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03/16/2011 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: April 1, 2011 TO: Lisa Tennyson Grants Management FROM: Pamela G. Hanco k, C. At the March 16, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C29 Contract and Waiver of Purchasing Policy for the Contract with Cameron -Cole LLC, to develop and prepare Energy Efficiency and Conservation Strategy for the County. The amount of the contract is $20,000 and is fully funded from the $3.3 M Grant Agreement ARS 010 (Energy Grant), with State of Florida. The company will contribute an additional $14,000 in match funding under the grant agreement. Enclosed are two duplicate originals of the above -mentioned for you handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File/ AGREEMENT BETWEEN CAMERON-COLE, LLC AND MONROE COUNTY FOR DEVELOPMENT OF ENERGY EFFICIENCY AND CONSERVATION STRATEGY UNDER GRANT AGREEMENT # ARSO10 THIS AGREEMENT is made and entered into this /d Z& day of M&&<A , 2011, by and between the MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 ("COUNTY"), and the CAMERON-COLE, LLC, whose address is 200 E. Government Street, Suite 100, Pensacola, Florida 32502 ("CAMERON"). WHEREAS, the STATE OF FLORIDA, EXECUTIVE OFFICE OF THE GOVERNOR, FLORIDA ENERGY COMMISSION ("STATE") has entered into a Grant Agreement #ARSO10 ("Grant Agreement") with the COUNTY to provide financial assistance for the Energy Efficiency and Conservation Project in which the COUNTY is the named grantee on the Grant Agreement, and WHEREAS, the United States Department of Energy (USDOE) awarded funding to the STATE pursuant to USDOE through American Recovery and Reinvestment Act (AARA) Grant Agreement No. DE-E0000241, and WHEREAS, the COUNTY and the CAMERON desire to develop a energy efficiency and conservation strategy, which would assist the COUNTY to improve energy conservation for the citizens of the COUNTY, and WHEREAS, the CAMERON has agreed to develop an energy efficiency and conservation strategy, which will meet the requirements of the Grant Agreement, and WHEREAS, CAMERON acknowledges that COUNTY will serve as the grantee/recipient under the Grant Agreement, and WHEREAS, CAMERON hereby agrees to abide by the requirements of the Grant Agreement entered into between the STATE and the COUNTY. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and CAMERON agree as follows: INCORPORATION BY REFERENCE. The provisions of that certain document entitled "FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10" (Grant Agreement) and its attachments is incorporated by reference as EXHIBIT A to this agreement and made a part hereof as if fully set forth in the body of the agreement and all laws, rules and regulations relating thereto are also incorporated by reference. 2. SCOPE OF WORK. The Scope of Work is provided on EXHIBIT B to this agreement and made a part hereof as if fully set forth in the body of the agreement. 3. TERM. The agreement shall be completed on or before November 30, 2011. This contract is contingent upon acceptance and review by the State of Florida. DOCUMENT REVIEW AND COMPLIANCE. CAMERON agrees to comply with the Grant Agreement and its attachments in its entirety; references, if any, in this agreement to specific paragraphs of the Grant Agreement are for convenience only and are not intended to limit compliance with the Grant Agreement. BUDGET. The budget for this project is a lump sum of Twenty Thousand Dollars ($20,000) payable to CAMERON exclusively from grant funding as specified in the Grant Agreement. CAMERON will contribute Fourteen Thousand One Hundred Dollars ($14,100) in kind matching funds. County is not obligated to pay, any fees or expenses in excess of the amount budgeted for this project under the Grant Agreement. The budgeted amount may only be modified by an affirmative act of the STATE or County's Board of County Commissioners. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. PAYMENT. There will be one lump sum payment, including expenses, of Twenty Thousand Dollars ($20,000) payable to CAMERON exclusively from grant funding as specified in the Grant Agreement. 7. COUNTY RESPONSIBILITY. THE COUNTY will provide the information in its possession regarding the activities outlined in the grant agreement and as requested by CAMERON. The information provided will be the latest information at the time requested and it will be delivered to CAMERON as soon as practical after request, in a format usable to both CAMERON and COUNTY. CAMERON is not responsible for the accuracy nor the completeness of information provided to it by the COUNTY. COUNTY will be responsible for all necessary arrangements to convene conference calls, and in -person meetings and to provide materials for attendees at meetings. COUNTY will be responsible to inform attendees of activates associated with the development of the EECS. NOTICES. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Lisa Tennyson 1100 Simonton Street The Gato Building Key West, Fl. 33040 FOR CAMERON: John Bondurant 200 E. Government Street, Suite 100 Pensacola, Florida 32502 9. PERSONNEL AND LICENSES. CAMERON shall assign only qualified personnel to perform any service concerning the project. CAMERON shall provide to the COUNTY a copy of the business and professional license for all supervisory personnel on the project within 30 days of approval of the agreement by the Board of County Commissioners. 10. DISPUTES. If a dispute arises between COUNTY and CAMERON, they agree to 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. In the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non -prevailing party, and shall include attorney's fees and courts costs in appellate proceedings, as an award against the non -prevailing party. Mediation proceedings initiated and conducted pursuant to this agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. The parties agree that they will not submit any dispute to Arbitration. 11. AMENDMENT AND ASSIGNMENT. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this agreement, unless executed with the same formality as this document with approval of the STATE. This agreement or duties under the Grant Agreement shall not be assignable by either party unless such assignment is first approved by the STATE. 12. INSURANCE. CAMERON shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with One Hundred Thousand Dollars ($100,000.00) combined single limit and One Hundred Thousand Dollars ($100,000.00) annual aggregate. D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CAMERON or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with Five Hundred Thousand Dollars ($500,000.00) per occurrence and annual aggregate. E. Professional liability insurance of Five Hundred Thousand Dollars ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a "claims made" policy, CAMERON shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. County shall be named as an additional insured with respect to CAMERON's liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. CAMERON shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured by including any subsection thereunder. The County reserves the right to require a certified copy of such policies upon request. 13. REPORTING. The Grant Agreement requires various reports, including but not limited to Monthly Progress Reports, Annual Reports, and Final Reports. CAMERON shall complete reports, provide documents or information as requested by COUNTY in the manner described in the Grant Agreement for the project tasks under its control and for its benefit. CAMERON recognizes that failure to comply with the reporting jeopardizes funding for the entire grant for CAMERON and COUNTY. CAMERON agrees to complete Monthly Reports in a timely manner and to provide the reports, documents or information documents or information to COUNTY at least 48 hours before the Monthly report is due from the COUNTY to the STATE, at least 5 calendar days before the Annual documents or information report is due from the COUNTY to the STATE, and at least 5 calendar days before the Final Report is due from the COUNTY to the STATE. Failure by CAMERON to comply with the requirements of the STATE shall result in termination of the agreement and reimbursement to COUNTY by CAMERON of related payments to CAMERON under the grant agreement. 14. COMPLIANCE MONITORING. CAMERON agrees to cooperate with the COUNTY and to participate in any compliance monitoring which may be required pursuant to the Grant Agreement. CAMERON further agrees to provide to the COUNTY the documentation required by the STATE related to CAMERON'S project tasks. 15. ATTESTATIONS. CAMERON agrees to execute such documents as the County may reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 16. INDEPENDENT CONTRACTOR RELATIONSHIP. CAMERON is and shall be an independent contractor in the performance of all work, services, and activities under this agreement and is not an employee, agent or servant of the COUNTY. CAMERON shall exercise control over the means and manner in which it and its employees perform the work and in all respects the CAMERON's relationship and the relationship of its employees to the COUNTY shall be that of an independent contractor and not as employees or agents of the COUNTY. CAMERON does not have the power or authority to bind the COUNTY in any promise, agreement or representation other than such power and authority that is specifically provided for in this agreement. 17. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 18. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 19. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 20. SEVERABILITY. If any term, covenant, condition or provision of this agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this agreement would prevent the accomplishment of the original intent of this agreement. COUNTY and CAMERON agree to reform the agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 21. WAIVER OF PROVISIONS. The failure of either party to this agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this agreement have been duly authorized by all necessary corporate or governmental action, as required by law to be enforceable. Each party agrees that it has had ample opportunity to submit this agreement to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. 23. ENTIRE AGREEMENT. (a) It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereo£(b) Any alterations, amendments, deletions, or waivers of the provisions of this agreement shall be valid only when expressed in writing and duly signed by the parties. 24. NON -WAVER OF IMMUNITY. COUNTY and CAMERON acknowledge that nothing contained herein shall constitute a waiver by COUNTY of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. COUNTY does not agree to hold CAMERON harmless. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of CAMERON and the COUNTY in this agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage by CAMERON shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 25. HOLD HARMLESS. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, CAMERON shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees from and against any claims, actions or causes of action ,including litigation, administrative proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, in connection with a violation of any federal law or regulation that may be asserted against the COUNTY in connection with, (A) the negligence or willful misconduct of CAMERON or any of its employees, agents, contractors or other invitees, or (B) CAMERON' S default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or negligent acts or omissions of the COUNTY or any of its employees. This Section will survive the expiration of the term of this agreement or any earlier termination of this agreement. 26. NO SOLICITATION/PAYMENT. The CAMERON and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CAMERON agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 27. PUBLIC ACCESS. The CAMERON and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CAMERON and COUNTY in conjunction with this Agreement; and the CAMERON shall have the right to unilaterally cancel this Agreement upon violation of this provision by COUNTY. 28. COVENANT OF NO INTEREST. CAMERON and County covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this agreement, and that only interest of each is to perform and receive benefits as recited in this agreement. 29. MAINTENANCE OF BOOKS AND RECORDS. CAMERON agrees to maintain books, records, and documents directly pertinent to performance under the Grant Agreement and this agreement in the same manner as set out in paragraph 17 of the Grant Agreement. CAMERON agrees to provide the books, records and documents to the COUNTY in order for the COUNTY to comply with the Grant Agreement. 30. PUBLIC ACCESS. The COUNTY and CAMERON shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CAMERON in conjunction with this agreement; and the COUNTY shall have the right to unilaterally cancel this agreement upon violation of this provision by CAMERON. Nothing in this section waives attorney/client or attorney work product privilege. 30. RIGHTS RESERVED. Rights not specifically granted to CAMERON by this Agreement are reserved to the COUNTY. IN WITNESS WHEREOF, the parties have caused this agreement to be executed this /6- daV"6r;, AJ�G�t. , 2011. AsT TLSD:. - Y L. KOLHAGE, CLERK By DeDUty Clerk Witness 4 CANER fjvjznq� Print a e: Date: 49 Witness PrintName: cpc N2,41� Date: d 011 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA A If aA;-- By 04 ayor/Chairman Date: 3111,111 For CA RO : By Title U E u iJC fA,910CIZ Print Name: To Date: / #1i xeA ZD// MON OE COUNTY ATTO EY R VED AS TO F NA 4ILEENE V . CASSEL ASSIS PANT 9OUNTY ATTORNEY ete rV a fV GJi :-9 0 T rn c-� 0 lu O EXHIBIT B SCOPE OF WORK 1.0 Introduction Cameron -Cole, LLC (CAMERON) will develop an Energy Efficiency & Conservation Strategy ("EECS") for Monroe County, Florida, designed to meet the requirements of Grant Agreement ARS#010, entered into between STATE OF FLORIDA, EXECUTIVE OFFICE OF THE GOVERNOR, FLORIDA ENERGY COMMISSION and MONROE COUNTY, FLORIDA. CAMERON will attend no more than two in -person meetings: 1) meeting with staff stakeholders, and 2) Presentation of Draft Plan to Green Team. The EECS will apply to and be limited to COUNTY facilities and operations. CAMERON will liaise with the Extension Service Project Leader. All interactions with other COUNTY and non -COUNTY personnel will be the responsibility of the COUNTY. 2.0 Scope of Work Cameron -Cole will develop the Strategy for Energy Efficiency and Conservation ("EECS") for Monroe County, the work will be done in conjunction with an interdisciplinary team of County personnel, known as the "Green Team". The EECS will be written into a meaningful document that is compliant with the requirements of the Grant Agreement ARS#010. The EECS will relate only to those grant tasks that are the responsibility of the COUNTY. The process for creation of the strategy will be as follows: 1. Reconfirm the Scope of the Strategy. 