 - ;; � ` -; � a - [Please provide evidence of signing authority] Assistant County Attorney Date:LIZ Z V [22-SOC-00947/1741226/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 31 C'Ap Packet Pg. 1061 16.D.8.e PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 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 occurrennce/$1,000,000 aggregate providing for all suns which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than 100 percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. S. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal W E [22-SOC-00947/1741226/1] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. v ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 32 Q C� �O Packet Pg. 1062 16.D.8.e Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION{MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. S. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than 100 percent of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. II. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NF'IP). The policy must show Collier County as a Loss Payee A.T.I.M.A. [22-SOC-00947/1741226111 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. v ARP21-22 r Negative Economic Impacts - Assistance to Nonprofit Organizations Page 33 Q p,0 Packet Pg. 1063 16.D.8.e EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Community Foundation of Collier County, Inc. SUBRECIPIENT Address: 1110 Pine Ridge Rd, Suite 200, Naples, FL 34108 Project Name: Negative Economic Impacts — Assistance to Nonprofit Organizations Project No: ARP21-22 Payment Request 4 Total Payment Minus Retainage Period of Availability: 07101/2022_ through 06/30/2024 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1, Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ By signing this report, I certify to the best of my knowledge and belief that this request for payment is true, complete and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the term and conditions of the Federal award, I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812; and/or Title VI, Chapter 68, Sections 68.08 t-083, and Title XLVI Chapter 837, Section 837-06). Signature Title Authorizing Grant Coordinator Supervisor (Approval required $14,999 and below) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) [22-SOC-00947/1741226/1] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 34 Q Packet Pg. 1664 16.D.8.e EXHIBIT C AMERICAN RESCUE PLAN (ARP) QUARTERLY PROGRESS REPORT Report Period: Fiscal Year: Agreement Number: ARP21-22 Subrecipient Name: Community Foundation of Collier County, Inc. Program: Negative Economic Impact -- Assistance to Nonprofit Organizations Contact Name: Contact Telephone Number: Activi Reporting Period Report Due Date October V — December 311 Januaiy 1011 January I I — March 31 Aril 1011 April I I — June 3011 July 101, Jul V--- September 301" October I011, 1. Project Expenditures[Within Qualified Census Tract (OCT): Category Funds Expended Current Quarter Funds Expended YTD Public Health In QCT Other in QCT Other NIA Negative Economic Impacts EC 2.34 Assistance to Impacted Nonprofit Organizations Services to Disproportionately Impacted Communities NIA Total Expenditures 2. Project Expenditures: Program Name Funds Expended Current Quarter Funds Expended YTD EC 2.34 Assistance to Impacted Nonprofit Organizations Amount expended to provide salary support for Nonprofit Organizations Total Expenditures 3. Key Performance Indicators: Project Outcomes Component 1-2: Total dollar amount of salary support for Nonprofit Organizations provided for this reporting period) c [22-SOC-00947/1741226/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 ;a Negative Economic Impacts - Assistance to Nonprofit Organizations Page 35 Q C �P Packet Pg. 1065 16.D.8.e Project Outputs Component 1-2: Number of Nonprofit Organizations receiving assistance (for this reporting period) Number of Nonprofit Organizations approved to receive assistance located in QCTs for this reporting period) 4. Project Progress: Describe your progress and any impediments experienced during the reporting period. XXXX By signing this report, I certify to the best of my knowledge and belief that the information contained in this report is true, complete and accurate. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729- 3730 and 3801-3812). Signature: Printed Name: Title: Date: NOTE: This form subject to modification based on Treasury guidance. Your typed name here represents your electronic signature. [22-SOC-00947/1741226/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 36 Q �O Packet Pg. 1666 16.D.8.e EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subreciplents of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of Federal award amounts expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -- Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Name Community Foundation of Collier County, Inc. First Date of Fiscal Year MMIDDIYY Last Date of Fiscal Year MMIDDIYY Total Federal Financial Assistance Total State Financial Assistance Expended Expended during most recently completed Fiscal Year during most recently completed Fiscal Year $ $ Check A. or S. Check C if applicable A. The federallstate 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: El Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for -profit organization El ❑ 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 06118 [22-SOC-00447/1741226/ii COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 N 00 v IL a LL O W a. z O z O F- LU U z a 55 Q z O F- Q z O u_ z O U N o� 0 N N 0 N H C9 a r c m E v R Negative Economic [mpac4s - Assistance to Nonprofit Organizations page 37 Q C�,p Packet Pg. 1067 16.D.8.e Exhibit E Assurances of Compliance with Civil Rights Requirements Assurances of Compliance with Title VI of the Civil Rights Act of 1964 As a condition of receipt of Federal financial assistance from the Department of Treasury, the SUBRECIPIENT of this Agreement (hereinafter referred to as "SUBRECIPIENT") provides the assurances stated herein. The Federal financial assistance may include Federal grants, loans, and contracts to provide assistance to the SUBRECIPIENT's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal Government at market value, or programs that provide direct benefits. The assurances apply to all Federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the SUBRECIPIENT may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the SUBRECIPIENT's program(s) and activity(ies), so long as any portion of the SUBRECIPIENT's program(s) or activity(ies) is Federally assisted in the manner prescribed above. SUBRECIPIENT ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 USC § 2000d et seq.), as implemented by the Department of the Treasury Title Vl regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. SUBRECIPIENT acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to Federally assisted programs and activities for individuals who, because of national origin, have Limited English Proficiency (LEP). SUBRECIPIENT understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, SUBRECIPIENT shall initiate reasonable steps, or cornply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. SUBRECIPIENT understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. [22-SOC-00947/1741226111 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 38 Packet Pg. 1068 16.D.8.e 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit littp://www.lep.gov_. 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of Federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, successors, transferees, and assignees to comply with assistances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, transferee, and assignee shall comply with the Title VI of the Civil Rights Act of 1964, which prohibits recipients of Federal financial assistance ft•orn excluding front a prog7'am or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 USC § 2000d et seq), as itnplernented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving Federal financial assistance, 42 USC § 2000d et seq., as implemented by the Department of Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on -site compliance reviews and reporting requirements. 8. Recipient shall maintain an complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or [22-SOC-0094711741226/1] COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 39 Q Packet Pg. 1069 16.D.8.e proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administration agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring the subrecipients also comply with Title V1 and other applicable authorities covered in this document. State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement pleasures that the United States may take in order to address violations of this document or applicable Federal law. Under penalty of perjury, the SUBRECIPIENT signatory to this Agreement certifies that the signatory has read and understood the SUBRECIPIENT's obligations as herein described, that any information submitted in conjunction with this assurances exhibit is accurate and complete, and that the SUBRECIPIENT is in compliance with the aforementioned nondiscrimination requirements. [22-SOC-00447/1741226/11 COMMUNITY FOUNDATION OF COLLIER COUNTY, INC. v ARP21-22 Negative Economic Impacts - Assistance to Nonprofit Organizations Page 40 Q Packet Pg. 1070 16.D.8.f FAIN # SLT-1155 Federal Award Date March 11, 2021 Federal Award Agency Department of Treasur ALN Name Coronavirus Local Fiscal Recover Fund ALN # 21.027 US Treasury Expenditure Category (EC 2,2 Collier County Recovery Plan Project Number (CC 1.1) and (CC 1.6) Total Amount of Federal Funds Awarded $295,000.00 SUBRECIPIENT Name Housing Development Corporation of SW Florida, Inc, d/b/a HELP DUNS# 83 018133 0 FEIN 38-3695928 R&D N/A Indirect Cost Rate N/A Period of Performance February 1, 2022 — December 31, 2024 Fiscal Year End December 31 st Monitor End; June 30, 2025 AGREEMENT BETWEEN COLLIER COUNTY AND HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DB/A HELP American Rescue Plan (ARP) Act Coronavirus Local Fiscal Recovevy Fund THIS AGREEMENT is made and entered into this O'day of _....Pi'(t,�.t ) 2022, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Housing Development Corporation of SW Florida, Inc. d/b/a HELP, (SUBRECIPIENT), having its principal office at 3200 Bailey Lane, Suite 109, Naples FL 34105. WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed into law on March 11, 2021. Included in the legislation was $350 billion to establish the Coronavirus State and Local Fiscal Recovery Fund (SLRF); and WHEREAS, the COUNTY has entered into an Agreement with the United States Treasury Department (Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP), pursuant to the Coronavirus State and Local Fiscal Recovery Fund (SLRF), Section 603 (c) of the Social Security Act; and WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities to assist the community in navigating the impact of the COVID-19 outbreak; and HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DB/A HELP ARP21-I9 Oka ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1071 16.D.8.f WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the SUBRECIPIENT, is qualified to receive Program funding; and WHEREAS, the COUNTY has created a Recovery Plan in accordance with federal guidelines, which includes Goals, Expenditure Categories, Evidence -basis, and Key Performance Indicators (KPI) that impact the present project; and WHEREAS, the COUNTY and the SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking of the American Rescue Plan (ARP) project. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and agreements herein set forth. PART SCOPE OF WORK The SUBRECIPIENT shall, in accordance with the Collier County Recovery Plan, which is the official r COUNTY document guiding the use of funds, intended goals, and measurement of impact, perform the N tasks necessary to conduct the program as follows: a- W Project Name: Component 1: American Rescue Plan Modgage, and Utility Assistance - to aI mitigate increased housing instability for individuals and families hardest hit by COV- I9. This w ED is a direct grant assistance program. _ to Description of project and outcome: Funds for these projects implemented by HELP Inc., will A provide Collier County residents with mortgage and/or utility assistance, assist with application N processing, and housing navigation to mitigate increased housing instability. N The mortgage and/or utility assistance application processing program is designed to assist homeowners residing in Collier County who are delinquent on mortgage and/or utility payments Q due to COVED-19 impacts. Utility assistance includes electric and/or water. Household income qualifications cannot exceed 140 percent of the Area Median Income (AMI). Financial assistance through this program cannot exceed $25,000.00, which includes mortgage r and/or utility assistance, per Household. Homeowners are required to participate in housing Q counseling services. Assistance will be provided on a first -come, first qualified, first served basis. SUBRECIPIENT must process applications and submit them for approval through the Coastal Cloud software online application system provided by Collier County Community and human Services (CHS). SUBRECIPIENT shall facilitate document submission and work directly with applicants to complete the application process. SUBRECIPIENT will receive Four Hundred Ninety -Five Dollars and zero cents ($495.00) per approved, financially assisted, and housing counseld applicant. HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP ARP21-19 ARP- Mortgage and Utility Assistance acid Eviction Diversion Progranj- Housing Navigator Packet Pg. 1072 16.D.8.f Component 2t American Rescue Plan -- Housing Assistance -Eviction Prevention (Housing Navigators) - The housing navigator services will complement CC.1.6-Housing and Rental Assistance, in the form of "navigators" who will assist persons at risk of eviction, or whom are facing imminent or pending evictions, with navigating the Collier County Courts system and eviction process. The navigator will attempt to obtain a resolution between landlord and tenant; therefore, entering into a negotiated payment resolution plan and other means of avoiding loss of housing. The navigator may also assist the applicant with locating housing, revieiwing lease agreements, and working with other rental assistance programs to ensure housing stability. Project Component One: Mortgage and/or Utility assistance application processing. US Treasury Expenditure Category: EC2.2 Collier County Recovery Plan Project Number: CC 1.1 Evidence -Based: EC 2.2: A study of housing assistance programs during COVID-19 found that "many programs were ultimately successful in serving households within a limited time period." Partnering with local nonprofits led to better outcomes. Reina, Ellen Aurand et.al. "COVID-19 Emergency Rental Assistance: Analysis of aNational Survey of Programs" 2021 Web Link Project Component Two: Eviction Diversion Program — Housing Navigators US Treasury Expenditure Category: EC 2.2 Housing Assistance — Eviction Prevention Collier County Recovery Plan Project Number: CC 1.6 — Housing Navigators Evidence -Based: The Pew Results First Clearninghouse provides that "legal support in eviction proceedings" holds the second highest evidence -based rating. Web Link. SUBRECIPIENT will provide Evidence -Based proof from its own academic sources, or from the Pew Results First Clearningliouse or similar platform, and may work with Collier Impact Evaluation Team (CC 3.5) to define an evaluation plan for funded projects. Project Tasks: Component One Task 1: Receive, review, and process all mortgage and/or utility applications for assistance, along with housing counseling services. Task 2: Submit quarterly progress report, as provided in Exhibit C Component Two Task 1: Submit quarterly progress report, as provided in Exhibit C, including any supporting documents as evidenced by invoice, housing navigator roster, and any other additional documentation as requested. Task 2: Assist persons at risk of eviction or facing imminent or pending evictions, with navigating the Collier County Court system and eviction process and may also provide housing location services, lease review, and referral and/or assistance with other rental assistance poviders. 2. ARP Documentation Requirements Compliance Criteria: A. Activities carried out with SLFRF funds provided under this Agreement will contribute to a program designed to; HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/BJA HELP ARP21-19 ARP- Mortgage mid Utility Assistaisce acid Eviction Diversion Program Housing Navigator Packet Pg. 1073 16.D.8.f a. Under EC 2.2-Negative Economic Impacts- A total of $100,000.00 will be made available to assist individuals and households with processing an application for mortgage and/or utility assistance. b. Support immediate economic stabilization for households having experienced an economic impact due to the COVID 19 pandemic. a Under EC 2.2-Negative Economic Impacts- A total of $195,000,00 will be made available to assist households with housing navigator services for landlord/tenant remediation and payment Resolution to prevent evictions and keep applicants in their homes, or assist applicants with locating and securing new housing. d. Provide housing counseling services to all individuals and households assisted with mortgage and/or utility assistance. e. Document key performance indicators allocated to evidence -based interventions to include both output and outcome measures, primarily for individuals and families having experienced a negative economic impact due to the COVID 19 pandemic. B. Evidence -Based Evidence -based interventions is a Treasury policy that pertains to projects within US Treasury Expenditure Categories 1, 2, and 3. If SUBRECIPIENT'S project falls within this category, SUBRECIPIENT shall identify an evidence base for the overall project, or if activities are disparate, each activity. An Evidence -based refers to studies of similar projects that evaluate whether a strong or moderate connection exists between project activities and desired outcomes. For further information on evidence -base, please refer to page 33 of the Treasury Compliance and Reporting Guidance: htts:l/hame.treasur . ov/s stem/files/136/SLl{RF-Com fiance -and -Re ortin Guidance. df 1.1 GRANT AND SPECIAL CONDITIONS Performance under this Agreement is subject to 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The obligation of the COUNTY to make the Grant is subject to the following conditions; A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following checked policies must be submitted within sixty (60) days of execution of this Agreement, ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy �] Davis -Bacon Policy [] Uniform Relocation Act Policy ® Sexual Harassment Policy Section 3 Policy ® Section 504/ADA Policy HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DB/A HELP ARP21-19 ARP- Mortgago and Utility Assistance and Eviction Diversion Program- Housing Navigator � Packet Pg. 1074 16.D.8.f ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Annual SUBRECIPIENT Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend all CHS-offered Subrecipient training, relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3) sessions. 