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Agenda 11/14/2023 Item #16D 3 (4th Amendment between Collier County and Collier Health Services, Inc/b/b/a Healthcare Network)11/14/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the Fourth Amendment between Collier County and Collier Health Services, Inc., d/b/a Healthcare Network for the administration of the Community Development Block Grant - CV program by extending the period of performance from April 1, 2021, to June 30, 2024. (Housing Grant Fund 1835) OBJECTIVE: Provide case management services to benefit the residents of Collier County. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) provides Community Development Block Grant (CDBG), HOME, and Emergency Solution Grant (ESG) entitlement funds to the County annually to address program-specific needs in the community. The Board of County Commissioners (“Board”) previously approved the 2019-2020 One Year Action Plan on June 25, 2019, Agenda Item #16.D.2. On April 27, 2020, the County Manager signed the substantial amendment to Collier County’s U.S. Department of Housing and Urban Development Annual Action plan for FY2019-2020 to address additional funding and programs related to the pandemic. On May 12, 2020, Agenda Item #16.F.1.(f) the Board ratified the County Manager’s action to amend the 2019-2020 One Year Action Plan to recognize the first round of CDBG (CDBG- CV) funding. On November 10, 2020, Agenda item #16.D.8, the Board approved the second substantial amendment recognizing the second allocation of CDBG-CV funding, bringing the total award for Collier County to $4,232,728 respectively. On December 8, 2020, Agenda Item #16.D.18, the Board approved Collier Health Services, Inc. d/b/a Healthcare Network for CDBG- CV funding and waived the formal application process for funding. On April 27, 2021, Agenda Item #16.D.3, the County entered into an Agreement with Collier Health Services, Inc. d/b/a Healthcare Network to further undertake the responsibilities and obligations of the Community Development Block Grant (CDBG) - CV Program to provide Case Management services to serve vulnerable patients. On March 8, 2022, Agenda Item #16.D.11, the Board approved the First Amendment to further assist Collier Health Services, Inc. by adding a technology component to their case management program. On September 27, 2022, Agenda Item #16.D.1, the Board approved the Second Amendment to further assist Collier Health Services, Inc. by adding a fourth project component, a reallocation of funding, a reduction in the number served, removal of policies not applicable to the project and adding additional language to further clarify grant requirements. On July 25, 2023, Agenda Item #16.D.6, the Board approved the Third Amendment with Collier Health Services, Inc. d/b/a Healthcare Network to shift $125,625 from administration to staffing and update the Exhibit C Quarterly Report requirements. The proposed Fourth Amendment will extend the period of performance from April 1, 2021 to June 30, 2024. FISCAL IMPACT: This action has no new Fiscal impact. The funding source for this grant is the United States Department of Housing and Urban Development CDBG-CV grant. Funds are budgeted in the Housing Grant Fund (1835), Project 33674. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: This item has no impact on the Growth Management Plan of Collier County. RECOMMENDATION: To approve and authorize the Chairman to sign the Fourth Amendment between Collier County and Collier Health Services, Inc., d/b/a Healthcare Network for the administration of the Community 16.D.3 Packet Pg. 1004 11/14/2023 Development Block Grant - CV program by extending the period of performance from April 1, 2021, to June 30, 2024. Prepared By: Tracey Smith, Grants Coordinator, Community and Human Services Division ATTACHMENT(S) 1. AGRMT SUB 2021 CHSI CD-CV21-01 (PDF) 2. AMEND 1 SUB CHSI CD CV21-01 Executed (PDF) 3. AMEND 2 SUB CHSI CD CV21-01 Executed (PDF) 4. AMEND 3 SUB CHSI CDBG CV (PDF) 5. AMEND 4 SUB CHSI CDCV21-01 - SUB Signed (PDF) 16.D.3 Packet Pg. 1005 11/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3 Doc ID: 26884 Item Summary: Recommendation to approve and authorize the Chairman to sign the Fourth Amendment between Collier County and Collier Health Services, Inc., d/b/a Healthcare Network for the administration of the Community Development Block Grant - CV program by extending the period of performance from April 1, 2021, to June 30, 2024. (Housing Grant Fund 1835) Meeting Date: 11/14/2023 Prepared by: Title: – Community & Human Services Name: Tracey Smith 10/10/2023 5:16 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 10/10/2023 5:16 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Completed 10/11/2023 2:59 PM Public Services Department Vanessa Collier Additional Reviewer Completed 10/13/2023 11:05 AM Operations & Veteran Services Jeff Weir OVS Director Review Completed 10/16/2023 10:22 AM Public Services Department Todd Henry PSD Level 1 Reviewer Completed 10/17/2023 11:04 AM Grants Erica Robinson Level 2 Grants Review Completed 10/20/2023 3:59 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/27/2023 2:19 PM Public Services Department Tanya Williams PSD Department Head Review Completed 11/01/2023 11:09 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2023 11:23 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2023 12:42 PM Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 11/02/2023 9:50 AM Grants Therese Stanley Additional Reviewer Completed 11/02/2023 5:41 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 11/03/2023 9:01 AM Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM 16.D.3 Packet Pg. 1006 FAIN# B-20-UW-12-0016 Federal Award Date 09/22/2020 Federal Award Agency HUD CFDAName Community Development Block Grant-CV CFDA/CSFA# 14.218 Total Amount of Federal $1,170,800.39 Funds A warded Subrecipient Name Collier Health Services, Inc. dba Healthcare Network DUNS# 0850)95 11 FEIN 59-1741277 R&D NA Indirect Cost Rate NA Period of Performance 04/01/2021 -03/30/2023 Fiscal Year End 3/31 Monitor End: 05/31/2023 AGREEMENT BETWEEN COLLIER COUNTY AND Collier Health Services, Inc. dba Healthcare Network CDBG-CV Healthcare Services THIS AGREEMENT is made and entered in to thi s n._ day of A(>n\ 201:I, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Tamlami Trail, Suite 211, Naples FL 34112, and Collier Health Services, Inc, dba Healthcare Network. (SUBRECIPIENT), a private non-profit organization having its principal office at 1454 Madison Ave, Immokalee, FL 34142. WHEREAS, th e COUNTY has entered into an Agreement with the United States Depa1tment of Housing and Urban Development (HUD) for a grant for the execution and implementation ofa Community Development Block Grant (CDBG) Program in ce1tain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended), codified as 42 USC 5301 et. se. and su bj ect to 24 CFR Patt 570; and WHEREAS, the Board of County Commissioners of Collier County (Board) approved the Collier County Consolidated Plan -One-year Action Plan for Federal Fiscal Year 2019-2020 for the CDBG Program on June 25, 20 19 -Agenda Item 16 .D.2; and WHEREAS, in accordance with HUD regulations and the Colli e r County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2019 -2020 Annual Action Plan, on April 21, 2020, with a 5-day Citizen Comment period from April 21, 2020 to April 26,2020;and COLLffiR HEALTH SERVI CES, INC. dba HEALTHCARE NETWORK CD-CV21-0I Cnse Management Healthcare Services fo r I.ow to Moderate -Income Residents Page I 16.D.3.a Packet Pg. 1007 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) WHEREAS, on May 12, 2020, Agenda Item 16.F.l(J) the Boa1·d ratified the County Manager's action to amend the 2019-2020 One-Year Action Plan to recognize CDBG COVID-19 funding. On Nove111ber 10, 2020, Agenda item 16.D.8, the Board approved another substantial amendment recognizing further CDBG COVID-19 funding, bringing the total amount to $4,232,728 respectively. WHEREAS, the COUNTY established a program to provide assistance to qualified healthcare agencies from its Co111munity Develop111ent Block Grant (Program) due to the circumstances of the COVID-19 health crisis; and WHEREAS, the SUBREClPIENT has applied for and, based on the infonnation provided, is qualified to receive funding from the Collier County CDBG-CV prngram; and WHEREAS, the COUNTY and SUBRECIPJENT wish to set faith the responsibilities and obligations of each in undertaking the CD BG-CV project -(CD-CV21-01) COVID Case Management Healthcare Services. NOW, THEREFORE, in consideration of the covenants and agree111ents contained herein, 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 I SCOPE OF WOIU( The SUB RECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CD BG-CV assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessa,y to conduct the prog1·am as follows: Project Name: COVJD Case Management Healthcare Services Description of project and outcome: Collier Health Services l11c will provide a case management/care navigation progrnm to serve the needs of our most vulnerable patients who have been diagnosed or are at risk for contracting COVID-19 in an effort to minimize disease severity and acute and/or chronic complications. Project Component One: Staffing -Salary costs Project Component Two: Testing and Testing Supplies. COLLIBRHEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV21-0I Case Manngemenl Hcnlthcare Services for Low lo Modernlc•Income Residents Page2 16.D.3.a Packet Pg. 1008 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SUB RECIPIENT must deliver, to CHS fo,· approval, a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: 