2. Evaluate the existing information and data from the County and its consultants. 3. Summarize key statistics for the County and the energy use and Greenhouse Gas (GHG) baseline from its operations. 4. Conduct a brief benchmark of energy use goals by two (2) other similarly situated counties in Florida. 5. Convene a meeting of stakeholders (Department Heads, Division Directors, or key County staffers) to present this information and seek input on priorities and concerns. 6. Develop draft EECS including (but not limited to) objectives, reduction goals, performance metrics, schedule, summary of initial benefits and those which extend beyond the grant funding. Submit EECS to the Board of County Commissioners (BOCC). 7. Incorporate comments from the BOCC, finalize and submit the EECS. The process shall consist of four specific tasks: Task 1: Kick Off Call CAMERON will conduct a kick-off meeting via conference call with the County "Green Team". The purpose of this call is to introduce the teams, confirm roles and responsibilities, reconfirm the scope of the EECS, discuss the scope of work and schedule, and identify existing information sources/relevant reports. Information and reports (authored by the County or its consultants) required to complete the EECS will be requested at the end of this meeting. CAMERON will also discuss the County's documentation for its operations in the near and long term in the light of increasing energy costs and changing climatic conditions. The County will also be asked to give its impression of public sentiment for transitioning away from fossil -fuel based energy to renewable, and adoption of energy efficiency and conservation measures. TASK 2: Evaluate and Summarize Existing Data and Information After County has provided the requested information, CAMERON will evaluate and summarize the most salient portions for the draft EECS. The County will provide any of the following that it has in its custody: County population, land use (portions of county zoned residential, commercial, incorporated and unincorporated), climate data, County facilities, equipment, energy providers and reports developed outside this agreement by county personnel, which is outside this scope of work. County will provide existing energy use audits, GHG inventories, any information received at the time of evaluation from other projects outlined in the grant. County will provide any prior sustainability reports, strategies, environmental or energy policies, cross jurisdictional efforts and documents or any other relevant information which will be examined and summarized by CAMERON. CAMERON will conduct a limited benchmark of energy use goals by two (2) other similarly situated counties in Florida to provide context for decision -making for the EECS. TASK 3: Solicit Stakeholder Input COUNTY will plan and facilitate a stakeholder meeting with staff stakeholders (Department Heads, Division Directors, or key county staffers) to solicit input of EECS. The County will present the information summarized by CAMERON to attendees. COUNTY will discuss its overall vision for its operations in the future, taking into account the rising costs of energy globally, and potential impacts from rising sea levels that have been projected as a result of climate change. CAMERON will serve as a source of technical information for questions regarding the EECS and some of the information presented that CAMERON evaluated and summarized, including Green House Gas inventories, footprint reduction measures, as they relate to the COUNTY. CAMERON will take notes and provide them to COUNTY after the meeting. TASK 4: Prepare Draft EECS Using information obtained in Tasks 1-3, CAMERON will with cooperation of the Green Team, develop a draft EECS that will serve as a roadmap for achieving the COUNTY's energy use and GHG reduction goals. The EECS will include, but will not be limited to, the COUNTY's long-term vision for its operations; its overall objectives for energy efficiency and conservation; specifically energy use and GHG reduction goals; a prioritized list of planned actions to meet the goals; performance metrics to track progress against goals; a timetable with key performance milestones; and a summary of initial benefits and those which extend beyond the grant funding. As much as possible CAMERON will discuss the potential costs and savings related to the EECS. In order to meet the grant requirements, the EECS will discuss the need for a system to track progress of each grant -funded activity, including milestones and completion dates that can be folded into the overall schedule. It will also call for the establishment of procedures to collect, verify, and report performance data, as appropriate, for each project or activity, during and after project completion. These monitoring procedures, once established, will estimate and report jobs created and retained by each project and activity. CAMERON will submit a draft EECS to the Green Team, who will in turn, present it to the BOCC for their review and input. TASK 5: Finalize and Submit EECS. The Green Team will provide CAMERON with a consolidated markup of the EECS based on BOCC recommendations and input. CAMERON will incorporate BOCC revisions and submit a final version of the EECS to the COUNTY. Clients: 155052 CAMERCOL ACORD. CERTIFICATE OF LIABILITY INSURANCE [DATE 1120w �"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poliCy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). PRODUCER USI Southwest NAME: karen.wagner@usi.biz PHONE 713 490-4600 Three Memorial City °"� "O Arc. No: 713�90�700 840 Gessner, Suite 600 ADDRESS: Houston, TX 77024 CUSTOMER ID 0. INSURED INSURER(S) AFFORDING COVERAGE NAIL • Cameron -Cole, LLC INSURER A: Zurich American Insurance Compa 16535 5777 Central Avenue, Suite 110 INSURERS: Steadfast Insurance Company 26387 Boulder, CO 80301 INSURERC: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NOR alL TYPE OF INSURANCE POLICY NUMBER FOLICY ITMITB OFF POLICY EXP A GENERAL LlAeltm GL0383774308 6/29=10 OW912011 EACH OCCURRENCE s2 00 X COMMERCIAL GENERAL LIABILITY PREMISES Ea eecvrrenca $500 1 CWMS MADE OCCUR MED EXP (Any one pawn) $5,00 PERSONAL A ADV INJURY s2.001 LIMIT APPLIES PER: 3 I I LOC A AuTOMowLE WABILIT1r X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED ALTOS X NON -OWNED AUTOS B X UMBRELLA LIAB N OCCUR EXCESSLUAB CLAIMS DEDUCTIBLE RETENTION A IWORKERS COMPENSATION AND EMPLOYERS• LIABILITY NH) M B ) Professional & rr 22UT.T3-COMP/OPAGG S, S BAP383774708 D • 1 / 6129/2010 I / 06/29/2011 COMBINED SINGLE LIMIT S (En aodderd) BODILY INJURY (Par parson) S BODILY INJURY (Per aoddent) S PROPERTY DAMAGE s (Paraoddent) S S SE0383774808 6/29/2010 06/29/2011 EACH OCCURRFNr:F d WC598280607 0612912010 06/29/2011 X we STATE OTH- IFR WA E.LEACH ACCIDENT $1I E.L. DISEASE - EA EMPLOYEE $1,11 E.LDISEASE -POLICY LIMIT III PEC587779306 6/29/2010 06/29/2011 $10,000,000 Each Claim DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES RE: Development of Energy Efficiency and Con Conservation Strategy under GrantAgreementspom eARA010 Certificate Holder is an Additional Insured for General Liability and Automobile Liability. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe COU THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN r1ty, a political ACCORDANCE WITH THE POLICY PROVISIONS. subdivision of the State of Florida AUTHORIZED REPRESENTATIVE 1100 Simonton Street I Key West -.-FL 33040 01988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD PC5JA EXHIBIT A Grant Agreement #ARS010 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS810 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNTIED STATES DEPARTMENT OF ENERGY AWARDS THIS AGREEMENT is entered into between the STATE OF FLORIDA, EXECUTIVE OFFICE OF THE GOVERNOR (EOG), FLORIDA ENERGY AND CLJMATE COMMISSION whose address is 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001(hereh after referred to as the "Co nmissiod) and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1100 Simonton Street, Key West, FL 33040-3110 (hereinafter referred to es "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 aclmowledge and agree as follows: 1. The United States Department of Energy (USDOE) awarded fimdmg to the Commission pursuant to USDOE through American Recovery and Reinvesmrmt Act (ARRA) Grant Agreement No. DE- EE0000241. The Grantee shall be a sub -grantee of federal financial agAm ore from USDOE. The Grantee is responsible for complying with the appropriste state and federal guidelines in the performance of its activities pratmm to this Agreement. 2. The Grads agrees to perform in accordance with the terms and conditions set forth in this Agreement, its attachments and exbbits named and incorporated by reference. For purposes of this Agreement the teens "Gra,uee" and "Recipient" are used mtMrr.bmgesbiy. 3. This Agreement Shall begin upon execution by both parties and end no later than March 31, 2012, inchudve. If allowed by USDOE, this Ag eema s shall be effective upon cundou for purpose of reimbursement of allowable comb resulting flvm obligations incurred and meeting the test share or match requirements a described in Attachment A. Grant Work Plan. Profit to the anew, or any of its arbgranteea, is prolnIgted by 10 Code of Fedaal Regulations (CFR) Part 600. This Agreenuo may be amended to revise Amcbment A. Grant work Plan, if additional finding is made available by the USDOE and/or the Florida Legislature. 4. A. The Gnow shall be eligible for reimbursement of allowable costs resulting from obligations incurred during the term of this Agreemem. The Commission shall mimbtase the Grantee fa allowable costs on a not more fiequeotly than monthly cost reimbursement basis in an amount not to exceed S2,687,288 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 $M,8% toward the project described in Attachment A. Gram Work Phan. All cost sharing or match shall mot any applicable federal B. Pries wvitten approval from the Commission's Gram Manager shall be required for changes between approved. fuoded 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 lft 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, Grad Work Plan, cannot be accomplished for the tarred estimated project test. If the Commission agrees to a modification of Attachment A, Gram Work Plan, it may be modified not to exceed the awarded fimding identified above. Any such modification would be by formal written amendment, in accordance with Section Grant Alnewwo Na. AMIS, Pap t of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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, formst in dead suffrcum 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 costa, including for the Seal reimbursement request, a described below in paragraph 4.13. 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 fiords. 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 Federal program guidelines for allowable coats 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 luting of agm adittaes made under this Agreement as support for the Payment Request Summary Farm. The listing shall include, at a - a description of the goods or services purchased, date of the transaction, check or voucher number, amount paid and vendor more. All requests for reimbursement of travel ocpenets shaU be in accordance with the travel requirements including mandated farms required by Section 112.061. Flo ids Statutes. E In addition to the mqutkmants contained in paragrapha 4.0 R D above, the Coon may PaiodicaUY nnuat additional proof of a traaaction to evaluste the appropriateness of cow to the Agreement pmsuaat to State of Fkrids guidelines- When requested, this Wmution must be provided within 30 calendar days of such request. S. 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 corder this Agreement. in the event of a State revenue shortfall. whbdrawal of State budget authorisation ssd/or rescission of federd fuaoding, the total fmdleL maybe seduced accordingly. The Commission. in - , n canoe with direction Am the Governor and/or the Florida Legislature, shall be the Seal determiaw of the availability of any Rands. The Grantee sbsU submit, using Attachment C. Monthly Progress Report, monthly updwa. to describe the Project PO. wOrk performed. problems enooumt md. probleso resolution. achedale updates and proposed work for the next reporting period. Attachment B, Payment Request Summary Form may not be submitted more f equemly than on a monthly basis and must be accompanied by an Attachment C, Monthly Progress Report, for the corresponding uncurl. Attachment C, Monthly Progress Reports shall be submitted to the Commission no latex than three calendar days follow mg 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 Maosger shall have ten calendar days to review deliverables and payment requests submitted by the Grantee. The Grantee shall submit an Aural Report 15 calendar days after the end of the first year of the project, if the teem of the project exceeds one year. The Annual Report sbsU provide a narrative detailing and evaluating the accompliabments 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 preject, Projections of estimated energy savings expected to accrue fi+om the project and policy recommendations, which may be helpful in implementing other projects of a similar nature. Pursuant to Grant Arvea M We. ARM11, Pair 2 of a FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSOl0 paragraph 4.C, I OOA 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 inumumity 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 Moodily Progress Reports, but not less than once a year, to ensue Agreement compliance. Monitoring shall inchxK 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 inchtdes a review of all Agreement requirements including the Attachments. The Commission reserves the tight for any Commission staff to make scheduled or unscheduled, announced or unannounced compliance monitoring visits at say site where services are delivered pursuant to thin Agreement. B. For each o -site compliance monitoring visit, Commission Miff will provide an oral out interview and a written monitoring report to the Grantee. C. If issues of son---- .aoce we identified is the monitoring report, a written Corrective Action Plan (CAP) may be required of the Grantee. If requh4 the CAP shall be submitted to the Connnialke's O=0 Manager within ten calendar days of receipt of the monitoring report. If a CAP is required of the Grantee, faibure to cored deficimmes filer thirty calendar days fiom the date -of -receipt of a written moaitociag report nodtmg the deficiencies may result is a d 11 ' 1 . tioa of breach of Agreement and termination of services. If n CAP is not required of the Grantee, the C0esni0doa may proceed under Section 11 and/or Section 14. 