1.2 PROJECT DETAILS A. Project Description/Project Budget Descri tion Federal Amount Project Component 1: Process and submit mortgage and $100,000.00 utility assistance applications and housing counseling services US Treasur Ex enditure Cate at *: EC 2.2 Collier Counly Recover Plan Project Number; CC 1.6 Project Component 2: Personnel salaries for I and .5 FTE $195,000.00 employees as housing navigators, not to exceed $65,000.00 each year for the duration of the Agreement. US Treasury Expenditure Cate or Collier County RecoverY Plan Project Number: CC 1.6 Total Federal Funds: $ 29S,000.00 f• h TT Treasui * Expenditure Categories are subject to change based on future. guidance rom t e y Department. If that occurs, additional reporting requirements may be necessary. The SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain documentation of services to persons/business in Qualified Census Tract Maintain documentation of Evidenced -Based Programming including performance � outcomes and output a r ® Maintain COVID documentation ® Maintain and provide to the COUNTY, as requested, beneficiary and/or income E certification documentation ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location Q ® ® Provide Monthly project progress reports Ensure attendance by a representative from executive management at scheduled ❑ partnership meetings, as requested by CHS Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation HOUSING DEVELOPMENT CORPORATION OP SW FLORIDA, INC. DB/A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1075 16.D.8.f B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 A reement A reement execution Insurance Insurance Certificate (Exhibit A Within thirty (30) days of Agreement execution and Annually within thirty (30) days of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of A reement execution Project Plans and Specifications N/A NIA Subcontractor Log N/A NIA Davis -Bacon Act Certified N/A N/A payroll Quarterly Progress Report Exhibit C Quarterly, due 10" of month followingthe end of quarter Annual Audit Monitoring Exhibit D Within sixty (60) days of Report Agreement execution and each Fiscal Year (FY) End until the end of the a reement term Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after backup documentation FY end for Single Audit OR one hundred eighty (180) days after FY end �—PrograiIncome Reuse Plan NIA NIA C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Processing Submission of monthly invoices and Submission of of mortgage and utility assistance supporting documents must be provided, monthly invoices, due applications, using the Costal as evidenced by a report of approved and no later than 30 days Cloud platform financially assisted households and a after the end of the US Treasury Expenditure copy of the signed housing couseling prior month. Category: EC 2.5 certificate, and any other documentation Collier County Recovery Plan as requested. (Exhibit B) Pro'ectNumber: CC 1.6 Project Component 2: Personnel Submission of supporting documents Submission of Expenses for housing navigators. must be provided as backup; timesheet, monthly invoices due US Treasury Expenditure payroll register, proof of payroll no later than 30 days Category: EC 2.5 disbursement, housing navigator roster by after the end of the Collier County Recovery Plan navigator, and any other additional prior month. Project Number: CC 1.6 documentation as requested. (Exhibit B) c a� E a� L Q c a� .Q m a� LL W U- J to N 00 v a a a i J w x m A O N N O N a c m �a r Q HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP ARP21-19 ARP- Mortgage wd Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1076 16.D.8.f 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT'S services shall start on February 1, 2022, in accordance with ARP and Coronavirus Local Fiscal Recovery Appropriation, and shall end on December 31, 2024 unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E — Cost Principles and Section 215.97(1)(d) Florida Statutes, SUBRECIPIENT, may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specific Agreement period. If SUBRECIPIENT complies with all requirements set forth herein, this Agreement shall terminate, December 31, 2024, whereupon all obligations of SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its rights to recover any damages arising from or relating the SUBRECIPIENT'S breach of any of the Grant Documents, including but not limited to this Agreement and/or any attachments hereto, which occurred in whole or in part before said termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available TWO HUNDRED NINETY-FIVE THOUSAND DOLLARS and 00 CENTS ($295,000.00) for use by SUBRECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the Funds). SUBRECIPIENT may use Funds only for expenses eligible under Section 603(c) of the Social Security Act, specifically the Coronavirus Local Fiscal Recovery Fund, and further outlined under US Treasury Guidance. The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to cover expenses that: A. Were incurred during the period that begins on February 1, 2022 and ends on December 31, 2024. Funds must qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of Section 603(c) of the Social Security Act. B, Examples of eligible expenses include, but are not limited to: i. Responding to or mitigating the public health emergency with respect to the COVID-19 emergency or its negative economic impacts ii. Providing government services to the extent of the reduction in revenue iii. Making necessary investments in water, sewer, or broadband infrastructure iv. Responding to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible COUNTY workers that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work. Modification to the Budget and Scope may only be made if approved in advance by COUNTY. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with County Managaer approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CBS. SUBRECIPIENT may not request disbursement of ARP Funds until Funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. DOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP ARP2I-I9 ARP- Mortgage and Utility Assistaaice and Eviction Diversion Program- Housing Navigator Packet Pg. 1077 16.D.8.f SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred from February 1, 2022 through December 31, 2024. Invoices for work performed are required every month. If no work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested, as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than ninety (90) days after the end of the Agreement. Work performed during the term of the program but not invoiced within ninety (90) days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be, authorized, in writing, by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Reimbursements will only be made for expenditures that the COUNTY provisionally determines are eligible under the ARP. However, the COUNTY's provisional determination that an expenditure is eligible does not relieve SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined, by the COUNTY or Federal government, to be ineligible. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost altowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93, Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200.413. SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.327, Allowable costs incurred by SUBRECIPIENT and its Contractors shall comply with 2 CFR Subpart E-Cost Principles. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Either party may change the address to which notices are to be sent to it by giving written notice of such change to the other parting in the manner herein provided for giving notice. Any notice, request, instruction, or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/BIA HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1078 16.D.8.f individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Loretta Blanco, Grant Coordinator Collier County Community and Human Sezvices Division 3339 E Tamiami Trail, Suite 213 Naples, Florida 34112 Email: loretta.blanco@colliereountyfl.gov Telephone: (239) 252-2675 SUBRECIPIENT ATTENTION: Michael Puchalla, Executive Director Housing Development Corporation of SW Florida, Inc. DfB1A HELP 3200 Bailey Lane, Suite 109 Naples, Florida 34105 Email: micliael@collierhousing.com Telephone: (239)434-2397 Remainder of Page Intentionally Left Blank HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D181AHELP ARP21-19 [� Housing Navigator ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Packet Pg. 1079 16.D.8.f PART 1L'1 GRANT CONTROL REQU0EM'NTS 2.1 AUDITS At any time during normal business [lours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall malce available for review, inspection, or audit, all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must clear any deficiencies noted in audit reports within 30 days after receipt of the report. SUBRECIPIENT'S failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of firture payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning subrecipient audits, The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 2 CFR 200.334, Section 602(c) of the Social Security Act, and Section 119,021, Florida Statutes, to determine compliance with the requirements of this Agreement, the ARP Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by ARP regulations. B. SUBRECIPIENT agrees to execute such further documents as may be required by law or prepared by the COUNTY to confirm SUBRECIPIENT' S Agreement. C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. D. SUBRECIPIENT shall make available to the COUNTY or CHS, at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the 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 snatching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under tine provisions of this Agreement. E. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of 1-i0US1NG DEVELOPMENT CORPORATION Or SW FLORIDA,1 DBIA 11EI P ARP21-19 ARP- Mortgage and utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1080 16.D.8.f submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, and all funds have been expended, unless any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If 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, and/or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239- 252-6832, Michael.Cox colliercountyfl ov, 3299 Tamiami Trail E, Naples FL 34112. F. SUBRECIPIENT shall provide the public with access to public records on the salve terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt and/or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. G. Notwithstanding any provision in the Grant Documents to the contrary, SUBRECIPIENT agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder or under any other Grant Document, or any inaccuracy therein or incompleteness thereof, shall not in any way alter or affect the absolute and unconditional obligation of the SUBRECIPIENT to pay and perform, in full, the obligations set forth hereunder, but any action taken or not taken by SUBRECIPIENT as a direct result of such lack or delay of notice, or of the SUBRECIPIENT'S good faith reliance upon a material inaccuracy therein or the material incompleteness thereof, as the case may be, shall not in and of itself, and to the extent thereof, constitute an Event of Default hereunder, so long as SUBRECIPIENT does not otherwise have or receive notice or knowledge of the material contents or substance of such notice, or of the intended substance of any inaccurate or incomplete notice, as the case may be, and SUBRECIPIENT acts, at all times, in good faith. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT' S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for HOUSING DEVELOPMENT CORPORATION Or SW FLORIDA, INC. DB/A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1081 16.D.8.f Subrecipients exempt from Single Audit) after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY'S discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or the Treasury to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or the Treasury to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or the Treasury. The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General, the Government Accountability Office, the Florida Auditor General, the COUNTY, the COUNTY's internal auditor(s), or their representatives access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT' S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall frilly cooperate with COUNTY' S efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBREICIPIENT acknowledges that .31 USC Chapter 38, Administrative Remedies for False Claims and Statements, applies to the actions of the SUBRECIPIENT and its contractors pertaining to this Agreement,. SUBRECIPIENT understands that making false statements or claims in connection with this award is in violation of Federal law and may result in criminal, civil, or administrative sanctions including fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards or contracts, and/or any other remedy available by law. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation, to the COUNTY or any appropriate law enforcement authority, if the report is made in good faith. IIOUSING DEVELOPMENT CORPORATION OF sw FLORIDA, ]NC. D/r3/A 14 LP ARP21-19 a ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1082 16.D.8.f In accordance with 41 USC Section 4712, SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of tie list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal Funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes: a member of Congress or a representative of a committee of Congress; an Inspector General; the Governmental Accountability Office; a Treasury employee responsible for contract or grant oversight or management; an authorized official of the Department of Justice or other law enforcement agency; a court or grant jury; or a management official or other employee of COUNTY, SUBRECIPIENT, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 2.5 DUPLICATION OF BE' NE In consideration of SUBRECIPIENT' S receipt of funds from the COUNTY, SUBRECIPIENT hereby assigns to the COUNTY all of its future rights to reimbursement and all payments received from any grant, subsidized loan, or insurance policies of any type or coverage, or any reimbursement or relief program related to or administered by the Federal Emergency Management Agency, the Small Business Administration, or any other Federal or State program to the extent that proceeds paid to SUBRECIPIENT under this Agreement, and determined in the sole discretion of the COUNTY, to be a Duplication of Benefits (DOB). This shall be defined as financial assistance available to the SUBRECIPIENT that can be used to pay the costs described under Budgeted Costs for the scope of work described in this Agreement that are to be paid for by this grant. SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from other relief or loan programs for this scope of work, which were not already described in the grant application. If some of all the proceeds are determined to be a DOB, the DOB portion shall be paid to the COUNTY forthwith. 2.6 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DBIA HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 108TIP 16.D.8.f �. Initial noncompliance may result in COUNTY issuing Findings or Concerns to SUBRECIPIENT, requiring SUBRECIPIENT to submit a corrective action plan to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be field until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance {TA} to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2, If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a timely matirier, CBS may require a portion of the awarded grant amount be returned to the COUNTY. CBS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No, 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CBS of their substantial noncompliance by certified mail, the COUNTY may require a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed, to be returned to the COUNTY. • CBS may require upwards of 10 percent of the award amount to be returned to the COUNTY, at the discretion of the Board, • The SUBRECIPIENT will be considered in violation of Resolution No, 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CBS may recommend the Agreement or award be terminated. • CBS will make a recommendation to the Board to immediately terminate the contract or Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CBS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If 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. HOUSING DEVELOPMENT CORPOiZATION OF SW FLORJDA, INC, DB/A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program Housing Navigator Packet Pg. 1084 16.D.8.f 2.7 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 1 Oth day of January, April, July, and October, As part of the report submitted at the end of the project, SUBRECIPIENT agrees to include a comprehensive final report covering the agrecd-upon Program objectives, activities, expenditures and expenditure categories, evidence - basis, impact evaluation metrics, and ICey Performance Incidators (KPI) defined by SUBRECIPIENT and the Evidence Based and Impact Evaluation Team. Exhibit C contains a reporting form to be used in fulfillment of this requirement. Expenditure Categories are subject to change based on future guidance from the Treasury. If that occurs, additional reporting requirements may be necessary. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or 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. The Federal Guidance for these activities as of August 31, 2021 exists within the "Compliance and Reporting Guide: State and Local Fiscal Recovery Funds." The COUNTY has translated these guidelines into its Recovery flan, which outlines major Expenditure Categories, Goals, target populations served, and KPIs. SUBRECIPIENT must ensure that the project fulfills the requirements of the Recovery Plan, and may need to work with the Evidence -Base and Impact Evaluation Team to fully define evidence base, KUs, and an Impact Evaluation framework. SUBRECIPIENT should consult with the COUNTY's Grant Coordinator to determine the required inputs along these lines. SUBRECIPIENT must work with the COUNTY Evaluation and Data Analysis Team to determine sufficient evidence -base citations for project activities, and to set impact evaluation and ley performance indicators. Remainder of Page Intentionally Left Blank HOUSING DEVELOPMENT CORPORATION Or SW FLORIDA, INC. D/B/A H _LP ARP2I-19 ARP- Mortgage and Utility Assistance mid Eviction Diversion Program- Housing Navigator Packet Pg. 1085 16.D.8.f PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY'S sole discretion and judgment. Any assignee shall be bound by all the terms of this and assigned documents. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of the ARP, Section 603 (c) of the Social Security Act. SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, including the requirement to follow the Federal procurement process. The SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. 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 SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY' S governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a charge in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. No modification or waiver of any provision of the Grant Documents, nor consent to any departure by SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing, and such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No failure or delay on the part of the COUNTY in exercising any right, power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. rioUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DB/A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- mousing Navigator - Packet Pg. 1086 16.D.8.f 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from Department of Treasury ARP grant funds, as provided by the Department of Treasury, and must be implemented in full compliance with all of Department of Treasury rules and regulations and any agreement between COUNTY and the Department of Treasury governing ARP Funds pertaining to this Agreement. In the event of curtailment or non production of said Federal Funds, or the reduction of Funds awarded by the Department of Treasury to COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial sources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned, granted, or assigned to any party and shall in no event be used for any purpose prohibited by the Grant Documents or Regulations. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: HOUSING DF-VELOPMENT CORPORATION OF SW FLORIDA, INC. DIi3/A HELP ARP21-19 ARP- Mortgage and Utility Assistance acid Eviction Diversion Progrwn- Housing Navigator Packet Pg. 1087 16.D.8.f "FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY, UNDER FEDERAL AWARD NUMBER 1.505-02.71, AND COLLIER COUNTY COMMUNITY AND ITUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, to the general public. 3.8 DEBARMENT AND SUSPENSION SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, as outlined in OMB Guidelines to Agencies on governmentwide Debarment and Suspension (non -procurement), 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part 19. 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.340, this 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, if in the case of a partial termination, the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated if the award no longer effectuates the program goals or COUNTY priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix 11(A): A. Failure to comply with ally of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and Treasury guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement. C. Ineffective or improper use of Funds provided under this Agreement. D, Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. DOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/BIA HELP ARP21-19 ARP- Mortgage and Utility Assistance acid Eviction Diversion Progrtuu- Housing Navigator Packet Pg. 1088 16.D.8.f G. Failure to materially comply with the terms of any other Agreement between the COUNTY and SUBRECIPIENT relating to the project. H. The SUBRECIPIENT assigns this Agreement or any money advanced hereunder or any interest herein. I. Any representation or warranty made herein or in any report, certificate, financial statement, or other instrument furnished in connection with this Agreement or the Grant shall prove to be false in any material respect. S. If material adverse changes occur in the financial condition of the SUBRECIPIENT at any time during the Agreement, and SUBRECIPIENT fails to cure this adverse condition within thirty (30) days from the date written notice is sent by the COUNTY. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies in compliance with 2 CPR 200, Appendix II (B): A. Require specific performance of the Agreement, in whole or in part. B. Require immediate repayment to the COUNTY of all Grant Funds that SUBRECIPIENT has received under this Agreement, as set forth in Section 1.4. C. Apply sanctions, if determined by the COUNTY to be applicable. D. Stop all payments until identified deficiencies are corrected. E. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination and any accounts receivable attributable to the use of Treasury Funds, per 2 CPR 200,313. The COUNTY' S receipt of any funds on hand at the time of termination shall not waive the COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/HIA HELP ARP21-I9 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. T1089 16.D.8.f insurance shall be carried continually during SUBRECIPIENT'S performance under the Agreement. 3.12 ADACMSTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, and Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.). 3.13 PURCHASING SU 3RECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 200.327) and/or Collier County's Procurement Ordinance ##2017-08, as amended, as outlined below. The current purchasing thresholds are: 1~eaeral Procuruinunt aiandaiva. Range: Method/Competition R aired $0 - $10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding Collier Coun Procurement zstanaaras, Competition Required Range; $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP, etc. All items specified in Pant I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be conducted by SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (I) and 2 CFR 200.323. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of Treasury Funds disbursed under this Agreement, such Program Income shall be utilized by SUBRECIPIENT for ARP -eligible activities, approved by COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity fielded by ARP Funds shall be reported to the COUNTY through an amlual Program Income Re -use plan, utilized by SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307. When program income is generated by an activity that is only partially assisted with ARP funds, the income shall be prorated to reflect the percentage of ARP funds used. TiousING DF-VFLOPMEhIT CORPORATION OF SW FLORIDA, INC. DBIA HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Dousing Navigator Packet Pg. 1090 16.D.8.f In the event there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY'S ARP program, for further reallocation. Purchase of Equipment: Equipment under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with ARP Funds shall be used to navigate the impact of the COVID- 19 outbreak, during the term of this Agreement. If the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 603 (c) of the Social Security Act, SUBRECIPIENT may retain the asset. If such assets are disposed of prior to October 31, 2024, the proceeds would be subject to the restrictions on the eligible use of payments from the Funds provided by section 603 (c) of the Social Security Act. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the closeout monitoring has been completed. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, 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 21597, Florida Single Audit Act, Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment and eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 317 OPPORTUNITIES FOR SMALL AND MINORITYIWOMEN 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 Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DIB/A HELP ARP21-19 ARP- mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1091 �j 16.D.8.f Americans, Asian -Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it shall be committed to carrying out an Affirmative Action Program pursuant to the COUNTY's specifications, in beeping with the principles as provided in President's Executive Order 11246 of September 24, 1966, as amended. Prior to the award of Funds, SUBRECIPIENT shall submit an Affirmative Action Program plan for approval. An Affirmative Action Program updated during the term of the Agreement must be, submitted to the COUNTY within 30 days of update/modification. 3.19 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement, and SUBRECIPIENT shall not employ or subcontact any person having a conflict of interest. SUBRECIPIENT covenants that it will comply with all Conflict of Interest provisions of 2 CFR 200.318(c), and the State and County statutes, regulations, ordinances, or resohttions governing conflicts of interest. SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY'S sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing, to CHS; provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate - income residents of the project target area. 3.20 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not and has not used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, as more fully described in Section 4.32 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.21 RELIGIOUS ORGANIZATIONS ARP Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Executive Order 13279, dated December 12, 2002, as amended. SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: EOUSWG DEVELOPMENT CORPORAVON OF SW FLORIDA, INC. D113/A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1092 16.D.8.f A. It will not discriminate against any employce or applicant for employment and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct ARP Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ARP funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ARP funds in this part. Sanctuaries, chapels, or other rooms that an ARP funded religious congregation uses as its principal place of worship, however, are ineligible for ARP funded improvements. 3.22 INCIDENT REPORTING If services to clients are provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.23 SEVERABILITY Should any provision of the Agreement be determined to be, unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 3.24 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information on tl-te Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and that its governing body i authorized execution aof cceptance is Agreement. l 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. 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 HOUSING DEVELOPMENT CORPORATION Or SW FLORIDA, INC. D1B/A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Bviction Diversion Program- Housing Navigator Packet Pg. 1093 ' 16.D.8.f Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the Treasury, Electronic Signatures. This Agreement, ancillary to this Agreement, and related documents entered into in connection with this Agreement are signed when a patty's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank HOUSING DEVELOPMENT CORPORATCON OF SW FLORIDA, INC. bB/A HELP ARP21-i 9 ARP- Mortgage and Utility Assistance acid Eviction Diversion Program- Housing Navigator Packet Pg. 1094 16.D.8.f PART IV GENERAL PROVISIONS 4.1 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. htts://www.ecfr. ov/c :� i-bip/togidx?t l-/ecfrbrowselTicfr200tteo2/2main 02.t 1 4.2 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as part of any system. 4.3 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. htt s:l(www.hud, ov/sites/documents/DOC 7771.PDF lrtt s://www.justice. ov/crtlfair-housin -aci-1 Executive Order 11063 —Equal Opportunity in Housing htt s://www.archives. av/federal- re ister/codification/executive-order/11063.htm1 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs htts://www.archives. ov/federal-re isterlcodifrcation/executive-order/12259.htm1 4.4 htts://3vwrv.dol. ov/a encics/whd/laws-and-re ulations/laws/dbra Public Law 100-430 - the Fair Housing Amendments Act of 1988. htts://www.trcbi.nlnl.rrib, ov! ubined/12289709 4.5 Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d) et seq., and Treasury's implementing regulation at 31 CFR fart 22), as amended, Title VIII of the Civil Rights Act of 1968, as amended htt s:// vww.lrud, ov/ ro ramidescri tlon/title6 4.6 Executive Order 11246 (`Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: htt s:i/ vww.dol. ov/a encies/ofec //executive-order-11246/as-amended EO 11375 and 12086: see item #8 below 4.7 Title V1I of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https•//www ht d ov/ptogramdescription/title6 HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DBIA HELP ARP21-19 ARP- Mortgage and Utility Assistance and Irviction Diversion Program- Housing Navigator Packet Pg. 1095 16.D.8.f 4.8 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et, seq.) and Treasury implementing regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 htt s://www.law.aoriiell.edu/uscode/text/42/cha ter-76 11246:1ritps:l/www.--L vlofcc�/r•e s� lstatutes/eol1246.httn 11375: Amended by EO 11478 11478: htt s:lhvww.archives, ovlfederal-re ister/codificakior�/executive-ordet111478.htm1 12107: itt s:llww%w.archives. ovlfederal-re isterlcodificatiorl/executive-order/12107.html 12086: htts://www.archives. ov/federal-re ister/codification/executive-order112086.html 4.9 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5),. Section 504: htt sa4ww.epa.gov/ocr 29 USC 776: https: ti—aw.onecte.com/uscode/29/776.litml 4.10 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et seq. htt ://Iibrar .clerk.liouse. ov/reference-ftles/PPL 101 336 AmericansWithDisabilities. df htts://www.law.COrtreil.edu/uscode/text/42I12101 4.11 Immigration Reform and Control Act of 1986 htt s:/hvww.eeoc. ov/ecoc/histor /35tlr/thelaw/irca.html 4.12 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or Other item of value to any COUNTY employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- com/law/state/floridalstattites/florida statutes chapter 112 art iii htt ever. Collier County- htt ://wwrv.eollier ov.net/home/showdocument?id=3S 137 4.13 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.14 Venue -Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 0USiN© DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet 16.D.8.f 4.15 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the patties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY' S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THEE 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. litt s://www.flsenate. ov/Laws/Statutes12012/44.102 4.16 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to report each violation for the following: a. Clean Air Act, 41 USC 7401, et seq. llttps:/,..r lwww. ogyinfo ov/content/ kE;IUSCODE- 2010-title42/htm11USCODE-2010-title42-cha 85.1itm https:/lww v.law.cornell.edu/tiscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govillfO. ov/content! k IUSCODE-2011-title331 df/USCODE-2011Ttitle33- cha_p26_pd.f l ttlps:l/www.law.corelell eduluscode/text 3/3/ctiapter-26 4.17 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701) and Treasury implementing regulations at 31 CFR fart 20. s:llww o. ovlfds sl ranulelUSCODE-2009-title4l/USCODE-2009-title41-cha 10- sec701 4.18 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the: use of apprentices and trainees on federally assisted projects. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: htt s:Htiscode.liouse. ov/view.xhtn�l?re = ranuleid:USC-1999-titie40-section276a- 7&num=0&edition=1999 29 CFR Part 3 Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants fi'om the United States https://www.law.corileti.edu/cfi,/text/29/Sait-3 HOUSING DEWLOPM.BNT CORPORATION OF SW FLORIDA, INC. D/B/A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1097 16.D.8.f 29 CFR Pant 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) littps://www.law.cornell.edu/cfr/text/29/ ate-S 4.19 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the, SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U,S.C. 874 htt s:/lwww. ovinfo. ovlcontent/ k USCODE�2010-titlel8/ df/USCODE-2010- title l8.pdf 40 U.S.C. 276c htt s://uscode.hottse. ov/view.xhtMl?re = ranuleid:USC-1999-title40- section276c&num=0&edition=1999 4.20 The SUBRECIPIENT agrees to comply with the Compliance with the Contract Work Hours and Safety Standards Act, as contained in 29 CFR 5.5, including overtime requirements, liability for unpaid wages, withholding of unpaid wages and responsibility for compliance by subcontractors. htts:llw,�vw.ecfr. ov/e i-bin/text-idx?&node= t24.4.5#se24.1,5 1500 4.21 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR 200,213. These regulations restrict awards, subawards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible to [paxticipate in Federal assistance programs and activities. Pursuant to 2 CFR Part 25, Appendix A, Universal Identifier and System for Award Management (SAM), a contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM Exclusions can be accessed at www.sam. ov, 2 CFR 200,213 Suspension and debarment htt s://www.ecfr. ov/c i- :iii/retr eeveECFR7=&SID=e3a97c97ac42f9c05af52a7ea2f3d005&inc=true&n= t2.1.200&r=P ART&=HTML#se2d.200 1213 htt s.//wwrv.archives. ovlfedera[-re ister/codificationlexecuti ee-order112549,1rtml HOUSING DEVELOPMENT CORPORATION Or SW FLORIDA, INC. DIDIA HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1098 �; j 16.D.8.f 4.22 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.23 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 C.FR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. htt s://www.ecfr. ovlc i-bin/text- ode=se2.1.200 1344& idx7S1D=5a78adde£ff9a535eg3£ed3010308aef&mc=true&nrn=div8 4.24 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. htt :1/www.le .state.fl.uslStatuteslindex.cirn?A mode=Dis la Statute&Search Strin =&UR L=0200-0299/02 87/Sections/02 87.13 3 .htm i 4.25 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the malting 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 Federai contract, grant, loan, or cooperative agreement. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, file undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.26 Any rule or regulation determined to be applicable by the Treasury. - m HOUSING DEVELOPMENT Co1ZPORATION OF SW FLORIDA, INC. DB/A HELP ARP21-19 ARP- Mortgage and Utility Assistance a;td Eviction Diversion Program- Housing Navigator Packet Pg. 1099 16.D.8.f 4.27 Florida Statutes 119.021 Records Retention htt :1/www.le ,state.fl.us/Statutes/index.cftn?A mode—nodea Sta ltute &URL=010Q- 0199/0119/Sections/0119.021.littni 4.28 Florida Statutes 119.061 Travel, using approved state travel voucher litt ://www.le .stateJl.us/statutes/index.cfm?A mode—Dis la Statute&URL=0100- 0199/0112/Sections/0112,061.11ttni 4.29 Florida Statutes, 119.071, Contracts and Public Records htt :/1www.le .state.fi.uslStatuteslindex.eftxl?A mode=Dis la Statute&URL=0100- 0199/0 l 19/Sect ions/0119.071.h1m l 4.30 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at htt ://www.le ov. 4.31 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See htt s:/lo' ovlabout/ocrl dfs/UseofConviction AdvisoKy.pdf for more details. 