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HomeMy WebLinkAbout2021-008i INDIAN RIVER COUNTY CARES I THIS AGREEMENT is entered into by Indian River Count ,.a address is 1801 27th,Street, Vero Beach, Florida, 32960 ` ei Family Health Center, Inc., a Florida not for -profit cc Vero Beach, FL 32960 (hereinafter referred to as.the' Su re( This agreement is.entered into based on the followi' g rel A.. The. Subrecipient represents that. it is fully purposes identified herein; and B. The Recipient, has received these funds froi the U.S. Department of Treasury and has thi upon1he terms and conditions below; and C. The CARES Act, section 601{d) of the Soc (CRF) and provided Florida,w, ith-$8,328,'n1; and 45%o was allocated to counties. D. The United States Department of the Treasi counties with a population in excess of 500, E. A remaining. balance. .of $1,275,285,790,.I government allocation, for the State to; disby Therefore, the Recipient and the Subrecipient agre (1) LAWS. RULES.. REGULATIONS., AND POL a. Performance under this Agreemei Administrative Requirements. Co Awards." b. As required by section 215:971.(1);f L A provision specifying a sc Recipient is required to pe. ii. A provision dividing the agr be. received and, accept reimbursement. Each deliv specify the. required minimu evaluating the successful e iii. A provision specifying the fails to perform the minima iv. A provision;specifyirig that costs resulting from obligati V. A provision specifying tha advanced or paid must be vi. A provision specifying that Recipient is entitled under refunded to the Recipient' c. In addition to the foregoing, the all applicable State and Federal Ila in Attachment B. Any express ref, or regulation in no way implies that FUNDING AGREEMENT I subdivision of the State of Florida, whose referred to'.asjthe "Recipient"), and Whole i, whose address is 827 18thStreet and eligible to;receive this funding for the the State of Florida, who received :those funds from authority to distribute these funds to the Subrecipient it Security Act, created the Coronavirus Relief Fund 72; 55% of which was allocated to the State' of Florida y disbursed, :$2,472,413;692 of these funds directly to D0. I its reverted 4o the State of Florida from the local se to counties with pop�ilations less than 500' 000.. following: to .2 C.F.R Part 200, entitled "Uniform and Audit Requirements for Federal Flori a Statutes, this Agreement'includes: ope f work that clearly esta blishes the tasks that the rtor , Attachment A. eem nt into quantifiable unitsiof deliverables, that must ed i writing by the Recipient before payment -or erab a must be directly related1to the scope of work and m I Wel service,16 be performed and the criteria for ompletion of each deliverable! fins cial consequences that,apply if the Subrecipient n le el of service required by the agreement. the ubrecipient may expend funds.. only for allowable ons incurred during the specified agreement period. t a balance of unobligated funds which has been refuded to the Recipient. an � funds paid in excess ofithe amount to which the th' terms and conditions of the agreement must be Sub ecipient and the Recipient will, be governed by ws rules and regulations, including those identified eren a in this Agreement to 'a particular statute, rule, no ther statute, rule, or regulation applies: (2) CONTACT a. The Recipient's Program Manager Agreement's terms and conditions; Subrecipient. As part of his/her monitor and document Subrecipient b. The Recipient's Program Manager be responsible for enforcing performance of this will serve as the Recipient's liaison with the es, the Program Manager for the Recipient will brmance. Representative for this Agreement is: c. In the event that a different i Recipient after execution of new representative will be m or representatives or addresses are- designated by me `t; 'notice of the name_ ; title and address lof the the other party. (3) TERMS AND CONDITIONS This Agreerrientcontains all the terms ar 1 . (4) EXECUTION This Agreement—may—be executed in�any be taken as an original. (5) MODIFICATION This agreementmay not be modified. i (6) PERIOD OF AGREEMENT This Agreement shall be effective on, MR unless terminated earlier in. accordance with the or accordance with section 215.971(1`)(d), Florida Statutes, by this Agreement"only for allowable costs resulting fron agreement period." (7) FUNDING a. The Recipient's. performance and oblig; upon an annual appropriation, by the accordance with either Chapter 216,1Floi b. This is a modified reimbursemer disbursement to the Recipient' of Recipent.according to the Unitedstal since made a disbursement 'to the Ri amounts will be disbursed on a reimb c. Subrecipients may be, reimbursed fo Social Security Act, specifically the; Treasury Guidance. Expenditures last resort. d. Reserved j e. For the purposes of this Agreement, 1 I. Any payment that should nq amount (including overpa .contractual, administrative, o f. As required by the Reference Guide f be in accordance with section 112.06 claim on the approved state travel vol g. Reserved. h. The CARES Act requires that the payi to cover expenses that— i. are necessary expenditures respect to the Coronavirus D ii. were not accounted for in the (the date of enactment of the iii. were incurred during the p December 30, 2020. Fund necessary expenditure incuri other criteria of section 60111 itions agreed upon ,by the parties. umber of counterparts, any one of which may i i 111.2020 and shall end on September 30. siorit of Paragraph (16)° TERMINATION. In iSubrecipientmay expend. funds authorized 3ligations incurred during the specific i in to pay under this Agreement is contingent )stature; and subject to any modification in r Statutes and the Florida Constitution. :agreement. The. State