The URL can be used to link to this page

Backup Documents 09/23/2025 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 ® 1 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 Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Melissa Juarez Community and Human MJ 9/18/2025 Services 2. County Attorney Office County Attorney Office CC) q/z3/Lf 3. BCC Office Board of County Commissioners by, I `1/ 3 4. Minutes and Records Clerk of Court's Office g 09126, PRIMARY CONTACT INFORMATION 1 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/ r 252-2590 Contact/Department Agenda Date Item was 9/23/2025 Agenda Item Number 16.D.1. Approved by the BCC Type of Document 1ST AMENDMENT BETWEEN COLLIER Number of Original 3 CyILs 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 final 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. G,L� 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 QM 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 N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the C,CD an option for Chairman's signature. this line. 16D1 , FAIN # B-20-UW-12-0016 Federal Award Date 09/22/2020 Federal Award Agency HUD 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 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY,FLORIDA AND Collier Health Services,Inc. d/b/a Healthcare Network CDBG-CV Community Health Planning THIS AMENDMENT is made and entered into this 123 day ofiSetk,itrj 2125, 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 Housing and Urban Development(HUD)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 j2019-2020 2021 20221for the CDBG Program on!June 25, 2019 May 28, 20211 Agenda Item,16.D.2 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 2019-2020 -1- 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 HEALTHCARE NETWORK CD-C V2 1-09 Community Health Plan AMENDMENT#1 1 CAO 16D1 WHEREAS, on May 12, 2020 242-11, Agenda Item #16.F.1(f))1, the Board ratified the County Manager's action to amend the 12019-202d One-Year Action Plan to recognize CDBG COVID-19 funding. On November 10, 20201, Agenda Item F#16.D.8, the Board approved another substantial amendment recognizing further CDBG COVID-19 funding, bringing the total amount to l$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 Health IPlan7. and WHEREAS,on April 8,2025,Agenda Item 16.D.8,the COUNTY entered into an Agreement(the "Agreement") with SUBRECIPIENT which set forth the responsibilities and obligations of each in undertaking the CDBG-CV project—CD-CV21-09- Community Health Plan; and WHEREAS, the parties wish to amend the agreement, incorporated herein by reference, to revise the project component and payment supporting documentation, update the language to Grant and Special Conditions, Grant Control Requirements, Terms and Conditions, and General Provisions, as well as the addition of new Exhibit H. NOW, THEREFORE, in consideration of foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties agree to amend the Agreement as follows. Words Struck Through are deleted; Words Underlined are added. PART I SCOPE OF WORK * * * 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 salaries(not including benefits)of two full-time equivalent(FTE)positions: one(1) healthcare worker and one (1) data analyst. Activities to may include but are not limited to conducting training sessions, providing outreach materials and best practice infographic, analyzing data in support of developing a comprehensive community risk map, and any other supporting activities related to increasing the awareness of healthcare access, preventative care and future public health emergencies. COLLIER HEALI H SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 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. Meet with community stakeholders to develop an interagency protocol. practice infographic. Quarter Two Project Component Three: Provide a copy of Develop a best practice infographic and a list of receipients receiving best practices infographic. Review summary of community needs assessment with stakeholder and document their input. Provide documentation of stakeholder analysis. 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: Develop a Community Risk map based on previous discussions, federal SANAM reports, and outreach survey of community needs. Conduct 3 community health partner/stakeholder meetings along with the first draft of the Community Health Implementation 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 3 community health partner/ stakeholder meetings to include minutes, agenda, and sign-in sheet. Final draft of the Community Health Implementation Plan and final draft executive summary. 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 Conflict of Interest Policy(COI)and related COI Forms Procurement Policy ❑ Uniform Relocation Act Policy Sexual Harassment Policy 1❑ Section 3 Policy ❑ Section 504/ADA Policy Fraud, Waste, and Abuse Policy ❑ Limited English Proficiency Policy(LEP) COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 ►1 Violence Against Women Act(VAWA) Policy C. Conflict of Interest—SUBRECIPIENT must have written conflict of interest policies. The CDBG-CV Program distinguishes between two types of conflict of interest: one related to organizations that carry out the project (recipients or subrecipients), and another specific to individuals involved in providing services and day-to-day project operations. SUBRECIPIENT shall have written policies related to both types of conflicts of interest. With respect to the use of CDBG-CV funds to procure services, equipment, supplies, or other property,the SUBRECIPIENT shall comply with 2 CFR part 200. With respect to all other decisions involving the use