4.32 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The, SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal Rinds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. htts://www.law.cornell.edLi/tiscode/text/31/1352 4.33 False Claim; Critninai, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds widen the False Claims Act or (ii) ROUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/BiA HELP ARP2I-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1100 (, 16.D.8.f committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement fiends. 4.34 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.35 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), the Treasury encourages recipients and SUBRECIPIENTs to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by the Treasury and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.36 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT' S obligations related to prohibited conduct related to the trafficking of persons are posted at: htt s://o' ov/fundin Ex lore/ProhibitedConduct-Traffickiti.htin. 4.37 Seat Belt Use: The SUBRECIPIENT agrees to encourage its contractors to adopt and enforce On- the-job seat belt policies and programs for their employees when operating company -owned, rented, or personally owned vehicles, per Executive Order 13043, 52 FR 19217 (April 18, 1997). 4.38 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, cither directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of O7P. 4.39 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the Treasury. litt sa/www.ecfi,ggy/cgi- biI>IretrieveECFR?=&SID=a004b�34ace7a717de761dc64c0&mc=true&n= t37.1.401&r =PART&ty=HTML HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DBIA HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1101 7 16.D.8.f 4.40 Whistleblower Prtections: a, In accordance with 41 U.S.C. § 4712, the COUNTY may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of afederal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The COUNTY shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. (Signature Page to Follow) HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC , D1BIA HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1102 16.D.8.f IN WITNESS WI LREOF, the SUBRECIPIEN`I' alai COUNTY, have each reslzectively, by all authorized persoa> of a.geljt, lsereuuder set their llands and seals on the date �li'st written above, BOARD OF 01Y, TY COMMISSIONERS OF COLLIER C FLORIDA By: a-�,.�. MA f CKSON, COUNTY MANAGER Date: 4 HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DIBIA HELP B r y:� NIICHAEL PUCHALLA, EXECUTIVE DIRECTOR Date. Approved as to form and legality: Jenni A, Belpedio t Assistant County Attorney � Cam" Date: a a t a J w x m A O N N O N H Q r c m E �a r w Q ROUSING DEVELOPMENTCORPORATION OF SW FLORIDA, INC. DIBIA KELP A MI-19 ARP- Mortgnp find Ulilily Ass€sla++ce n+zd Eviction Diversia++ Program• Hat3siug Nos lgalor 33 Packet Pg. 1103 16.D.8.f PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows; 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than 100 percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal HOUSINe DF-VELOPMENT CORPORA ORATION OF SW FLORIDA, INC. D/131A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Homing Navigator Packet Pg. 1104 16.D.8.f Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10, Property Insurance coverage on an "All Risk" basis, in an amount not less than 100 percent of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. i t . Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. b/B/A HELP ARP2149 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1105 0 16.D.8.f EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Housing Development Corporation of SW Florida, Inc, d/b/a HELP SUBRECIPIENT Address: 3200 BAILEY LANE, SUITE 109, NAPLES FL 34105 Project Name: American Rescue Plan —Mortgage and/or Utility Assistance Services to Individuals and Families Hardest Hit by COVID-19 and the Eviction Diversion Program for housing navigators. Project No: ARP21-19_ Payment Request # Total Payment Minus Retainage Period of Availability: 02/01/2022 through 03/31/2025 Period for which the Agency has incurred the indebtedness SECTION II: STATUS OF FUNDS through Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ By signing this report, I certify to the best of my knowledge and belief that this request for payment is true, complete and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the term and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3 73 0 and 3801-3812; and/or Title V1, Chapter 68, Sections 68.081-083, and Title XLVI Chapter 837, Section 837-06). Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP ARP21-19 ARP- Mortgage and Utility Assistance laid Eviction Diversion Program- Housing Navigator Packet Pg. 1106 16.D.8.f EXHIBIT C AMERICAN RESCUE PLAN (ARP) QUARTERLY PROGRESS REPORT Report Period: 02/01/2022-03/31/2022 Fiscal Year: FY Agreement Number: ARP21-19 Subrecipient Name: Housing Development Corporation of SW Florida, Inc. D/B/A HELP Program; American Rescue Plan —Mortgage and/or Utility Assistance Services to Individuals and Families Hardest Hit by COVID-19 and the Eviction Diversion Program for housing navigators. Contact Name: Michael Puchalla Contact Telephone Number: 239-434-2397 Activi Re ortin Period Re oit Due Date October I"--December3151 Januar lO'h Januar 15' �--- March 31" A ril 10" A ril V —June 30'h Jul 101' T:,hr I — Cantombew loth October 1 O'h Characteristics Report 1. 1\Gk1L1 Number of Participants by Etlinicity Current Quarter To Date Race Non- His attic Hispanic Non- Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial ' l ' l'f Census Tract (OCT): Z. rro ecc Ex Pend€tut eslWtt in Qua t te[ Funds Expended Funds Expended Category Current Quarter To Date In OCT Other In QCT Other Negative Economic Im acts EC 2.2 Mort a e and Utility Assistance EC 2.2- Eviction Prevention -Housing Navi ators HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DIBIA HELP ARP21-19 ARP- Mortgage mid Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1107 16.D.8.f 11.7 71-.�! ..E Tip`. .ail•, J. ris,vroenee-DRSeU fi l! Vil.L L7LJG17u7 LUX Program Name Funds Expended Funds Expended Current Quarter To Date FEC 2,2 Mort a e and Utili Assistance 2,2- Eviction Diversion Pro ram-Housin Navi ators V-+.,, Fly; doll 'P_ tn.QPJ rxnenriitlrres 4, Key Performance indicators: Project Outcomes Component 1: Mortgage and • 25% of persons or households served will have HH income at Utility Assistance or below 185% Federal Poverty Levels, + 25% of persons or households will receive housing case management/stability services. • 40% of persons or households receiving the maximum funding of $25,000 and still require additional financial assistance will receive a mortgage modification. 100% of persons or households served will receive financial counseling services. Component 2: Housing Funds for Personnel shall be used to identify the amount of total funds Navigators -Eviction that are allocated to evidence -based interventions and to denote areas Diversion Program where subrecipients must report on whether projects are primarily serving disadvantaged communities to support the following outcomes: • 10% of persons or households served will live in ACT's • 25% of persons or households receiving legal eviction diversion services, will receive rent assistance. • 25% of persons or households will have HH income at or below 185% of the Federal Poverty Level. • 25% of persons or households served, with an active filed eviction, will avoid an eviction 'ud ment. Pro'ect Out uts Component 1: EC 2,2- • Number of persons or households receiving mortgage, or utility Mortgage and Utility assistance, with demographic information Assistance + Number of persons or households who need mortgage modification. • Number of persons or households who received mortgage modification HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DIBIA HELP ARP2I-I9 ARP- Mortgage and Utility Assistance and Evietion Diversion Program- Housing Navigator Packet Pg. 1108 16.D.8.f • Number of persons or households who received financial :2. counselin services Component EC 2,2- Number of persons or households receiving eviction diversion services Eviction Prevention- including household income information. Housing Navigators Number of persons or households receiving rental assistance Number of persons or households with a filed eviction Number of persons or households that avoided an eviction judgment Evidence -Based and Impact Evaluation Team Meeting Date: Impact Evaluation Plan Detail Update: 5. Project Progress: Describe your progress and any impediments experienced during the reporting period, XXXX By signing this report, I certify to the best of my knowledge and belief that the information contained in this report is true, complete and accurate, I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729- 3730 and 3801-3812). Signature: Printed Name: Title: Date: NOTE: This form subject to modification based on Treasury guidance. Your typed name here represents your electronic signature. HOUSING DEVELOPMENT CORPORATION OF SW FLORMA, INC, D/BIA HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1109 16.D.8.f EXHIBIT D ANNUAL AUDIT MONITORING REPORT Check A. or B. Check C if applicable 1 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 hereby certify that the .above information is true and accurate Signature I Date Print Name and Title UOVI c HOI.I NG DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/BIA HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1110 16.D.8.f OMB Approved No. 1505-0271 Expiration Date November 30, 2021 Exhibit E Assurances of Compliance with Civil Rights Requirements Assurances of Compliance with Title V1 of the Civil Rights Act of 1964 As a condition of receipt of Federal financial assistance from the Department of Treasury, the SUBRECIPIENT of this Agreement (hereinafter referred to as "SUBRECIPIENT") provides the assurances stated herein. The Federal financial assistance may include Federal grants, loans, and contracts to provide assistance to the SUBRECIPIENT's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal Government at market value, or programs that provide direct benefits. The assurances apply to all Federal financial assistance fiom or funds made available through the Department of the Treasury, including any assistance that the SUBRECIPIENT may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the SUBRECIPIENT's program(s) and activity(ies), so long as any portion of the SUBRECIPIENT's program(s) or activity(ies) is Federally assisted in the manner prescribed above. SUBRECIPIENT ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 USC § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. SUBRECIPIENT acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to Federally assisted programs and activities for individuals who, because of national origin, have Limited English Proficiency (LEP). SUBRECIPIENT understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited. under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, SUBRECIPIENT shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. SUBRECIPIENT understands and agrees that meaningful access may entail providing HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP ARP21-19 CLRP-ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1111 0 16.D.8.f OMB Approved No. 1505-0271 Expiration Date November 30, 2021 language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3, Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities, As For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit httpry//www.lep.aov. 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of Federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, successors, transferees, and assignees to comply with assistances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees; The sub -grantee, contractor, subcontractor, transferee, and assignee shall comply with the Title VI of the Civil Rights Act of 1964, which prohibits recipients of Federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 USC § 2000d et seq), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving Federal financial assistance, 42 USC § 2000d et seq., as implemented by the Department of Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7, Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on -site compliance reviews and reporting requirements. HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DBIA HELP ARP21-19 CLRP-ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigator Packet Pg. 1112 16.D.8.f OMB Approved No. 1505-0271 Expiration Date November 30, 2021 8. Recipient shall maintain an complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI, 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administration agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring the subrecipients also comply with Title VI and other applicable authorities covered in this document. State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the Unites States may take in order to address violations of this document or applicable Federal law. Under penalty of perjury, the SUBRECIPIENT signatory to this Agreement certifies that the signatory has read and understood the SUBRECIPIENT's obligations as herein described, that any information submitted in conjunction with this assurances exhibit is accurate and complete, and that the SUBRECIPIENT is in compliance with the aforementioned nondiscrimination requirements. HOUSING DRVBLOPMENT CORPORATION OF SW FLORIDA, INC. AIBIA HELP ARP21-19 CLRP-ARP- Mortgage and Utility Assistance and Bviction Diversion Program- Housing Navigator Packet Pg. 1113 16.D.8.g FAIN # SLT-1155 Federal Award Date March 11, 2021 Federal Award Agency Department of Treasury ALN Name Coronavirus Local Fiscal Recove!y Fund ALN # 21.027 US Treasury Expenditure Category EC 2,2 Collier County Recovery Plan Project Number CC 1.6 Total Amount of Federal Funds Awarded $425,532.00 SUBRECIPIENTNarne Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County DUNS# 844481478 FEIN 59-1547191 R&D No Indirect Cost Rate No Period of Performance March 1, 2022 December 31, 2024 Fiscal Year End 12/31 Monitor End: 03/31/2025 AGREEMENT BETWEEN COLLIER COUNTY AND LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY American Rescue Plait (ARP) Act Coronavirus Local Fiscal Recovery Fund THIS AGREEMENT is made and entered into this 23 day of MItrah 2022, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Tamiarni Trail, Naples FL 34112, and Legal Aid Service of Broward County, Inc., d/b/a Legal Aid Service of Collier County, a not -for -profit organization, (SUBRECIPIENT), having its principal office at 4436 Tamiami Trail East, Naples, FL 34112, WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed into law on March 11, 2021. Included in the legislation was $350 billion Coronavirus State and Local Fiscal Recovery Fund (SLFRF); and WHEREAS, the COUNTY has entered into an Agreement with the United States Treasury Department (Treasury) for a grant to execute and implement the American Rescue Plan Act (ARP), pursuant to the Coronavirus State and Local Fiscal Recovery Fund (SLFRF), Section 603 (c) of the Social Security Act; and LEGAL AID SERVICE OF BROwARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan — Legal and Paralegal Assistance to individuals and Families Hardest Hit by COVID-19 Page 1 Packet Pg. 1114 16.D.8.g WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking eetlain activities to assist the community in navigating the impact of the COVID-19 outbreak; and WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the SUBRECIPIENT, is qualified to receive Program funding; and WHEREAS, the COUNTY has created a Recovery Plan in accordance with federal guidelines, which includes Goals, Expenditure Categories, Evidence -basis, and Key Performance Indicators (KPI) that impact the present project; and WHEREAS, the COUNTY and the SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking of the An-ierican Rescue Plan (ARP) project. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a Grant to the SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and agreements herein set forth. PART SCOPE OF WORK The SUBRECIPIENT shall, in accordance with the Collier County Recovery Plan, which is the official COUNTY document guiding the use of funds, intended goals, and measurement of impact, perform the tasks necessary to conduct the program as follows: Project Name: Foreclosure/Eviction Diversion Program providing Legal Representation for Collier County residents impacted by COVID-19. Description of project and outcome: Provide ARP funding to cover legal and paralegal services to Collier County residents at or below 140 percent Area Median Income (AMI), who are at -risk or currently facing a foreclsoure or eviction, due to the COVID-19 pandemic. Project Component One: Staffing: Salary, payroll taxes, and fringe benefits for one (1) Full Time Equivalent (FTE) Attorney and one (1) Full Time (FTE) Paralegal US Treasury Expenditure Category: EC 2.2 Collier County Recovery Plan Project Number: CC 1.6 Evidence Basis: EC 2.2: Mediation as a technique for eviction prevention has been examined and supported for efficacy by Cohen and Noble (2020)Web Lin lc , Tokarz et al (2020)Wcb Lin lc , and Benfer, Greene, and Hagan (2020) Web Link. The Pew Results First Ciearninghouse provides that "Legal support in eviction proceedings" holds the second -highest evidence -based rating. Web Link, LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP2I-03 American Rescue Plan — Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 Page 2 Packet Pg. 1115 16.D.8.g Subrecipients within this category will provide evidence -based proof from their own academic sources, or from the Pow Results First Clearinghouse or similar platform, and may work with Collier Impact Evaluation Team (CC 3.5) to define an evaluation plan for funded projects Project Component Two: Non Personnel Expenses: Travel and Equipment US Treasury Expenditure Category: EC 2.2 Collier County Recovery Plan Project Number: CC 1.6 Evidence Basis: NA Project Tasks: a, Task 1: Assist Collier County residents who are income -qualified at 140% AMI or below, who are at -risk or facing a foreclooure or eviction due to the COVID-19 pandemic. b. Task 2: Prepares documents for foreclosure, eviction cases, organizes files, conducts zoom meetings in conjunction with HELP as needed. c. Task 3: Represents applicants in court cases when needed to prevent foreclosure, eviction and homelessness within Collier County. 