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10/20/2010 GrantDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: October 29, 2010 TO: Lisa Tennyson Grants Management FROM: Pamela G. Hanc k, .C. At the October 20, 2010, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Grant Agreement from the Florida Energy and Climate Commission (Grant# ARSO10). This includes small changes to previously approved grant which are required by the State of Florida. Enclosed are three duplicate originals of the above -mentioned, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed "Clerk's Original" as soon as possible. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File✓ C'lc,,K'S 0&-J jiP74J FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS THIS AGREEMENT is entered into between the STATE OF FLORIDA, EXECUTIVE OFFICE OF THE GOVERNOR (EOG), FLORIDA ENERGY AND CLIMATE COMMISSION whose address is 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001 (hereinafter referred to as the "Commission") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1100 Simonton Street, Key West, FL 33040-3110 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide financial assistance for the Keys Energy Conservation Initiative. In consideration of the promises and mutual agreements contained herein, the Commission and the Grantee acknowledge and agree as follows: 1. The United States Department of Energy (USDOE) awarded funding to the Commission pursuant to USDOE through American Recovery and Reinvestment Act (ARRA) Grant Agreement No. DE- EE0000241. The Grantee shall be a sub -grantee of federal financial assistance from USDOE. The Grantee is responsible for complying with the appropriate state and federal guidelines in the performance of its activities pursuant to this Agreement. 2. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement, its attachments and exhibits named and incorporated by reference. For purposes of this Agreement the terms "Grantee" and "Recipient" are used interchangeably. 3. This Agreement shall begin upon execution by both parties and end no later than March 31, 2012, inclusive. If allowed by USDOE, this Agreement shall be effective upon execution for purposes of reimbursement of allowable costs resulting from obligations incurred and meeting the cost share or match requirements as described in Attachment A, Grant Work Plan. Profit to the Grantee, or any of its subgrantees, is prohibited by 10 Code of Federal Regulations (CFR) Part 600. This Agreement may be amended to revise Attachment A, Grant Work Plan, if additional funding is made available by the USDOE and/or the Florida Legislature. 4. A. The Grantee shall be eligible for reimbursement of allowable costs resulting from obligations incurred during the term of this Agreement. The Commission shall reimburse the Grantee for allowable costs on a not more frequently than monthly cost reimbursement basis in an amount not to exceed $2,687,288 after receipt and approval by the Commission's Grant Manager of satisfactory reports and documentation as required in this Agreement. The parties agree that the Grantee is responsible for providing a minimum match of $602,896 toward the project described in Attachment A, Grant Work Plan. All cost sharing or match shall meet any applicable federal requirements. B. Prior written approval from the Commission's Grant Manager shall be required for changes between approved, funded budget categories up to 10% of the total, approved Grant funds. Approval of such changes will be contingent upon submission of a revised Project Budget. Budget category changes greater than 10%, the addition of previously unapproved or unfunded budget categories or the addition of previously unapproved or unfunded budget line -items, will require a formal written amendment to the Agreement. The Commission agrees to review a request by the Grantee to modify Attachment A, Grant Work Plan, should the Grantee find, after receipt of competitive bids, that the project described in Attachment A, Grant Work Plan, cannot be accomplished for the current estimated project cost. If the Commission agrees to a modification of Attachment A, Grant Work Plan, it may be modified not to exceed the awarded funding identified above. Any such modification would be by formal written amendment, in accordance with Section Grant Agreement No. ARS010, Page 1 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 37. Nothing in this Section or Agreement is intended nor implies to guarantee approval of a request to modify or adjust Attachment A, Grant Work Plan, or the available project funding. C. All reimbursement requests under this Agreement shall be submitted using the Attachment B, Payment Request Summary Form, format in detail sufficient for a proper pre -audit and post -audit thereof. The Grantee shall submit a properly completed Attachment B, Payment Request Summary Form, with supporting documentation of allowable costs, including for the final reimbursement request, as described below in paragraph 4.D. Ten percent of each approved reimbursement request shall be retained by the Commission pending Grantee's compliance with Section 8. D. All reimbursements under this Agreement shall be in compliance with the laws, rules and regulations applicable to the expenditure of State and federal funds. The State of Florida guidelines for allowable costs include, but are not limited, to the Florida Department of Financial Services' Reference Guide for State Expenditures located at http://www.myfloridacfo.com. Federal program guidelines for allowable costs and related topics are listed in Attachment E, Federal Regulations and Attachment F, Federal Funding Grantee, Sub -grantee and Contractor Provisions. The Grantee must provide a detailed listing of expenditures made under this Agreement as support for the Payment Request Summary Form. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, check or voucher number, amount paid and vendor name. All requests for reimbursement of travel expenses shall be in accordance with the travel requirements including mandated forms required by Section 112.061, Florida Statutes. E. In addition to the requirements contained in paragraphs 4.0 & D above, the Commission may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State of Florida guidelines. When requested, this information must be provided within 30 calendar days of such request. The Commission's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and the availability of federal funding for the specific purpose of funding the Commission's obligations under this Agreement. In the event of a State revenue shortfall, withdrawal of State budget authorization and/or rescission of federal funding, the total funding may be reduced accordingly. The Commission, in accordance with direction from the Governor and/or the Florida Legislature, shall be the final determiner of the availability of any funds. 6. The Grantee shall submit, using Attachment C, Monthly Progress Report, monthly updates. to describe the project progress, work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Attachment B, Payment Request Summary Form may not be submitted more frequently than on a monthly basis and must be accompanied by an Attachment C, Monthly Progress Report, for the corresponding month. Attachment C, Monthly Progress Reports shall be submitted to the Commission no later than three calendar days following the completion of the monthly reporting period. The Commission's Grant Manager may request additional information if the Commission's Grant Manager determines it is necessary. The Commission's Grant Manager shall have ten calendar days to review deliverables and payment requests submitted by the Grantee. The Grantee shall submit an Annual Report 15 calendar days after the end of the first year of the project, if the term of the project exceeds one year. The Annual Report shall provide a narrative detailing and evaluating the accomplishments and impact of the project in the prior twelve months. The Annual Report shall follow the format described in Attachment K, Annual Report. 8. The Grantee shall also submit a Final Report 15 calendar days prior to the expiration date of the Agreement. The Final Report will provide a final narrative detailing and evaluating the accomplishments and impact of the project. The Final Report will include an evaluation of the energy savings directly attributable to the project, projections of estimated energy savings expected to accrue from the project and policy recommendations, which may be helpful in implementing other projects of a similar nature. Pursuant to Grant Agreement No. ARS010, Page 2 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 paragraph 4.C, 10% of the total Agreement amount identified in paragraph 4.A will be withheld until receipt and approval of the Final Report. Each party agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 10. A. Commission staff will perform compliance monitoring during the term of the Agreement, in addition to the review of Monthly Progress Reports, but not less than once a year, to ensure Agreement compliance. Monitoring shall include, but not be limited to, periodic review of compliance with Agreement service delivery, as described in Attachment A, Grant Work Plan as documented in Attachment C, Monthly Progress Reports and also which includes a review of all Agreement requirements including the Attachments. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced compliance monitoring visits at any site where services are delivered pursuant to this Agreement. B. For each on -site compliance monitoring visit, Commission staff will provide an oral exit interview and a written monitoring report to the Grantee. C. If issues of non-compliance are identified in the monitoring report, a written Corrective Action Plan (CAP) may be required of the Grantee. If required, the CAP shall be submitted to the Commission's Grant Manager within ten calendar days of receipt of the monitoring report. If a CAP is required of the Grantee, failure to correct deficiencies after thirty calendar days from the date -of -receipt of a written monitoring report notating the deficiencies may result in a determination of breach of Agreement and termination of services. If a CAP is not required of the Grantee, the Commission may proceed under Section 11 and/or Section 14. 11. The Commission may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Commission shall provide 30 calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Commission regarding the reason(s) for termination. If this Agreement is terminated, the Commission shall only pay for those acts satisfactorily completed under this Agreement prior to the date of termination. The Commission shall not pay the Grantee for any work performed after such termination, except as described in Section 14.F. 12. The Commission may terminate this Agreement for convenience by providing the Grantee with 30 calendar days written notice. If this Agreement is terminated, the Commission shall only pay for those acts satisfactorily completed under this Agreement prior to the date of termination. The Commission shall not pay the Grantee for any work performed after such termination, except as described in Section 141. 