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Agenda 06/14/2011 Item #16D3 . . . 6/14/2011 Item 16.D.3. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a U.S. Housing and UrooD,i Development Community Development Block Grant Agreement providing funds to David Lawrence Mental Health Center, Inc., d/b/a David Lawrence Center for $397,375 to provide energy improvements at three (3) of its sites within Collier County ,k :'~~"6~ OBJECTIVE: Recommendation to approve and authorize the Chairman to sign a U.S. HotIlSntl+ and Urban Development (BUD) Community Development Block Grant (CDBG) Agreenl~ providing funds to David Lawrence Mental Health Center, Inc., d/b/a David Lawrence Cenm (DLC) for $397,375 to provide energy improvements at three (3) of its sites within Collier. CONSIDERATIONS: On April 28, 2009 the Board of County Commissioners (Board) ado, Resolution No. 2009-116 approving the submission of the One-Year Action Plan for FY 200g:"~1. 2010 to HUD. This Action Plan provided a summary of the projects to be funded between July 1, 2009 and June 30, 2010. On April 27, 2010 the Board adopted Resolution No. 2010-85 approving the submission of the One-Year Action Plan for FY 2010.2011 to HUn. This Action Plan provided a summary of the projects to be funded between July 1, 2010 and June 30, 2011. Due to unforeseen circumstances three (3) combined projects within the two Action Plans mentioned above could not move forward. - The Housing, Human and Veteran Services Department (HHVS) identified a total of $250,000 from FY2009-2010 and $147,375 from FY2010-2011 for a total of "$397,375 to be reprogrammed. On Febmary 17,2011 Housing, Human & Veteran Services (HHVS) began the process of amending the affected Action Plans and reprogramming the above mentioned funds, there were fourteen (14) proposals submitted. David Lawrence Center (DLC) was selected to be granted the funds being reprogrammed for the replacement and installation of hurricane proof windows, as well as new roofing and tiles for (3) three sites that are owned and operated by DLC in order to lower energy consumption and reduce greenhouse gas emissions. FISCAL IMP ACT: Approval of this agreement will provide a HUD grant in the amount of $397,375 to DLC for the installation of energy efficient windows and roofs. Expenditures for this project have already been budgeted in Grant Fund (121) for FY 2009-2010 and Grant Fund (705). No general funds are being utilized in this HUD project. GROWTH MANAGEMENT IMPACT: This grant will meet the goals and objectives of the Housing Element of the County's GrO\vth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires a majority vote. - JBW. RECOMMENDATION: Recommendation to approve and authorize the Chairman to sign a u.s. Housing and Urban Development Community Development Block Grant Agreement providing Packet Page -1530- . . . 6/14/2011 Item 16.0.3. funds to David Lawrence Mental Health Center, Inc. , d/b/a David Lawrence Center for $397,375 to provide energy improvements at three (3) of its sites within Collier. Prepared by: Sandra Marrero, Grants Coordinator Housing, Human and Veteran Services Department Packet Page -1531- -I~."~ - ,):~.~,-. ' d~li" ~ , ~" ": OJ J 1'Ir" . . . COLLIER COUNTY Board of County Commissioners 6/14/2011 Item 16.D.3. Item Number: 16.0.3. Item Summary: Recommendation to approve and authorize the Chairman to sign a U.S. Housing and Urban Development Community Development Block Grant Agreement providIng funds to David Lawrence Mental Health Center, Inc., d/b/a David Lawrence Center for $397,375 to provide energy improvements at three (3) of its sites within Collier County MeetIng Date: 6/14/2011 Prepared By Name: MarreroSandra Title: Grants Coordinator,Housing, Human & Veteran Services 5/12/2011 4:42:52 PM Submitted by Title: Grants Coordinator,Housing, Human & Veteran Services Name: MarreroSandra 5/12/2011 4:42:53 PM Approved By Name: CastorenaMargo Date: 5/13/2011 11 :32:53 AM Name: KrumbineMarcy Title: Director - Housing & Human Services,Housing, Human & Veteran Services Date: 5/16/20111:25:35 PM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 5/23/20113:19:18PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 5/23/2011 3:28:38 PM Packetpage-1532- 9 . . . Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 5/24/2011 9:50:00 AM Name: RamseyMarla Title: Administrator, Public Services Date: 6/1/2011 8:56:02 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/1/2011 3:39:30 PM Name: PryorCheryl Title: Management! Budget Analyst, Senior, Office of Management & Budget Date: 6/6/2011 9: 10:06 AM Name: OchsLeo Title: County Manager Date: 6/6/2011 11 :02:02 AM Packet Page -1533- 6/14/2011 Item 16.0.3. . . . 