11. The Commission may terminate this Agreement at say time is the event of the failure of the Grantee to fulfill say of its obliptions under this Agreement. Prior to termination, the Commission shall provide 30 calendar days written notice of its ham to terminate and shall provide the Grantee anoppornmity to conanit with the Camarission reprdiog the masons) for tMMMUoo. If this Agreement a terminated, the Commission shall only pay for those acts sausli ctorily 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. 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 Cammissioa shall only pay far 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 tammadoo, except as described in Section 14.F. 13. This Agreement may be unilaterally terminated by the Commission for refiunl by the Grantee to allow public access to all documents, papers, letters or other material made or received by the Grantee in cokhniction with this Agreement, unless tba recorde are exempt font Section 24(a), Article I of the Florida Comtidetion and Chapterl 19, Florida Statutes. if this Agreement is terminated, the Commission shall only Pay for thaw acts nushelorily completed under this Agreement prior to due date of termination. The Commission shall not pay the Grantee for any work performed after such termination, except as described in Section 14.F. 14. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State stadrtes, rules or regulations, applicable to this Agreement. the Commission may take one or more of the following actions, as appropriate for the citcuunMnuces. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. Grad Aft No. AR9ale, Pop 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 coat 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 albwAble unless the Commission expressly authorizes then 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 Ercecutive Order 12549, Debarment and Suspension (10 CFR Part 606, later moved to 2 CFR Part 901). the Grantee shall agree and artily that neither it, nor its p+ pas. is presently debarred. ceded, proposed for debarmen, decLred ineligible, or vohhata<ily excluded from participation in this transaction by any Federal department or agency, and, that the Grantee shall not knowingly eater into any lower tier ooatraet, or other covered transaction, with a pecan who is similarly debarred or suspended from participating in this covered transaction, unless authorized m writing by USDOE to the Coon. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of Attachment G. Certification Regarding Debarments, Suspensim Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions. C. As required by paragralhhs A and B above, the Crrantee shall include the lame of this Section and Attachment G, Cartificatiaa Regarding Debarments, Suspension, Iaekigibiyty 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 mommin books, records and documents directly pertinent to performance under this Agreement is accordance with generally accepted accounting pris aiples. The Commision, the State of Florida, USDOE or their authorized representatives shall have access to such recards for audit purposes daring the term of this Agreement and for five years following Agreement completion. In the event my work is subcontracted, the Grantee shill similarly require each subcontractor to m aintsin and allow access to such records for audit purposes. 17. A. The Grantee shall retain and mamum all records referenced m Section 16 and make such records available for an audit as may be requested. Such records shall include independent auditor working papers, booixs. documents and other evidence, including but not limited to, vouchers, bills, imvouxw requests for payment and other s pporhui documentation, which, according to generally accepted accounting 1rincipIes, passes and practices. sufficiently and properly reflect an program costs expended m 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 Auschment 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. Greaa AReemm No. AIMI@, use 4 of 6S 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 my subcontract work under this Agreement upon the condition that each Attachment C, May Proper Report, contains a current list of subcontractors, the amount of each subcontract and a short description of work io 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, at applicable by Florida laws, incurred under arty 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 subeontrn L C. The Grantee 9 meataaged to use small businesses, iuehdiog minority, woman and service. disabled vetera**wo0d businesses ss subcontractors or sub -vendors under this Agressoeot. The Grantee shall repost to the Commission in each, Attachmmt C, Monthly Progress Report, its expenditures with minority, woman and servic"isabled veteran-ouev busimesses. The directory of State of Florida certified minority, woman and swvwwdimbled vetaao-owned bustoessea can be accessed Iiom the website of the Department of Maoage®ett Services, Offim of Supplier Diversity. The Attachment C, Monthly progress Repot, shall contain the names and addresses of the minority, woman and service -disabled veteran -owned businesses; the aggregate dollar figure disbursed that mouth for each business; the time period; type of goods or services and whether the business is minority, woman Or servioe4i abled vetern"wani If no expenditures were made to may. woman and service-dissbled veteraa-owoed businesses, the Grantee shall state "None" on that portion of the Attachment C, Monthly progress Report. 19. The Grantee agrees to permanently refiam fiom no* or mentioning its association with the Commission in advertiKmenq, 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 5mds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for i &Mwiog or attempting to influence an officer or empkryee 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 Feederal contract, grant, or cooperative agreement. If any non -Federal fimds are used for lobbying activities as described above, the Grantee shall submit Attachment L, Standard Form-LLL, Disclosure of Lobbying Activities, and shalt 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 cer Part 6011 tify and disclose accordingly. [10 CFR B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using fiends 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 1993, any organization described in Section 301(e)4 of the Internal Revenue Code of 1986 shsll not be eligible for subgrants under this Agreemernt, unless Grua Agrwwol No. Ati3sta, PW 5 of 69 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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 shiall comply with all applicable federal, state and local rules and regulations. The Grantee acbwwledges 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 Provnswna contained in Attachment F, Federal Funding Gramx, Sub -grantee and Contractor Provisions. 23. The Commission's Grant Manager for this Agreement is identified below. .CommissionGrantmensaw. menoyNotmen Florida Energy sad Climate Commission Executive Office of the Governor 600 South Calhoun Street. Suite 231 Tallsbusm FL 32399-0001 Teloplime No.: Fax No.: U8=50487-3800 701 E-matl Addrnm cam 24. The Grantee's Representative for this Agreement is identified below. Lisa Tennyson Mom= COUNY Board of County Comm nionm Grants Aerator 1100 Simooton Sweet Key WesL FL 33040-3110 Td4P6~ Hk: 305-2924444 Fa Hk: 303-292-4513 B-SwEA/dhaw- Ttime 073876737 Ghwn&sD4+5: GirmawCiRRq**w laq Dow 3n1/2011 25. To the extent required by law, the Grantee will be self -insured against, or will semi and —id-in during the life of this Agreement. Workers' Compensation hmu=w for all of its employees camected with the work of this project The Grantee shall require the subcontractor similarly to proves Workers' Compensation Insurance for all of the lattees employees unless such employees we covered by the protection afforded by the Grantee. Such self-insurance program or kwumac a coverage shall comply fully with the Florida Workers' Compensation law. The Grantee shall provide, and caws each subcontractor to provide, adequate inauamce satisfactory to the Commission, for the protection of its employees not otherwise protected if nary class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes. Documentation of all insurance coversge(s) required below, shall be submitted by the Grantee to the Commission. Upon expiration of documented Proof of insurance coverage, tie Grantee shall submit proof of continued insurance coverage to the Commission within 30 calendar days of insurance coverage expiration. Grow Apeenew No. ARSE 1 a, Page 6 of 49 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS810 26. The Grantee, as as independent contractor and not an agent, representative, or employee of the Commission, agrees to can adequate liability and other appropriate forma of insurance. The Commission shall have no liability except ss 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 Uhafactory completion of this Agreement, with Commission approval, the Grantee may retain own"UP of the noa-espeodible personal property or equipment pnrt hssed under this Agreement. However, the Grantee shall complete and sign Attachment J, Property Reporting Form, and submit it to the Commission as an attacharmt to the Attachment B. Payment Request Summary Form, in which these cons 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 conttacdral atrarrgement as long as the required work is being p B. The Grantee is responsible for the implemeatatim of adequate msiasenanoe procedures to keep the now=pendable peraooal property or equipment is good operating condition. C. The Grantee is responsible for the imPlementdion of mannr5enrer required maiatenmce procedures to keep the vehicles in NOW operating condition. D. The Grantee shall secure and maintain comprehensive collision and general automobile liability coverage for the vehicles during the term of this Ag eament. The Grantee is responsible for my applicable deductibles. E. The Grantee is rr aporunble for any loss, damage, or thdt of; and any loan, damage, or injury caused by the use of, nam expendable personal property or equipment p finds with state 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 dim by nay Grnteeetvveador is considered a violation of Section 274A(e) of the lmmimdoo and Nadooslity Ad. If the Grantedveodor knowingly employs u nwadwrized aliens, such violation shall be cause for unilateral cancellation of this Agreement The Gramee shall be responsible for inchu ft this provision in all subcontracts with private organizations issued as a result of this Agreement 30. A. No Peron on the grounds of race, creed, color, national origin, age, an or disability shall be excluded fiom participation m, be denied the proceeds or benefits o& or be otherwise subjected to discrimination in performance of this Agreement Gnat AVVUWW Nee AR.1010, Poe 7 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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(2xa). 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 alTums that it is aware of the provisions of Section 287.133(2ft Florida Statutes, and that at no time has the Grantee been convicted of a Public Entity Crime. The Grantee agree that it Shall not violate such law and Author acknowledges and straw that Say conviction during the term of this Agreement may rash 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 suthorized under the terms of this Agreement 32. A. If the Grantee brings to the performance of this Agreementpre-existing weawtual ply, the Grantee shall retain all rights and entitlements to that pre-eusCfog intellacpral property. B. All patent rights, copyrights, and data rights must be in accordance with 10 CFR Part 600 as referenced in Attsdimim It, Intellectual property Provision. 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 o& work or services performed under this Aft, or many way convected beewith, the Grantee shall retain the entire right, title, and interest to each discovery or subject inversion. subject to the provisions of this section. With respect to any subject invention in which the Grantee retains title, the Cetogaission shall have a royalty -See, nonercclusive, transferable, irrevocable, pad up h"M to Peen or have practiced for, or on behalfoi; the Commission or the State of Florida the subject invention and sublicense the same. D. In the event that any books manna's, fibre, 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 -flee, notioxchusive and irrevocable right to reproduce, publish, or otherwise use the work, and to authorize others to do the same. The Grantee may !Rants the Commission fbll 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 publication that 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 "Dade saxes" (as applicable), with the statutory basis for such claim of exemption, confidentiality, or trade saxes specifically identified in writing. Failure to identify any such content shall constitute a waiver of any claimed exemption, confidentiahty, 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 in&niting the subcontractor of the provisions of this Section and obtaining disclosures. 33. The Grantee is encouraged to publish of otherwise make publicly available the results of the work conducted under this Agreement. USDOE requires an acknowledgement of Federal support A disclaimer Grant ApIenrenf Nor. AMIS, rase I of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSOI0 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 worm supported by the U.S. Depar meat of Energy and the Florida Energy and Climate Commission under Award Number DE-EE0000241 " 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 ate► 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 Party's use or the results of such use of any information, apparatus, product, or process disclosed, Or represents that it use would not imf mp privately owned right. Referem herein to any specific vial product, process, or serviceby trade name, trademark, manuiimmer, or otherwise, does not necessarily constitute or imply, it endorsement, recommendation or favoring by the United States Government or any agency thereof or its contractors or Subcontractors. The views and opinion of authors expressed herein do not necessarily state or reflect those of the United States Govaurnia or any agency, theeof.^ 34. The Graetee is permitted to develop software of databases under the Terms and caoditiona of this Agreement, including Section 32. 35. The Parties agree they will seek tc resolve any dignd a between them n*ud* their, responibiHties as soon as Possible and at the krm* level ressonabe, in order to conserve the resources of the Parties. The Parties further agree to use their best efforts to man speedy and non-con600tatiodl resolution of any and all disputes between them. 36. This Agreement is awcuted 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 wising under Law. this Agreement shall be brougbt in the apProprials court in Leon, Canty, Florida, applying Florida 37. This Agreement represent the amire agreamew of the parties. Any aherstoos, variation, changes, modifiaticns err waivers of provisions of this Agreement shaft 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 Gram Walt Pin Attachment B Payment Request Summary Form Attachment C Monthly progress Report Attachment D Special Audit Requirement Attachment E Federal Regulations Ftachment Federal Funding Grantee, Sub -grantee and Contractor Provisions Attachment G Debarment and Fotm Attachment H Inte Property Attachment 1 Disclosure of Lobbying Activities Attachment J Property Reporting Form Attachment K Amual Report Great Apuseent No. ARnl@, page 9 die FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS910 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: Sylvia Murphy County Mayor Date: STATE OF FLORIDA, EXECUTIVE OFFICE OF THE GOVERNOR, Florida Energy and Climate Commission By. Alexander Made Program Administrator Date: Grant Agreenteot So. ARS4019, Pap I$ 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 IL 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 crowjurisdietional 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 ed madon, 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. ARordabk RuMential Solar Water Heaton The Grantee, in partnership with Habitat for Humanity (H4H), will install or replace conventional hot water heaters with solar hot water haters in low to moderate income houaeholds. The Grantee will ahao issue rabsta for solar water haters This component of the conservation initiative will be coordinated with NaxGENergy and Monroe County's Wadmwiizmtkm program. Energy EtBdeney Educational Videe Comatrakadm and Outreach The Grantee will facilitate the production of a I5-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 w ebeites and television channels. The materials will be disseminated by CD, DVD and em ul. Additionally. the Grantee will hold 12 educationsl 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 Lightioll The Grantee will retrofit lighting in six public parks with new energy efficient light fixtures. The parts 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 MwadxxL 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 statep► will identify the mesas to achieve goals, metrics for measuring progress, timelines for implementation, financing mechanisms and staff assismnants. The SECS will ensure sustained benefits of the grant funds beyond the Smut period. County FacMdes Energy Audit and Retrofit The Grantee will implement energy efficiency messutes, based upon audit findinas, at four Monroe County facilities, located in Key Wag, 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 rccommendatiom to determine the most cost effective improvements and to enure the best possible use of the retrofit funds. The building retrofits will emphaaze el5cieacy and may include retrofit lighting, insulation, beating, ventilation and air-conditioning (HVAC) upgrades, trIdning Programs for operation and facility users and monitoring systems, Hybrid Vehicle Pareken The Gnooee will reduce GHG emissions by upgrading the County fiest with five hybrid electric vehicles which represents 10% of the administrative fleet The vehicles will replace free conventional gas -powered vehicles. Replaeeoeat of Street Lighting Poles The Grantee will replace interior street lighting, dog park lighting and security lighting in Founders Park and the Administrative R Public Safety Headquarters panting lot bested within the park. This work will consist of "M9 90 eaistiag Polar, reinoviug awn= heads, mWwWg each poet for da—ge,Migniag A -MR Phi poke for new solar heads to be installed, adjusting and strmgdiening motion, adding momiling bracPreb and installation of solar hea& Is addition, 10 new light poles will be installed at Photation Hammock Preserve, Planation Tropical Reserve, Hurricane Monument and Library Parke. The parks to receive retrofits through this component of the project are located in lslamorade, Village of Woods. D. PROJECT OBJZC77VZS: • Objective l: To reduce Power co=mpboa within the county by peocm and installing residential solar water haters in a minimma of 20 low or moderate income bousehobb. • Objective 2: To create an educational workshop far commercial and residential energy emaeacy measures and a 15-minute video and radio segment to biahlight the Keys Energy Conservation I=give 2010. • Objective 3: To reduce Power consumption within the county by procuring and installing energy efficient outdoor sports lighting in am public parks. • Objective 4: To reduce Power conw:mption within the county by conducting a greenhouse gas emissions inventory, energy audits and 250 outdoor lighting retrofits for the City of Marathon. • Objective S: 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 coneumptian within the county by implementing energy, efficiency maaures IS recommended by an energy audit of four county facilities. • Objective 7: To reduce GHG and energy consumption within the county by upgrading the comity vehicle fleet with hybrid electric vebicles. • Objective g: 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 DESCRIMON: The Grantee has identified eight project(s) that will greatly reduce power consumption therefore reducing utility charges and aluuipment maintasnoe fees, The following tasks will be performed in order to meet the project objectives outlined above. Task 1- Affordable Residential Solar Water Hates (Objective 1): • Task la: Select a vendor following the procurement procedures outlined in 10 CFR 600, for solar water hater purchase and installation • Task lb: Coordinate with H4H to establish an eligible homeowner application • Task le: Select a vendor, negotiate and execute contract • Task le: Oversee installation of solar water haters in 20 qualified affordable homes • Task Id: Coordinate with Keys Energy to provide solar water beater rebates of $430 each • Task le: Submit a report to the Commsission including photographs of the installed solar water beaters, utility bills documenting energy reduction, a list of applicants and invoices from both the mamrfseturer and the installer Task 2 - Eaegy Effidesrey Educational Video Comesnaleadon and Outreach (Objective 2): • Task 2a: Execute contract with Environmental Education Foundation • Task 2b: Develop video content • Task 2e: Produce video, upload to catty website and provide to local governments for distribution • Task 2d: Produce radio segmem for Radio Gram Earth show on NPR • Task 2e: Coordinate educational outreach technical assistance workshops for businesses and residents • Task 2f: Increase the comber of GLEE Catified Greco Business partnerships by 100% • Task 2g: Submit a copy of all educational materials and video to the Commimoa docurnmtinj the energy efficiency conservation impacts of the project Task 3 - Rebuilt Local Park Dell Field Lightlag (Objective 3): • Task 3a: Select a vendor following the procurement procedures outlined in 10 CFR 600, to install balhpark lighting • Task 3b: Oversee installation of ballpark lights in sir public parks • Task 3e: Submit a report to the Commission including photographs of the installed lighting, utility bills documenting mazy teductioo, and invoices from both the musifischurer and the installer Task 4 - Greemboase Gas Zmkdoa lareaary, Energy Aadib dad Outdoor Lighdag Rativat (Objective 4): • Task 4a Select a vendor following the pnm mment procedures outlined in 10 CFR 600,1) a greenhouse gas emissions inventory. 2) a community energy audit and 3) city energy audit • Task 4b: Select a vendor following the procurement procedures outlined in 10 CFR 600, to install outdoor lighting • Task 4e: Define scope of work to idaatify audit needs • Task 4d: Conduct site inspections • Task 4e: Complete data gathering and analysis for completion of 600 audits • Task 4fi 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 WOO* enissiooa reduction targets for the forecast year and identify recommended actions, policies and measures • Task ft Submit the final audit report to the Commission and photographs of the installed lighting, utility bills documenting energy ro&mdoo, and invoices from both the marufacbm and the installer Task S - RECS Developasat (Objective 5): • Task St(: The Grantee will develop a scope of work for the EECS • Task Sb: Select a vendor following the procurement procedures outlined in 10 CFR 600, for a technical assistance consultant to song with plan development and date • Task Se: Develop EECS for county facilities and operations including energy efficiency, energy conservation and MaU age goals • Task 6d: Provide the Commission with an electronic copy of the SECS. Grant Agreement No. ARSO 10, Page 13 of 65 ATTACHMENT A GRANT WORK PLAN Task 6 — County Facilities FAaW Audit and Retrofit (Objective 6): • Task 6a: Select a vendor following the procurement procedures ot:tlioed in 10 CFR 600, for an enginaring first 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 6e: Implementation and instaWtion of energy efficiency measurea 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 msmtfacpn+er and the installer Task 7 - Hybrid Vehicle Purchase (Objective 7): • Task 7a: Prepare purchase order for five hybrid vehicles following the procurement CFR 600. proceduresoutlined in 10 • Task 7b: Finalize purchase of vehicles • Task 7e: Paint and dial vehicles to increase awareness of alternative fuel vehicles • Task 7d: Conduct a training w a&lbop for drivers and maintmaace staff • Task 7e. Submit a report to the Commission including photograph$ of the hybrid vehicles, records of savings and' Task g - Rep12ce14e1fit of Street Ligktbrg Poin (Objective g): • Task 11a: Identify and designate locations for new light poles • Task gb: Select a vendor following the procurement procedures outlined in 10 CFR 600, for electricians to retrofit 90 existing poles • Task Se: Obtain quotes or advertise for the purchase of 100 solar powered light fixtures • Task 1* Motility existing underground utilities and mark sites for new polo • Task Or. Award contract and purchase order for 100 fixturea • Task M. Instrlbation of new light poles • Task M Submit a report to the Commission including photographs of the installed street lighting poles, utility brills documenting e=V reduction, and invoices firm both the n amdactu r. and the installer F. PROJECT MRJMTONB MZUV>OtADLU0LJTPUTS: The tables below identify the month of the project each task will start and be accomplisbed for all eight components of the Keys Fwargy Conservation Initiative, 1. Affordable Rmmd s,t nam. d.._ II�� Noy. 1 Task/Activity Doonipti n Select a vendor following the procurement Dellverabhel Outputs Submit RFP to Commission Start Month DeadBne Mash Procedures outlined in 10 CFR 600, for solar water 1 2 heats Purchaw and madlation 2 Mvdobo p apphcatwn for eligible Submit application to Commission 2 2 3 Oversee installation of solar water heaters in 20 homes Contract executed for installation and materials purchased Copies of invoices seat to the Commission 3 16 4 Coordinate with the Watherization program to assist Provide homeowners with rncommemdations homeowners with additional retrofits 5 16 5 Coordinate rebates with Keys Use rebates to increase N solar haters to be installed 10 16 6 Final Report Submit a upon inchding photographs of the installed water trtili biW and invoices 18 18 Grant Agreement No. ARSO 10, Page 14 of 65 ATTACHMENT A GRANT WORK PLAN Grant Agreement No. ARSO 10, Page 15 of 65 ATTACHMENT A GRANT WORK PLAN _. lr men► Etlsetancv Educadenal Vldl ['ommms"flan ...r ftwf . a` No. Tark/Acd tlr Daaipdm Dellve:ablesl Outputs Start Meesth DadNw Month 1 Execute conmact 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 smient Radio sesment broadcasted on NPR 10 12 4 Coordinate 12 technical Training workshops and public assistance w orkahops for business educations sessions complete, a list and residents of attendees and evalustions farm 10 16 to the Commission 3 Final Report Submit a mport including I daoal materials created with 18 18 Ands finds 3. Robv& I "al Park Ralf Wism 1.1.rM... Na Task/Aedvity Daertptlon DdNwabbW Oatpesta Start Mosith Deadline MoIth 1 Solicit RFP for ballpark ligbdng C xuraclor selected for of ' 1 6 2 Oversee installation of ballpark Ligbtiog installed in six public l' Var6 11 3 Final Report Submit a report inchudmg photographs of the light rehofit, 11 13 utilitybills and invoices w. e,:r eestaourae eras Eolaslan )Stow Andlis and Ovidew Ughdaw Retrofit Dd lvw&Iad Omits Start Maati No. TMWAdh* Daerlpdon 1 Select a vendor following the Submit RFP to Comminion memo procur>aaeat procedures outlined in 10 CFR 600,1) a greenhouse Ps emissions inventory, 2) a 1 4 community energy audit and 3) city enew audits 2 Select a vendor following the Submit RFP to Commission pit prooetiny es outlined in 10 CFR 600, for outdoor installation 2 4 3 Sign contract with consultants Comuhauts adected to conduct GHG inventory, community energy 4 S audit and city audit 4 Define scope of work and identify Submit scope of work to audit news Commission s 8 3 Site inspections, memurementa Consultant will drag final report for and data anal City I 8 14 6 Oversee installation of outdoor 230 outdoor light instilled 10 14 7 Final Report Final audit reports submitted to Commission IS 16 Grant Agreement No. ARSO10, Page 16 of 65 ATTACHMENT A GRANT WORK PLAN S. FICS Develonenelt No. TuWAetMty Deserip" Ddivaablal Outpvu Start Mostk eDeadilm 1 Develop of work for SECS Scope of work complete I Month 3 2 Select a vendor following the Consultant assided with play procurement procedures outlined development and dab gathering in 10 CFR 600, for a technical 3 6 assistance consultant to assist with plan development and data Develop EECS for county 3 EECS adopted by Hoard of County facilities and operations including Commissioner energy efficiency. energy 6 13 conservation and energy usage goals 4 Final Report Final EECS submitted to Counnission 14 14 f. CO Stu Fames iiuoNo ♦tab end O —. Na 1 TUWAetivity Daaerlptloa DeNverableW Oatpats Start Moats DesdIlln 1 Select a vendor following the Agreement signed and approve by Mfttb Procaremeot Procedures outlined Hoard of County Commissioners in 10 CFR 600, for an engineering firm to conduct Grade Energy 1 2 Audits for four county hcilitm located in Ke yWest 2 Conduct energy audit Detailed invesement grade audit submitted to 2 2 3 Define scope of work far retrofits Submit scope of work to ar recommended in enam audit Eica contract for fiWility Coon 3 6 4 Hoard of County Commiasiooers retrofits ansroval and eon 6 9 S ComPlete instillah'ea of energy Installation do oumeadti ft 9 18 6 1 Complete meaan+emeat and Energy saving calculations verification 17 18 7 Find Report Submit a find report to include 1 evidence of energy savings ss a 18 18 result of the eamly audit 7. Hvbrid Veblde Prretur No. TUWAcd ty Desi ptlon Dtdiverablsd OvVft Start Maotb DesdOw Mouth 1 Prepare pu tbase order for five Vehicles ordered bybnd vehicles following the procurement procedures outlined 1 2 in 10 CFR 600, 2 Finalize purchase of vehicles and Vehicles arrive arrival 2 6 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 drivers and maintenance staff 8 11 3 Final Report Submit a report to the Commission includinst hotographs of the hybrid 12 12 Grant Agreement No. ARS010, Page 17 of 65 ATTACHMENT A GRANT WORK PLAN F7 