2, ARP Documentation Requirements Compliance Criteria: A. Activities carried out with funds provided under this Agreement will contribute to a program designed to: a. Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control. b. Support immediate economic stabilization for households. c. Address systemic economic challenges that have contributed to the inequal impact of the pandemic, d, Reduce foreclosures and evictions, reduce homelessness, protect tenants and homeowner's rights c. Assistance to substanially increase financial benefits for tenants by cancelling or reducing past due balances, reducing damages or fines owed, and reducing eviction judgements on the applicants record, B. Evidence -Based Evidence -based interventions is a Treasury policy that pertains to projects within US Treasury Expenditure Categories 1, 2, and 3. If SUBRECIPIENT's project falls within this category, SUBRECIPIENT shall identify an evidence base far the overall project, or if activities are disparate, each activity. An Evidence -based refers to studies of similar projects that evaluate whether a slrong or moderate connection exists between project activities and desired outcomes. For further information on evidence -base, please refer to page 33 of the Treasury Compliance and Reporting Guidance: litt s.-Htioine,treasur ov/s stem/files/i36/SLFRF-Com liance-and-Re ortitr - Guidance.pdf LEGAL AID SERVICE OF 13ROWARD COUNTY, INC. DIBIA LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-l9 Page 3 LAn Packet Pg. 1116 16.D.8.g 1.1 GRANT AND SPECIAL CONDITIONS Performance under this Agreement is subject to 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The obligation of the COUNTY to make the Grant is subject to the following conditions precedent. A. Within sixty (60) calendar days of execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following checked policies must be submitted within sixty (60) days of execution of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Davis -Bacon Policy ® Uniform Relocation Act Policy ® Sexual Harassment Policy ® Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Annual SUBRECIPIENT Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend all CHS-offered Subrecipient training, relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3) sessions. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Staffing -- Salary, payroll taxes, and fringe benefits for one (I) Full Time Equivalent (FTE) Attorney and one 1 Full Time FTE Paralegal $407,750.00 US Treasury Expenditure Category*: EC 2.2 Collier County Recovery Plan Project Number: CC 1.6 Project Component 2: Non -Personnel Expenses -- Travel & Equipment $17,782.00 US Treasury Expenditure Category*: EC 2.2 Collier County Recovery Plan Project Number: CC 1.6 Total Federal Funds: $425,532.00 LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan -- Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COV1D-19 Page 4 Packet Pg. 1117 16.D.8.g * Expenditure Categories are subject to change based on future guidance from the US. Treasury Department. If that occurs, additional reporting requirements may be nccessary. SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain documentatican of services to persons/business in Qualified Census Tract ® Maintain documentation of Evidenced -Based Programming including performance outcomes and output ® Maintain COVID documentation ® Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide Quarterly project progress reports ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation B. Performance Deliverables Program Deliverable Deliverablc Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement Agreement execution Insurance Insurance Certificate (Exhibit A Within thirty (30) days of Agreement execution and Annually within thirty (30) days of renewal Detailed Project Schedule Project Schedule Within sixty (6)) days of A reement execution Project Plans and Specifications Project Plans and Specification N/A Subcontractor Log Subcontractor Log N/A Davis -Bacon Act Certified Weekly Certified Payroll N/A Payroll reports, forms and supporting documentation Quarterly Progress Report Exhibit C Quarterly, due 10"' of month following end of quarter Annual Audit Monitoring Exhibit D Within sixty (60) days of Report Agreement execution and Fiscal Year FY End Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty (180) days after FY end Program Income Reuse Plan N/A N/A LEGAL AID SERVICE OF BROWARD COUNTY, INC., DBIA LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan— Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 5� Packet Pg. 1118 1 ti.D.8.g C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Staffing --- Submission of monthly invoices and Submission of Salary, payroll taxes, and fringe supporting documents must be provided, monthly invoices benefits for one (1) Full Time as evidenced by time sheets, checkstubs, within 30 days of Equivalent (FTE) Attorney and or bank statements,payroIt records, job prior month. one (1) Full Time Equivalent description (first submission only) and (FTE) Paralegal, both 100%. any other additional documentation as US Treasury Expenditure requested. (Exhibit B) Category: EC 2.2 Collier County Recovery Plan Pro'ectNumber: CC 1.6 Project Component 2: Non Submission of supporting documents Submission of Personnel Expenses -- Travel & must be provided, as evidenced by monthly invoices Equipment, receipts, invoices,mileage log, check within 30 days of US Treasury Expenditure stubs or bank statements, and any other prior month. Category: EC 2.2 additional documentation as requested. Collier County Recovery Plan (Exhibit B) Project Number: CC 1.6 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall start on March 1, 2022, in accordance with ARP and Coronavirus Local Fiscal Recovery Appropriation, and shall end on December 31, 2024 unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E — Cost Principles and Section 215.97(1)(d) Florida Statutes, SUBRECIPIENT may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specific agreement period. If SUBRECIPIENT complies with all requirements set forth herein, this Agreement shall terminate December 31, 2024, whereupon all obligations of SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its rights to recover any damages arising from or relating to SUBRECIPIENT'S breach of any of the Grant Documents, including but not limited to this Agreement and/or any attachments hereto which occurred in whole or in part before said termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FOUR HUNDRED TWENTY-FIVE THOUSAND, FIVE HUNDRED THIRTY-TWO DOLLARS and 00 CENTS ($425,532.00) for use by SUBRECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the Funds). SUBRECIPIENT may use Funds only for expenses eligible under Section 603(c) of the Social Security Act, specifically the Coronavirus Local Fiscal Recovery Fund, and further outlined is US Treasury Guidance, LEGAL Ali? SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan— Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 Page 6 Packet Pg. 1119 16.D.8.g The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to cover expenses that: A. Were incurred during the period that begins on March 1, 2022 and ends on December 31, 2024. Funds must qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of Section 603(c) of the Social Security Act. B. Examples of eligible expenses include, but are not Limited to: i. Responding to or mitigating the public health emergency with respect to the COVID-19 emergency or its negative economic impacts ii. Providing government services to the extent of the reduction in revenue iii. Making necessary investments in water, sewer, or broadband infrastructure iv. Responding to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible COUNTY workers that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work. Modification to the Budget and Scope may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ARP Funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. SUBREUPIENT may expend Funds only for allowable costs resulting from obligations incurred from March 1, 2022 through December 31, 2024. Invoices for work performed are required every month. If no work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT, when requested, as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than ninety (90) days after the end of the Agreement. Work performed during the terra of the program but not invoiced within ninety (90) days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to ally and all applicable Local, State, or Federal requirements. Reimbursements will only be made for expenditures that the COUNTY provisionally determines are eligible under the ARP. However, the COUNTY'S provisional determination that an expenditure is eligible does not relieve SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined by the COUNTY or Federal govermnent to be ineligible. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP2I-03 American Rescue Plan — Legal and Paralegal Assistance to Individuals mid Families Hardest Hit by COVID-I9 7 Packet Pg. 1120 16.D.8.g compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200,93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200,413. SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT' S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by SUBRECIPIENT and its Contractors shall comply with 2 CFR Subpart E-Cost Principles. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Either party may change the address to which notices are to be sent to it by giving written notice of such change to the other parting in the manner herein provided for giving notice. Any notice, request, instruction, or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION:Loretta Blanco, Grant Coordinator Collier County Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: loretta.blanco@collicrcountyfl.gov Telephone: (239) 252-2675 SUBRECIPIENT ATTENTION: Jeff Ahren, Director of Development Legal Aid Service of Broward County, Inc. dlbla Legal Aid Service of Collier County 4436 Tamiami Trail East Naples, Florida 34112 Email: Telephone: (239) 298-8130 LEGAL AID SERVICE OF DROWARD COUNTY, INC., DIB/A LEGAL AID SERVICE Or COLLIER COUNTY ARP21-03 American Rescue Plan -- Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 Sa Packet Pg. 1121 16.D.8.g PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit, all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must clear any deficiencies noted in audit reports trust within 30 days after receipt of the report. SUBRECIPIENT'S failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning subrecipient audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records, in accordance with 2 CFR 200.334, Section 602(c) of the Social Security Act, and Section 119.021, Florida Statutes, to determine compliance with the requirements of this Agreement, the ARP Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following; A. All records required by ARP regulations. B. SUBRECIPIENT agrees to execute such further documents as may be required by law or prepared by the COUNTY to confirm SUBRECIPIENT'S Agreement. C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. D. SUBRECIPIENT shall make available to the COUNTY or CHS, at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching fiends and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT small keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of LEGAL AID SERVICE OF BROWARD COUNTY, INC., DIBIA LEGAL AID SERVICE OF COLLIER COUNTY ARM-03 American Rescue Plan-- Legal and Paralegal Assistance to Ltdividuals and Families Hardest Hit by COVID-19 9 Packet Pg. 1122 16.D.8.g submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, and all fiends have been expended. However, if any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of SUBRECIPIENT upon termination of the Agreement and destroy any duplicate, exempt, and/or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems, IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239- 252-6832, Michael.Cox3299 Tamiami Trail E, Naples FL 34112. F. SU13RECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt and/or confidential public records that are released from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. COUNTY agrees that nothing in this Agreement shall be construed as requiring SUBRECIPIENT to give access to any personal identifying information, which is protected by the Attorney -Client privilege or by the provisions of the Rules of Professional Conduct of the Rules Regulating the Florida Bar relating to an attorney's obligation to preserve the confidences or secrets of a client. G. Notwithstanding any provision in the Grant Documents to the contrary, SUBRECIPIENT agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder or under any other Grant Document, or any inaccuracy therein or incompleteness thereof, shall not in any way alter or affect the absolute and unconditional obligation of SUBRECIPIENT to pay and perform, in full, the obligations set forth hereunder, but any action taken or not taken by SUBRECIPIENT as a direct result of such lack or delay of notice, or of SUBRECIPIENT'S good faith reliance upon a material inaccuracy therein or the material incompleteness thereof, as the case may be, shall not in and of itself, and to the extent thereof, constitute an Event of Default hereunder, so long as SUBRECIPIENT does not otherwise have or receive notice or knowledge of the material contents or substance of such notice, or of the intended substance of any inaccurate or incomplete notice, as the case may be, and SUBRECIPIENT acts, at all times, in good faith. LEGAL AM SERVICE OF BROWARD COUNTY, INC„ D[BIA LEGAL AID SERVICE OF COLLIER COUNTY ARP2I -03 American Rescue Plan-- Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 10 Packet Pg. 1123 16.D.8.g 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT'S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation Mine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY'S discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or the Treasury to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or the Treasury to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or the Treasury, The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement further defined by 2 CFR 200,332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General, the Government Accountability Office, the Florida Auditor General, the COUNTY, the COUNTY'S internal auditor(s), or their representatives access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for 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 the COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fitlly cooperate with COUNTY'S efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False Claims and Statements, applies to the actions, pertaining to this Agreement, of the SUBRECIPIENT and its contractors. SUBRECIPIENT understands that making false statements or claims in connection with this award is in violation of Federal Iaw and may result in criminal, civil, or administrative sanctions including LEGAL AID SERVICE OF HROWARD COUNTY, INC., IaB1A LEGAL AID SERVICE OF COLLIER COUNTY ARP21.03 American Rescue Plan — Legal and Paralegal Assistance to Individssals and Families Hardest Hit by COVID-19 3.1 � Packet Pg. 1124 16.D.8.g fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards or contracts, and/or any other remedy available by law. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to the COUNTY, or to any appropriate law enforcement authority, if the report is made in good faith, In accordance with 41 USC Section 4712, SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes: a member of Congress or a representative of a committee of Congress; an Inspector General; the Governmental Accountability Office; a Treasury ernployce responsible for contract or grant oversight or management; an authorized official of the Department of Justice or other law enforcement agency; a court or grant jury; or a management official or other employee of COUNTY, SUBRECIPIENT, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 2.5 DUPLICATION OF BENEFITS In consideration of SUBRECIPIENT' S receipt of funds from the COUNTY, the SUBRECIPIENT hereby assigns to the COUNTY all of its future rights to reimbursement and all payments received from any grant, subsidized loan, or insurance policies of any type or coverage, or any reimbursement or relief program related to or administered by the Federal Emergency Management Agency, the Small Business Administration, or any other Federal or State program to the extent that proceeds paid to SUBRECIPIENT under this Agreement, and determined in the sole discretion of the COUNTY to be a Duplication of Benefits (DOB). This shall be defined as financial assistance available to SUBRECIPIENT that can be used to pay the costs described under Budgeted Costs for the scope of work described in this Agreement that are to be paid for by this grant. SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from other relief or loan programs for this scope of work, which were not already described in the grant application. If some or all the proceeds are determined to be a DOB, the DOB portion shall be paid to the COUNTY forthwith. 2.6 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plaits, LEGAL AID SERVICE OF SROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan— Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 12 Packet Pg. 1125 16.D.8.g In order to effectively enforce COUNTY Resolution No. 2013-228, CBS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CBS. The escalation policy for noncompliance is as follows: Initial noncompliance may result in CBS issuing Findings or Concerns SUBRECIPIENT, who is required to submit a corrective action plan to the COUNTY within 15 days following issuance of the report. + Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. + CBS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a timely manner, CHS may require a portion of the awarded grant amount to be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount to be returned to the COUNTY, at the discretion of the Board. The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail, the COUNTY may require a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed to be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount to be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No, 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. CHS will make a recommendation to the Board to immediately terminate the contract or Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. LEGAL AID SERVICE OF BROWARD COUNTY, INC., DB/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan— Legal and Paralegal Assistance to Individuals acid Families Hardest Hit by COVID-19 33 Packet Pg. 1126 16.D.8.g If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.7 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring Endings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the loth day of January, April, July, and October. As part of the report submitted at the end of the project, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, expenditures and expenditure categories, evidence - basis, impact evaluation metrics, and Kcy Performance Incidators (KPI) defined by SUBRECIPIENT and the Evidence Based and Impact Evaluation Team. Exhibit C contains a reporting form to be used in fulfillment of this requirement. Expenditure Categories are subject to change based on future guidance from the Treasury. If that occurs, additional reporting requirements may be necessary. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. The Federal Guidance for these activities as of August 31, 2021 exists within the "Con liance and Reporting Guide: State and Local Fiscal Recovea Funds," The COUNTY has translated these guidelines into its Recovery Plan, which outlines major Expenditure Categories, Goals, target populations served, and KPIs. SUBRECIPIENT must ensure that the project fulfills the requirements of the Recovery Plan, and may need to work with the Evidence -Base and Impact Evaluation Team to fully define evidence base, KPIs, and an Impact Evaluation framework. SUBRECIPIENT should consult with the COUNTY'S Grant Coordinator to determine the required inputs along these lines. SUBRECIPIENT must work with the COUNTY Evaluation and Data Analysis Team to determine sufficient evidence -base citations for project activities, and to set impact evaluation and key performance indicators. Remainder of Page Intentionally Left Blank LEGAL AID SERVICE OF BROWARD COUNTY, INC., DIB/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescuo Plan -- Legal and Paralegal Assistance 10 Individuals and Families Hardest Hit by COVID-19 14 _ Packet Pg. 1127 16.D.8.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. Any assignee shall be bound by all the terms of this assigned documents. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of the ARP, Section 603 (c) of the Social Security Act. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, including the requirement to follow the Federal procurement process. SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3<3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S. governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, and available funding amounts, or other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. No modification or waiver of any provision of the Grant Documents, nor consent to any departure by SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing, and such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No failure or delay on the part of the COUNTY in exercising any right, power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. LEGAL AID SERVICE OF BROWARD COUNTY, INC., DIB/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan — Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 15 Packet Pg. 1128 16.D.8.g 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from Department of Treasury ARP grant fiends, as provided by the Department of Treasury, and must be implemented in full compliance with all of Department of Treasury rules and regulations and any agreement between the COUNTY and the Department of Treasury governing ARP Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of funds awarded by the Department of Treasury to COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial sources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to bold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due to the COVID-19 public health emergency, and the proceeds of the Grant will not be loaned, granted, or assigned to any party and shall in no event be used for any purpose prohibited by the Grant Documents or Regulations. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the Program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement; LEGAL AID SERVICE OF BROWARD COUNTY, INC., DIBIA LEGAL AID SERVICE OF COLLIER COUNTY ARP2l -03 American Rescue Plan — Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 16 Packet Pg. 1129 16.D.8.g "FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY, UNDER FEDERAL AWARD NUMBER 596000558, AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, to the general public. 3.8 DEBARMENT AND SUSPENSION SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, as outlined in OMB Guidelines to Agencies on governmentwide Debarment and Suspension (non -procurement), 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part 19. 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200,341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated if the award no longer effectuates the program goals or COUNTY priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix 11(A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and Treasury guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement. C. Ineffective or improper use of finds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. LEGAL AID SERVICE OF BROWAIiD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan— Legal and Paralegal Assistance to Individuals and Families hardest Hit by COVID-19 17 Packet Pg. 1130 16.D.8.g G. Failure to materially comply with the terms of any other Agreement between the COUNTY and SUBRECIPIENT relating to the project. H. Assignment of this Agreement or any money advanced hereunder or any interest herein. I. Makes any representation or warranty made herein or in any report, certificate, financial statement, or other instrument furnished in connection with this Agreement or the Grant shall prove to be false in any material respect. J. Fails to cure an adverse condition, if material adverse changes occur in SUBRECIPIENT'S financial condition at any time during the Agreement, within thirty (30) days from the date written notice is sent by the COUNTY. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement, in whole or in part. B. Require immediate repayment to the COUNTY of all Grant funds that SUBRECIPIENT has received under this Agreement, as set forth in Section 1.4, C. Apply sanctions, if determined by the COUNTY to be applicable. D. Stop all payments, until identified deficiencies are corrected. E. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION Or ASSETS In the event of a termination of this Agreement, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), SUBRECIPIENT shall, at the time of termination, immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of Treasury funds, per 2 CFR 200.313. The COUNTY'S receipt of any funds on hand at the tune of termination shall not waive the COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continually during SUBRECIPIENT'S performance under the Agreement. LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE Or, COLLIER COUNTY AR.P2l-03 American Rescue Plan — Legal and Paralegal Assistance to Individuals and Families hardest Hit by COVID-19 18 Packet Pg. 1131 16.D.8.g 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, and Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.). 3.13 PURCHASING SUBRECIPIENT is Required to follow Federal Procurement standards (2 CFR 200.318 through 200,327) and/or Collier County's Procurement Ordinance #2017-08, as amended, as outlined below. The current purchasing thresholds are: Federal Procurement Standards: Range: Method/Competition Required $0 - $10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding Collier County Procurement Standards: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB RFP, etc. All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be conducted by SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project, In accordance with 2 CFR 200,322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200,323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of Treasury Funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for ARP -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 ARP Funds shall be reported to the COUNTY through an annual Program Income Reuse plan, utilized by SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307, When program income is generated by an activity that is only partially assisted with ARP funds, the income shall be prorated to reflect the percentage of ARP fluids used. If there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY'S ARP program, for further reallocation. LEGAL AID SERVICE OF BROwARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan— Lcgal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 19 <rN Packet Pg. 1132 16.D.8.g Purchase of E ui meat: Equipment tinder the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with ARP Funds shall be used to navigate the impact of the COVID- 19 outbreak during the term of this Agreement. If the purchase of the asset was consistent with the limitations on the eligible use of Funds provided by section 603 (c) of the Social Security Act, SUBRECIPIENT may retain the asset. If such assets are disposed of prior to December 31, 2026, the proceeds would be subject to the restrictions on the eligible use of payments from the Funds provided by section 603 (c) of the Social Security Act. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the expiration of the Agreement. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, 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 fluids paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPTENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment and eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses, minority and women's E business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreemcnt, the term "small business" means a business that meets the Q criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely oil written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. LEGAL AID SERVICE OF BROWARD COUNTY, INC., DBIA LEGAL AID SERVICE OF COLLIER COUNTY ARP21.03 American Rescue Pla;j--Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 20 , Packet Pg. 1133 16.D.8.g 3.18 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY' S specifications, in keeping with the principles as provided. in President's Executive Order 11246 of September 24, 1966, as amended. SUBRECIPIENT shall submit an Affirmative Action Program plan for approval prior to the award of funds. An Affirmative Action Program updated during the term of the Agreement must be submitted to the COUNTY within 30 days of update/modification. 3.19 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement, and SUBRECIPIENT shall not employ or subcontract any person having any conflict of interest. SUBRECIPIENT covenants that it will comply with all Conflict of Interest provisions of 2 CFR 200.318(c), and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY'S sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing, to CHS provided however, that this paragraph shall be interpreted in such a (Wanner so as not to unreasonably impede the statutory requitement that maximum opportunity be provided for employment of and participation of low- and moderate - income residents of the project target area. 3,20 BY" ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not and has not used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, as more fully described in Section 4.32 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.21 RELIGIOUS ORGANIZATIONS ARP Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Executive Order 13279, dated December 12, 2002, as amended. SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit or give preference in employment to persons based on religion. LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 Ameriewi Rescue Plan -- Legal and Paralegal Assistance to Individuals acid Families Hardest Hit by COVID-19 21 c,� Packet Pg. 1134 16.D.8.g 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 early out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct ARP Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ARP Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ARP Funds in this part. Sanctuaries, chapels, or other rooms that an ARP funded religious congregation uses as its principal place of worship, however, are ineligible for ARP funded improvements. 3.22 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.23 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 3.24 NIISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the financial position of the SUBRECIPIENT. SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. 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 the Treasury. LEGAL. AID SERVICE OF BROwARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 Asnerican Rescue Plan -- Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 22 Packet Pg. 1135 16.D.8.g Electronic Signatures. This Agreement, ancillary to this Agreement, and related documents entered into in connection with this Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LECTAL AID SERVICH OF COLLIER COUNTY ARP21-03 American Rescue Phui-- Legal and Paralegai Assistance to Individuals and Families Hardest Hit by COVID-19 23 0K, Packet Pg. 1136 16.D.8.g PART TV GENERAL PROVISIONS 4.1. 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. litti)s://www.cefr.gov/cgi-bin/text-idx?tp1=/ecfrbi,owse/Title02/2cf,200gmain 02.tpl 4.2 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as part of any system. 4.3 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://,,vww.hud.gov/sites/docuincrits/DOC_7771.PDF littps://www,iustice.gov/crt/fair-liotisiiig-act-I Executive Order 11063 — Equal Opportunity in Housing https://www.archives,gov/fedel'al- register/cod ificatiOn/eXeCut iv e- order/ I 1063.htmi Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs littps://www.arcliives.gov/federal-register/codification/executive-order/12259.htinI 4.4 https://www,dol.goy/agencies/ryhd/laws-and-regulations/laws/dbra Public Law 100-430 - the Fair Housing Amendments Act of 1988. lrtt s:/Iw-%vw.ncbi.iiiiii.nih, ov/ trbmed/12289709 4.5 Title VI of the Civil Rights Act of 1964 (42 USC § 2000(d) et seq., and Treasury's implementing regulation at 31 CFR Part 22), as amended, Title VIII of the Civil Rights Act of 1968, as amended ]rttps://www.liud.gov/progt•amdescription/title6 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: littps://www.dol.szov/aaeiicies/ofccp/exectitive-order- I 1246/as-amended EO 11375 and 12086: see item #8 below 4.7 Title V11 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 cmployces placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer, Ids://w�vw.hud.g_oy/program des cri ption/t itic6 LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/BiA LEGAL AID SERVICE Or COLLIER COUNTY ARP21-03 American Rescue Plan — Legal and Paralegal Assistance to Individuals acid Fain lies Hardest Hit by COVID-I9 24 Packet Pg. 1137 16.D.8.g 4.8 Age Discrimination Act of 1975, as amended, (42 USC § 6101 et. seq.) and Treasury implementing regulations at 31 CFR, Part 23, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 littps://w-,vw.law.cornell.edu/tiscode/text/42/clial2ter-76 11246: litt.ps://www.dol.j4ov/ofccp/regs/statutes/eol 1246.11ti-t 11375: Amended by EO 11478 11478: htt s://www.arciiives, ov/federal-re ister/codificatioii/execiitive-order/11478,httnl 12107: htts://www.arcliives. ov/federal-re ister/codificatioti/executive-order/12107.litinl 12086: litips://www,arcllives,gov/federal-re ig ster/codificatioti/executive-order/]2086.1)tiiil 4.9 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5),. Section 504: https://www.epa.p:ov/ocr 29 USC 776: littps:/ilaw.onecte.com/uscode/29/776.liti-nI 4.10 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 ct seq. http://iibrary.clerk.house.gov/reference-files/PPL 101 336 ArliericaiisWitli.Disabilities, df littps://www.law.cornell.edu/uscode/text/42/12101 4.11 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/ilistoi/35th/tlielaw/i€-ea.htmi 4.12 Prohibition of Gifts to COUNTY Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- litt s://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- littp://Nvww.colliergov.net/home/sliowdoctiment?id=35137 4.13 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by umposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.14 Venue -Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such smatters. (No reference required for this item). LEGAL AID SERVICE OF BROWARD COUNTY, INC., DB/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan— Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COV1D-19 Packet Pg. 1138 16.D.8.g 4.15 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. littps://www.flsenate,Ey/Laws/Statutes/2012/44,102 4,16 The SUBRECIPIENT agrees to comply with all applicable environmental standards and agrees to report each violation for the following: a. Clean Air Act, 41 USC 7401, et seq, litt.ps://www,aoviiifo.gov/conteiit/pkv-/USCODF,- 20 10 -tit le42/htm ]/US CODE-20 I 0-t itle42-ch a85.1itm https://www.law,cornell.edti/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. littps://xvNvw oy ifa oy/cgcoon_tent/pk-/USCODF,-2011-title33/pdflUSCODE-2.011-title33- chap26,pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 4.17 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701) and Treasury implementing regulations at 31 CFR Pant 20. littps://www gpo og v/fdsy / ranule/USCODE-2009-title4l/USCODE-2009-title41-ehapl0- sec701. 4.18 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: littps:Htiscode.liouse.gov/view.xhtini?req=grantileid:USC- I 999-titIC40-sectio[1276a- 7&num=0&edition=I 999 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 littps://www, law.corilel l . edti/cfi,/text/29/part-3 LEGAL AID SERVICE OF BROWARD COUNTY, MC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21.03 American Rescue Plat) — Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 Packet Pg. 1139 16.D.8.g 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) littps://www.law.coriiell,edu/cfr/text/29Ypait-5 4.19 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 littps://www.-govitlfo,vov/coiitent/pkr/USCODE-2010-titic] 8/Xdf/USCODE-2010- titlel.8.pdf 40 U.S.C. 276c littps:Huscode.liouse.gov/view,xhtinl?t,eq=gi-atitilcid:USC-1 999-title4O- sect ion27 6c&ntjm=0&edition= 1999 4.20 The SUBRECIPIENT agrees to comply with the Compliance with the Contract Work Hours and Safety Standards Act, as contained in 29 CFR 5.5, including overtime requirements, liability for unpaid wages, withholding of unpaid wages and responsibility for compliance by subcontractors. litt s://www.ecf►,, Ov/c 7i-bin/text-idx?&node= t24A.5#se24.1.5 1500 4,21 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other coveted transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 2 CFR 200.213. These regulations restrict awards, subawards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible to [participate in Federal assistance programs and activities. Pursuant to 2 CFR Part 25, Appendix A, Universal Identifier and System for Award Management (SAM), a contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible tinder statutory or regulatory authority other than Executive Order 12549. SAM Exclusions can be. accessed at www.sam.goy. 2 CFR 200.213 Suspension and debarment 11ttPs:/AVw"V,ecfr,Rov/cgi bin/yeti-ieveECFR?