Agenda 06/12/2012 Item #16D 16/12/2012 Item 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve a time extension amendment to the sub recipient agreement with
Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing and Family Services (IHFS) to
provide for sufficient time to complete the project, with no change in funding level and to allow for
minor administrative changes.
OBJECTIVE: Allow for a time extension for the completion of an already approved grant funded
project and incorporate additional required grant language.
CONSIDERATIONS: On June 14, 2011, (Item No. 16D2) a HOME Subrecipient Agreement
was executed. Due to unforeseen delays with staff turnover which resulted in project delays, IHFS
is seeking an extension up to and including'September 13, 2012. Extending this agreement has no
effect on funding, will not negatively impact the County's HUD timeliness .ratio, and is an
allowable change.
The Sub - recipient agreement with IHFS is proposed to be amended as follows:
1. Update the Time of Performance to extend the contract up to and including September
13, 2012 allowing for adequate time to complete the project.
2. Update grant language to include Section 3 language
3. Update scope language in Exhibit A
4. Extend the project Work Plan schedule dates in Exhibit A of the original Subrecipient
Agreement to accommodate the extension of time
5.- Make minor administrative changes to Section III of "Time of Performance" language
FISCAL IMPACT: No general funds are associated with this HOME Subrecipient amendment.
There is no fiscal impact associated with this amendment. 2010 -2011 HOME Funds are located
in Housing Grants Fund 705, Funded Program 33089.
GROWTH MANAGEMENT IMPACT: The HOME project associated with this amendment
will help to meet the goals, objectives and policies set forth in the Housing Element of the Growth
Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item
requires a majority vote. -JBW
RECOMMENDATION: Approve an amendment to the 2010 Home Investment Partnership
Program Subrecipient Agreement with Immokalee Housing & Family Services (IHFS.)
Prepared by: Sandra. Marrero, Grants Coordinator
Housing, Human and Veteran Services Department
Packet Page -1689-
6/12/2012 Item 16.D.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1.
Item Summary: Recommendation to approve a time extension amendment to the sub
recipient agreement with Immokalee Non - Profit Housing, Inc. d /b /a Immokalee Housing and
Family Services (IHFS) to provide for sufficient time to complete the project, with no change in
funding level and to allow for minor administrative changes
Meeting Date: 6/12/2012
Prepared By
Name: MarreroSandra
Title: Grants Coordinator,Housing, Human & Veteran Services
4/25/2012 4:53:13 PM
Submitted by
Title: Grants Coordinator,Housing, Human & Veteran Services
Name: MarreroSandra
4/25/2012 4:53:15 PM
Approved By
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 5/18/2012 5:26:21 PM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 5/21/2012 4:54:49 PM
Name: CastorenaMargo
Title: Manager - Federal/State Grants, HHVS
Date: 5/25/2012 4:40:36 PM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 5/25/2012 4:51:40 PM
Packet Page -1690-
6/12/2012 Item 16.D.1.
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 5/31/2012 8:50:17 AM
Name: CamellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 6/4/2012 9:12:45 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 6/5/2012 8:54:59 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 6/5/2012 10:52:55 AM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 6/5/2012 11:03:50 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/5/2012 12:13:33 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 6/5/2012 4:44:29 PM
Packet Page -1691-
6/12/2012 Item 16.D.1.
AGREEMENT BETWEEN COLLIER COUNTY
AND
Immokalee Non - Profit Housing, Inc
DB /A
Immokalee Housing & Family Services
Energy Efficiency Upgrades
Catalog of Federal Domestic Assistance # 14.239
HUD Grant #-M- 1 O-UC- 12-0017
THIS AGREEMENT is made and entered into by and between Collier County, a political
subdivision of the State of Florida, ( "COUNTY "), and Immokalee Non - Profit Housing, Inc. DB /A
Immokalee Housing & Family Services, a private not - for -profit corporation existing under the laws of
the State of Florida, having its principal office at 2449 Sanders Pines Circle, Immokalee, FL 34142,
and its Federal Tax Identification number as 59- 2716833 and Duns #84- 985 -5549
("DEVELOPER/SPONSOR').
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development (HUD) as
provided by the Cranston- Gonzalez National Affordable Housing Act, as amended; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier
County Consolidated Plan- One -Year Action Plan for Federal Fiscal Year 2010 -20 -11 for the HOME
Program with Resolution 2010 -85 on April 27, 2010; and
WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for
Federal Fiscal Year 2010 -2011 for the HOME Program and the use of the HOME funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the DEVELOPER/SPONSOR desire to provide the activities
specified in this Agreement, in accord with the approved One -Year Action Plan; and
WHEREAS, the COUNTY desires to engage the DEVELOPER/SPONSOR to implement such
undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "HOME" is the HOME Investment Partnerships Program as described in 24 CFR Part
92, under the authority of 42 USC 3535(d) and 12701 - 12839.
(C) "HHVS" means the Housing, Human and Veteran Services Department of Collier
County.
(D) "DEVEI,OPER/SPONSOR" means Immokalee Non -Profit Housing, Inc. DB /A
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 1 of 29
2010 -HOME HM 10 -03
Packet Page -1692-
6/12/2012 Item 16,D.1.
Immokalee Housing & Family Services (IHFS.)
(E) "HHVS APPROVAL" means the written approval of the Housing, Human and Veteran
Services Department of Collier County or designee.