made an initial M of the total amount allocated to the Department of the Treasury., The State has pent ofan additional C20'/a. Any additional >ement basis. expenses eligible .under section 601(d) of the avieus Relief Fund and further outlined, in US equired to be used as the source of funding of i he t rm "improper payment" means or includes: have been made or.that was made in an incorrect yme its and underpayments) under statutory, oth r legally applicable requirements. �r State Expenditures, reimbursement for travel must 1, Flmrida Statutes, which includes submission of the from the Coronavirus Relief Fund only be used red due to the public health emergency with 2019 (COVI.D-19); at most recently approved as of March 27, 2020 ES Act) for the State or government; and that begins on March 1, 2020 and ends on isferred to Subrecipierit must qualify as a ie to the public health emergency and meet the the Social Security Act.; Such funds would be subject to. recoupment by the Tr in a manner consistent with "sec Examples of Eligible. Expenses include, i. Medical expenses ii. Public health expenses iii. Payroll expenses for public -safe similar employees whose sen responding to the COV.ID=19 PL iv. Expenses of actions to facilitab measures. V; Expenses associated with the the COVID-19 public health lem A. Any other COVI0-19 — related government that satisN the fun (8) INVOICING ,a. In order to obtain "reimbursement Recipient Grant Manager its reque: to justify and support the payment signed by an official who is authc follows: By signing this report, l certify to the report is true, complete, and accura and cash receipts are for the purpo and conditionsof the Federal"aware fraudulent information, or the omiss to criminal„,civil or administrative pi claims or othenNise. (U'.& Code Titl 3729-3730 and 3801-3812). 1 b. Reimbursements will only be made for e are eligible under the CARES Act. Hol expenditure is eligible does not reliev any expenditures,that-are late.rdeterm government to be -ineligible. (9) RECORDS 4 a. As a condition of receiving state or fede 20.055(6)(c) and 215.97(5)(b), Florida of the State of Florida, the Florid representatives, shall enjoy the right c papers,,or other records.of the Subrecil to make audits, examinations,.excerpts timely and reasonable access to theiSi and discussion related to such docur "Subrecipient" includes employees o' a be paid from funds provided under this b. The Subrecipient shall maintain all r6 d( time specified in the appropriate retenti of State. Information regarding retentio http://dos. myfforida.comAibra ry-archive schedules/. c. Florida's Government in the Sunshine the citizens of Florida with a right of.ai three, basic requirements; (1) all meeti to the public; (2) reasonable notice of the meetings must be taken and promr d. Florida's Public Records Law provides governments as well as to privates e ury,Department if the funds-havehot been used 601(d) of the Social Security Act. are not limited to: public health, health care,.human services, and ;s are substantially dedicated `to mitigating" or c health emergency: ompliance with COVID-19 related public health vision of economic support in connection with lency. Denses reasonably necessary to the function of eligibility criteria. enditures, the Subrecipient must file with the ,nbursement and any other information required Payment requests must include a certification, legally bind "the 'Subrecipient; which reads as lest of my knowledge and belief that the and the expenditures, tlisburseinents as and objectives set forth In the terms I'am aware that any false, fictitious, or m of any material fact, may subject me lalties for fraud, false statements, false 18, Section 1001 and Title 31, Sections i ures that the Recipient provisionally determines he Reci'pient's provisional determination that an ibrecipient of its"duty to tepay,the Recipient for the Recipient, the State of Florida orthe"Federal nancial assistance, and as required by sections ites, the Recipient, the.Chief Inspector General uditor General, or any of their authorized :cess to any documents; financial 'statements, t which are pertinent to this Agreement, in order d transcripts. The right of access also includes cipient's personnel for the purpose of interview s. For the purposes ofthis "section, the term ts, including all subcontractors or consultants to Bement. related to this Agreement for the period of schedule published by the Florida Department hedules. can be obtained at: cords-management/genera I -records - v (Section 286.011., Florida Statutes) provides ;s to governmental proceedings and mandates of public boards or commissions must be open i meetings must be given; and, (3) minutes of ecorded. i ht of access to the records of the state and local as acting on their behalf. Unless specifically exempted from disclosure by .the L governmental agency (or a private entii with.official business which dare used tc qualify as public records -subject to pul THE FL (10) AUDITS a. In .accounting fog the receipt and Subrecipient must follow Generally by 2 C.F.R. §200:A9, GAAP has the the Government Accounting Stane Standards Board (FASB)." b. When conducting an audit of the -SL Recipient must use Generally Accel defined by 2 C.F.R. §200.50, "GAGE accepted government auditing stand States, which are applicable to finan c. If an audit shows that all or any portio. with the conditions of and strict com held liable for reimburseme itto the R applicable regulations and Agreemei has notified the Subrecipient of such d. The Subrecipient must have all aui defined in section 215,91(2)(i), Flc .accountant licensed under chapter 4' complied with the applicable provsic Recipient no later than nine`months: e. The Subrecipient must send copies directly to each of the Program