13. This Agreement may be unilaterally terminated by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a), Article I of the Florida Constitution and Chapter 119, Florida Statutes. If this Agreement is terminated, the Commission shall only pay for those acts satisfactorily completed under this Agreement prior to the date of termination. The Commission shall not pay the Grantee for any work performed after such termination, except as described in Section 14.17. 14. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Commission may take one or more of the following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. Grant Agreement No. ARSO10, Page 3 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 B. Disallow (that is deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Commission expressly authorizes them in the notice of suspension or termination. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. 15. A. In accordance with Presidential Executive Order 12549, Debarment and Suspension (10 CFR Part 606, later moved to 2 CFR Part 901), the Grantee shall agree and certify 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 Grantee 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, unless authorized in writing by USDOE to the Commission. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of Attachment G, Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions. C. As required by paragraphs A and B above, the Grantee shall include the language of this Section and Attachment G, Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions, in all subcontracts and sub -grants or lower tier agreements executed to support the Grantee's work under this Agreement. 16. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles. The Commission, the State of Florida, USDOE or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 17. A. The Grantee shall retain and maintain all records referenced in Section 16 and make such records available for an audit as may be requested. Such records shall include independent auditor working papers, books, documents and other evidence, including but not limited to, vouchers, bills, invoices, requests for payment and other supporting documentation, which, according to generally accepted accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Agreement. B. The Grantee agrees to comply with the audit requirements of Section 215.97, Florida Statutes, and those found in Attachment D, Special Audit Requirements as applicable. C. The Grantee shall include the audit and record keeping requirements described above and in Attachment D, Special Audit Requirements, in all subcontracts and assignments with sub -grantees of funds according to Section 215.97, Florida Statutes. For purposes of this Agreement, "sub - recipient" shall be defined in accordance with Section 215.97(2)(x), Florida Statutes. Grant Agreement No. ARSO10, Page 4 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 D. The Grantee must provide copies of any audit referencing this Agreement, the audit transmittal letter, and any response to such audit to the Commission within 30 calendar days of its receipt. The Grantee should confer with its chief financial officer, audit director or contact the Commission for assistance with questions pertaining to the applicability of these requirements. 18. A. The Grantee may subcontract work under this Agreement upon the condition that each Attachment C, Monthly Progress Report, contains a current list of subcontractors, the amount of each subcontract and a short description of work to be performed by that subcontractor. The Grantee shall be solely responsible for all work performed and all expenses incurred in connection with the development and implementation of the services, programs and activities under this Agreement whether directly performed or by subcontract. B. The Grantee shall not enter into subcontracts in which the Commission or USDOE could be held liable to a subcontractor for any expenses or liabilities. The Grantee shall defend and hold the Commission and USDOE harmless of any liabilities, as applicable by Florida laws, incurred under any of the subcontracts entered into by the Grantee. The Grantee shall be liable for all work performed and all expenses incurred as a result of any subcontract. C. The Grantee is encouraged to use small businesses, including minority, woman and service - disabled veteran -owned businesses as subcontractors or sub -vendors under this Agreement. The Grantee shall report to the Commission in each, Attachment C, Monthly Progress Report, its expenditures with minority, woman and service -disabled veteran -owned businesses. The directory of State of Florida certified minority, woman and service -disabled veteran -owned businesses can be accessed from the website of the Department of Management Services, Office of Supplier Diversity. The Attachment C, Monthly Progress Report, shall contain the names and addresses of the minority, woman and service -disabled veteran -owned businesses; the aggregate dollar figure disbursed that month for each business; the time period; type of goods or services and whether the business is minority, woman or service -disabled veteran -owned. If no expenditures were made to minority, woman and service -disabled veteran -owned businesses, the Grantee shall state "None" on that portion of the Attachment C, Monthly Progress Report. 19. The Grantee agrees to permanently refrain from using or mentioning its association with the Commission in advertisements, letterhead, business cards, etc. The Grantee's project with the Commission may be generally stated and described in the Grantee's professional resume. The Grantee may not give the impression in any event or manner, that the Commission endorses or recommends the Grantee. 20. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non -Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment I, Standard Form-LLL, Disclosure of Lobbying Activities, and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. [10 CFR Part 601 ] B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a State agency. C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless Grant Agreement No. ARS010, Page 5 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. 21. The Grantee shall comply with all applicable federal, state and local rules and regulations. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 22. The Grantee agrees to comply with, and include as appropriate in subcontracts, the applicable regulations listed in Attachment E, Federal Regulations, and the provisions contained in Attachment F, Federal Funding Grantee, Sub -grantee and Contractor Provisions. 23. The Commission's Grant Manager for this Agreement is identified below. Commission Grant Manager: Mandy Norman Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399-0001 Telephone No.: 850-487-3800 Fax No.: 850-922-9701 E-mail Address: Mandy.norman(&myflorida.com 24. The Grantee's Representative for this Agreement is identified below. Lisa Tennyson Monroe County Board of County Commissioners Grants Administrator 1100 Simonton Street Key West, FL 33040-3110 Telephone No.: 305-292-4444 Fax No.: 305-292-4515 E-mail Address: Tenn son -list monroecount -fl. ov Grantee D-U-N S : 073876757 Grantee CCR Registration Expiration Date: 5/21/2011 25. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. The Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. The Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Commission, for the protection of its employees not otherwise protected if any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes. Documentation of all insurance coverage(s) required below, shall be submitted by the Grantee to the Commission. Upon expiration of documented proof of insurance coverage, the Grantee shall submit proof of continued insurance coverage to the Commission within 30 calendar days of insurance coverage expiration. Grant Agreement No. ARS010, Page 6 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 26. The Grantee, as an independent contractor and not an agent, representative, or employee of the Commission, agrees to carry adequate liability and other appropriate forms of insurance. The Commission shall have no liability except as specifically provided in this Agreement. 27. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 28. The Grantee is authorized to purchase five current model vehicles, for use in performing the services described in Attachment A, Grant Work Plan. The Grantee must obtain written approval, in advance, of the vehicle type proposed for purchase and shall produce at least two written quotes for comparable vehicles prior to the vehicle purchase being authorized by the Commission. Upon satisfactory completion of this Agreement, with Commission approval, the Grantee may retain ownership of the non-expendible personal property or equipment purchased under this Agreement. However, the Grantee shall complete and sign Attachment J, Property Reporting Form, and submit it to the Commission as an attachment to the Attachment B, Payment Request Summary Form, in which these costs are documented for reimbursement or match. The following terms shall apply: A. The Grantee shall have use of the non -expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non -expendable personal property or equipment in good operating condition. C. The Grantee is responsible for the implementation of manufacturer required maintenance procedures to keep the vehicles in good operating condition. D. The Grantee shall secure and maintain comprehensive collision and general automobile liability coverage for the vehicles during the term of this Agreement. The Grantee is responsible for any applicable deductibles. E. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage, or injury caused by the use of, non -expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Commission. F. The Grantee is responsible for the purchase of, and shall maintain a current State of Florida tag and registration for all vehicles purchased under the Agreement. 29. The employment of unauthorized aliens by any Grantee/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 30. A. No person on the grounds of race, creed, color, national origin, age, sex or disability shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. Grant Agreement No. ARSO10, Page 7 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 B. The Grantee agrees to comply with 10 CFR Part 1040 "Nondiscrimination in Federally Assisted Programs." C. The Grantee affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes, and that at no time has the Grantee been placed on the Discriminatory Vendor List. The Grantee further agrees that it shall not violate such law and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. D. The Grantee affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes, and that at no time has the Grantee been convicted of a Public Entity Crime. The Grantee agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. The Grantee shall insert a provision in accordance with this paragraph in all subcontracts for services in relation to this Agreement. 