(F) "HUD" means the Secretary of 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".
(I) "AGENCY" means HHVS, the HOME administering Agency of Collier County. For
the purpose of this Agreement and all administration of HOME finds, the AGENCV
shall act on behalf of the COUNTY in the execution and fiscal and programmatic
control of this agreement.
(J) "FEE" is the amount of money the COUNTY agrees to pay and the
DEVELOPER/SPONSOR agrees to accept as payment in full for all the professional
and technical services rendered pursuant to this Agreement to complete the WORK as
further defined in Section III, Scope of Work.
(K) "WORK" - is all the professional and technical services to be rendered or provided by
the DEVELOPER/SPONSOR as described here.
H. SCOPE OF SERVICES
The DEVELOPER/SPONSOR shall, in a satisfactory and proper manner, as determined by HHVS,
perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each
request for reimbursement using Exhibit `B" along with the monthly submission of Exhibit "E," all of
which are attached hereto and made a part hereof.
III. TIME OF PERFORMANCE
The effective date of this Agreement between IHFS and Collier County shall be June 14, 2011. The
services of the DEVELOPER/SPONSOR shall be undertaken and completed in light of the purposes of
this Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to
execution of this Agreement subject to HHVS prior written approval. In any event, all services
required hereunder shall be completed by the DEVELOPER/SPONSOR prior to June 14, 2012. Any
funds not obligated by the expiration date of this Agreement shall automatically revert to the
COUNTY, as set forth in Part VIII (F) (e), and Part VIII(H).
IV. CONSIDERATION AND LIMITATION OF COSTS
The DEVELOPER/SPONSOR shall be reimbursed by the COUNTY using federal funds for allowable
costs, determined by COUNTY, in an amount not to exceed One hundred seventy thousand
DOLLARS ($170,000.00) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by DEVELOPER/SPONSOR
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY
and federal requirements. The DEVELOPER/SPONSOR shall enter into contract for improvements
with the lowest responsive and qualified bidder. Contract administration shall be handled by the
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 2 of 29
2010 -HOME HM 10 -03
Packet Page -1693-
6/12/2012 Item 16.D.1.
DEVELOPER/SPONSOR and monitored by the COUNTY, which shall have access to all records and
documents related to the project.
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 -5361, and to
the DEVELOPER/SPONSOR when delivered to its office at the address listed on page one of this
Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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 DEVELOPER/SPOINTSOR 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 Part 92.206, HOME Investment Partnership Program - The regulations
governing the disbursement of HOME funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq.
4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 3 of 29
2010 -HOME HM 10-03
Packet Page -1694-
6/12/2012 Item 16.D.1.
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 Education, Hospitals and Other Non - Profit
Organizations.
19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to
State and Local Governments.
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 4 of 29
2010 -HOME HM 10-03
Packet Page -1695-
6/12/2012 Item 16.D.1.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq.
and regulations relating thereto. Failure by the DEVELOPER/SPONSOR 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
good faith effort to resolve any such disputes by negotiation. The negotiation
shall be attended by representatives of DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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.
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 5 of 29
2010 -HOME HM10 -03
Packet Page -1696-
6/12/2012 Item 16.D.1.
D. SUBCONTRACTS
Any work or services subcontracted by the DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR of any subcontract hereunder, such subcontracts must be submitted by the
DEVELOPER/SPONSOR to HHVS for its review and approval, which will specifically include a
determination of compliance with the terms of the attached Work Program 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 DEVELOPER/SPONSOR cost. None of the work
or services covered by this Agreement, including but not Iimited to consultant work or services, shall
be subcontracted by the DEVELOPER/SPONSOR or reimbursed by the COUNTY without prior
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 g - boards -ofboth 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 DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR or anyone employed or utilized by the DEVELOPER/SPONSOR 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 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 DEVELOPER/SPONSOR will include a reference to the financial support herein
provided by HHVS in all publications and publicity. In addition, the DEVELOPER/SPONSOR will
make a good faith effort to recognize HHVS' support for all activities made possible with funds made
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 6 of 29
2010 -HOME HM10 -03
Packet Page -1697-
6/12/2012 Item 16.D.1.
available under this Agreement. The DEVELOPER/SPONSOR 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 sub - sections 1 -3 as follows, all finished or
unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared,
and capital equipment secured by the DEVELOPER/SPONSOR with funds under this Agreement shall
be returned to HHVS or the COUNTY. In the event of termination, the DEVELOPER/SPONSOR
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 DEVELOPER/SPONSOR, and the COUNTY may withhold any
payment to the DEVELOPER/SPONSOR for set -off purposes until such time as the exact amount of
damages due to the COUNTY from the DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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 HUD specifies.
I. INSURANCE
DEVELOPER/SPONSOR shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts described herein and further set forth
in Exhibit " D" to this Agreement.
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 7 of 29
2010 -HOME HM 10 -03
Packet Page -1698-
6/12/2012 Item 16.D.1.
J. DEVELOPER LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit D shall not relieve the
DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR shall be in default of the terms and
conditions of the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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 RECORDKEEPING
The DEVELOPER/SPONSOR shall maintain all records required by the HOME
Federal Regulations for a period of five years (5) years after expiration of this
Agreement.
2. All reports, plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the
DEVELOPER/SPONSOR for the purpose of this Agreement shall be made
available to the COUNTY by the DEVELOPER/SPONSOR at any time upon
request by 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.