Man, f. Fund payments are considered to be feders and the related provisions of the Uniform (11) REPORTS a. The Subrecipient must provide the Re These reports must include the cunei Under this Agreement, in addition to ar b. Quarterly reports are due to the Reci of the program year and must be -so close-out report. The ending dates June 30, September 30, and Decer agreement is due for the quarter en c. The close-out report is due sixty (61 after completion of the activities cor d. If all required reports and copies a manner acceptable to the Recipii i re, all materials made or received by a on behalf of such an agency) in conjunction uate, communicate, or formalize knowledge action. JESTIONS REGARDING of funds underl this, Agreement, the counting Principles ("GAAP"): As defined :cified in accounting standards.issued by (GASB) and the i Financial :Accounting ht's performance under this Agreement; the Fernment Auditing Standards ("GAGAS"). As known as the Yellow. Book, means,.generally aed by the Comptrollers General ofthe United funds disbursed were not spent in -accordance with this Agreement, the Subrecipient will be ;of all funds'not spentin'accordance with these ,.ions within thirty (3Q) days after the Recipient mpliance. 1pleted by an independent auditor, which is Mutes, as "an independent certifiedpublic independent auditor mustttate that the audit pd above. The audits must be received by the end of the Subrecipient's fiscal year. rting packages required under this paragraph rncial assistance subjectto the Single Audit Act Dance. nt with quarterly reports and a close-out report. atus and progress 'of the expenditure of funds her information requested by the Recipient. later than 15 days after the end of_each quarter h quarter until submission of the administrative ph quarter of the program year are March 31, 1. The first quarterly report due pursuant to this :ptember 30, 2020. after termination of this Agreement or 60 days in this Agreement, whichever occurs first. sent to the Recipient or are not completed in Recipient may withhold;further payments until they. are completed or may take other a "Acceptable to the Recipient":means; that with the Budget and Scope of Work. The Subrecipient must provide additions required 'by the Recipient. (12) MONITORING In addition to reviews of audits conducted in monitoring procedures may include, but r limited scope audits, or other -,procedures. with.any monitoring procedures/processes, that the Recipient determines that a limited Subrecipient agrees to comply'with an"y a the Subrecipient regarding such audit. cooperate with any inspections, review's, i Florida Chief Financial Officer or Auditor < performance and financial management agreement to ensure timely completion';of. (13) LIABILITY I Any Subrecipient which is a state,agency.or Statutes, agrees to be fully responsible' for result in claims or.suitsagainst the ReciF proximately caused by -the acts or omission Statutes. Nothing herein is intended to sery to which sovereign immunity applies. Nothii agency or subdivision of the State of Florid; out of this Agreement. (14) DEFAULT a. If any of the following -events occur (;'Ever Recipient to make further payment ,of fu the Recipient has the option, to eiiercisi (1.5) REMEDIES. However, the Recipient any .Events of Default without waiving th becoming liable.to make any further paym b. If any warranty or representation made previous agreement with. the Recipient is or if the Subrecipient failsto keep or perfe this Agreement or any previous agreemei timely fashion, or is unable., or unwilling to c. If material adverse -changes occur in the fi during the period of agreement, and the. Within thirty (30) days from the date writtei d. If any reports required by this Agreement t been submitted with incorrect, incomplete e. If the Subrecipient has failed to perform ai this Agreement. (15) REMEDIES 1 If, an Event of Default occurs, then the Recipient maj the Subrecipient and upon the Subrecipient's failure 1 one or more of the following remedies, either concur Terminate this Agreement, provided that prior written notice of the termination. 1 United States, first class mail, postage pry requested, to the address in paragraph (; Begin an appropriate legal or equitable a ion as stated in Paragraph (15) REMEDIES. ie work.product was completed in accordance program updates or information that may be ,cordance with paragraph (10) AUDITS above, be limited to, on-site visits by Recipient staff, Subrecipient agrees to comply and cooperate 3med appropriate by the Recipient. Inahe event ipe.aud'it ofthe Subrecipient is appropriate; the ional instructions provided by the Recipient to Subrecipient further agrees to comply and stigations or audits deemed necessary by the eral. In addition, the Recipient -will monitor the the Subrecipient throughout the period of ubdivision, as defined in section 768.28, Florida s negligent or tortious acts or omissions which int, and agrees to be liable for any ,damages to the extent set forth in section 768.28, Florida as a waiver of sovereign1mmunity by any party I herein will be construed as consent by a state to be sued by third parties in any matter arising is of Default"), all obligations on the. part of the ids will, if the RecipienUelects, terminate and any of its remedies set' forth in Paragraph may make payments or'pariial payments after right to exercise such remedies, and without mt. �y the Subrecipient in this Agreement or any )r becomes false or misleading in any respect, m any of the obligations,lterms or covenants in t with the Recipient and has not cured them in neet its obligations under this Agreement. uncial condition of the Subrecipient at any time Subrecipient fails to cure this adverse change notice is sent by the Recipient. ave not