31. Land acquisition is not authorized under the terms of this Agreement. 32. A. If the Grantee brings to the performance of this Agreement pre-existing intellectual property, the Grantee shall retain all rights and entitlements to that pre-existing intellectual property. B. All patent rights, copyrights, and data rights must be in accordance with 10 CFR Part 600 as referenced in Attachment H, Intellectual Property Provisions. C. If, during the course of the Agreement, the Grantee modifies a pre-existing invention to the point where it is a new invention, patentable in its own right, or if any discovery or subject invention arises or is developed in the course of, or as a result of, work or services performed under this Agreement, or in any way connected herewith, the Grantee shall retain the entire right, title, and interest to each discovery or subject invention, subject to the provisions of this Section. With respect to any subject invention in which the Grantee retains title, the Commission shall have a royalty -free, nonexclusive, transferable, irrevocable, paid up license to practice or have practiced for, or on behalf of, the Commission or the State of Florida the subject invention and sublicense the same. D. In the event that any books, manuals, films, software, databases, or other copyrightable material are produced, which are intended to be made available to the public, the Grantee shall notify the Commission. The Commission shall have a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work, and to authorize others to do the same. The Grantee hereby grants the Commission full authority and right to modify or create derivative works of, or allow others to modify or create derivative works on behalf of the Commission, any publications first produced under this Agreement. Any content submitted to the Commission which is asserted to be exempt under Florida's Public Records Act, Chapter 119, Florida Statutes, shall be clearly marked "business proprietary", "exempt," "confidential," or "trade secret" (as applicable), with the statutory basis for such claim of exemption, confidentiality, or trade secret specifically identified in writing. Failure to identify any such content shall constitute a waiver of any claimed exemption, confidentiality, or trade secret. E. The terms and conditions specified in Section 32 shall also apply to any subcontracts made under this Agreement. The Grantee shall be responsible for informing the subcontractor of the provisions of this Section and obtaining disclosures. 33. The Grantee is encouraged to publish or otherwise make publicly available the results of the work conducted under this Agreement. USDOE requires an acknowledgement of Federal support. A disclaimer Grant Agreement No. ARSO10, Page 8 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 must appear in the publication of any material, copyrighted or not, which was based on or developed under this Agreement, as follows: Acknowledgement: "This material is based upon work supported by the U.S. Department of Energy and the Florida Energy and Climate Commission under Award Number DE-EE000024 L" Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, nor any of their contractors, subcontractors or their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or any third parry's use or the results of such use of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof or its contractors or subcontractors. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." 34. The Grantee is permitted to develop software or databases under the terms and conditions of this Agreement, including Section 32. 35. The Parties agree they will seek to resolve any disputes between them regarding their responsibilities as soon as possible and at the lowest level reasonable, in order to conserve the resources of the Parties. The Parties further agree to use their best efforts to assure speedy and non -confrontational resolution of any and all disputes between them. 36. This Agreement is executed and entered into in the State of Florida and shall be construed, performed and enforced in all respects in accordance with the laws and rules of the State of Florida. Any litigation arising under this Agreement shall be brought in the appropriate court in Leon, County, Florida, applying Florida Law. 37. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties and attached to the original of this Agreement, unless otherwise provided herein. 38. The following Attachments are incorporated into this Agreement: Attachment A Grant Work Plan Attachment B Payment Request Summary Form Attachment C Monthly Progress Report Attachment D Special Audit Requirements Attachment E Federal Regulations Attachment F Federal Funding Grantee, Sub -grantee and Contractor Provisions Attachment G Debarment and Suspension Form Attachment H Intellectual Property Provisions Attachment I Disclosure of Lobbying Activities Attachment J Property Reporting Form Attachment K Annual Report Grant Agreement No. ARSO10, Page 9 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 IN WITNESS WHEREOF, the par -ties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY BOARD Date: OCT 2 0 2010 CLERK STATE OF FLORIDA, EXECUTIVE OFFICE OF THE GOVERNOR, Florida Enfrgy and limate Commission Alexand/r Mack Program Administrator Date: h D l o C=) vl TO T. C:) Cn --:0 4Ln CD Grant Agreement No. ARS010, Page 10 of 65 ATTACHMENT A GRANT WORK PLAN FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS A. PROJECT TITLE: Keys Energy Conservation Initiative B. PROJECT LOCATION: Monroe County, Florida C. PROJECT BACKGROUND: Monroe County will implement a comprehensive energy savings project, in partnership with the City of Key West, City of Marathon and Islamorada, Village of Islands, which will include several cross jurisdictional and individual community energy savings activities. The Grantee has identified eight projects to execute a wide assortment of energy savings activities which will benefit 96% of the Keys population. The activities include installation of solar water heaters, energy efficiency outreach and education, retrofitting sports lighting, retrofitting outdoor lighting, development of an Energy Efficiency and Conservation Strategy (EECS), energy audits, purchase of hybrid vehicles and replacement of street lighting poles. Affordable Residential Solar Water Heaters The Grantee, in partnership with Habitat for Humanity (1-141-1), will install or replace conventional hot water heaters with solar hot water heaters in low to moderate income households. The Grantee will also issue rebates for solar water heaters. This component of the conservation initiative will be coordinated with NexGENergy and Monroe County's Weatherization program. Energy Efficiency Educational Video Communication and Outreach The Grantee will facilitate the production of a 15-minute video and radio segment for National Public Radio (NPR) to highlight the Keys Energy Conservation Initiative 2010. The educational and outreach materials will be available on local government websites and television channels. The materials will be disseminated by CD, DVD and email. Additionally, the Grantee will hold 12 educational workshops for commercial and residential energy efficiency measures. Outreach components of this project will increase the number of Green Living and Education (GLEE) Certified Green Business Partnerships by 100%. Retrofit Local Park Ball Field Lighting The Grantee will retrofit lighting in six public parks with new energy efficient light fixtures. The parks include the Clayton Sterling Sports Complex, Dewitt Roberts Softball Field, Rosa Hernandez Softball Field, George Mira Football Field, Nelson English Park and Pepe Hernandez Park. These parks are located in the City of Key West. Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor Lighting Retrofit Phase 1: Greenhouse Gas (GHG) Emissions Inventory — The Grantee will select a consultant to conduct a greenhouse gas emissions inventory for the City of Marathon. A final report will document the results and recommended strategies for implementation. Phase 2: Energy Audits — The Grantee will hire a consultant to conduct community residential and commercial energy audits and an energy audit for City facilities in the City of Marathon. The results of the studies will be made available to residents and the business community. Phase 3: Outdoor Lighting Retrofit — The Grantee will conduct an outdoor lighting retrofit for Sombrero Beach Road street lights and Marathon Community park lights. The contractor will retrofit 250 outdoor lights. Grant Agreement No. ARSO 10, Page 11 of 65 ATTACHMENT A GRANT WORK PLAN EECS Development The Grantee will utilize technical assistance consulting services to assist a team of interdepartmental county staff members with the formulation of an energy efficiency, energy conservation and energy usage strategy. The strategy will identify the means to achieve goals, metrics for measuring progress, timelines for implementation, financing mechanisms and staff assignments. The EECS will ensure sustained benefits of the grant funds beyond the grant period. County Facilities Energy Audit and Retrofit The Grantee will implement energy efficiency measures, based upon audit findings, at four Monroe County facilities, located in Key West, with a total square footage of 197,823 and an annual energy cost of $534,019. An energy audit will allow the Grantee to develop base -line energy use and an in-depth report of quantifiable energy conservation recommendations to determine the most cost effective improvements and to ensure the best possible use of the retrofit funds. The building retrofits will emphasize efficiency and may include retrofit lighting, insulation, heating, ventilation and air-conditioning (HVAC) upgrades, training programs for operation and facility users and monitoring systems. Hybrid Vehicle Purchase The Grantee will reduce GHG emissions by upgrading the County fleet with five hybrid electric vehicles which represents 10% of the administrative fleet. The vehicles will replace five conventional gas -powered vehicles. Replacement of Street Lighting Poles The Grantee will replace interior street lighting, dog park lighting and security lighting in Founders Park and the Administrative & Public Safety Headquarters parking lot located within the park. This work will consist of stripping 90 existing poles, removing current heads, inspecting each post for damage, repairing damage, preparing poles for new solar heads to be installed, adjusting and strengthening mounts, adding mounting brackets and installation of solar heads. In addition, 10 new light poles will be installed at Plantation Hammock Preserve, Plantation Tropical Reserve, Hurricane Monument and Library Parks. The parks to receive retrofits through this component of the project are located in Islamorada, Village of Islands. D. PROJECT OBJECTIVES: • Objective 1: To reduce power consumption within the county by procuring and installing residential solar water heaters in a minimum of 20 low or moderate income households. • Objective 2: To create an educational workshop for