Immokalee Housing & Family Services
Energy Efficiency Upgrades
2010 -HOME HM10 -03
Packet Page -1699-
6/12/2012 Item 16.D.1.
The DEVELOPER/SPONSOR 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. DEVELOPER/SPONSOR shall submit monthly beneficiary reports to HHVS
using Exhibit "E ".
5. The DEVELOPER/SPONSOR 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.
DEVELOPER/SPONSOR shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, the
DEVELOPER/SPONSOR shall maintain records showing compliance with
federal purchasing requirements and with other federal requirements for grant
implementation.
6. Indirect Costs: If indirect costs are charged, the Developer will develop an
indirect cost allocation plan for determining the appropriate Developer'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 HOME funded project may
result in the delay of processing reimbursement requests for ongoing
activities or in the forfeiture of future HOME funds.
The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR further agrees that HHVS shall be the final
arbiter on the DEVELOPER/SPONSOR's compliance with the above.
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.
D. ADDITIONAL HOUSING & HUMAN 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.
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 9 of 29
2010 -HOME HM 10 -03
Packet Page -1700-
6/12/2012 Item 16.D.1.
E. WRITTEN APPROVALS- SUMMARY
(1) All subcontracts and agreements proposed to be entered into by the
DEVELOPER/SPONSOR 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 §
112.061, Fla. Stat., unless otherwise required by HOME);
(4) All change orders; and
(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 HOME 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 -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by
reference.
G. AUDITS AND INSPECTIONS
1. 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.
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
DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR. A copy of the audit report must be
received by HHVS no later than six months following the end of the
DEVELOPER/SPONSOR's fiscal year.
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 10 of 29
2010 -HOME HM10 -03
Packet Page -1701-
6/12/2012 Item 16.D.1.
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 DEVELOPER/SPONSOR may choose
to have an audit performed either on the basis of the DEVELOPER/SPONSOR'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.
5. The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR shall include in all HHVS approved subcontracts
used to engage subcontractors to carry out any eligible substantive programmatic
services, as such services are described in this contract and defined by HHVS, each of
the record - keeping and audit requirements detailed in this contract. HHVS shall, in its
sole discretion, determine when services are eligible substantive programmatic services
and subject to the audit and record - keeping require rents described above.
H. PROGRAM - GENERATED INCOME
All income earned by the DEVELOPER/SPONSOR 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
DEVELOPER/SPONSOR shall report its plan to utilize such income to HHVS, and said plan shall
require the prior written approval of the HHVS Department or 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.
Program Income, as defined by 24 CFR 92.503 for HOME funds, may be retained by the Agency.
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 DEVELOPER/SPONSOR or its sub - contractors shall be returned to the COUNTY unless the
DEVELOPER/SPONSOR requests and is authorized to utilize uncommitted funds.
I. GRANT CLOSEOUT PROCEDURES
DEVELOPER/SPONSOR'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.
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 11 of 29
2010 -HOME HM 10 -03
Packet Page -1702-
6/12/2012 Item 16.D.1.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR shall comply with the 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 DEVELOPER/SPONSOR
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 HOME 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 very low, low- 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 funded under this Agreement shall
assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement.
The DEVELOPER/SPONSOR shall provide written verification of compliance to HHVS upon HHVS'
request.
D. CONFLICT OF INTEREST
The DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR. Any possible conflict of interest on the part of the
DEVELOPER/SPONSOR or its employees shall be disclosed in writing to HHVS. (See 24 CFR
92.356).
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 12 of 29
2010 -HOME HM 10 -03
Packet Page -1703-
6/12/2012 Item 16.D.1.
E. PUBLIC ENTITY CRIMES
As provided in Section 287.133, Fla. Stat., by entering into this Agreement or performing any work in
furtherance hereof, the DEVELOPER/SPONSOR 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 Section 287.133(3)(a), Fla.
Stat.
F. DRUG -FREE WORKPLACE REQUIREMENTS
The DEVELOPER/SPONSOR 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:
1. 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.
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, subgrants,
contracts under grants, loans, and cooperative agreements) and that all
DEVELOPER/SPONSOR'S shall certify and disclose accordingly.
H. REAL PROPERTY
Any real property acquired by the DEVELOPER/SPONSOR 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 part 24, shall be subject to
the provisions of the CDBG/HOME Regulations including, but not limited to, the provisions on use
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 13 of 29
2010 -HOME HM 10-03
Packet Page -1704-
6/12/2012 Item 16.D.1.
and disposition of property. Any real property within the DEVELOPER/SPONSOR's control, which
is acquired or improved in whole or part with CDBG/HOME funds in excess of $25,000, must adhere
to the CDBG/HOME Regulations at 24 CFR 570.505.
IX. ENVIRONMENTAL CONDITIONS
The DEVELOPER/SPONSOR agrees to comply with the following requirements:
A. AIR AND WATER
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 DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR 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 in 24 CFR 92.355.
D. HISTORIC PRESERVATION
The DEVELOPER/SPONSOR 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.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
HOME funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 92.257 specifies the limitations on HOME funds for faith based activities.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the DEVELOPER/SPONSOR shall transfer to the COUNTY any
HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of
HOME funds. 24 CFR 92.504(2)(vii).
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 14 of 29
2010 -HOME HM10 -03
Packet Page -1705-
6/12/2012 Item 16.D.1.