0 Affirnrntive Fair Housing Policy 0 Affirmative Action/ Equal Opp011m1ity Policy 0 Conflict oflnte,·est Policy 0 Procurement Policy 0 Uniform Relocation Act Policy 0 Sexual Harassment Policy 0 Section 3 Policy 0 Section 504/AOA Policy 0 Fraud, Waste, and Abuse Policy 0 Limited English Proficiency Policy (LEP) 0 Violence Against Women Act (VA WA) Policy 0 LGBTQ Policy C. Annual Subrecipient Training- New Subrccipients: All SUBREC!PIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual Subrecipient Fair Housing training and all other CHS-offered Subrecipient training relevant to the Project, as determined by the Grant Coordinator, not to exceed four ( 4) sessions, 0. Pre-Award Costs: Pmsuant to pre-agreement cost authority under 24 CFR 570.489(b) (States) and pre-award cost authority under CFR 570.200(h): "To account for the urgent activities and costs COBO recipients and subrecipients have unde11aken to prevent, prepare for, and respond to coronavirus, the recipient is authorized to use CDBG-CV fnnds to cover or reimburse costs incurred before the period of performance, provided that the cost to be covered would be otherwise allowable under the flexibilities and requirements established for COBO-CV funds, COBO-CV funds may be used to cover or reimburse allowable costs of activities to prevent, prepare for, and respond to coronavirus incurred by a State or lacoality so long as costs we,·e incurred on or after January 21, 2020. In accordance with pre-agreement cost authority under 24 CFR 570.489(b) (States) and pre-award cost authority under CFR 570.200(11) entitlements, reimbursed costs mnst comply with all grant COLLIER llEALTB SERVICES, INC. dba HEALTHCARE NETWORK CD-CV2l--Ol Case Management Healthcare Services for Low to Mode(ate-lncome Residents Page 3 16.D.3.a Packet Pg. 1009 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) requil'Cments, must be costs to prevent, prepare for, 01· respond to coronavirus, and must not constitute a duplication of benefits." PROJECT DETAILS A. Project Description/Project Budget Description Federnl Amount Project Conmonent One: Staffing -Salary costs $ 950,000.00 Project Component Two: Testing and Testing Supplies $ 220,800.39 Total Federal Funds: $1,170,800.39 The SUB RECIPIENT will accomplish the following checked project tasks: D Pay all closing costs related to property conveyance [81 Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation [81 Maintain and provide National Objective Documentation [81 Provide Quartel'ly Reports on National Objective and project progress [81 Ensure attendance by a representative from executive management at scheduled paitnership meetings, as requested by CHS D Ensure attendance by SUBRECJPJENT and General Contractor at Pre-Constrnction meetings, prior to SUBBRECIPJENf issuance of Notice to Proceed (NTP) D Provide monthly constmction and rehabilitation progress reports until completion of constrnction or rehabilitation D Identify Lead Project Manager 0 Provide Site Design and Specifications D Comply with Davis-Bacon Labor Standards [81 Comply with Section 3 and maintain documentation D Provide certified payroll weekly throughout construction and rehabilitation D Comply with Uniform Relocation Act (URA), ifnecessmy D Ensure applicable numbers of units at·e Section 504/ADA accessible D Enst1re the applicable continued use period for the project is met A. National Objective The CDBG-CV prngram funds awarded to Collier County must benefit low-to moderate-income persons (LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: 0 LMA -Low/Mod Area Benefit [81 LMC -Low/Mod Clientele Benefit D LMH -Low/Mod Housing Benefit 0 LMJ -Low/Mod Job Benefit COLLIER HEAL TH SERVICES, INC. dbn HEALTHCARE NETWORK CD-CV21--0I Case M1mageme111 Hcrillhcare Services for Low to Modornte-Income Residents Page 4 16.D.3.a Packet Pg. 1010 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) LMA: Must docume11t where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CD BG-CV investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low-to moderate- income persons or households, in order to meet a CDBG-CV National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG-CV investment under this Agreement, LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structL1res with less than three units must be occupied by l 00 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG-CV investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will l'equire repayment of the CDBG-CV investment under this Agreement. B. Performance Deliverables Program Deliverable Deliverable Suppm1ing Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this /Section 1. J) Aoreement Jnsurance Insurance Cc1tificate Detailed Project Schedule Project Schedule Proiect Plans and Snecifications Site Plans and Snecifications Subcontractor Lov Subcontractol' Loo Progress Repo1t Exhibit C Section 3 Repo11 Quai1erly report of new hire information Davis-Bacon Act Certified Weekly Ce11ified Payroll Payroll repm1s, forms, and supporting documentation Annual Audit Monitoring Exhibit E Renmt · Financial and Compliance Audit Audit, Management Letter, and Supporting Documentation Continued Use Certification Continued Use Affidavit, if aoolicable COLLIER HEALTH SERVIC~S. INC. dbn HEALTHCARE NETWORK CO-CV21--0I Cose Management Healthcare Services for Low lo Modern!e-lncomc Residents Within sixty (60) days of Aoreement execution Within 30 days of Agreement execution and Annually within thil1v /30) davs of renewal Within sixty (60) days of A"reement execution. Not annlicable Not annlicable Quarterly repo11s on the 10"' day followin<> the end of the auarter. Qua11erly; within 10 days followino the end of the oua11er, Not applicable Annually, within 60 days after FY end Annually: nine (9) months after FY end for Single Audit OR one hundred eighty (180) days after FY end Not applicable Page 5 16.D.3.a Packet Pg. 1011 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) Ca ital Needs Assessment Plan licable licable C. Payment Deliverables Pavment Deliverable Pavment Sunnorling Documentation Submission Schedule Project Component One: Staffing Submission of supporting documents Submission of -Salai-y costs must be provided as backup, as evidenced monthly invoices no by Exhibit B, signed and dated later than the 20'" day timesheets, check stubs, payroll registers, of the following bank statements/cancelled checks and any month other additional documentation as requested. 10% retainage will be held from each pay request until final monitoring clearance and achievement of the national obiective. Project Component Two: Testing Submission of supporting documents Submission of and Testing Supplies must be provided as backup, as evidenced monthly invoices no by receipts, invoices, credit card later than the 20'" day statements, bank statements and any other of the following additional documentation as requested. month 10% retainage will be held from each pay request until final monitoring clearance at1d achievement of the national obiective. Failure by the SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG- CV investment under this Agreement. 1,2 PERIOD OF PERFORMANCE SUB RECIPIENT services shall begin on beginning March I, 2020 for all pre awai·d costs and term of agreement shall begin April I, 2021 and shall end on March 30, 2023, unless terminated earlier, in accordance with provisions of Paragraph 3.9 Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpmt E-Cost Principles and Section 2!5.97(1)(d) Florida Statutes, the SUBRECIPIENT may expend funds authorized by this Agreement only for allowable costs resulting from obligations incutTed during the specific Agreement period. If the SUBRECIPIENT complies with all requirements set fo1th herin, this Agreement shall terminate (Marnh 30, 2023), whernupon all SUB RECIPIENT obligations 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 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 ill part before said termination. COLLIER HEALTH SERVICES, INC. dba HBALTHCAR~ NETWORK CD-CV2l--01 Case Management Henlthcare Services for Low to Moderntc-lncome Residents Page 6 16.D.3.a Packet Pg. 1012 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) The County Manager or designee may extend the term of this Agreement for a period ofup to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.3 AGREEMENT AMOUNT The COUNTY agrees to make available ONE MILLION ONE HUNDRED SEVENTY THOUSAND EIGHT HUNDRED DOLLARS AND 39 CENTS ($1,170,800.39) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, referred to as the "Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than IO 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 perfonnance of this Agreement upon completion or pm1ial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement ofCDBG-CV 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 during the term of this Agreement. 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 the SUBRECIPJENT, when requested, as work progresses but not more frequently than once pet· month. Reimbursement will not occur if SUB RECIPIENT fails to perfo1111 the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grnnt compliance and adherence to all applicable Local, State, or Federal requirements. 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." 