=&SID=c3a97c97ac42f'9cO5af52a7ca2f3d005&iiic=true&n= t2.1,200&r=P ART&ty=HTML#se2.1.200_ 1213 littps://www ai-cliives ov/federal-register/codification/executive-order/i2549.litinl LEGAL All) SERVICE OF BROWARD COUNTY, INC., DBIA LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan — Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 27 Packet Pg. 1140 16.D.8.g 4.22 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures Required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These Requirements are enumerated in 2 CFR 200, et seq. 4.23 Single Audits shall be conducted annually, in accordance with 2 CFR 200,501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year, The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500, SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, if this 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. Irtt s://www.ecfr, ov/c i-bin/text- idx7SID=5a78addefff9a535e83fed3010308aef&mc—true&node=se2,1.200 1344&r n=div8 4.24 As provided in § 287,133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof This notice is required by § 287.133 (3) (a), Florida Statutes, llttn://www.lea,state.fl.us/Statttes/iiidex.efin?App mode=D splay_ Statute&Search Strin,a-&UR L=0200-0299/0287/Sections/0287.13 3.lrtm 4.25 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, Renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Pursuant to 31 CFR Part 21, if any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.26 Any rule or regulation determined to be applicable by the Treasury. LEGAL AID SERVICE OF BROWARD COUNTY, INC„ D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan — Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COV1D-19 28 Packet Pg. 1141 16.D.8.g 4.27 Florida Statutes 119.021 Records Retention littp://www.leg.state.fl,iis/Statutos/index.cfiii?App niode=Display Statute&URL=0100- 0199/0119/Sections/0119.0211ntm l 4.28 Florida Statutes 119.061 Travel, using approved state travel voucher littp://www.leg.state..fl.us/statutes/index.cfiii?App mode---Displaymode---gisplay Statute&URL=0100- 0199/0112/Sections/0112.061,lntnn l 4.29 Florida Statutes, 119.071, Contracts and Public Records littp://www.lefz.state.fl,tis/Statutes/iiidex.cfni?App rnode=Qisplqy Statute&URL=0100- 0199/0119/Sections/0119.071.littnl 4.30 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at littp://wwNv,lep.gov. 4.31 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See littps://oip.gov/about/oor/pdfs/UseofConvictioti more details. 4.32 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal fiends that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier tip to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (h) 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 tinder this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. littps:HNv�vw.law.cornell.edti/tisr,ode/text/31/1352 4.33 False Claim, Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21.03 American Rescue Plan — Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 29 Packet Pg. 1142 16.D.8.g committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 4.34 Political Activities Prohibited: None of the funds provided directly or indirectly under this 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, 4.35 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), the Treasury encourages recipients and SUBRECIPIENTs to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by the Treasury and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.36 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at: https:/Iojp.aavlfrtndin Explore/ProhibitedCondtict-Traffickin .lg �tm. 4.37 Seat Belt Use: The SUBRECIPIENT agrees to encourage its contractors to adopt and enforce on- the-job seat belt policies and programs for their employees when operating company -owned, rented, or personally owned vehicles, per Executive Order 13043, 62 FR 19217 (April 18, 1997). 4.38 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.39 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the Treasury. littps://�vww.ecfi-. ovg /cp,i- biiifi-eti-ieveECFR?gp=&S1D=a004b6bf20934ace7a717de76I dc64e0&tmc=true&n=ptt37.1.401 &r =PART&tv=HTML LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan -- Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 30 Packet Pg. 1143 16.D.8.g 4.40 Whistleblower Prtections: a. In accordance with 41 U.S.C. § 4712, the COUNTY may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii, A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. The COUNTY shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. (Signature Page to Follow) LEGAL AID SERVICE OF BROWARD COUNTY, INC., D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP2I -03 American Rescue Plan -- Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-I9 31 Packet Pg. 1144 16.D.8.g IN WITNESS WHEREOF, the SUBRECIPI ENT and COUNTY, have each respectively, by all authorized person or agent, hereunder set their hands and seals oil the date first written above. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA MARK ISA S N, COUNTY MANAGER Date: t r LEGAL. AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY J y: EBRA KOPROWSKI, DEPUTY EXECUTIVE DIRECTOR Date: and legality: ennifer A. BeIped10 Assistant County Attorney Date: 1rP zoo LEGAL Aln SERVICE Of BROWARD C011NTY, INC. MIA LEGAL AID Sr-RViCE; OF COLLIER COUNTY ARP21-03 American Rescue Plan — Legal and Paralegal Assistance to Individuals and Familics hardest Hit by COVID-19 Page 32 0 N c d d m L c m Q am 0 m rn LL ' w U_ J , N oo le N Packet Pg. 1145 16.D.8.g PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction; Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than 100 percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal LEGAL AID SERVICE OF BROWARD COUNTY, INC,, D/B/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-©3 American Rescue Plan — Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 33 Packet Pg. 1146 16.D.8.g Emergency Management Agency (FEMA) as having special flood hazards, flood 'insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than 100 percent of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.LM.A. LEGAL AID SERVICE OF BROWARD COUNTY, INC., DB/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan — Legal and Paralegal Assistance CO Individuals and Families Hardest Hit by COVID-19 3,4 Packet Pg. 1147 16.D.8.g EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Legal Aid Service of Broward County Inc., dlb/a Legal Aid Service of Collier County SUBRECIPIENT Address: 4436 Tamiami Trail East, Naples, FL 34112 Project Name: Eviction Diversion Program Legal Representation of Collier County residents impacted by COVID-19 Project No: ARP21-03_ Payment Request # Total Payment Minus Retainage Period of Availability: March 1, 2022 _ through December 31, 2024 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ By signing this report, I certify to the best of my knowledge and belief that this request for payment is true, complete and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the term and conditions of the Federal award. I am aware that any false, fictitious, or fi-audulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fiaud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812; and/or Title VI, Chapter 68, Sections 68.081-083, and Title XLVI Chapter 837, Section 837-06). Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) LEGAL AID SERVICE OF 13ROWARD COUNTY, INC., DBIA LEGAL AID SERVICE OP COLLIER COUNTY ARP21-03 American Rescue flan — Legal and Paralegal Assistance to Individuals and Families Hardest Ili(by COVID-19 35 Packet Pg. 1148 16.D.8.g EXHIBIT C AMERICAN RESCUE PLAN (ARP) QUARTERLY PROGRESS REPORT Report Period: Fiscal Year: Agreement Number: ARP21-03 Subrecipient Name: Legal Aid Service of Broward County Inc., d/b/a Legal Aid Service of Collier County Program: Eviction Diversion Program Legal Representation of Collier County residents impacted by COVID-19 Contact Name: Contact Telephone Number: Activi!y.Reporting Period Report Due Date October 1" — December 31" Januat 10" Janua 1" —March 31s' April 1011 April 1" —June 30'" July 10, July 1" —September 301h October 10" Characteristics Report 1. Report Selection Criteria Number of Participants by Ethzl icity Current Quarter To Date Race Non- Hispanic Hispanic Non- His anic Hispanic White Black/Afi•ican American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial 7 p■.—f T.vnnnail-}lrtactWifit in Qualified Census Tract (OCT): — x..,..�u.,..... Category Funds Expended Current Quarter Funds Expended To Date In QCT Other In QCT Other Ne ative Economic Impacts EC2.2 Eviction Diversion Program Services to Disproportionately Impacted Communities EC2.2 Eviction Diversion Program Total Ex enditures LEGAL AID SERVICE OF BROWARD COUNTY, INC, DIBIA LEGAL AID SERVICE OF COLLIER COUN'rY ARP21-03 American Rescue Plan — Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COV1D-19 Page 36 CAD Packet Pg. 1149 16.D.8.g A >C virinn on_Rgeprl Prniect r.Ynfllrrfitlll'PR. v `Program Name -- Funds Expended Current Quarter Funds Expended To Date EC2,2 Eviction Diversion Program. Total Evidence -Based Ex enditures 4 1r1'__ lilt] inafn;•a! A14 Pl'0 eet Outcomes Component l : Housing 25% of persons or households receiving legal eviction diversion Navigators- Eviction services, will receive rent assistance. Diversion Program 25% of persons or households served, will have HH income at or below 185% of the Federal Poverty Level, 25% of persons or households served with an active filed eviction, will avoid an eviction 'ud ement. Component 2:: Non- NA Personnel Expenses: Travel & Equipment Project outputs Component 1: Number of persons or households receiving eviction diversion services Number of persons or households receiving rental assistance Number of persons of households with a filed eviction Number of persons or households that avoided an eviction judgment Component 2: NA Evidence -Based and Im actEvaluationTeam Meeting Date: Impact Evaluation Plan Detail Update: 5. Proiect Progress; Describe your progress and any impediments experienced during the reporting period. XXXX LEGAL AID SERVICE OF BROWARD COUNTY, INC, DWA LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan -- Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 Page 37 i Packet Pg. 1150 16.D.8.g By signing this Deport, I certify to the best of my knowledge and belief that the information contained in this Deport is true, complete and accurate. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise {U,S. Code Title 18, Section 1001 and Title 31, Sections 3729- 3730 and 3801-3812). Signature: Printed Name: Title: Date: NOTE: This form subject to modification based on Treasury guidance. Your typed name here represel«ts your electrronie signature. LEGAL A1D SERVICE Or BROwARD COUNTY, INC., DIB/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-©3 American Rescue Plan -- Legai and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 38 Packet Pg. 1151 16.D.8.g EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200,331 requires. Collier County to monitor suhreciplents of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly,'. Collier' County requires that all appropriate documentation is provided regarding your organization's compliance, In determining Federal awards. expended in a fiscal year, the entity must consider all' sources of Federal awards based on when the activity related. to the Federal award occurs, including any Federal award provided by Collier County. The.determination of Federal:award amounts expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F - Audit Re uirements. This form maybe used to monitor Florida Single Audit Act Statute 215.97 re uirements. . Subrecipient Legal Aid.Service.of Broward County Inc., d/b/a Legal Aid Service of Collier County Name First Date of Fiscal Year MM/DD.W last Date of Fiscal Year MM/DDIYY Total Federal Financial Assistance...Total State Financial Assistance Expended during... Expended during most .recently completed most recently completed Fiscal Year Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has ❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures,policies, etc. implemented and when it was or will be implemented. Certification Statement 1 hereby certify that the above information .is true and accurate, .. Signature Date Print Name and Title Uo/'I 0 LEGAL AID SERVICE OF BROWARD COUNTY, INC., DBIA LEGAL AID SERVICE Or COLLIBR COUNTY ARP21-03 American Rescue Plan — Legal and Paralegal Assistance to Individ€€als and Families hardest Hit by COVID-19 39 N O le N a Q c a J Q c� w J M N M O N N O N c� Q a� V M Q Packet Pg. 1152 16.D.8.g Exhibit E Assurances of Compliance with Civil Rights Requirements Assurances of Compliance with Title VI of the Civil Rights Act of 1964 As a condition of receipt of Federal financial assistance from the Department of Treasury, the SUBRECIPIENT of this Agreement (hereinafter referred to as "SUBRECIPIENT") provides the assurances stated herein. The Federal financial assistance may include Federal grants, loans, and contracts to provide assistance to the SUBRECIPIENT's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal Government at market value, or programs that provide direct benefits. The assurances apply to all Federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the SUBRECIPIENT may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the SUBRECIPIENT's program(s) and activity(ies), so long as any portion of the SUBRECIPIENT's program(s) or activity(ies) is Federally assisted in the manner prescribed above. 1. SUBRECIPIENT ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 USC § 2000d et seq), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13t66, directives, circulars, policies, memoranda, and/or guidance documents. 2. SUBRECIPIENT acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to Federally assisted programs and activities for individuals who, because of national origin, have Limited English Proficiency (LEP). SUBRECIPIENT understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, SUBRECIPIENT shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. SUBRECIPIENT understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. LEGAL AID SERVICE OF BROWARD COUNTY, INC. DB/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 Aniedomi Rescue PImi— Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 Page 40 Packet Pg. 1153 16.D.8.g 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.vov. 4. Recipient ackmowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of Federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, successors, transferees, and assignees to comply with assistances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title Vl and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, transferee, and assignee shall comply with the Title VI of the Civil Rights Act of 1964, which prohibits recipients of Federal financial assistance f •om excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 USC § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving Federal financial assistance, 42 USC § 2000d et seq., as implemented by the Department of Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. if any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on -site compliance reviews and reporting requirements. 8. Recipient shall maintain an complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title Vl of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or LEGAL AID SERVICE OF BROWARD COUNTY, INC. DB/A LEGAL AID SERVICE OF COLLIER COUNTY ARP21-03 American Rescue Plan — Legal and Paralegal Assistance, to Individuals acid Families Hardest Hit by COVID-19 Page 41 Packet Pg. 1154 16.D.8.g proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of noncompliance of Title VI and efforts to address non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administration agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring the subrecipients also comply with Title VI and other applicable authorities covered in this document. State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that they are ............... effectively monitoring the civil rights compliance of subrecipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the Unites States may take in order to address violations of this document or applicable Federal law. Under penalty of perjury, the SUBRECIPIENT signatory to this Agreement certifies that the signatory has read and understood the SUBRECIPIENT's obligations as herein described, that any information submitted in conjunction with this assurances exhibit is accurate and complete, and that the SUBRECIPIENT is in compliance with the aforementioned nondiscrimination requirements. LEGAL AID SERVICE OF BROWARD COUNTY, INC. DIBIA LEGAL AID SERVICE OF COLLIER COUNTY ARP2I -03 American Rescue Plan— Legal and Paralegal Assistance to Individuals and Families Hardest Hit by COVID-19 Page 42 IM Packet Pg. 1155 FAIN 4 SLT-1155 Federal Award Date March 11, 2021 Federal Award Agency Department of Treasury ALN Name Coronavirus Local Fiscal Recovery Fund ALN# 21.027 US Treasury Expenditure Category EC 2.2 Collier County Recovery Plan Project Number (CC 1.1) and (CC 1.6) Total Amount of Federal Funds Awarded 295,000.00 Subrecipient Name 111ousing Development Corporation of SW Florida, Inc. d/b/a HELP -DUNS# UEI# Qzn J3YVCLMWVKM7 FEIN 38-3695928 R&D NA Indirect Cost Rate NA Period of Performance 02/01/2022-12/31/2024 Fiscal Year End 12/31 Monitor End: 06/30/2025 IRS* AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND DOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP This AMENDMENT is made and entered into as of this day of, '��, by and between Collier County, a political subdivision of the State of Florida (COUNTY) and Housing Development Corporation of SW Florida, Inc. d/b/a HELP (SUBRECIPIENT), a private not -for -profit corporation having its principal office at 3200 Bailey Lane, Suite 109, Naples FL 34105 existing under the laws of the State of Florida. RECITALS WHEREAS, on 1 06/22/2021 I, 2022, Agenda Item IILH , the COUNTY entered into an Agreement with 111ousing Development Corporation of SW Florida, Inc. D/B/A HELP] to administer the American Rescue Plan Act (ARP) Mortgage and Utility Assistance and HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DBIA HELP ARP2I-I9 ARP- Mortgage and Utility Assistance and Eviction Diversion Program-110asing Navigators Page I Packet Pg. 1156 Housing Navigators- Eviction Diversion Program; and WHEREAS, Congress passed the American Rescue Plan Act of 2021 (ARP), which was signed into law on March 11, 2021. Included in the legislation was $350 billion Coronavirus State and Local Fiscal Recovery Fund; and WHEREAS, the COUNTY has