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Agenda 06/14/2011 Item #16D2 . . . ..q~ J, i;iIi; 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 Packet Page -1498- . . . 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~ Packet Page -1499- 1~~'jl ,~~~ . .'~:>l<.:.' ~ ;;;{tlN.r "0 i ' ~ ' " ,..., t , ':..n." ,I ~=I ~..'<;'':':;;'~~.Jr.'''~ . . . 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 Packet Page -1500- 6/14/2011 Item 16.D.2. .' "'-'J r t, , ", "<~' " r ~'~'i ,;' '1' , ;" Ii! "' 6/14/2011 Item 16.0.2. . 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 . 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 Page 1 of 29 Packet Page -1501- I ~) , i (11) , ! (Cl) , (H) I (I) I (J~ ~) 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. . j II. S<L:OPE OF SERVICES I i 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 , 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). . , IV. CONSIDERATION AND LIMITATION OF COSTS , I 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 1 Immokalee fIousing & Family Services I. Energy Effi~lency Upgrades 2010-HOME HMIO-03 I I Page 2 of 29 Packet Page -1502- . . . 6/14/2011 Item 16.D.2. 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. lmmokalee Housing & Family Services Energy Efficiency Upgrades 2010..HOME HMIO..03 Page 3 of 29 Packet Page -1503- 5. 6. 7. 8. 9. 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. . 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. 10; Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5). 1 lL I Uniform. Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12l I i 1 ! 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)). . 13l i Executive Order 11914 - Prohibits discrimination with respect to the handieapped in federally assisted proj ects. 14l I 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. 15r Public Law 100-430 - the Fair Housing Amendments Act of 1988. 1~. OMB Circular A-133 - concerning annual audits. , , 11:. OMB Circular A-122 - which identifies cost principles. 18:. I i 24 CFR 84 - Uniform. Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. i 19,. 24 CFR 85- Uniform. Administrative Requirements for Grants and Agreements to State and Local Governments. . lmmokalee f.ousing & Family Services Energy Effipiency Upgrades 2010-HO~ HMIO..03 I Page 4 of29 Packet Page -1504- . . . 6/14/2011 Item 16.0.2. 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. Immokalee Housing & Family Services Energy Efficiency Upgrades 2010-HOME HMIO-03 Page 5 of 29 Packet Page -1505- 6/14/2011 Item 16.0.2. . i D.i SUBCONTRACTS ! i 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." , i 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. I 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 I i 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 I 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 i ! 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 Energy Effi~iency Upgrades 2010-HOMp HMIO..03 Page 6 of 29 Packet Page -1506- . . . 6/14/2011 Item 16.0.2. 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. ImmokaIee Housing & Family Services Energy Efficiency Upgrades 2010-HOME HMIO-03 Page 7 of 29 Packet Page -1507- 6/14/2011 Item 16.0.2. J. DEVELOPER LIABILITY OBLIGATION . 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. I K.! INDEPENDENT AGENT AND EMPLOYEES I 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. I VII. AJ!>MINISTRATIVE REQUIREMENTS I I A.' FINANCIAL MANAGEMENT ! 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. i I lmmokalee Housing & Family Services Energy Effi~iency Upgrades 2010-HO~ HMIO-03 . Page 8 of 29 Packet Page -1508- . . . 6/14/2011 Item 16.0.2. 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. lmmokalee Housing & Family Services Energy Efficiency Upgrades 2010-HOME HMIO-03 Page 9 of29 Packet Page -1509- 6/14/2011 Item 16.0.2. . 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 , 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 ! 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. . ImmokaJee Housing & Family Services Energy Efficiency Upgrades 20IO-HOMf; HMIO-03 I I i ; Page 10 of29 Packet Page -1510- . . . 6/14/2011 Item 16.0.2. 