1.4 COST PRINCIPLES Payments to the SUBRECIPJENT 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 the Agreement, SUB RECIPIENT 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 SUBRECJPIENT may only incur direct costs that may be attributed COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD•CV2I-0l Case Management Healthc.ire Services for Low to Modcrnte-rncome Residents Page 7 16.D.3.a Packet Pg. 1013 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) specifically to the project(s) referenced above, as defined in 2 CFR 200.413. The SUB RECIPIENT must provide adequate documeutation for validatiug costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200,327, Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles, A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon the Developer, to remain compliant with COUNTY's obligation to follow 2 CFR Subpmt E, The Developer will use adequate internal controls and maintain necessaiy source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1,5 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 paity may change the address to which notices are to be sent by giving written notice of such change to the other party in the manner herein provided for giving notice. Any notice delivered or sent as aforesaid shall be effective on the date of delive1y 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 Government Community and Human Services Division 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Tracey.Smlth@colliercountyfl.gov Telephone: (239) 252-1428 SUBRECIPIENT ATTENTION: Tami Raznoff, Chief Financial Officer Collie,· Health Services, Inc. dba Healthcare Network 1454 Madison Ave Immokalee, Florida 34142 Email: TRaznoff@HealthcareSWFL.org Telephone: (239) 658-3137 Remainder of Page Intentionally Left Blank COLLIER llEALTl{ SERVICES, INC. dba HEALTHCARE NETWORK CD•CV2J-01 Case Management Hcnlthcare Services. for Low to Moderatc~Income Residents Page 8 16.D.3.a Packet Pg. 1014 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 2.1 AUDITS PARTII GRANT CONTROL REQUIREMENTS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENTshall make available for review, inspection, or audit all records, documentation, and any other data relating to all mattern covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit repmts within 30 days after its receipt of the rnport. 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 and 2 CFR 200.50 I. 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 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CD BG-CV Prngram, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG-CV regulations. B. SUB RECIPIENT 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, SUB RECIPIENT shall, at any time upon request, make available to the COUNTY or CHS all reports, plans, surveys 1 info1·rnation, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUB RECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedmes, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NBTWORK CD-CV21--0I Case Mnnagemcnt Healthcnre Services for Low to Modernte-Jnconm Residents Page 9 16.D.3.a Packet Pg. 1015 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. Upon completion of all work co11templated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SlJBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200,334. However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUB RECIPIENT ceases to exist after the closeout of this Agreement, the COUNTY shall be informed, in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT's possession upon termination of the Agreement, and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information teclmology 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, Michae!.Cox@colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. F. SUBRECIP!ENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for gmnt implementation. G. SUB RECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT's compliance. H. SUBRECIPIENT shall document how compliance with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV21-0\ Cflsc M(lnageme11t Healthcare Services for Low to Moderate-Income Residents Page 10 16.D.3.a Packet Pg. 1016 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) been received were accomlished, These also include special requirements, s\1ch as necessary and appropriate determinations as defined it1 24 CPR 570.208, income ce11ification, and written agreements with beneficiaries, where applicable. I. 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, Flol'ida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public reco1·ds that are 1eleased from public records disclosure requirements are not disclosed except as authorized by 2 CPR 200.331 and 2 CF'R 200.338. J, Notwithstanding any provision in the Grant Documents to the contrary, the SUB RECIPIENT 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 alte1· or affect the absolute and unconditional obligation of the SUBRECIPIENT to pay and perform, in full, the obligations set fm1h hereunder, but any action taken or not taken by the SUBRECJPIENT as 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 SUBREClPIENT 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 SUB RECIPIENT acts, at all times, in good faith. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT's fiscal yea,· end. In addition, SUB RECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and s11ppo1ting documentation nine (9) months (crone 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 progmmmatic rnview. SUBRECJPIENT agrees that CHS may cany out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessa1y. 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 satisfacto1y evaluations. Upon request by CHS, the SUBREClPIENT shall submit information and status repol1s required by CHS or HUD, to enable CHS to evaluate said progrnss and allow for completion ofrequired reports. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUB RECIPIENT on site. Such site visits may be scheduled or unscheduled, as dete1111i11ed by CHS or HUD. COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV21-0l Case Mam1gcmcnt Healthcare Services for Low to Moderntc-lncome Residents Page 11 16.D.3.a Packet Pg. 1017 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) COUNTY will monitor the 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 unde,· this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If co!'l'ective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENTagrees to provide HUD, the HUD Office oflnspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditm{s) access to all records related to performance of activities in this Agreement. 2,4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUB RECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or to any appropriate law enforcement authority, if the report is made in good faith. 2,5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperfonnance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Develope,·s, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: I. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the SUB RECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the repmt. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. COLLIER HEALTH SERVlCES, INC. dba HEALTHCARE NETWORK CD-CV2\--0I Case Munagcmcn! Healthcare Services for Low to Modcrntc~!ncomc Residents Page 12 16.D.3.a Packet Pg. 1018 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) • CHS will be available to provide Technical Assistance (TA) to the SUB RECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUB RECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds 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 f011h in Resolution No. 2013-228. 3. If SUB RECIPIENT remains noncom pliant, or repeats an issue that was previously con·ected, and has been infonned by CHS of their substantial noncompliance by ce11ified mail, CHS may require a portion of the awarded grant amount or the amount of the COBO-CV investment for acquisition of the properties conveyed, to be returned to the COUNTY, • CHS may require upwards of IO percent of the award amount to be returned to the COUNTY, at the discretion of the Board. • The SUB RECIPIENT 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 Agreement. The SUB RECIPIENT 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 01· other activities, • SUBRECIPJENTwill be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agrnements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. COLLIER HEALTH SERVICES, INC. dba HEAL'J'JlCARE NElWORK CD-CV21-0\ Case Mnnagement He.ilthcare Services for Low to Moderate-Income Residenls Page 13 16.D.3.a Packet Pg. 1019 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quartel'ly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUB RECIPIENT agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set fo11h in Exhibit C, which contains an example reporting form to be used in fulfillment of this requh'ement. Other repot1ing requirements may be required by the County Manager or designee if the Progrnm changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Repotis 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. Remainder of Page Intentionally Ldt Blank COLUER HEAL TH SERVICES, INC. dbn HEALTHCARE NETWORK CD-CV2l--O! Case Management Healthcare Services for Low to Modern\e-lncome Residents Page 14 16.D.3.a Packet Pg. 1020 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) PARTIII TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given al all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIP!ENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations conceming Community Development Block Grants), including subpart K of these regulations, except that (I) the SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 570.604; (2) the SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of24 CFR Part 52; (3) the SUBRECIPIENT is required to follow the federal procUlement process; and ( 4) for Developers, revenue generated is not considered program income. The CDBG-CV program is funded thrnugh the CARES ACT. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided uncle,· this Agreement. The SUBRECIP!ENT fm1her 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 constrned 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 se1vices 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 SUB RECIPIENT 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 Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIP!ENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, m· Local governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. COLLIER HEALTH SERVICES, INC, dba HEALTHCARE NETWORK CD·CV21--0! Cnse Management Healthcare Services for Low to Moderotc*h1comc Residents Page 15 16.D.3.a Packet Pg. 1021 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) No modification ot· 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 is in writing, and such waiver or consent shall be effective only in the specific instance and for the purpose for which it is given. No failure or delay on the patt of the COUNTY in exercising any right, power, 01· 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. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CD BG-CV grant funds and must· be implemented in full compliance with all of HUD's rules and regulations and any agreement between CXlUNTY and HUD governing CDBG-CV funds pertaining to this Agreement. In the event of c,ntailment or non-prnduclion of said federal funds, or the reduction of funds awarded by HUD to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administe1· the project, the financial resources necessary to continue to pay the SUBRECIPJENT all or any portion of the funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available. [n the event of such termination, the SUB RECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individnal member of the County Commissione,s and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SlJBRECJPIENT under the terms of this Agreement. SUBRECIPJENT 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 pa,ty and shall in no event be used for any prupose prohibited by the Grant Documents or Regulations. No Grant proceeds may be used for the purchase of property or construction of existing property. 3,6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBREC!PIENT shall indemnify and hold ha,mless 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 ot· omission, including but not limited to reasonable attomeys' and paralegals' fees, to the extent caused by the negligence, recklessness, 01· intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors> patt·ons, 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, 01· reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECJPJENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COLLIER HEALTH SERVICES, INC. dbn HEALTHCARE NETWORK CD-CV21--0I Case Mannge1nent Heulthcnre Services for Low lo Moderate-Income Residents Page I 6 16.D.3.a Packet Pg. 1022 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) COUNTY and shall pay all costs (including attomey's fees) and judgments which may issue there- on. This Indemnification shall survive the termination and/or expiration of this Agreement, This sectio11 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 frnth 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 program sponsotships, research repotis, and similar public notices, whether printed or digitally prepared and released by the SUBRECIPJENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUB RECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.8 DEBARMENT AND SUSPENSION SUBRECIPJENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this trnnsaction by any Federal Depa1tment or agency; and the SUBRECIPIENI' shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Debarment and Suspension and 2 CFR 200.213, as further detailed in Section 4.18. 3,9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CPR 200.341, this Agreement may be terminated for convenience by either the COUNTY or the SUBRECIPIENT, in whole or in pa1t, by setting forth the reasons for such termination, the effective date, and in the case of partial tenninations, the portion to be terminated, However, in the case ofa partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities, The following actions or inactions by SUBRECJPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix 11 (A): COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV21--0I Case Management He1tlthcare Services for Low to Moderate-Income Residents Page 17 16.D.3.a Packet Pg. 1023 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) A. SUBRECIPIENT's failure lo comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement. D. SUBRECIPIENT's submission to the COUNTY of reports that are incol'l'ect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false ce1iification. F, SUBRECIPIENT's failure to materially comply with any terms of this Agreement, G. SUBRECIPIENT's failure to materially comply with the terms of any othe,· agreement between the COUNTY and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement, in whole or in part. B, Require the use of, or change in, professional property management. C, Require SUBRECIPIENT to immediately repay lo the COUNTY all CDBG,CV funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable, E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 unde1iaken 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 SUB RECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of COLLIER HEAL TH SERVICES, INC. dbn HEALTHCARE NETWORK CD-CV2t-0I Cnse Management Healthcare Services for Low to Moderate-Income Residents Page I 8 16.D.3.a Packet Pg. 1024 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) termination ( or expiration) and any accounts receivable attributable to the use of CD BG-CV funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBREC[PIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real prope11y are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.11 INSURANCE SUB RECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.3 I 0, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPJENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part !), the Unifonn Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Federal Procurement Standards: Ranoe: Mcthod/Comoetition Required $0 -$10,000 Micro-Purchase $10,001 -$250,000 Small Purchase $250,001+ Sealed Biddin" Collier County Procurement Standards RanP-e: Comnctition Re{IUired $0 -$50,000 3 Written nuotes $50,001+ Formal Solicitation (1TB, RFP, etc.) During the period of the Declared State of Emergency, emergency and exigent purchases will be permitted, following Federal Procurement standards, pursuant to 2 CFR 200.320, provided that SUBRECIPIENT submits sufficient documentation to support cost reasonableness. Acceptance of said documentation shall be at the COUNTY's sole discretion. If the Declared State of Emergency expires before December 30, 2020, SUB RECIPIENT shall ensure that non-emergency COUNTY procmement standares is used for purchases under this Agreement. Regardless of the state of COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV.?.1-01 Case Management Healthcare Services for Low to Moderate-Income Residents Page 19 16.D.3.a Packet Pg. 1025 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) emergency, any purchase in excess of 250,000 will be assessed using a price or cost analysis approved by CHS, prior to purchase. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPJENT shall procure, acquire, or use goods, products or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All items specified in Part I Scope of Work shall be perfonned by SUB RECIPIENT employees, or put out to competitive bidding, under a procedlll'e acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. [n accordance with 2 CFR 200,323, SUBRECJPIENT shall procme items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix ll(J) and 2CFR 200.323. 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. However, if Program Income is derived from the use ofCDBG- CV funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-CV eligible activities approved by COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG-CV funds shall be reported to the COUNTY thrnugh an annual Program Income Re-use Plan, utilized by the SUBREC!PIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the opemtion of the Prngram. When Program Income is generated by an activity that is only partially assisted by CDBG-CV funds, the incomcslrnll be prorated to reflect the percentage of CDBG-CV funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's CDBG Program, fOI' further reallocation. 