Agenda 06/14/2011 Item #16D2
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6/14/2011 Item 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approye and authorize the Chairman to sign one (1) Sub recipient Agreement "
in the amount of $170,000 with Immokalee Non~Profit Housing d/b/a Immokalee Housing & Family.,,"
Services using a Home Investment Partnership Program (HOME) grant :';'
OBJECTIVE: Recommendation to approve and authorize the Chairman to sign one (l~
Subrecipient Agreement in the amount of $170,000 with Immokalee Non-Profit Housingd/bl&.~i
ImmokaIee Housing & Family Services using a Home Investment Partnership Program (HOME). .
grant
CONSIDERATIONS: On April 27, 2010, the Board adopted Resolution No. 2010-85
approving the 2010-201 I Action Plan (Item I 6D15), and authorized its submission to the U.S.
Department of Housing and Urban Development (HUD). A listing and description of proposed
projects, the amount of funding for each project, were included in the Action Plan submission.
On August 6, 2010, HUD provided the FY 2010-2011 entitlement funding letter and agreements
to the County in the amount of $3,376,051. The Board of County Commissioners (BCe)
accepted receipt of this entitlement funding on September 14, 20 10 (Item I 6D 12). Imrnokalee
Housing & Family Services (IHFS) was one of the projects contained in the Action Plan
approved by the Board, and submitted to and authOlized by HUD.
The intended outcome of this project is to provide $170,000 to IHFS in order to install energy
efficient Central~ Heat/Air and Water Heaters to thirty~four (34) affordable rental units located in
Immokalee.
This project was delayed due to stafftum~over within Immokalee Housing & Family Services.
FISCAL IMPACT: This modification has zero impact on the approved budget for this grant
and project. No general funds are associated with this project
GROWTH MANAGEMENT IMPACT: Implementation of this Subrecipient grant agreement
will further the goals, objectives and policies of the County's Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item
requires a majority vote. - JEW
RECOMMENDA TION: Recommendation to approve and authorize the Chainnan to sign one
(1) Subrecipient Agreement in the amount of $ I 70,000 with lmmokalee Non~Profit Housing
d/b/a Immokalee Housing & Family Services using a Home Investment Partnership Program
(HOME) grant.
Prepared by: Sandra Marrero, Grants Coordinator, Housing, HlUTIan and Veteran Services
Department
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COLLIER COUNTY
Board of County Commissioners
6/14/2011 Item 16.D.2.
Item Number: 16.D.2.
Item Summary: Recommendation to approve and authorize the Chairman to. sign one (1)
Subreclpient Agreement in the amount of $1701000 with Immokalee Non-Profit Housing d/b/a"
Immokalee Housing & Family Services using a Home Investment Partnership Program (HOMe~
grant
Meeting Date: 6/14/2011
Prepared By
~ame: ~arreroSandra
Title: Grants Coordinator,Housing, Human & Veteran Services
5/12/2011 4:10:17 p~
Submitted by
Title: Grants Coordinator,Housing, Human & Veteran Services
Name: ~arreroSandra
5/12/2011 4:10:19 p~
Approyed By
~ame: CastorenaMargo
Date: 5/13/2011 11:32:41 AM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 5/16/2011 9:43:19 AM
~ame: KrumbineMarcy
Title: Director - Housing & Human Services,Housing, Human & Veteran Services
Date: 5/16/2011 1:15:11 p~
~ame: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 5/16/2011 4:59:14 p~
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Name: FoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 5/24/2011 10:21 :58 AM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 6/1/2011 8:50:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/1/2011 3:38:20 PM
Name: PryorCheryl
Title: Management! Budget Analyst, Senior, Office of Management & Budget
Date: 6/6/2011 9:13:29 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/6/2011 I I :19:53 AM
Name: lsackso~ark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/6/2011 11 :58:50 AM
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6/14/2011 Item 16.D.2.
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6/14/2011 Item 16.0.2.
