Agenda 04/24/2012 Item #16D24/24/2012 Item 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve an amendment to the sub recipient agreement with David Lawrence
Mental Health Center, Inc. (DLC) with no change in funding level and allow for additional costs of
design, permits, insurance, as well as minor administrative changes.
OBJECTIVE: Amend the agreement with DLC to include additional allowable costs, and
administrative changes.
CONSIDERATIONS: The DLC has an existing agreement for the installation of an emergency
generator on their main campus. This project currently includes the items associated with purchase
and installation activities; however DLC would also like to have the grant cover design, permits
and insurance. These additional items are allowable per the grant, will not increase the amount of
grant funds awarded for this project, and will not negatively impact the County's HUD timeliness
ratio.
The proposed amendment:
1. Updates Grant Language for Section 3 and the Federal Funding Accountability and
Transparency Act (FFATA);
2. Updates the Project Work Plan Dates in Exhibit A;
3. Updates Language in the Scope and Project Work Plan in Exhibit A to add Insurance,
Permits, and design as reimbursable expenses;
FISCAL IMPACT: No general funds are associated with this CDBG Subrecipient amendment.
There is no fiscal impact associated with this amendment. 2011 -2012 CDBG funds are located
in Housing Grants Fund 705, Funded Program 33176.
GROWTH MANAGEMENT IMPACT: The CDBG project associated with this Subrecipient
amendment will help meet the goals, objectives and policies set forth in the Housing Element of
the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. —
JBW
RECOMMENDATION: Recommendation to approve and authorize the Chairman to. sign an
amendment to the 2011 Community Development Block Grant Subrecipient Agreement with
David Lawrence Mental Health Center, Inc.
Prepared by: Sandra Marrero, Grants Coordinator, Housing, Human and Veteran Services
Department
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4/24/2012 Item 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2.
Item Summary: Recommendation to approve an amendment to the sub recipient
agreement with David Lawrence Mental Health Center, Inc. (DLC) with no change in funding
level and allowing for additional costs of design, permits, insurance, as well as minor
administrative changes.
Meeting Date: 4/24/2012
Prepared By
Name: MarreroSandra
Title: Grants Coordinator,Housing, Human & Veteran Services
4/2/2012 3:33:03 PM
Submitted by
Title: Grants Coordinator,Housing, Human & Veteran Services
Name: MarreroSandra
4/2/2012 3:33:04 PM
Approved By
Name: CastorenaMargo
Title: Manager - Federal/State Grants, HHVS
Date: 4/6/2012 10:34:36 AM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 4/6/2012 10:49:49 AM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 4/9/2012 7:50:51 PM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 4/10/2012 8:24:20 AM
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4/24/2012 Item 16.D.2.
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 4/10/2012 1:37:28 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 4/12/2012 8:55:24 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/12/2012 9:14:32 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 4/16/2012 9:30:10 AM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 4/16/2012 5:10:04 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/17/2012 8:53:45 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/17/2012 10:11:27 AM
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4/24/2012 Item 16.D.2.
AGREEMENT BETWEEN COLLIER COUNTY
AND
David Lawrence Mental Health Center, Inc.
d /b /a David Lawrence Center
Emergency Back -Up Generator
Catalog of Federal Domestic Assistance # 14.218
HUD Grant # B- 11 -UC -12 -0016
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and the "David Lawrence Mental Health Center,
Inc. d /b /a/ David Lawrence Center," a private not- for - profit corporation existing under the laws of
the State of Florida, having its principal office at 6075 Bathey Lane, Naples FL 34116, and its
Federal Tax Identification number as 59- 2206025 and DUNS #, 096580782 ( "SUBRECIPIENT ").
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 Program in certain areas of Collier County, pursuant to Title I
of the Housing and Community Development Act of 1974 (as amended); and
WHEREAS, pursuant to the aforesaid agreement. COUNTY is undertaking certain activities to
primarily benefit low and moderate income persons and neighborhoods and to alternatively use
Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent
community need; to improve the quality of life in Collier County by providing infrastructure
improvements, public facilities, and other activities which are related to neighborhood /community
improvements; to improve the condition of life for persons who require physical access or other
services that meet their individual needs; and to provide for long range community improvements by
assessing current conditions and planning long range improvement programs as described in the
Consolidated Plan submission; and
WHEREAS, the Board of County Commissioners of Collier County approved the Fiscal Year
2011 to Fiscal Year 2016 Collier County Five -Year Consolidated Plan and One -Year Action Plan
for Federal Fiscal Year 2011 -2012 for the CDBG Program with Resolution 2011 -136 on July 26, 2011 -
Agenda Item l OH; and
WHEREAS, Resolution 08 -121 was developed following the Collier County Consolidated
Plan — Citizen Participation Plan, adopted on January 9, 2001 with Resolution 01 -02; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2011 -2012 for the CDBG Program and the use of the CDBG funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified
in Exhibit "A" of this Agreement, in accord with the approved Consolidated Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIF.NT to implement such
undertakings of the CDBG Program as a valid and worthwhile County purpose.