XII. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -nine (29) 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 hereto and
constitutes 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.
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 15 of 29
2010 -HOME HM 10 -03
Packet Page -1706-
6/12/2012 Item 16.D.1.
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 % y th day of
J v n •c , 20_l j
ATTEST: ��'''`'' 02�g,
Dwight E. Wpel lerl�,c+, c,Courts
By:t
Att
Data
(SEA).'
.-First Witness
Type /print witness name
Approved as to form and
legal sufficiency:
Jennifer . White
Assistant County Attorney
Immokalee Housing & Family Services
Energy Efficiency Upgrades
2010 -HOME HM 10-03
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:. C'j,
FRED W. COYLE, Chairman
IMMOKALEE NON - PROFIT HOUSING, INC.
DB /A
IMMOKALEE HOUSING & FAMILY
SERVICES
By:
D ELOPER/SPONSOR Signature
Jakes DeCuzzi, Executive Director` '
Page 16 of 29
Packet Page -1707-
6/12/2012 Item 16.D.1.
EXHIBIT "A"
SCOPE OF SERVICES
IMMOKALEE NON- PROFIT HOUSING, INC.
D/B /A
IMMOKALEE HOUSING & FAMILY SERVICES
ENERGY EFFECIENCY UPGRADES
A. PROJECT SCOPE:
On April 27", 2010, the Board of County Commissioners approved the HUD Action Plan
allocating funding for this initiative. Home Investment Partnerships Program (HOME)
funding will be used for the installation and rehabilitation of single family homes located at
Timber Ridge in Immokalee, Florida.
In the Action Plan the intended outcome is to provide funding for energy efficient upgrades
to 34 affordable rental units (refer to Exhibit C for a complete listing of addresses for all 34
units) using HOME funds in collaboration with Immokalee Housing and Family Services.
The grant funding will cover all costs associated with the removal, replacement and
installation of Energy Efficient hot water heaters, and Central Air Conditioning units,
including, but not limited to, equipment, as needed duct work, permits, inspections, labor
and other related materials.
The detailed project scope will be contained in the bid specifications of the vendor. The
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 and Housing and Urban
Development's national objective to provide decent housing.
B. BUDGET
Collier County Housing, Human and Veteran Services is providing One Hundred Seventy
Thousand Dollars and 00 /100 ($170,000.00) in HOME funding for the project scope
described above. The required matching funds of $42,500 were provided from SHIP
projects 09 -30R, 09 -31R and 09 -33R.
Line Item Description: HOME Funds Matching Funds
Removal of existing and installation of new $170,000.00 $42,500.00
Central- Heat/Air & Water Heaters
Total HOME FUNDING $170,000.00
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.
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 17 of 29
2010 -HOME HM 10-03
Packet Page -1708-
6/12/2012 Item 16.D.1.
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
06/14/2011
08/2011
Prepare bid documents and initiate procurement
process
09/2011
11/2011
Award contract
12/2011
04/2012
Complete removal of old and installation of new air
conditioners and water heaters
5/2012
1 6/14/1
1 Project Close -out
D. PAYMENT SCHEDULE
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Installation and Completion of 34 Central-
Submission of monthly invoices on AIA
Heat/Air & Water Heater units
_G702 -1992_ form attached to Exhibit C)
or equivalent document per contractor's
Schedule of Values. Supporting
documents must be provided as back up.
Final 10% ($17,000.00) will be a
reimbursement to FNPH upon submittal
of Certificates of Completion and final
waiver of lien.
End of Exhibit "A"
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 18 of 29
2010 -HOME HM 10-03
Packet Page -1709-
6/12/2012 Item 16.D.1.
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION 1: REQUEST FOR PAYMENT
DEVELOPER/SPONSOR Name: Immokalee Housing & Family Services.
DEVELOPER/SPONSOR Address: 2449_ Sanders Pines Circle, Immokalee, FL 34142
Project Name: Energy Efficiency U1grades
Project No: HM10 -03 Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ 170,000
2. 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)
$
I certify that this request for reimbursement has been drawn
in accordance with the terms and conditions of the
Agreement between the County and us as the Sub - recipient.
I also certify that the amount of the Request for
Reimbursement is not in excess of current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Dept Director
Immokalee Housing & Family Services
Energy Efficiency Upgrades
2010 -HOME HM 10-03
(approval authority under $14,999)
(approval required $15,000 and above)
End of Exhibit B
Page 19 of 29
Packet Page -1710-
6/12/2012 Item 16.D.1.
EXHIBIT "C'
ADDITIONAL HOME GRANT REQUIREMENTS
Timber Ridge Rental Unit Addresses
1. 2756 Wilton Court
2. 2752 Wilton Court
3. 2748 Wilton Court
4. 2744 Wilton Court
5. 2740 Wilton Court
6. 2736 Wilton Court
7. 2732 Wilton Court
8. 2720 Wilton Court
9. 2716 Wilton Court
10. 2712 Wilton Court
11. 2711 Wilton Court
12. 2715 Wilton Court
13. 2719 Wilton Court
14. 2723 Wilton Court
15. 2727 Wilton Court
16. 2731 Wilton Court
17. 2735 Wilton Court
18. 2739 Wilton Court
19. 2743 Wilton Court
20. 2747 Wilton Court
21. 2751 Wilton Court
22. 2755 Wilton Court
23. 2758 Cambridge Court
24. 2754 Cambridge Court
25. 2750 Cambridge Court
26. 2746 Cambridge Court
27. 2742 Cambridge Court
28. 2738 Cambridge Court
29. 2737 Cambridge Court
30. 2741 Cambridge Court
31. 2745 Cambridge*Court
32. 2749 Cambridge Court
33. 2753 Cambridge Court
34. 2757 Cambridge Court
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 20 of 29
2010 -HOME HM 10 -03
Packet Page -1711-
6/12/2012 Item 16.D.1.