entered into an Agreement with the United States Treasury Department (Treasury) for a grant to execute and inlpleinent the American Rescue Plan Act (ARP), pursuant to the Coronavirus State and Local Fiscal Recovery Fund, Section 603 (c) of the Social Security Act; and WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities to assist the community in navigating the impact pf the COVID-19 outbreak; and WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the SUBRECIPIENT, is qualified to receive program funding; and WHEREAS, the COUNTY has created a Recovery Plan in accordance with fcderal guidelines, which includes Goals, Expenditure Categories, Evidence -basis, and Key Performance Indicators (KPI) that impact the project; and WHEREAS, the COUNTY and the SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking of the American Rescue Plan (ARP) project; and WHEREAS, the parties wish to amend the Agreement to include the language as stated below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree to amend the Agreement as set forth below. Words StrucliThr-eetgl are deleted; Words Underlined are added. PART 1 SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ARP 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: I Component 1: American Rescue Plan -Mortgage, and Utility Assistance- to mitigate increased housing instability for individuals and families hardest hit by COVID-19. This is a direct grant assistance program HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D1131A HELP ARP21-19 ARP- Mortgage and Util ity Assistance and Eviction Diversion Program- Housing Navigators Page 2 1..,Ai t Packet Pg. 1157 Description of Project/Outcome: I Funds for these projects implemented by HELP Inc., will provide Collier County residents with mortgage and/or utility assistance, assist with application processing, and housing navigation to mitigate increased housing instability. The mortgage and/or utility assistance application processing program is designed to assist homeowners residing in Collier County who are delinquent on mortgage and/or utility payments due to COVID-19 impacts. Utility assistance includes electric and/or water. Household income qualifications cannot exceed 140 percent of the Area Median Income (AMI). Financial Assistance through this program cannot exceed $25,000.00, which includes mortgage and/or utility assistance, per household. Homeowners are required to participate in housing counseling services. Assistance will be provided on a first -come, first qualified, first served basis. SUBRECIPIENT must process applications and submit them for approval through the Coastal Cloud software online application system provided by Collier County Community and Human Services (CHS). SUBRECIPIENT shall facilitate document submission and work directly with applicants to complete the application process. SUBRECIPIENT will receive Four Hundred Ninety -Five Dollars and zero cents ($495.00) per approved, financially assisted, and housing eetinseld counseled applicant. I Component 2: American Rescue Plan- Housing Assistance -Eviction Prevention (Housing Navigators) The housing navigator services will complement CC 4-.6 1.1- Housing and Rental Assistance, in the form of "navigators" who will assist persons at risk of eviction, or who are facing imminent or pending evictions, with navigating the Collier County Courts system and eviction process, The navigator will attempt to obtain a resolution between landlord and tenant; therefore, entering into a negotiated payment resolution plan and other means of avoiding loss of housing. The navigator may also assist the applicant with locating housing, reviewing lease agreements, and working with other rental assistance programs to ensure housing stability. SUBRECIPIENT will provide Evidence -Based proof from its own academic sources, or from the Pew Results First Clearinghouse or similar platform and may work with Collier Impact Evaluation Team (CC 3.5) to define an evaluation plan for Rinded projects. 1.1 GRANT AND SPECIAL CONDITIONS Performance under this Agreement is subject to 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The obligation of the COUNTY to make the Grant is subject to the following conditions: HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigators Page 3 Packet Pg. 1158 A. Within sixty (60) calendar days of the execution of this Agreement, 914-BR-EGIP19N must deliver to C14S for approval n detailed v.fejeet sehedele f .. the nr.mpletio of the P'` jeel, A. The following checked policies must be submitted within six 60 days of execution of this Agreement: ® Affirmative Fail- Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Davis -Bacon Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ❑ Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Process and submit $100,000.00 mortgage and utility assistance applications and housing counseling services US Treasury Expenditure Category*: EC 2.2 Collier County Recovery Plan Project Number: CC 4.6-1.1 Project Component 2: Personnel salaries €e4 FTEemployees housingnavigators, $195,000.00 and....5 as not to exceed $65,000,00 each year for the duration of the Agreement. US Treasury Expenditure Category*: EC 2,2 Collier County Recovery Plan Project Number: CC 1.6 Total Federal Funds: $ 295,000.00 The SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain documentation of sem,iees fe petseiis/brisifies households served in Qualified Census Tract ® Maintain documentation of Evidenced -Based Programming including performance outcomes and output ® Maintain COVID documentation 14OUSING DEVELOPWNT CORPORATION OF SW FLORIDA, INC. D/B/A 1IELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigators Page 4 Packet Pg. 1159 ® Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide Monthly Quarterly project pragt,es-s—status reports via Salesforce either in electronic form or using the exhibit C form, ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation B. Performance Deliverables Program Deliverable Deliverable Supporting Documentation Submission Schedule nsurance lInsurance Certificate (Exhibit A) JWithin 30 days of Agreement execution and Annually within thirty 30 )days of renewal Special Grant Condition Policies Section 1.1 olicies as stated in this A reement Within sixty (60) days of A reement execution etailed Project Schedule N/A A n „+ exeetttie N/A roject Plans and S eci ications /A 1 /A Subcontractor Lo /A /A avis-Bacon Act Certified /A /A ,Quarterly Progress Report !Exhibit C 'Quarterly, due 10111 of month following the end of quarter. Am1 Tally after closeout. rrnual Audit Monitoring Report xhibit D-E days (60) of A n „t n „tio .,n Year eachFiscal (FY) agreement lefm Annually, within £0 days after FY end HOUSING DEVELOPMENT CORPOILATION OF SW FLORIDA, INC. DIBIA HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigators Page 5 Packet Pg. 1160 financial and Compliance udit, Management Letter, and nnualty: nine (9) Audit baekupSuppor0pg months after FY cnd for Documentation Single Audit OR one hundred eighty (180) da s after FY end Program Income Reuse IA _ lA Plan C, Payment Del iverables Payment Deliverable Payment Supporting Documentation Submission Schedule roject Component 1: 'ISubmission of monthly invoices Submission of monthly Processing of mortgage and supporting documents must invoices, due no later and utility assistance be provided, as evidenced by a than 30 days after the applications, using the report of approved and end of the prior month. Ces4elC'jeadSalesforce financially assisted households platform and a copy of the signed US Treasury Expenditure housing counseling certificate, Category: EC 2.S-2,2 and any other documentation as Collier County Recovery requested. (Exhibit B) Plan Project Number: CC 1.1 roject Component 2: }Submission of supporting ,Submission of monthly Personnel ewes documents must be provided as invoices due no later salaries for housing backup; meet, tirnesheets than 30 days after the navigators. signed and dated, payroll end of the prior month. US Treasury Expenditure register, proof of payroll Category: EC 2 -5-2.2 disbursement, housing Collier County Recovery navigator roster by-navigatef Plan Project Number: CC and any other additional 1.6 documentation as requested. Exhibit B 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on Pebruaty 1,12022 and shall end on Occember 31,1 �. a 6aq . 11�f AF KOUSFNG DEVELOPMENT COUORAVON OF SW FLORIDA, INC. D/B1A HELP ARP21.19 ARP -Mortgage and UaR1Ay Assistance and Evigion Divcajon Pro[ram- Hatnir� N¢vigalm; Psgc 6 f Packet Pg. 1161 1..4 AGRE EMENT AMOUNT The COUNTY agrees to make available TWO HUNDRED NINETY-FIVE THOUSAND DOLLARS AND i00'CENTS ($295,000.00) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the Funds). The ARP requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to cover expenses that: A. Were incurred during the period that begins on October 1, 2021 and ends on September 30, 2023. Funds must qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of Section 603(c) of the Social Security Act. B. Examples of eligible expenses include, but are not Iimited to: i. Responding to or mitigating the public health emergency with respect to the COVID-19 emergency or its negative economic impacts; and. ii. Providing government services to the extent of the reduction in revenue; and iii. Making necessary investments in water, sewer, or broadband infrastructure; and iv. Responding to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible COUNTY workers that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work. Modification to the "Budget and Scope" may only be made if approved in advance, Budgeted fiend 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 shills that exceed t 0 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Either party may change the address to which notices are to be sent to it by giving written notice of such change to the other parting in the manner herein provided for giving notice. Any notice, request, instruction, or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: i ^"�'�a�uo .Tennessee Delgado, Grant r Coordinator Q Collier County Community and Human Services Division 3339 E Tamiami Trail, Suite 213 Naples, Florida 34112 Email: 4eret4fl��n blaneo Jennessee.delgado@colliercountyfl.gov Telephone: (239) 252-2675 1421 HOUSING DEVELOPMENT CORPORA PION OF SW FLORIDA, INC. D/B/A HELP ARP2 i -19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigators Page 7 Packet Pg. 1162 SUBRECIPIENT ATTENTION: Michael Puchalla, Executive Director Housing Development Corporation of SW Florida, Inc. D/B/A HELP 3200 Bailey Lane, Suite 109 Naples, Florida 34105 Email: michael@collierhousing.com Telephone: (239)434-2397 Remainder of Page Intentionally Left Blank HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigators Page 8 Packet Pg. 1163 PART 11 GRANT CONTROL REQUIREMENTS 2.2 RECORDS AND DOCUMENTATION E. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the amiva final performance and evaluation report, as prescribed in 2 CFR 200.334, and all funds have been expended, unless any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, the COUNTY shall be informed, in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt and/or confidential public records that and released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. Treasury may request transfer of records of long -terns value at the end of the five (5) year retention period. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239- 252-6Q32 2679, 1lfieh ^' C Michael.BrownleeL),colliercoutj yfl.goy, 3299 Tamiami Trail E, Naples FL 34112. HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/BIA HCLP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigators Page 9 L., Packet Pg. 1164 Signature Page to Follow HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D1131A HELP ARP21-19 ARP- Mortgage and Utitily Assistance and Eviction Diversion Program- Hosing Navigators Page 10 N T- O N O H Z W a Z W Q !L lY a I a J W 2 co O I N T N N O N H Q r C d t t� a Packet Pg. 1165 IN WETNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have, each respectively, by authorized person or agent, hereunder set their hands and seals on the date first written above. AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: -' ,A PA.TT SON, COUNTY MANAGER. Date: l f c' This sub -award agreement executed by the County Manager or designee pursuant to BCC Agenda, Dated 6/22/21, Item No. 11.H. AS TO SUBRECIMENT: HOUSING DEVELOPMENT CORPORATION OF SW FLORID , I C. D/B/A HELP By: M CH EL PUCHALLA, EXECUTIVE DIRECTOR Date: I D-- ( I �: I 3111 tPlease provide evideme of signing authority] as to Derek D. Perry Assistant County Attorney Date: DE C / , z (0 Z-- 2— HOUSING DEVELOPMENT CORPORATION OFSW FLORIDA, INC. D/B/A HELP ARP21-19 ARP- Mortgage and Ulilify Assistance and Evicllon Diversion Program- Housing Nuvigwors Pngc 11 Packet Pg. 1166 PART V EXHIBITS EXHIBIT C AMERICAN RESCUE PLAN (ARP) QUARTERLY PROGRESS REPORT Report Period: Fiscal Year: Agreement Number: ARP21 - 19 Subrecipient Name: Housing Development Corporation of SW Florida, Inc. D/B/A HELP Program: American Rescue Plan --- Mortgage and/or Utility Assistance Services and the Housing Navigators and Legal Services to Individuals and Families Hardest Hit by COVID-19 Contact Name: Michael Puchalla Contact Telephone Number: 239-434-2397 Activity Reporting Period Report Due Date October 15' -- December 315f January 10" January 11t — March 315' Aril 1011' April P1—June 3011' Jul 10"` July V — September 301" October 101' Characteristics Report 1. Report Selection Criteria Number of Participants by Ethnicity Current Quarter To -Date Race Non -Hispanic Hispanic Non -Hispanic Hispanic White NIA N/A N/A NIA Black/African American N/A N/A N/A N/A Asian N/A N/A N/A N/A American Indian/Alaskan Native N/A NIA N/A N/A Native Hawaiian/Other Pacific Islander NIA N/A NIA N/A Other/Multi-Racial N/A N/A NIA N/A HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigators Page 12 Packet Pg. 1167 2. Pro.ject Expenditures/Within Qualified Census Tract (OCT): Category Funds Expended Funds Expended Current Quarter To -Date In QCT Other In QCT Other Negative Economic Impacts EC 2.2, CC 1.1- Mortgage and/or Utility Assistance EC 2.2, CC 1.6- Housing Navigators and Legal Services Services to Disproportionately linpacted Communities EC 2.2, CC 1.1- Mortgage and/or Utility Assistance EC 2.2, CC 1.6 Housing Navigators and Legal Services Total Expenditures 3. Evidence -Based Project Expenditures: Program Name Funds Expended Funds Expended Current Quarter To -Date EC 2.2, CC 1.1- Affordable Housing -Mortgage and/or Utility Assistance EC 2.2, CC 1.6- Housing Navigators and Legal Services Total Evidence -Based Expenditures 4. Key Performance Indicators: Project Outcomes Out uts Component l:Mertgnge or -below 1 QGO/ Federal Poverty Levels els .-..1 Utility Assist. EC nee 2.2, CC 1.1- Affordable _Pefsaas households Housing: Mortgage and/or =zT% of or —wilsll feeeive hetising e � o Utility Assistance • 40% of persons or households 7 $25000 ftnd still Feqtiife a a mortgage modification will be im acted or disproportionately impacted population, as defined by Treasury. • 100% of persons or hoesehold homeowners served will receive financial housing counseling services. Component 2: -Housing Funds for Persolmel shall be used to identify the amount of total fiends Navigators Evietion that are allocated to evidence -based interventions and to denote areas where subreci ients must report on whether projects are primarily HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigators Page 13 Packet Pg. 1168 and Legal Services serving disadvantaged communities to support the following outcomes: * 1 not f� households live in pefsons f served will QCT'n w 75�� o el holds householdslegal o personsoro -receivving etir,f, L+✓ i V ,ll klV diversion services, will feeeive rea4 1 . 4,olt ds ve 414 ineeme l have 251 households of pers 4s or ouse will ator below 1 850 of the Fedef l Poverty h v 1 coi of persons ) ;efie,, „� e'Y 1V Llill_ayo d a intio udgment • 25% of persons or households served will be impacted, or disproportionately impacted, as defined by Treasury. * 25% of cases will result in a successfizl eviction pre-v_ention Project Output Outcomes Component 1: EC 2.2 AiTeAgage and Utility A nni�� CC 1.1- Affordable Housing: Mortgage and/or Utility - Mini er-ef or utili mortgage, assistance, ��et -e4 d i o Number house - of persons of e1da whe reeeived mortgage medlficatio -Uel--e1 Fe�g se;wiee * Number of persons receiving mortgage and/or utility assistance Assistance COITIponent 2: EC 2.2 E e i pr „+i Housing Navigators, CC 1.6- Housing Navigators * Number of persons or households receiving eviction diversie 1„dh4g 1,ougehold ineemeinfannafien-prevention or court liaison services * Number of persons or households ,.o ai,.in,Y ,.,,,tal assintan o impacted, or disproportionately impacted population as and Legal Services defined by TreasuU O NwRi-b ^_;___f' ei;sans er households that avoided ,don nti„ i��� t * Number of persons or households referred to Le gal Aid Evidence Based aft 1IRPRet Evaluation Tea Meeting Date. impa + d HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. D/B/A HELP ARP21-19 ARP- Mortgage and Utility Assislance and Eviction Diversion Program- Housing Navigators N T- oo N r 0 H z w 0 z w Q a ai a J w x 00 of N T N N 0 N H c� a r C d E z t,1 a t` Packet Pg. 1169 Page 14 S. Project Progress: Describe your progress and any impediments experienced during the reporting period, XXXXXX If services apply, a select which of the following Impacted and/or Dis ro ortionatel Im acted population this project primarily services: Impacted • General Public • Low- or moderate- income households or populations • Households that experienced unemployment • Households that experienced increased food or housing insecurity • Households the t qualify for certain federal programs .DisproportionatelyImpacted Low-income households or populations • Households and populations residingin n Qualified Census Tracts • Households that qualify for certain federal pro ramp ............ • Households receiving services provided by Tribal overmnents If the project primarily serves more than one Impacted and/or Disproportionately Impacted population, b select/eircle.only up to two additional populations served as listed above, XXXXXX By signing this report, I certify to the best of my knowledge and belief that the information contained in this report is true, complete, and accurate. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DIBIA HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigators Page 15 Packet Pg. 1170 Signature: Printed Name: Title: Date: NOTE: This fornl subject to modification based on Treasury guidance, Your typed name here represents your electronic sil4uature. DOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. DIBIA HELP ARP21-19 ARP- Mortgage and Utility Assistance and Eviction Diversion Program- Housing Navigators Page IG Packet Pg. 1171