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NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "CDBG" means the Community Development Block Grant Program..
(C) "IIHVS" means Collier County Department of Housing, Human and Veteran Services.
(D) "HHVS's Approval" means the written approval of the Department of Housing, Human
and Veteran Services or designee.
(E) " SUBRECIPIENT" means David Lawrence Mental Health Center Inc. d/b /a David
Lawrence Center a/k/a DLC
(F) "HUD" means the U.S. Department of Housing and Urban. Development or a person
authorized to act on its behalf.
(G) "Low and moderate income persons" means the definition set by HUD.
(H) "Project" means the work to be performed as set forth in Exhibit "A."
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS,
perform the tasks necessary to conduct the program outlined in Exhibit "A."
III. TIME OF PERFORMANCE
The effective date of the Agreement between DLC and Collier County shall be October 25,
2011. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes
of this Agreement. All services required hereunder shall be completed by the SUBRECIPIENT prior
to October 25, 2012. Any funds not obligated by the expiration date of this Agreement shall
automatically revert to the COUNTY.
IV. CONSIDERATION AND LIMITATION OF COSTS
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable
costs, determined by COUNTY, in an amount not to exceed One Hundred Seventy Five Thousand
Dollars and 00/100,($175,000) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees,
or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal
requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
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The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by I-IIIVS pursuant to the
submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when
requested as work progresses but, not more frequently than once per month. Payment will be made
upon receipt of a proper invoice and in compliance with § 21.8.70, F'la. Stat., otherwise known as the
"Local Government Prompt Payment Act." -No payment will be made until approved by HHVS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to
HHVS at its office, presently located at 3339 E Tamiami Trail, Suite 211, Naples, Florida 34112, and
to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this
Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and
Procedures memoranda.
Should a project receive additional funding after the commencement of this Agreement. the
SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from
the funding source and submit a cost allocation plan for approval by HHVS or its designee within
forty -five (45) days of said official notification.
B. DEBARMENT
The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction.
C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and
orders of the State, local and Federal governments, including, but not limited to:
24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant (CDBG) funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
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3. Title VI of the 1964 Civil Rights Act, 42 USC § 2000d, et. seq. IOWA* ,
4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
5. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds.
6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC § 2000e, et. seq.
7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
8. Age Discrimination Act of 1975.
9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5).
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages
and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis -Bacon Act. HUD Form 4010 must be included in all construction contracts
funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)).
13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
14. Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79 -45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
16. OMB Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher F,ducation, Hospitals and Other Non - Profit Organizations.
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19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State
and Local Governments.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have
the discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Statutes.
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.
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 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.
24. Venue - Any suit or 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, .Florida, which courts have sole and exclusive
jurisdiction on all such matters.
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. The negotiation 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. The 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 at mediation to COUNTY'S board for approval. Should either party
fail to submit to mediation as required hereunder, the other party may obtain a court
order requiring mediation under § 44.102, Fla. Stat.
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26. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community
Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). Section 3 of the
HUD Act of 1968 requires, to the greatest extent feasible, that recipients of HUD funds
(and their contractors and subcontractors) provide jobs and other economic
opportunities to low- income persons, particularly public housing residents. Section 3
helps create employment for low- income persons and provides contracting
opportunities for businesses that are owned by low- income people or that provide
employment to low - income people. Contract administration shall be handled by the
SUBRECIPIENT and monitored by the COUNTY.
D. SUBCONTRACTS
Any work or services subcontracted by the SUBRF_,CIPIENT shall be specifically by written
contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and
applicable County, State, and Federal guidelines and regulations. Prior to execution by the
SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the
SUBRECIPIENT to HIM for its review and approval, which will specifically include a determination
of compliance with the terms of the attached Scope of Services set forth in Exhibit "A."
This review also includes ensuring that all consultant contracts and fee schedules meet the
minimum standards as established by the Collier County Purchasing Department, Florida Statutes and
HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or
services covered by this Agreement, including but not limited to consultant work or services, shall be
subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without written approval of the
HHVS or its designee.
E. AMENDMENTS
This Agreement, and any exhibit or attachment, may be amended only by written agreement
executed by the governing boards of both parties, except that County representative(s) may approve
adjustments between line item amounts, scope clarifications, or an extension of time and schedule that
do not change the project, or exceed the amount funded by the County, as stated herein. Any
modifications to this contract shall be in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such modifications are authorized.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIF..,NT shall indemnify and
hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or
anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or
remedies which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of Collier
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County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes.