3,15 GRANT CLOSEOUT PROCEDURES SUBREC!PIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUB RECIPIENT 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 unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUB RECIPIENT shall comply with Section l l 9,02 I, Florida Statutes, rcgat·ding records maintenance, prese1vation, and retention. A conflict between state and federal records retention law requirements will result in the more stringent law being applied, such that the record must be held COLLIER HEALTH SERVICES, INC. dbn HEALTHCARE NETWORK CD-CV21-0i Case Management Healthcare Services for Low to Modernte-lncome Residents Page 20 16.D.3.a Packet Pg. 1026 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 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 SUBRECIPJENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce 1·ecords 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 OPPORTUNITJFA~ FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUB RECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement 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. In addition, to the greatest extent feasible, eligible business cOllcerns located in 01· owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUB RECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968, 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUB RECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable oppmtunity 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 grm1p membet~ or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed 01· Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBREC!PIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low-and moderate-income persons, or presumed to be low-to moderate-income persons based on applicable regulation. Determination ofincome eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(l)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. COLLIER HE.Al.TI-I SERVICES, INC. dba HEALTHCARE NETWORK CD,CV21--0I Case Mrmngeme11t Healthcare Services for Low to Modernte-lncomc Residen\s Page 21 16.D.3.a Packet Pg. 1027 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) If the project is located in an entitlement city as defined by HUD, 01· serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities patticipating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 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. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action Program will need to be updated throughout the continued use period and must be submitted to the COUNTY within 30 days of any update/modification. 3.20 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 01· indirect, in the Project areas or any parcels therein, which would conflict in any manner 01· degree with the performance of this Agreement SUB RECIPIENT also agrees that it will not employ or subcontract any person having any conflict of interest. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.6! 1 "Conflict oflnterest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in pait 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 to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statuto1y requirement that maximum opportunity be provided for employment of and pa1ticipation of low-and moderate- income residents of the project target area. 3.21 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 Federnl COLLIER HEAL TH SERVICES, JNC. dba HEALTHCARE NElWORK CD-CV21-0I Cose M;magement Healthcare Services for Low lo Moderate-Income Residents Page 22 16.D.3.a Packet Pg. 1028 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement. Contractors who apply or· bid for an award of$100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG-CV funds may be used by religious organizations or· on prope1ty owned by religious organizations only in accordance with requirements set forth in Section 24 CFR 570.200(i). 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 01· give preference in employment to persons based on 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 cany out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG-CV funds to support any inherently religious activities, such as worship, religious instrnction, 01· proselytizing. D. The funds shall not be used for the acquisition, construction, 01· rehabilitation of strnctures to the extent that those strnctures are used fo,• inherently religious activities. Whel'(, a strncture is used for both eligible and inherently religious activities, CDBG-CV funds may not exceed the cost of those pmtions of the acquisition, construction, or· rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG-CV funds in this part. Sanctuaries, chapels, or other rooms that a CD BG-CV funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-CV funded improvements. 3,23 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall repo1t to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.24 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. 3,25 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other paity in respect to all covenants of this Agreement. COLLIER HEAL'I'HSERVICES, INC. dba HEALTHCARE NETWORK CD-CV21-0I Cnse Mnnagcment Healthcare Service.'l for Low lO Moderate-Income Residents Page 23 16.D.3.a Packet Pg. 1029 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) The SUBRECIPIENT represents and warrants that the financial data, reports, and other information regarding the Project that SUB RECIPIENT furnished to the COUNTY are accmate and complete, and financial disclosmes fail'iy reprnsent the SUBRECIPIENT's financial position. 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 SUB RECIPIENT to the terms of this Agrement. The Grant Documents shall be constiued in accordance with and govemed by the laws of the State of Florida, without giving effect to its provisions regarding choice oflaws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and c011ditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, itwluding but not limited to any applicable regulations issued by CHS. Electronic Signatmes. 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 COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NE'rWORK CD-CV21--0I Case Manngement Healthcare Services for Low to Moderate-Income Residents Page 24 16.D.3.a Packet Pg. 1030 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) PART IV GENERAL PROVISIONS 4,1 24 CPR 570 as amended-All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bi1Jtcxt-idx?tpHecfrbrowse/Title24/24cfr570 main 02.tpl 4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure. !llms://www.ecfr.gov/cgi-bi1Jtext- idx?S1D= lacdb92f3b05c3l285dd76c26d I 4f54e&mc=irue&node=pt24. I .58&rgn=div5 4.3 Section l04(b) and Section I 09 of Title I of the Housing and Community Development Act of 1974 as amended https://www.hud.gov/program offices/comm planning/communitydeveloprnent/iulesandregs/law s/sec5309 4.4 The Fair Housing Act (42 U,S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF https://www.justice.gov/cn/fail'-housing-act-1 Executive Order 11063 -Equal Opportunity in Housing https://www.archives.gov/federal- register/codificatio,Jexecutive-order/J l 063 .html Executive Order 11259 -Leadership & Coordination of Fair Housing in Federal Programs https ://www .archives. gov/federal-register/codificatio,Jexecuti ve-ordel'i 12259 .html 24 CPR Part 107 -Non-Discrimination and Equal Opprniunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-l 07 4,5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdesc1'iptio,Jtitle6 4,6 24 CFR 570.601 Subpart K -The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal oppo,tunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vo13-sec570- 602.pdf 4,7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Depatiment of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item #8 below 4.8 Title Vll of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUB RECIPIENT will, in all solicitations or adve1iisements for employees placed by or on behalf of the SUBRECIP!ENT, state that it is an Equal Opportunity or Affirmative Action employer. hltps://www.hud.gov/programdescdptio1Jtitle6 COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NRTWORK CD-CV21~01 C11se Mm1agcment He11hhcare Services for Low to Moderntc-lnco,ne Residcn\s Page 25 16.D.3.a Packet Pg. 1031 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 4.9 24 CFR 75 -Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all applicable rnles and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements, https://www.hud.gov/sites/dfiles/FHEO/documents/Section3rule092820.pdf The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low-and very lowMincome persons residing in the metropolitan area in which the project is located.'> The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or othe,· public constrnction project are given to low- and vet·y low-income persons residing within the metrnpolitan area in which the COBO-funded project is located; where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low-and very low-income patticipants in other HUD programs; and award contracts for work unde1taken in connection with a housing rehabilitation (including reduction and abatement oflead- based paint hazards), housing constrnction, or other public construction project to business concerns that provide economic opportunities for low-and very low-income persons residing within the metropolitan area in which the COBO-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low-and very low- income residents within the service area or the neighborhood in which the project is located, and to low-and very low-income pm·ticipants in other HUD programs, The SUBRECIPIENT certifies and agrees that no contracttml or other legal incapacity exists that would prevent compliance with these requirements. https://www.hud.gov/sites/dfiles/FHEO/documents/Section3rule092820.pdf COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV2l-OI Case Manogcment Healthcare Services for Low to Moderatc•Income Residents Page 26 16.D.3.a Packet Pg. 1032 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 4,10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders I 1375, 11478, 12107 and 12086, Age Discrimination Act of 1975 https ://www.law.come\l.edu/uscode/text/42/chapter-76 I 1246: h!!Jls://www.dol.gov/ofccp/regs/statutes/eol 1246.htm 11375: Amended by EO 11478 I 1478: https://www.archives.gov/federal-register/codification/executive-order/ 114 78.httn I 12107: https://www.archives.gov/federal-register/codification/executive-order/J 2107.htm I 12086: https;//www ,archives.gov/federal-register/codification/executive-order/ 12086.htm I 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https ://www.dol.gov/whd/regs/statutes/safe01.