vehicles, necorda of savings and iavoica Gant Agreement No. ALSO 10, Pave 18 of 65 ATTACHMENT A GRANT WORK PLAN g. Replacemeat of Street LJ&bft Poles No. TaddAedvky Dnu#Mm DAverabled Outpata Start Month 1 Select a vendor following the Electrician selected Mouth procurement procedure outlined in 10 CFR 600, for electricians to 1 3 retrofit 90 exubm poles 2 Obtain quotes for the purchase of Solar light fixtures purchased sole G fixtures 3 4 3 Identify existing underground Sites prepared for maWlatiou utilities and mark sites for new 3 8 Voles 4 1 Installation of new light poles 11sht poles installed 4 8 5 Final Report Submit a report to the Commission including pbotographe of the installed street lighting poles, utility 9 9 bills and invoices Grant Agreement No. ARSO10, Page 19 of 65 ATTACHMENT A GRANT WORK PLAN G. PROJECT BUDGET: The budget below summarizes the project by Funding Category. All dollar amounts we 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 S270,831.52 Monroe County, Habitat for Humanity, OF/G1TF, City of Key West GR, City of Marathon G& OF Islamotada GR 2. Fringe Benefits S32,884.00 Monroe County, UF, City of Key West GR, $76 09617 Islamorads GR 3. Travel if authorized $0.00 S7,549.00 Monroe County 4. Supplies/Other $8,125.00 Monroe County, Habitat for Humanity, Green Expenses S83,663.00 Living and Energy Education Inc, City of Key West GIL Isiamorads GR 5• Equipment $111 975.00 S0.00 Keys Energy Swipes Federal Tax Credit 6. Contractual Services $2,424,790.00 Monroe Canty, NexGENergy, Environmental $164,757.00 Education Foundation, KEYS Energy, City of Marathon GR,-Cameron-Cole LLC 7. Indirect if authorized S0.00 $0.00 N/A Total Project B 00 5f0 79 Total Project Cast si 901"79 - Grants Funds + Cost Share Cost Share Percen 19 3% - Cast 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 Dell rintron" section. All dollar mnwwmta m emw.d.d e.. ►1.. Cat Share: Matching Funds and Project Task Grant Funds Other Ia-YLd Contributions Matching Funds seam 1 Complete Residential Solar S 130AW-00 S47,281.00 Mourne County, Habitat for Humanity Water Heater 2 Complete Energy S30,000.00 $105,661.00 UF/GITF, Monroe County, Green Living Education and Outreach and Effigy Educating Inc, Environmental Fdncation Foundation 3 Complete Ball Park Light $744,790.00 $113,985.42 City of Key West, KEY Energy Retrofit 4 Complete GHG Inventory, UW,000.W S 110,972.89 City of Marathon Audit and Lighting 5 Complete SECS S20.000.00 S%,364.49 OF Monroe County,Cameron-Cole LLC 6 Complete County Facilities S700,000.00 S69,400.03 Monroe County Audit and Retrofit 7 Complete Purchase of S120,000.00 $4,78100 Monroe County Hybrid Vehicles 8 Complete Solar Park S400,000.00 S48,243.00 lslamorada Lighting 9 Ongoing eject Admin S 142,498.00 $7,591.00 Monroe County and Reporting _ Totals: S2 07 .00 S602,3%.79 Total Project Cost: S390 7g4.79 s Grant Funds + Coat Share Gram Agreement No. ARS010, Page 20 of 65 ATTACHMENT A I. BUDGET DETAIL: GRANT WORK PLAN 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 neared whole dollar value. Up to 10% of grant fds may be used for administrative costs, excluding the cost of meeting reporting requirements of the program. un Administrative costs are defined as: allowable, reamonsble, and allocable Direct and Indirect COIN 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 Cats if is Administative in nature: A description of what is for each ( 'ed) 3) whether the cat required budget category is as follows: Identify the persons to be compensated for work on this project by name (if Imown), position, and title. Show the hourly Cat and total hours to be cbwged for each person or position. Divide annual salaries by 2080 bours and nine month academic salaries by 1560 hours, to find the hourly rate. 2. Erhwe Ben - Multiply the rate by the total salaries to which ffinge benefits apply. If the rate is variable, explain and show calculations, 3 • T3vd - list trips by their purpose and/or daimon, Ingficstc the mtmber 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 farms referenced in Attachment B. Payment Request Summary Form. Be prepared to provide the Commission with details on comb utilized to calculate the "Amount Budgeted" for each trip. 4. SION10 dE Ober FJDMM - list expendable supplies by category description, unit cosy and other expense not included in as of the above quantity. List . - y dsbie equipment valued n I,= may be listed also. Includey expeama duactly related to the project; not cqW= of a general we. For Match only. list cow related to donated real property such as Ind (not to exceed the fair elvalue of the property). 5. FdV1=9 L- List aoapendable pe:aond propwy/eq I x-e valued at Sl.= or mote by description. unit coot, mad quantity. Computers and dawVrooessing egUipmeW should be described in detail. 6. Contrnetm/ G•xice• - Subcontractorg should provide the mama information required by this budget table, with the following Wxq ti W (a) Mbar ps,9piO11111 services are provided at a pee-existiag approved rate or fee shown on the '�nLub subcontract is b be obtained competitively. For either (a) or (b), show an 7. I C060 e — Indirect Cosh are ant authorized. 8. Tom! Budget UM— Show the total of all line -items within a Budget Category. 9. Total Budder - Show the toW of all a fteries. Grant Agreement No. ARS010, Page 21 of 65 a a w 0 0. 0 0 s iitzzz z z zzzzzzzzzz z z z z z za. sja jzzz z z zzzzzzzzzz z z z z z zz Es9� v 8 N N G9 � --aV4 �s���ry�N N 00 Qi ct v1 h V1 N en e� M N N A M NNNo N y y y y V! y 44 M - y N N M y y Go .� y so a �� y y 44 V/ y O a eay33 3 z 3z«« h d 33 z V � fn 8e Q o8gag ^O! pryg�nrly�p p w ' ^ g �g8a�d ' h oNo .. h 00 �f a�0 :: N N N N N y M N N M i! N N GN N N GoN N y eV M y O r r 71 3chiz w �.,��X s a '� h op _ 9 u} z z z r S z z z z z � a �E..V v � r r 8 8 8 8 8 M N m M M M pq Y i s b [r f+l E Z N mtupr h 0 N C 0 1 M 1 t a g �L� z z z z z z z z zzzzzz z z z z z z z z zzzzzz .. + v w�$$8 +oc; v C7C7C7t7C7C7 V 8 pp gO p gO p gO p gO p gO p oO p gO p gO p gO pp gO p gO pp gO g� � A N 2 N N N N H PV CD opO e+l O H O h N y M1 r r r r r r r r r r r r r r — g 10 w F Q g S g 8 � 8 8 88, 8 g8 g8 g8 8 N o o f a U a �g, oils zu5u w � a, mu U<U ..�U U�w U rr VI 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 TMENT ACT UNMM STATES DEPARTMENT OF ENERGY AWARDS Grantee's Representative: Reimbursement Request -No.: Reimbursement Period: to Percent Matching Required: CATEGORY OF I:XPENDr URE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE MATCHING FUNDS TOTAL CUMULATIVE PAYMENTS MATCHING FUNDS 1. Salarba f i i i i Friar anal f i i i 3.Tmd0f i i f A L f i i i i. Cn&sdnsl So vlew = f i f 1 i f f 7. Indtrad Caab f f Is Is f TOTAL AMOUNT EXPENDED f f f is w i f (1f%efT0TALAM0LwzxPzPax g TOTAL AMOUNT TO BE REIMBURSED f AGREEMENT AMOUNT f f Lau TOTAL AMOUNT EXPENDED: 1 S TOTAL AVAILABLE BALANCE i f Me cttmul ti R a re etamage anaunt 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 first the amount being rmuested for ram6n..., ,tr. is for items tint were charged to and utilized 0raly for the above cited Want activities. Grantee's Representative's Signature Grantees Fiscal Agent Print Name Print Name Telephone Number Telephone Number Gant Agreement No. ARS010, Par 29 of 65 O • Z 2 J5 s s Le N ~� 91 N N A � N M N r a VZN C 3 aak � � y � O W 1 > S w E Z � g LL 0 pw al ro �z 0 10 f>4 N b O fn w1 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the Grantee's agency, as reflected on your Grant Agmement. MAJlNG ADDRESS: Enter the reimbursement mailing sddreaL 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 nequutst for reimbursement. AMOUNT REQUESTED: This is the amount on the "TOTAL AMOUNT TO BE REIMBURSED" line for the "AMOUNT OF THISREQUEST" column. GRANTEE'S REPRESENTATIVE: This is the person identified as Granter's REIMBURSEMENT REQUEST NO.: This is the number of the mimbursement Representative is the Great Agreement, not the month number. The firm prnp regttest submitted &hall be number 1 and subsequ t reimbursement requests &bap be numbered in ascending numerical order. RFMOURSEMENT PERIOD: This is the beginning date (d&mmtyyyy) and ending date (dd1wm/yyyy) of the reimbursement period. PER WM PhuL G REQUIRED: Fester the Match requirement here, as reflected on the approved Attachment A. ZROJECT EXPENDITURES SUMMARY SE93MN "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount paid during the reimbursement period.P widlefm —A do M found uest with the approved Project Budget is the current nhaL All eon included in the Atoechsoew A, Grant wort: Phu of your Grant Apve�t � � ndinbursemal rsimbtssemeot for costs that do not have an associated. approved, funded budget category or approve, funded budget lino - item in the current Project Budget. Do not claim its that are not alweifically reflected in Section I of the current Attachment A, Grant Rork Phmin the ctanent Budget Detail as • Enter the column total on the "TOTAL AMOUNTAXPENDED" line. The figures reflected far each approved budget Famy erns oo�eapond with the budget category amount reflected an the associated Grant Reimbursement Detail • For the "Less Rehinage" Line, calculate 10% of the "TOTAL AMOUNT EXPENDED" for this reimbuaaemeot request; this figure must be shown in brackets (e.g. <SXXDLXX>) to refim that the amount will be deducted fiom the "TOTAL AMOUNT EXPENDED ". • For the "TOTAL AMOUNT 10 BE REAWNEMSED" line, deduct the "Less AMOUNT EXPENDED,% Retainage amount 50m the "707AL • For the "AGREEMENT AMOUNT", enter the total amount of the Grant Agrersoent. For the "Less TOTAL AMOUNT EXPENDED" line, eater the total amount expended as reflected on this meimbureement request ssid all previous reimbursement requests. • For the "TOTAL AVAILABLE BALANCE" line, deduct the "Less TOTAL AMOUNT EXPENDED" amount firm the "AGREEMENTAMOUN7". • For =y the Final Reimburaemmt Request, the Grantee may request reimb> ent 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 t+equpt nimbursement of Retanoage, reflect the cumulative amount of Retsiaage as ■ figure (no brackets) in the "Less Retoinage" line and add k to the "TOTve "TOTAL AL AMOUNT EXPENDED" to reflect the find AMOUNT TO BE REIMBURSED" ammm "TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts previously roan � doHw value. h approved. lixoded b fret for category. Provide accurate costs and do not round figures to the On the "Less Retaittage" line, enter the total cumulative requests. amount of Retainage deducted from all reimbursement requests. On the "TOTAL AMOUNT 7V BE REIMBURSED" line, deduct the cumulative "Less Retamage" amount from the cumulative "TOTAL AMOUNT EXPENDED". The Final Reimbursement Request must show the tots! (this amount of all reimbunemeats; fast through the final reimbursement the "TOTALS" r exceed the approved, tended budget amount for each budget category). Enter the column total on " line. Ck&nt Agrodnent No. ARS010, Page 34 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 "MATCHING FUNDS" COLUMN: Eater the amount documented as Match for the reimbursement period Provide accurate casts and do not round figures 10 the nearest whole dollar value _Thu 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 AMOUNTEXPENDED" 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 an 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 AYALL48LE BALANCE" line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Eater 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 Reimbiusement Requeat must reflect the total of all documented Match, begmaing with the first Match documentation through the find Match documentation, etc. The proportion of cumulative Matching finds as of the Seal Match documentation mast equate to the Cost Share Percentage so reflected on the current, approved Attachment A. Grant Work Plan of the Grant Agreement. If insufficient "TOTAL CUMULATTYE M4T1CHING FUNDS" are submitted, the Final Reimbuuaemmt 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 m identified in the Grant Ageernent and the Grantee's Fiscal Agent to be approved for mimbu rnment. NOTE: If rsquee ft refs bweeaeat for travel, roes must i■dwk eopla of a0 travd reedpts and a copy of are Commimlon's properly eompletod trawl rdm. - - —end two (in the format approved by tre Department of Financial Services, Chief Fi weW Of w) drat has been sigood by boar the traveler and do travder's wpervbor. Grant Agreement No. ARS010, Page 35 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 INSTRUCTIONS FOR COMPLETING GRANT RIEVIBURSEMENT DETAIL and MATCH DOCUMENTATION DETAIL Provide a detailed, line -item description using the wodmheet Provided for each Budget Category of funds Grantee a 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 ac;comprmyms supporting documentation. The description of each line -item must include the month and year that the item was received; this mouth 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 accaurate costs and do not round the amounts to the nearest whole dollar value. Supporting documentation for each amount for which munburnment is being requested must 1) list the it that has been paid for, 2) be submitted in the order m which items are shown on the Gnat Reiwbuneo>eu 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" an Grant Reimbursement Detail or the Match Documentation Detail, in lieu of a check member and provide vendor memo reflecting that the item was paid by credit card (this can be hand weium) along with a copy of related credit card samment (credit card number and other confidential information may be blacked out). Each piece of documentation must clearly reflect the dates of nrvWe. Only w9endinnes forbudget categories and budget line -items in the approved Project Budget will be re mbu rsed or documented as Match. listed below are the types of dontmentation and cuimsples of miadaman requirements. (1) Salaries: A payroll register sir srnl"- documentation should be mamtsined. The payroll register should show gross salary charges, triage bete!its, other deductions and net pry. If an individual for whom reimbmnlement is being claimed is paid by the hoar, a document reflecting the boas worked times the rate of pay will be aecgttable. (2) Fringe Besm Ats: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the emPloYM erg., inSuranea premiums paid If the Grant Agreement specifically states that fringe benefits will be based an a specified percentage tether than the actual coat of lunge benefits, then the calculation for the fringe benefits amount must be shown. Eucoeption: Governmental entities are not required to provide check numbers or copies of checks for fringe beaaRts. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, including submission of the claim an 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 mast also be attached. For additional information on documentation of travel costs, contact the assigned Commission Grant Manager. (4) Snpplip - Other Expenses: Reimbursement will be made based on paid mvoicesheceipts. (5) EgadpassitV. Reimbursement will be made based on Paid in micWnWeipts. Attachment 1, Property Reporting Form, must be properly compkted, signed and attached to the Attschmeot B. Payment Request Summary Form for each item of equipment requested for reimburnment or match documentation. (6) Coatraetoai Swvkas: Reimbursement will be made based on paid mvoices/Megx . Subcontractors must be listed on Attachment C, Monthly Progress Report, for the corresponding reimbursement period. (7) Iadtreet Comm If the Grant Agreement allows recovery of Indirect Costs, the calculation of then costs must be based upon direct casts reflected m the corresponding reimbursement Period. utilizing the Indirect Cost rate in the approved Project Budget. Grant Agreemart No. ARS010. Page 36 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 ATTACHMENT C MONTHLY PROGRESS REPORT STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARD Graff Agreement No.: ARSO10 Grantee Name: Grantee Address: Grantee's Representative. Mom Period: Telephone No.: 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 gosh were not met, provide reasons why.) B. Provide an update on the number of jobs created or retained, quantify the reduction of Ereenhoose gasses and the eaerV 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 Apeman No. ARS010. Par 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 cats. E. Ideathis y blow, and attach copies of this for , any relevant work products being submitted for the project reporting Period (eg., report data sets, units to on-line pbotograpbs, etc.) F. Provide a project Grant Budget update, comparing the Grant Project Budget to actual costs to date. Grant Grant Grant Budget Total Grant Category Project Expenditures Expenditures this Grant Project Prior to this Reporting Period Funding Balance Budget 1. Salaries Period L Frkp BenMts I Travel (U authorized) 4. Sappiies/OMer EXDMM & Eqalpascot 6. Contractual Services 7. ladirat Costs if aatliorlsed 8. Total of all Grant Budget Catewrin Grant Apeamt No. ARS010. Pape 38 of 65 FLORMA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 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 Reportint Period I. Salaries L Friap Benents 3. Travel (K autboriud) 4. Supplies/Otrer Expenses S. zqwlpm t f, Coatraetual Services 7. Iadiraet Cats ff aut>torbued i. Total of all ssatet B Ca H. REPORTING qpr+oprirsr Xw&& fib/ for Of Jiia" Mvkctbsmk Number of Buildings Retrofitted Grant Arumem No. ARS010. Pop 39 of 65 Arils Number of Audits Performed Floor Space Audited Auditoes Pro action of Enew Saved FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 LwMk Ccaab and Number of Loans Monetary value of Loans Given Number of Grants Monetary value of Grants Given Gr" AVMMU No. ARS010. Page 40 of 65 Number of Sohn Enemy Systems Total Capacity of Solar Energy Number of Wind Energy Systems Total Capacity of Wind Enemy Number of other Renewable Energy Systems of other Renewable Resxwsbk ZswV FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 TrassowbdeA Number of Alternative Fuel Vehicles Purchased Number of Vehicle Conversions to Alternative Energy Number of New Alternative Fueling Stations Number of Carpool: and Vanpools Formed Number of Fa wU Effwient Traffic Signals Installed Number of Sheet Lane Miles for which Synchronized Traffic Signals were Installed Grant Ara mmt Na ARS010. Pop 41 of 65 W Number of Workshops, Training and Education Sessions Held Number of People Attending Workshops, Training and Education Jew Cr+mftd Number of Direct Jobs Created Number of Indirect Jobs Created Actual Worker Heed Count Number of FTE Job EquMdema FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 ZBOWSAThwe Reduction in Natural Gas Consumption ption mmc Reduction in Electricity Consumption Reduction in Electricity Demand Reduction in Natural Gas Consumption Reduction in Fuel Oil Consumption Reduction in Propane Consumption (Pilons) Reduction is Gasoline and Diesel Consumption (2911005) Amount of wind - powered electric generating capacity installed Amount of electricity generated from wind systems MWh Rmewable Eaeep C FUUY ow Gexiendn Amount of photovoltaic gig capacity installed Amount of electricity generated from photovoltaic "ems 06m) Amount of electric SOX ..g capacity from other renewable sources installed DM Amount of electricity generated from other renewable sources lrrhsleu RadaxtN�s Tom Carbon Emission Reduction (CO2 Tons of Sulfur Dioxide Emission Reduction (CO2 Equivalent ) - Tom of Nitrogen Oxide Emission Reduction (CO2 Equivalent) Tom of Carbon Monoxide Emission Reduction (CO2 Equivalent) r• SUBCONTRACTOR LIST Grit Agreement No. ARSO10. 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 IB.A of the Grant Agreement. •l rantee does not bare subaontnactors, please state 'None' below Naaas sf Ctimest Total Aunt Description d Wwk Sabesatraetsr Address of eaeb Sabesntraet FIN Farsed J. M1N0R11Y/WOMAN/SERVICE-DISABLED VETERAN -OWNED BUSINESS LIST The Grantee is encouraged to use :mall 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. •. jgransee does not have any subcontracts with nrinori0VWonian/servioe-di=Ned pew an- owned businesses, please state None' below Towel Amami 7jpe e[Baalmm; role a Badaew Dsmz lea of 0WhWlty. lraaas of � this GseeaHsnieas WOMMIN s no 11■s psww" by serrde.. Nun" B■siasss Address period (Immall retrlod Buium Waim 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 Grant Apewnart No. ALSO10. Pale 43 of 65 Date FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 ATTACHMENTI) SPECIAL AUDIT REQUIREMENTS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNTIED STATES DEPARTMENT OF ENERGY AWARDS The motion of resources awarded by the Florida FAcW and Climate Commiasioa referred to as the "Commission") to the recipient (hene6dkr referred to as the "grantee" or"recipient"), my be subject to audits and/or monitoring by the Commmon, a described in this attachment. MONrrORlNG In addition to reviews of audit@ conducted in acoordswc with OMB Circular A 133 and Section 213.97, F.S., as revised (are "AUDITS" below), monitoring procedures may include, but rat be limited to, an -site visits by Commusioa staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By egg into thisAreement,the recipient ISFIN to amply and cooperate with any monitoring Prtaxdura/Processes deemed appropriate by the Comm doo. In the event the Commission determines that a limited scope audit of the recipient a appropriate, the Orm to y with say 'aamrctions provided by the Commission to the recipiaw regarding such audit. complygreesto or AuditorO� with any inspectioas feviews, ioveatigatioas of sift deemed necessary by the Chief Fiaarciol Officer AUDITS PART I: FEDERALLY FUNDED Thin part is applicable if the recipient is a State of lord government Or a aOa-profit orb as defined is OMB Circular A-133, as revised. 1. In the event that the recipient =pends SSOO-000 or more in Federal awards in its fiscal year, the recipient must have a angle or program-@pecufic audit conducted m accordance with the providaau of OMB Circular A 133, as revised In determining the Federal awards avanded is its find year, the recipient shall madder all sources of Federal awards. The determination of amounts of Federal swards espeaded should be in accordance with the gaiddm s established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the OMB Circular A-133, as revised, wffl tenet the provisions of raqunrements of this part. relative audit with the audit regnirenuentt addressed in Pat I, paragraph 1. the recipient shall fulfill the requirementsrta9oestbilities as provided in Subpart C of OMB Circular A-133, as revised 3. If the recipient owends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, a revised, is not required. In the event that the recipient otpends less than $500,000 is Federal awards in its fiscal yew and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, @revised, the cast of the audit menu be paid ieom non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regwdmg the Catalog of Federal Domestic Asustsucc (CFDA) via the internet at h9o://12.46.245.173/cfda/cfd■ ht:nJ Grant Agreement No. ARS010. Pape 44 of 63 FLORIDA ENERGY AND CLIMATE COMMISSION PART II: STATIC FUNDgD GRANT AGREEMENT NO. ARS010 This Part is applicable if the recipient is a noostate entity as defined by Section 215.97(2Xm), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of SS00,000 in my fiscal yarn of such recipient, the recipient must have a State single or project -specific audit for such fiscal yew in 10eor0anoe with Section 2 l emit Florida Statutes; applicable rules of the Department of Financial Services; and Clsipters l0.SS0 (kpcal god entities) or 10.650 (nonprofit and for determining the state financial assistance -Proms organizations), Rules of the Auditor General. In assistance, determiningincluding pate financial an u exceed in its fiscal year, the recipient shall consider all sources of state financial assistance received fi+om the Commission other state agencies and other noruerte enptia, State financial assistance does not include Federal direct or pass -through awatda and resources received by a nonstsle entity for Federal program matching rem, 2. In Connection with the audit requirements addressed in paragraph 1. the rt gmmt don ensure that the audit complies with the regcmeraa IN of Section 215.97, Florida Statuses. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statute, and Chapters 10.550 (1oca1 govanmmal entities) a 10.63 (n and for -profit organiations), Rules of the Auditor General onprofit 3. If the recipient expends less than $500,000 in pose 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 Ira than S500,000 in sterna fmaai.lassistancein its fiscal yew, and elects to have an audit conducted in aeeor sece with the provisions of Section 215.97, Florida Statntes, the coat of the audit must be paid from the non. stair we en re"). (le.. the coat of such m audit must be paid tivm the recipient's resources obtained fitim other than Stole entities). 4. 710 recipient must include the record keeping ra*ummaots found hereinWork required under is snbcoatractor agreements entered loan for subcantrac�tor of state fi�ntoocfW� . hs the cacecated subcontract, the recipient shall provida each asastsnce the Mformtsion needed by tha subcootraclor to comply with the regWmmmts of Section 215.97, Florida Ststnta. Pursivant to Section 215.97, Florida Statuses, the recipient shW review and moodine mbcaotracior audit gqpm and pofix other procedures subconaeew. which may include ansite 1'ha recipient as specified in the agreement with the state financial assistance, to permit the independent auditor of the recipient, as the a conditionCofof receiving ild Of a, the Chief ImpecW General and the Auditor General access to the ��s records andindependent auditor's w'ortft Paper as necessary to comply with the requirements of Section 213.97, Florida Statutes. I. For >olormation regarding the Florida Catalog of State Financial Florida Single Audit Act webso located at '��e (CSFA), a recipient should access the weabsites, the following wrobsitesgBdM for assistance. In addition to the above brio://www.ef following ebs � be ed Mormation: The Florid LegWatwe's Website at Department of Financial Service' Websile at State of Florida'srnd the a at General's WMi. the and the Auditor abate at PART III: REPORT SUBMISSION Copies of reporting pacl:agas for audits conducted in by Part 1 of this Attachment shall bedanoe with OMB Circular A-133. as revised, and required by or on behalf of the �Md' �n required b' Sermon .320 (d), OMB Circular A.133, as revised, t�Y to web 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. ARS010, Page 45 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO 10 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Section .320 W 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 Fast 10th Street Jeffeesaaville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections 320 (e) and (t), OMB Circular A-133, as revised 2. t'wtueat to Soodon .32001 OMB Ceoubr A-133. n revived, dw rw#km cures odunk a copy of de reporting peekye dae+tbed i �e� Tien -MC). OMB Gunder A-133. n revived, and any mnnegem�a leers i loved by the editor, to die Comminpion at due tmgfoap gap den Audit Director or Grant Manager Florida Eaagy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399.0001 3. Copies of financial reporting pacltagw required by PART II of this Attachment shall be submitted by or an behalf of the recipient s 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 Swath Calho m Street, Suite 231 Tallahassee, FL 32399-0001 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Bulft I I I wart Madison Suva TaWhaaae, Florida 32399LI450 RECORD RETENTION The cacqunt shall retain sufficu= records demo eatratiag its compliance with the terms of this Agreement for a period of five Years from the date the sunlit report is issued and shall allow aex.ess to such records upon request by the Commission or its designee, Chief Fimmcial Officer or Auditor General. The recipient" emnn that audit worlong papas an 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 Ap=mmt No. ARS010. Page 46 of 65 O CD W t w 0 ■ O n 0 z FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 ATTACHMENT E FEDERAL REGULATIONS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Formal regulations concerting admmistrahve procedures for USDOE gramea Code of Federal Regulations. Grant program administrative do aPPr in Title 10 of the USDOE regulations also impact grant in Part 600. Other MaasPMPMt and Bud C' • The following list contains regulations and Office of Circulars which may 1 to the work performed under this Amement. 2 CFR 17 Award Terms far Assistance Agreements that include funds under the American Recovery and Reraveatment Act of 2009 Public Law 111-5 2 CFR 901 N t Debarment and Suspension 10 CFR 600 FEW Assista�e Roles 10 CFR 601 New Restrictions on 10 CFR 607 Government wide fa -free work lace 10 CFR 1039 Uniform relocation assistance and reap assistance Will ProPatY acquisition for federal and federally 10 CRF 1040 Nondiscrimination is Fedetall Assisted or Activities 10 CFR 1041 Enforcement of Nondiscrimination on the bait of handicap in activities conducted USDOE programor 10 CFR 1042 NondiaQimiaation on the basis of sex federal fiaawW asaistsncx to adttca<ron Puma or activities receiving Other Federal Rpuladom 45 CFR Subtitle A Priaciule: for ^**+i*+ina C�—a A_�licable to R h anrr — Appendix E to Development Under Part 74 iQuftb 48 CFR 31 Contract Cost Principles and Procedures, or rmiform cost 1 with cost ' ci IN ble to the federal accounting standards that Oda of anent grad Bad et Circalara A-21 Coat Principles for Educational Institution A-87 Coat lea for State and Indian Tn'bal Governments A-102 Grants sad CooPerative Azm=enu with State and Local Governments A-1 10 Uniform Administrative Re9uirematt: for Grants and of Hi Edtu:atioo, H itals, and Other Non -Profit Organments With Institution A-122 Cost In for Non -Profit lions A-133 on Audit Reauir,eme,r: Grant No. ARS010. Pogo 49 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 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 � Rd ant and contracts awarded by the Grantee, including :mall purehses. shall contain the following provisions as 1. U18 a1 Employment Opportunity - All contract sbaU contain a provision tequ=9 compliance with E.O. 11246. "Equal EmPlOYMM Opportunity." as mended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Oppa aons Contract Compliance Programs. Equal Employment red k at 41 CFR port 60, "Office of Fedeal Opportunity, Department of labor." 