been submitted to the Recipient or have )r. insufficient information,; d complete on time any of its obligations under after thirty (30) calendar days written notice to cure within those thirty (30) days, exercise any mtly or consecutively: e Subrecipient is given at least thirty (30) days notice shall be effective when placed in the aid, by registered or certified mail -return receipt CONTACT herein; on to enforce performance of this Agreement; I 1 f c. Withhold or suspend payment of all or an part of a request for payment; d. Require that the Subrecipient refund to the ecipientany monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial action_, to include but not be limited to: L request additional information fro the Subrecipient to determine the reasons-for or the extent of non-compliance o lack of performance, ii issue a written warning to advise" more serious measures may be taken if the situation is not corrected; iii. advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question, o.r iv: require theSubeecipierit to reimbu se the Recipient for the amount of costs incurred for any items determined to be ineligible, or f. Exercise any other rights or remedie§ whi h may be available under law. Pursuing any of the above remedies will not stop .the Rec pient from pursuing any `other remedies in this Agreement or, provided at law. or in equity If the Recipient waives iany. right or remedy in this Agreement or fails to insist on; stric performance by the Subrecipient; it will not affect, extend or waive any other right` or re nedyofthe Recipient, or affect the later exercise of the same right or remedy bythe lZecipi ntfor any other default by. the Subrecipient. (16) TERMINATION j a. The Recipient may terminate this Agreem ntfor cause after thirty .(30) days written notice. Cause can' include misuse of funds, !fraud, lack.of compliance with applicable rules, laws and regulations,failure to perform onetime and refusal by the Subrecipient_to permit public access to any, document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Recipient of ErAerge cy Management Statutes, as amended. b. The Recipient may terminate this Agreer�ent for convenience or when it determines, in its sole discretion, that continuing the Agiement would not produce beneficial. ,results in line with the further 'expenditure of fund `by providing the Subrecipient with thirty (30) calendar days prior written notice. c. The parties -may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. T1 ie:amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. d. In the event this Agreement is terminated the Subrecipient will not incur new obligations for the terminated portion of this Agreeent after they have received .the notification of termination. The'Subrecipieni will cancel as many outstanding obligations as possible. Costs incurred after receipt of the terrain tion notice will be disallowed. The Subrecipient will not be relieved of liability to the !Rec exit because of any breach of this Agreement by the Subrecipient. The Recipient may, to the extent"authorized by law, withhold payments to the Subrecipient for the purposes of s t-off until the exact amount of damages due the Recipient from the Subrecipient is det rmined. (17) ATTACH EMENTS a. All attachments to this Agreement areinc rporated as if set out fully. b. In the event of any inconsistencies or, conflict between the languagelof this Agreement and the attachments, the language of the; alta hments will control, but only to the extent of the conflict or inconsistency. j (18) PAYMENTS a. The Recipient will make eligible reimpurs ments to Subrecipient up; to $80,280.00. (19) REPAYMENTS a. All refunds, return of improper payments,or repayments due to the Recipient under this Agreement are to be made payable to t e order of "Indian River County," and mailed directly to the following address: 1801127th Street VeroBeac , Florida 32960 (20) b. In accordance with section215.34(2)r, to the Recipient for collection, Subree or 5% of the face amount of the retur Florida Statutes, if a check or;other draft is returned lien shall pay the Recipient a "service fee of $15.00 .,d check, or draft, whichever is greater. IS a. The validity of this Agreement is subject representations, and materials subMitt Agreement, in any later submission or submission or response to fulfill the require representations, and materials is ihco submissions or any material changesjwill, days written notice to the Subrecipient; c release of the Recipient from all its obligat b. This Agreement must be. construed unde any actions arising out of this Agreement If any .provision of .this Agreement ism . unenforceable, then the provision is null severable, but does not' invalidate any oth c. Any power of approval or disapproval gr Agreement will survive the term of this Ag d. This Agreement may be executed inli any be taken as an original. .e. The Subrecipient agrees. to comply with 1 101-336.42 ' 01-336,42, U.S.C. Section 1.2101 et sec private entities on the basis of disab transportation, State and. local govern mer f. Those who have been placed -on the convi entity crime or on the discriminatory: ver provide any goods or services to a:public public entityforthe construction or repair c bids on leases of real property to a public a contractor, supplier, subcontractor,' or c and may not transact business with any p of thirty-six (36) months from the date of the discriminatory vendor list. i g. The State of Florida's performance an contingent upon an annual, appropriation b in accordance with Chapter 2161 Florida Ic h. All bills for fees or other compensation for sufficient for a proper pre -audit and post I. Any bills fortravel expenses must be subrr Statutes. j. The Recipient reserves the right to nilat refuses to allow public