G. GRANTEE RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The SUBRECIPIENT will include a reference to the financial support herein
provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a
good faith effort to recognize HHVS' support for all activities made possible with funds made
available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for
projects funded by HHVS. This design concept is intended to disseminate key information regarding
the development team as well as Equal Housing Opportunity to the general public. The construction
sign shall comply with applicable County codes.
H. TERMINATION
In event of termination for any of the reasons identified in this Section H., as follows, all
finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports
prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement
shall be returned to HHVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall
not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any
breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the
SUBRECIPIENT for set -off purposes until such time as the exact amount of damages due to the
COUNTY from the SUBRECIPIENT is determined.
TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations
under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations
of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or
part by giving written notice of such termination to the other party and specifying therein the effective
date of termination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon
termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this
Agreement through and including the date of termination. (See 24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
In the event the grant to- the COUNTY under Title I of the Housing and Community
Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended
or terminated effective on the date that I -IUD specifies.
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I. INSURANCE
SUBRECIPIENT shall obtain and carry, at all times during its perforniance under the Contract
Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit
"B" to this Agreement.
J. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit `B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this
contract. The contract is contingent upon receipt of the insurance documents within fifteen (15)
calendar days after the Board of County Commissioners' approval. If the Insurance certificate is
received within the specified period, but not in the manner prescribed in these requirements, the
SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5)
calendar days to submit a corrected Certificate to the County.
If the SUBRECIPIENT fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board of County
Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the
contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT agrees that it will be acting as an independent agent and that its
employees are not Collier County employees and are not subject to the County provisions of law
applicable to County employees relative to employments, hours of work, rates of compensation, leave,
unemployment and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other
Non - Profit Organizations) 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.
B. DOCUMENTATION AND RECORI)KEEPING
1. The SUBRECIPIENT shall maintain all records required by CDBG.
2. All reports, plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the
SUBRECIPIENT for the purpose of this Agreement shall be made available to
the COUNTY by the SUBRECIPIENT at any time upon request by the
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COUNTY or HHVS. Upon completion of all work contemplated under this
Agreement copies of all documents and records relating to this Agreement shall
be surrendered to HHVS if requested. In any event the SUBRECIPIENT shall
keep all documents and records for six (6) years after expiration of this
Agreement.
3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in
the preparation of HUD Labor Relations, WBE /MBE, Equal Opportunity
Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and
92 (3)(vi).
4. The SUBRECIPIENT shall submit detailed monthly progress reports to HI -IVS
outlining the status of specific activities under the project. Each report must
account for the total activity for which the SUBRECIPIENT is paid with CDBG
funds, in part or in whole, and which is required in fulfillment of their
obligations regarding the Project. The progress reports shall be submitted on the
form Exhibit "D," Schedule "D -2."
5. The SUBRECIPIENT shall maintain records showing compliance with the
Davis -Bacon Law, including files containing contractor payrolls, employee
interviews, Davis -Bacon wage rates, and administrative cross- referencing.
SUBRECIPIENT shall maintain records showing contractor compliance with
the Contract Work Hours and Work Safety Law. Similarly, the
SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant
implementation.
6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost
allocation plan for determining the appropriate SUBRECIPIENT'S share of
administrative costs and shall submit such plan to the COUNTY for approval, in
a form specified by the COUNTY.
7. Failure to adequately maintain any former CDBG funded project may result in
the delay of processing reimbursement requests for ongoing activities or in the
forfeiture of future CDBG funds.
8. The SUBRECIPIENT will be responsible for the creation and maintenance of
income eligible files on clients served and documentation that all households are
eligible under HUD Income Guidelines.
9. The SUBRECIPIENT further agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
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C. REPORTS, AUDITS AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation
activities as determined necessary. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit
information and status reports required by HHVS or HUD to enable HHVS to evaluate said
progress and to allow for completion of reports required. The SUBRECIPIENT shall allow
HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled as determined by HHVS or HUD.
D. ADDITIONAL, HOUSING HUMAN AND VETERAN SERVICES. COUNTY AND
HUD REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available for specified activities.
E. WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT pursuant to this Agreement;
(2) All capital equipment expenditures of $1,000 or more;
(3) All out -of -town travel (travel shall be reimbursed in accordance with Chapter
112, Fla. Stat. unless otherwise required by CDBG);
(4) All change orders;
(5) All requests to utilize uncommitted funds after the expiration of this agreement
for programs described in Exhibit "A "; and
(6) All rates of pay and pay increases paid out of CDBG funds, whether for merit or
cost of living.
F. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written contract and in conformity with the procedures prescribed by the Federal
Management Circulars A -1 10, A -122, 24 CFR .Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
Non- profit organizations that expend $500,000 or more annually in federal
awards shall have a single or program - specific audit conducted for that year in
accordance with OMB A -133. Non - profit organizations expending federal
awards of $500,000 or more under only one federal program may elect to have a
program- specific audit performed in accordance with OMB A -133.