of CDBG-CV funds, the following restrictions shall apply: No person who is an employee, agency consultant, officer, or elected or appointed official of the Subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a person or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the process thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure for one year thereafter. If a conflict or a potential or perceived conflict of interest is to occur,the SUBRECIPIENT must contact the COUNTY to determine whether an exception will be allowed as prescribed by the applicable federal regulations. D. E 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 E. D-Project Description/Project Budget Description Federal Amount Project Component One: Salaries(not including benefits) of two full-time $75,000.00 equivalent(FTE) positions: one(1) healthcare worker err and one (1) data analyst. Quarter One Project Component Two: Prepare and distribute community $25,000.00 health partner meeting schedule with 12 stakeholder/community meeting calendar dates. Meet with community stakeholders to develop an interagency protocol. Develop and provide copies of the initial survey COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan AMENDMENT#1 CAO 16D1 and survey distribution list. Develop and prepare for distribution best pmetiee-ifif-egfaphie, Quarter Two Project Component Three: Provide a copy of Develop a best $25,000.00 practice infographic and a list of recipients receiving best practices infographic. Review summary of community needs assessment with stakeholder and document their input. Provide documentation of stakeholder analysis. sum-m-apfef-sufve-y-Festrks7 Conduct community health partner/stakeholder meetings and provide meeting minutes, agenda and sign-in sheet. Quarter Three Project Component Four: Develop a Community Risk map $25,000.00 based on previous discussions, federal SANAM reports, and outreach survey of community needs. Conduct community health partner/stakeholder meetings along with the first draft of the Community Health Plan Implementation 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 Implementation 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 G. F: Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies(Section 1.1) Agreements Agreement executior>I Insurance Insurance Certificate Within 30 days of Agreement execution and Annually within thirty (30)days of renewal; Detailed Project Schedule Not Applicably Not Applicable Project Plans and Specifications Not Applicable' Not Applicable Subcontractor Log Subcontractor Log Not Applicable Quarterly Progress Report Exhibit d 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 COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV2 1-09 Community Health Plan AMENDMENT#1 CAC 16D1 Financial and Compliance !Audit, Management Letter, and Annually: nine (9) months after Audit Supporting Documentation) FY end for Single Audit OR one hundred eighty(180) days after FY end Continued Use Certification Not Applicable !Not Applicable 1 Capital Needs Assessment Plan [Not Applicable Not Applicable Program Income Reuse Plan Not Applicable Not Applicable; Collier County Inventory Form Exhibit F Not Applicable Conflict of Interest Form Subrecipient/DeveloperNendor !Upon execution of the Conflict of Interest Disclosure agreement, for all employees Form provided by COUNTY who work on activities associated with the grant,and upon hiring of all new employees Whistleblower Protections !Exhibit H Upon execution of the Certification agreement, for all employees who work on activities associated with the grant, and upon hiring of all new employees Affidavit Regarding Labor and Affidavit provided by COUNTY Upon execution of the Services(Trafficking) Agreement. H. G: Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component One: Salaries Submission of supporting documents Quarterly invoices (not including benefits)of two must be provided as backup, as due on the 10th day full-time equivalent(FTE) evidenced by Exhibit B,timesheets, following the end of positions: one(1)healthcare payroll registers/summary, and any other the quarter. worker to perf rm educatio+and additional documentation as requested. outreach. One (1) data analyst. 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 n t ^' ^ a st !but on ' st, the quarter. stakeholder/community meeting copy of stakeholder/community calendars calendar dates. Meet with dates, agenda, meeting minutes, a copy of community stakeholders to stakeholder/community list and contact Payment will be on a develop an interagency protocol. information, Fixed Price basis. Develop and provide copies of the Elfaft-deetiment and any other additional initial survey and survey documentation as requested. distribution list. Develop and prepare for distribution best practice infographic. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 Quarter Two Project Component Submission of supporting documents Quarterly invoices Three: Develop must be provided as backup, as due on the 10th day a best practice infographic and a evidenced by an Exhibit B, Best practices following the end of list of recipients receiving best infographic draft document, infographic the quarter. practices infographic. Review distribution list, , summary of community needs copy of community needs assessment Payment will be on a assessment with stakeholder and with stakeholder analysis, community Fixed Price basis. document their input. Provide health partner/stakeholder meeting documentation of stakeholder minutes, agenda and sign-in sheet and analysis. summary ofs„rvey any other additional documentation as results. Conduct community requested. health partner/stakeholder meetings and provide