6/14/2011 Item 16.0.3. AGREEMENT BETWEEN COLLIER COUNTY AND David Lawrence Center, Inc. Energy Efficiency-Going Green Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-09-UC-12-00l6 HUD Grant # B-I0-UC-12-00l6 TillS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and "David Lawrence Center, Inc.," a private not-for- profit corporation existing under the laws of the State of Florida, having its principal office at 6075 Bathey Lane Naples, FL 34116, and its Federal Tax Identification number as 59-2206025 & #096580782, ("SUBRECIPIENT"). WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities which are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One-Year Action Plan for Federal Fiscal Year 2009-2010 for the CDBG Program with Resolution 2009-116 on April 28, 2009 and approved the Consolidated Plan- One-Year Action Plan for Federal Fiscal year 2010-2011 for the CDBG Program with Resolution 2010-85 on April 27, 2010; and WHEREAS, Resolution 08-121 was developed following the Collier County Consolidated Plan- Citizen Participation Plan, adopted on January 9,2001 with Resolution 01-02; and WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2009-2010 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan, and HUD has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2010-2011 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit A of this Agreement, in accord with the approved Consolidated Plan; and David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDIO-I2 Page 1 of33 Packet Page -1534- 6/14/2011 Item 16.0.3. WIq:REAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBG Program as a valid and worthwhile County purpose. 1 . NO~, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by,the Parties as follows: ! I. ! DEFINITIONS (A) i (B) (C) CD) : (E) (F) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). "CDBG" means the Community Development Block Grant Program. "IffiVS" means Housing, Human & Veteran Services. "IffiVS's Approval" means the written approval of the Department of Housing and Human Services or designee. "SUBRECIPIENT" means David Lawrence Center. Inc. (DLC) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the defInition set by HUD. "Project" means the work to be performed as set forth in Exhibit "A." (G) : (H) i I I SCOPE OF SERVICES ll. The i SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by IffiVS, perform the ~asks necessary to conduct the program outlined in Exhibit "A." ill. TIME OF PERFORMANCE . The .effective date of the Agreement between DLC and Collier County shall be June 14, 2011. The service$ of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. i 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 cOl!npleted by the SUBRECIPIENT prior to April 15, 2012. Any funds not obligated by the I expiration d,ate of this Agreement shall automatically revert to the COUNTY. I IV. CO~SmERATION AND LIMITATION OF COSTS The i SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, detertnined by COUNTY, in an amount not to exceed lbree Hundred Ninety Seven Thousand lbree Hundred Seventy Five Dollars and 00/100($397,375.00) for the services described in Exhibit "A." All improvements specifIed in Exhibit "A" shall be performed by SUB RECIPIENT employees, or shall be pu,t out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored ~y HHVS, which shall have access to all records and documents related to the project. . David Lawrence Center, Inc. Energy EfficieIJcy-Going Green 2010 CDBGC?10-12 Page 2 of 33 Packet Page -1535- 6/14/2011 Item 16.0.3. . The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by llliVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with ~ 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112-5361, and to the SUB RECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures memoranda. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty-five . (45) days of said official notification. B. DEBARMENT The SUB RECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders ofthe State, local and Federal governments, including, but not limited to: 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG) funds. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI ofthe 1984 Civil Rights Act, 42 USC ~ 2000d, et. seq. . David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-I2 Page 3 of33 Packet Page -1536- ...., 6/14/2011 Item 16.0.3. 4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. . 5. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 6. Title vn 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 135.1 1 (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. 16.0MB Circular A-133 - concerning annual audits. 17.0MB 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. David Lawrence Center, Inc. Energy Efficie~cy-Going Green 2010 CDBG CDIO-12 . Page 4 of33 Packet Page -1537- . . . 6/14/2011 Item 16.0.3. 20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 21. Chapter 112, Florida Statutes. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, ifany, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal . or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under ~ 44.102, Fla. Stat. David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 Page 5 of33 Packet Page -1538- 6/14/2011 Item 16.0.3. D. SUBCONTRACTS Any i work or services subcontracted by the SUB RECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." . This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier Cmmty Purchasing Department, Florida Statutes and HUD. ReiIhbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHVS qr its designee. E. i ~ND11ENTS This! Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments; between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION . To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Cbllier County, its officers and employees from any and all liabilities, damages, losses and costs, inclu4ing, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligehce, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed pr utilized by the SUBRECIPIENT in the performance of this Agreement. Ibis indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which othetwise 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 SUBRECIPIENT will include a reference to the financial support herein provided by HHVS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement.! The SUBRECIPIENT will mount a temporary construction sign for projects funded by i David Lawrence Center, Inc. Energy Efficierjcy-Going Green 2010 CDBG d:n0-12 i i . Page 6 of33 Packet Page -1539- . . . 6/14/2011 Item 16.0.3. 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 SUBRECIPIENT with funds under this Agreement shall be returned to IllIVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set- off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 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 SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. 1. INSURANCE SUBRECIPIENT 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 "B" to this Agreement. David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 Page 7 of33 Packet Page -1540- 6/14/2011 Item 16.0.3. J. ! SUBRECIPIENT LIABILITY OBLIGATION i . Compliance with the insurance requirements in Exhibit B shall not relieve the SUBRECIPIENT of its liability ~d obligation under this subsection or under any subsection of this contract. The contract is contingent ~pon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Conunissioners' approval. If the Insurance certificate is received within the specified period, but not in the rnfmner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County . If th~ SUB RECIPIENT 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, th~ SUB RECIPIENT shall be in default of the terms and conditions of the contract. K. : INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Col~ier 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. Vll. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT . The . SUBRECIPIENT agrees to comply with OMB Circular A-II 0 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non- Profit Orgairizations) 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 1. The SUBRECIPIENT shall maintain all records required by CDBG. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or 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. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, W13E/MBE, Equal Opportunity Employment, and BUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). David Lawren~ Center, Inc. Energy Efficierlcy-Going Green 2010 CDBG CDlO-12 . . . 6/14/2011 Item 16.0.3. 4. The SUBRECIPIENT shall submit detailed monthly progress reports to HHVS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "D," Schedule "D-2." 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 6. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the. COUNTY. 7. Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHVS shall be the fmal arbiter on the SUBRECIPIENT'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. The SUBRECIPIENT agrees that HHVS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or BUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HOD to monitor the SUB RECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 Page 9 of33 Packet Page -1542- 6/14/2011 Item 16.0.3. D. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY. AND BUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. I E. WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of$l,OOO or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by CDBG); (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A"; and (6) All rates of pay and pay increases paid out of CD BG funds, whether for merit or cost of living. F. ! PURCHASING I I 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 . ManagemeD:~ Circulars A-II0, A-122, 24 CFR Part 84, and 24 CFR Part 85. 