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2. Non -profit organizations that expend less than $500,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-
133, although their records must be available for review (e.g., inspections,
evaluations). These agencies are required by HHVS to submit "Reduced Scope"
audits (e.g., financial audit, performance audits). They may choose, instead of a
Reduced Scope Audit, to have a program audit conducted for each federal award
in accordance with federal laws and regulations governing the program in which
they participate.
3. When the requirements of OMB A -133 apply, or when the SUBRECIPIENT
elects to comply with OMB A -133, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by
the SUBRECIPIENT. A copy of the audit report must be received by HHVS no
later than six months following the end of the SUBRECIPIF,NT's fiscal year.
4. If an audit is required by Section G of this contract, but the requirements of
OMB A -133 do not apply or are not elected, the SUBRECIPIENT may choose
to have an audit performed either on the basis of the SUBRECIPIENT's fiscal
year or on the basis of the period during which HHVS- federal assistance has
been received. In either case, each audit shall cover a time period of not more
than twelve months and an audit shall be submitted covering each assisted
period until all the assistance received from this contract has been reported.
Each audit shall adhere to all other audit standards of OMB A -133, as these may
be limited to cover only those services undertaken pursuant to the terms of this
contract. A copy of the audit report must be received by HHVS no later than six
months following each audit period.
The SUBRECIPIENT shall maintain all contract records in accordance with
generally accepted accounting principles, procedures, and practices which shall
sufficiently and properly reflect all revenues and expenditures of funds provided
directly or indirectly by the County pursuant to the terms of this Agreement.
6. The SUBRECIPIENT shall include in all HHVS approved subcontracts each of
the recordkeeping and audit requirements detailed in this contract.
H. PROGRAM - GENERATED INCOME
All income earned by the SUBRECIPIENT from activities financed in whole or in part by
funds provided hereunder must be reported to HHVS. Such income would include, but not be limited
to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT
shall report its plan to utilize such income to HHVS, and said plan shall require the written approval of
HHVS or its designee. Accounting and disbursement of such .income shall comply with OMB Circular
A -110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations
incorporated herein by reference.
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2011 CDBG (CD 11-06)
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Program Income, as defined by 24 CFR 570.500(x), may be retained by the COUNTY. AWkk
Program Income shall be utilized to undertake activities specified in Exhibit "A" of this Agreement,
and all provisions of this Agreement shall apply to stated activities. Any Program Income received by
the SUBRECIPIENT or its sub - contractors shall be returned to the COUNTY unless the
SUBRECIPIENT requests and is authorized by HHVS to utilize uncommitted funds.
GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of records.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement on the
basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of
evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower - income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall
make a positive effort to utilize small business and minority /women -owned business enterprises of
supplies and services, and provide these sources the maximum feasible opportunity to compete for
contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small
business and minority /women -owned business enterprises shall be located in or owned by residents of
the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as defined
by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries
directly assisted under this Agreement must reside in unincorporated Collier County or in
municipalities participating in the County's Urban County Qualification Program. The project shall
assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement.
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2011 CDBG (CD 11-06)
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D. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in
the target 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 the SUBRECIPIENT. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to 11HVS 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.
E. PUBLIC ENTITY CRIMES
As provided in § 287.133, Fla. &at. 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), Fla. Stat.
F. DRUG -FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
G. CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
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.
2. 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.
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3. 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.
H. REAL PROPERTY
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. the 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.
I1. ENVIRONMENTAL CONDITIONS
A. AIR AND WATER
The SUBRF,CIPIENT agrees to comply with the following requirements:
1. Clean Air Act, 41 USC 7401, et seq.
2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
B. FLOOD DISASTER PROTECTION
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002), 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.
C. LEAD -BASED PAINT
The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures
with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning
Prevention Act found at 24 CFR 570.608.
D. HISTORIC PRESERVATION
The SUBRECIPIENT agrees to comply with the historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth
in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical
Properties.
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X. . CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious
organizations. Section 24 CFR 570.2000) specifies the limitations on CDBG funds.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any
CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of
CDBG funds, and any non - expendable personal property that was purchased with CDBG funds. Any
real property under SUBRECIPIENT control will be covered by the regulations 24 CFR
570.503(B)(8).
XII. 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..
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of Twenty -Eight (28) enumerated pages, which include the exhibits
referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an
original, and such counterparts will constitute one and the same instrument.
XIV. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties and
constitute the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
David Lawrence Center
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-- 4/24/2012 Item 16.D.2.
IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on this day of ��1L
20-J).
David Lawrence Mental Health Center, Inc.