meeting minutes, agenda and sign-in sheet. Quarter Three Project Component Submission of supporting documents Quarterly invoices Four: Develop a Community Risk must be provided as backup, as due on the 10th day map based on previous evidenced by Exhibit B, Community following the end of discussions, federal SANAM Risk map, stakeholder/community the quarter. reports, and outreach survey of meeting minutes, agenda and sign-in community needs. Conduct sheet:documentation, Community Health Payment will be on a community health Implementation Plan first draft, Fixed Price basis. partner/stakeholder meetings Community Health Implementation Plan along with the first draft of the first draft executive summary, and any other additional documentation as Community Health requested Implementation Plan and draft executive summary. Provide meeting minutes, agenda and sign-in sheet community health 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 agenda and sign-in sheet documentation, sheet. Final draft of the final draft Community Health Payment will be on a Community Health Implementation plan, final draft Fixed Price basis. Implementation Plan and final Community Health Implementation Plan draft executive summary. executive summary, and any other Outreach effort summary. additional documentation as requested. 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 Fixed Price basis. [COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 Community Health Plan with any other additional documentation as final Executive Summary. requested. 1.3 AGREEMENT AMOUNT The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of 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 quarter. If no work has been performed during that metith quarter, 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 mehths quarters 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. * * * PART II GRANT CONTROL REQUIREMENTS * * * 2.2 RECORDS AND DOCUMENTATION J. SUBRECIPIENT shall take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) and other types of information in accordance with 2 CFR 200.303(e).This includes information that HUD or the COUNTY designates as sensitive, or other information the COUNTY considers sensitive and is consistent with applicable Federal, State, and Local laws regarding privacy and responsibility over confidentiality. K. 3- 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. L. 1c 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 COLLIER HEALTH SERVICES,INC,d/b/a HEALTHCARE NETWORK CD-CV2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 statement hereunder or under any other Grant Document, or any inaccuracy therein or incompleteness thereof, shall not in any way alter or affect the absolute and unconditional obligation of the SUBRECIPIENT to pay and perform, in full, the obligations set forth hereunder, but any action taken or not taken by the SUBRECIPIENT as 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. PART III TERMS AND CONDITIONS * * * 3.19 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966.Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval, its plan for an Affirmative Action Program. The Affirmative Action Program will need to be updated throughout the continued use period and must be submitted to the COUNTY within 30 days of any update/modification. 3.19 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct 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. All SUBRECIPIENT employees who work on activities associated with this Agreement shall complete the Subrecipient/DeveloperNendor Conflict of Interest Disclosure Form(Exhibit I-j)prior to execution of this Agreement. Any employees hired later during the period of performance for this Agreement who will work on activities associated with this Agreement shall also complete and submit to the COUNTY the Conflict of Interest Disclosure Form. COLLIER HEALTH SERVICES,INC.d/b/a I'EA!TI ICARE NETWORK CD-CV21-09 Community Health Plan AMENDMENT#1 j CAO 1 6 D 1 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 membr;, members 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. 3.20 3.21 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. 3.21 3.22 CONDITIONS FOR RELIGIOUS ORGANIZATIONS 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. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-C V2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 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. 3,22 3.23 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. 3.24 DUPLICATION OF EFFORT SUBRECIPIENT certifies that costs for work to be performed under this Agreement and any subcontract do not duplicate any costs charged against any other contract, subcontract, or other source, in accordance with 48 CFR 1331.205-70. SUBRECIPENT agrees to advise the COUNTY in writing of any other contract or subcontract it has performed or is performing which involves work directly related to the purpose of this Agreement. 372-3 3.25 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 344 3.26 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. 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. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-C V2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 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 party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.25 3.27 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. * PART IV GENERAL PROVISIONS * * * 'COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-C V2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 4.15 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 15 which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. program for minority business enterprise. https://www.arehives.gov/federal register/codification/executive order/11625.html 44-5 4.16 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=9eae3f8eaa99I f0411 f383b74003bcb I&mc=true&node=pt24.3.570&rgn=div5#se24.3 .570 1607 E.O. 13279: https://www.govinfo.gov/content/pkg/WCPD-2002-12-16/pdf/WCPD-2002-12-16- Pg2156.pdf 444 4.17 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 447 4.18 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_m ain_02.tp l 4:1-8 4.19 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 4 9-4.20 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 equipment's, 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 24-4.21 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.htm I 4—1-4.22 Prohibition of Gifts to COUNTY Employees-No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee,as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 'COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan AMENDMENT#1 CM) 16D1 Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter_112_part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 43 4.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except 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. 443 4.24 Venue-Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 444 4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.25 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-tit1e42/htm l/USCODE-2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/contentlpkg/USCODE-2011-title33/pdf/USCODE-2011-tit1e33- chap26.pdf https://www.law.comell.edu/uscode/text/33/chapter-26 COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 4:26 4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.corne I l.edu/cfr/text/24/570.605 4 4.28 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-tit1e24-vol3-sec570-608- id 163 1.28 4.29 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/fi les/regulations/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/histoty/local-law/nhpa1966.htm 414.30 The SUBRECIPIENT 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-title41/USCODE-2009-title41-chap 10- sec701 4:39 4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract,or other covered transaction,with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-register/codification/executive-order/12549.html 4 4.32 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. 4.32 4.33 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 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?SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 4.33 4.34 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-title49-vol 1/CFR-1999-title49-voll-sec24-101 https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vo13-sec570- 505 44 4.35 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.cfrn?App_mode=Display_Statute&Search_String=&U RL=0200-0299/0287/Sections/0287.133.html 4.35 4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying",in accordance with its instructions.The undersigned shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements)and that all SUBRECIPIENTS shall certify and disclose accordingly. 'COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-C V2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 1.36 4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.gov/portal/content/104877 1.10 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. 6nSi�c�uimrcTcrcc��crrr��vpm-czz acccrorr� 4.38 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. 1701 x,per 24 CFR 5.111. https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I1/subchapter-B/part-214/subpart-D 4.39 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/2016/11/16/201.6-25 888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.40 Any rule or regulation determined to be applicable by HUD. 4.41 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.cfm?App_mode=Display_Statute&URL=0400- 0499/0448/O448.htm I 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 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-VerifyEmployerAgentc dhs.gov. 4.42 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0700- 0799/0713/0713.html COLLIER HEALTH SERVICES,INC.d/b/a HEALTI IC ARE NETWORK CD-CV2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 4.43 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.44 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfrn?App mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.45 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.46 Equal Treatment of Faith-Based Organizations: By regulation, 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. A. Organizations that are religious or faith-based are eligible, on the same basis as any other organization,to participate in CDBG-CV. B. The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under CDBG-CV. If the SUBRECIPIENT conducts such activities,the activities must be offered separately, in time or location, from the programs or services funded under CDBG-CV, and participation must be voluntary for the program participants. C. A religious Subrecipient that receives CDBG-CV funding 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 that it does not use direct CDBG-CV funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based Subrecipients may use space in their facilities to provide CDBG-CV funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a Subrecipient retains its authority over its internal governance, and it may retain religious terms in its name, select its board members on a religious basis, and include religious references in its mission statements and other governing documents. D. The Subrecipient that participates in CDBG-CV shall not, in providing program assistance, discriminate against aprogram participant or prospective program participant on the basis of religion or religious belief. E. If the SUBRECIPIENT voluntarily contributes its own funds to supplement federally funded activities, the SUBRECIPIENT has the option to segregate the federal funds or commingle them. However, if the funds are commingled, the requirements listed above apply to all of the commingled funds. COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan AMENDMENT#1 CAO 16D1 4.47 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf for more details. 