commercial and residential energy efficiency measures and a 15-minute video and radio segment to highlight the Keys Energy Conservation Initiative 2010. • Objective 3: To reduce power consumption within the county by procuring and installing energy efficient outdoor sports lighting in six public parks. • Objective 4: To reduce power consumption within the county by conducting a greenhouse gas emissions inventory, energy audits and 250 outdoor lighting retrofits for the City of Marathon. • Objective 5: To reduce fossil fuel emissions in transportation, building, and other applicable public and private sectors by developing and implementing an Energy Efficiency and Conservation Strategy. • Objective 6: To reduce power consumption within the county by implementing energy efficiency measures as recommended by an energy audit of four county facilities. • Objective 7: To reduce GHG and energy consumption within the county by upgrading the county vehicle fleet with hybrid electric vehicles. • Objective 8: To reduce the annual power consumption within the county by procuring and installing 100 solar powered light emitting diode (LED) street lighting poles. Grant Agreement No. ARSO 10, Page 12 of 65 ATTACHMENT A GRANT WORK PLAN E. PROJECT DESCRIPTION: The Grantee has identified eight project(s) that will greatly reduce power consumption therefore reducing utility charges and equipment maintenance fees. The following tasks will be performed in order to meet the project objectives outlined above. Task 1 - Affordable Residential Solar Water Heaters (Objective 1): • Task la: Select a vendor following the procurement procedures outlined in 10 CFR 600, for solar water heater purchase and installation • Task lb: Coordinate with H4H to establish an eligible homeowner application • Task lc: Select a vendor, negotiate and execute contract • Task lc: Oversee installation of solar water heaters in 20 qualified affordable homes • Task ld: Coordinate with Keys Energy to provide solar water heater rebates of $450 each • Task le: Submit a report to the Commission including photographs of the installed solar water heaters, utility bills documenting energy reduction, a list of applicants and invoices from both the manufacturer and the installer Task 2 - Energy Efficiency Educational Video Communication and Outreach (Objective 2): • Task 2a: Execute contract with Environmental Education Foundation • Task 2b: Develop video content • Task 2c: Produce video, upload to county website and provide to local governments for distribution • Task 2d: Produce radio segment for Radio Green Earth show on NPR • Task 2e: Coordinate educational outreach technical assistance workshops for businesses and residents • Task 2f: Increase the number of GLEE Certified Green Business partnerships by 100% • Task 2g: Submit a copy of all educational materials and video to the Commission documenting the energy efficiency conservation impacts of the project Task 3 - Retrofit Local Park Ball Field Lighting (Objective 3): • Task 3a: Select a vendor following the procurement procedures outlined in 10 CFR 600, to install ballpark lighting • Task 3b: Oversee installation of ballpark lights in six public parks • Task 3c: Submit a report to the Commission including photographs of the installed lighting, utility bills documenting energy reduction, and invoices from both the manufacturer and the installer Task 4 - Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor Lighting Retrofit (Objective 4): • Task 4a Select a vendor following the procurement procedures outlined in 10 CFR 600, 1) a greenhouse gas emissions inventory, 2) a community energy audit and 3) city energy audits • Task 4b: Select a vendor following the procurement procedures outlined in 10 CFR 600, to install outdoor lighting • Task 4c: Define scope of work to identify audit needs • Task 4d: Conduct site inspections • Task 4e: Complete data gathering and analysis for completion of 600 audits • Task 4f: Oversee installation of 250 outdoor lights • Task 4g: An audit report will be created to establish baseline emissions inventory for a base year and for a forecast year to identify emissions reduction targets for the forecast year and identify recommended actions, policies and measures • Task 4h: Submit the final audit report to the Commission and photographs of the installed lighting, utility bills documenting energy reduction, and invoices from both the manufacturer and the installer Task 5 - EECS Development (Objective 5): • Task 5a: The Grantee will develop a scope of work for the EECS • Task 5b: Select a vendor following the procurement procedures outlined in 10 CFR 600, for a technical assistance consultant to assist with plan development and data • Task 5c: Develop EECS for county facilities and operations including energy efficiency, energy conservation and energy usage goals • Task 5d: Provide the Commission with an electronic copy of the EECS. Grant Agreement No. ARSO10, Page 13 of 65 ATTACHMENT A GRANT WORK PLAN Task 6 — County Facilities Energy Audit and Retrofit (Objective 6): • Task 6a: Select a vendor following the procurement procedures outlined in 10 CFR 600, for an engineering firm to conduct Grade Energy Audits for four county facilities located in Key West • Task 6b: Create a scope of work and construction bid documents based on energy audit findings • Task 6c: Implementation and installation of energy efficiency measures as approved by the Commission and recommended in the audit report • Task 6d: Submit a report to the Commission including the audit report, photographs of the installed systems, utility bills documenting energy reduction, and invoices from both the manufacturer and the installer Task 7 - Hybrid Vehicle Purchase (Objective 7): • Task 7a: Prepare purchase order for five hybrid vehicles following the procurement procedures outlined in 10 CFR 600. • Task 7b: Finalize purchase of vehicles • Task 7c: Paint and decal vehicles to increase awareness of alternative fuel vehicles • Task 7d: Conduct a training workshop for drivers and maintenance staff • Task 7e: Submit a report to the Commission including photographs of the hybrid vehicles, records of savings and invoices Task 8 - Replacement of Street Lighting Poles (Objective 8): • Task 8a: Identify and designate locations for new light poles • Task 8b: Select a vendor following the procurement procedures outlined in 10 CFR 600, for electricians to retrofit 90 existing poles • Task 8c: Obtain quotes or advertise for the purchase of 100 solar powered light fixtures • Task 8d: Identify existing underground utilities and mark sites for new poles • Task 8e: Award contract and purchase order for 100 fixtures • Task 8f: Installation of new light poles • Task 8g: Submit a report to the Commission including photographs of the installed street lighting poles, utility bills documenting energy reduction, and invoices from both the manufacturer and the installer F. PROJECT MILESTONES/DELIVERABLES/OUTPUTS: The tables below identify the month of the project each task will start and be accomplished for all eight components of the Keys Energy Conservation Initiative. 1. Affordable Residential Solar Water Heaters No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Select a vendor following the Submit RFP to Commission procurement procedures outlined 1 2 in 10 CFR 600, for solar water heater purchase and installation 2 Develop application for eligible Submit application to Commission 2 2 homeowners 3 Oversee installation of solar water Contract executed for installation heaters in 20 homes and materials purchased. Copies of 3 16 invoices sent to the Commission 4 Coordinate with the Provide homeowners with Weatherization program to assist recommendations 5 16 homeowners with additional retrofits 5 Coordinate rebates with Keys Use rebates to increase # solar 10 16 Energy heaters to be installed 6 Final Report Submit a report including photographs of the installed water 18 18 heaters, utility bills and invoices Grant Agreement No. ARSO10, Page 14 of 65 ATTACHMENT A GRANT WORK PLAN Grant Agreement No. ARSO10, Page 15 of 65 ATTACHMENT A GRANT WORK PLAN 2. Energy Efficiency Educational Video Communication and Outreach No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Execute contract with Contract approved an signed by Environmental Education Board of County Commissioners 2 3 Foundation 2 Develop content and produce Submit outline of content to energy educational video Commission and place on County 3 9 website 3 Produce radio segment Radio segment broadcasted on NPR 10 12 4 Coordinate 12 technical Training workshops and public assistance workshops for business educations sessions complete, a list 10 16 and residents of attendees and evaluations forms provided to the Commission 5 Final Report Submit a report including educational materials created with 18 18 funds 3. Retrofit Local Park Ball Field Lighting No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Solicit RFP for ballpark lighting Contractor selected for installation 1 6 of lighting 2 Oversee installation of ballpark Lighting installed in six public 6 11 lights parks 3 Final Report Submit a report including photographs of the light retrofit, 11 13 utility bills and invoices 4. Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor Lighting Retrofit No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Select a vendor following the Submit RFP to Commission procurement procedures outlined in 10 CFR 600, 1) a greenhouse 1 4 gas emissions inventory, 2) a community energy audit and 3) city energy audits 2 Select a vendor following the Submit RFP to Commission procurement procedures outlined 2 4 in 10 CFR 600, for outdoor lighting installation 3 Sign contract with consultants Consultants selected to conduct GHG inventory, community energy 4 5 audit and city energy audit 4 Define scope of work and identify Submit scope of work to 5 8 audit needs Commission 5 Site inspections, measurements Consultant will draft final report for 8 14 and data analysis City approval 6 Oversee installation of outdoor 250 outdoor lights installed 10 14 lightin 7 Final Report Final audit reports submitted to 15 16 Commission Grant Agreement No. ARSO 10, Page 16 of 65 ATTACHMENT A GRANT WORK PLAN 5. F.FCS Development No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Develop scope of work for EECS Scope of work complete 1 3 2 Select a vendor following the Consultant assisted with plan procurement procedures outlined development and data gathering in 10 CFR 600, for a technical 3 6 assistance consultant to assist with plan development and data 3 Develop EECS for county EECS adopted by Board of County facilities and operations including Commissioners energy efficiency, energy 6 13 conservation and energy usage goals 4 Final Report Final EECS submitted to 14 14 Commission 6. County Facilities Enerev Audit and Retrofit No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Select a vendor following the Agreement signed and approve by procurement procedures outlined Board of County Commissioners in 10 CFR 600, for an engineering 1 2 firm to conduct Grade Energy Audits for four county facilities located in Key West 2 Conduct energy audit Detailed investment grade audit 2 2 submitted to County 3 Define scope of work for retrofits Submit scope of work to 3 6 as recommended in energy audit Commission 4 Execute contract for facility Board of County Commissioners 6 9 retrofits approval and execution 5 Complete installation of energy Installation documentation 9 18 efficiency retrofits complete 6 Complete measurement and Energy saving calculations 17 18 verification documented 7 Final Report Submit a final report to include evidence of energy savings as a 18 18 result of the energy audit 7. Hvbrid Vehicle Purchase No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Prepare purchase order for five Vehicles ordered hybrid vehicles following the 1 2 procurement procedures outlined in 10 CFR 600. 