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-B3. 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., fmancial 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 federaIlaws and regulations governing the program in which they participate. 3. When the requirements ofOMB A-B3 apply, or when the SUBRECIPIENT elects to comply with OMB A-B3, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the i David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDI0-12 . Page 10 of33 Packet Page -1543- . . . 6/14/2011 Item 16.0.3. SUBRECIPIENT. A copy of the audit report must be received by HHVS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-133 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPlENT'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 ofOMB 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 SUB RECIPIENT 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 SUB RECIPIENT shall include in all HHVS approved subcontracts each of the record-keeping and audit requirements detailed in this contract. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HHVS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HHVS, and said plan shall require the prior written approval of HHVS or its designee. Accounting and disbursement of such income shall comply with OMB Circular A- 110 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. Program Income, as defined by 24 CFR 570.500(a), may be retained by the COUNTY. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income received by the SUBRECIPIENT or its sub-contractors shall be returned to the COUNTY unless the SUB RECIPIENT requests and is authorized by HHVS to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making 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. David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 Page 11 of33 Packet Page -1544- 6/14/2011 Item 16.0.3. VIII. OTHER PROGRAM REQUIREMENTS . A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The ~UBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimiriation under any activity carried out by the performance of this Agreement on the basis of race, color, disability, natiomil origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTIJNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier Co~ty in the Annual Consolidated Plan approved by HUD. , c. : PROGRAM B~NEFICIARIES At ldast fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low~ and moderate- income persons. If the project is located in an entitlement city, as defined by BUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defmed a1;Jove for the time period designated in Exhibit "A" of this Agreement. D. ' CONFLICT OF INTEREST The . SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas pr any parcels therein, which would conflict in any manner or degree with the performance of this AgreelIl;ent and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project targ~t area . David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG COlO-12 Page 12 of33 Packet Page -1545- . . . 6/14/2011 Item 16.0.3. E. PUBLIC ENTITY CRIMES As provided in g 287.133,F1a. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUB RECIPIENT 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 g 287.133 (3)(a), Fla. Stat. F. DRUG-FREE WORKPLACE REOUIREMENTS The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). G. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 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, sub- grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. H. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 Page 13 of33 Packet Page -1546- 6/14/2011 Item 16.0.3. within the SOBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. . IX. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT agrees to comply with the following requirements: 1. Clean Air Act, 41 USC 7401, et seq. 2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. : If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. ; LEAD-BASED P AINf The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance p~ovided under this contract shall be subject to BUD Lead-Based Paint Poisoning Prevention Act found at 24 CFR 570.608. D. mSTORIC PRESERVATION The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National 'Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 8qO, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties. ' i x. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizationS. Section 24 CFR 570.2006) specifies the limitations on CDBG funds. XI. REVERSION OF ASSETS , Upon. expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and ~y non-expendable personal property that was purchased with CDBG funds. Any real property un~er SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(B)(8). David LawrenceiCenter, Inc. Energy Efficiendy-Going Green 2010 CDBG CD~0-12 Page 14 of33 . . . 6/14/2011 Item 16.0.3. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of thirty-three (33) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and 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. David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 Page 15 of33 Packet Poage -1548- 6/14/2011 Item 16.0.3. IN WITNESS WHEREOF. the Subrecipient and the County, have each, respectively, by an authorized . person or ~gent, hereunder set their hands and seals on this day of , 20_. ATIEST: DWIGHT E. BROCK, CLERK , DEPUTY CLERK. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE. CHAIRMAN Dated: (SEAL) First Wimess David Lawrence Mental Health Center, Inc. d/b/a David Lawr.ence Center BT- t!f .ikd~~~-1/ Subrecquent 19nature i ~!.,.itnesS : 7JPd-- Pit M ~ 1- ~- J": 3!\ ~€l2.. Type/print witness name Dave Schimmel CEO Type/print Subrecipient name and title Approved as to form and legal sufficiency: ~-"6~~ Jennifer . White Assistant County Attorney David Lawrenqc Center, Inc. Energy Efficicncy-Going Green 2010 COBG Ci>1Q-12 I Page 16 of33 Packet Page -1549- . . . 6/14/2011 Item 16.0.3. EXmBIT "A" SCOPE OF SERVICES DAVID LAWRENCE CENTER ENERGY EFFICIENCY-GOING GREEN A. PROJECT SCOPE The Housing, Human & Veteran Services Department (HHVS) is reprogramming unexpended Community Development Block Grant (CDBG) funds from fiscal year(s) 2009-2010 and 2010-2011. A public notice was made in accordance with the Consolidated Plan and no comments were received. In the advertisement, the public was made aware that the reprogrammed funds from these Action Plans were going to be utilized for energy efficiency upgrades in multi-family rental units, and energy efficiency upgrades in public facilities that serve low and moderate income citizens. CDBG funding will be used for the replacement and installation of hurricane proof windows, as well as new roofing and tiles for (3) three sites owned and operated by David Lawrence Center (DLC) in order to lower energy consumption and reduce greenhouse gas emissions. HHVS will accomplish the intended goal of the Substantial Amendments to the two Action Plans referred to above, by granting DLC, which qualifies as a public facility, funds towards the replacement and installation of energy efficient hurricane proof windows, to six (6) buildings, located at three (3) DLC sites, and the replacement and installation of Energy Efficient roofing to three (3) buildings at two (2) DLC sites as summarized in the below charts. All sites are located within Collier County. The replacement and installation of energy efficient hurricane proof windows_will occur on six (6) buildings that are located at the following three (3) DLC sites: BUILDING S SITE ADDRESS -Building A -Building B Southern Portion Only -Building C -Buildin D Parts 1 and 2 -Stand Alone Buildin -Stand Alone Buildin 6075 Bathey Lane, Naples 2806 Horseshoe Drive South, Na les 425 North 1st Street, Immokalee The grant funding will cover all costs associated with the replacement and installation of the windows, including, but not limited to, architectural sealed drawings, permits, inspections, materials, and labor. The replacement and installation of Energy Efficient roofing will occur on the following three (3) buildings located at two (2) DLC sites: BUILDING (S SITE ADDRESS 6075 Bathey Lane, Naples -Building A -Buildin C -Stand Alone Buildin 425 North 1 st Street, Immokalee David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 Page 17 of33 Packet Page -1550- 6/14/2011 Item 16.0.3. The grant funding will cover all costs associated with the replacement and installation of the roofing, includin~, but not limited to, architectural sealed drawings, permits, inspections, materials, and labor. This graP.t is paying for all costs associated with the installation of roofing and tiles, and hurricane proofwiodows that meet ENERGY STAR reflectivity thresholds. The detailed project scope will be contained in the bid specifications of the vendor awarded the project's' construction contract. The project construction contract will include details sufficient to documeI)t the number, amount, and costs associated with all activities. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to rehabilitate and improve public facilities. . B. BUDGET Collier County Housing, Human and Veteran Services is providing Three Hundred Ninety Seven Thousano Three Hundred Seventy Five Dollars and 00/100 ($397.375.00) in CDBG funding for the project spope described above. Line Item Description Installation and replacement of energy efficient hurricane proof windows and energy efficient roofs TOTAL CDBG Funds $ 397,375.00 $397,375.00 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. 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 06/14/2011 08/2011 02/16/2012 Date End 08/2011 02/15/2012 04/15/2012 Work Plan Procurement, Contract Selection, Permitting. Installation and Re lacement of Windows and Roofina-. Com lete final ins ections, submittal of final reimbursement. David Lawrencd Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 Page 18 of33 . . . D. PAYMENT SCHEDULE 6/14/2011 Item 16.0.3. The following table details the project deliverables and payment schedule. Deliverable Installation and Replacement of windows and roofing. Installation and Replacement of windows and roofIng. David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDI0-12 Pa ment 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 provided as back u. Final 10% ($39,738.00) released upon Certificate of Completion and fmal waiver of lien. Page 19 of33 Packet Page -1552- 6/14/2011 Item 16.0.3. EXHIBIT "A-I" CHANGE BY LETTER . , ~ .COLLIER COUNTY GOVERNMENT Housing, Huntan & Veteran Services User Name Public Services Division Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # Date FAX (239) Fax # Contact Name. Name of Finn Address RE: Zero l>ollar Contract Change Notification Re: Contract # and Title of Contract Proje'ct # Purchase Order # Dear Contact Name: By copy ofthi~ letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: r The abov~ referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on or before month and date, Year. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract r Additionat Staffing Categories Professional Position(s) Hourly Rate(s) r Draw aga~nst Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications as indentified in Schedule B-1, "Clarifications in Scope", (attached). Sincerely, Your name Title cc: Contiact Specialist Name Contract Specialist, Purchasing Department SuzaJ;lIle Boothby, Clerk's Grants Department , David Lawrenc~ Center, Inc. Energy Efficiency-Going Green 2010 CDBG ClDIO-12 . Page 20 of33 Packet Page -1553- . . . 6/14/2011 Item 16.0.3. EXIllBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human & Veteran Services, 3301 E Tamiami Trail Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. 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. 3. 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: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUB RECIPIENT or any person employed by the SUB RECIPIENT 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 I - 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 Page 21 of33 Packet Page -1554- 6/14/2011 Item 16.0.3. ; OPERATIONIMANAGEMENT PHASE (IF APPLICABLE) . After the Construction Phase is completed and occupancy begins, the following insurance must be kept in forc~ throughout the duration of the loan and/or Contract: 7. ; Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect ,to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to ~s coverage A.T.I.M.A. 9. . Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. : David Lawrence Center, Inc. Energy Efficien~y-Going Green 2010 CDBG CPlO-12 Page 22 of33 . . . EXHIBIT "C" ADDITIONAL CDBG GRANT REQUIREMENTS AlA Document G702 Attached below. David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 Page 23 of33 packetpage-1556- 6/14/2011 Item 16.0.3. 6/14/2011 Item 16.0.3. . AlA Document G702~ - 1992 Instructions . Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AlA Docum~nt G702, Application and Cenificate for Payment, is to be used in conjunction with 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 AlA Document A201. General Conditions of the Contract for Construction. Use of Current Documents Prior to using any AlA Contract Document. users should consult www.aia.org or a local AlA component to verify the most recent edition. Reproductions This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AlA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any funher 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 panicular project. The AlA will not pennit reproduction outside of the limited license for reproduction granted above. except upon written request and receipt of wTiuen 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 repon copyright violations of AlA Contrd.ct 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 Cenificate for Payment. The Contrac~or should sign G702, have it notarized. and submit it. together with G703. to the Architect. The Architec;t should review G702 and G703 and. if they are acceptable. complete the Architect's Cenificate 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 to conform to the amount cenified 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 G702. Application and Cenificate 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 pF THE DOCUMENT Persons executing the document should indicate the capacity in which they are acting (i.e., president., secretary. panner. 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 ~e tirm or entity should be attached. AlA Document !0702111-1992.Copyright@ 1953, 1963. 1955. 1971. 1978. 1983 and 1992 by The American Inslilute of Architects. All rlllhb reserved. WARNING: ThIs AlA" Document Is protected by U.S. Copyright Law and Intemallonal Treaties. Unauthorized reproduction or distribution Of thlll AlA" Document, or any portion of It, may resultlri severe civil and crimInal panaltlas, and will be prosecuted to the maximum extent poaalble unclar tha law. Purchssars are parmltted to reproduce tan (1 OJ copies of this document when compleled. To report copyright violations of AlA Contract Documents, e-mail The American Inst1tule of Archttects' legal counsel, D. copyright@aiaorg. Energy ct!lctency-uomg ureen 2010 CDBG CD10-12 Page 24 of33 Packet Page -1557- · =AI A~ ~i 11. Document G702m -1992 . . Application and Certincate for Payment TO OWNER: PROJECT: FROM CONTRAtTOR: VIA ARCHITECT: 6/14/2011 Item 16.0.3. APPLICATION NO: PERIOD TO: CONTRACT FOR: CONTRACT DATE: PROJECT NOS: Distribution to: aMlERO ARCHITECT 0 COOTRACTOR 0 FIElD 0 OTHER 0 CONTRACTOR'S APPLICATION FOR PAYMENT Application is rruule for pa}'IIIen~ as shown below. in connection \lith the Conmct. Continuation Sheet. MA Document 0703. is attached. 1. ORIGiNAl CONTRACT SUM ........................................................ S 2. Net change by Change Orders ................................................. S 3. CONTRACT SUM TO DATE (Line I :!: 2) .......................................... S 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) ............. $ 5. RET A1NAGE: a. _It of Completed Work (Column D + Eon G703) $ b. % of Stored Malerial (Column F on 0703) TolaI Retainage (Lin~ 5a + 5b or TOLill in Column 19f 0703]....... $ 6. TOTAl. EARNED LESS RETAlNAGE .................................... $ (Une 4 Less Une 5T otal) 1. LESS PREVIOUS CERTIFlCATES FOR PAYMENT ...................... S (Une 6 from prior CtnifiC2te) 8. CURRENT PAYMEIIT DUE .............................................\ $ 9. BAlANCE TO RNlSH, INCLUDING RETAlNAGE (Line3Ies.~ line 6) S CHANGE ORDER SUMMARY ADDmONS Total changes approved in previuus months by Owner S Total approved this Month S TOTALS S NET CHANGES hv Channe Order S DEDUcrrONS $ $ $ The under.;igned Conmcter cenifies that to the best of the ConlraClor\ knowledge. informatioo and belief the Work covered by this Application for Payment ha.~ been completed in accordance with the Conlract Documents. that all amounts have been paid by the ConlraCtor for Work for which previotls Certificates for Payment were issued and paymenls received from the Owner. and that current payment MOwn herein is now due. CONTRACTOR: By: Date: SLilleof: County of: Subscribed and sworn to before me this day of Notary Public: My Commissioo expires: ARCHITECT'S CERTIFICATE FOR PAYMENT In lICCurdance with the Contract DoCUlWlts. based on on.sile observations and the data comprising this application. the Archi~t cmifies to the Owner lhat 10 the best of the Architect's knowledge, infonnation and belief the Work has progressed as indicated. the quality of the Work is in accordance with the ConlraCt DocuDrnts. and the Cunlrictor is entilled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED .......................................................................... S tAl/aeh ex plana/ion if amounJ certifird differs from thr amounr applied.lnilial all figurtS on this Appliea/ion and an the Continl/ation Sheel that art changed In conjom, K'uh rhe amount certified.} ARCHITECT: By: Date: This Cenificate is nOl negotiable. The AMOUNT CERTIFIED iI payable only to the Contractor named herein. II_ce. pa}1nent and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract AlA Datumenl G7Q2l1 -1992. Copyr~ht 01953. 1963, 1965. 1971. 1978. 1983 and 1592 by Too Amercan ilstillile of ArchileclS. All rights resemd. WARNING: This AlA" DoC\lmenlis protected by U.S. Copyrighlliw and International Trealias. UnauthOrized reproduchon or dis~ibution of this AlA' Document. or any portion 01 iL may resull in severe civil and criminal penalties. and will be prosecuted 10 the maximum extent possible under the law. PurthaseIS ara pennlhed 10 reprocM:e len (10) copies of !hi; document when Cl)lIJpleled. To relXln copynghl violalilJ5 of AlA Contract Documents. e-mail The Ameli:an Il1S'itule 01 Architects. legal counsel, COPj1ighl@aia.oJg. Page 25 003 Packet Page -1558- David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 6/14/2011 Item 16.0.3. CONTINUATION SHEET AH DOCUMENT Gi03 (Instmctions 0:1 m-erse side) PAGE Oi PAG:S . AL~ Document G702, .l.PPLlCATlON A:\'D CERTIFICATE FOR PAYME~l, conl2ining Conll2aOr's signed Certification. is 2112ched. bll1bub.tions belo~': amounts 2l'C S12lcd 10 the new! doll2r. [se Column I on Comnc!.! where \'2riable re~ge for line ircms m2). 2ppl\'. , . APPLICATION 1\0.: APPLICATION DATE: PERIOD TO: .lJICHITECT'S PROJECT NO.: A I B C G H ITEA! I WORK COMPLETED lIJ.TERL.IJ.S T01.IJ. PRES~'iTIY COMPLETED RlJ.At\CE REnlSAGE SCHEDULED ~. TO DESCR:PTION OF WORK I FROM PREI'IOI:S S1URED ..I..