#---A-IA Document G702"m-1992 Instructions
Application and Certificate for Payment
GENERAL NFORMATiON
Purpose and Related Documents
AIA Document G702, Application and Certificate for Payment, is to be used in conjunction with AIA Document G703, Continuation
Sheet. These documents are designed to be used on a Project where a Contractor has a direct Agreement with the Owner. Procedures
for their use are covered in AIA bocument A201, General Conditions of the Contract for Construction.
Use of Current Decumenu
Prior to using any AIA Contract Document, users should consult www.aia.org or a local. AIA component to verify the most recent
edition.
Repvodudloas
This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the
AIA. There is no itnplied permission to reproduce this document, nor does membership in The American Institute of Architects confer
any further rights to reproduce this document.
The AIA hereby grants the purchaser a limited license to reproduce a maximm of ten copies of a completed G702, but only for use in
connection with a particular project. The AIA will not permit reproduction outside of the limited license for reproduction granted
above, except upon written request and receipt of written permission from the AIA.
Rights to reproduce the document may vary for users of AIA software. Licensed AIA software users should consult the End User
License Agreement (EULA). .
To report copyright violations of AIA Contract Documents, a -mail The American Institute of Architects' legal counsel,
copyright @aia.org.
COMPLETING THE G702 fORM
After the Contractor has completed AIA Document G703, Continuation Sheet, summary information should be transferred to AIA
Document G702, Application and Certificate for Payment.
The Contractor should sign G702, have it notarized, and submit it, together with G703, to the Architect.
The Architect should review G702 and G703 and, if they are acceptable, complete the Architect's Certificate for Payment on G702.
The Architect may certify a different amount than that applied for, pursuant to Sections 9.5 and 9.6 of A201. The Architect should
then initial all figum on G702 and G703 that have been changed to conform to the amount certified and attach an explanation. The
completed G702 and G703 should be forwarded to the Owner.
MAIGNG PAYMENT
The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AIA Document G702,
Application and Certificate for Paymeru. The completed form contains the name and address of the Contractor. Pavment should not be
made to any other party unless specifically indicated on G702.
EXECUTION OF THE DOCUMENT
Persons executing the document should indicate the capacity in which they are acting (i.e., president, secretary. partner, etc.) and the
authority under which they are executing the document. Where appropriate, a copy of the resolution authorizing the individual to act
on behalf of the firm or entity should be attached.
AIA Dooweent GMIN — *M. Copydlm m 19w, 1963,1%5, t 1171, 1 ale, 190.9 and 1992 by The American tronkile of Architects. At A" nesevet wARNM: Will
AIA• Daontaentis pr r.ebA by UA. Copy ftltt Low sad kMenabsrai Trestles. Wrievi airiaN nKowc§m «NetrDnt tan or"AX0 eoawnik w any per"" of
w stay nwk an sewn oiyll oaf oritalaN poaNnea, as l will M proeeallsf M tics wtaahartat eeseat pooalNa taller We tae. Pumhasem are permitted lo reproduce ten
Immokal (101 copies of are document when oomp*W. To report copyright violations of AIA CorMrad Dowmertls, e-mail The American Institute of Architects' k*d counsel,
Energy E coWo►*@a.a.org.
2010 -HOME HM10 -03
Packet Page -1712-
6/12/2012 Item 16.D.1.
n,,..�M..4I17A Senn
• oc men -
Applicadon and Ceri'ficak for Payment
TO OWNER: PROJECT:
APPLICATION NO: Distrlb m to:'
Total changes approved in previous oaths by Owner
fERIODTO: OWNER CJ
S
CONTRACT FOR: ' ARCHITECT ❑
FROM CONTRACTOR: VIA ARCHITECT:
CONTRACT GATE: CONTRACTOR
TOTALS
PROJECT NOS: I 1 FIELD ❑
$
OTMER ❑
CONTRACTOR'S APPLICATION FOR PAYMENT
The undersigned Contractor certifies that to the best of the Contraclor's knowledge, information
Application is made for payment, as shownbelow, in connection with the Contract.
and belief the Work covered by this Application for Payment has been completed in accordance
Continuation Sheet, ATA Document G703, is attached.
with the Contract Documents, that all amounts have been paid by the Contractor for Work for
which previous Certificates for Payment were issued and payments received from the Owner, and
1.ORRDNAL CONTRACT SUM ...... ......... ......... ........... $
that current payment shown hadn is now due,
2. Net ChM by Change Orders . , ......................................... $
CONTRACTOR:
R CONTRACT SUM TO DATE (Line I 121 ........................................... $
By; pate:
4. TOTAL COMPLETED S STORED TO DATE (Column G on 6703) .......... $
State of:
5. RETMAGE:
CouNV of
L _% of Completed Work '
Subscribed and swan to before
(Colman D + E an G703) $
me this day of
b• % of Stated Material
(Column F on G703) $ -
Notary Public:
My Commission expires:
Total Retaidage (Lines 5a +5b orToW in Column I of 13703) ....... S
s: TOTAL EARNED LESSRETAIBAGE ......I ......................... $
ARCHITECT'S CERTIFICATE FOR PAYMENT
(line 4 Less Line 5 Total j
In accordance with the Contract Doamte* based on on -site observations and the data eorn"Ing
T. LESS PREVDA CETiTII1CATES FOR PAYMENT ................... $
This application, the Architect Certifies to the Owner that to the best of the Architect's knowledge,
(Une 6 from prior Certificate)
infomnation and belief the Work has progressed as indicated, the quality of the Work is in
accordance with the Contract Documents, and the Contractor is entitled Io payment of the
& CURRENT PAYMENT DE .............................................
AMOUNT CERTf6TED.
9. KANCE TO FINISH, KLUD NG RETAINAGE
AMOUNT CERTIFIED ......... ........_ ... .......... ......................... ... $
(Line 3 less lane 6) $
(Attach explanmion i1 aniount certified dif fers fran the amount applied: Initial all figures on this
A ficatiwr 1— theCoatinuatio SMpg thar ha d Whir d
CHANGE ORDER SUMMARY
ADDITIONS
DEDUCTIONS
Total changes approved in previous oaths by Owner
$
S
Total approved this Mash
S
$
TOTALS
$
$
NET CHANGES b Change Order
$
pp n e are c age to conform wtt t o amount eernfie j
ARCHITECT:
By. Date:
This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor
named herein. Issuance, payment and acceptance of payment are without prejudice to any fights of
the Owner or Contractor under this Contract
AIA Doamman G702- -1992: CWight 01953,1963,1965,1971.1978,1983 and 1992 by The Amedran hk a of Archiwt All tights m m"d. WARNING: This AIO Document is protected by U.S. Copyright law
and international Treaties. Unauthorized reproduction or distribution of this ANA! Dmaoml, or any poNion of ft, may result in severe civil and criminal penalties, and will be prosecuted to the maxtmum extent
possible under the law. Punhisers are permitted to tepreduce ten (10) copies of dais dom mead when mxmrn*ted. To report copyright violations of AW Contract Docuo mls, e- nai The American Isdtufe of ArdMmcts' ieg�
counsel. copyrih &a.org.
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 22 of 29
2010 -HOME HM 10 -03
Packet Page -1713-
Go
6/12/2012 Item 16.D.1.
CONTINUATION SHEET ALA DOCUMENT G703 (Instructions on reverse side) WE OF PAGES
.ek Doeumcat G702, AMICATION AND CERTIFICATE FOR Rkl?,ME.%T. APPLICATION NO.:
containing Conmmr's signed Cerafic[don, is attached. APPLICATION DATE:
In abuhrions below, amounts arc g2ted to the neuest dollar. PEKOD TO:
Use Column 1 on Contracts where tardle =inagc for lint items may apoy- UCHITECT'S PROJECT NO.:
e W nOC"IM I COVTL\MON Si(E ,MI G'A2 1 1992 MUM 190 1 Pr, . M AkMUX =71, OF dRG�'1= 'M,,13> ?16 YORE
,4wktiF. >;.Q. ea�Grott, D.0 20tt16�5292 � N�Al1AlG: Used phomcagi,9 � aS. mgnt�t tss rd r� � Me rbhbr fa � aoeea�On, Ci103�1992
NIM! ItU�: RiY 71M{W -ir� � IYIi1 IlfiWfl lW tFlli t ri �. t� � � � � Iii i{ � Rf1GPl. � r.
Immokal.,...,
Energy Efficiency Upgrades Page 23 of 29
2010 -HOME HMI O -03
Packet Page -1714-
B
C
D E
F
G
E
NO'
Dt- tIPIlON OF YORK
SCHEDiIt€D
I VkLLE
i
WORK COMPLETED
1<LAiE W
PRE S_'N' Y
STORED
D OR E)
TOLD
COMPLETED
Ah STORM
(D +E +F)
�,.
(G m Cj
I
Ii4LARCi
il�o H
(C - G)
RETILWE
(Ik�RLABLE)
RATEI
pEC 1101
(D + E
I
f THIS PERIOD
�
r
I
,
I
I
i
I
i
I
t
I
i
i
i
11
f
1
I
I
I
i
I
�
i
i
1
e W nOC"IM I COVTL\MON Si(E ,MI G'A2 1 1992 MUM 190 1 Pr, . M AkMUX =71, OF dRG�'1= 'M,,13> ?16 YORE
,4wktiF. >;.Q. ea�Grott, D.0 20tt16�5292 � N�Al1AlG: Used phomcagi,9 � aS. mgnt�t tss rd r� � Me rbhbr fa � aoeea�On, Ci103�1992
NIM! ItU�: RiY 71M{W -ir� � IYIi1 IlfiWfl lW tFlli t ri �. t� � � � � Iii i{ � Rf1GPl. � r.
Immokal.,...,
Energy Efficiency Upgrades Page 23 of 29
2010 -HOME HMI O -03
Packet Page -1714-
6/12/2012 Item 16.D.1.
No additional HOME requirements for this agreement
End of Exhibit C
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 24 of 29
2010 -HOME HMIO -03
Packet Page -1715-
6/12/2012 Item 16.D.1.