access to all docur the provisions of Chapter 119, Florida Stat under this Agreement. k. If "the Subrecipient is allowed to tempos Agreement, they must use the interest eai to cover expenditures incurred in accordai and the Guidance on eligible expenses. government's general account, it ;may management needs provided that the f necessary expenditures. Fund paymen, Improvement Act of 1990, as amended. publicly -funded contracts to any coritrac workers, constituting a violation of :the Section 1324a(e) [Section 274A(e) of th Recipient shall consider the employment b of Section 274A(e) of the INA. Such vi provisions contained in Section 274A( cancellation of this Agreement by the; Rec to the truth and accuracylof all the information, d or provided by the.I Subrecipient in this response to a Recipient _request, or in any ents of this Agreement. All of said information, orated by reference. The inaccuracy of the t the option of the Recipient and with thirty (30) use the termination of this_ Agreement and I th ons to the Subrecipient.C the laws "of the State of Florida, and venue for III be in the Circuit Court of Indian River County. c)nflict with any applicable statute or rule, or is and void" to the extent of the conflict, and is r provision, of this Agreement. nted to the Recipient under the terms of this .,..,.,.,4 i umber of counterparts, any one of which may e Americans With Disabilities Act (Public Law ), which prohibits discrimination by public and ty in employment, public accommodations, services, and telecommunications. :ed vendor list following:a�conviction for a public or list may not submit a bid on a contract to ntity, may not submita bid on a contractwitha a public building or public work, may not submit m ity, may not be, awarded or perform work as insultant under a contract with a public. entity, blic entity in excess of $25,000:00 for a period eing placed on the convicted vendor list or on obligation to pay under this Agreement is the Legislature; and subject to any modification 3tutes, or the Florida Constitution. Brvices or expenses shall be submitted in detail dit thereof. l ted in accordance with section 112.061, Florida ally cancel this Agreement if the Subrecipient )tits, papers, letters or other material subject to tes, which the Subrecipient created or received my invest any advance's of funds under this ed or other proceeds of these investments only ;e with section 601(d) of the Social Security Act f a government deposits CRF payments in a use those funds to meet immediate cash I amount of the payment is used to cover are not subject to the Cash Management he State of Florida will not intentionally award �r who knowingly employs unauthorized alien mployment provisions contained in 8 U.S.C. Immigration and Nationality Act ("INA")]. The any contractor of unauthorized aliens a violation ation by the Subrecipient of the employment I of the INA will be grounds for unilateral )ient. I i The Subrecipient is subject to Florida's Goi Florida Statutes) with respect to the meetir meetings of any subcommittee making re these meetings must be publicly noticed, meetings will be public records, available Florida Statutes. m. All expenditures of state or federal finan laws, rules and regulations applicable to limited to, the Reference Guide for State I n. This Agreement may be, charged only i incurred during the .period of agreement. o. Any balances of unobligated cash that ha% to be retained for direct program cots it Recipient, i p. If the purchase of the asset was. consistei provided by section 601(d) of the Social Sc If such assets are disposed of prior to De( to the restrictions on the eligible -use of pa! of the Social Security Act. (21) LOBBYING PROHIBTION I a. Section 216.347, Florida Statutes,1 prof appropriations pursuant,to a contract ori terms of the grant or contract prohibit the i the Legislature, the judicial branch, or a st b. No funds or other resources received from directly or indirectly to, influence legislate Legislature or any state, agency. c. 2 C.F.R. §200.450 prohibits reimbuIrsem activities. d. Section 216.347, Florida Statutes, ! prof appropriations pursuant to a contract or terms of the grant o'f contract prohibit the the Legislature, the judicial branch, or a st e. No funds or other resources received from directly or indirectly to influence legislat Legislature or any state agency. i. The Subrecipient certifies; by its si or her knowledge and belief: I ii. No Federal appropriated funds ha the Subrecipient, to any person fc or employee of any agency,i a IV Congress, or an employee ;of a awarding of any Federal contract, any Federal loan, the entering extension, continuation, renewal contract, grant, loan or cooperativ iii. If any funds other than Federal al to any person for influencing; or a any agency, a Member of Congr employee of a Member of Congre loan or cooperative agreement, Standard Form -LLL, "Disclosure c iv. The Subrecipient must require I documents for all subawards (in under grants, loans, and cool eras certify and disclose. v. This certification is a material n placed when this transaction w certification is a prerequisite for r arnment in -the Sunshine Law (Section 286.011, gs of the Subrecipient's,'governing board or the :ommendations to the governing, board. All of open to the public, and the minutes of all the ,to 'the public in accordance with Chapter 119, al assistance must be in compliance with the :xpendilures of State funds, including but not cpenditures. ith allowable costs resulting from obligations been advanced or paid that are not authorized a subsequent period must be refunded to the with the limitations.on the eligible use of funds ,urity Act, the Subrecipient may retain the asset. ?mber 30,, 2020, the proceeds .would be subject nents from the Fund