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AGREEMENT BETWEEN COLLIER COUNTY
AND
Immokalee Non-Profit Housing, Inc
D/B/A
Immokalee Housing & Family Services
Energy Efficiency Upgrades
Catalog of Federal Domestic Assistance # 14.239
_ HUD Grant # M-10-UC-12-0017
TIllS 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. D/B/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 2010-2011 for the HOME
Program with Resolution 2010-85 on April 27, 2010; and
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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 3~35(d) and 12701 - 12839.
(C) "HHVS" means the Housing, Human and Veteran Services Department of Collier
County.
. CD) "DEVELOPER/SPONSOR" means Irnmokalee Non-Profit Housing, Inc. D/B/A
Immokalee Housing & Family Services
Energy Efficiency Upgrades
2010-HOME HMIO-03
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6/14/2011 Item 16.0.2.
Immokalee Housing & Family Services (IHFS.)
"IDfVS APPROVAL" means the written approval of the Housing, Huma:1 and Veteran
Services Department of Collier County or designee.
"RUD" means the Secretary of the U.S. Department of Housin~; and Urban
Development or a person authorized to act on its behalf.
"Low and moderate income persons" means the definition set by HUD.
"PROJECr' means the work to be performed as set forth in Exhibit "A".
"AGENCY" means HHVS, the HOME administering Agency of Collier County. For
the purpose of this Agreement and all administration of HOME funds, 1he AGENCY
shall act on behalf of the COUNTY in the execution and fiscal and l)rogrammatic
control of this agreement.
"FEE" is the amount of money the COUNTY agrees to pay and the
DEVELOPER/SPONSOR agrees to accept as payment in full for all thc~ professional
and technical services rendered pursuant to this Agreement to complete 1he WORK as
further defined in Section ill, Scope of Work.
"WORK" - is all the professional and technical services to be rendered or provided by
the DEVELOPER/SPONSOR as described here.
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II. S<L:OPE OF SERVICES
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The DEvtELOPERlSPONSOR shall, in a satisfactory and proper manner, as determined by HHVS, .
perform tpe tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each .
request fQr reimbursement using Exhibit "B" along with the monthly submission of Exhibit "E," all of
which are: attached hereto and made a part hereof.
ID. TIME OF PERFORMANCE
The effective date of this Agreement between IHFS and Collier County shall be June 1.4.2011. The
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services o;fthe DEVELOPER/SPONSOR shall be undertaken and completed in light of the purposes of
this Agreement. Subrecipients are authorized to incur eligible expenses after that dat~: and prior to
execution! of this Agreement subject to HHVS prior written approval. In any even1~ all services
required Itereunder shall be completed by the DEVELOPER/SPONSOR prior to June 14.2012. Any
funds no~ obligated by the expiration date of this Agreement shall automatically revert to the
COUNTt as set forth in Part vm (F) (e), and Part Vill(H). .
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IV. CONSIDERATION AND LIMITATION OF COSTS
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The DEV~LOPER/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 imprpvements specified in Exhibit "A" shall be performed by DEVELOPER/SPONSOR
employee~, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY
and feder?1 requirements. The DEVELOPER/SPONSOR shall enter into contract for improvements .
with the ~owest responsive and qualified bidder. Contract administration shall .be handled by the
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Energy Effi~lency Upgrades
2010-HOME HMIO-03
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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/SPONSOR agrees to comply with any applicable laws, ordinances, regulations and
orders of the State, local and Federal governments, including, but not limited to:
1. 24 CFR Part 92.206, HOME Investment Partnership Program - The regulations
governing the disbursement of ROME funds.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Title VI of the 1984 Civil Rights Act, 42 USC 9 2000d, et. seq.
4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
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6/14/2011 Item 16.0.2.
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.
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Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC ~ 2000e, et. seq.
24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
Age Discrimination Act of 1975.
Contract Work Hours and Safety Standards Act, 40 USC 327-332.
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Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5).
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Uniform. Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended.
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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)).
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Executive Order 11914 - Prohibits discrimination with respect to the handieapped
in federally assisted proj ects.
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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.
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Public Law 100-430 - the Fair Housing Amendments Act of 1988.
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OMB Circular A-133 - concerning annual audits.
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OMB Circular A-122 - which identifies cost principles.
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24 CFR 84 - Uniform. Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations.
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24 CFR 85- Uniform. Administrative Requirements for Grants and Agreements to
State and Local Governments.
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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 a
good faith effort to resolve any such disputes by negotiation. The negotiation
shall be attended by representatives of DE VEL OPERIS PONS OR 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 g 44.102, Fla. Stat.
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D.i SUBCONTRACTS
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Any work or services subcontracted by the DEVELOPER/SPONSOR shall be specifically by written
contract of agreement, and such subcontracts shall be subject to each provision of this Agreement and
applicabl~ 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 ofthe attached Work Program set forth in Exhibit "A."
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Tbis review also includes ensuring that all consultant contracts and fee schedules meet the minimum
standards ias established by the Collier County Purchasing Department, Florida Statutes, and HUD.
Reimbursements for such services will be made at DEVELOPER/SPONSOR cost. NOlli~ of the work
or service~ covered by this Agreement, including but not limited to consultant work or services, shall
be subco~tracted by the DEVELOPER/SPONSOR or reimbursed by the COUNTY without prior
written approval of the HHVS or its designee.
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E. i AMENDMENTS
Tbis Agr~ement, 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 approvl~ adjustments
between l~e item amounts, scope clarifications, or an extension of time and schedule that do not
change th~ project, or exceed the amount funded by the County, as stated herein. Any modifications to
this contr~ct shall be in compliance with the County Purchasing Policy and Administrative Procedures
in effect ~ the time such modifications are authorized.
F.: INDEMNIFICATION
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To the m~um extent permitted by Florida law, the DEVELOPER/SPONSOR shall indemnify and
hold harnUess Collier County, its officers and employees from any and all liabilities, damages, losses
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and costs~ including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused ~y the negligence, recklessness, or intentionally wrongful conduct of the
DEVELO~ER/SPONSOR or anyone employed or utilized by the DEVELOPER/SPONSOR in the
performmtce of this Agreement. This indemnification obligation shall not be construed to negate,
abridge ot reduce any other rights or remedies which otherwise may be available to an ind.emnified party
or person idescribed in this paragraph. Tbis section does not pertain to any incident arising from the sole
negligenc6 of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign
immunityibeyond the limits set forth in section 768.28, Florida Statutes.
G.i GRANTEE RECOGNITION
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All facili~ies purchased or constructed pursuant to this Agreement shall be clearly identified as to
funding SOurce. The DEVELOPER/SPONSOR will include a reference to the fmancial support herein
provided by HHVS in all publications and publicity. In addition, the DEVELOPER/SPONSOR will
make a g~od faith effort to recognize HHVS' support for all activities made possible with funds made .
lmmokalee fIousing & Family Services
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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 tcam 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.
1. 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 oftennination. (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.
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DEVELOPER LIABILITY OBLIGATION
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Complianbe 'with the insurance requirements in Exhibit D shall not relieve the
DEVELOiPER/SPONSOR of its liability and obligation under this subsection or under any subsection
of this cox).tract. The contract is contingent upon receipt of the insurance documents within fifteen (15)
calendar ~ays 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) calend~ 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
Commiss~oners' approval, the DEVELOPER/SPONSOR shall be in default of th,e terms and
conditions of the contract.
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K.! INDEPENDENT AGENT AND EMPLOYEES
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Die DEVELOPER/SPONSOR agrees that it will be acting as an independent agent and that its
employed are not Collier County employees and are not subject to the County provLsions of law
applicabl~ to County employees relative to employments, hours of work, rates of compensation, leave,
unemplo~ent and employee benefits.
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VII. AJ!>MINISTRATIVE REQUIREMENTS
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A.' FINANCIAL MANAGEMENT
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The DEvELOPER/SPONSOR agrees to comply with OMB Circular A -110 (Uniform Administrative
Requirem~nts for Grants and Agreements with Institutions of Higher Education, Hospi1als and other
Non-Profi,t 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. i
B.i DOCUMENTATION AND RECORDKEEPING
1. 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 completl~d 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 IlliVS. 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.
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3.