First Witness d /b /a David -Lawrence Center, a private not - for- profit
corporation existing under the -laws of the State of
``—- -< ----c_ Florida
Type /print witness name By:
Subrecipient Signature
Second Witness ---
Dave Schimmel CEO
Type /print witness name Type /print Subrecipient name and .title
ATTEST:
DWIGHT E: BROG , CLERK
-Attest 4';<7cii
Dated:
( AL)
Jennifer-B. White r`cT
Assistant County Attorney
David Lawrence Center
2011 CDBG (CDl 1 -06)
Auxiliary Power /Emergency-Back -Up Generator
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
By:
FRED >W. COYLE, CHAIRMAN`'
Page- 16 of.28
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4/24/2012 Item 16.D.2.
EXHIBIT "A"
SCOPE OF SERVICES
David Lawrence Center
Auxiliary Power/Emergency Back -up Generator
A. PROJECT SCOPE:
On July 26, 2011, the BCC approved the HUD Action Plan allocating funding for this
initiative. Community Development Block Grant (CDBG) funding will be used for the
purchase and installation of a back -up generator(s).
In the Action Plan for this program the intended outcome of this funding is to upgrade David
Lawrence Center's current ability to provide auxiliary power in several key buildings at its
main campus by purchasing equipment and installing connectivity that will provide the
capacity to generate full power to acute care, outpatient and administrative offices in the event
of a power failure.
Activities /items /services may include but not be limited to, purchase, installation, demolition,
repair and /or replacement of the following: the purchase of equipment, structural items,
electrical, accessibility and exterior improvements as well as associated labor and supervision.
The detailed project scope will be contained in the schedule of values awarded in the project's
construction contract. The project contract will include details sufficient to document the
number, amount, and costs associated with all activities.
The project activities will meet the U.S. Department of Housing and Urban Development's
national objective to benefit low and moderate income persons and improve the
quality /quantity of neighborhood facilities for low- income persons.
B. BUDGET:
Collier County Housing, Human and Veteran Services is providing One Hundred Seventy Five
Thousand ($175 000 00 in CDBG funding for the project scope described above.
Line Item Description CDBG Funds
Purchase and Installation Activities $ 175,000.00
TOTAL $175,000.00
Any modifications to this contract shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized
David Lawrence Center
201 ) CDBG (CD 11-06)
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4/24/2012 Item 16.D.2.
C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not intended to be used as a payment schedule.
Date Start
Date End .
Work Plan
11/2011
1/2012
Prepare bid documentsI
01/2012
03/2012
Procure eligible contractor(s) & conduct preconstruction
conference
03/2012
05/2012
Obtain permits
05/2012
07/2012
Begin improvements and associated activities
08/2012
09/2012
Complete final inspections and project close out
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
I,ayment Schedule
Purchase.and Installation
Submission of .monthly invoices on AIA G702-
Activities
1992 form or equivalent document per contractor's
Schedule of Values. Supporting documents must
be provided as back up.
Purchase and Installation
Final 10% ($17,500.00) released upon Certificate
Activities
of Completion and final waiver of lien.
David Lawrence Center
2011 CDBG (CD 11-06)
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EXHIBIT "A -1"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Collier County Housing, Human and Veteran Services
Public Services Division
Date
Contact Name
Name of Firm
Address
RE: Zero Dollar Contract Change Notification
Re: Contract # and Title of Contract
Project #
Purchase Order #
Dear Contact Name:
4/24/2012 Item 16.D.2.
User Name
Address
NAPLES, FLORIDA Gip code
PHONE: (239) Phone #
FAX (239) Fax #
By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below:
r— 1fie above referenced contract time is hereby extended by Number of days calendar days. The new completion date
shall be on or before month and date, Year.
By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and
satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights,
including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should
circumstances warrant with regard to the referenced contract.
F
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
F Draw against Allowance (specify' allowance item and identify specific items and quantities)
F Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached).
Sincerely,
Your name
Title
cc: Contract Specialist Name Contract Specialist, Purchasing Department
Suzanne Boothby, Clerk's Grants Department
David Lawrence Center
2011 CDBG (CD11 -06)
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4/24/2012 Item 16.D.2.
EXHIBIT "B"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall :furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s)
of Insurance evidencing insurance coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Public I.,iability Insurance on a comprehensive basis in an amount no less than $300,000
per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an
additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used
in co>mection with this contract in an amount not less than $300,000 per occurrence for combined
Bodily Injury and Property Damage.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided
as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per
occurrence providing for all sums which the SUBRECIPIENT and /or the design professional shall
become legally obligated to pay as damages fro claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract.
This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is
issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or
cause its Subcontractors to provide original policies indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy
shall be in the name of Collier County and the SUBRECIPIENT.
6. Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replace values of the completed structure(s) or the maximum
amount of coverage available through the National Flood Insurance Program (NFIP), whichever is
greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided
as such time that he buildings' walls and roof exist.
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
David Lawrence Center
2011 CDBG (CD 11-06)
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4/24/2012 Item 16.D.2.
After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and /or Contract:
7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for
combined Bodily .Injury and Property damage. Collier County must be shown as an additional insured
with respect to this coverage.
8. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100 %) of the replacement cost of the property. Collier County must be shown as a I.,oss
payee with respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone
for the full replacement values of the structure(s) or the maximum amount of coverage available
through the National Flood Insurance Program (NF.I..P). The policy must show Collier County as a
Loss Payee A.T.I.M.A.
David Lawrence Center
2011 CDBG (CD11 -06)
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4/24/2012 Item 16.D.2.
EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
Enter additional requirements here, IF NONE, EXIST, state "There are no additional grant
requirements."
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4/24/2012 Item 16.D.2.
EXHIBIT "D"
REQUIRED SUBMITTALS
D -1 Request for Payment
D -1a Release and Affidavit Form
D -2 CDBG Monthly Progress Report
David Lawrence Center
2011 CDBG (CDI 1 -06)
Auxiliary Power /Emergency Back -Up Generator Page 23 of 28
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4/24/2012 Item 16.D.2.
SCHEDULE "D -1"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: David Lawrence Center
Subrecipient Address: 6075 Bathev Lane Naples PL 34116
Project Name: Emergency Back -up Generator
Project No: CD 1 I -06 Payment Request 4
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
I. Grant Amount Awarded
1 Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant Amount Awarded $
Less Sum of all requests) $
175,000
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that
the amount of the Request for Payment is not in excess of current needs.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
David Lawrence Center
2011 CDBG (CD] 1-06)
Auxiliary Power /Emergency Back -Up Generator
(approval authority under $14,999)
(approval required $15,000 and above)
Page 24 of 28
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a
4/24/2012 Item 16.D.2.
SCHEDULE "D -la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT certifies for itself and its subcontractors, material -men, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which
COUNTY might be sued or for which a lien or a demand against any payment bond might be filed,
have been satisfied and paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly /final)
Request for Payment.
Witness:
LIM
SUBRECIPIENT
BY:
ITS: President
Print name and title DATE:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by
__, as of
A Not -For -Profit on behalf of David Lawrence Center. He /She is
personally known to me OR has produced
did (did not) take an oath. as identification and who
My Commission Expires:
(AFFIX OFFICIAL SEAL)
David Lawrence Center
2011 CDBG (CD 1 1-06)
Auxiliary Power/Emergency Back -Up Generator
(Signature)
Name:
(Legibly Printed)
Notary Public, State of.
Commission No.:
Page 25 of 28
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4/24/2012 Item 16.D.2.
SCHEDULE "D -2"
CDBG MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing, Duman and Veteran Service's staff by
the 10"' of the following month.
Status Report for Month of
Project Name Emergency Back -up Generator
Submittal Date:
Project Number CD 11- 06 Activity Number XXX
Subrecipient: David Lawrence Center
Contact Person Scott Geltemeyer
Telephone: 239-354-1420 Fax:
E -mail: Scottg0i dlcmhc.com
1. Activity Status /Milestones (describe any action taken, relating to this project, during
the past month):
2. What events /actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project.
Please list and attach any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application
for this project.
5. Identify any potential issues that may cause delay.
David Lawrence Center
2011 CDBG (CD 11-06)
Auxiliary Power /Emergency Back -Up Generator Page 26 of 28
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New contracts executed this month (if a
Name of Contractor or Amount of Contractor
Subcontractor, Address & Phone Contract Federal ID
Number Number
4/24/2012 Item 16.D.2.
Race
(see definitions
on following
page)
Ethnicity
(see definitions
on following
page)
For projects that serve a particular clientele, please complete the following ini:ormation by
entering the appropriate number in the blank spaces and in the chart below. Complete the below chart
for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You
may provide data by either households or persons served. However, if one person received TWO
services this counts as TWO SERVICE UNITS:
TOTAL BENEFICIARIES
This project benefits households or persons. Please circle one category (either
"households" or "persons "). Enter the number of beneficiaries in the blank space and in Box 1. "
INCOME
Of the households or persons assisted, are extremely low- income income (0 -30 %) of the
current Median Family Income (MFI). Enter- this number in Box "2. "
Of the households or persons assisted, are very low - income (31 -50 %) of the current
Median Family Income (MFI). Enter this number in Box "3. "
Of these households or persons assisted, are low - income (51 -80 %) of the current Median
Family Income (MFI). Enter this number in Box "4. "
NOTE. The total of Boxes 2,3 and 4 should equal the number in Box 1.
FEMALE .HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter this
number in box "5 " below.