~l) STORID to (IF \~l,RlABLEi 1'0. W.!U .lJlPLlC.-mO~ iHIS PERIOD ~or L, IODATE (G.;.C) Fl\15H R.ffi) I (D + E] bORE) (D.,.E+Fj (C-G) I = AIlllOClll.lEHr G703 · cO:XThllmox SHET FOt G~ · 1992 EDmO~ I .l.J.~[ I @!9P. · tiE A.V.fRIC\..'\ INSTlTl1E OF ARChlltLlS. r3; XW YORK I.~'~t. :\.'*'. F. ~GTOli. DC. 20C(l$.;19Z . YlARItIG: UnicemecI ~ violales 1lS. ClIp'fIigIlliMscrd will sW;ect1ile Yi:llmlD i!gaJ ~n. \ . ._~ ; - G703-1992 , CAUTION: ~ should use an original AlA document which has this caution printed in red. An original assures that changes wiD not beob~ured as may occur when documents are reproduced. Th David Lawrencd Center, Inc. Energy Efficien~y-Going Green 2010 CDBG CqlO-12 Page 26 of33 Packet Page -1559- . . . 6/14/2011 Item 16.0.3. ere are no additional grant requirements David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDl 0-12 Page 27 of33 Packet Page -1560- 6/14/2011 Item 16.0.3. EXHIBIT "D" REQlrnREDSUBNUTTALS . D-l Request for Payment D-la Release and Affidavit Form D-2 CDBG Monthly Progress Report David Lawren~ Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDIO-12 . Page 28 of33 Packet Page -1561- 6/14/2011 Item 16.0.3. . SCHEDULE "D-l" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: David Lawrence Center. Inc. Subrecipient Address: 6075 Bathev Lane N aples. FL 34116 Project Name: Energy Efficiency-Going Green Project No: CDIO-12 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 397,375.00 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 payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) . David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 Page 29 of33 Packet Page -1562- 6/14/2011 Item 16.0.3. SCHEDULE "D-la" . RELEASE AND AFFIDAVIT FORM , The SUBRECIPIENT certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY $ght be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. SUBRECIPIENT Witness: BY: BY: ITS: President DATE: Print name ~d title STATE OF ! I COUNTY OF , The foregoihg instrument was acknowledged before me this _ day of ,2010, by , , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commi~sion Expires: (AFFIX OFfICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: David Lawrenc~ Center, Inc. Energy Efficiency-Going Green 2010 CDBGCDlO-12 Page 30 of33 Packet Page -1563- . . . 6/14/2011 Item 16.0.3. SCHEDULE "D-2" CDBG MONTHLY PROGRESS REPORT Complete/orm/or past month and submit to Housing &Human Service's staffby the 1fjh o/the following month. Status Report for Month of Submittal Date: Project Name Energy Efficiencyt-Going Green Project Number CD10-12 Activity Number Subrecipient: David Lawrence Center. Inc. Contact Person Scott Geltemever. CFO Telephone: 239-354-01420 Fax: E-mail: Scottf?:@dlcmhc.com 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. New contracts executed this month (if applicable): David Lawrence Center, Inc. Energy Efficiency-Going Grecn 2010 CDBG CDlO-12 Page 31 of33 Packet Page -1564- 6/14/2011 Item 16.0.3. Name of Contractor or Subcontractor, Address & Phone : Number Amount of Contract Contractor Federal ill Number Race (see defmitions on following page) Ethnicity (see definitions on following page) . 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 client$ served this month. DO NOT DUPLICATE clients served in previous months. You may provide datai by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in Box "1. " INCOME Of the hous~holds or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in Box "2. " Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in Box "3. " Of these households or persons assisted, are low-income (51-80%) of the current Median Family IncOline (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 number in bOx "5" below. Female Head of Households REGARDLESS of income. Enter this BOX~ BOX 2 BOX 3 BOX 4 BOX 5 Total Numper of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80%) Household Persons Assisted (0-30%) (31-50%) David LawrenceiCenter, Inc. Energy Efficiency-Going Green 2010 CDBG CD1Q-12 Page 32 of 33 6/14/2011 Item 16.0.3. Iii ... I I.. ..... I . Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv . . Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African-American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries ~i~mjj~im~1!F1ll[~[~I!illjfim!li~~!fu~~:;~:t:~~l~i:f:,I~~i~';~~~~~:i!:i~;:i~ll;~;R8ce~~::~:.:;i; ~~.~~;;;~. 'kri~~;_<{;::d.' :;)!: :/-I~}i~~:~~~;.:f:Jt;:;;lr;~~~~;1';-j if,!j~;~;:;;:#: TOt81i;[!~-~!;j~~~;j~ ~~~i;i;;#:iHiS': ailic;t~~,~!; White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black! African American and White American Indian/Alaskan Native and Black! African American Other Multi-Racial TOTAL: ~jn~:J.i~I:;~ii;;;ijil~i~;i;tt~~)j~;~j:1~!i ,!~~:!~:1-~;1#~~~i~!!i};li~~;:}j1~~jJI: David LaVlrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDlO-12 Page 33 of33 Packet Page -1566-