ptov,Wed by section 601 (0) bits "any disbursements .of grants and aids rant to any, person or organization unless the KPenditure" of funds for the purpose of lobbying to agency." )e Recipient under this AgreementMay be used in or any other official action by the Florida nt for costs associated ywith certain lobbying bits "any disbursement of grants and aids rant to any person or organization unless the Kpenditure of funds for the•purpose of lobbying to agency." ie Recipient under this Agreement may be used m or any other official 'action by the Florida mature to this Agreement, that to the best of his t ie been paid or will be paid, by or on behalf of influencing or attempting to influence an officer amber of Congress, an officer or employee of Member of Congress in connection with the the making of any Federal grant, the making of nto of any cooperative agreement, and the amendment or modification of any Federal agreement. 3ropriated funds have been paid or will be paid tempting to influence an officer or employee of ss, an officer or employee of Congress, or an s in connection with this Federal contract, grant, the Subrecipient must complete and submit Lobbying Activities." at this certification be included in the award luding subcontracts, subgrants, and contracts ve agreements) and that all Subrecipient s shall presentation of fact upon which reliance was is made or entered into. Submission of this aking or entering into thi's transaction imposed i I s t I by Section 1352, Title 31, U.S certification shall be subject to a than $100,000 for"each.suchfai (22) LEGAL AUTHORIZATION ' The Subrecipient certifies that it has ,the Agreement and that its governing body has Agreement. The Subrecipient also certifies 1 legally execute and bind .the Subrecipient to (23) ASSURANCES The Subrecipient must comply with any Stat( C. il (24) a. In accordance with 41 C.F.R. §60 - incorporate or cause to be incorpc modification thereof, as defined in tt Chapter 60, which is paid' for in wh, Government or borrowed on the cre contract, loan, insurance, or guarant involving such grant, contract, los opportunity clause: During the performance of this The contractor will not discriminate a because of race, color, religion, sex, s The contractor will take affi'rmati've acti employees are treated during employer sexual orientation, .gender identity, or i limited to the following: i. Employment, upgrading, advertising; layoff or termii and selection for training, postin conspicuous p 1 employment, notices to nondiscrimination clause. ii. The contractor will, in all so or on behalf of the conte considerations for employer orientation, gender identity iii. The contractor Will not disc! employee or applicant for e inquired about, discussed, applicant or another erhpl instances in which an e information of other empl essential job functions disc applicants to individuals wt unless such disclosure is furtherance of an investig investigation conducted by legal duty to furnish inform. iv. The contractor will send toe which he has a collecti understanding, a notice to b representatives of the conte post copies of the notice ii applicants for employment. I to nt V or ) do in r the le. Any person who falls to file the required penalty of not less than,$:10,000 and not more al authority to receive the funds under this :horized the execution. and acceptance of this t the undersigned person has the authority to terms of this Agreement. :nt of Assurances incorporated as Attachment i I the Subrecipient hereby agrees that it will into any contract -for construction work, or ulations of the Secretary of Labor at 41 CFR 'in part witl funds obtained "from the Federal the Federal Government pursuant to a.grant, undertaken pursuant to ;any Federal program wrance, or guarantee, the following equal rt, the contractor agrees has follows: any employee or applicant for employment orientation; gender identity, or national origin. snsure that applicants are employed, and that ithout regard,_to :their race; color, religion, sex, d origin. Such action shall include, but not be ;ion, or transfer; recruitment .or recruitment rates of pay or other forms of compensation; ling apprenticeship. Thel contractor agrees to available to employees; and applicants for ovided setting forth the provisions of this )ns or advertisements for;employees placed by state that all qualified applicants will receive ithout regard to race, color; religion, sex, sexual tional origin. )r in any other manner discriminateagainst any merit because such employee or applicant has ;closed the compensation of the employee or )r applicant. This provision shall not apply to ,ee who has access to the compensation or applicants as a part of such employee's the compensation of such other employees or iot otherwise have access to such information, sponse to a formal complaint or charge, in proceeding, hearing, or action, including an mployer, or is consistent with the contractor's labor union or representative of workers with ;rgaining agreement or other contract or Tided advising the said labor union or workers' s commitments under this section, and shall spicuous places available to employees and V. The contractor will comply. Wil September 24, 1965; and! of th Secretary of Labor. vi. The contractor will furnish all Order 1 1246cf September 24, Secretary of Labor, or pursuar records, and accounts by ,'the a for purposes of investigatior regulations, and orders. ` vii. In the event .of the contracts clauses of this:contract oriwith contract may be canceledj term contractor may be declared i federally assisted constructio authorized in Executive Order sanctions may be imposed;and 11246 of September 24, 1965, Labor, or as otherwise pro`videc viii. The contractor will include the paragraph (1) and the