2. Copeland "And-Kkkbsek" Act (18 U.S.C. 274 and 40 U.S.C. 276t) - All contracts and scram in excof S2,000 for construction or repair awarded by recipimta and wbrecdpients shall include a provision fessor compliance with the Copeland "Anti-Kickb@W Act (13 U.S.C. 3741 as st"Mmsmed by Department of labor regdatioan (29 CFR Part 3. "Czatractus and Subcaotractors on Public Building or Public Work Financed in Whole or in Part by LANDS or Grant from the United States"). The Act provides that each contractor or wbrecipient atoll be prohibited from . by any mom any Pew employed in the 000structioo, completion, or repair of public work, to gm up any part of the compensation to which he is otherwise ardided. The recipient ahan report all scrapected or reported violations to the Federal awarding agency. 3. Dsvis-Baton Ar% u amaaded (40 U.S.C. 27do to a-7) - When mquvnd by Federal program legislatioq all cORItroctim contracts awarded by the recipiem and subrecipients of more than S2,000 shall include a provision for compWoca with the Davie -Bacon Act (40 U.S.C. 276s to a-7) and as supplemented regulations (29 CFR part 3, "Labor Standards Provisions �' of Labor and Assisted Cam�trction"). Under this Act, contractors shall re Contract r es and ecFinanced a nits at a rate not lea than the mtaiaorm required to Pay wage to laborers and mechanics 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 weak. The recipient shall place a copy of the cutest 1T"HbK wage determ>mtion issued by the Department of Labor in each Solicitation and the award of a contract shall be conditioned upon the acceptance of the wage deteru ikon. The recipient shall all suspected or reported violations to the Federal awmding agency. report 4. Comb"d Work BOnrs and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contract awarded by recipient in excess of $2000 for construction contract and in vices of S2,S00 for other contract that involve the employment of mechanics or laborers shall include a proviaion for �� with Sections 102 and 107 of the Contract Work Hoop and Safety Standsda Act (40 U.S.C. 327-333L as supplemented by Deem of labor regulation (29 CFR part 3). Under Section 102 of the Act, each contractor shall be to compute wage Of every mechanic and laborer an the basis of a stendard work week of 40 hours. Work in excess of ththe e standard work week is permissible provided that the worker is computed at a rate of not lea than 1 'h time the basic rate of pay for all hours waked is excess of 40 hours in the work week. Section 107 of the Act is applicable to cenmvcticn work and provides that no labors or mechanic shall be nx uifed to work in Ammundiaga or under wrorking ccoditions which are unsanitary, haardous or dangeraue. These rqumments do not apply to the purchases of supplies Or materials or articles ordmarily available on the open marks, or contract for tr=Rmution or transmission of intelligence. S. Rlghts to Inventions Made Under a Cos&wt or Agreement - Contract or agreement for the performance of experimental, developmental, or ruearch work shall provide for the right of the Federal Govermment and the Nmcrp m inany resulting invention in accordance with 10 CFR part 600323. "Rights to Inventions Made by Nonprofit Orgamizatioaa and Small Business Firms Under Government Grant, Contract and Cooperative Areemenga," and any imPl menting regulations issued by the awarding agency, Cunt Agreanent No. ARS010, Page 49 of 65 FLORMA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 6. Clear Air Act (42 U.S.C. 7401 et seq. sad the Federal Water PaNatlon ContrN Act as amestded - Contracts and sub�ants of amounts is eacas of S 100,000 shall contain a (33 U.S.C.1251 at seq.), recipient m agree to comply with all applicable standards, orders err provision that requires the Act (42 U.S.C. 7401 et regulations issued pursuant to the Clean Air Violation shall be �.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 at seq.). Protection Agency (EPA). to the Federal awardrntg agency and the Regional Office of the EvvironrmenW 7. Byrd Ant'-Lt+bbybg Ammdmeat (31 U.S.C.1352) - Coniulam who apply of bid for an award of $100,000 a more shall file the required oertiScation. Each tier c:atifia to the tier above that it will not and has not used Federal appropristed finds to pay any Peron or Or�ntiation for ' or empkuyee of any agency, a member of so influencIng or attempting to influence an ofiker Congress' officer or employee of Congress, or an employee of a member of Congress m convection with obtaining any Federal contract, great or other 1352. Each tier shall also disclose any lobbying with non-FedaW Y award hovered by 31 U.S.C. °b�8 any Federal award. Such disclosures are bards that taker place is convection with forwarded from tier to tier up to the recipient, 8. Debares mt sad Saspe■slan (LO.s 12349 sad 12 General eon's List of Partin Excluded - NO contract shall be made to pawn Gated on the Programs m aceordaeaoe with E.O.s 12349 and 12689�hded from Federal Pnoctnrernent or Nooprocureiaeot Of parties • Mebermeat and SusPensian This list contain the names statutOrYad ed yaspevded, of otherwise euchtded by agencies, and coMMIom declared ineligt'ble udder threshold " and city odor than E.O. 12349. Contractors with awards that exceed the small provide the rMuimd ratification leg its exchraioa status and that of its print' P�ban �. Seeds a = of this Fedetral Water Polludses Control Ack as omoaded the Safe Drl king Water Act, (42 U.B.C. 300h-3(e)) - Cam and sufWap3 nts of 136g) ate gc 14100,0 a0 soil contain a provision that requires the °f ass° m excess of i 100,000 ragulations sot to a8+n b comply with an applicable standards, Orden or issued P� to Section 508 4(c) of the Safe of the Federal Water POliatiov Control Act. = amended the Federal awarding agency and the ng Water C. Act, (42 U.S.C. 300b-3(e)), Viohdioas shall be re ported to Regional OM of the Ewvoom=W p Agency (EPA). 10. Compliance with all Federal statutes rdadw b simhtadea These include but are not limited to: (a) Title VI of the Civil Rights Act of 1%4 (P.L 88-332) which prohibits diammuiNdim Section 304 of the Rebabilitation Act of 1973, n amended (29 U.S.C. 793 as the basis Of sex; he bads of baadicspr (c) the Age Act of 1975. as amended (2 U.S.C. -6107) ts discrimbastion O° the diwfimi0stm on the bads of age; (d) the Drug Abuse Of$oe and T which prohnbib mod. relabntg to nondiscrimination an too basis of rant pre n 1972 Alcohol 92buse as Alcoholism Prevention, Trestment anal of 19 (e) the Comprehensive Alcohol Abuse and �relatins to *xim>mtian basis Rehabilitation Act of 1970 (Pis 91�16), a. alcohol abuse or alcoholism; M Sections 523 and 527 of Public Haft Service Act of 1912 cord ; ( U.S.C. 290 dd-3 and 290 eo-3), as amsaded, refitting t0 of alcohol and chug abuse Patient records; (� Tide VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et to nondiscrimi ation m the sale. rental or Sermciag of bousiag; (h) army other A•)' as relating 4mcific ststuoe(s) mad; and, (i) the requirema� of say other aondi�t� tea, fe(s) which unmenon � Ohs in toe y,pply. 11. ComPNaaee with the ngalrmMto of Titles D and III of the Unifwu Relecatlon �perty Aequhddm PeNclas Act of IM (P.L 91-646) which provide for fair and Asdavuce and Real Persons displaced or whose property is accge;� a a result of Federal or equitable PF k tratrnent sof e In b apply to all userusb is real property acquired for project pep of Federal parbcgation 12. CompUance with the provldoa of the Hatch Act (S U.S.C. 1501 — ISO and 7324 political activities of employees whose pfi=* employment sctivitia are ��) avouch limit the foods. funded in whole or in part with Federal 13. Comply, if appUeabk, with Mod haaaraace Pmvhase requirements of Seetloa 102(a) of the Flood Disaster Protection Ad of 1973 (P.L. "-234) which requires mciPieats is a special flood heProgram area to e in the MOM. and to purchase flood insurance if the toW cost of insurable construction and acquisition is SS10,000 or GIar► Aaruxr mt No. ARSO10- Page 50 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 14. Compliance with environmental standards wbicb may be prescribed to the following: (a) institution of environmental quality control mum" under the National Environmental Policy Act of 1969 (P.L 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities wetlands pursuant to EO 11990; (d) evaluation of flood hazard: facilities in Pursuant to EP 11739; (c) protection of assurance of project consistency with the prod State n>amVement�p hin is vel ored under with C 119l Z (e) Management Act of 1972 (16 U.S.C. 1451 at Pam developed tinder � Coastal Zone deral Implementation Pleas under Section 176(c) of the Clean Air � of gSSoafsFe actions to State (Clean Air) Protsctioa of Underground sources of (42 U.S.C. 7401 et seq.); (g) (P.L. 93-523); and (h) protection of under the Salt Drinbng Water Act of 1974, as amended, (P.L. 93-205). species under the Endangered Species Act of 1973, as amended 1S. Compliance with the Wild and Scenic Rivera Act of 1%8 (16 U.S.C. 1271 st seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. EO CompWnee with(ideatiSecletion 106 of the Nadoaai Ellawk Preservation Act of 1%6, Assc amended (16 U.S.C. 470), llsl3 lation and protection of historic properties), and the Arcbaeobgkal and Historic Preservstba Act of 1974 (16 U.S.C. 46%-1 et NO 17. Compliance with P.L. 93-341Zug= the Potion of human related activities supported by this award of assistance.Addeft involved is rib, development, and is. Compliance with tie Laboratory AnJ=d WeKare Act of 1%6 (P.L. "444- as amended, 7 U.S.C. 2131 et and aactivities supported by � treatment of warm bloodied animals held for research, teachitng, or other Compliance with 19. u lead based o ��� Paint Polsoaiag Preveatioa Act (42 U.S.C. 4gOl et Paint is construction or rebabil of residence structures.esq.) which prohibits the 20. CosspNaaee wltb the uam btory atandarda and policies relating to energy d kkocy which are contained is the State eaerp eoasery "pbu Vaned in accordance whets toe Baerp Policy sad Coaservatloa Act (Pats. L 94-163, g! Stat. #71). 21. Aodot the Coumbslon in complying with tie State Energy Guasenstba of Federal Program u described t t4 Cade and 1Reguiatior' Tltls 10, Parts 420 and 4� and guidance issued by tie U.S. subsequent guidance bared by the U.S. Department of Erse Departmm of Energy described In Title 10, Part 600, u well u those �'; the Financial Assistance Ruin Rends. regulations concerning tie use of on overcharge recovery 2L The ommbalon reserves the right to trander Part C600.I l7. The Reelpkst can obtain a release of �� order this groat as provided in 'Title 10, commitasenta. �t wpm application coatahab g certain 23. Compliance with the Bury Ameerieaa Act (41 U.S.C. I08-10c) By accepting fun& under this AgMVment, the Crra"Oe agrees to comply with sections 2 through 4 of the Act of March 3, 1933, popularly knows as the -Buy American Act." The Grantee should review the provisions of the Act to ensure that e Agreement are in accordance with it. It is the :ease of the C xpend&m made under this Coog m thatem P and txoducts purchased with funds made available . to the greatest extent practicable, all Agreement should be American -made. 24. Preservstbn of open and competition sad government neutrality towards contractors, labor reia federally funded construction projects tbas on a. Unless in conflict with State or ion c controlling documents is conatrtnctioontracts awarded laws, you must ensure that bid specifications, project agreement, or other c this agreement, do not: Puninut to this agreement, or pursuant to a subaward to 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 Gant AVftuw t No. ARS010. Page 51 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 2. Otherwise refusing to become or brdders, °ff�m, contractors, or aubcontracton for becoming or Oron the same or other related com&uction c adhere to agreeme with one or more labor b. The term "construction contract" as used in this WOvWW ma my contract rehabilPropertdamn, alteration, conversion, extension, or repair of buildings highways, or other f°r�� � into c. Nothind in this provision bidders, offerors, contractors, or subcontractors room voluntarily ageemeuts with labor catering u• COmpilanee whth the Provblon included is Title XV maul Title XVI of Public Low 111-5, the Amerleu Recovery and Relrivestaeut Act a( 2009. 2L SepYiatlon of Cesb — Recovery Act. Financial ftc*u is must Wsregate the obligations aandnpm&tur= related to timdio0 under the and wmmtmg these funds apart and aeperate sY s should be revised as n , �� truck, and maintain commingled with as other r muw streams. No part of the Amds room the gay Act shall be Y hinds a used for a purpose other thm that of malting ms for Cosh allowable for Y let projects. Psyum 27. False CWurs Act — Rmqmm and (3aaeral my cmdrble recipients shall promptly refs to the DOE a other appropryte lmpecttor Peron has submitted a false claim ale' �lo)l -9em' ere--, �'�, subcontractor, or other leM Ppdioiag to 5>ud, oon8id of Merest. the False Claims Act or has communed a criminal or civil violation of bn1mY. ti+aftnty err =m1W misconduct involving those finds. Grant Agreement No. ARS010. Page 52 of 65 FLORIDA 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 1. The undersigned hereby certifies dw neither it nor its principals is declared inelimble. or voluntarih, excluded fiord P dy deberred. praPosed for debarment. P ciPer�n in this tranaction by my Federal department or asency. 2. The haWWWSN d also certifies that it audits principaly: (a) HHave not within them far a three yew prod Receding this mdfiation been convicted of or had a civil judgment rendered oo"un1=ea of fiwd or a criminal ofFanae in eormecbm with obtain' P�ag a public (Federal. State or lot) trams or contract under apublic °y' of hor Seats anti -truss staortes a commission of errhbazzleaherh4 dhefl� trumaeti0n' violation of Federal or making fblse statemelmm, or receiving stolen �� bnbery, faWfi�arh err destruction of records, ProP�Y• (b) Are not presernty indicted for or otherwise eriminally or civilly local) with commisslon of my of the achergehl by a entity (Federal, State err ffanses enunharated prograph 2.(a) of this Cardficaoon, and (c) Have not Within a thm-rw period preooding this oerdficadco had erne or mere public local) terminaw for cause or defwlt. Pu trerhnctiaru (Federal, State or 3. Where the undersigned is unable to certify w any of the gatements in this oertifiation, an explanation ahaa be attadsrd to this cerdficatoa Dated this dry of 20 sy Authorized sip,ocip;ent Typed Namerntle Recipient's Firm Name Street Addrew Building, Suite Number City/StaWOP Code Area CodelTelephone Number Cxrn AVegmenl No. ARS010. Page 53 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS i. By Signing and submitting this form, the Mt'fying Party is Providing the m0cation set out below. 