4.48 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii)ensure that its officers,employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body.None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.49 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent,contractor, subgrantee, subcontractor,or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery, gratuity, or similar misconduct involving subaward agreement funds 4.50 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.51 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 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. 4.52 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 COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-C V2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 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://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. eCFR :: Appendix A to Part 175, Title 2 --Award Term Pursuant to Florida Statues 787.06, SUBRECIPIENT attests that it does not use coercion for labor or services. SUBRECIPIENT shall provide an affidavit, under penalty of perjury, signed by an officer or representative of the organization attesting that it does not use coercion for labor services. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- 0799/078 7/Sections/0787.06.htm 1 4.53 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.54 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts,and Cooperative Agreements," and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc—true&n--pt37.1.401 &r=PART&ty=HTML 4.55 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. 4.56 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. 4.57 Whistleblower Protections: a. In accordance with 2 CFR 200.217 and 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. III I !COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-C V2 1-09 Community Health Plan AMENDMENT#1 CAO 16D1 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 2 CFR 200.217 and 41 U.S.C. § 4712, in the predominant native language of the workforce. https://uscode.house.gov/view.xhtm l?req=(title:41%20section:4712%20edition:prelim) All SUBRECIPIENT employees directly involved with activities associated with this Agreement shall complete and submit to the COUNTY the Collier County Whistleblower Protections Certification form (Exhibit H) prior to execution of this Agreement. Any new employees hired during the period of performance of this Agreement shall also complete and submit the form to the COUNTY. 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. 1. Exhibit H is hereby amended as set forth in Exhibit H attached hereto and incorporated herein. 2. Except as set forth herein,the Agreement remains in full force and effect. (Signature Page to Follow) 'COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan AMENDMENT#1 CAO 16D1 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 BOARD OF COUNTY COMMISSIONERS 4. )„IA / COLLIER COUNTY, FLORIDA Defuty Clerk Attest as to Ci4Aplowle•-- rrimt's $y; B R L. S RS, CHAIRPERSON] Dated: <q. `` , + .E EA Date: 9 /23/2.5 AS TO SUBRECIPIENT: WITNESSES: COLLIER HEALTH SERVICES, INC. d/b/a HEALTHCAR TWORK . iness #1Signature -? ,C.X0. er<" -t Witness #1 Printed Name �11-0(kil RAZNO F, E FINANCIAL OFFICER; ece' Witness #2 Signature d_ - �O&5 Date: '6/ Jax c1 X 0.cm2-� Witness #2 Printed Name [Please provide evidence of signing authority] Approved as to form and legality: Cel4Ael _0.-- D Courtney L. DaSilva O Assistant County Attorney $/Z67es— Date: _ q/23/Zc 1COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan AMENDMENT#1 1 CAO 1 6 D 1 EXHIBIT H COLLIER COUNTY COMMUNITY& HUMAN SERVICES WHISTLEBLOWER PROTECTIONS CERTIFICATION SUBRECIPIENT Name: Collier Health Services, Inc. d/b/a Healthcare Network SUBRECIPIENT Address: 1454 Madison Avenue, Immokalee, FL 34142 Project Name: CDBG-CV Community Health Planning Project No: CD-CV21-09 In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712, SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grants,a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract(including the competition for or negotiation of a contract) or grant. The list of persons and entities referenced in the paragraph above includes the following: • A member of Congress or a representative of a committee of Congress • An Inspector General • The Government Accountability Office • A Treasury employee responsible for contract or grant oversight or management • An authorized official of the Department of Justice or other law enforcement agency • A court or grand jury • A management official or other employee of SUBRECIPIENT,contractor,or subcontractor who has the responsibility to investigate, discover, or address misconduct 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. By signing this form, I certify that Subrecipient Name will comply with all Whistleblower rights and protections for its employees. Name: Signature: Title: Your typed name here represents your electronic signature COLLIER HEALTH SERVICES,INC.d/b/a HEALTHCARE NETWORK CD-CV21-09 Community Health Plan AMENDMENT#1 CAC)