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Backup Documents 04/08/2025 Item #16D 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Melissa Juarez Community and Human MJ 4/3/2025 Services 2. County Attorney Office County Attorney Office ,Afiffib �tl 3. BCC Office Board of County Commissioners (1l3 4. Minutes and Records Clerk of Court's Office 7 '4s PRIMARY CONTACT INFORMATION , Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Melissa Juarez,Grants Coordinator 252-2590 Contact/Department Agenda Date Item was 4/8/2025 Agenda Item Number 16.D.8. Approved by the BCC Type of Document AGREEMENT BETWEEN COLLIER Number of Original 3 Attached COUNTY AND COLLIER HEALTH Documents Attached SERVICES, INC. D/B/A HEALTHCARE NETWORK PO number or account number if document is to be recorded - INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the'document require the chairman's original signature MJ 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be MJ signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MJ signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during N/A is not the meeting have been incorporated in the attached document. The County ,.sp , an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the ' f N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the mb an option for Chairman's signature. ✓✓✓"'�� this line. 1 6 D ' 8 MEMORANDUM Date: April 8, 2025 To: Melissa Juarez, Grants Coordinator CHS From: Martha Vergara, Sr. Deputy Clerk Boards Minutes & Records Department Re: Collier Health Services, Inc., d/b/a HealthCare Network Attached is two (2) originals of the document referenced above (Item #16D8), approved by the Board of County Commissioners on Tuesday, April 8, 2025. The original has been kept by Minutes and Records Department as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16D 8 FAIN # B-20-U W-12-0016 Federal Award Date 09/22/2020 Federal Award Agency IIUD CFDA Name Community Development Block Grant-CV CFDA/CSFA# 14.218 Total Amount of Federal $225,000.00 Funds Awarded Subrecipient Name Collier Health Services, Inc. d/b/a Healthcare Network DUNS# 085019511 FEIN 59-1741277 R&D NA Indirect Cost Rate NA Period of Performance 4/1/2025—7/1/2026 - --- --------------------------------Fiscal Year End 3/31 Monitor End: 12/2026 AGREEMENT BETWEEN COLLIER COUNTY AND Collier Health Services,Inc. d/b/a Healthcare Network CDBG-CV Community Health Planning THIS AGREEMENT is made and entered into this RA day of Api;1 2025, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Collier Health Services, Inc. d/b/a Healthcare Network(SUBRECIPIENT), a private non-profit organization having its principal office at 1454 Madison Avenue, Immokalee,FL 34142. WHEREAS,the COUNTY has entered into an Agreement with the United States Department of }lousing and Urban Development(IIUD)for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain 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 subject to 24 CFR Part 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 2021-2022for the CDBG Program on May 28,2024—Agenda Item 16.D.4;and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2021 — 2022 Annual Action Plan,on April 21,2020,with a 5-day Citizen Comment period from April 21,2020 to April 26, 2020; and COLLIER HEALTH SERVICES,INC.d/b/a HEALTIICARE NETWORK CD-CV21-09 Community Health Plan Page 1 16D 8 WHEREAS, on May 12, 2021, 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 CDBG COVID-19 funding. On November 10, 2020,Agenda Item I6.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 agencies from its Community Development Block Grant (Program) due to the circumstances of the COVID-19 health crisis;and WHEREAS, the SUBRECIPIENT, based on the information provided, is qualified to receive funding from the Collier County CDBG-CV program;and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG-CV project—CD-CV21-09- Community I-Iealth Plan . NOW,THEREFORE,in consideration of the covenants and agreements contained herein,and for other good and valuable consideration, the Patties 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 WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG-CV assistance as provided herein and,as determined by Collier County Community and I-Iuman Services (CI-IS)Division, perform the tasks necessary to conduct the program as follows: Project Name: CD-CV21-09-Community Health Plan Description of project and outcome: CI-IS, as administrator of CDBG-CV funds, will make available FY 2021-2022 funds up to the gross amount of$225,000.00 to Collier I-Iealth Services, Inc. to fund the creation of a Community I-Iealth Plan and support outreach efforts to address healthcare access, preventative care and responsiveness help mitigate the risk of future public health emergencies. The plan will benefit the community while focusing on high risk vulnerable persons. Activities will include an initial survey development and distribution, stakeholder meetings,infographic of health best practices, and activities to include the collaboration with health care stakeholder/community partners engagement and produce a comprehensive community health plan. Project Component One: Increase education to the community to address strategic health planning to include but not limited to healthcare access, preventative care and responsiveness through supporting the salary(not including benefits)of one(1)healthcare worker.Activities to include but COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 2 1 6 D 8 not limited to conducting training sessions, providing outreach materials and best practice infographic, and any other supporting activities related to increasing the awareness of healthcare access,preventative care and future public health emergencies. Quarter One Project Component Two: Prepare and distribute community health partner meeting schedule along with stakeholder/community meeting calendar dates to include no less than 12 throughout the agreement term . Develop and provide copies of the initial survey and survey distribution list .Develop best practice infographic. Quarter Two Project Component Three: Provide a copy of best practice infographic and a list of receipients receiving best practices infographic . Provide documentation summary of survey results. Conduct 3 community health partner/stakeholder meetings and provide meeting minutes, agenda and sign-in sheet. Quarter Three Project Component Four: Conduct 3 community health partner/stakeholder meetings along with the first draft of the Community Health Plan and draft executive summaiy. Provide meeting minutes,agenda and sign-in sheet community health partner/stakeholder meetings. Quarter Four Project Component Five: Provide and facilitate 3 community health partner/ stakeholder meetings to include minutes,agenda,and sign-in sheet. Final draft of the Community Health Plan and final draft executive summaiy. Outreach effort summary. Quarter Five Project Component Six: A summary report on outreach efforts conducted by CHSI. Conduct 3 Community health partner/stakeholder meeting minutes,agenda,sign-in sheet,and final CHSI board-approved Community Health Plan with final Executive Summary. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60)calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver, to CHS for approval, a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: ❑ Affirmative Fair Housing Policy ❑ A ffi tiffative-Actierg/-Egt+frl-9ppe-Ftt+ni y-Pel-iey • Conflict of Interest Policy(COI)and related COI Forms • Procurement Policy ❑ Uniform Relocation Act Policy • Sexual Harassment Policy ❑ Section 3 Policy ❑ Section 504/ADA Policy • Fraud, Waste, and Abuse Policy COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 3 16D 8 • Limited English Proficiency Policy(LEP) • Violence Against Women Act(VAWA)Policy [---LGBTQ-Policy C. Annual Subrecipient Training—All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered Subrecipient training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition,must be submitted to the Grant Coordinator, in writing, at least 14 days,prior to the training. PROJECT DETAILS D. Project Description/Project Budget Description Federal Amount Project Component One: Salary (not including benefits) of one (1) $75,000.00 healthcare worker to perform education and outreach. Quarter One Project Component Two: Prepare and distribute community $25,000.00 health partner meeting schedule with 12 stakeholder/community meeting calendar dates.Develop and provide copies of the initial survey and survey distribution list. Develop and prepare for distribution best practice infographic. Quarter Two Project Component Three: Provide a copy of best practice $25,000.00 infographic and a list of receipients receiving best practices infographic. Provide documentation summary of survey results. Conduct community health partner/stakeholder meetings and provide meeting minutes,agenda and sign-in sheet. Quarter Three Project Component Four: Conduct community health $25,000.00 partner/stakeholder meetings along with the first draft of the Community Health Plan and draft executive summary. Provide meeting minutes, agenda and sign-in sheet,community health partner/stakeholder meetings. Quarter Four Project Component Five: Provide and facilitate community $25,000.00 health partner/stakeholder meetings to include minutes,agenda,and sign- in sheet. Final draft of the Community Health Plan and final draft executive summary. Outreach effort summary. Quarter Five Project Component Six: A summary report on outreach $50,000.00 efforts conducted by CHSI. Community health partner/ stakeholder meeting minutes, agenda, sign-in sheet, and final CHSI board- approved Community Health Plan with final Executive Summary. Total Federal Funds: $225,000.00 COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 4 16D 8 The SUBRECIPIEN']'will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation ❑ Maintain and provide National Objective Documentation • Provide Quarterly Reports on project progress ❑ Provide Quarterly Fair Housing Calls Report Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed(NTP) ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation • Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis-Bacon Labor Standards and maintain supporting documentation ❑ Comply with Section 3 report requirements and maintain supporting documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable continued use period for the project is met E. National Objective **This project does not require a National Objective as it is a subset of planning and admin. The CDBG-CV program 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: ❑ LMA—Low/Mod Area Benefit ❑ LMC—Low/Mod Clientele Benefit ❑ LMI-1—Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG-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. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD•CV21-09 Community Health Plan Page 5 16D 8 LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG-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 require repayment of the CDBG-CV investment under this Agreement. F. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this i Within sixty(60)days of (Section 1.1) Agreement Agreement execution Insurance Insurance Certificate Within 30 days of Agreement execution and Annually within thirty(30)days of renewal Detailed Project Schedule Not Applicable Not Applicable Project Plans and Specifications Not Applicable Not Applicable Subcontractor Log Subcontractor Log Not Applicable Quarterly Progress Report Exhibit C Due on the 10th day following the end of the quarter. Fair Housing Calls Report Not Applicable Not Applicable Section 3 Report Not Applicable Not Applicable Davis-Bacon Act Certified Not Applicable Not Applicable Payroll Annual Audit Monitoring Exhibit E Annually,within 60 days after Report FY end Financial and Compliance Audit Audit, Management Letter, and Annually: nine(9)months after Supporting Documentation FY end for Single Audit OR one hundred eighty(180)days after FY end Continued Use Certification Not Applicable Not Applicable Capital Needs Assessment Plan Not Applicable Not Applicable Program Income Reuse Plan Not Applicable Not Applicable G. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component One: Salary Submission of supporting documents Quarterly invoices (not including benefits)of one(1) must be provided as backup,as due on the 10th day healthcare worker to perform evidenced by Exhibit B,timesheets, following the end of education and outreach. payroll registers/summary, and any other the quarter. additional documentation as requested. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 6 16D 8 Payment will be on a Cost Reimbursement basis. Quarter One Project Component Submission of supporting documents Quarterly invoices Two: Prepare and distribute must be provided as backup,as due on the 10th day community health partner meeting evidenced by Exhibit B,copy of the following the end of schedule along with initial survey, survey distribution list, the quarter. stakeholder/community meeting copy of stakeholder/community calendar dates . Develop and calendars, best practice infographic draft provide copies of the initial document and any other additional Payment will be on a survey and survey distribution documentation as requested. Fixed Price basis. list. Develop and prepare for distribution best practice infographic. Quarter Two Project Component Submission of supporting documents Quarterly invoices Three: Provide a copy of best must be provided as backup,as due on the 10th day practice infographic and a list of evidenced by an Exhibit B,Best practices following the end of receipients receiving best infographic, infographic distribution list, the quarter. practices infographic . Provide survey summary report,community documentation summary of health partner/stakeholder meeting Payment will be on a survey results. Conduct minutes, agenda and sign-in sheet and Fixed Price basis. community health any other additional documentation as partner/stakeholder meetings and requested. provide meeting minutes,agenda and sign-in sheet. Quarter Three Project Component Submission of supporting documents Quarterly invoices Four: Conduct community health must be provided as backup, as due on the 10th day partner/stakeholder meetings evidenced by Exhibit B, following the end of along with the first draft of the stakeholder/community meeting minutes, the quarter. Community Health Plan and draft agenda and sign-in sheet.documentation, executive summary. Provide Community Health Plan first draft , Payment will be on a meeting minutes, agenda and Community Health Plan first draft Fixed Price basis. executive summary,and any other sign in sheet community health additional documentation as requested partner/stakeholder meetings. Quarter Four Project Component Submission of supporting documents Quarterly invoices Five: Provide and facilitate must be provided as backup,as due on the 10th day community health partner/ evidenced by Exhibit B, following the end of stakeholder meetings to include stakeholder/community meeting minutes, the quarter. minutes,agenda,and sign-in sheet. agenda and sign-in sheet documentation, Final draft of the Community final draft Community Health plan,final Payment will be on a Health Plan and final draft draft Community Health Plan executive Fixed Price basis. executive summary. Outreach summary,and any other additional effort summary. documentation as requested. COLLIER HEALTH SERVICES,INC.dPo/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 7 16D 8 Quarter Five Project Component Submission of supporting documents Quarterly invoices Six : A summary report on must be provided as backup,as due on the 10th day outreach efforts conducted by evidenced by Exhibit B, following the end of CHSI. Community health partner/ stakeholder/community meeting the quarter. stakeholder meeting minutes, documentation, and the final approved plan with a final executive summary. agenda, sign-in sheet, and final CHSI board approved Summary report of outreach efforts and Payment will be on a any other additional documentation as Fixed Price basis. Community Health Plan with requested. final Executive Summary. SUBRECIPIENT'S failure to provide the final CHSI Board Approved Plan will require repayment of the CDBG-CV investment under this Agreement. 