The DEVELOPER/SPONSOR shall submit reports as required to assist the
COUNTY in the preparation of HUD Labor Relations, WBEIMBE, Equal
Opportunity Employment, and BUD 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 "En.
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 offuture HOME funds.
8. 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 SUB RECIPIENT agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
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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$l,OOO or more;
(3) All out-of-town travel; (travel shall be reimbursed in accordance '.vith ~
112.061, Fla. Stat., unless otherwise required by ROME);
(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 ROME funds, whether for merit or
cost ofliving.
F. i PURCHASING
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All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a writtbn contract and in conformity with the procedures prescribed by the Federal Management
Circulars !A-1I0, A-I22, 24 CFR Part 84, and 24 CFR Part 85, which are incorporatl~d herein by
reference. i
G.! AUDITS AND INSPECTIONS
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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.
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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 IDIVS-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 IDIVS 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 requirements described above.
H.
PROGRAM-GENERATED INCOME
All income earned by the DEVELOPER/SPONSOR from activities fmanced 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-II 0 (Uniform Administrative Requirement for
Federal Grants) and other applicable regulations incorporated herein by reference.
Program Income, as defmed 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 fmal
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.
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VIII. OTHER PROGRAM REQUIREMENTS
At OPPORTIJNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The DE\fELOPER/SPONSOR agrees that no person shall be excluded from the benefits of, or be
subjectedito, 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 bf such discrimination, the COUNTY shall have the right to terminate this. Agrel~ment.
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To the gr~atest extent feasible, lower-income residents of the project areas shall be given opportunities
for trainmg and employment; and to the greatest feasible extent eligible business concerru; located in or
owned hi 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 Sec:tion 3 of the
Housing ~d Community Development Act of 1968.
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OPPORTUNITIES FOR SMALL AND MINORITYIWOMEN-OWNED BUSINESS
ENTERPRISES
In the pr~curement 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 suppli~s 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 feasiblc~, these small
business ~d 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.
.:
cl PROGRAM BENEFICIARIES
I
At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must
be very lqw, low- income persons. If the project is located in an entitlement city, as defined by RUD,
or serves peneficiaries 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 CO)mty's Urban County Qualification Program. The project funded under this Agreement shall
assist be~eficiaries as defined above for the time period designated in Exhibit Aof this Agreement.
The DEV!ELOPER/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 targe~ areas or any parcels therein, which would conflict in any manner or degree with the
perform~ce 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 tb.e part of the
DEVELqPER/SPONSOR or its employees shall be disclosed in writing to HHVS. (See 24 CFR
92.356). i .
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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 tp.e Drug-Free Workplace Act of1988 (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.
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, 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
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and dispdsition 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 CDBGIHOME Regulations at 24 CFR 570.505.
IX. ENvIRONMENTAL CONDITIONS
.
The DEVELOPER/SPONSOR agrees to comply with the following requirements:
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AJ 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), th~ DEVELOPER/SPONSOR shall assure that for activities located in an area identified by
FEMA asihaving special flood hazards, flood insurance under the National Flood InsuraQi~e Program is
obtained ~d maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from
FEMA, v,!hich would satisfy this requirement and/or reduce the cost of said flood insurance.
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C.' LEAD-BASED PAINT
'flie DEVELOPER/SPONSOR agrees that any construction or rehabilitation of residential
structures: with assistance provided under this contract shall be subject to HUn Lead-Based Paint
Poisoning Prevention Act found in 24 CFR 92.355.
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DJ HISTORIC PRESERVATION
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Tije DEVELOPER/SPONSOR agrees to comply with the Historic Preservation requirements
set forth lin 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
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HOME funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 9;2..257 specifies the limitations on HOME funds for faith based activities.
XI. REVERSION OF ASSETS
,
Upon ex~iration of the Agreement, the DEVELOPER/SPONSOR shall transfer to the COUNTY any
HOME rQndson hand at the time of expiration and any accounts receivable attributable to the use of
HOME fUnds. 24 CFR 92.504(2)(vii).
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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 confonn to the terms and requirements of
applicable law.
XIll. 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.
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IN WITNESS WHEREOF, the DEVELOPERlSPONSOR and the County, have each. rcspediv.:ly,.
by an authorized person or apt, hcmmdcr set their bauds and seals 011 this day of
. .20_..
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ATrEsT:
~gbt B. Brock, Clctk of Courts
By:
D8ted:
(SEAL)
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Approved as to form and
I. sufficiency:
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Jdnnifer B. \fmte
~ColUlty Attorney
~ Housiug &; Family Services
El\ergy Efficioncy Upgrad::s
2010-HOME HMlo..o3
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
IMMOKALEE NON-PROFIT HOUSING, INC.
D/B/A
IMMOKALEE HOUSING &. FAMILY
SERVICES
LOPER/SPONSOR Signature
es DcCuzzi. Executive Director
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EXHIBIT "A"
SCOPE OF SERVICES
IMMOKALEE NON-PROFIT HOUSING. INC.
D/BIA
IMMOKALEE HOUSING & FAMILY SERVICES
ENERGY EFFECIENCY UPGRADES
A. PROJECT SCOPE:
On April 27th, 2010, the Board of County Commissioners approved the HOD 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 HO:ME 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 SIDP
projects 09-30R, 09-31R and 09-33R.
Line Item Description:
HO:ME Funds
Matching Funds
Removal of existing and installation of new
Central-Heat/Air & Water Heaters
$170,000.00
$42,500.00
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.
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c. PROJECT WORK PLAN
.
i The following Project Work Plan is in effect for program monitoring requirements only
i and, as such, is not intended to be used as a payment schedule.
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bate Start Date End
P6/14/20 11 08/2011
09/2011 11/2011
P/20 11 04/2012
~/2012 6/14/12
Work Plan
Prepare bid documents and initiate procurement
rocess
Award contract
Complete removal of old and installation of new air
conditioners and water heaters
Project Close-out
D. PAYMENT SCHEDULE
Th~ following table details the project deliverables and payment schedule.
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!Deliverable
!Installation and Completion of 34 Central-
~eat/ Air & Water Heater units
Payment Schedule
Submission of monthly invoices on AlA
G702-1992 form (attached to Exhibit C)
or equivalent document per. contractor's
Schedule of Values. Supporting
documents must be rovided as back u .
Final 10% ($17,000.00) will be a
reimbursement to FNPH upon submittal
of Certificates of Completion and fmal
waiver of lien.
~
End of Exhibit "A"
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1. Grant Amount Awarded
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 To day's Request
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6/14/2011 Item 16.0.2.
EXHIBIT "B"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
DEVELOPER/SPONSOR Name:
Immokalee Housing & Family Services.
DEVELOPER/SPONSOR Address:
2449 Sanders Pines Circle. Immokalee. FL 34142
Project Name: Energy Efficiency Upgrades
Project No:
HMIO-03
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
$
170,000
$
$
$
$
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
(approval authority under $14.999)
(approval required $15.000 and above)
End of Exhibit B
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EXHIBIT "c'
ADDITIONAL HOME GRANT REOillREMENTS
1. 27p6 Wilton Court
2. 27~2 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.' 27:16 Wilton Court
10. 27~2 Wilton Court
11. 27il1 Wilton Court
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12. 27!15 Wilton Court
13. 27:19 Wilton Court
14. 27~3 Wilton Court
15. 27~7 Wilton Court
16. 27~1 Wilton Court
17. 2735 Wilton Court
18. 27~9 Wilton Court
19. 2743 Wilton Court
20. 2747 Wilton Court
21. 2751 Wilton Court
22. 2755 Wilton Court
23. 2758 Cambridge Court
24. 2~54 Cambridge Court
25. 2~50 Cambridge Court
26. 2~i46 Cambridge Court
27. 2?:42 Cambridge Court
28. 2~38 Cambridge Court
29. 2~37 Cambridge Court
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30. 2~41 Cambridge Court
31. 27145 Cambridge Court
32. 2149 Cambridge Court
33. 2~53 Cambridge Court
34. 2~57 Cambridge Court
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_AlA Document G702"'-1992 Instructions
Application and Certificate for Payment
GENERAL INFORMATION
Purpose and Related Documents . .
AlA Document G702, Application and Certificate for Payment. is to be used in conjunction ,...ith AlA 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 Document A20 I, General Conditions of the Contract for Construction.
Use Df Current DDcuments
Prior to using any AlA Contract Document, users should consult www.aia.org or a local AlA component to verify the most r~cnt
edition.
Reproductions
This document is a copyrighted work and may not be reproduced or excerpted from without the express written permissio~ of the
AlA. There is no implied pennission to reproduce this document, nor does membership in The American Institute of Architects confer
any further rights to reproduce this document.
The AlA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G702, but only for use in
connection with a particular project. TIle AlA will not permit reproduction outside of the limited license for reproduction granted
above, except upon written request and receipt of written permission from the AlA.
Rights to reproduce the document may vary for users of AlA software. Licensed AlA software users should consult the End User
License Agreement (EULA).
To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel,
copyright@aia.org.
COMPLETING THE G702 FORM
After the Contractor has completed AlA Document G703, Continuation Sheet, summary information should be transferred to AlA
Document G702, Application and Certificate for Payment.
The Contractor should sign G702, have it notarized. and submit it, together with G703, to the ArchitecL
The Architect should review G702 and G703 and, if they are acceptable, complete the Architect's Certiticate for Payment on G702.
The Architect may certify a different amount than that applied for. pursuant to Sections 9.5 and 9.6 of A20 I. The Architect should
then initial all figures on G702 and G703 that have been changed 10 conform to the amount certified and attach an explanation. The
completed G702 and G703 should be forwarded to the Owner.
MAKING PAYMENT
The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AlA Document 0702,
Application and Certiticate for Payment. The completed fonn contains the name and address of the Contractor. Payment 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 lire executing the document. Where appropriate. a copy of the resolution authorizing the individual to act
on behalf of the finn or entit)' should be anached.
AlA Decl/ment G702'" -1lll12. Copyright = 1953, 1963. 1965, 1971. 1978. 1983 and 1992 by The American Inslitule of Architects. All rights ruerve<l. WARNING: This
AlAe Document Is protected by U.s. Copyright Law and Internallonal Trealles. Unauthorized reproduction or cIlstrlbution of this AlA-Document, er any portion of
It, mey result In severe clvU and crimInal penalties, and will be proseculed to the maximum extent possible under the law. Purchasers are pennilled 10 reproduce ten
Immokal (10) copies or lhis document when completed. To report copyright violations 01 AlA Contract Documents e.mail The American Instilute 01 hchhects'legal counsel
E E copyright@aia,org. ' .
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;~ AlA Document G70t -1992
Application and Certificate for Payment
TO OWNER: PROJECT:
FROM CONTRAtTOR:
VIAARCHlTECT:
CONTRACTOR'S APPLICATION FOR PAYMENT
Ajlplicalioo is made for paymen~ as shown below, in connectioo with !be Contr:lcL
C~ntinualioD Shed, AlA Document m03. ~ aIlXhed.
l.ORJGINAL CONTRACT SUM ......................................................_ $
I
2.iNel change by Change Orders ................................................. $
3.tONTRACT SUM TO DATE (line I :!:2) ..........;............................... $
4.~OTAL COlIPlETED&sTOREDTO DATE (Column G on G703j ............. $
5.!RETAlNAGE:
ia _%ofComp!elelIWork
i (Column 0 + Eon G703) S
: b. _ iofStoroo Material
: rClllUllBl Fan G703j $
I .
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! TOlal Relaina~ (Line, Sa+ 5b orTola1 in Column I or G703)....... S
6.!TOTALEARNEDLESSRETAlNAGE .................................... S
: (line 4l.ess Line 5 Total)
7..LESS PREVIOUS CERTIFICATES FOR PAYMENT ...................... S
i (Une6 from prior CertifiC'Jle)
a;CURRENT PAYIIENT DUE .............................................1 $
9~BAlJJlCE TO ANlSH, INCLUDING RETAlNAGE
(Line31ess Line 6) S
CHANGE ORDER SUMMARY ADDmONS
iotal changes approved in previous IOOnlhs by Dvmer S
Total approved this Moo!h S
TOT Al.S S
S
DEDl!CllONS
$
$
S
6/14/2011 Item 16.0.2.
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APPLICATION NO:
PERIOD TO: .'.
COIlTRACT fOR:
CONTRACT DATE:
PROJECT NOS:
Dislribulion to:
OWNER 0
ARCHITECT 0
CONTRACTOR 0
FIELD 0
OTHER 0
The unde~igned Contraclor certifies tM to the best of the ConlrnC!ol's knowledge, infoltD:llion
and belief the Work comed by this Applic~lion for PaYll1l.'1It has ~n completed in :lCI."Ordance
\Iith the Conlracr Documents, th:It aU amoulllS have been paid by !re ContmlOf for Work for
which prelious Certificates for Payment were ~1ICd llIId paymenl\ received froDllhe Owner, ODd
that currenl p:1YIWJt shown herein is now due.
CONTRACTOR:
B}~ Date:
SI:llcof:
County of:
Subscribed aIXI swom to before'
me this day of
Notary Public:
My Commission expires:
ARCHITECT'S CERTIFICATE FOR PAYMENT
In accordance wilh !be Contrnct Doc~n\s. b:lSed on on-siteoilser.-Jtions llIId the data comprising
thi~ application, the Architect Ctltifies to the Owner !hat 10 the hest of !he Architecl'S knowledge,
infonDation and belief the Worl.: hilS prugre&led al indicated, the quality of the Work is in
accordance \lith the Contr:lct Documents, and the Contractur is entitled 10 paYlOO11 of the
AMDUNTCERTIFIFD.
AMOUNT CERTlRED .............._...__......._........_......._.._.............._.... S
IAtrach f,tp(anatillll if amOlmt cenijied differs from /ht amount applied. [nitia[ all figllres on this
Appliralioll and on t(ll ContinUll/ion Sheettlwr 11Ft changed to cOIyonl/ with the amo/lnt certijied.J
ARCHITECT:
By; Dale:
This Certificate is nol negoiiable. The AMOUNT CERTIFIED is payable only to the COlllr.lCtor
named herein.lslUanre, payment and accepl.1llt"e of payment are I\ithout pltjudice to any rights of
the Owner or COn1TaClor under this Contract
i
~ DocumenIG7021ll-1992. CoPlf~hl e 1953, 1953. 1565, 1971, 1978.1983 W 19921rt The ~ Ir6lmteof AItliIects. All rights res!lVed. WARNlflG: This A1A~ Decument is protected by US. Copyrigh! law
al1d International TreJlles. Unau'.hori!ed reproduction cr dislribulion or this AtAt OOCWllCnt, c;r any portion of i~ m:I\' resullln Stvere civU and Cllminal penal1~, and will be prosecuted 10 U',e maximum ellenl
ppsslble urnler Ihe law. PIlthaSeB are pelllIlled ~ r~cdu!:e ten lID) ropies 0/ H1is doaJnenl ~ren com~eled. To repJl1 ~hl idalions or AlA Contract Documenls. e-mal The Arnaiccn InsfllJte 01 A:tiilecls'lega
cOunsel, CDp)Tight@aia.org.
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CONTINUATION SHEET
AIA DOCCMENT Gi03 (Inst.1lctions on rererse side)
P.\GE Or PAGES
.m Doru:ncnr G702, APPliCATION .~ND CERTIFICATE FOR PAYMEt\i,
containing COnll1cror's signed Ccrtiiiation, is anached.
In l2bulations beIQ\1,; 2IliOUlUS 2IC Statcd to the nearest doIlat
Ese Column! on Com12C!S "here \..iable rel2in2ge for line j~111S mar apply.
APPLICATION 1\0.:
APPLICATION DATE:
PERIOD TO:
ARCHITECTS PROJECT NO.:
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.~ B I c D E I F I G I H I I
WOPJ: CO~!PLETED )L.\TEiUALS TOtu B.-tHt\CE
PREs;;'mY CmlPlt"TID REl\lXAGE
SCHEDULED ~, TO
lTEM FROM PRn101:S STORm .o\.'XD STORED ID (IF V.\RHBLEI
DESCR!PTIO~ OF WORK VAWE (G .;. CJ Fl\1SH
KO. APPlIG.!Jl0N TIilS PERIOD (XOT lX 10 DATE R.m) .
(D TEJ DORE) (D;-E+F1 I Ie-G)
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.~'v~\n. ;\~, mHlNGTOIi, DC.l~5292' WARHIIIG: Unficmd pI1o~ I'iolates us, copyr91IliMs and will Slbjeet lheWJlal:lr ID legal ~
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G703.1992
Immokal~" .J. .lVU..,U16 '-L ... uUJ.UJ ",,",w" 't' ."''''..,
CAunot{: You should use an ori~nal AlA document which has this caution printed In red. An original aSSlJres that change. will net be obscured as may oceur when documents are !!produced,
Energy Efficiency Upgrades
2010-HOMEHMIO-03
Page 23 of 29
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No additional HOME requirements for this agreement
Immokalee fIousing & Family Services
Energy Efficiency Upgrades
2010-HOME HMIO-03
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End of Exhibit C
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6/14/2011 Item 16.0.2.
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6/14/2011 Item 16.0.2.
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.
lmmokalee Housing & Family Services
Energy Efficiency Upgrades
2010-HOME HMlO-03
Page 25 of29
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6/14/2011 Item 16.0.2.
Exhibit D, Continued
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(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.
OPERA TIONIMANAGEMENT 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
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Immokalee Housing & Family Services
Energy Efficiency Upgrades
2010-HOME HMIO-03
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Page 26 of29
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6/14/2011 Item 16.0.2.
"ATTACHMENT E"
HOME MONTHLY PROGRESS REPORT
Completeformfor past month and submit to Housing & Human Services staffby tlte 1f111 oftltefollowing
mOlltlt.
Status Report for Month of
Submittal Date:
Project Name
Energy Efficiencv Upgrades
Project Number
HMIO-03
Activity Number
DEVELOPER/SPONSOR:
lmmokalee Housing & Family Services
Contact Person Jim DeCuzzi. Executive Director
Telephone:
239-657-8333
Fax:
239-657-8335
E-mail:
J decuzzila),ihfs. org
1. Activity StatuslMilestones (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.
Exhibit E, Continued
Immokalee Housing & Family Services
Energy Efficiency Upgrades
20 1 O-HOME HMlO-03
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6/14/2011 Item 16.0.2.
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6. New ~ontracts executed this month (if applicable):
N$e of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ill
Number
Race
(see definitions on
following page)
Ethnicity
(see definitions on
following page)
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
montl:1s. You may provide data by either households or persons served. However, if one person
recei~ed TWO services this counts as TWO SERVICE UNITS:
6.
TOTAL BENEFICIARIES
This proj~ct benefits households or persons. Please circle one category (either
"househo~ds" 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
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current Median Family Income (MFI). Enter this number in box "2. "
Of the ho~seholds or persons assisted, are very low-income (31-50%) of the current
Median ~amily Income (MFI). Enter this number in box "3."
Of these households or persons assisted, are low-income (51-80%) of the current Median
Family lIicome (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 proj~t assisted
number ih box "5" below.
Female Head of Households REGARDLESS of income. Enter this
BOX I BOX 2 BOX 3 BOX 4 BOX 5
Tolal Number of Extremely Very Low Income Female Head of
Households or Persons Low Income Low Income (5 I -80%) Household
AsSisted (0-30%) (31-50%)
DEVELOPER must indicate total beneficiaries for Race AND Ethnicity
Immokale~ Housing & Family Services
Energy Effi.ciency Upgrades
2010-HOME HM10-03
Page 28 of29
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6/14/2011 Item 16.0.2.
Exhibit E, Continued
Definitions of Race:
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 ofthe 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:
1. 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 Ethnicitv Beneficiaries
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
~~L<gY~.3~~~".~.:.: ; His
TOTAL:
"::~ :".;~~~~~::.:,:
End of Exhibit E
Immokalee Housing & Family Services
Energy Efficiency Upgrades
2010-HOME HM10-03
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