BOX I I BOX 2
Total Number of Extremely
Households or Low Income
David Lawrence Center
2011 CDBG (CD 11-06)
Auxiliary Power /Emergency Back -Up Generator
BOX 3
Very
BOX 4
Low Income
Low Income I (51 -80 %)
Page 27 of 28
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BOX 5
Female Head of
household
4/24/2012 Item 16.D.2.
Persons Assisted (0 -30 %) (31-50%)
i
sunrecipient's must indicate total beneficiaries for Race AND Ethnicity
Definitions of Race:
White: A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
Black or African- American: A person having origins in any of the black racial groups of Africa.
Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and Vietnam.
American Indian or Alaska Native: A person having origins in any of the original peoples of North
and South America (including Central America), and who maintains tribal affiliation or community
attachment.
Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of
Hawaii, Guam, Samoa, or other Pacific Islands.
Definitions of Ethnicity:
Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central. American, or
other Spanish culture or origin, regardless of race.
Tabulation Table of Race and Ethnicity Beneficiaries
Race
# "Total
# His anic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian /Alaska Native and White
Asian and White
Black/African American and White
-
American Indian/Alaskan Native and Black /African American
Other Multi - Racial
TOTAL:
David Lawrence Center
2011 CDBG (CD 11-06)
Auxiliary Power/Emergency Back -Up Generator Page 28 of 28
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4/24/2012 Item 16.D.2.
EXHIBIT A -1 Amendment to Sub- Recipient Agreement # 1
"David Lawrence Mental Health Center Inc.
d/b /a David Lawrence Center
CDBG Emergency Back-Up Generator"
This amendment, dated 2012 to the referenced agreement shall be by and
between the parties to the original Agreement, David Lawrence Mental Health Center, Inc., a private not -for-
profit corporation existing under the laws of the State of Florida (to be referred to as Subrecipient) and Collier
County, Florida, (to be referred to as "COUNTY ")
Statement of Understanding
Words Stmek- Threvgh are deleted; Words Underlined are added
RE: SvbmeipiemAMme HUD Agree -m-9sl # B- 11 -UC -12 -0016 Emergency Back -Up Generator"
"David Lawrence Mental Health Center, Inc.,
In order to continue the services provided for in the original Gem -Sub- recipient Agreement document
referenced above, the Sub - Recipient agrees to amend the Sub - recipient Agreement as follows:
III.
C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
26. Compliance - Compliance with the provisions of Section 3 of the HUD Act of 1968 as
amended. and as implemented by the regulations set forth in 24 CFR 135 and all
applicable rules and orders issued hereunder prior to the execution of this contract, shall
be a condition of the Federal financial assistance provided under this contract and
binding upon the Grantee the Subrecipient and any of the Subrecipient's subrecipients
and subcontractors. Failure to fulfill these requirements shall subject the Grantee the
Subrecipient and any of the Subrecipient's subMgipients and subcontractors their
successors and assigns, to those sanctions specified bY the Agmernent-thmugh which
Federal assistance is Drovided The Subrecipient certifies and amws that no contractual
or other disability exists that would prevent compliance with these requirements
The Subrecivient further agrees to comply with these "Section 3" requirements
and to include the following language in all subcontracts executed under this
Agreement:
'The work to be performed under this Agreement is a project
assisted under a program providing direct Federal financial
assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968
as amended (12 U.S.C. 1701 ). Section 3 requires that to the
greatest extent feasible opportunities for training and
employment be given to low and very low-income residents of
the proiect area, and that contracts for work in connection with
the project be awarded to business concerns that provide
economic opportunities for low - and very low - income persons
residing in the metropolitan area in which the proiect is located "
David Lawrence Mental Health Center, Inc.
Emergency Back -Up Generator
Contract Amendment #1 Page 1 of 6
Packet Page -1028-
4/24/2012 Item 16.D.2.
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation ( including
reduction and abatement of lead -based -paint hazards), housing construction, or
other gubiic construction proiect are Riven to low- and very low- income persons
residing - within the metropolitan area in which the CDBG - funded project is
located: where feasible, priority should be given to low- and very low- income
persons within the service area of the project or the neighborhood in which the
project is located, and to low - and very low - income participants in other HUD
programs; and award contracts for work undertaken in connection with a
housing_ rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project to business
concerns that provide economic onoortunities for low- and very low - income
persons residing within the metropolitan area in which the CDBG - funded
project is located, where feasible, priority should be given to business concerns
that provide economic opnoMmities to low- and very low-income residents
within the service area or the neighborhood in which the project is located, and
to low - and very low - income participants in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal
inca gq& exists that would prevent compliance with these requirements.
a. Notifications
The Subreci -pient agrees to send to each labor organization or representative of
workers with which it has a collective bargaining; agreement or other contract or
understanding. if and a notice advising said labor organization or worker's
representative of its commitments under this Section 3 clause and shall post
Mies of the notice in conspicuous places available to employees and applicants
for employment or training.
b. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will
take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency. The
Subrecipient will not subcontract with any entity where it has notice or
knowledge that the latter has been found m violation of regulations under 24
CFR Part 135 and will not let any subcontract unless the entity has first provided
it with a preliminary statement of ability to comply with the requirements of
these regulations.