1.2 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on April 1, 2025 and shall end on July 1, 2026, unless terminated earlier, in accordance with provisions of Paragraph 3.9 Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E-Cost Principles and Section 215.97(1)(d) Florida Statutes, the SUBRECIPIENT may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specific Agreement period. Any Funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. If SUBRECIPIENT complies with all requirements set forth herin,this Agreement shall terminate July 1,2026,whereupon all obligations of the SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its rights to recover any damages arising from or relating to the SUBRECIPIENT's breach of any of the Grant Documents, including but not limited to this Agreement and/or any attachments hereto which occurred in whole or in part before said termination. The County Manager or designee may extend the term of this Agreement for a period of up to 15 days after the end of the Agreement, following receipt of SUBRECIPIENT's written request submitted at least 30 days prior to agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.3 AGREEMENT AMOUNT The COUNTY agrees to make available TWO HUNDRED AND TWENTY FIVE THOUSAND DOLLARS ($225,000.00) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter,shall be referred to as the"Funds"). Modification to the "Budget and Scope" may only be made if approved in advance. Cumulative Fund shifts among line items may be approved administratively by the CHS Director or designee COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21--09 Community Health Plan Page 8 1 6 o 8 for up to 10 percent(10%)of the total funding agreement and shall not signify a change in scope. Fund shifts that exceed 10 percent (10%) shall require formal amendment and approval by the Board of County Commissioners (Board). The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CI-IS. SUBRECIPIENT may not request disbursement of CDBG-CV funds until funds are needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request.SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup,a$0 invoice is required.Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 30 days after the end of the Agreement.Work performed during the term of the program but not invoiced within 30 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. CI-IS may withhold any payment request until approved by CI-IS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until the required deliverables or substantial project progression occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.4 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles)of the Agreement,SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT'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 COLLIER HEALTH SERVICES, INC.d/b/a HEALTHCARE NETWORK CD-CV2I-09 Community Health Plan Page 9 16D 8 Developer, to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.5 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 party 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 delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below,unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Melissa Juarez,Grant Coordinator I Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Melissa.Juarez@colliercountyfl.gov Telephone: (239) 252-2590 SUBRECIPIENT ATTENTION: Ariahna Rapp, Director of Grant Compliance Collier Health Services, Inc.d/b/a Healthcare Network 1454 Madison Avenue Immokalee, FL 34142 Email: arapp a,healthcareswfl.org Telephone: (239) 658-3183 ATTENTION: Tami Raznoff, Chief Financial Officer Collier Health Services,Inc. d/b/a Healthcare Network 1454 Madison Avenue Immokalee, FL 34142 Email: TRaznofffHealthcareSWFL.orr Telephone: (239) 658-3137 Remainder of Page Intentionally Left Blank COLLIER HEALTH SERVICES,INC.cl/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 10 16D 8 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501. 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 CDBG-CV Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG-CV regulations. B. SUBRECIPIENT agrees to execute such further documents as may be required by law or prepared by the COUNTY to confirm SUBRECIPIENT's Agreement. C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. D. SUBRECIPIENT shall,at any time upon request,make available to the COUNTY or CHS all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed,prepared,assembled,or completed by the SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 11 16D 8 records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. Upon completion of all work contemplated under this Agreement,copies of all documents and records relating to this Agreement shall be sulTendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for 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 a SUBRECIPIENT ceases to exist after the closeout of this Agreement,the COUNTY shall be informed, in writing,of the address where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall meet all requirements for retaining public records and transfer,at no cost to COUNTY,all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt or confidential public records that are exempt from public records disclosure requirements.All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-5837, Angel.Bates(iDcolliercountyfl.gov, 3299 Tamiami Trail East, Naples, FL 34112. F. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation. G. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT's compliance. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 12 16D 8 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 been received were accomlished. These also include special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries,where applicable. I. SUBRECIPIENT shall establish a system to log all Fair Housing calls. The system must track the nature of the calls; actions taken in response to the calls; results of the actions taken;and, if the caller was referred to another agency,the results obtained by the referral agency. SUBRECIPIENT must submit this call log to CHS quarterly, no later than 10 calendar days after the end of each quarter. J. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. K. Notwithstanding any provision in the Grant Documents to the contrary, the SUBRECIPIENT agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder or under any other Grant Document, or any inaccuracy therein or incompleteness thereof, shall nt in any way alter or affect the absolute and unconditional obligation of the SUBRECIPIENT to pay and perform, in full, the obligations set forth hereunder, but any action taken or not taken by the SUBRECIPIENT as 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 extend thereof,constitute an Event of Default hereunder, so long as the SUBRECIPIENT does not otherwise have or receive notice or knowledge of the material contents or substance of such notice, or of the intended substance of any inaccurate or incomplete notice, as the case may be, and the SUBRECIPIENT acts, at all times, in good faith. 2.3 MONITORING SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports.The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site.Such site visits may be scheduled or unscheduled,as determined by CHS or HUD. COLLIER HEALTI l SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21--09 Community Health Plan Page 13 16D 8 At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary,the SUBRECIPIENT shall make available for review, inspection,or audit all records, documentation, and any other data relating to all matters covered by the Agreement. 