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570,614; https;//www.law.cornell,edu/efr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: -1:!!!Jls://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Propel'ty Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real estate/uniform act/index.cfin 4.15 29 CFR Patis 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view .xhtm l?req=granulei d; USC-I 999-title40-section276a- 7 &num=0&edition= 1999 29 CFR Pati 3 -Contractors and Subcontractors on public building or Public Work Financed, in whole or in pmi, by Loans or Grants from the United States https://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Pmt 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Constrnction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) l1ttps://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidcncy.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements, the SUBRECIP!ENTagrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SlJBRECIPIENT, its contractors, or COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV2 \-•DI Case Ma1rngeinent HealthcTire Services for Low to ModenM~lncome Residents Page 27 16.D.3.a Packet Pg. 1033 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) subcontractors from inducing an employee to relinquish any part of his/her compensation, tmder the federally-funded contract. 18 U.S,C. 874 https://www.govlnfo.gov/content/pkg/USCODE--20 I 0-tltlel 8/pdf/USCODE-20 I 0- title 18.pdf 40 U.S.C, 276c https://uscode,house.gov/view.xhtml?req~granuleid:USC-1999-title40- section276c&num-0&edition-1999 4,17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for paiiicipation of minority businesses in Community Development Block Grant Contracts. E.O. I I 625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https:llwww.archives.gov/federal-register/codification/executive-order/11625.html 4,18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: j1t(ps:/1www.ecfr.gov/cgi-bin/text- idx?SID-9eae3f1leaa99l ftl4 l 1 f383b74003bcb I &mc""lrue&node-pt24.3.570&rgn-div5/lse24.3.5 70 1607 E.O. 13279: hltp://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law I 00-430 -the Fair Housing Amendments Act of 1988. ht tps:l /www ,nc bi. nl rn. nih.gov/pubmed/ 122 89709 4.20 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx'/tpl=lecfrbrowse/Title0212cft'200 main 02,tpl 4.21 2 CFR 200.2 I 6 -Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating 01· expending loan or grant funds to: I) procure or obtain; 2) extend or renew a contract to procme or obtain; 3) enter into a contract ( or extend or renew a conlrnct) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.22 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoclhistory/35thlthelaw/irca.htm1 4.23 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 COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV2 l.--01 Case Mnnagemc11l Het1lthcare Services for Low to Moderate-Income Residents Page 28 16.D.3.a Packet Pg. 1034 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 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 531 i. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 pa,t iii Collier County- http://www.co I liergov. net/home/showdocument?id=35 J 3 7 4.24 Order of Precedence -In the event of any conflict between or among the teims of any of the Contract Documents, the terms of the Ag1·eement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4,25 Venue-Any suit ofaction brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.26 Dispute Resolution -Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the pmties, the pmties 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 authmity 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 pmties arising out of this Agreement, the pm1ies shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator ce1iified by the State of Flm·ida, 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 comt; 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 TOA TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.1 oi 4.27 The SUB RECIPIENT agrees to comply with the following requilements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 20 I 0-title4 2/html/USCODE-20 I 0-ti tle42-chap85. htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https:l/www.govinfo.gov/contentlpkg/USCODE-20 l 1-title33/pdf/USCODE-20 I l-title33- chap26.pdf https:/lwww.law.cornell.edu/uscode/text/33/chapter-26 COLLIER HEALTH SERVlCES, INC. dba HEALTHCARE NETWORK CD-CV2J-01 Case Mmrngemcnl Healthcare Sen•ices for Low to Moderate-Income Residents Page 29 16.D.3.a Packet Pg. 1035 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUB RECIPIENT shall asstll'e that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.comell.edu/cfr/text/24/570.605 4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential strnctures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpait K. https://www.gpo.gov/fdsys/granule/CFR- 2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163 4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Pt·eservation Procedures for Protection of Historic Properties, insofa1· as they apply to the perfot'mance of this Agt'eement. https:/ /www.nps.gov/history/local-law/nhpa 1966. htm https:/iwww.achp.gov/sites/default/files/regulations/2017-02/l'egs-rev04.pdf In general, this requires concurrence from the State Historic Prese1vation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or Local historic propetty list. https://www.nps.gov/history/local-law/nhpa 1966.htm 4.31 The SUBREC!PIENT must certify that it will provide drug-free workplaces, in accordance with the Drug-Free Workplace Act of 1988 (41 USC 70 !). hltps://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title4 l-chap IO- sec70 I 4.32 The SUB RECIPIENT 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 Depatiment or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from pa11icipating in this covered transaction as outlined in 24 CFR 570.609, SubpartK. https://www.archives.gov/fcderal-register/co<lification/executive-order/12549.html 4.33 The S\JBRECIPIENT agrees to comply with the following 0MB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incul'red. These requirements are enumerated in 2 CFR 200, et seq. 4.34 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV21-0! C11se Management Healthcare Services for Low to Modera\e•Jncome Residents Page 30 16.D.3.a Packet Pg. 1036 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) SUB RECIPIENT shall comply with the requirements and standards of 2 CPR 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 SUBRECIPJENT'S fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audltrepo1i, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed30 I 0308aef&mc=trne&node=se2. l .200 1344&rgn=div8 4.35 Any real prope1ty acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the prnvisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570,505. https://www.gpo.gov/fdsys/granule/CFR-l999-title49-vol l/CFR-l 999-title49-vol l-sec24-l 0 1 https://www.govinfo ,gov/app/details/CFR-20 l 2-title24-vol3/CFR-20 l 2-title24-vo 13-sec570-505 4.36 As provided in§ 287.133, Florida Statutes, by entering into this Agreement or performing any work in fmtherance hereof, the SUBRECIPIENT ce11ifies that it, its affiliates, suppliern, subcontractors and consultants who will perfonn hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Depattment of Management Se1vices within the 36 months immediately preceding the date hereof. This notice is required by§ 287.133 (3) (a), Florida Statutes. http://www. leg.state.fl. us/Statutes/index ,cfm? App mode=Display Statute&Search String=&UR L~0Z00-0299/0287 /Sections/0287 .133 .html 4.37 No Federal appropriated funds have been paid 01· will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an offlcer 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 agreeme11t, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid 01· will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congl'Css, an offlcer or employee of Congress, or an employee of a Member of Congress, in com,ection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form.LLL, "Disclosme Form to Report Lobbying", in accordance with its instrnctions. 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. COLLTER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-C\12\-01 Case M(lnagcment Healthcare Services for Low to Modcrale•lncomc Residents Page 31 16.D.3.a Packet Pg. 1037 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 4.38 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https :/ /www.gsa.gov/p011al/content/ I 04877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulationslexpan<l/title24 pa1t5 subpartA section5. 106 4.40 Housing Counseling, including homeownership counseling m rental housing counseling, as defined in §5. 100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors ce1tified by the Secretary unde1· 24 CPR part 214 to provide housing counseling, consistent with 12 U.S.C. 170 Ix, per 24 CPR 5.111. https://www.ecfr.goy/cgi-bin/text- idx?SJD=e3J9ece9fdfd 1479eab67e850c7cddd4&node~4:2.1. I .2. l 0.4&rgn=div6 https;//www.law.comell.edu/cfi1tcxt/24/5.111 4.41 HUD Final Rule -Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https;//www.federalregister.gov/documents/2016/ 11/ 16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Florida Statutes 7 I 3.20, Part I, Construction Liens https://www. leg.state. fl. us/Statutes/index.cfin? App mode=Display Statute&URL=0700- Q799/0713/0713 .html 4.44 Florida Statutes 119.021 Records Retention http:/ /www. leg.state. fl. us/Statutes/i ndex.cfin.7Alip~111ode= Display Statutc&U RL~o I 00- 0199/0119/Sections/0119. 