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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-