2 Finalize purchase of vehicles and Vehicles arrive 2 6 arrival 3 Paint and decal vehicles Vehicles painted and decaled to increase awareness of alternative 6 7 fuel vehicles 4 Conduct a training workshop for Workshops and training completed 8 11 drivers and maintenance staff 5 Final Report Submit a report to the Commission 12 12 includingphotographs of the hybrid Grant Agreement No. ARSO 10, Page 17 of 65 ATTACHMENT A GRANT WORK PLAN vehicles, records of savings and invoices Grant Agreement No. ARSO10, Page 18 of 65 ATTACHMENT A GRANT WORK PLAN 8. Replacement of Street Lighting Poles No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Select a vendor following the Electrician selected procurement procedures outlined 1 3 in 10 CFR 600, for electricians to retrofit 90 existing poles 2 Obtain quotes for the purchase of Solar light fixtures purchased 3 4 solar powered light fixtures 3 Identify existing underground Sites prepared for installation utilities and mark sites for new 3 8 poles 4 Installation of new light poles Light poles installed 4 8 5 Final Report Submit a report to the Commission including photographs of the 9 9 installed street lighting poles, utility bills and invoices Grant Agreement No. ARSO 10, Page 19 of 65 ATTACHMENT A GRANT WORK PLAN G. PROJECT BUDGET: The budget below summarizes the project by Funding Category. All dollar amounts are rounded to the nearest whole dollar value. Cost Share: Matching Funds and Funding Category Grant Funds Other In -Kind Contributions Funding Source of Funds 1. Salaries $109,614.00 $270,831.52 Monroe County, Habitat for Humanity, OF/GITF, City of Key West GR, City of Marathon GR, UF, Islamorada GR 2. Fringe Benefits $32,884.00 Monroe County, UF, City of Key West GR, $76,096.27 Islamorada GR 3. Travel (if authorized) $0.00 $7,549.00 Monroe County 4. Supplies/Other $8,125.00 Monroe County, Habitat for Humanity, Green Expenses $83,663.00 Living and Energy Education Inc, City of Key West GR, Islamorada GR 5. Equipment $ 111,875.00 $0.00 Keys Energy Services, Federal Tax Credit 6. Contractual Services $2,424,790.00 Monroe County, NexGENergy, Environmental $164,757.00 Education Foundation, KEYS Energy, City of Marathon GR, Cameron -Cole LLC 7. Indirect (if authorized) $0.00 $0.00 N/A Total Project Budget $2,687,288.00 $602,896.79 Total Project Cost $3,290,184.79 = Grants Funds + Cost Share Cost Share Percentage 18.3% = Cost Share / Total Project Cost H. TOTAL BUDGET BY TASK: The project budget below summarizes the project by Project Task. Project Tasks correspond to the "Project Description' section. All dollar amounts are rounded to the nearest whole dollar value. Cost Share: Matching Funds and Project Task Grant Funds Other In -Kind Contributions Matching Source Funds 1 Complete Residential Solar $130,000.00 $47,281.00 Monroe County, Habitat for Humanity Water Heater 2 Complete Energy $30,000.00 $105,661.00 OF/GITF, Monroe County, Green Living Education and Outreach and Energy Education, Inc, Environmental Education Foundation 3 Complete Ball Park Light $744,790.00 $113,985.42 City of Key West, KEY Energy Retrofit 4 Complete GHG Inventory, $400,000.00 $110,972.89 City of Marathon Audit and Lighting 5 Complete EECS $20,000.00 $96,364.48 UF, Monroe County, Cameron -Cole LLC 6 Complete County Facilities $700,000.00 $69,400.03 Monroe County Audit and Retrofit 7 Complete Purchase of $120,000.00 $4,78100 Monroe County Hybrid Vehicles 8 Complete Solar Park $400,000.00 $48,243.00 Islamorada Lighting 9 Ongoing Project Admin $142,498.00 $7,591.00 Monroe County and Reporting Totals: $2,687,288.00 $602,896.79 Total Project Cost: = Grant Funds + Cost Share $3,290,784.79 Grant Agreement No. ARSO 10, Page 20 of 65 ATTACHMENT A GRANT WORK PLAN I. BUDGET DETAIL: Using the definitions provided below, the detailed, line -item budget clarifies the Budget Summary shown in Section G. Budget Category Sub -Totals have been rounded to the nearest whole dollar value. Up to 10% of grant funds may be used for administrative costs, excluding the cost of meeting reporting requirements of the program. Administrative costs are defined as: allowable, reasonable, and allocable Direct and Indirect costs related to overall management of the awarded grant (including travel). For each budget line -item, the appropriate column identifies if the cost is: 1) Grant or Match, 2) a Direct cost used to calculate Indirect Costs (if approved) and 3) whether the cost is Administrative in nature. A description of what is required for each budget category is as follows: 1. Salaries - Identify the persons to be compensated for work on this project by name (if known), position, and title. Show the hourly cost and total hours to be charged for each person or position. Divide annual salaries by 2080 hours and nine month academic salaries by 1560 hours, to find the hourly rate. 2. Frinjee Benefits - Multiply the rate by the total salaries to which fringe benefits apply. If the rate is variable, explain and show calculations. 3. Travel - List trips by their purpose and/or destination. Indicate the number of days for each trip. The Commission will only reimburse for travel at the appropriate State of Florida rate (Section 112.061, Florida Statutes), using the forms referenced in Attachment B, Payment Request Summary Form. Be prepared to provide the Commission with details on costs utilized to calculate the "Amount Budgeted" for each trip. 4. Supplies & Other Expenses - List expendable supplies by category description, unit costs and quantity. List other expenses not included in any of the above categories. Examples would be printing, copying, postage, communications, etc. Non -expendable equipment valued at less than $1,000 may be listed also. Include only expenses directly related to the project, not expenses of a general nature. For Match only, list costs related to donated real property such as land (not to exceed the fair market value of the property). 5. Equipment - List non -expendable personal property/equipment valued at $1,000 or more by description, unit cost, and quantity. Computers and data-processing equipment should be described in detail. 6. Contractual Services - Subcontractors should provide the same information required by this budget table, with the following exceptions: (a) when professional services are provided at a pre-existing approved rate or fee shown on the budget; or (b) the subcontract is to be obtained competitively. For either (a) or (b), show an estimated maximum amount. 7. Indirect Costs/Rate — Indirect Costs are not authorized. 8. Total Budget Category — Show the total of all line -items within a Budget Category. 9. Total Bud—aet - Show the total of all categories. 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W h O U 0 F 0 V d a PC % N v D U 40Cd 0 U —as F� w F� U) W U 00 t+1 4 kf� �c w 0 00 N U 00 co a O_ O Ln z C� G U to Q C7 Grantee: Mailing Address: Grant Agreement No.: Date Of Request: Amount Requested:$. FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Grantee's Representative: Reimbursement Request No.: Reimbursement Period: to Percent Matching Required: PROJECT EXPENDITURES SUMMARY SECTION CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENTS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS 1. Salaries $ $ $ $ 2. Fringe Benefits $ $ $ $ 3. Travel if authorized $ $ $ $ 4. Supplies/Other Expenses $ $ $ $ 5. Equipment $ $ $ $ 6. Contractual Services $ $ $ $ 7. Indirect Costs if authorized $ $ $ $ TOTAL AMOUNT EXPENDED $ $ $ $ Less Retainage* 10% of TOTAL AMOUNT EXPENDED $ $ TOTAL AMOUNT TO BE REIMBURSED $ $ AGREEMENT AMOUNT $ $ Less TOTAL AMOUNT EXPENDED: $ $ TOTAL AVAILABLE BALANCE $ $ * The cumulative Retainage amount shall be reimbursed on the Final Reimbursement Request, upon approval of the Final Report by the Commission's Grant Manager. GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above is for items that were charged to and utilized Grantee's Representative's Signature Print Name Telephone Number for the above cited grant activities. Grantee's Fiscal Agent Print Name Telephone Number Grant Agreement No. ARS010, Page 29 of 65 - C C C Z • Z 7) Z N Z j >- } -0 } >a - 0 ( -0U Q Q Q Q 'a U -0 U -° U -p U D -0 Z D ° z ° Z . 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FA ce N U 4) Y •co Q Z` O O U CO c •• U N O 0) c to Cl) V) >, •� E �, a 0 N w d Q o O c17:3 d C To a) a c4 p 0 cn v> > x r) W can Cl) ro 7 0) d _c t G U) a) '� C L .... - O a) > a) 3 m o Q) c4 Q to cn coE CG O 1- W 2 U d Q Z c E a) j IZ tZ O `.7 W 0 t 0 7 Z a) wo a 0 E O aa)) a) U a °) m w H > 3 0 m w GO E o 0) o - io aa) ca a) Q a) O •• To : Zea CO coo E 1-0 es- Q CO Li- H Z U) Z - c 7 F N- N M d U) 6 » 7Z � 72 "0 / 0 � / 0 � \� . - -- E ' 7 2 & O / k / a $ / 33 ƒ \ q2 � / 222 / \ / ƒ \ \ f § c m \ 6 » E _ 70 2 L CI \ _ a r r r r E § c E E' _ / 0ko \ 0 \ 2 Ck % k w -, 0 2 = E ova ca s o q e c t k = 5E / Z = > \ Z E22c t_ - o 0 ) co o 3 o / � � � / \ ° � ° k � � a < p k _ __ a) � k CC ms / J 47, \ ® \ 22 \ } k 2 2 ° \ ® / E k 00 ®\ \ \ \ � - • 0 ° co Cl.) § 2 % ƒ \ § ( ƒ \ / 0 e © m 2 $ § E q / .—. Q. § / a a ' k� 4tk Z LIJ \ / ƒ \ / ƒ � CCE � 0 c ° 0 e © � [ m, k � E ,< c uJZw w S2 $ 2 iik / ? § 22 } } k o < 0 00 00 k @ 0 -- - / z 0 , ' , k g i / « a_ a 7 —, \ o 3 \ < m / w / CO % 7 6 # k z # _ \ / m be c \ = t _ o 2 \ o 7 / 5 m « = 0 \ / } / £ k.