02 I.html 4.45 Florida Statutes, 119,071, Contracts and Public Records http://www. leg.state. fl.us/Statutes/index.cfm ?App mode=Display Statute&URL=0 I 00- 0199/0119/Sectjons/0119.071.hnnl 4.46 Limited English Proficiency: The SUBRECIP!ENT 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 pmsuant to information located at http://www.lep.gov. 4.47 Equal Treatment of Faith-Based Organizations: By regulation, HlID prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBREClPIENT agrees to avoid such prohibited conduct. For more infmmation, see COLLIER HEALTH SERVlCHS, INC. dba HEALTHCARE NETWORK CD-CV21--0l Case Management Healthcnrc Services for Low to Modcrate•lncome Residents Page 32 16.D.3.a Packet Pg. 1038 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) https://ojp.gov/about/oc1Jpal'tnerships.httn. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be dil'ected to the Office for Civil Rights. 4.48 Arrest and Conviction Recmds: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUB RECIPIENT agrees to avoid the misuse of arrest 01· 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:/lojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdffor more details. 4.49 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): The SUB RECIPIENT 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 ofCongrnss, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 3 I 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 SUBRECIPIENf shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.50 False Claim; Criminal, or Civil Violation: SUBRECIPJENT 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 m· (ii) committed a criminal or civil violation of laws pe11aining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.51 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 supp011 of any partisan political activities or activities for or against the election of a candidate for an elected office. 4,52 Text Messaging: Pursuant to Executive Orde1· 13513, "Federal Leadeiship on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October l, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of perfonning work funded by HUD and to establish COLLIRR HEALTH SERVICES, INC. rlba HEALTHCARE NETWORK CD·CV2I-0I Case Mant1gement Healthcare Services for Low to Modcrate•Income Residents Page 33 16.D.3.a Packet Pg. 1039 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4,53 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to repo1t allegations) pertaining to prohibited conduct ,·elated to the trafficking of persons, whether on the pare of the SUB RECIPIENT and any employees of the SUBRECIP!ENT. The details of the SUBRECIP!ENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://ojp.gov/funding/Explore/ProhibitedConduct~Trafficking.htm. 4.54 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. 4.55 If the SUBRECIPIENf wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUB RECIPIENT must comply with the requirements of 3 7 CPR Part 401, "Rights ot Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retl'ieveECFR?gp=&SID=a004b6bf20934ace7a717de76 ldc64cO&mccctrue&n=pt37.1 .40 l &r =PART&t,=HTML (Signature Page to Follow) COLLIER HEALTH SERVICES, lNC. dba HEALTHCARE NETWORK CD-CV21-0I Case Management Healthcare Services for Low to Modernte-!ncomc Residents Page 34 16.D.3.a Packet Pg. 1040 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above, ATTEST: ST ••I ' IN~ L CLERK elpedio Assistant County Attorney Date: _ ___._,._'f/ fl~ ~ \ COLLIER HEALTH SERVICES, INC . dba 1-leALTHCARll NETWORK CD-CV21-0 I Case Mnnngement Hcnllhcnre Services for Low to Modernte-lncomc Residents Pnge 35 16.D.3.a Packet Pg. 1041 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) PARTV EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 21 l, 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 insurnnce, 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 oflnsurance must be provided as follows: 4. Professional Liability lnsurnnce, 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 SUBREC!PIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIP!ENT 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 ce1iificate 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 ce1iificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or slmcture(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 400 I), the SUBRECIPIENT shall assure that for activities located in an ai·ea identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV21-0J Case ManBgement Healthcare Services for Low to Moderate~Incomc Residents Page 36 16.D.3.a Packet Pg. 1042 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or constrnction 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 insmed with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injmy and Property Damage. l 0. Property Insurance covernge on an "All Risk" basis, in an amount not less than one hundi-ed (100%) of the replacement cost ofthe property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. COLLIER HEALTH SERVICES, JNC. dba HEALTHCARE NETWORK CD-CV21-0l Case Management Healthcare Services for Low to Modernte-lncome Residents Page 37 16.D.3.a Packet Pg. 1043 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) EXHIBITB COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUB RECIPIENT Name: Collier Health Services, Inc. dba Healthcare Network SUBRECIPIENT Address: 1454 Madison Ave, Jmmokalee, FL 34142 Project Name: COVID Case Management Healthcare Services Project No: CD-CV2 l -O I_ Payment Request# Total Payment Minus Retainage Period of Availability: 04/01/2021 through 03/30/2023 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 ofRetainage, if $ $ annlicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request) (includes Retainage) I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best ofmy knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) COLLffiR HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV2HJI Case M1magcment Healthcure Services for Low to Moderate-Income Residents Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 38 16.D.3.a Packet Pg. 1044 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) EXHJBITC QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (!DIS). The COUNTY rep01ts information on a quarterly basis. To facilitate in the preparation of such reports, SUB RECIPIENT shall submit the information contained herein within ten (l 0) days of the end of each calendar quartet·. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system, Subrecipient Name: Collier Health Services, lnc,dba Date: Healthcare Network Project Title: COVID Case Management Healthcare !DIS#: Services Prol'mm1 Contact: Telenhonc Number: Activitv Reoortin° Period Reo011 Due Date Octobel' l st -Decem her 31 ~, January I 0th Januai·v 1st -March 31 M Anril 10th Anril l st -June 30 th Julv IO" Julv I !t _ Sentem ber 30 th Octobe1· I O'li REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/XX 3/31/XX 6/30/XX 9/30/XX Please note: The CDBG-CV/HOME/ESG Program year begins October I, 2020-September 30, 2023. Each qumterly reoo11 must include cumulative data becinninP from the start of the nrn11ram year October l, 2020, 1. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate youl' nroeress in meeline: those e.:oals since October I, 2020. a. Outcome Goals: list the outcome eoal(s) from vom· a""roved a""lication and SUBREClPIENT Arrreement Outcome I: 75% of staff time will be nrovidinP case manaf1ement sel'vices, Outcome 2: At least 1,000 unduolicated LMC oersons will be served, Outcome 3: b. Goal Pro2:ress: Indicate the nroE?.ress to date in meetin2: each outcome 2:oal. Outcome I: 4 Case managers will be hired snecificallv to focus on case management services, Outcome 2: At least I 000 LMC will be served Outcome 3: Documentation will be kent of the low to moderate income oersons se!'ved on a ouarterlv basis. 2. Is this nroiect still in comoliance with the orie.inal project schedule: Yes D No I I If No, Ex•ilain: 3. Since October 1, 20XX; of the persons assisted, how many ... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes u. ... now have new access (continulne.) to this service or benefit? b. . .. now have imnroved access to this service or benefit? c. ... now receive a service or benefit that is no lon[ter substandard? TotRI I 4. What fundinu sources did the SUBRECJPIENT a•mlv for this c1·iod? Section 108 Loan Guarantee $ CDBG-CV $ Othe1· Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Totnl Entitlement $ Funds COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV21-0I Case Mam1gement Healthcare Services for Low to Moderate-Income Residet1ts Page 39 0 0 0 0 16.D.3.a Packet Pg. 1045 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 5, What is the total numbel' oflJNDUPLlCATED Pel'sons (LMC) or Households (LMH) sel'ved this QUARTER, if applicable? Answer question Sa or 5b; NOT both For LMC activities: people, race/ethnicity I and income dala are reported by persons, For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the numbe1' of persons in the household, a. Total No. Pel'sons/Adults sel'ved (LMC) 0 Total No. persons served under 18 0 !LMC) Oua11er Total No, of Pet·sons 0 Quarter Total No. of Persons 0 b. Total No. of Households sel'ved 0 Total No. of female head of household 0 fLMH\ 6, What is the total number ofUNDUPLICATED clients served since Octobel', if applicable? Answer question 6a or 6b 1 NOT both For LMC activities: race/ethnicitv and income data are l'Cnorted by nersons, a. Total No. Pel'Sons/Adults served (LMC) 0 Total No. Persons served under 18 0 !LMC) YTD Toto!: 0 YTD Total 0 b. Total No. Households sel'ved (LMH) 0 Total No. female head of household (LMH) 0 YTD Toto! 0 YTD Toto! 0 Complete EITHER question 7 or 8, NOT both Complete question 7n nud 7b if your program only serves clienls in one or more of the listed HUD Presumed Benefit cateP-ories. 17. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC) Oua1·ter (LMC) YTD Indicate the total number of UNDUPl/CATED persons Indicate the total number of UNDUPLICATED served this qua1ter who fall into each presumed benefit persons served since Octobel' l who fall into each category {the Iola/ should equal the total in question #6a presumed benefit category {the total should equal lhe 01' 6bl: tolal In aueslion #6a or 6b): a Presumed Benefit Activities Onl (LMC)OTR b Presumed Benefit Activities Onlv (LMC) YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Fal'm LI 0 Migrant Fal'm Workers LI Workers 0 B'atte1·ed LI 0 Baltered Spouses LI Soouses 0 Persons LI 0 Pel'sons w/HIV/AIDS LI w/HIV/AIDS 0 Eldel'ly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Sevel'ety Disabled Adults LI Disabled Adults 0 Q\1arter Totnl 0 YTDTotal I 8. Comolete nuestion 8:1 nnd Sb ifanv client in vom· uroernm does not fall into a Presumed Benefit catee_orv. Other Beneficiary Data: lncome RanPc Other Beneflcial'v Data: Income Ranee Indicate the total number ofUNDUPLICATED persons Indicate the total number ofUNDUPLICATED served this Quarter who fall into each income category persons served since October l (YTO) who fall into (the total should equal the total In question #6): each income category {the total should equal the total In nuestion #6): COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV21--0I Page 40 Case Management Healthcare Services for Low to Modcmte-lncomc Residents 16.D.3.a Packet Pg. 1046 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) I" ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low 0 Income {0-30%) Li Low Income (31-50%) 0 LI Lowlncome 0 MOD Modcrnte Income (51 .. go%) 0 MOD Moderate Income 0 (51-80%) NON-LIM Above Moderate Jncome (>80%) 0 NON-LIM Above Moderate 0 Income (>80%) Qun1·ter Total 0 YTDTotfll 0 I 9. Is this project in a Low/Mod Area (LMA)? YES l lNO I Was project completed this qua11er? YES I I NO I If yes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percenlage Beneficiaries 0 0 0 0 0 Date LMA Narrative approved by CHS? Whnl documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.\ 10. Racial & Ethnic Data (if am,ticablc) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since Octobei· (YTD) fall into each race category. In category. ln addition to each race category, please addition to each race category please indicate how many indicate how many persons in each race category pel'sons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the Iota/ in should enua/ the Iota/ in question 6, > nuest/011 6.) a, RACE ETHNIClTY b, RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 Amel'icon Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native Hawoiinn/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African American & White 0 0 Black/African American & 0 0 While American 1ndian/Ah1ska Native & 0 0 American lndim1/Alaska 0 0 Native & Illack/African Black/African American American Other Multi-racial 0 0 Other Multi~rncial 0 0 0 0 0 0 Name: _______________ _ Signature: ______________ _ Title; _______________ _ Youl' typed name hcl'e renresents your electronic signatul'e COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV2\-0I Cose Management Healthcare Services for Low to Moderate-Income Rcside11!s Page 4 I 16.D.3.a Packet Pg. 1047 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) EXHIBITD INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate suppo11ing documentation proving CDBG-CV assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: ________ _ A, Household Information Member Names-All Household Members Relationship 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Descl'iption Cash Value I 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets Bib) If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate O .06%) and enter results in B(c), otherwise leave blank. B/c) COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD·CV21-0I Case Mnnagement Healthcare Services for Low to Modernte-lncomc Rcsidenls Age Income from Assets 0,00 Page 42 16.D.3.a Packet Pg. 1048 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Othc1· Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses, and greater of overtime) box B(b) or 1 box B(c), 2 above, in 3 box C(e) 4 below) 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00, 0.00 0.00 Ente1· total of items C(a) through C(e). 0.00 This amount is the Annual Anticinated Household Income. D, Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have pl'Ovided, for each person set fo1th in Item A, acceptable vel'ification of cmrent and anticipated annual income. I/we certify that the statements are trne and complete to the best of my/our knowledge and belief, and are given unde1· penalty ofpe1ju1y. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first deg!'ee and is punishable by fines and impl'isonment provided under Section 775.082 and 775.083. Signature of Head of Household Signature of Spouse or Co-Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) COLLIBR HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD•CV21--0 I C11se Management Healthc~rc Services for Low lo Modeni.te-h1comc Residents Date Date Date Date Page 43 16.D.3.a Packet Pg. 1049 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) E. CDBG-CV Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG-CV Program. The family or individual(s) constitute(s) a: D Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/S0'h of the Very Low Income (60 percent ofVLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ____ ~ D Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of I-lousing and Urban Development with adjustments for household size. (Maximum Income Limit$ _____ _, D Low Income (LI) Household means and individual or family whose annual incoine does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$, _____ ~ Based on the, ________ (year) income limits for the Naples-Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG-CV Administrator or His/Her Designated Representative: Signature Date Printed Name Title F, Household Data Numbel' of Persons By Race/ EthnicUy n Aec American Native Other Indian Asian Black Hawaiian 01· White 0-25 26-40 41-61 62+ Other Pac. Islander Hispanic Non- Hispanic NOTE: l1if'ormation concerning the race or ethnicity of the occnpants is being gathered for statistical use only. No be11eficia1y is required to give such ilif'ormalion, and refusal to give such information will not affect any right he or she has to the CD BG-CV program. COLLIER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD-CV21---0l Ct1se Management Healthcare Services for Low to Modernte-lncome Residen!s Page 44 16.D.3.a Packet Pg. 1050 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) EXHIBITE ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -Audit Requirements. This form may be used to monitor Florida Single Audit Act !Statute 215.971 re uirements. Subreclplent Collier Health Services, Inc. dba Healthcare Network Name First Date of Fiscal Year IMM/DD/YYl Last Date of Fiscal Year IMM/DD/YYl Total Federal Financial Assistance Expended Total State Financial Assistance Expended during durinn most recentlv comoleted Fiscal Year most recentlv comoleted 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 h<;ts been completed or will be completed by . Copies of the audit report and management letter are attached or will be nrovided within 30 davs of comnletion. B. We are not subject to the requirements of 0MB 2 CFR Part 200, Subpart F because we: D Did not exceed the expenditure threshold for the fiscal year indicated above □ D Are a for-profit organization D Are exempt for other reasons -explain An audited financial statement is attached and if applicable, the independent auditor's manaaement 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, nolicies, etc. imrlemented and when ii was or will be imolemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Print Name and Title COLLlER HEALTH SERVICES, INC. dba HEALTHCARE NETWORK CD•CV21-0l Case Management Healthcare Services for Low to Moderate-Income Residents I Date I 06/18 Page 45 16.D.3.a Packet Pg. 1051 Attachment: AGRMT SUB 2021 CHSI CD-CV21-01 (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 16.D.3.bPacket Pg. 1052Attachment: AMEND 1 SUB CHSI CD CV21-01 Executed (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 16.D.3.bPacket Pg. 1053Attachment: AMEND 1 SUB CHSI CD CV21-01 Executed (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 16.D.3.bPacket Pg. 1054Attachment: AMEND 1 SUB CHSI CD CV21-01 Executed (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 16.D.3.bPacket Pg. 1055Attachment: AMEND 1 SUB CHSI CD CV21-01 Executed (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 16.D.3.bPacket Pg. 1056Attachment: AMEND 1 SUB CHSI CD CV21-01 Executed (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 16.D.3.cPacket Pg. 1057Attachment: AMEND 2 SUB CHSI CD CV21-01 Executed (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 16.D.3.cPacket Pg. 1058Attachment: AMEND 2 SUB CHSI CD CV21-01 Executed (26884 : Collier Health Services, Inc. CDBG-CV AMEND4) 16.D.3.cPacket Pg. 1059Attachment: AMEND 2 SUB CHSI CD CV21-01 Executed (26884 : Collier Health Services, Inc. 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