David Lawrence Mental Health Center, Inc.
Emergency Back Up Generator
Contract Amendment #1 Page 2 of 6
Packet Page -1029-
4/24/2012 Item 16.D.2.
EXHIBIT "A"
SCOPE OF SERVICES
David Lawrence Center
Auxiliary Power/Emergency Back-up Generator
A. PROJECT SCOPE:
On July 26, 2011, the BCC approved the HUD Action Plan allocating funding for this
initiative. Community Development Block Grant (CDBG) funding will be used for the
purchase and installation of a back -up generator(s).
In the Action Plan for this program the intended outcome of this funding is to upgrade David
Lawrence Center's current ability to provide auxiliary power in several key buildings at its
main campus by purchasing equipment and installing connectivity that will provide the
capacity to generate full power to acute care, outpatient and administrative offices in the event
of a power failure.
Activities /itenWservices may include but not be limited to, desim hermits insurance
Purchase, installation, demolition, repair and/or replacement of the following: the purchase of
equipment, structural items, electrical, accessibility and exterior improvements as well as
associated labor and supervision. The detailed project scope will be contained in the schedule
of values awarded in the project's construction contract. The project contract will include
details sufficient to document the number, amount, and costs associated with all activities.
The Project activities will meet the U.S. Department of Housing and Urban Development's
national objective to benefit low and moderate income persons and improve the
quality /quantity of neighborhood facilities for low- income persons.
B. BUDGET:
Collier County Housing, Human and Veteran Services is providing One Hundred Seventy Five
Thousand. ($175-000-00) in CDBG funding for the project scope described above.
Line Item Description CDBG Funds
Design.. Permits Insurance
Purchase and Installation Activities $ 175,000.00
TOTAL $175,000.00
Any modifications to this contract shall be in compliance with the County Purchasing Policy
and Administrative Procedures in effect at the time such modifications are authorized
David Lawrence Mental Health Center, Inc.
Emergency Back -Up Generator
Contract Amendment #1 Page 3 of 6
Packet Page -1030-
4/24/2012 Item 16.D.2.
C. PROJECT WORK PLAN
The following Project Work Plan is in effect for program monitoring requirements only and as
such, is not intended to be used as a payment schedule.
Date Start
Date End
Work Plan
11/2011
4QW2
Prepare bid documents
Activities
03/2012
vIQN2
nv QN2
Procure eligible contractor(s) & conduct preconstruction
04/2012
05/2012
conference
832
85�28��
Obtain permits
06/2012
07/2012
034612
GM012
Begin improvements and associated activities
07/2012
09/2012
08QG12
99QW-2
Complete final inspections and project close out
09/2012
10/24/2012
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Design. Permits, Insurance.
Submission of monthly invoices on AIA G702-
Purchase and Installation
1992 form or equivalent document when
Activities
applicable, per contractor's Schedule of Values.
Supporting documents must be provided as back
Design, Permits, Insurance,
Final 10% ($17,500.00) released upon Certificate
Purchase and Installation
of Completion and final waiver of lien.
Activities
David Lawrence Mental Health Center, Inc.
Emergency Back -Up Generator
Contract Amendment #1 Page 4 of 6
Packet Page -1031-
4/24/2012 Item 16.D.2.
EXHIBIT "C"
ADDITIONAL CDBG GRANT REQUIREMENTS
I. The Subrecipient will be responsible for providing all reporting data to Collier County
H209 request reoux1ingy the Federal Funding Accountability and Transparency Act
ATA,
David Lawrence Mental Health Center, Inc.
Emergency Back -Up Generator
Contract Amendment #1 Page 5 of 6
Packet Page -1032-
4/24/2012 Item 16.D.2.
IN WITNESS WHEREOF, the DEVELOPER/SPONSOR and the County, have each,
respectively, by an authorized person or agent, hereunder set their hands and seals on this
day of 20
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(SEAL)
First witness
,! � -, " rr /D - e-1 L. t1/,7y/1/t
Type /print witness name
Approved as to form and
Legal sufficiency:
Jennifer B. White
Assistant. County Attorney
David Lawrence Mental Health Center, Inc.
Emergency Back -Up Generator
Contract Amendment 41
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
0
FRED W. COYLE, Chairman
David Lawrence Mental Health Center, Inc.
d/b /a David Lawrence Center
cipient ignature
ILC2�v f� 0 -- SCh ( -m
Dave Schimmel, CEO
(Print Name)
Page 6 of 6
Packet Page -1033-