\ k. > © o < \ ± E ± 2 ■ \ p y k 2 ... \ \ 3 / E / la= \ � k 0 9 \ k \ \ [ E ) = RU $ ® _ Cl) CL ƒ ® mw . f d / / 6 \ 5 0 ® ` S ® 2 c � c2 0 4-C° t \ / ) 0 o 4) c E _ ± f % £ 2 U % � t w ( 0 ( k 2 Q 4 a C R 00o \ FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the Grantee's agency, as reflected on your Grant Agreement. MAILING ADDRESS: Enter the reimbursement mailing address. GRANT AGREEMENT NO.: This is the six -digit number on your Grant Agreement. DATE OF REQUEST: This is the date the Grantee is submitting the request for reimbursement. AMOUNT REQUESTED: This is the amount on the "TOTAL AMOUNT TO BE REIMBURSED" line for the "AMOUNT OF THIS REQUEST' column. GRANTEE'S REPRESENTATIVE: This is the person identified as Grantee's Representative in the Grant Agreement. REIMBURSEMENT REQUEST NO.: This is the number of the reimbursement request, not the month number. The first reimbursement request submitted shall be number 1 and subsequent reimbursement requests shall be numbered in ascending numerical order. REIMBURSEMENT PERIOD: This is the beginning date (dd/mm/yyyy) and ending date (dd/mm/yyyy) of the reimbursement period. PERCENT MATCHING REQUIRED: Enter the Match requirement here, as reflected on the approved Attachment A, Grant Work Plan. PROJECT EXPENDITURES SUMMARY SECTION "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount paid during the reimbursement period. Provide accurate costs and do not round figures to the nearest whole dollar value. All costs included in the reimbursement request must agree with the approved Project Budget in the current Attachment A, Grant Work Plan of your Grant Agreement. Do not request reimbursement for costs that do not have an associated, approved, funded budget category or approved, funded budget line - item in the current Project Budget. Do not claim items that are not specifically identified in the current Budget Detail as reflected in Section I of the current Attachment A, Grant Work Plan. • Enter the column total on the "TOTAL AMOUNT EXPENDED" line. The figures reflected for each approved budget category must correspond with the budget category amount reflected on the associated Grant Reimbursement Detail Form. • For the "Less Retainage" line, calculate 10% of the "TOTAL AMOUNT EXPENDED" for this reimbursement request; this figure must be shown in brackets (e.g. <$X,XXX.XX>) to reflect that the amount will be deducted from the "TOTAL AMOUNT EXPENDED ". • For the "TOTAL AMOUNT TO BE REIMBURSED" line, deduct the "Less Retainage" amount from the "TOTAL AMOUNT EXPENDED". • For the "AGREEMENTAMOUNT', enter the total amount of the Grant Agreement. For the "Less TOTAL AMOUNT EXPENDED" line, enter the total amount expended as reflected on this reimbursement request and all previous reimbursement requests. • For the "TOTAL AVAILABLE BALANCE" line, deduct the "Less TOTAL AMOUNT EXPENDED" amount from the "AGREEMENT AMOUNT". • For on] the Final Reimbursement Request, the Grantee may request reimbursement of all previously deducted Retainage on the condition that the Final Report for the project has been submitted and approved by the Commission's Grant Manager. To request reimbursement of Retainage, reflect the cumulative amount of Retainage as a positive figure (no brackets) in the "Less Retainage" line and add it to the "TOTAL AMOUNT EXPENDED" to reflect the final "TOTAL AMOUNT TO BE REIMBURSED" amount. "TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts previously submitted for reimbursement to date for each approved, funded budget category. Provide accurate costs and do not round figures to the nearest whole dollar value. On the "Less Retainage" line, enter the total cumulative amount of Retainage deducted from all reimbursement requests. On the "TOTAL AMOUNT TO BE REIMBURSED" line, deduct the cumulative "Less Retainage" amount from the cumulative "TOTAL AMOUNT EXPENDED". The Final Reimbursement Request must show the total of all reimbursements; first through the final reimbursement (this amount cannot exceed the approved, funded budget amount for each budget category). Enter the column total on the "TOTALS" line. Grant Agreement No. ARSO10, Page 34 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 "MATCHING FUNDS" COLUMN: Enter the amount documented as Match for the reimbursement period. Provide accurate costs and do not round figures to the nearest whole dollar value. This needs to be shown under specific budget categories according to the currently approved Attachment A, Grant Work Plan. • Enter the total for all budget categories on the "TOTAL AMOUNT EXPENDED" line for this column. • Enter the total Match budget amount on the "AGREEMENT AMOUNT' line for this column. This amount must correspond with the minimum Match amount specified in Section 4.A of the Grant Agreement and as reflected on the currently approved Attachment A, Grant Work Plan. • Enter the total cumulative amount of this and any previous Match documented on the "LESS TOTAL AMOUNT EXPENDED" line for this column. • Deduct the "LESS TOTAL AMOUNT EXPENDED" from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL AVAILABLE BALANCE" line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount documented to date for Match by budget category. Enter the total of all budget categories on the line titled "TOTALAMOUNT EXPENDED." The Final Reimbursement Request must reflect the total of all documented Match, beginning with the first Match documentation through the final Match documentation, etc. The proportion of cumulative Matching funds as of the final Match documentation must equate to the Cost Share Percentage as reflected on the current, approved Attachment A, Grant Work Plan of the Grant Agreement. If insufficient "TOTAL CUMULATIVE MATCHING FUNDS" are submitted, the Final Reimbursement Request of grant funds shall be reduced to ensure that the Cost Share Percentage GRANTEE CERTIFICATION: The Payment Request Summary Form must be signed by both the Grantee's Representative as identified in the Grant Agreement and the Grantee's Fiscal Agent to be approved for reimbursement. NOTE: If requesting reimbursement for travel, you must include copies of all travel receipts and a copy of the Commission's properly completed travel reimbursement form (in the format approved by the Department of Financial Services, Chief Financial Officer) that has been signed by both the traveler and the traveler's supervisor. Grant Agreement No. ARSO10, Page 35 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 INSTRUCTIONS FOR COMPLETING GRANT REIMBURSEMENT DETAIL and MATCH DOCUMENTATION DETAIL Provide a detailed, line -item description using the worksheet provided for each Budget Category of funds Grantee is requesting for reimbursement or documentation of Match. Costs listed on the Grant Reimbursement Detail must reflect information on supporting documentation, must correspond with the approved Project Budget, the Payment Request Summary Form — Project Expenditures Summary Section and accompanying supporting documentation. The description of each line -item must include the month and year that the item was received; this month and year must fall within the Reimbursement Period. Any line -item with a corresponding month and year prior to the Reimbursement Period must be accompanied by a statement that this cost was not included in a prior Reimbursement Request. For each budget line -item, identify if the cost is: 1) Grant or Match, 2) a Direct cost used to calculate Indirect Costs (if approved), and 3) whether the cost is Administrative in nature. Provide accurate costs and do not round the amounts to the nearest whole dollar value. Supporting documentation for each amount for which reimbursement is being requested must: 1) list the item that has been paid for, 2) be submitted in the order in which items are shown on the Grant Reimbursement Detail and the Match Documentation Detail and 3) be either highlighted or circled. Check numbers may be provided in lieu of copies of the actual checks. If an item was purchased with a credit card, reflect "paid by credit card" on Grant Reimbursement Detail or the Match Documentation Detail, in lieu of a check number and provide vendor receipt reflecting that the item was paid by credit card (this can be hand written) along with a copy of related credit card statement (credit card number and other confidential information may be blacked out). Each piece of documentation must clearly reflect the dates of service. Only expenditures for budget categories and budget line -items in the approved Project Budget will be reimbursed or documented as Match. Listed below are the types of documentation and examples of minimum requirements. (1) Salaries: A payroll register or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the Grant Agreement specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, including submission of the claim on the approved state travel form that has been signed and dated by the traveler and the traveler's supervisor and copies of all travel receipts must also be attached. For additional information on documentation of travel costs, contact the assigned Commission Grant Manager. (4) Supplies - Other Expenses: Reimbursement will be made based on paid invoices/receipts. (5) Equipment: Reimbursement will be made based on paid invoices/receipts. Attachment J, Property Reporting Form, must be properly completed, signed and attached to the Attachment B, Payment Request Summary Form for each item of equipment requested for reimbursement or match documentation. (6) Contractual Services: Reimbursement will be made based on paid invoices/receipts. Subcontractors must be listed on Attachment C, Monthly Progress Report, for the corresponding reimbursement period. (7) Indirect Costs: If the Grant Agreement allows recovery of Indirect Costs, the calculation of these costs must be based upon direct costs reflected in the corresponding reimbursement period, utilizing the Indirect Cost rate in the approved Project Budget. Grant Agreement No. ARSO10, Page 36 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT C MONTHLY PROGRESS REPORT STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARD Grant Agreement No.: ARS010 Grantee Name: Grantee Address: Grantee's Representative: Telephone No.: Monthly Reporting Period: Project Number and Title: A. Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) B. Provide an update on the number of jobs created or retained, quantify the reduction of greenhouse gasses and the energy saved in kWh or BTU. C. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Grant Agreement No. ARSO10, Page 37 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 D. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. E. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) F. Provide a project Grant Budget update, comparing the Grant Project Budget to actual costs to date. Grant Grant Grant Budget Total Grant Expenditures Expenditures this Grant Project Category Project Prior to this Reporting Period Funding Balance Budget Reporting Period 1. Salaries 2. Fringe Benefits 3. Travel (if authorized) 4. Supplies/Other Expenses 5. Equipment 6, Contractual Services 7. Indirect Costs (if authorized) 8. Total of all Grant Budget Categories Grant Agreement No. ARSO10, Page 38 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 G. Provide a project Match Budget update,comparing the Match Project Budget to actual costs to date. Match Match Match Budget Total Match Expenditures Expenditures this Match Project Category Project Prior to this Reporting Period Funding Balance Budget Reporting Period 1.Salaries 2.Fringe Benefits 3.Travel(if authorized) 4.Supplies/Other Expenses 5.Equipment 6,Contractual Services 7.Indirect Costs (if authorized) 8.Total of all match Budget Categories H. REPORTING Activities: IGRANT MANAGER NOTE: All of the tables below may not be required for this Agreement: Please choose the appropriate metric(s)for the funded activity and include only the appropriate tables for each Agreement on a project to project basis.] Building Retrofits Building Energy Audits Number of Number of Buildings Audits Retrofitted Performed Floor Space Sq. Ft.Retrofitted Audited Auditor's Projection of Energy Saved Grant Agreement No.ARS010,Page 39 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 Loans,Grants and Renewable Energy Incentives Market Development Number of Solar Number of Loans Energy Systems Given Installed Total Capacity Monetary value of of Solar Energy Loans Given Systems Number of Wind Number of Grants Energy Systems Given Installed Total Capacity Monetary value of of Wind Energy Grants Given Systems Number of other Renewable Energy Systems Installed Total Capacity of other Renewable Energy Systems Grant Agreement No.ARS010,Page 40 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 Workshops,Training Transportation and Education Number of Workshops, Number of Training and Alternative Fuel Education Vehicles Purchased Sessions Held Number of People Attending Workshops, Number of Vehicle Training and Conversions to Education Alternative Energy Sessions Number of New Alternative Fueling Stations Number of Carpools and Vanpools Formed Jobs Created Number of Energy Number of Efficient Traffic Direct Jobs Signals Installed Created Number of Street Lane Miles for which Synchronized Number of Traffic Signals Indirect Jobs were Installed Created Actual Worker Head Count Number of FTE Job Equivalents Grant Agreement No.ARS010,Page 41 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 Renewable Energy Capacity and Energy Savings Generation Amount of Reduction in photovoltaic Natural Gas generating Consumption capacity (mmcf) installed(MW) Amount of Reduction in electricity Electricity generated from Consumption photovoltaic (MWh) systems(MWh) Amount of electric generating capacity from Reduction in other renewable Electricity Demand sources installed (MW) (MW) Amount of Reduction in electricity Natural Gas generated from Consumption other renewable (mmcf) sources(MWh) Reduction in Fuel Oil Consumption (gallons) Reduction in Propane Consumption (gallons) Emission Reductions Reduction in Gasoline and Tons Carbon Diesel Emission Consumption Reduction(CO2 (gallons) Equivalent) Tons of Sulfur Amount of wind- Dioxide powered electric Emission generating capacity Reduction(CO2 installed Equivalent) Amount of electricity Tons of Nitrogen generated from Oxide Emission wind systems Reduction(CO2 (MWh) Equivalent) Tons of Carbon Monoxide Emission Reduction(CO2 Equivalent) I. SUBCONTRACTOR LIST Grant Agreement No.ARS010,Page 42 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO.ARS010 The Grantee may subcontract work under this Grant Agreement without the prior approval of the Grant Manager,upon the condition that each Monthly Progress Report must contain a current list of subcontractors,as required in Section 18.A of the Grant Agreement. *I rantee does not have subcontractors,please state 'None'below ginill*Name o Current Total Amount Description of Wo Subcontractor $Address of each Subcontract Performed, J. MINORITY/WOMAN/SERVICE-DISABLED VETERAN-OWNED BUSINESS LIST The Grantee is encouraged to use small businesses,including minority,woman and service-disabled veteran- owned businesses as subcontractors under this Grant Agreement. As required in Section 18.0 of the Grant Agreement,the Grantee is required to report information concerning their use of such businesses in each Monthly Progress Report. *If grantee does not have any subcontracts with minority/woman/service-disabled veteran-owned businesses,please state `None'below Total Amount WNW Type of Business Paid to Business Description of (Minority, during this Goods/Services Woman, Name of Reporting Reporting provided by Service-disabled Business Address Period(month) Period Business veteran-owned) This report is submitted in accordance with the reporting requirements of Grant Agreement No.ARS010 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Representative Date Grant Agreement No.ARS010,Page 43 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT D SPECIAL AUDIT REQUIREMENTS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS The administration of resources awarded by the Florida Energy and Climate Commission (hereinafter referred to as the "Commission") to the recipient (hereinafter referred to as the "grantee" or "recipient'), may be subject to audits and/or monitoring by the Commission, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Commission staff, limited scope audits as deemed by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1. the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. Grant Agreement No. ARS010, Page 44 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97, Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non - state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. The recipient must include the record keeping requirements found herein in subcontractor agreements entered into for work required under terms of this Agreement. In the executed subcontract, the recipient shall provide each subcontractor of state financial assistance the information needed by the subcontractor to comply with the requirements of Section 215.97, Florida Statutes. Pursuant to Section 215.97, Florida Statutes, the recipient shall review and monitor subcontractor audit reports and perform other procedures as specified in the agreement with the subcontractor, which may include onsite visits. The recipient shall require subcontractors, as a condition of receiving state financial assistance, to permit the independent auditor of the recipient, the Commission, the Chief Financial Officer, the Chief Inspector General and the Auditor General access to the subcontractor's records and independent auditor's working papers as necessary to comply with the requirements of Section 215.97, Florida Statutes. 5. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at httys://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: The Florid Legislature's Website at htti)://www.leg.state.fl.us/Welcome/index.cfin, the State of Florida's website at http://www.myflorida.com/, the Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audge . PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Florida Energy and Climate Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399-0001 Grant Agreement No. ARSO10, Page 45 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399-0001 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Florida Energy and Climate Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399-0001 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow access to such records upon request by the Commission or its designee, Chief Financial Officer or Auditor General. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Commission. Grant Agreement No. ARSO10, Page 46 of 65 0 o O CL f`1 O M "U Q 00 00 b 0000 w c' •O N � H 40 O h U U A. 0 aui W d En L U Z 00 a a .40 V V W � U � O 40 Fr � N d Q m cn p ) a � o o w 40 w w 0 :; • O �U Vi Q� R L a 6� W 'b y 6� u p 0 a p fr d Q � U w O +r y �y C O U a d Q U � L p a yV W � 6! V � w d a� a w a z 0 aU Q O rl N O O V 6> � � 0 p � a U N a� H Q p Q O w � U � o � 0 w y .y p O U a� w � � O U Z d w a a .V �y W N U 4. � w 3 d O aCo tx a z cn 00 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT E FEDERAL REGULATIONS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Formal regulations concerning administrative procedures for USDOE grants appear in Title 10 of the Code of Federal Regulations. Grant program administrative regulations appear in Part 600. Other USDOE regulations also impact grant programs. The following list contains regulations and Office of and Bud et Circulars which may apply to the work performed under this Agreement. -Management 2 CFR 176 Award Terms for Assistance Agreements that include funds under the American Recovery and Reinvestment Act of 2009, Public Law 111-5 2 CFR 901 Nonprocurement Debarment and Suspension 10 CFR 600 Financial Assistance Rules 10 CFR 601 New Restrictions on Lobbying 10 CFR 607 Government wide requirements for drug -free work place (financial assistance) 10 CFR 1039 Uniform relocation assistance and real property acquisition for federal and federally assisted programs 10 CRF 1040 Nondiscrimination in Federally Assisted Programs or Activities 10 CFR 1041 Enforcement of Nondiscrimination on the basis of handicap in programs or activities conducted by USDOE 10 CFR 1042 Nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance Other Federal Regulations 45 CFR Subtitle A — Appendix E to Part 74 Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals 48 CFR 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal agency Office of Management and Budget Circulars A-21 Cost Principles for Educational Institutions A-87 Cost Principles for State, Local, and Indian Tribal Governments A-102 Grants and Cooperative Agreements with State and Local Governments A-110 Uniform Administrative Requirements for Grants and Agreements With Institutions of Hi her Education, Hospitals, and Other Non -Profit Organizations A-122 Cost Principles for Non -Profit Organizations A-133 Audit Requirements Grant Agreement No. ARSO10, Page 48 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT F FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTOR PROVISIONS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS All subgrants and contracts awarded by the Grantee, including small purchases, shall contain the following provisions as applicable: Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 10 CFR part 600.325, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Grant Agreement No. ARSO10, Page 49 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 6. Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act, (42 U.S.C. 300h-3(e)) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act, (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) which may apply. 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provision of the Hatch Act (5 U.S.C. 1501 — 1508 and 7324 — 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Grant Agreement No. ARSO 10, Page 50 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EP 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.) 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm bloodied animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 21. Assist the Commission in complying with the State Energy Conservation Program as described in the Code of Federal Regulations, Title 10, Parts 420 and 450 and guidance issued by the U.S. Department of Energy and subsequent guidance issued by the U.S. Department of Energy; the Financial Assistance Rules described in Title 10, Part 600, as well as those regulations concerning the use of oil overcharge recovery funds. 22. The Commission reserves the right to transfer equipment acquired under this grant as provided in Title 10, Part 600.117. The Recipient can obtain a release of this right upon application containing certain commitments. 