provi; subcontract or purchase order of the Secretary of Labor; I,ssu 11246 of September24, 1965; subcontractor or vendor. The ci subcontract or purchase order means of enforcing such provis Provided, however, that in threatened with, litigation with by the administering agency i into such litigation to protect tl (25) COPELAND ANTI -KICKBACK -ACT 'a. The Subrecipient.heeeby agrees that; unl or cause to be incorporated into any contr the following clause: i. Contractor. The contractorshal and the requirements. of 129 I incorporated by reference_into I Ii. Subcontracts. The contractor c the clause above and such o instructions require, and also these clauses in any lower ti responsible for the compliance with all of these contractclause i all provisions of Executive :Order 11246 of rules, regulations,. and! relevant orders of -the nformation and reports required by Executive 965; and by rules, regulations, and orders of the t thereto, :and will permit .access to his books, iininistenng agency and the Secretary of Labor to ascertain compliance with such rules, 's noncompliance with Ithe nondiscrimination any of the said rules, regulations, or orders, this nated, or suspended in whole or in part and the ieligible for further Government contracts or i contracts; in accorda"nce With procedures 11246o f September 24,11965;_ and such other emedies invoked as provided in Executive Order_ it by rule, regulation, or order of the Secretary of by law. 1 portion of the sentence immediately preceding ions of paragraphs (1) through (8) in every inlets exempted by rules; regulations, or orders �d pu'rsuarit to. section 204 of Executive Order jo that such provisions will be binding upon each ntractor will take such action .with respect to any as 'the administering agency may direct as a ons, including sanctions for noncompliance: +ent a contractor becomes involved in, or is ontractor or vendor as a 'result of such direction tractor may request the (United States to enter ests of the United States: 'i +ss exempt.under Federal: law, it will incorporate. ct for construction work, or modification thereof, comply with 18 U.S.C. § 674, 40 U.S:C. § 3145, iF.R. pt. '3 as may be applicable, which are ts contract. subcontractor shall insert in any subcontracts f er clauses as the FEMA may by appropriate I clause requiring the subcontractors to include subcontracts. The prime contractor shall be y any subcontractor or lower tier subcontractor iii. Breach. A breach of the contract clau es above may, be grounds for termination of the contract, and for debarment as a ontractor and subcontractor as provided in 29 C.F.R. § 5.12. (26) CONTRACT WORK HOURS ANU SAft I Y S I ANUAKUS If the Subrecipient , with the funds authorize by this Agreement, enters into a contract that exceeds $100,000 and involves the employ ent of mechanics or laborers, then any such contract must include a provision for compliance with 40 U:S.C.'. 3702 and 3704, as supplemented by Department of Labor regul tions (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required o compute the wages of every mechanic and laborer on the basis of a standard work we k of 40 hours. Work in excess of the standard workweek is permissible provided that the orker is compensated aCa rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and (27) provide that no laborer or mechanic working conditions which are unsanitai not apply to the purchases of supplies market, or contracts for transportation. If the Subrecipient,, with thefunds that exceeds $150,000, then any i. Contractor agrees to cc issued pursuant to:the Water Pollution Control violations to FEMA an Agency (EPA). (28) SUSPENSION AND. DEBARMENT. a. If the Subrecipient, with the funds au then any such contract must include I. This contract is a coverec C.F.R. pt. 3000. As such ,tl contractor, its principals (defi 2 C.F.R. § 180.905) are exc (defined at 2 C.F.R. § 180:9; ii. The contractor must corn] 3000, subpart C and rr regulations in any lower W iii. This certification is a mates If it is later determined thz subpart C`and 2 C.F.R. pt the Recipient, the Fede including but not limited to iv. The 'bidder or proposer ac 180, subpart C and 2 Ga throughout the period of a or proposer further agrees lower tier coveredtransaci (29)BYRD ANTI -LOBBYING AMENDMENT (30) required to work in surroundings. or under sous, or dangerous. These requirements do ils or articles ordinarily available on the open �d,by this Agreement, enters into a contract Tract must include the following provision: i all applicable standards, orders or regulations r Act (42 U.S.C. 7401-7671q) and the Federal mended. (33 U.S.C. 1251-13.87), and.will report gional Office of the Environmental Protection iori ed by this Agreement, enters into a contract, ie following provisions: transaction for purposes of 2 C.F.R. pt. 180 and 2 contractor is required to verify that none of the ed 2 C.F.R. § 180:99,5), or its affiliates .(defined at dec (defined at 2 C.F.R..§ 180:940) ,orrdisqualified j wi h 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. st i icludo a requirement to comply with these cow Bred transaction it enters, into. al representation of fact relied upon by the Recipient. the ontradtor did not. comply with 2 C.F.R. pt. 180, MOC,, subpart C, in addition to remedies available to al overnment may pursue available remedies, usp nsion and/or debarment' aes o comply with the requirements of 2 C.F.R. pt.. R. p:. 