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10/19/2011 AgreementDANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 30, 2011 TO: Roman Gastesi County Administrator ATTN. Connie Cyr , Aide to County x Administrat FROM: Isabel C. DeSantis, D. C. At the October 19, 2011, Board of County Commissioner's meeting, the Board approved the following: Item R5 Contract with SDI Solar, Inc. for the Solar Water Heaters purchase and installation, included and funded under the State Energy Grant Agreement form the Florida Energy and Climate Commission (Grant No. ARS010). Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney, memo only Finance File AGREEMENT FOR PURCHASE AND INSTALLATION OF SOLAR WATER HEATERS AS PART OF STATE ENERGY GRANT AGREEMENT ARS010 This Agreement ( "Agreement") made and entered into this 9 4-4 ` day of 0 C:+ • . 2011 by and between Monroe COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe COUNTY Board of COUNTY Commissioners ( "BOCC'), AND SDI Solar Inc., a corporation of the State of Florida, whose address is 85013' Street, Lake Park, Florida 33403, its successors and assigns, hereinafter referred to as "CONTRACTOR ", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of the CONTRACTOR for the purchase and installation of solar water heaters, in partnership with Habitat for Humanity, and WHEREAS, the COUNTY in accordance with its State Grant Agreement ARS010 is required to comply with Federal, State and local laws, rules and regulations and consistency amongst plans; and WHEREAS, CONTRACTOR has agreed to provide services which shall include the purchase of the solar water heaters and the installation in residents' homes, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, In consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: FORM OF AGREEMENT ARTICLE 1 Ll REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR is professionally qualified to act as the CONTRACTOR for the Project and is licensed to provide the designated services by all public entities having jurisdiction over the CONTRACTOR and the Project. 1.1.2 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; Agreement Page 1 L1.3 The CONTRACTOR has become familiar with the Project sites and the 1001 conditions under which the Work is to be completed. LL4 The CONTRACTOR shall prepare all documents required by this Agreement in such a manner that they shall be arcuate, coordinated and adequate for use in the subsequent Implementation phases and shall be in conformity and comply with all applicable laws, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional cost due to missing or incorrect Information, L S The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. L1.6 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and are and the orderly progress of the Project. The CONTRACTOR shall submit, for the COUNTY'S and its representative's information, a schedule for the performance of the CONTRACTOR'S services which may be adjusted as the Project proceeds if approved by the COUNTY, and shall include allowances for periods of time required for the COUNTY's review, and for approval of submission by authorities having jurisdiction over the Protect. Time limits established by this schedule and approved by the COUNTY may not be exceeded by the CONTRACTOR except for delay caused by events not within the control of the CONTRACTOR or foreseeable by him. In the event the CONTRACTOR does not conform to the schedule, then the CONTRACTOR may be assessed a charge up to one percent (19i) of the fee per week until the work product is produced In an acceptable manner. The COUNTY shag assess the charge only after it Is determined that the work delay is solely the fault of the CONTRACTOR and his subcontractors and is not the fault of the COUNTY or other parties not under the control of the CONTRACTOR. 1.1.7 CONTRACTOR is an Independent CONTRACTOR under this Agreement. Services provided by CONTRACTOR shag be subject to the supervision of CONTRACTOR. In providing the services, CONTRACTOR and its agents shag not be acting and shag not be deemed as acting as officers, employees„ or agents of the COUNTY, nor shall they accrue any of the rights or benefits of a COUNTY employee. LLB. WARRANTY A. The CONTRACTOR warrants to the COUNTY that all labor furnished to progress the work under this contract will be competent to perform the tasks undertaken, that the product of such labor will yield only first-class result% that materials and equipment furnished will be of good quality and new unless otherwise permitted by the contract, and that the work will be of good quality, free from faults and defects and In strict conformance with the contract and warrant same for a period of two years, notwithstanding any required extended warranties or service agreements, commencing at final completion. This two -year warranty is inclusive of all labor, transportation, equipment and material cost with no cost to the COUNTY. All work not conforming to these requirements may be considered defective. In addition, the CONTRACTOR is providing a 10 year manufacturer's warranty to the homeowner's for the solar panels and a 6 year warranty for the hot water tanks. Agreement page 2 B. If, within any guarantee period, repairs or changes are required in connection with the guarantee work, which in the opinion of the COUNTY Is rendered necessary as a result of the use of materials, equipment or workmanship, which are defective or inferior or not in accordance with the terms of the Contract, the CONTRACTOR shall, promptly upon receipt of notice from the COUNTY and without expense to the COUNTY, proceed to: Place In satisfactory condition in every particular all of such guaranteed work, correct all defects therein; and Make good all damages to the structure or site or equipment or contents thereof, which, in the opinion of the COUNTY, is the result of the use of materials,, equipment or workmanship which are inferior, defective or not in accordance with the terms of the Contract; and Make good any work or materials or the equipment and contents of structures or site disturbed In fulfliiing any such guarantee. if the CONTRACTOR, after receipt of any such written notice, faits within seventy -two (72) hours to commence at the job site with performance of the work necessary to remedy all defects in the work descrleed in such notice so as to provide the COUNTY with the subject project completed in accordance with all requirements of the contract Documents, or falls to complete the performance of such remedial work with a reasonable time after commencing same, the COUNTY shall be entitled to have such defective work remedied on the account of the CONTRACTOR, in which event, the CONTRACTOR shag be fully liable for all costs and expenses reasonably incurred by the COUNTY in having such defective work remedied. 2.1 DERNRION 2.1.1 CONTRACTOR'S Services shag consist of the Scope of Work, attached as Exhibit A and made a part of this Agreement. Plans may include, but not be limited to the COUNTY, municipal and other agency plans as folk The CONTRACTOR shall commence work on the services provided for In this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed must contain a description of the services to be performed, and the time within which services must be performed. Upon completion of the review, CONTRACTOR will report on any and all Inconsistencies among the plans and any noncompliance of any and all plans. CONTRACTOR shall also make recommendations concerning the elimination of such inconsistencies and noncomplying elements. This shag be furnished In a report, both in print and electronic format, to be delivered to the Monroe COUNTY Public Works Department. Agreement Page 3 2.1.2 The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficlencies, or conflicts In the work product of the CONTRACTOR or Its subconsultants, or both. 2.2 COMPLETION DATE The Project must be completed no later than January 15, 2012. Time is of the essence in this regard due to Grant considerations. 23 WRITTEN NOTICE Any notices sent by the parties shall be deemed to have been duly served N delivered in person to the individuals and addresses listed below, or If delivered or sent by first class mail, certified, return receipt, or by courier with proof of delivery. All written correspondence to the COUNTY shag identify this Agreement and be dated and signed by an authorized representative of the CONTRACTOR. The correspondence shall be directed to: Monroe COUNTY 1100 Simonton Street, Room 2 -213 Key West, FL 33040 AND: Ms. Debbie Frederick Deputy COUNTY Administrator 1100 Simonton Street, Room 2 -205 Key West, Florida 33OW Notice to the CONTRACTOR shall be delivered to: SDI Solar, Inc. 85013'" Street Lake Park, FL 33403 AffncLE III ADDITIONAL SERVICES 3.1 The services described In this Article ill are not included in Basic Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Bask Services but only if approved by the COUNTY before commencement, and are as follows: A. Providing services of CONTRACTOR for other than the previously listed consulting scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. Agreement Page 4 C. If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. 4.1 The COUNTY shall provide full information regarding requirements for the Project including objectives, schedule, constraints and criteria. 4.2 The COUNTY shall designate a representative to act on the CONTRACTOR's behalf with respect to the project. The COUNTY or Its representative shall render decisions In a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay In the orderly and sequential progress of the CONTRACTOR's services. 4.3 Prompt written notice shall be given by the COUNTY and Its representative to the CONTRACTOR If they become aware of any fault or defect in the Project or non - conformance with the Agreement Documents. Written notice shad be deemed to have been duly served If sent pursuant to paragraph 2.2. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR's services and work of the CONTRACTORs. 4.5 The COUNTY's review of arty documents prepared by the CONTRACTOR or its sub consultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and ff. modified. No review of such documents shall relieve the CONTRACTOR of responsibfRty for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to wig be provided as requested. ARTIC E y INDEMNIFICATION AND HOLD HARMLESS 5.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (f) any claims, actions or causes of action, (g) arty litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business Interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its empioyft% agent, contractors in any tier or other invitees during the term of this Agreement, (e) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier or other invitees, or (C) Contractor's default in respect of any of the obligations Agreement Page 5 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 sole negligent acts or negligent acts In part or omissions of the COUNTY or any of its employees, agents, contractors or Invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of actloN litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. 5.2 In the event that the completion of the project (to Include the work of others) Is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify CONTRACTOR from any and all Increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 5.3 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This Indemnification shall survive the expiration or earlier termination of the Agreement. �a a 6.1 The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named Individuals will perform those functions as indicated: NAME FUNCTION David Scherich Director of Operations, Project Coordinator So long as the individuals named above remain actively employed or retained by the CONTRACTOR, they shall perform the functions indicated next to their names. if they are replaced the CONTRACTOR shall notify the COUNTY of the change Immediately. 7.1 CONTRACT SUM 7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance of this Agreement as follows: Not to Exceed One Hundred Thirty Thousand Dollars ($130,000.00). The CONTRACTOR understands that work authorized under this CONTRACT may be less than $130,000, dependent on the work releases issued. 72 PAYMENTS Agreement Page 6 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid upon a completion of deliverable basis, as outlined In the attached Deliverable Schedule, attached as Exhibit "B" Payment will be made within thirty days upon receipt of proper invoice. 7.2.2 This paragraph specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. A. Bar -Chart Schedule: Prepare a fully developed, horizontal bar -chart-type, CONTRACTOR's progress scheduled per Paragraph 3.03 B. Schedule of Values: Coordinate preparation of the Schedule of Values with the Progress Schedule. Submit Schedule of Values per Paragraph 3.04. C. Application for Payment: Progress payments may be issued to the CONTRACTOR with the COUNTY's approval and with submission of properly executed Invoice and partial release of liens M retainage will be withheld on all progress payments. Attach a legible copy of vendor's invoice or bill of sale, listing Serial Number, for all equipment costing $1,000 or more, installed under this agreement during the current invoicing period. in addition, the Property Reporting Form Exhibit ,E, shall also be provided. When the final work Is accepted by the COUNTY, the CONTRACTOR shall Invoice the COUNTY for full and final payment. 7.2.4. The COUNTY may decline to make payment, may withhold funds, and if necessary, may demand the return of some or all of the amounts previously paid to the CONTRACTOR, to protect the COUNTY from loss because of: A. defective work not remedied by the CONTRACTOR nor, in the opinion of the COUNTY, likely to be remedied by the CONTRACTOR; B. claims of third parties against the COUNTY or the COUNTY's property, C. failure by the CONTRACTOR to pay subcontractors or others in a prompt and proper fashion, D. evidence that the balance of the work cannot be completed in accordance with the contract for the unpaid balance of the contract price, E.persistent Mure to arty out the work in accordance with the contract; F. damage to the COUNTY or a third party to whom the COUNTY is, or may be, liable. G.failure to submit accurate required reporting elements i.e. weekly certified payroll, daily reports, Invoicing, grant reporting requirements specified under ARS010, etc. In the event that the COUNTY makes written demand upon the CONTRACTOR for amounts previously paid by the COUNTY as contemplated In this subparagraph, the CONTRACTOR shall promptly comply with such demand. Agreement Page 7 7.25 When all of the work is finally complete and the CONTRACTOR is ready for a final inspection, it shall notify the COUNTY thereof In writing. Thereupon, the COUNTY will make final inspection of the work and, if work and all submissions are complete, in full accordance with this contract and this contract has been fully performed, the COUNTY will promptly Issue a final certificate for payment certifying that the project is complete and the CONTRACTOR is entitled to the remainder of the unpaid contract price, less any amount withheld pursuant to this contract. Guarantees required by the contract shall commence on the date of final completion of the work. If the COUNTY is unable to issue Its final certificate for payment and is required to repeat its final inspection of the work, the CONTRACTOR sham bear the cost of such repeat final inspection(s), which cost may be deducted by the COUNTY from the CONTRACTOR's final payment. 7.2.6 The CONTRACTOR sham not be entitled to payment unless and until It submits to the COUNTY invokes with supporting documentation acceptable to the Clerk of Court and the State Energy Office under Grant ARS010 of which may include partial and final releases and waivers of ilen; releases and waivers of Ilen from all subcontractors of the CONTRACTOR and of any and all parties required by the COUNTY. Acceptability to the Clerk Is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerks disbursal of funds. The COUNTY designates the perk of Courts as its agent under the local Government Prompt Payment Act, Florida Statues Section 218.735 7.2.7 Acceptance of final payment by the CONTRACTOR shall constitute a waiver of all claims against the COUNTY by the CONTRACTOR except for those claims previously made in writing against the COUNTY by the CONTRACTOR, pending at the time of final payment, and identified in writing by the CONTRACTOR as unsettled at the time of its request for final payment. 7.2.8. Final payment, constituting the entire unpaid balance of the Contract Amount, sham be made by the COUNTY to the CONTRACTOR when the Contract has been fully performed by the CONTRACTOR. 7.3 BUDGET 7.3.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fisai year (October 1- September 30) by COUNTY's Board of COUNTY Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of COUNTY Commissioners. 731 The COUNTY's performance and obligation to pay under this Agreement 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. Affam vin INSURANCE AND BONDS 8.1 The CONTRACTOR shatI obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. Agreement Page 6 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 Prior to execution of this agreement, and maintained throughout the life of the contract, the CONTRACTOR shall furnish to the COUNTY Certilica es of Insurance indicating the minimum coverage limitation as listed below: A. General liability— include as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be $1,00,000 Combined Single Limit. If split limits are provided, the minimum limits acceptable shall be: $500,000 per person; $1,000,000 per Occurrence; and $10,000 Property Damage. An Occurrence Form policy Is preferred. If coverage is changed to or provided on a Claims Made Policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of 48 months following the termination or expiration of the contrail. The Monroe COUNTY Board of COUNTY Commissioners must be named as an Additional Insured. B. Vehicle Liability — include as a minimum: Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be $1,000,000 Combined Single Limit If split Omits are provided, the minimum Omits acceptable shall be: $50,000 per Person; $1,000,000 per Occurrence; and $100,000 Property Damage. The Monroe COUNTY Board of COUNTY Commissioners must be named as an Additional Insured. C. Workers Compensation — Omits sufficient to respond to Florida Statute 440. 0. In addition, the CONTRACTOR shall obtain Employers Liability insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. Agreement Page 9 If the CONTRACTOR has been approved by Florlda's Department of Labor, as an authorized self - insurer, the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and Certificate of insurance, providing details on the CONi RACTOR's Ex cess Insurance Program. If the CONTRACTOR participates in a self- insurance fund, a Certiflwte of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. 8.4 A. Public Construction Bond must be provided to the COUNTY within fifteen (15) days after award of contract, in the form provided as Attachment A of this Agreement, as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The public Construction Bond shall be in an amount at least equal to the contact price. This contract is subject to the provisions of Section 255.05, Florida Statutes, which are incorporated herein. If the properly executed Public Construction Bond is not received by the COUNTY within the fifteen (15) day period, the contract may be awarded to the nerd selected Bidder /Proposer. 85 CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional Insured. The COUNTY reserves the right to require a certified copy of such policies upon request. IL ..� 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience for reference only, and R 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. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without andmowledgement or permission of the CONTRACTOR. 9.3 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, Its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. Agreement Page 10 9.5 TERMINATION Either party hereto may terminate this Agreement upon giving seven (7) days written notice to the other In the event that such other party substantially fails to perform its material obligations set forth herein. The COUNTY may terminate this Agreement without cause upon giving fifteen (1S) days written notice to the CONSULTANT. ff the COUNTY utilizes this provision, the termination shall supersede any obligation under paragraph 9.15. Termination expenses shall be paid and shall include all expenses until date of termination and any additional services required in order to stop performance of services„ subject to audit for verification. 9.6 CONTRACT DOCUMENTS 9.6.1 The Contract documents consist of the Agreement, the Scope of Work, Other CONTRACTOR Requirements, Drawings and Specifications, all Amendments and any addenda, the Florida Energy And Ciknate Commission Grant Agreement No. ARS010 that is hereby incorporated by reference, CONTRACTOWs Proposal documents, any other amendments hereto executed by the parties, together with the required COUNTY documents furnished as part of the Proposal or required to be furnished by the Proposal and all required insurance documentation. 9.6.2 The following Exhibits are included within the Contract Documents: L Exhibit "A" Scope of Work 2. Exhibit "B" Deliverable and Payment Schedule 3. Exhibit "C" CONTRACTOR's product specification 4. Exhibit "W CONTRACTOWs product warranty 9.6.3 The following additional Attachments are incorporated within this agreement and areas follows: 1. Attachment A— Public Construction Bond 2. Attachment B — Special Audit Requirements 3. Attachment C —Wage Determination FL162 4. Attachment D— Certified Payroll Form S. Attachment E- Property Reporting Form S. Attachment F — Federal Funding Grantee, Subgrantee and CONTRACTOR Provisions 9.6.4 The Florida Energy And Climate Commission Grant Agreement No. ARS010 is incorporated within this agreement by reference. Agreement Page 11 9.7 PUBLIC ENTITIES CRIMES STATEMENT A person or of hate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided In Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Ad (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that It or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a 'pubac entity xrimer' and that it has not been formally charged with committing an ad defined as a "public entity xrlme' regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a'public entity crime or has been placed on the convicted vendor list. r� Ii♦ L 21;1 I 11 : Is 41 CONTRACTOR shall maintain all books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or Its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monks were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding Is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that venue shall He in Monroe COUNTY, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of the partles, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Agreement Page 12 9.10 SEVERA9ILITY 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 terns, 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 terns, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original Intent of this Agreement The COUNTY and CONTRACTOR 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. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding Is Initiated or defended by any party relative to the enforcement or i ftpretatlon 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. 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. 9.12 d1NDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives,, successors, and assigns. 9.13 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 COUNTY and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and i% empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. if the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 916 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meeting; and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 917 MONDISOUPANA71ON CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes and all loci ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of ram, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss, 161111-1683. and 16854686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of aoolol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe COUNTY Code Chapter 13, Article VI, which prohibits discrimination on the buts of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 948 COVENANT OF NO INTEREST CONTRACTOR 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 919 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency, unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Agreement Page 14 9.20 NO SOLICITATiON/PAYMENT The CONTRACTOR 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 CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at Its discretion, to offset from monks owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS The CONTRACTOR and COUNTY shall allow and permit reasonable acce ss 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 Statute; and made or received by the CONTRACTOR and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally anal this Agreement upon violation of this provision by CONTRACTOR. 9.22 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage 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 waterer. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances„ and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the perfornance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONNSIU71ES A. Non - Delegation of Constitutional or Statutory Duties. This Agreement Is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall It be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Agreement Page 1S B. COMPUANCE WITH LAW: In providing all services/goods pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances„ rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract Immediately upon delivery of written no of termination to the CONTRACTOR. The CONTRACTOR shag possess proper licenses to perform work in accordance with these specifications throughout the term of this contract 9.25 NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terns, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indiate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 926 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement 9.27 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 apadty, 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 92g EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an Agreement Page 16 original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L KOLHAGE, Clerk y 0 7 uG iI�U a� �put -. BOARD OF COU COMMISSIONERS OF MONROE ORIDA By: Mayor /Chairman Date: 10 V - 1 k (Seal) Attest: �o`i�+'� ° �e�• ty KATHLEEN J. VERZAN Notary PUMIC - State of AWN �= My Comm. Expires Jun 14, 2014 Commission N EE 442 SDI SOLAR INC. g :, Title: l S MONROE COUNTY ATTORNEY ,A PPROVED AS TO ORM: J ILE NE W. CASSEL ASSISTANT COUNTY ATTORNEY Date Pu V *J s io-s C) 00 =: CD co — �; o M LLJ LJ CZ) LL- r Agreement Page 17 1 1 17r. :1 4.01 Project Background Monroe County (the Florida Keys) is a national environmental treasure; home to the Everglades National Park, Big Cypress National Party several national habitat refuge parks, the National Marine Sanctuary, and the only coral reef in the continental United States. K is ground zero for issues relating to climate change to water quality to coral bleaching. The County and its partners, the City of Key West, the City of Marathon, and the Village of Islamorada are all designated an Area of State Critical Concern and have for decades been careful stewards of the fragile Keys ecosystem. Federal pass - through funding under the State for energy conservation Improvements in the form of Grant Agreement #ARS010 was recently approved to help Monroe County and its co- applicants to achieve the goals of reducing energy, water and other natural resource use along with the reduction of greenhouse gases and other harmful materials. The County and Its municipal partners have identified initiatives that can be implemented to achieve broad impacts. 4.02 Project Location A minimum of 15 solar water systems will be installed at the Habitat Landing community on Big Pine Key. The homes are grouped together on one parcel. The homes are all the same modular model. This uniformity is an opportunity for savings in engineering costs, delivery, site set up and installation. In addition, solar water heater systems will be installed by the Contractor in other locations in Monroe County as directed by the County. A.03 Scope of work A. This project provides work In the residential sector, to install a minimum of fifteen (15) solar hot water heaters in affordable homes in the County. The Florida Keys has one of the highest housing costs in the State. The replacement and removal of conventional hot waters heaters with solar will not only help reduce emissions and promote energy efficiency measures in our housing study It will assist low and moderate income families economically. The County has partnered with the local chapters of Habitat for Humanity to administer this grant activity. B. The Contractor shall perform all of the work required, implied or reasonably inferable from this agreement. The term "work" shall mean whatever is done by or required of the contractor to perform and complete its duties under this agreement, including the following: design of the project, providing the specRkations for the best available equipment to meet the needs of the project, construction or installation of the whole or a designated part of the project; furnishing of any required surety bonds and insurance; and the provision or furnishing of labor, supervision, reporting, engineering services, material, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, debris disposal, the payment of any applicable sales and use taxes; procurement and payment of any required permits from local, state or Federal authorities having jurisdiction, royalties and product license fees; fuel, heat, Agreement Page 18 light, cooling, sanitation and all other utilities as required by this contract. The work is to be coordinated with the County so as to minimize or eliminate any disruption to the Users' normal operations. Some work may have to be scheduled for after normal working hours. Contractor is to abide by all security rules and regulations. The work to be performed by the contractor is generally described as follows: Project includes installation of small scale renewable energy applications through the replacement of electricity- powered hot water heaters with solar hot water heaters in low and moderate income homes, in partnership with affordable housing provider, Habitat for Humanity. Provide all design services, labor, material, equipment, and tools as required for complete installation, testing and commissioning of solar water heaters in a minimum of 15 affordable homes, along with all required reporting and documentation in compliance with this agreement. The work includes the removal and disposal of the existing water heaters in an environmentally responsible manner, approved by the COUNTY. The work as described in this Scope of Work is enabled and governed by the County's Florida Energy And Climate Commission Grant Agreement No. ARS010. Technical assistance related to the installation and future use and benefits of solar hot water heaters shall be provided, as shall warranties as specified herein. The Contractor is responsible for obtaining and payment of all permits which may be necessary for the project. 4.04 PROJECT OBJECTIVES The project objective is to reduce power consumption within the county by procuring and Installing residential solar water heaters in a minimum of 15 low or moderate income households. The CONTRACTOR agrees to install additional systems at the direction of the COUNTY. 4.05 PROJECT REPORTING The CONTRACTOR shall submit a report to the County including photographs of the installed solar water heaters, utility bills documenting energy reduction, a list of applicants and invoices from the manufacturer and the Installer. In additional, all federal forms and related reporting requirements shall be met The CONTRACTOR shall promptly supply the COUNTY with all materials necessary for the COUNTY to meet grant reporting requirements. 4.06 CONTRACTOR'S PROJECTAPPROACH e Methodology The system to be provided Is SDDI's PV50 -II, which can easily adapt to the homes. This system shall utilize a 50 gallon electric water heater that can fit safely into the tank location. Agreement Page 19 SDI Solar will also use a high performance SDILCRW (4x8) collector and modify the tank to solar use. The modified 50 gallon tank mated with a 4x8 collector has been in use for many years and has been approved by the Florida Solar Energy Center (FSEC). The SD7CRW (4x8) Collector is rated at 30,200 BTU's per day. In order to reduce parasitic energy usage, the system utilizes a photovoltaic ( Power a DC circulating Panel that uses energy from the sun to nB Pump. The FSEC system and collector approvals are attached in i " • System Benefits The system will be designed to provide enough hot water for a family of four in a typical Florida day. The information has been obtained from the Florida Solar Energy which estimates that four people use an average of 55 gallons of hot water d per days when the sun Is weak or blocked by clouds a backup electric heating element in the upper half of the tank is available to heat the water. The advantages of the selected system are as follows: • Use of the highest solar panel available • Use of the bottom return solar tank which returns water from the collector to the bottom of the tank. Both lines to and from the tank to the collector are mounted outside the tank where they have no effect on the hot water stored in the tank. If cold water is circulated from the bottom of the tank through the hot will cool the hot water. If the water above, it water returning from the collector to the top of the tank via a pipe to the tank, It water also cool the hot water. Exterior piping, Mrs expertise, will not have the energy robbing effect. There are no maintenance requirements for the system except for a few inspections by the homeowner as follows: • Check for any debris (branches, leaves etc.) on the collector once home Is surrounded by a lot of tree Per month if the s . • Unplug the electric water heater twice Providin hot Per Year to ensure that the solar system is B water • Schedule Coordination SDI Solar Inc. employs managers and office e will Immediate P r ' SOnn ei• Upon awarding of the contract, SDi w Provide a0 designs and engineering drawings for the purpose of applying e -- Page 20 for permits. All permits will be applied for by SDI and upon receipt, the customer will be contacted for he scheduling of he project The customer will be scheduling options including Saturdays for the installation, provided multipl Customers will be provided a two hour window for the arrival of he Installation crew. There will be no advanced onsite storage of tools, equipment or and products will be brought to he project on the day of Ins tallation by thence All materials Installers. Any debris or excess material such as metal rtifled hall rled by SDI Solar at their installation facilities at the completion of he Project. he remo heater can be reused or donated to another home SDI will do so. In he ed cannot be donated, he will be dissembled and all recyclable material will be removed. e Installation will take no longer than e minimal disruption � ($) hours, therefore the homeown will have ption to heir normal everyday schedule. er The solar hot water tanks will have a 6 year man have a 10 year manufacturer wawa ufacturer's warranty. The solar panel will the entire MY• SDI Solar shall provide a two year labor warranty on system. • Schedule and Availability SDI Solar, Inc, currently has in stock over 200 systems the ability to Immediately Install the Project- and twenty certified installers wkh Yip have he minimum P ject. Upon receipt of an approved Permit, SDI Solar Solar Inc, will Install a mini reu Installed within twenty one (21) calendar days. SDI anticipated that installation shall system per day until completed, However k is occur at the rate of two per day until complete. (SDI wi /I not be held responslbk for delays beyond Mrs control such as homeowner to 0110 work to commence.) beyon the 15 shall � or follw�e b of scheduled at the mutual convenience of SDI he COUNTY. How ever , completed prior to he CONTRACT termination date. O1A1� al! work must be • Design Services & labor Upon awarding of he contract, SDI Solar Inc will Immediately systems to be installed. In addition, building ermits and engineer and design all of the submitted to he building department bySDl appncatlons will be immediately SDI installers are an w-2 employees and are certified solar installers. However, meet any of he published dasslflcations as described in FL300187. SDI Solar does y do not however, certify that all Installers are aid in e carpenter listed as $15.83 per hour. P xcess of the highest published rate of ABKement Page 21 All materials and equipment needed to complete each individual shall be provided by S01 Solar to Include but not be limited to the following: 50 Gal Solar Tank, 4x8 SD& collector, Relief Valve, 2 Bore Drains, pipe damps, pressure relief valve, 2 hose bibs, 2 shut off valves, check valve, freeze valve, PV Wiring, PV Pump DC, 10 Watt PV panel, back up electrical connection. The system shall be tested, certified and explained to the homeowner and a detailed Instruction manual will be provided to the homeowner upon completion. Agreement Page 22 Affordable Residential Solar Water Heaters Na TWActI ft pesvi on Deliverables,/ outputs Me Payne 1 Vendor(s) selected Submit contract to Month month using solicitation County commission for July 2011 September a royal 2011 N/A 2 - Installation of solar Contract(s) executed for water heaters in installation and minimum of 15 homes, materials p January 31 • / remove existing water Work completed. 2011 2012 unit nit u heaters and dispose installed 3 Provide training to residents on use Training pass — Sign in sheets October January 31 2011 2012 Inclusive of 4 Provide warranty to Residents and Cou Warranty document per October January 31 Inclusive-of household 2011 2012 unit rice 5 Final Report Submit a report indudin hot 6 photographs February February Retainage paid upon of the installed water heaters, utility bills and 2012 15, 2012 acceptance Invoices of final *Note: The per unit fee of $4852 Is all Inclusive of all services, equipment, warranty and other services. However, if existing electrical or plumbing code Issues are discovered CONTRACTOR will contact the Building Department and develop a coordinated plan to fix the Issue at hand. Notice will be provided in advance to the COUNTY of the issue, and the estimated charge for materials and labor (at cost) needed to comply with building code requirements. COUNTY shall review the Information and, at Its option, authorize the repairs for the specified additional fee. Agreement Page 23 Agreement Page 24 MAR 96 DISTRIBUTOR SYSTEM FLORIDA SOLAR ENERGY CENTER JVVL 1679 CLEARLAKE ROAD, COCOA, FLORIDA 32922 -5703 (407) 638 -1000 Approved Solar Energy System o liT FSEC # S9104 Solar Development Inc. PV 50 -II 3607 -A Prospect Ave. Riviera Beach, Florida 33404 The system listed below was evaluated by the Florida Solar Energy Center (FSEC) in accordance with the Florida Standards Program for Solar Domestic Water and Pool Heating Systems (FSEC- GP -80 -7) and was found to meet the minimum standards established by FSEC. Description 3 4 Pump Moc "9 Power Draw Rated Power 1 hzrtell CP- 3B -12HE 7 -40 Watt 1 /100 H.P. 2 Laing DC- 101 -BS -H 2.2 Watts 1/588 H.P. 3 March 809- BR -24DC 15 Watts 1 /100 H.P. 4 Ivan Labs E1 SID 4 Watts 1 /300 H.P. Controller Model ❑ Differential Temperature 1 ARCO M81 / G110 / M115 / M -86 ❑ Absolute Temperature 2 Solarex Corv. S %10 ❑ Thermosiphon 3 Sol - Lectric SL -10 ® Other Photovoltaic 4 Solec 50140 5 Siemens M5 Other Major Components 1 Collector: Amer. Energy Tech AE -32E 1 unit -27,100 Btu in addition to above 2 3 . 4 * To be used with Ivan Labs E SID pump If further information is required you may contact the Florida Solar Energy Center at the above address. Collector Model Units Total Ratin 1 Solar Dev. Inc. SD7CRW(4x8) 1 30,200 Btu 2 Solar Dev. Inc- SD7WBf4xL911 nstar 34,600 Btu 3 Solar Inc. SD7WB(4x8) 1 26,800 Btu 4 Solar Dev. Inc, SDS(4 1 30,700 Btu r 5 Amer. Energy Tech. AE -32 1 30,700 Btu Tank Model M Direct 1 -Existing 50 gallon on U L liste 50 gal, ❑ Int. Heat Exch. 2 grater_ heater ar X Q SUMMARY INFORMATION SHEET A � AD FLORIDA SOLAR ENERGY CENTER • February 1984 1679 GEAR M MAD, FLORIDA 32922 - 5703, (321)638 - 1000 ^FIF FSEC # 84010C MANUFACTURER Revised Augus 2003 Collector Model 7 Solar Development Inc. P.O. Box 13139 North Palm Beach, Florida 33408 -7139 SDICRW(4x8) This solar collector was evaluated by the Florida Solar Energy Center ( FSEC) in accordance with prescribed methods and was found to meet the minimum standards established by FSEC. This evaluation was based on solar collector tests performed at the Florida Solar Energy Center, Cape Canaveral. Florida. The purpose of the tests is to verity initial performance conditions and quality of construction only. The resulting certification is not a guarantee of long term performance or durability. Gross Length Gross Width Gross Depth Gross Area Transparent Frontal Area Volumetric Capacity Weight (empty) Recommended Flow Rate Maximum Operating Pressure Maximum Wind Load Number of Cover Plates Flow Pattern Number of Flow Tubes DESCRIPTION 2.444 meters 1.189 meters 0.098 meters 2.903 square meters 2.743 square meters 3.8 liters 48.5 kilograms 57 ml /s 552 kPag 2633 Pa One Parallel ! Incident Angle Modifier Kra = 1.0 - 0.31( 1 -1 Ten 8.02 3.90 0.32 31.25 29.53 1.0 107.0 0.9 80 . 55 feet feet feet square feet square feet gallons pounds gpm prig psf Forced circulation MATERIALS Enclosure Aluminum frame, aluminum back Glazing Tempered low iron glass, 0.48 cm thick Absorber Copper tubes welded to copper fins Absorber Coating Black chrome selective coating Insulation Foil faced polyisocyanurate, 4.4 cm thick THERMAL PERFORMANCE Tested per ASHRAE 93 -77 ! Incident Angle Modifier Kra = 1.0 - 0.31( 1 -1 cose Efficiency Equations q = 74.8 - 375 (Ti -Ta) /I n = 74.8 - 66 (Ti - Ta) /I = 74.5 - 342 (Ti -Ta) /l - 469 [(Ti- Ta) /I] p = 74.5 - 60 (Ti -Ta) /I - 14 [(Ti- Ta) /1) Units of Ti -Ta/I are °C-m Units of Ti -Ta/I are °F•ft -hr /Btu RATING The collector has been rated for energy output on measured performance and an assumed standard day. Total solar energy available for the standard day is 5045 watt- hours/ml (1600 Btu/ft distributed over a 10 hour period. Output energy ratings for this collector based on the second -order efficiency curve are: Collector Temperature Energy Output Low Temperature, 35 °C (95 °F) 37,300 Kilojoules /day 35,400 Btu /day Intermediate Temperature, 50 °C (122 °F) 31,900 Kilojoules /day 30,200 Btu /day High Temperature, 100 °C (212 °F) 15,900 Kilojoules /day 15,100 Btu /day Reference 82186 CXC i • •6. ccaucua Page 25 . -I'. SOLAR DEVELOPMENT, INC. (SDI) TEN YEAR WARRANTY ON THE SDI SOLAR COLLECTORS Customer /Address/Phone: Installer: Tank /Collector Serial Number: 1.) SCOPE OF COVERAGE This warranty applies to a new solar collector purchased by the end user. The warranty covers the collector as a whole including all its components and parts. It extends to the first buyer for a total often (10) years. 2.) WARRANTY ON THE COLLECTOR Solar Developments, Inc. (SDI) warrants its solar collectors to be free from defects in both material and workmanship for a total period often years from the date of installation for the original owner. If a failure does occur during the warranty period, SDI will provide a new part, or at SDI's option, have repaired any part of the collector. A new warranty shall apply to any replacement part. but shall be limited in time to the remainder of the original warranty period. This warranty applies to the collector installed for use as a heat collector to provide energy for use in medium temperature range applications (110 to 210 degrees Fahrenheit) only. 3.) SERVICE LABOR RESPONSILITY This warranty covers labor expenses for a two (2) year period. 4.) ABSORBER SURFACE SDI warrants fully for a period of ten (10) years against and degradation of the absorber surface which would significantly affect the collector performance. 5.) WARRANTY EXCLUSIONS A.) This Warranty Will Not Apply To The Following Exclusions 1.) To defects or malfunctions resulting from failure to properly install, operate or maintain the collector. 2.) To damage from abuse, accident, fire, flood, hail, wind, or other acts of God. 3.) To glass breakage. 4.) To collector failure which occurs due to damage caused by heat transfer fluids. 5.) If the collector is moved from the original installation location. 6.) When the collector is installed as a roof membrane or as an integral part of an existing roof membrane. 7.) To damage cause by freeze. B.) Limitation on Exclusion from Coverage Conditions that may occur in the normal operation of the collector shall not be invoked by SDI to reduce the coverage of this warranty. 6.) OTHER RIGHTS AND REMEDIES F.) A.) Consequential and Incidental Damages SDI shall not be liable for: (1) Consequential damages to the system in which the improperly functioning collector is installed and (2) Incidental expenses incurred to repair or replace, as necessary, any other obligations or liability in connection with the collector. B.) No Other Expressed Warranties Unless otherwise explicitly agreed in writing, it is understood that these are the only written warranties given by SDI, and SDI neither assumes nor authorizes anyone to assume for it any other obligations or liability in connection with the collector. C.) Implied Warranties This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. D.) Right to Arbitration Any dispute between the buyer and SDI pertaining to this warranty may, at the option of the buyer, be resolved by arbitration in the state installed according to the rules of the American Arbitration Association. E.) Right to Indemnity SDI will fully indemnify a licensed contractor who installs the collector and gives a written warranty as required by the California Solar Tax Credit Regulations, in the amount of any liability to the buyer under such warranty for a breech that is also a breach of the Manufacturer's warranty to the buyer. FILING A CLAIM All claims should be filed with the contractor or the Dealer from whom the collector was purchased. If unable to do so, please contact: SOLAR DEVELOPMENT INC, P.O. Box 13139 N.Palm Beach FL 33408 561 842 8935 ATTACHMENTS The following additional Attachments are Incorporated from the RFP by reference and are made a part of this agreement, and are as follows; Attachment A — Public Construction Bond Attachment B — Special Audit Requirements Attachment C — Wage Determination FL162 Attachment D — Certified Payroll Form Attachment E — Property Reporting Form Attachment F - Labor Standards interview Fo Attachment G — Whistleblower Poster Attachment H — DaA Poster Attachment 1- The Florida Energy and Climate Commission Grant Agreement No. ARS010, Including Federal Funding Grantee, Subgrantee and CONTRACTOR Provisions ee..... — Page 26 Attachment A Public Construction Bond ATTACHMENT A PUBLIC CONSTRUCTION BOND BY THIS BOND, We , as Principal and , a corporation, as Surety, are bound to , herein called Owner, in the sum of $ for payment of which we bind ourselves, or heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Performs the contract dated . between Principal and Owner for construction of the contract being made a part of this bond by reference, at the times and in the manner prescribed In the contract; and 2. Promptly makes payment to all claimants, as defined In Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for In the contract and 3. Pays Owner all losses, damages, including damages for delay, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a defaut by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond Is void; otherwise it remains In full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statues. Any changes in or under the contract documents and compliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED on 201 1 (NAME OF PRINCIPAL) BY (AS ATTORNEY -IN -FACT) (NAME OF SURETY) PUBLIC CONSTUCTION BOND Attachment B Special Audit Requirements FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT B FIRST REVISED SPECIAL AUDIT REQUIREMENTS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS The administration of resources awarded by the Florida Energy and Climate Commission (hereinafter referred to as the Commission') to the recipient (hereinafter referred to as the "grantee" or "recipient "), may be subject to audits and/or monitoring by the Commission, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Commission staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1. the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httn: /12.46.245.1 73/cfda/cfda html Grant Agreement No. ARS010, Page 1 of 4 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97, Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non- state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. The recipient must include the record keeping requirements found herein in subcontractor agreements entered into for work required under terms of this Agreement. In the executed subcontract, the recipient shall provide each subcontractor of state financial assistance the information needed by the subcontractor to comply with the requirements of Section 215.97, Florida Statutes. Pursuant to Section 215.97, Florida Statutes, the recipient shall review and monitor subcontractor audit reports and perform other procedures as specified in the agreement with the subcontractor, which may include onsite visits. The recipient shall require subcontractors, as a condition of receiving state financial assistance, to permit the independent auditor of the recipient, the Commission, the Chief Financial Officer, the Chief Inspector General and the Auditor General access to the subcontractor's records and independent auditor's working papers as necessary to comply with the requirements of Section 215.97, Florida Statutes. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fs for assistance. In addition to the above websites, the following websites may be accessed for information: The Florid Legislature's Website at http://www.ley,.state.fl.us/Welcome!'index.cfm the State of Florida's website at http://www.myflorida.co , the Department of Financial Services' Website at http: / /www.fldfs.com/ and the Auditor General's Website at http://www.state.tl.us/audgen PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Part I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: A. The Florida Energy and Climate Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399 -0001 Grant Agreement No. ARS010, Page 2 of 4 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399 -0001 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Florida Energy and Climate Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399 -0001 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow access to such records upon request by the Commission or its designee, Chief Financial Officer or Auditor General. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Commission. Grant Agreement No. ARS010, Page 3 of 4 FLORIDA ENERGY ANIIrCLIMATE GRANT AGREEMENT NO. ARSO 10 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title F unding f DE- EE0000241 US Department of Energy 81.041 State Energy Program $2,679,13: State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Feder Federal Program Number Federal Agency CFDA CFDA Title Fundin Funding E State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 2 State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding E Total Award 1 $2,67 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [ littp:/ /12.46.245.173 /cfda/cfda.htmi and/or the Florida Catalog of State Financial Assistance (CSFA) [ https: // apps .fldfs.com /f%aa/catalog.aspx The services /purposes for which the funds are to be used are included in the Contract scope of services /work. Any match required by the recipient is clearly indicated in the Contract. Grant Agreement No. ARS010, Page 4 of 4 Attachment C Wage Determination General Decision Number: FL100187 03/12/2010 FL187 Superseded General Decision Number: FL20080187 State: Florida Construction Type: Residential County: Monroe County in Florida. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories). Modification Number Publication Date 0 03/12/2010 * SUFL2009 -084 06/08/2009 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 1 Rates Fringes CARPENTER ........................$ 15.83 0.00 CEMENT MASON /CONCRETE FINISHER...$ 12.81 0.00 ELECTRICIAN ......................$ 10.80 0.00 HVAC MECHANIC (HVAC System Installation Only) ...............$ 13.96 0.00 LABORER: Common or General ...... $ 7.25 0.00 LABORER: Mason Tender - Cement /Concrete ..................$ 9.00 0.00 LABORER: Pipelayer ..............$ 9.71 0.00 OPERATOR: Backhoe ...............$ 13.92 0.00 OPERATOR: Loader ................$ 12.00 0.00 PLUMBER ..........................$ 13.23 0.00 ROOFER, Including Built Up and Shake and Shingle ............ $ 12.70 0.00 TRUCK DRIVER, Dump and Lowboy .... ---------------------------------------------------------- $ 11.40 0.00 - - - - -- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 1 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction FA Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7 ) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 3 Current prevailing wage rates as of 3/4/2011 at: http: / /www.wdol. goy /wdoI /scafies/davisbacon /FL162 dvb General Decision Number: FL100162 10/29/2010 FL162 Superseded General Decision Number: FL20080162 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number 0 1 2 3 ELECO349 -003 08/31/2009 Publication Date 03/12/2010 03/19/2010 03/26/2010 10/29/2010 Rates Fringes ELECTRICIAN Electrical contracts including mateials that are over $2,000,000.........$ 29.61 8.71 Electrical contracts including materials that are under $2,000,000........$ 27.15 8.44 -------------------------------------------------------------- ENGI0487 -004 0110112010 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity ....................$ 28.05 8.75 Yard Crane, Hydraulic Crane, Cpacity 15 Ton and Under .......................$ 21.00 8.75 ---------------------------------------------------------- IRONO272 -004 10/01/2006 Rates Fringes IRONWORKER, REINFORCING AND STRUCTURAL .......................$ 26.70 6.43 ---------------------------------------------------------- PAINO365 -004 08/01/2010 Rates Fringes FAINTER: Br Only .............$ 16.00 6.20 -------------------------------------------------------- SFFL082'_ -001 0110112010 Rates Fringes SPRINKLER FITTER ;Fire Sprinklers) ......................$ 26.90 19.30 ---------------------------------------------------------- Page 24 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation