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Agenda 04/10/2012 Item #16D 84/10/2012 Item 16.D.8. EXECUTIVE SUMMARY Recommendation to approve an amendment to an existing Community Development Block Grant (CDBG) Subrecipient agreement with David Lawrence Mental Health Center, Inc. (DLC) allowing for a time extension due to a need to re- procure a contractor under this agreement, and for additional administrative changes. OBJECTIVE: Provide David Lawrence Center additional time to complete an existing grant funded project. CONSIDERATIONS: The DLC has an existing agreement for an energy efficiency upgrades project. This project currently includes the installation and replacement of hurricane proof windows, roofs and tiles. Due to delays with procurement, and in order to complete the project, DLC is seeking an additional extension to January 1, 2013. DLC had previously put this project out for bid, however in order to assure clarification in the bid solicitation, they are re- bidding the project. DLC is now prepared to re -bid the project immediately after approval; therefore we are confident in the timeframe for extension dates. Extending this agreement has no effect on funding, will not negatively impact the County's HUD timeliness ratio, and is an allowable change. The proposed amendment: 1. Updates the Time of Performance in order to extend the contract to January 1, 2013; 2. Extends the Project Work Plan dates in Exhibit A; 3. Updates Grant Language for Section 3 and Federal Funding Accountability and Transparency Act; 4. Updates Language in the Scope and Project Work Plan in Exhibit A to add doors and removal and disposal of window, doors, and roofing as reimbursable expenses. FISCAL IMPACT: No general funds are associated with this CDBG Subrecipient amendment. There is no fiscal impact associated with this amendment. 2010 -2011 CDBG Funds are located in Housing Grants Fund 705, Funded Program 33088. GROWTH MANAGEMENT IMPACT: The CDBG project associated with this Subrecipient amendment will help meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. — JBW RECOMMENDATION: Recommendation to approve an amendment to the 2010 -2011 Community Development Block Grant Subrecipient Agreement with David Lawrence Mental Health Center, Inc. Prepared by: Sandra Marrero, Grants Coordinator, Housing, Human and Veteran Services Department Packet Page -1199- COLLIER COUNTY Board of County Commissioners Item Number: 16.D.8. 4/10/2012 Item 16.D.8. Item Summary: Recommendation to approve an amendment to an existing Community Development Block Grant Subrecipient agreement with David Lawrence Mental Health Center, Inc. (DLC) allowing for a time extension due to a need to re- procure a contractor under this agreement, and for additional administrative changes. Meeting Date: 4/10/2012 Prepared By Name: MarreroSandra Title: Grants Coordinator,Housing, Human & Veteran Services 2/17/2012 10:08:15 AM Submitted by Title: Grants Coordinator,Housing, Human & Veteran Services Name: MarreroSandra 2/17/2012 10:08:16 AM Approved By Name: CastorenaMargo Title: Manager - Federal/State Grants, HHVS Date: 3/15/2012 3:02:05 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 3/19/2012 10:14:30 PM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 3/20/2012 11:36:11 AM Name: AckermanMaria Title: Senior Accountant, Grants Date: 3/20/2012 4:55:08 PM Packet Page -1200- 4/10/2012 Item 16.D.8. Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 3/21/2012 8:50:24 AM Name: RamseyMarla Title: Administrator, Public Services Date: 3/22/2012 11:24:52 AM Name: AckermanMaria Title: Senior Accountant, Grants Date: 3/28/2012 3:55:32 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 3/28/2012 4:23:51 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 3/29/2012 11:20:58 AM Name: StanleyTherese Title: Management /Budget Analyst, Senior,Office of Management & Budget Date: 3/29/2012 5:57:40 PM Name: KlatzkowJeff Title: County Attorney Date: 3/30/2012 9:22:52 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/3/2012 10:21:13 AM Packet Page -1201- 4/10/2012 Item 16.D.8. MEMORANDUM Date: June 17, 2011 To: Sandra Marrero, Grants Coordinator Housing, Human & Veteran Services From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: HUD Grant Agreement awarding funds for energy upgrades at three David Lawrence Center Sites (Project No. CD10 -12) Attached is an original copy of the agreement referenced above, (Item #16D3) approved by the Board of County Commissioners on June 14, 2011. The Minutes and Records Department has held the second original agreement for the Board's Official Record. If you have any questions, please contact me at 252 -8406. Thank you. Attachment Packet Page -1202- 4/10/2012 Item 16.D.8. 