2• The oertifiation in this clause is • material rhIraehtahioh of fist upon which reliance was placed when thin rnanaactioh ohs entered into. If it is later deterrdrhed that the certifying party bwwingly radered an erraheow certification, in addition to other reedie mavailable to the Federal Oovarhmemt, Florida 1lhergy and Ciimars Ctttmmiuion (Coanrisaiem) or this transaction originated mry Pic available reagencies with whmedies, including mgmndm and/a delatnhCht ich 3' Tlha a 'shop provide beenedisk written notice to the person to wham this emaact is submitted if at any tune tha Oeifft Perk' lama that its chti}isation was erooeous when submitted or has become arahcous by reason of chahpd Qrtamatances. 4. The time covered Wmmc iom, debarred. su1PCuded ineligible, lower, tier covered transaction, particpmM pasom, primary, `**WW Mnmc iaa Pied' P VPead, and volutttariy excluded,"' used m this Ddimitiom and Coverer aecdema of plea clause, have the maminp set out in the impiermanUag Emmve Order 12549. You may contact die pawn to which this contract is and far assistance in obtaining a Copy of those reguladom, S. 7be certifying ply :press by submitting this contrapt - tat, should der opoaad covered tramnction be entered inb, it dap not bwwiagly guar into any 10%w tier contract, or other covered t annctioh with a phaon who L popoaad far debhrheht humdes 4i1 CPR 9, subpah 9.4, dabarad. aspmded, deelaned ineligW or voluntarily awhW d Clem pardcipatioh in this oavered �ioa. wdea authorised by the Con minion or agency with which title umsactiom oripnmd, 6. The catifj* Party Awn her agram by a wjt mg this contract the it trip include this dawn titled 'Cedlladaa Reprding °e�"1e1� e0 h+.ppbpity srd Vohmtery Euhmon-l.omt Tier Covered Ttmnaaeeiom,• with mod;&@pw, le vi oomttaeta or lower tier oovhad tranm*u tmd in all adicimtiow for lower tier coveted tranewdoa, 7. A participant in a covered tramaecdoe may rely upon a owtificedon of a Pnespaeti" participant in a lover tier covered tramntxion that it 'a no ispopceed for I I I as under 48 CFR 9. subpart 9.4, dd red, sumpmded, amble. or voluntarily awluded fiom the covered &mm diath. umhm it knows that the cetMamel n is amaaoua. A Pwd dPant may' decide the method and finque ncy by which it detemima the eligibility of its prindpala. LiEach Participant may. but is act retluirad ta% check the A1anp�huhthaht Lis (Tdepboie No. (202) S01-4740 a (202) $01-4873.) 8. Nothing contained in the foregoing shall be mutruad to regain atsblis hn� of a faith the oatifisation required by this claws. The knhowled = of r°c°rdo in order to render in good 1p inform of a Participant is not required to exceed that which is normally possessed by • Pit Perms in the odiaahy entrees of business dealing. 9. Except for transactions sohoiad under paragraph S of them inatrucdora. if a Pwdcipamt is a covered transaction knowingly Cohn into a lower der covered &WAN W with a person who is proposed for deberrnwht hinder 48 CFR 9, subpart 9.4. aspanded, Federal ineligible, or voluntarily satduded frnnh participate, nh dn>s . ire addition to other remtedia available to the suGovernor de the debaConrment. anion or agenry with which this vwmm*on originated may Wave: available remedies, including spahsimn and/or dmberernesnt Cent Agreemao No. AM 10. Page 54 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT H Intellectual Property Provisions MRD-1003) Noareeseareh and Development STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REIN`MTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Nonprofit argem{zadons are subject to the intellecaW property rcgeriremeuts at 10 CFR 600.136(a), (c) and (d). All other wpnizations are subject to the intelkctuW property req immts at 10 CFR 600.136(a) and (c). 600.136 h tangrbb propaty. (a) RecipMO may Copyright any work that is ownership was prmabased, under ao award. USDOE reservesa wAJ�` to �m�" and w�u developed, or far wl ich reproduce. publish or othexvvise use the work for FexieralfrDE' nomorolusive and irrevocable right to pmpows, and to audwm others to do so. (c) USDOE has the right to: (1) Obtm reproduce, publish Or otherniae use the data fast Produced under as award; and (2) Authorize others to receive, reproduce, pubff* or otherwise use such data for Federal purposes. (d)(1) In addition, in response to a Freedom of Infoemndm act (FOIA) request for research. dart relating to published rerearch findirwaPied under as award that "m used by the Federal Government in developing Nay action that bas the force and effect of law, the USDOE shall sa time, the reserarrb data so that thery can be made available m f �`' end the Recipieatt shall Provide. within a r�o�bk If the USDOE obtains the researnch data sole! P"b� t � P�dures established under the FOIA. raromldb fee equviog the full maremeatal east of t'aPode to a FOIA agency may chugs the r'e4�st, the requester • by the agency, the recipi m4 and °fig the a is in a elate. This fee should reflect the casts iacrt:red the FOIA (5 U.S.C. 552 n 4 A subrecrprenb This is m addition to suy fees the agency may assess under cxx n. Guam Agmmant No. ARS010. Page 55 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 ATTACHMENT I DISCLOSURE OF LOBBYING ACTIVITIES STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS APPre"d by OMB Cie form to diwim bml�0S s b"t'es Pwwmw 60 31 U.S.C. 1352 0344M (See revase for Pabiie bwdas diaebwue.) I. Type of Fadw= Aedaa: Eladeral L Stars a� F Aetlsa: 3. f3apart Typ• a contract ❑ b. Ram a. bid/offalapp s. meial fiuos C. d ive agreen wx b6 hmkW awwd b. amaW dmp f. Iwo iwraoee C. PON-awwd For mwww cbsep Only: quenw dale of btit mpon L Narwe asd Awnu of El rime SWwwwdn s � h Na..la dn.awari.a, t.lsr rl... rwr {ilbeoww: CNpudend DwrK {/bloww: Ward aMr4sawl/Apsiey: 7. Faiwal !►r1..r .r.�..Y_�_. IL CFDA Nrbsr. 6roppllcayk: RI b4Wdw4 lose ewr J%ai now. I I b` 1",uiiZ MbraAl0g S ddkmW fmm No. 16W) flan aaws. first new up: 11. Is d. !3f3,= r"ml@d d""* Mb Firm b �rsrlwd bY "'' ..cues T"r d dmwv of- —1j f ,A - rs 31NU s c. neraae0"- d faa "a WMA nassa +as pi-.d by Mr Or arose �N p's' ti 31 1m. LFWM@d" VA IN repelsd in be ralr e�h "� Yr "dr "r for payr a do Any pandly (Booms/ so bw Mrs fie. M'w oar jy slf esm li► cool seer Gran' AV*00ent No. ARS010, Pap 56 of 65 Slpstare: Frhd Name: Tldm TeMlMwe No.: Date: 3ftmdud Form - LLL (� � - v,) FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This diselosare form shall be completed by the reporting entity, whether subowardee or prime Federal recipient, at the Initiation or receipt of a covered Federal action, or a material change to a previous Nits, pursuant to title 31 U.S.C. section 1352. The flllsg of a form le required for each payment or lobbying entity for influencing or attempting to Influence o officer ore agreement to make payment to any Congress' as officer or employee of C employee of any agency, a Member of covered Federal icer o Complete all itemsapply for both the Initial fllitg and material change report Refer y Offiee of Msaagemeat and Budget for additional information. I. Identifyy the type of covered Federal action for which lobbying activity Is and/or has ban neared to Influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal acdou. 3. Identify the appropriate classification of this report. If this is s follow change to the information previously uP report caused by a aanterinl Enter the date of the best' ester the year and quarter In which the change occurred. action. Previously saber fepor't by the reporting entity for this covered Federal 4. Eater the full name, address, city, state and sip code of the reporting eo ft. Include CougromioW Dfstrl I' if known. Cheek the appropriate classification of the reporting entity that designates if It is or spats to be, a prime or subsword redpletL Idntih, the tier of the subs subawardee of the prime i@ the lot tier. Subswards hndude but are not wards' as the first gbgranb and contract awards under gnats limited to wbcontnets, 3. If the orgonludon RUE the report IN item 4 checks " Ssbawordee, then eater the fall name, address, City, state and sip code of the prime Federal reclpicaL Inclsds Congressional pit, ff known. 6. Enter the tame of the F making orgadsatbW level below the award or !won commitment. Include at least oft States Coast Guard y n ' it known' For sxampk, Department of Transportation, United 7. Eater the Federal Program name or description for the covered Federal action (ken 1). it knows, the fag Catalog of Federal loans, and loan co commitment enter Domestic Assistance (CFDA) number fer grants cooperative aVvemn% g. Enter the most appropriate Federal Idetlfooll number aysWit for the Federal action Idend ed in Item 1(ag, Request for Proposal (RFF) numb. Invitation for Bid camber; the Contract, grant, or loan award number the a) somber; gent announcement the Pederal agency), Include r ' p�aoP� control number assigned Prefixes, e4E., RFP_pE.y . I:' 9. Fora coverFederal action where there has been as award or eater the Fedederal amount of the aw loan Commitment by the Federal agency, ard/ins commitment for the prime eatity identMed in item 4 or S. 10. (a) Enter the full same, address, city, state and alp code of the lobbying entity identified IS Item 4 to Inflsence the covered Federal action. entity engaged by the reporting (b) Enter the full names of the ladivideal(s) performinE from 10 (a). Enter Last Name, First Name, v services, and Include full address if different and Middle (MI). 11. The certifying official shall sign and date the ! wjm, Print his/her came, d k and telephone number. Aeeerdisa � ire hperwsrk Redsedas dad. M PerMa� are dbP' ' a vWW OMS fir 1iCOMM ft000b r. The vend OMt �KItafirsr�dos� ~ s eoUeedea sf Isfernsdos rake N aftdbe M labrmdDN Is Control onto a Nor ri4 eNleedoa h OMd No, 0346 M L PoWk ewlyted ro sveroae 3@ =igloo Per raMnee. Isdsdlsa tlse fir rowboi is� a� Vr the 1h a.t� „d ..I.tal.u1{ ue does .«dq, a.d ee�VL sad r evMwlas eM cotlee .f rNadaa eW rardea, ro t\e Ofi�ketisa elk bardos atl..te w cry etier aped 9f lima aoaereloa of Musaeaeat and to �°r.'�es, indrdhq wgge"bw br Grant At"neent NO. ARSO1 O. Page 57 of 65 n 5 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT K ANNUAL REPORT STATE OF FLORIDA GRANT ASSISTANCE AMERICAN RECOVERY AND RENT II W UNITED STATES DEPARTMENT OF ENERGY AWAARD No.: ARSO10 No.: A. Provide a summary of project accomPlishmenb to date. (Incluacct Plisbmenb to the objectives esbbWiod. bed for the perIf Pakre Comparison °1� on of actual met, provide reasons B. Provide an update on the number of jobs created or Erretaineeenhouse Wses and the eneM saved in kWb or BTU. 'quantify the reduction of C. Provide an update on the estimated time for completion of the any autidpated delays. Project and an explanation for Grant APft'rA" No. ARS010. Page 59 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 D. Provide any additional pertinent information includin when a e*anatlon of cost overruns or high unit costs. _' PProPriate, analyst: and Fdereportingntify below, and attach copies 4 any rde,M work Producreportinglod (eg, report data sPet,, links to on-line beiag submitted for the project Pt,oP'aP� etc.) F. Provide a project Grant Budget up date. date, comparhtg the Grant project Budget to actual costs to Grant Budget Total Grant Grant Grant E��res Category Project Poor to this �nditares this Grant Project Bu et P Reporting Period Funding Balance 1. Satarip 2. Friage Bemats 3. Tnvd (If aataorhed) 4 Contracta d a 7. Indircet Cosh L Total of all Gnat Gant AV=nm t Na ARS010, Page 60 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 G. Provide •Project Match Budget update, date. comparing the Match Project Budget to actual costs to Match Budget Match Match Total Match Expenditures Expenditures thb Match Project Category Project Prior to thL Bu et R rdn Period Reporting Period Funding Balance1. Salaries EL Fringe BeaeAbE 3. Travel (if 7t riud) 6. San-� Contractaal Services Indirect Cow L Total of all mate!, H. REPORTING (idler der fjrwJd Number of Buildings Gant Agrmment No. ARS010. Page 61 of 65 Number of Audits Floor Space Auditor's Projection of FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 1•9@14 Gme and Number of Loans Monetary value of Lomas Given Number of Gran Monetary value of Grant A= G=mt No. ALW10. Par 62 of 65 Number of Solar Enery Symms Total Capacity of Solar Energy Number of Wind E=y Systems Told Capacity of Wind Energy Number of otter Renewable Energy Systems of other Renewable Raamwabk ama FLORIDA ENERGY AND CLIMATE COMMLSSION GRANT AGREEMENT NO. ARSO10 Number of Alternative Fuel Number of vehicle Conversion to Number of New Alternative Fueling Plumber of Carpools and Number of Energy Efficient Traffc Number of Styr Lane Mlles for which SyNCbronized Trasfic Signal, Gram AV"nat No. ARM]0, Page 63 of 65 Number of Worksbom Training and Education Number of People Attending Workshops, Training and Education Number of Direct Jobs Number of Indirect lobs Actual Worker Number of FTE Job EouivsL-nta wwk*'K Trsftbg FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 Reduction in Natural Gas Consumption Reduction in Electricity Consumption Reduction in Electricity Demand Reduction in Natural Gas Consumption Reduction in Fuel OilC Reduction in Propsne Connmoptkm Keduction in Gasoline and Diesel COOinaPtion Amom of wind_ Powered electric Immumtg capecity Amount of electricity generated from wind systems Grant Agent No. ARS010, Page 64 of 65 Amount of Photovoltaic generating capacity Amount of electricity generated from Photovohaic Amount of electric generating capacity from other renewable am noes imtalled Amouo< of electricity generated b+cm other renewable Tom Carbon Emission Reduction (CO2 Taos of Sulfur Dioxide Emimsao Reduction (CO2 Tom of Nitrogen Oxide Emission Reduction (CO2 Tons of Carbon Monoxide Emission Reduction (CO2 Remewable ftwV CaPaft and FLORIDA ENERGY AND CIL MATg C I. GRAM' AGREEMENT Np, q R 10ISSION SUBCONTRACTOR LIST The Grantee may � bon that subcontract this t,rant the of the each Moa J ASrntnmin t wilt Grant Agrte�t iteport must contain a �+ment list ap the Grant M".., � ,I WMired in Section _ Name K nree does Rot haHr s,.6.,,,...� -- ---� ...are ivone' below Cvr� retv�� J. MnvoRlTyiwolyANBThe Grantm is ERvrcr,-DISAB�o v$ owned btwaea� ged to use Small T�-0�'P►ED BUgDrggg LIST MAgreementtractorg the Grants uate rncludmg n°-0-13', wow and Y PhWM Report. redto "� infor .Wa X t A. required n Mumning their use in Section _disabled C fled v� IlV vNee does have a of Such b�� � t rari 'Nwre' below any subcompacts wirh �Ieo iti,�verae/a a►'�'kr-dimbJe�d vrre►on_ owl bu�a TOW AsoM P/s4je Nsrieee R ees lte dwi rg of Ty" K >�iea � �»alvaerla,r >tirw pne yed This art is Submitted in socorda With 'ccumtely reflects the activities and costs asaociat�mS requirements of Grant 'mea Will the subject project. t No. ARS0Ion nd Siltneturc of Granteds R ePreseatative Date Gran' A""'"t No. ARS010. Paee 63 of 6S