23. Compliance with the Buy American Act (41 U.S.C. 10a-10c) By accepting funds under this Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933, popularly known as the "Buy American Act." The Grantee should review the provisions of the Act to ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement should be American -made. 24. Preservation of open and competition and government neutrality towards contractors' labor relations on federally funded construction projects a. Unless in conflict with State or local laws, you must ensure that bid specifications, project agreement, or other controlling documents in construction contracts awarded pursuant to this agreement, or pursuant to a subaward to this agreement, do not: 1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction project(s); or Grant Agreement No. ARSO10, Page 51 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 2. Otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related construction project(s). b. The term "construction contract" as used in this provision means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. c. Nothing in this provision prohibits bidders, offerors, contractors, or subcontractors from voluntarily entering into agreements with labor organizations. 25. Compliance with the provision included in Title XV and Title XVI of Public Law 111-5, the American Recovery and Reinvestment Act of 2009. 26. Segregation of Costs — Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track, and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. 27. False Claims Act — Recipient and sub -recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principle, employee, agent, contractor, sub -grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. Grant Agreement No. ARSO10, Page 52 of 65 2. 3. FLOP-IDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 ATTACHMENT G CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS The undersigned hereby 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. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal. State or local) transaction or contract under a public transaction; violation of Federal or State and -trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this Sth Grant Agreement No. ARSO I I 'hyped Namelritle Monroe County BOCC Recipient's Firm Name 1100 Simonton Street Street Address 2-213 Building, Suite Number Key West, FL 33040 City/StatuZip Code FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, Florida Energy and Climate Commission (Commission) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to whom this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Commission or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Commission or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Grant Agreement No. ARSO10, Page 54 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT H Intellectual Property Provisions (NRD-1003) Nonresearch and Development STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and (d). All other organizations are subject to the intellectual property requirements at 10 CFR 600.136(a) and (c). 600.136 Intangible property. (a) Recipients may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. USDOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work for Federal purposes, and to authorize others to do so. (c) USDOE has the right to: (1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. (d)(1) In addition, in response to a Freedom of Information act (FOIA) request for research data relating to published research findings produced under an award that were used by the Federal Government in developing an agency action that has the force and effect of law, the USDOE shall request, and the Recipient shall provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the USDOE obtains the research data solely in response to a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect the costs incurred by the agency, the recipient, and applicable subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.C. 552(a)(4)(A)). Grant Agreement No. ARSO10, Page 55 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT I DISCLOSURE OF LOBBYING ACTIVITIES STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Approved by OMB 0348-0046 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement C. post -award d. loan For Material Change Only: e. loan guarantee f. loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier if known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, ifapplicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): (attach Continuation Sheet(s) SF-LLLA, if necessary) Signature: 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material Print Name: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Title: Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil Telephone No.: Date: penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form — LLL (Rev 7 — 97) Grant Agreement No. ARS010, Page 56 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. Grant Agreement No. ARSO10, Page 57 of 65 o t N v E o m o�yi o c E d Q O N yU v m i � L R +O+ CC) N N y C N a 7 yay '= # N Q d m 4 a 2 M �O O l C v O 7 ac � c c Q2�'� 0 E O Y yU 6 N a+ Q O O c � C 0 a!� E (l d y y at...L..+ � m v c � Q E O d mc a CA C C, o M -Z U-6o U aEi 0 rn•- �Q o c cU E� O c u c aw ECL m E v�o m v v a) c y c o C n XL O i G/ :3 a—O a �Tmo N � � C _2 i C QQ O 0 am W� Paz a LU U N W 0 Q z Z W z ui W 0 �0 y f W Z � W 1?O M O W FZi �rZW�.1 ~� IL Q IL W {My V' d iy O� x � 4 � W �i. Q M y 0 to Z $o LU Z Z`W O �fE�O -e LU 2z IL , Z zzu W g (A "'C W O o Mlu cc HAW U. Om31 3 t6 Z W 0 8 m <o o� cs M z_P z z ce� W Z Z�� F�F~Z Zui< fWW. ai fp M W (n 6 cm G1 4 m tz c i C �o t7 C7 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT K ANNUAL REPORT STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARD Grant Agreement No.: ARSO10 Grantee Name: Grantee Address: Grantee's Representative: Telephone No.: Annual Reporting Period: Project Number and Title: A. Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) B. Provide an update on the number of jobs created or retained, quantify the reduction of greenhouse gasses and the energy saved in kWh or BTU. C. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Grant Agreement No. ARSO10, Page 59 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 D. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. E. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) F. Provide a project Grant Budget update, comparing the Grant Project Budget to actual costs to date. Grant Grant Grant Budget Total Grant Expenditures Expenditures this Grant Project Category Project Prior to this Reporting Period Funding Balance Budget Re ortin Period 1. Salaries 2. Fringe Benefits 3. Travel (if authorized) 4. Supplies/Other Expenses 5. Equipment 6, Contractual Services 7. Indirect Costs (if authorized 8. Total of all Grant -Budget Categories Grant Agreement No. ARSO10, Page 60 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 G.Provide a project Match Budget update,comparing the Match Project Budget to actual costs to date. Match Match Match Budget Total Match Expenditures Expenditures this Match Project Category Project Prior to this Reporting Period Funding Balance Budget Reporting Period 1.Salaries 2.Fringe Benefits 3.Travel(if authorized) 4.Supplies/Other Expenses 5.Equipment 6,Contractual Services 7.Indirect Costs (if authorized) 8.Total of all match Budget Categories H. REPORTING Activities: /GRANT MANAGER NOTE: All of the tables below may not be required for this Ae'reement. Please choose the appropriate metric(s)for the funded activity and include only the appropriate tables for each Agreement on a project to project basis.) Building Retrofits Building Energy Audits Number of Number of Buildings Audits Retrofitted Performed Floor Space Sq.Ft.Retrofitted Audited Auditor's Projection of Energy Saved Grant Agreement No.ARS010,Page 61 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO.ARS010 Loans,Grants and 1' newable Energy Incentives arket Development Number of Solar Number of Loans Energy Systems Given Installed Total Capacity Monetary value of of Solar Energy Loans Given Systems Number of Wind Number of Grants Energy Systems Given Installed Total Capacity Monetary value of of Wind Energy Grants Given Systems Number of other Renewable Energy Systems Installed Total Capacity of other Renewable Energy Systems Grant Agreement No.ARS010,Page 62 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO.ARS010 ponnui Workshops,Training Transportation and Education Number of Workshops, Number of Training and Alternative Fuel Education Vehicles Purchased Sessions Held Number of People Attending Workshops, Number of Vehicle Training and Conversions to Education Alternative Energy Sessions Number of New Alternative Fueling Stations Number of Carpools and Vanpools Formed Jobs Created Number of Energy Number of Efficient Traffic Direct Jobs Signals Installed Created Number of Street Lane Miles for which Synchronized Number of Traffic Signals Indirect Jobs were Installed Created Actual Worker Head Count Number of FTE Job Equivalents Grant Agreement No.ARS010,Page 63 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO.ARS010 . . Renewable Energy Capacity and Energy Savings Generation Amount of Reduction in photovoltaic Natural Gas generating Consumption capacity (mmcf) installed(MW) Amount of Reduction in electricity Electricity generated from Consumption photovoltaic (MWh) systems(MWh) Amount of electric generating capacity from Reduction in other renewable Electricity Demand sources installed (MW) (MW) Amount of Reduction in electricity Natural Gas generated from Consumption other renewable (mmcf) sources(MWh) Reduction in Fuel Oil Consumption (gallons) Reduction in Propane Consumption (gallons) mission Reductions Reduction in Gasoline and Tons Carbon Diesel Emission Consumption Reduction(CO2 (gallons) Equivalent) Tons of Sulfur Amount of wind- Dioxide powered electric Emission generating capacity Reduction(CO2 installed Equivalent) Amount of electricity Tons of Nitrogen generated from Oxide Emission wind systems Reduction(CO2 (MWh) Equivalent) Tons of Carbon Monoxide Emission Reduction(CO2 Equivalent) Grant Agreement No.ARS010,Page 64 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 I. SUBCONTRACTOR LIST The Grantee may subcontract work under this Grant Agreement without the prior approval of the Grant Manager,upon the condition that each Monthly Progress Report must contain a current list of subcontractors,as required in Section 18.A of the Grant Agreement. *If grantee does not have subcontractors,please.state 'None'below Name of Current Total Amount Description of Work Subcontractor Address of each Subcontract Performed J. MINORITY/WOMAN/SERVICE-DISABLED VETERAN-OWNED BUSINESS LIST The Grantee is encouraged to use small businesses, including minority, woman and service-disabled veteran- owned businesses as subcontractors under this Grant Agreement. As required in Section 18.0 of the Grant Agreement,the Grantee is required to report information concerning their use of such businesses in each Monthly Progress Report. *If grantee does not have any subcontracts with minority/woman/service-disabled veteran-owned businesses,please state '?'one'below Total Amount Type of Business Paid to Business Description of (Minority, during this Goods/Services Woman, Name of Reporting Reporting provided by Service-disabled Business Address Period(month) Period Business veteran-owned) This report is submitted in accordance with the reporting requirements of Grant Agreement No. ARS010 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Representative Date Grant Agreement No.ARS010,Page 65 of 65