EXHIBIT "D"
INSURANCE REQUIREMENTS
The DEVELOPER/SPONSOR shall furnish to Collier County, c/o Housing, Human and
Veteran Services Department of Collier CountyDepartment, 3301 E Tamiami Trail
Building H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
(a.) Workers' Compensation as required by Chapter 440, Florida Statutes.
(b.) Public Liability 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.
(c) Automobile Liability Insurance covering all owned, non -owned and hired vehicles
used in connection 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:
(d.) Professional Liability Insurance in the name of the DEVELOPER/SPONSOR or the
licensed design professional employed by the DEVELOPER/SPONSOR in an
amount not less than $300,000 per occurrence providing for all sums which the
DEVELOPER/SPONSOR and/or the design professional shall become legally
obligated to pay as damages fro claims arising out of the services performed by
the DEVELOPER/SPONSOR or any person employed by the
DEVELOPER/SPONSOR 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 DEVELOPER/SPONSOR shall
provide or cause its Subcontractors to provide original policies indicating the following
types of insurance coverage prior to any construction:
(e.) 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
DEVELOPER/SPONSOR.
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 25 of 29
2010 -HOME HMIO -03
Packet Page -1716-
6/12/2012 Item 16.D.1.
Exhibit D, Continued
(f.) 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)
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:
(g.) 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.
(h.) 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 Loss payee with respect to this coverage A.T.I.M.A.
(i.) Flood Insurance coverage for those properties found to be within a flood hazard
zone for the full replacement values of the structure(s) or the maximum amount of
coverage available through the National Flood Insurance Program (NFIP). The
policy must show Collier County as a Loss Payee A.T.I.M.A.
End of Exhibit D
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 26 of 29
2010 -HOME HM 10 -03
Packet Page -1717-
6/12/2012 Item 16.D.1.
"ATTACHMENT E"
HOME MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing & Human Services staff by the 10`" of the following
month.
Status Report for Month of Submittal Date:
Project Name Energy Efficiency UpUades
Project Number HM 10 -03 Activity Number
DEVELOPER/SPONSOR: Immokalee Housing & Family Services
Contact Person Jim DeCuzzi. Executive Director
Telephone: 239 -657 -8333 Fax: 239 - 657 -8335
E -mail: Jdecuzzina.ihfs.ore
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 Iist
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.
Exhibit E, Continued
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 27 of 29
2010 -HOME HMI 0 -03
Packet Page -1718-
6/12/2012 Item 16.D.1.
6. New contracts executed this month (if applicable):
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions on
following page)
Ethnicity
(see definitions on
following page)
Total Number of
Extremely
Very
Low Income
Female Head of
Households or Persons
Low Income
Low Income
(51 -80 0/.)
Household
7. For projects that serve a particular clientele, please complete the following information 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:
6.
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 1/o) 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 1
BOX 2
BOX 3
BOX 4
BOX 5
Total Number of
Extremely
Very
Low Income
Female Head of
Households or Persons
Low Income
Low Income
(51 -80 0/.)
Household
Assisted
(0 -30 %) .
(31 -5(%)
DEVELOPER must indicate total beneficiaries for Race AND Ethnicity
Immokalee Housing & Family Services
Energy Efficiency Upgrades Page 28 of 29
2010 -HOME HM 10 -03
Packet Page -1719-
Exhibit E, Continued
Definitions of Race:
6/12/2012 Item 16.D.1.
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
2. Black or African- American: A person having origins in any of the black racial groups of Africa.
3. 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.
4. 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.
5. 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
End of Exhibit E
b=okalee Housing & Family Services
Energy Efficiency Upgrades Page 29 of 29
2010 -HOME HM 10 -03
Packet Page -1720-
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:I�
End of Exhibit E
b=okalee Housing & Family Services
Energy Efficiency Upgrades Page 29 of 29
2010 -HOME HM 10 -03
Packet Page -1720-
6/12/2012 Item 16.D.1.
Amendment No. Ito Sub - Recipient Agreemew
Immokalee Non - Profit Housing, Inc.
D/S /A
Immokalee Housing & Family Services
Energy Efficiency Upgrades
THIS AMENDMENT, dated , 2012, to the above - referenced
Agreement shall ll `by and between the parties to the original Agreement between " Immokalee Non -
Profit Housing, Inc. DB /A Immokalee Housing & Family Services (IHFS)" a private not - for - profit
corporation existing under the laws of the State of Florida, having its principal office at 2449 Sanders
Pines Circle, Immokalee, Florida 34142, and its Federal Tax Identification number as 59- 2716833 and
DUNS 484- 985 -5549, ( "DEVELOPER/SPONSOR "), and Collier County, a political subdivision of
the State of Florida, (to be referred to as "COUNTY. ")
RE: HUD Grant # M- 10 -UC -12 -0017, Energy Efficiency Upgrades
The following changes to the above referenced Agreement have been mutually agreed to by the
Subrecipient and the County. The additions to the existing language in the Agreement are shown
herein by underlining; deletions from the Agreement are shown by str4kedffeugh
III. TIME OF PERFORMANCE
III. TIME OF PERFORMANCE
The effective date of this Agreement between IHFS and Collier County shall be June 14, 2011.
The terms of the Agreement between HUD and Collier County dated July 1. 2010 are also
applicable to DEVELOPER/SPONSOR ". The services of the DEVELOPER/SPONSOR shall
be undertaken and completed in light of the purposes of this Agreement. Strbr-eeipienAs -are
aut4ar-ized to ineuf eligible expeases e and prior- t, -1-41— f this b
-eiv
y t��, aAll services required hereunder shall
be completed by the DEVELOPER/SPONSOR >p to and including prior- te june 14, 20121
September 13. 2012. Any funds not obligated by the expiration date of this Agreement shall
automatically revert to the COUNTY, as set forth in Part VIII (F) (e), and Part VIII (H).
VI. GENERAL CONDITIONS
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
M -1 O -UC -12 -00174 14.239
Immokalee Housing & Family Services
Amendment #I Energy Efficiency Page l of 5
Packet Page -1721-
6/12/2012 Item 16.D.1.
be a condition of the Federal financial assistance provided under this contract and
binding upon the Grantee the Developer /Sponsor and any of the Developer /Sponsor 's
subrecipients and subcontractors Failure to fulfill these requirements shall subject the
Grantee the Developer /Sponsor and any of the Developer /Sponsor s subrectpients and
subcontractors their successors and assigns to those sanctions specified by the
Agreement through which Federal assistance is provided. The Developer /Sponsor
certifies and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
The Developer /Sponsor 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 protect area,
and that contracts for work in connection with the protect be
awarded to business concerns that provide economic
opportunities for low and very low - income persons residing in
the metr6politan area in which the project is located."
The Developer /Sponsor further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction
and abatement of lead based paint hazards) housing construction or other public
construction proiect are given to low- and very low- income persons residing within the
metropolitan area in which the CDBG- funded proiect 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 protect to
business concerns that provide economic opportunities for low- and very low - income
persons residing within the metropolitan area in which the CDBG - funded project is
located, feasible priority should be given to business concerns that provide
economic opportunities to low- and very low- income residents w_ ithin the service area
or the neighborhood in which the proiect is located and to low- and very low - income
participants in other HUD programs.
The Developer /Sponsor certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
a. Notifications
The Developer /Sponsor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining agreement or
M- 10 -UC -12 -0017# 14.239
Immokalee Housing & Family Services
Amendment #.1 Energy Efficiency Page 2 of 5
Packet Page -1722-
Eq
6/12/2012 Item 16.D.1.
other contract or understanding if any, a notice advising said labor organization
or worker's representative of its commitments under this Section 3 clause and
shall post copies of the notice in conspicuous places available to employees and
applicants for employment or training.
b. Subcontracts
The Develo er /S onsor 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
Developer /Sponsor will not subcontract with any entity where it has notice or
knowledge that the latter has been found in 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.
EXHIBIT "A"
SCOPE OF SERVICES
IMMOKALEE NON - PROFIT HOUSING, INC.
D/B /A
IMMOKALEE HOUSING & FAMILY SERVICES
ENERGY EFFICIENCY UPGRADES
PROJECT SCOPE:
On April 27th, 2010, the Board of County Commissioners approved the HUD Action Plan
allocating funding for this initiative. Home Investment Partnerships Program (HOME) funding
will be used for the installation of new air conditioners and water heaters in
34 single family homes located at Timber Ridge in Immokalee, Florida.
In the Action Plan the intended outcome is to provide funding for energy efficient upgrades to
34 affordable rental units (refer to Exhibit C for a complete listing of addresses for all 34 units)
using HOME funds in collaboration with Immokalee Housing and Family Services. The grant
funding will cover all costs associated with the removal, replacement and installation of Energy
Efficient hot water heaters, and Central Air Conditioning units, including, but not limited to,
equipment, as needed duct work, permits, inspections, labor and other related materials.
The detailed project scope will be contained in the bid specifications of the vendor. The
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 and Housing and Urban Development's
national objective to provide decent housing.
M- 10 -UC -12 -0017# 14.239
lmmokalee Housing & Family Services
Amendment #1 Energy Efficiency
Packet Page -1723-
Page 3 of 5
6/12/2012 Item 16.D.1.
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
46444414 �
Prepare bid documents and initiate procurement
04/2012
07/2012
process
4ij —
"
Award Vendor Contract
07/2012
08/2012
0
Complete removal of old and installation of new
08/2012
09/2012
air conditioners and water heaters
05/2012
nz -?
Project Close -out
09/2012
09/13/12
M- I O- UC -12- 0017# 14.23 9
Immokalee Housing & Family Services
Amendment #1 Energy Efficiency Page 4 of 5
Packet Page -1724-
6/12/2012 Item 16.D.1.
The DEVELOPERISPONSOR agrees that this amends the original Aareenient. All other terms
and conditions of the Agreement shall remain in force.
IN WITNESS WHEREOF, the DEVELOPEWSPONSOR and the County. have each.
respectively, by an authorized person or agent. hereunder set their hands and seals on this the
day of' 20 12.
ATTEST:
Dwiaht E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
Witnesses:
01
First Witness
A-rq Lr.�-s a 7
Type/print witness name
Second Witness
Type/print witness name
Approved as to form and
Legal sufficiency:
Jennifer B.White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BV:
FRED "I". COYLE, Chairman
IMMOKALEE I-IMSING &
FAIMILY SERVICES IINC.
-bEVELOPERIISPO'NSER (Signature)
l
M. Golden, Executive Director
(Print Name)
j%•I- I O-UC-12-0017--'] 4.239
humok-alee Housing & Family Services
Amendment "'I Energy Efficiency
o
Pale z f
Packet Page -1725-