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 under this Agreement, further defined by 2 CFR 200.332. Substandard performance,as determined by CHS,will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS,Agreement suspension or termination procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all 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, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No.2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers,or any entity receiving grant funds from CHS.The escalation policy for noncompliance is as follows: COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Comnnmity Health flan Page 14 16D . 8 1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT,as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds be returned to the COUNTY. • CHS may require upwards of 5 percent(5%)of the award amount be returned to the COUNTY,at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant,or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG-CV investment for acquisition of the properties conveyed, be returned to the COUNTY. • CHS may require upwards of 10 percent (10%) of the award amount to be returned to the COUNTY,at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No.2013- 228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant,CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement.The SUBRECIPIENT will be required to repay all funds disbursed by CHS for the project that was terminated.This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No.2013-228. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 15 16D 8 If the SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement,and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in the withholding of payment or issuance of a Notice of Non- Compliance. During the term of this Agreement,SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April,July,and October,respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures including but not limited to,performance data on client feedback with respect to the goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee if the Program changes,the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 16 i6D 8 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent, if given at all,shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations,except that(1) 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 of 24 CFR Part 52; (3)the SUBRECIPIENT is required to follow the federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG-CV program was funded through the Housing and Community Development Act of 1974.The SUBRECIPIENT also agrees to comply with all other applicable laws,regulations,and policies governing the funds provided under this Agreement.The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program, for political activities, inherently religious activities, lobbying, political patronage,and/or nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance,as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization,and approved by the Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. COLLIER I IEALTH SERVICES,INC.d/b/a I IEALTHCARE NETWORK CD-CV2 t-09 Community Health Plan Page 17 16D 8 The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment,signed by both COUNTY and SUBRECIPIENT. No modification or waiver of any provision of the Grant Documents,nor consent to any departure by the SUBRECIPIENT therefrom shall in any event be effective unless the same 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 part of the COUNTY in exercising any right, power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right,power,or privilege. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG-CV grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG-CV funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds,or the reduction of funds awarded by HUD to the COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available.In either event,the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment,that the funds are no longer available. In the event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration,personally liable for the performance of this Agreement,and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due to the COVID-19 public health emergency,and the proceeds of the Grant will not be loaned,granted, or assigned to any party and shall in no event be used for any prupose prohibited by the Grants 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 SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to reasonable attorneys'and paralegals' fees,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 18 160 8 persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs(including attorney's fees)and judgments which may issue there- on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination of this Agreement. 3.7 GRANTEE RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,descriptions of program sponsorships,research reports,and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for,on behalf of,and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. 3.8 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract,or other covered transaction,as outlined in Executive Orders 12549(1986)and 12689(1989),Suspension and Debarment and 2 CFR 200.214,as further detailed in Section 4.18. 3.9 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination,the effective date,and in the case of partial terminations,the portion to be terminated. However,in the case of a partial termination,if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may COLLIER HEALTH SERVICES,INC.d/h/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 19 1 6 D 8 terminate the award in its entirety.This Agreement may also be terminated by the COUNTY,if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200,Appendix II(A): A. SUBRECIPIENT's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies,or directives as may become applicable at any time. B. 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 of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. 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 other 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 to 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 undertaken under this Agreement. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 20 1 6 D ' 8 3.10 REVERSION OF ASSETS Upon Agreement termination and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG-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 SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant(24 CFR 570 et seq.). 3.13 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: Range: Method/Competition Required $0-$10,000 Micro-Purchase $10,001 -$250,000 Small Purchase $250,001+ Sealed Bidding COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-C V21-09 Community Health Plan Page 21 16D 8 Collier County Procurement Standards Range: Competition Required $0-$50,000 3 Written Quotes $50,001+ Formal Solicitation(ITB,RFP,etc.) All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees,or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. 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 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. 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. SUBRECIPIENT must comply with the requirements of the Build America,Buy America(BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of the HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements,unless excepted by a waiver. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated.However,if Program Income is derived from the use of CDBG- 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 through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG-CV funds,the income shall 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,for further reallocation. Purchase of Equipment/Supplies: Per 45 CFR 75, Equipment is defined as tangible personal property(including information technology systems)having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $10,000. The Equipment Tracking form(Exhibit F)must be completed by SUBRECIPIENT and submitted to the COUNTY annually. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 22 1 6D 8 Supplies is defined as all tangible personal property other than those described as Equipment. A computing devise is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial state purposes or $10,000, regardless of the length of its useful life. During the continued use period,as referenced in Section 3.16(Grant Closeout Procedures)of this Agreement,equipment/supplies under SUBRECIPIENT'S control that was acquired or improved, in whole or in part,with CDBG Funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208. If SUBRECIPIENT sells,transfers,disposes of,or otherwise fails to continue to use the CDBG-assisted equipment/supplies in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to the current fair market value of the equipment/supplies, less the percentage of non-CDBG funds used to acquire the equipment/supplies. Equipment/supplies no longer needed by SUBRECIPIENT for CDBG-eligible activities under this Agreement shall be: (a)transferred to the COUNTY for use elsewhere in the CDBG program, or (b) retained by the SUBRECIPIENT after compensating the COUNTY an amount equal to the current fair market value of the equipment/supplies, less the percentage of non-CDBG funds used to acquire the equipment. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed.The SUBRECIPIENT may close out the project with the COUNTY after the expiration of the Agreement.Activities during this closeout period shall include,but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment,program income balances,and receivable accounts to the COUNTY);and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records maintenance,preservation,and retention.A conflict between state and federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration.Any balance of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act.Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of,or be subjected to discrimination under any activity carried out by the performance of this Agreement based on race,color,disability,national origin,religion,age,familial status,or sex.Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this Agreement. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV2I-09 Community Health Plan Page 23 16D 8 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 concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement.As used in this Agreement,the term"small business"means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise"means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans, Asian/Pacific Americans, Native Americans,and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent (51%)of the beneficiaries of a project funded through this Agreement must be low-and moderate- income persons, or presumed to be low- to moderate- income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household.This Agreement conforms to the definition of Annual Income,per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609,with practical instructions contained in HUD Handbook 4350.3,Chapter 5. If the project is located in an entitlement city as defined by HUD, or serves beneficiaries countywide,more than 30 percent(30%)of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program.The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it shall be co p catie ,' principles as provided in President's Executive Order 11246 of September 24, 1966.Pri t t ,t Fr a sTSUB «CP-EN T sha•• te—submit to the COUNTY for approval, on Program. The COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 24 16D 8 Affirmative n t• . » :n. eed telbe updated-threugheut-the-eentmucd use pe ied and must be sub itt d* t COUNTY withi., 30 days ef- ly datehi edi€teatien: 3,303.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner or degree with the performance of this Agreement,and that no person having any conflict of interest shall be employed by or subcontracted by SUBRECIPIENT.The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest,"2 CFR 200.318, and the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing,and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person,or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified,and the costs are reasonable.Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. SUBRECIPIENT shall establish Conflict of Interest reporting requirements for its board membrs and staff to report their participation as a beneficiary in the program supported by this Agreement. Such reporting shall also incorporate reporting the participation of their family members who include a spouse or civil union partner,member of the same household,parent(including step-and in-law) grandparent(including step- and in-law), child (including step-) or grandchild (including step-),sibling(including step-and in-law),cousin,aunt,or uncle. 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 statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate- income residents of the project target area. 3.213.20 BYRD ANTI-LOBBYING AMENDMENT The COUNTY and SUBRECIPIENT certify that it will not, and has not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds,as covered by 31 USC 1352,and more fully described in Section 4.54 of this Agreement. Contractors who apply or bid for an award of$100,000 or more shall file the required certification. 3,223.21 CONDITIONS FOR RELIGIOUS ORGANIZATIONS { COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD•CV21-09 Community Health Plan Page 25 16a 8 CDBG-CV funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion,and will not limit or give preference in employment to persons 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 carry 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 instruction,or proselytizing. D. It shall not use Funds for the acquisition,construction,or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities,CDBG-CV funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG-CV funds in this part. Sanctuaries, chapels, or other rooms that a CDBG-CV funded religious congregation uses as its principal place of worship,however, are ineligible for CDBG-CV funded improvements. 3.233.22 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child,aged person,or disabled person. During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing, within one business day of occurrence,any substantial,controversial,or newsworthy incidents.The Collier County Incident Report Form (Exhibit G)shall be used to report all such incidents. 343.23 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 3.253.24 MISCELLANEOUS The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal representatives,and assigns of such other party in respect to all covenants of this Agreement. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 26 16D 8 The SUBRECIPIENT represents and warrants that the financial data,reports,and other information on the Project and the SUBRECIPIENT furnished to the COUNTY by the SUBRECIPIENT are accurate and complete,and as to financial disclosures, fairly represent the financial position of the SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY'S or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement,is prohibited unless written consent is obtained from such person receiving service and, in case of a minor,that of a responsible parent/guardian. The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agrement. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida,without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state,and municipal laws, ordinances, regulations,orders,and guidelines,including but not limited to any applicable regulations issued by CHS. Electronic Signatures. This Agreement,and related documents entered into in connection with this Agreement are signed when a patty's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.263.25 WAIVER The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 27 16D 8 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended-All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main_02.tp1 4.2 24 CFR 58-The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=lacdb92f3 b05c3 f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5 4.3 Section 104(b)and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended https://www.hud.gov/program_offices/comet_planning/communitydevelopment/rulesandregs/taw 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/crt/fair-housing-act-1 Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.htm l Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/cod ification/executive-order/l 2259.htm l 24 CFR Part 107 -Non-Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/text/24/part-107 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/programdescription/title6 4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.7 Executive Order 11216 ("Equal Employment Opportunity"), as amended by Executive Orders 1 137c a 12086 1 t t i l' t t als frities-a;;d-women on prejec -resisted with—fe} or regulations. EO 112/16: ed EO 11375 att 4.8 Title VII of the 1° ihRig'�t as-a;_ 4-9-72-42-U-SC--§-2000e3-0,-seq,-The-S-14B-RBGIPIEN-T—kvillTiwa-11-setieit-atiens-ep-ad-vet4i-senzieets-fer ot,,,t�,�lfeftie SUBRECIPIENT.state t t it i , Equal Oppertunity Affirmative-Act-io oyer. COLLIER I IEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 28 16D 8 4,94.7 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 rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 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 low-income 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 other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-CV funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-CV funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low-and very low-income residents within the service area or the neighborhood in which the project is located, and to low-and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.hud.gov/sites/dfi les/FHEO/documents/Section3 ruIe092820.pdf COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 29 16D 8 4—04_8 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.htm l 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html 4444.9 Contract Work Hours and Safety Standards Act,40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.124.10 Section 504 of the Rehabilitation Act of 1973,24 CFR 570.614 Subpart K. Section 504: https://www.hud.gov/sites/dfiles/documents/504compliance.pdf 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 '1.134.11 The Americans with Disabilities Act of 1990: https://www.ada.gov/law-and-regs/ 444.12 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.h u dexchange.info/programs/relocation/overy iew/#overy iew-of-the-ura 4:1-54.13 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects.HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtm 1?req=granuleid:USC-1999-tit1e40-section276a- 7&num=0&edition=1999 29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in whole or in part,by Loans or Grants from the United States littps://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/textl29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects.https://www.presidency.ucsb.edu/ws/index.php?pid=23675 COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan rage 30 16D 8 1.164.14 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation,under the federally-fiunded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010- titlel 8.pdf 40 U.S.C.276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4474.15 Executive Order 11625 and U.S.Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/11625.html 4484.16 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: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa991 f0411 f3 83b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5 70_1607 E.O. 13279: https://www.govinfo.gov/content/pkg/WCPD-2002-12-16/pdf/WCPD-2002-12-16- Pg2156.pdf 4494.17 Public Law 100-430-the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 ' 4404.18 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl—/ecfrbrowse/Title02/2cfr200 main_02.tp1 11.214.19 2 CFR 200.15 Never contract with the enemy. Federal agencies, recipients, and subrecipients are subject to the guidance implementing Never Contract with the Enemy in 2 CFR part 183. https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I I/part-200/subpart-C/section-200.215 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-183 4424.20 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain; 3) enter into a contract(or extend or renew a contract) to procure or obtain equipments, COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 31 16D 8 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 2-34.21 Immigration Reform and Control Act of 1986 https://www.eeoc.govieeoc/history/35th/thelaw/irca.html 44.22 Prohibition of Gifts to COUNTY Employees-No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No.2004-05,as amended,and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112part iii Collier County- http://www.col l iergov.net/home/showdocument?id=35137 'I.254.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except 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 2,64.24 Venue-Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts,in Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 474.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 32 16D 8 484.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- _. 2010-title42/htm 1/USCODE-2010-t itle42-chap85.htm https://www.Iaw.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 47294.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood 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.cornell.edu/cfr/text/24/570.605 404.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-2000-title24-vo13/CFR-2000-title24-vol3-secs 70-608- id 163 4.314.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement.Page not found https://www.achp.gov/sites/default/files/•egulations/2017-02/regs-rev04.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal,State,or Local historic property list. https://www.nps.gov/history/local-law/nhpa1966.htm 4.324.30 The SUBRECIPIENI'must certify that it will provide drug-free workplaces,in accordance with the Drug-Free Workplace Act of 1988(41 USC 701). https://www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title41-chap 10- sec701 4334.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 33 16D 8 similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-register/codification/executive-order/12549.html 4,344.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200,et seq. 4.354.33 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S fiscal year.Per 2 CFR 200.345,if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https://www.ecfr.gov/cgi-bin/text- idx?SI D=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div 8 4.364.34 Any real property 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 provisions 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-1999-tit1e49-vol l/CFR-1999-title49-vol l-sec24-101 https://www.gov i nfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vo13-sec570-505 4T-374.35 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder,have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by §287.133 (3)(a),Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?Ahp_mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.html 434.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 34 16D 8 extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4494.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.gov/portal/content/104877 4:10 Equal access in acco•� it `' "visual' e ' • development-programs,per 2'l CFR 5.106 4 444.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling,consistent with 12 U.S.C. 1701x,per 24 CFR 5.111. https://www.ecfi•.gov/current/title-24/subtitle-B/chapter-II/subchapter-B/part-214/subpart-D 4:424.39 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/2016/11/16/2016-25 888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4:424.40 Any rule or regulation determined to be applicable by HUD. 4,444.41 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private employers are required to verify employment eligibility for all new hires beginning January 1,2021. Eligibility determination is not required for continuing employees hired prior to January 1,2021. http://www.leg.state.fl.us/statutes/index.cf►n?App mode—Display Statute&URL=0400- 0499/0448/0448.html For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the SUBRECIPIENT shall participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient(or subrecipient)uses COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 35 16D 8 E-Verify(and follows the proper E-Verify procedures, including in the event of a"Tentative Non- confirmation"or a"Final Non-confirmation")to confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or in part)with award funds. Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E- Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. 441S4.42 Florida Statutes 713.20,Part 1,Construction Liens https://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4,464.43 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.474.44 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.efin?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.071.html 4:484.45 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4A-94.46 Equal Treatment of Faith-Based Organizations: By regulation,HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities.The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4,584.47 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf for more details. 4414.48 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD•CV21-09 Community Health Plan Page 36 16D 8 agency,a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352.Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient.The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352)and(ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. '1.524.49 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor,or other person has either(i)submitted a false claim for grant finds under the False Claims Act or(ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,bribery,gratuity,or similar misconduct involving subaward agreement funds 1.534.50 Political Activities Prohibited:None of the finds provided directly or indirectly under this Agreement shall be used for any political activities or to thither the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4:544.51 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1,2009),HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. • 4,554.52 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://oj p.gov/funding/Explore/Proh ibitedConduct-Trafficking.htm. 44.53 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds,either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OW. COLLIER HEALTH SERVICES,INC.d/b/a IIEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 37 1 6 D 8 4:574.54 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental,developmental,or research work under this funding agreement,the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations and Small Busines Finns Under Government Grants, Contracts, and Cooperative Agreements,"and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a7 17de761 dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTM L 4:584.55 OSHA. Where SUBRECIPIENT employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained,or receive services in buildings or surroundings or under working conditions which are unsanitary,hazardous,or dangerous to the participant's health or safety. 4,594.56 Right to Know. Participants employed or trained for inherently dangerous occupations, e.g., fire or police jobs, shall be assigned to work in accordance with reasonable safety practices. The SUBRECIPIENT will comply with all applicable"Right to Know"Acts. 4:604.57 Whistleblower Protections: a. In accordance with 41 U.S.C. § 4712, the SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury;or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate,discover,or address misconduct. The SUBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies provided under section 41 U.S.C.4712, in the predominant native language of the workforce. https://uscode.house.gov/view.xhhnl?req=(title:4I%20section:4712%20edition:prelim) ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals,whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV2I-09 Community Health Plan Page 38 16D 8 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: AS TO COUNTY: CRYSTAL K. KINZEL, CLERK 6-1e:ra f BOARD OF COUNTY COMMISSIONERSCOLLIER COUNTY, �, 0101 ' ..Ia�r�� FLORIDA fo ha[1•rrlart'sael Cl- �� ITat>XF6 3: a B y T SAUND etifR ,CHAIRPERSON Date:-, er r+'' i3} - " • '1 A'" (SEAL), Date: L q IOIZ5 AS TO SUBRECIPIENT: WITNESSES: COLLIER HEALTH SERVICES, INC.d/b/a HEALTHCARE NETWORK Witness#1 Signature o.-ecA0,_ 0�'{'i'L By:—t Witness#1 Printed NameT MI RAZN CHIEF FINANCIAL OFFICER Witness#2 Signature fzo? Date: ??1 18 S.— Witness#2 Printed Name [Please provide evidence of signing authority] Approv I • 11 . and legality: i11 Jeffrey 1, 4 lazt •w Collier C unty orney Date: 7 )C COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 39 16D 8 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County Board of County Commissioners, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213,Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County Board of County Commissioners must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than$1,000,000 combined single limit for combined Bodily injury and Property Damage. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two(2)years after the certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County Board of County Commissioners and the SUBRECIPIENT. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Pagc 40 1 6D 8 • 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA)as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins,the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County Board of County Commissioners must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%) of the replacement cost of the property. Collier County Boarad of County Commissioners 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 Board of County Commissioners as a Loss Payee A.T.I.M.A. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 41 1 f D 8 EXHIBIT B COLLIER COUNTY COMMUNITY&HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier Health Services,Inc.d/b/a Healthcare Network SUBRECIPIENT Address: 1454 Madison Avenue,Immokalee, FL 34142 Project Name: Community Health Plan Project No:CD-CV21-09 Payment Request 4 Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1.Grant Amount Awarded $ $ 2.Total Amount of Previous Requests $ $ 3.Amount of Today's Request(Net of Retainage,if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request)(includes Retainage) By signing this report, I certify to the best of my knowledge and belief that the information contained in this report is true,complete and accurate.I am aware that any false,fictitious,or fraudulent information,or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise (U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812). Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required $14,999 and Division Director(Approval Required below) $15,000 and above) COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV2I-09 Community Health Plan Page`12 16D 8 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Collier Health Services,Inc.,d/b/a Healthcare Date: Network Project Title: Community Health Plan 1DIS II: Program Contact: Ariahna Rapp Telephone Number: 239-658-3183 Activity Reporting Period Report Due Date October 15'—December 3151 January 10th • January 151—March 31" April 1011‘ April 1"—June 30'h July 10`h July 1"—September 30th October 10t REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period): 6/30/25 9/30/25 12/31/25 3/31/26 6/30/26 Please note: The CDBG-CV/HOME/ESG Program year begins October 1—September 30.Each quarterly report must include cumulative data beginning from the start of the program year October 1. 1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1. a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement Outcome 1: A minimum of four(4)outreach services or training sessions provided. Outcome 2: Plan is posted on website or available healthcare network. Outcome 3: Distribute the Plan to a minimum of three(3)healthcare agencies supported by a signed acknowledgment. Outcome 4: Outcome 5: Outcome 6: b. Goal Progress: Indicate the progress to date in meeting each outcome •oal. Outcome 1: Outcome 2: Outcome 3: — Outcome 4: Outcome 5: Outcome 6: 2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑ If No,Explain: 3. Since October 1,20XX;of the persons assisted,how many... Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing)to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? COLLIER HEALTH SERVICES,INC.<W/a HEALTHCARE NETWORK CD-CV21-09 1 Community Health Plan Page 43 16D 8 Section 108 Loan Guarantee $ CDBG-CV $ _Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ Fluids 5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if applicable? Answer question 5a or 5b; NOT both For LMC activities: people,race/ethnicity,and income data are reported by persons. For LMH activities: households,race/ethnicity,and income level are reported by households,regardless the number of persons in the household. a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0 (LMC) Quarter Total No.of Persons 0 Quarter Total No.of Persons 0 b. Total No.of Households served 0 Total No.of female head of household 0 (LMI I) 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b,NOT both For LMC activities:race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults served(LMC) 0 Total No.Persons served under 18 0 (LMC) YTD Total: 0 YTD Total 0 b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8,NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC)Quarter (LMC)YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this quarter who fall into each presumed benefit persons served since October 1 who fall into each category(the total should equal the total in question 116a presumed benefit category(the total should equal the or 6b): total in question#6a or 6b): a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community health Plan Page 44 16D 8 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since October I (YTD)who fall into (the total should equal the total in question 46): each income category(the total should equal the total in question 116): a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0 Income(0-30%) LI Low Income(31-50%) 0 LI Low Income 0 MOD Moderate Income(51-80%) 0 MOD Moderate income 0 (51-80%) NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0 income(>80%) Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area(LMA)? YES NO Was project completed this quarter? YES NO Ifyes,complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage Beneficiaries 0 0 0 0 0 Date LMA Narrative approved by CIIS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial&Ethnic Data(if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October(YTD)fall into each race category. In category. In addition to each race category,please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic.(Total Race column should equal the total in should equal the total in question 6.) question 6.) a. RACE ETHNICITY b. RACE ETHNICITY /I I I SPANIC /I-IISPAN I C White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native fic Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other PanIslanderder 0 0 Black/African American&White 0 0 Black/African Ameri White 0 0 American Indian/Alaska 0 0 American Indian/Alaska Native& Native&Black/African Black/African American American Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 Name: Signature: Title: COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV2 1-09 Community Health Plan Page 45 1 6D 8 Your typed name here represents your electronic signature COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 46 16D 8 EXHIBIT D INCOME CERTITICATION INSTRUCTIONS Complete this form and retain appropriate supporting 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 Age 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a)is greater than$51,600,multiply that amount by the rate specified by HUD(applicable rate 0.45%)and enter results in B(c), otherwise leave blank. B(c) COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK ' CD-CV2I-09 Community Health Plan Page 47 16D 8 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages/ Benefits/ Public Other Asset Salaries Pensions Assistance Income Lrcome (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) (c) 0.00 0.00 0.00 0.00 Enter total of items C(a)through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. 1/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief,and are given under penalty of per jury. WARNING: Florida Statutes Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context-USCODE-2010-title31-subtitleIII-chap37-subchaplll-sec3729(govinfo.gov) Signature of Head of Household Date Signature of Spouse or Co-Head of Household Date Adult Household Member(if applicable) Date Adult Household Member(if applicable) Date COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 48 1 6 D 8 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: ❑ Extremely Low Income (ELI) Household means and individual or family whose annual income does not exceed 30/50'I'of the Very Low Income(60 percent of VLI)percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S.Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Based 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 Number of Persons By Race/Ethnicity By Age American Native Other Indian Asian Black Hawaiian or White 0-25 26-40 41 -61 62 Other Pac. Islander Hispanic Non- Hispanic NOTE:Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficial);is required to give such information, and refusal to give such n formation will not affect any right he or she has to the CDBG-CV program. COLLIER HEALTH SERVICES,INC.d/b/a HEAL]TICARE NETWORK CD-CV21-09 Community Health Plan Page 49 16D 8 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Collier Health Services, Inc. d/bla Heathcare Network Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A.The federal/state expenditure threshold for our fiscal year ending as indicated above has been n met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above Cl ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature f Date Print Name and Title 06/18 COLLIER 1IEALTh SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan Page 50 16D 8 EXHIBIT F COLLIER COUNTY INVENTORY FORM Subrecipient Name: Collier Health Services,Inc.d/b/a Heatbcare Network Subrecipient Address: Project Name: Project Number: Date: t . ... Grant Name of Acquisition Cost % Location Use Condition Description of Serial Agency Expected Date of Sale Price Status FAIN Title Holder Date Federal Item Number Inventory Retirement Disposition (if Funding or other # Date (if applicable) _...----- ----------- ID applicable) COLLIER HEALTH SERVICES.INC.111I°HEALTHCARE NETWORK CD-C Cnmmvnity Health Picot Page S I 16D 8 Collier County Community & Human Services Division EXHIBIT G INCIDENT REPORT FORM Organization Name: Collier Health Services,Inc.d/b/a Heathcare Network Organization Address: Project No: Grant Coordinator: Date of Incident Time of Incident: Report Submitted By: (Name&Phone) Description of Incident: Location/Address of Incident: Was Police Report Filed? ❑ Yes ❑ No If Yes,Police Report Number: Jurisdiction: Were there any warning signs that this type of Incident could occur? ❑ Yes ❑ No If Yes, Explain: What actions will be taken to prevent a recurrence of a similar incident? I certify under penalty of peijury under F.S. 837.06 that the contents of this affidavit are true and correct. Signature of Person Making Report Date Printed Name Title Return completed form to: Kristi Sonntag,Director,CHS Collier County Community and Human Services Division 3339 Tamiami Trail East, Bldg. H,Suite 213 Naples, FL 34112 Fax: (239)252-2638