3000, subpart C while this offer is valid and y co .tract that may arise from this. offer. The bidder 3 inc ude a provision requiring'such compliance in its a. If the Subrecipient, with the funds authoi then any such contract must include the. the I. Byrd Anti -Lobbying Amendmer who apply or bid for an awai certification. Each tier certifies 1 Federal appropriated funds to I attempting to influence an offi Congress, officer or employee Congress in connection with of award covered by 31 U.S.C. § with non -Federal funds that take award. Such disclosures are fo a. If the Subrecipient, with the funds author or services, then, in accordance with 2 following affirmative steps to assure enterprises, and labor surplus area firms i. Placing qualified small, and enterprises on solicitation lists; I ►ed by this Agreement, enters into a contract, lowing clause: 31 U.S.C' § 1352 (as amended). Contractors of $100,000 or more shall file the required the tier above that it will not and has not used ty any person or organization for influencing or or or employee of any agency, a member of )f Congress, or an employee of a member of wining any Federal contract, grant, or any other 352. Each tier shall alsoidisclose any lobbying > 1. place in connection with obtaining any Federal varded from tier to tier up to the Subrecipient ed by this Agreement, seeks to procure goods F.R. §200.321, the Subrecipient must take the iat minority businesses, women's business re used whenever possible: ninority businesses and women's business ii. Assuring that small,and nil are solicited whenever the M. Dividing `total requirement quantities _to permit maxir and women's business 4171 iv. Establishing delivery sc encourage participation business enterprises; V. Using the services and as Small Business Administn of the Department of Com vi. Requiring the prime con affirmative steps listed in i b. The _ requirement outlined in sut "socioeconomic contracting;" does solicitation or award of a contract -A imposes an obligation to carry out c, The. '"socioeconornie contracting" "r Subrecipient must take; the regL undertaking additional steps. to in, business enterprises. d. The requirement to, divide; total req tasks ecluantities ;to permit mazimu women's business; enterprises, 'da project down_into.smaller componer purchase thresholds so as to utili splitting"). (31) SCOPE OF WORK. The Sub recipierrt shall perform the tasks which is Attachment A. I i I t i businesses, and worrien's business enterprises potential sources; en economically feasible, into smaller tasks or participation by small and minority businesses, es, where the requirement permits,. which 71a11 and minority businesses, and women's cd ­ as appropriate, of such organizations"as the and the Minority Business Development Agency and r, if subcontracts are to be tet, to take the phs (i): through v. of this subparagraph. raph. a. above, ,sometimes � referred to as mpose an obligation to set aside either the e types of firms::Rather; the, requirement; only ument:the siz:affirmative'steps.'identified above. me.nt outlines -the affirmative steps ;that the aints do not preclude the Subrecipient from I small and minority businesses and women's its, when economically,'feasible; into smaller :ipation by small and minority businesses, and authorize the 'Subrecipient to break a single. der to sircumvenfithemicro-purchase or small imlined acquisition. procedures (e.g. "project identified and set.forthlin the Scope of Work, IN WITNESS WHEREOF the parties hereto 71 written above. SUBRECIPIENT NAME: Dateoff- ,o.�y°�Oh1MlsS� „ INDIAN RIVER COUNTY o J`a • ' �✓F BOARD OF COUNTY COMMISSIONER V y' Joe E. Flescher, Chai an =yO��• fra�.�, .•off.•' Date approved: January 5 , 2021 ATTEST: Jeffrey R. Smith, Clerk of Court and C mptroller By: 1-27 DeM& puty Clerk Approved as to form and legal sufficiency: an Reingold County Attorney this Agreement as of the date first ealth,f, enter' 725 N LS 1, ForL Pierce h1, 3+1950 82118' Street, Vero B ah, -1,71,82960 Phone: 772.168.9900 lax: 772.468.236-1. Phone: 772.925.820 772:925.8199 Indian River County Board of -County Commissioners Vero Beach, FL December 29, 2020 REQUEST FOR FUNDING FOR COVID TESTING PROGRAM i Whole Family Health Center is a non-profit Community Beach, with Federally Qualified Health Center Looka'likf Whole Family Health Center requests supplemental fundi community testing program. Testing is.currently taking pl including Saturdays. We are testing all community niemb requested would, cover expenses not reimbursed from of federal funding for testing the uninsured. The funding we testing and confirmatory lab testing to'lndian River Count 98187! Marc, Verollemli, FL 32960 Phony. 772. `?57.5785 Fax: 772.257,5325 �T WHOLE FAMILY HEALTH CENTER alth Center located at 98137`h Place, Vero atus. g -for expenses related to our COVID=19 ce at our Vero Beach Clinic six days;a week, cs. regardless of their insurance status. Funds e1•_sources including insurance payments and uld allow us to continue to offer both rapid residents. --- ...- :sted funding $8o,; Requested funding consists of the following Mems Cleaning supplies: disinfectant, cavi -wipes; biohazard bags f $ _372:1 PPE expenses: Hair nets, shoe covers, gloves, gowns, fac masks , $ 1,172.1 Test Kits: COVID 19 tests kits for in-house testing $55,036J Lab Testing: lab testing costs for COVID 19 ; $23,700 We appreciate your consideration and will continue to ongoing pandemic related hurdles and into the future. Sincerely, Theresa Malone Director of Finance Whole Family Health Center our community members through the f r Attachment PROGRAM STATUTES ANI 42 USC 601(d) CARES Act Creation of th Section 215.422, Florida Statutes Payments; .w, dispute limital Section 215.971,, Florida Statutes Agreements f Section 216.347, Florida Statutes DlsburSemenl prohibited CFO MEMORANDUM NO. 04 (2005-06) Compliance F 191 REGULATIONS Coronavirus Relief Fund (CRF) rrants, and invoices; processing time limits; )n; agency orjudiciai branch compliance nded with federal and state assistance of grant and aids appropriations for lobbying r ;quirements for Agreements Attach6e it C Intentionally Lef Blank,