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. lmmokalee Housing & Family Services Energy Efficiency Upgrades 2010-HOME HMIO..03 Page 11 of29 Packet Page -1511- 6/14/2011 Item 16.0.2. , I I 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. i 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. ! . B< r I 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 . I Immokalee ~ousing & Family Services Energy Effibiency Upgrades 2010-HOME HMIO-03 I i I Page 12 of29 Packet Page -1512- . . . 6/14/2011 Item 16.0.2. 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 lmmokalee Housing & Family Services Energy Efficiency Upgrades 2010-HOME HMIO-03 Page 13 of29 Packet Page -1513- 6/14/2011 Item 16.D.2. 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: I 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. i 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. I DJ HISTORIC PRESERVATION I 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 i 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). i Immokalee ~ousing & Family Services Energy Effi~iency Upgrades 2010-HOME HMIO-03 , ! Page 14 of29 Packet Page -1514- . . . 6/14/2011 Item 16.D.2. 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. Imrnokalee Housing & Family Services Energy Efficiency Upgrades 20IO-HOME HMlO..03 Page 15 of29 Packet Page -1515- 6/14/2011 Item 16.0.2. . I , 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_.. I ATrEsT: ~gbt B. Brock, Clctk of Courts By: D8ted: (SEAL) i Approved as to form and I. sufficiency: ! ~I~~~ 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 Page 16 of29 . . . 6/14/2011 Item 16.0.2. 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. lrnmokalee Housing & Family Services Energy Efficiency Upgrades 20 1 O-HOME HMI0-03 Page 17 of29 Packet Page -1517- 6/14/2011 Item 16.0.2. 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. I I 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. I i !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" i Immokalee ~ousing & Family Services Energy Effiqiency Upgrades 2010-HOMEHMIO-03 i I . Page 18 of29 Packet Page -1518- 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 . . 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 lmmokalee Housing & Family Services Energy Efficiency Upgrades 20IO-HOME HM10-03 Page 19 of29 Packet Page -1519- 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 I 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 I 30. 2~41 Cambridge Court 31. 27145 Cambridge Court 32. 2149 Cambridge Court 33. 2~53 Cambridge Court 34. 2~57 Cambridge Court ! I ! i Immoka1ee !Housing & Family Services Energy E~ciency Upgrades 2010-HOMf HMIO-03 Timber Ridge Rental Unit Addresses Page 20 of29 Packet Page -1520- 6/14/2011 Item 16.0.2. . . . . 6/14/2011 Item 16.0.2. _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. ' . nergy 20 1 O-HOME HMlO-03 Packet Page -1521- ;~ 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 . i ! 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. . 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. i ImmokaleeiHousing & Family Services Energy E~ciency Upgrades 2010-HOME HM10-03 Packet Page -1522- Page 22 of29 6/14/2011 Item 16.0.2. . 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.: . .~ 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) I I I I I 1 i I : I , I I I i ! I I I I I I i I i I I I ! I I I i I I . I~ AlA DOCUIIEIlT G1D3 · CO~ThlliJ.!O:i SHEU fO! ~z . 1m romo~ . Jol,l . ~!m . tiE .'-\ERlC,," lNSImTE Of .1~llG-mm. !'35 3!'r YOR.\ .~'v~\n. ;\~, mHlNGTOIi, DC.l~5292' WARHIIIG: Unficmd pI1o~ I'iolates us, copyr91IliMs and will Slbjeet lheWJlal:lr ID legal ~ , .: -*'~ - 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 Packet Page -1523- No additional HOME requirements for this agreement Immokalee fIousing & Family Services Energy Efficiency Upgrades 2010-HOME HMIO-03 ! i End of Exhibit C Page 24 of 29 Packet Page -1524- 6/14/2011 Item 16.0.2. . . . . 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 Packet Page -1525- 6/14/2011 Item 16.0.2. 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. 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 i Immokalee Housing & Family Services Energy Efficiency Upgrades 2010-HOME HMIO-03 , Page 26 of29 Packet Page -1526- . . . 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 Page 27 of29 Packet Page -1527- 6/14/2011 Item 16.0.2. . 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 I 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 Packet Page -1528- . . . 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 Page 29 of 29 Packet Page -1529-