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 -0016 HUD Grant # B- 10 -UC -12 -0016 THIS 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 CD10 -12 Page 1 of 33 Packet Page -1203- 4/10/2012 Item 16.D.8. WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the CDBG Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "CDBG" means the Community Development Block Grant Program. (C) "HHVS" means Housing, Human & Veteran Services. (D) "HHVS's Approval" means the written approval of the Department of Housing and Human Services or designee. (E) " SUBRECIPIENT" means David Lawrence Center. Inc (DLC) (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (G) "Low and moderate income persons" means the definition set by HUD. (H) "Project" means the work to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A." M. TIME OF PERFORMANCE The effective date of the Agreement between DLC and Collier County shall be June 14, 2011. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to 'April 15, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed Three Hundred Ninety Seven Thousand Three 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 SUBRECIPIENT employees, or shall be put 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 by HHVS, which shall have access to all records and documents related to the project. David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD10 -12 Page 2 of 33 Packet Page -1204- 4/10/2012 Item 16.D.8. 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 HHVS 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 SUBRECIPIENT 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. The SUBRECIPIENT 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 of the 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 of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq. David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD10 -12 Page 3 of 33 Packet Page -1205- 4/10/2012 Item 16.D.8. 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 VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. 7. 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 8. Age Discrimination Act of 1975. 9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis - Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 13. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 14. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 16. OMB Circular A -133 - concerning annual audits. 17. OMB Circular A -122 - which identifies cost principles. 18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations. 19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CDIO -12 Page 4 of 33 Packet Page -1206- 4/10/2012 Item 16.D.8. 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, 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 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 CD10 -12 Packet Page -1207- 4/10/2012 Item 16.D.8. D. SUBCONTRACTS Any work or services subcontracted by the SU13RECIPIENT 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 County Purchasing Department, Florida Statutes and HUD. Reimbursements 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 or its designee. E. AMENDMENTS 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 Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The 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 David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CDIO -12 Page 6 of 33 Packet Page -1208- 4/10/2012 Item 16.D.8. 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 HHVS 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. I. 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 CD10 -12 Page 7 of 33 Packet Page -1209- 4/10/2012 Item 16.D.8. J. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit B shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the 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 the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT 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 Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A —110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non - Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORDKEEPING 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 HHVS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. 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, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CDIO -12 Page 8 of 33 Packet Page -1210- 4/10/2012 Item 16.D.8. 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." 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 final 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 HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT 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 CD10 -12 Page 9 of 33 Packet Page -1211- 4/10/2012 Item 16.D.8. D. ADDITIONAL HOUSING & HUMAN SERVICES COUNTY AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. 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 $1,000 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 CDBG funds, whether for merit or cost of living. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85. 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 SUBRECIPIENT 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 David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD10 -12 Page 10 of 33 Packet Page - 1212 - 4/10/2012 Item 16.D.8. 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 SUBRECIPIENT's fiscal year or on the basis of the period during which HHVS- federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 5. The SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT 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 final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD 10 -12 Page I I of 33 Packet Page -1213- 4/10/2012 Item 16.D.8. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower - income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the 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 County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above 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 or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the 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 target area. David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD 10 -12 Packet Page -1214- 4/10/2012 Item 16.D.8 E. PUBLIC ENTITY CRIMES As provided in § 287.133, Fla. Stat. by entering into this Agreement or performing any work in AWW furtherance hereof, the SUBRECIPIENT 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 § 287.133 (3)(a), Fla. Stat. F. DRUG -FREE WORKPLACE REQUIREMENTS 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. 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 CD10 -12 Page 13 of 33 Packet Page -1215- 4/10/2012 Item 16.D.8. within the SUBRECIPIENT 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 PAINT The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608. D. HISTORIC 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 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. Section 24 CFR 570.2000) 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 any non - expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control will be covered by the regulations 24 CFR 570.503(B)(8). David Lawrence Center, Inc. Energy Efficiency-Going Green 2010 CDBG CDIO -12 Page 14 of 33 Packet Page -1216- 4/10/2012 Item 16.D.8. 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 CDIO -12 Page 15 of 33 Packet Page -1217- FM 4/10/2012 Item 16.D.8. IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this Z 'Y "�" day of n f 20_[/_. rya. 63� , ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHX, �QCK; iCWRK COLLIER COUNTY, FLORIDA By: W E FRED W. COYLE, CHAIRMAN � I r a i stwil It I 0_1�1!1 (SEAL) First Witness oC -, ` Type /print witness nameA l` witness name David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD 10 -12 David Lawrence Mental Health Center, Inc. d/b /a David Lawrence Center BY: Subrecipient Signature 7 Dave Schimmel, CEO Type /print Subrecipient name and title Approved as to form and legal sufficiency: Jennifer 'g. White Assistant County Attorney Packet Page -1218- 4/10/2012 Item 16.D.8. EXHIBIT "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: BUILDINGS SITE ADDRESS - Building A 6075 Bathey Lane, Naples - Building B Southern Portion Only 6075 Bathey Lane, Naples - Building C -Building D Parts 1 and 2 -Stand Alone Building 2806 Horseshoe Drive South, Naples -Stand Alone Building 425 North 1" 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: BUILDINGS SITE ADDRESS - Building A -Building C 6075 Bathey Lane, Naples -Stand Alone Building 425 North 1 S Street, Immokalee David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD10 -12 Page 17 of 33 Packet Page -1219- 4/10/2012 Item 16.D.8. The grant funding will cover all costs associated with the replacement and installation of the roofing, including, but not limited to, architectural sealed drawings, permits, inspections, materials, and labor. This grant is paying for all costs associated with the installation of roofing and tiles, and hurricane proof windows 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 document 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 Ninetv Seven Thousand Three Hundred Seve= Five Dollars and 00 /100 397 375.00 in CDBG funding for the project scope described above. Line Item Description CDBG Funds Installation and replacement of energy efficient hurricane proof windows and energy efficient roofs $ 397,375.00 TOTAL $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 Date End 06/14/2011 08/2011 Procurement, Contract 08/2011 02/15/2012 Installation and Re lac 02/16/2012 04/15/2012 Complete final insnecti David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD 10 -12 Page 18 of 33 Work Plan Packet Page -1220- It of Windows and Roofing. submittal of final reimbursement. 4/10/2012 Item 16.D.8. D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Installation and Replacement of Submission of monthly invoices on AIA G702- windows and roofing. 1992 form (attached to Exhibit C) or equivalent document per contractor's Schedule of Values. Supporting documents must be provided as back UP. Installation and Replacement of Final 10% ($39,738.00) released upon Certificate windows and roofing. of Completion and final waiver of lien. David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD10 -12 Page 19 of 33 Packet Page -1221- 4/10/2012 Item 16.D.8. EXHIBIT "A -1" CHANGE BY LETTER COLLIER COUNTY GOVERNMENT Housing, Human & Veteran Services User Name Public Services Division Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # Date FAX (239) Fax # Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: I— The above 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 Additional Staffing Categories Professional Position(s) Hourly Rate(s) 1- Draw against Allowance (specify allowance item and identify specific items and quantities) F Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CDIO -12 Page 20 of 33 Packet Page -1222- 4/10/2012 Item 16.D.8. EXHIBIT "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 SUBRECIPIENT or any person employed by the SUBRECIPIENT 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 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 CDIO -12 Page 21 of 33 Packet Page -1223- 4/10/2012 Item 16.D.8. OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: 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 this 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. i David Lawrence Center Inc. Energy Efficiency -Going Green 2010 CDBG CDIO -12 Packet Page -1224- EXHIBIT "C" ADDITIONAL CDBG GRANT REQUIREMENTS - AIA Document G702 Attached below. David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD10 -12 Page 23 of 33 Packet Page -1225- 4/10/2012 Item 16.D.8. i 4/10/2012 Item 16.D.8. J06AIA Document G702'-1992 Instructions Application and Certificate for Payment GENERAL INFORMATION Purpose and Related Documents AIA Document G702. Application and Cenificate for Payment, is to be used in conjunction with AIA Document G703, Continuation Sheet These documents are designed to be used on a Pro ject where a Contractor has a direct Agreement with the Owner. Procedures for their use are covered in AIA Document A201. General Conditions of the Contract for Construction. Use of Current Documents Prior to using any AIA Contract Document, users should consult www.ain.org or a local AIA component to verifv 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 AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G702, but only for use in connection with a particular project. The AIA will not permit reproduction outside of the limited license for reproduction granted above, except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of ATA software. Licensed AIA software users should consult the End User License Agreement (EULA). To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel. copyright@aia.org. COMPLETING THE G702 FORM After the Contractor has completed AIA Document G703. Continuation Sheet, summary information should be transferred to AIA Document G702. Application and Certificate for Payment. The Contractor should sign G702, have it notarized. and submit it, together with G703, to the Architect. The Architect should review G702 and G703 and. if they are acceptable. complete the Architect's Certificate for Payment on G702. The Architect may certify a different amount than that applied for, pursuant to Sections 9.5 and 9.6 of A201. The Architect should then initial all figures on G702 and G703 that have been changed to conform to the amount certified and attach an explanation. The completed G702 and G703 should be forwarded to the Owner. MAKING PAYMENT The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AIA Document G702, Application and Certificate for Payment. The completed form 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 are executing the document. Where appropriate, a copy of the resolution authorizing the individual to act on behalf of the firm or entity should be attached. AIA Document G702TM —1992. Copyright ©1953, 1963. 1965, 1971, 1978. 1983 and 1992 by The American Institute of Architects. All rights roserved. WARNING: This AIA* Document is protected by U.S. Copyright Low and international Trestles. Unsuthorixed reproduction or distribution of this AIAeDocumsrd, or any portion of It, may result in aevsro eiWl and criminal penalties, and wilt be prosecuted to the maximum extent possible under the law. Purchasers are mere, o to reproduce ten ( t 0) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, Di copyright @aia.org. Energy mictency -uotng Ureen 2010 CDBG CD10 -12 Page 24 of 33 Packet Page -1226- 4/10/2012 Item 16.D.8. 'AIA Document G702" -1992 Application and Certificate for Payment TO OWNER: PROJECT: APPLICATION NO: Diftib to: PERM TO: OWNER 0 CONTRACT FOR: ARCHITECT 0 FROM CONTRACTOR: VIAARCHITECT: CONTRACT DATE: CONTRACTOR 0 PROJECT NOS: i FIELD 0 OTHER 0 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for paymen4 as shown below, in connection with the Contract. Continuation Shat, AIA Document G703, is attached. 1, ORBRNAL CONTRACT SUM ......................... ............................... S 2. Net change 4 Change Orders .................. ............................... S 3 CONTRACT SUN TO DATE (Line I i 21 ........... ............................... $. 4, TOTAL COMPLETED A STORED TO DATE (Column G on G703 i ............. S S, RETAINAGE: L _%of Completed Work (Column D +Eot 137031 $ It. _% of Stored Material (Column F on 67031 $ Total Retainage (Lines 5a +5b or Total in Column I of G703)••..... S 6. TOTAL EARNED LESS RETAINAGE .................................... $ (Line 4 Less line 5 Total) 7. LESS PREVIOUS CERt1FICATES FOR PAYMENT ......... . ............ $ (Litre 6 from prior Cenilictte) a. CURRENT PAYMENT DUE .............. ............................... IS -� 9. BALANCE TO INK INCLUDNG RETAINAGE (l.ine:3 less Line 6) $ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner 5 Is Total approved this Month S $ TOTALS Is NET CHANGES by Change Order S The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered In, this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Conoaetor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due, CONTRACTOR: By: Date: State of: Countv of. Subscribed and sworn to before me this day of Notary Public. My Commission expires: ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based or on -site ohsen'ations and the data comprismgg this application, the Architect certifies to the Owner that to the best of the Architect's knowledge. information and belief the Work has progressed ac indicated, the quality of the Work is io accordance with the Contract Documeala and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIF ED ....... ............................. - ......... ...................... S (Anarh explanation if amount cerrif i1 differs fmat die amounrapplied. fnhial all figures on this Applirntiaw and m the Contimahon Sheet that are rhanged to conform with the amnanr reRtff ed.) ARCHITECT: By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Comm AIA Document 13702"' -1992. Copyr(pht 01953.1963,1965.1971,1976,1983 and 1992 by The Amencan Ins6Wte of ArchileM Ace riots reserved. WARNING: This AINk Document Is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Alt Document, or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent Possible under the law. Purchasers are permitted to reproduce ten (10) copies of Nos document whin completed. To report copyrot violations of AIA Contract Documents, e-mail The American htsi4ne of Architects' NgN counsel. copyright morg. David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD 10 -12 Page 25 of 33 Packet Page -1227- 4/10/2012 Item 16.D.8. CONTINUATION SHEET AIA DOCUMENT G703 (InSnaiOn5 m reverse side) PAGE OF PAG.; ALA Doew•nent G ?D', :APPLICATION LNI) CERTIFICATE FOR P:1 MEA7 APPLICATION NO.: containing Contractors signed Certification, is attached. APPLICATION DATE: In tabulations below. amounts ere stated to the nearest dolar. PERIOD T0: Use Colwmn I on Contracts when, =fable retainage for he items mar apply, ARCHITECT'S PROTECT NO.: 4 H C ` D i F G H 1 ITEM �0. i DESCRIPTION OF WORT, i WORK C01tP1ETED I sCriEDtJLED r I FROM PREi�.OGs VALUE j 9P1�IGATI01 ibis PM OD NRI{ PRESENTLY STORED i10T DORE) TOIII. COMPLETED VD STORED T'0 D.T. (G = C) I BALA�Cw TO FL1I H RET:ZAGE r {Ir `:ARLUL -i RATEI i i i i i i iI I i i � I 1 I AIA DOdll�t(T 10 1 COMINiLAAC! SHEET FOR 1-1211991 EDITION uAi R 1?g' LiE )M1CiS MMTLIE OnTfECfi, l ,i \.� P 5'ORfi ATNLE NT.. WiAGTON, D.0 2000,514: • MM* U*vdW 0dicopyirg vi*n US. k taws and cum se*d ft VW& to 0 pWAX GM3.1992 CAUTION: You should use an original AIA document which has this caution pdnted in red. An original assures that changes wig not be obscured as may occur when docimts are reproduced. David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CDIO -12 Page 26 of 33 Packet Page -1228- Th David Lawrence Center, Inc. Energy Efficiency -Going Green 20I0 CDBG CD10 -12 ere are no additional grant requirements Page 27 of 33 Packet Page -1229- 4/10/2012 Item 16.D.8. David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD10 -12 EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -la Release and Affidavit Form D -2 CDBG Monthly Progress Report Page 28 of 33 Packet Page -1230- 4/10/2012 Item 16.D.8. 4/10/2012 Item 16.D.8. SCHEDULE "D -1" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Subrecipient Name: David Lawrence Center, Inc. Subrecipient Address: _ 6075 Bathev Lane Naples FL 34116 Project Name: _ Energy Efficiency -Going Green Project No: CD10 -12 Payment Request # Dollar Amount Requested: $ SECTION H: STATUS OF FUNDS 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 Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ 397,375.00 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 Title Authorizing Grant Coordinator Date Supervisor (approval authority under $14,999) Dept Director David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD10 -12 (approval required $15,000 and above) Page 29 of 33 Packet Page -1231- 4/10/2012 Item 16.D.8. 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 might 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. Witness: IM Print name and title STATE OF COUNTY OF SUBRECIPIENT BY: ITS: DATE: President The foregoing instrument was acknowledged is day of 2010 by before me this 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 Commission Expires: (AFFIX OFFICIAL SEAL) David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD10 -12 (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Page 30 of 33 Packet Page -1232- 4/10/2012 Item 16.D.8. SCHEDULE "D -2" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the I ffh of the following month. Status Report for Month of Submittal Date: Project Name Energy Efficiencvt -Going Green Project Number CD10 -12 Activity Number Subrecipient: David Lawrence Center Inc. Contact Person Scott Geltemever. CFO Telephone: 234 - 354 -01420 Fax: E -mail: Scotta(a,dlcmhc.com 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please 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 Green 2010 CDBG CD10 -12 Page 31 of 33 Packet Page 4233- 4/10/2012 Item 16.D.8. Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Rase (see see definitions on following page) BOX 5 Ethnicity definitions on following page) Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household Persons Assisted 0 -30% ( ) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in Box "1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in Box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in Box "3. " Of these households or persons assisted, are low- income (51 -80 %) of the current Median Family Income (MFI). Enter this number in Box "4. " NOTE. The total of Boxes 2,3 and 4 should equal the number in Box]. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "S " below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51 -80 %) Household Persons Assisted 0 -30% ( ) o (31 -50 %) David Lawrence Center, Inc. energy Efficiency -Going Green 2010 CDBG CDIO -12 Page 32 of 33 Packet Page -1234- 4/10/2012 Item 16.D.8. SubreciDient's must indicate total beneficiaries for Race AND Ethnicity 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 Ethnicity Beneficiaries White Race # Total # His anic 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: David Lawrence Center, Inc. Energy Efficiency -Going Green 2010 CDBG CD I0 -12 Page 33 of 33 Packet Page -1235- 4/10/2012 Item 16.D.8. EXHIBIT A -1 Amendment to Sub - Recipient Agreement #I "David Lawrence Mental Health Center Inc. CDBG Energy Efficiency -Going Green" This amendment, dated 2012 to the referenced agreement shall be by and between the parties to the original Agreement, David Lawrence Mental Health Center. Inc., a private not -for- profit corporation existing under the laws of the State of Florida (to be referred to as Subrecipient) and Collier County, Florida, (to be referred to as "COUNTY. ") Statement of Understanding Words b are deleted; Words Underlined are added RE: Sub •eeipient Agreemen * HUD Agreement(s) 4 B- 09 -UC -12 -0016 and 13- 10 -UC -12 -0016 Energy Efficiency - Going Green" "David Lawrence Mental Health Center, Inc., In order to continue the services provided for in the original GfflitffietSub- recipient Agreement document referenced above, the Sub - Recipient agrees to amend the Sub- recipient Agreement as follows: X. TIME OF PERFORMANCE The effective date of the Agreement between DLC and Collier County shall be June 14, 2011. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. _11U Pivot ttp u1metitwt] of Hits "kgfeeme"t aAll services required hereunder shall be completed by the SUBRECIPIENT prior to "„-i' ' c 'n! 2 January 1, 2013. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. C. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 26. Compliance - Compliance with the provisions of Section 3 of the HUD Act of 1968 as amended. and as implemented by the regulations set forth in 24 CFR 135 and all applicable rules and orders issued hereunder prior to the execution of this contract shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee the Subrecipient and any of the Subrecipient's subrecipients and subcontractors Failure to fulfill these requirements shall subject the Grantee the Subrecipient and any of the Subrecipient's subrecipients and subcontractors their successors and assigns to those sanctions specified by the Agreement through which Federal assistance is provided The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.0 1701) Section 3 requires that to the David Lawrence Mental Health Center, Inc. Energy Efficiency -Going Green Contract Amendment #1 Page 1 of 6 Packet Page -1236- 4/10/2012 Item 16.D.8. greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located," The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards) housing construction or other public construction project are given to low- and very low - income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible. priority should be given to low - and very low- income persons within the service area of the project or the neighborhood in which the project is located. and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards). housing construction or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located and to low- and very low- income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements a. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training_ b. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to compiv with the requirements of these regulations. David Lawrence Mental Health Center. Inc. Energv Efficiency -Going Green Contract Amendment #1 Page 2 of 6 Packet Page -1237- 4/10/2012 Item 16.D.8. EXHIBIT "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 and doors, 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 and doors, 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 and doors 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 6075 Bathey Lane, Naples - Building C - Building D .Parts 1 and 2 -Stand Alone Building 2806 Horseshoe Drive South, Naples -Stand Alone Building 425 North 1St Street, Immokalee The grant funding will cover all costs associated with the replacement and installation of the windows and doors, including, but not limited to, architectural sealed drawings, permits, inspections, materials, and labor. The cost of the removal and disposal of the existing windows and doors shall also be covered by this grant David Lawrence Mental Health Center, Inc. Energy Efficiency -Going Green Contract Amendment #I Page 3 of 6 Packet Page -1238- 4/10/2012 Item 16.D.8. 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 - Building A 6075 Bathey Lane, Naples -Building C -Stand Alone Building 425 North ls` Street, Immokalee The grant funding will .cover all costs associated with the replacement and installation of the roofing, including, but not limited to, architectural sealed drawings, permits, inspections, materials, and labor. This grant is paying for all costs associated with the installation of roofing and tiles, and hurricane proof windows that meet ENERGY STAR reflectivity thresholds. The cost of the removal and disposal of the roofs shall also be covered by this grant 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 document 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 Thousand Three Hundred Seventy Five Dollars and 00 /100 ($397,375.00) in CDBG funding for the project scope described above. Line Item Description CDBG Funds Installation and replacement of energy efficient hurricane proof windows and energy efficient roofs $ 397.375.00 TOTAL $3971375.00 Any modifications to this agreement ee 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 Date End Work Plan 06 '4 201-r 98 2 -1 Procurement, Contract Selection, Permitting. 02/1/2012 0 3/3 1 /201.2 Installation and Replacement of existing Doors, Windows and 08420i i °2" /201 ! 04/2012 10/1/2012 Roofing. David Lawrence Mental Health Center, Inc. Energy Efficiency -Going Green Contract Amendment 41 Page 4 of 6 Packet Page -1239- 4/10/2012 Item 16.D.8. 02 "o :2 r Complete final inspections, submittal of final reimbursement. 10/1/2012 12/31 /2012 ADDITIONAL CDBG GRANT REQUIREMENTS 1. The Subrecipient will be responsible for providing all reporting data to Collier Countv upon request regarding the Federal Funding Accountability and Transparency Act FFATA. David Lawrence Mental Health Center, Inc. Energy Efficiency -Going Green Contract Amendment #1 Page 5 of 6 Packet Page -1240- 4/10/2012 Item 16.D.8. IN WITNESS WHEREOF, the DEVELOPER/SPONSOR and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this day of , 20 ATTEST: Dwight E. Brock, Clerk of Courts Dated: (SEAL) First Witness Tvpe /print witness name . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman David Lawrence Mental Health Center, Inc. Subrecipient Signature Lzz, Lei and Witness Dave Schimmel, CEO (Print Name) print witness name Approved as to form and Legal sufficiency: Jennifer B. White Assistant County Attorney David Lawrence Mental health Center, Inc. Energy Efficiency -Going Green Contract Amendment #t Page 6 of 6 Packet Page - 1241 -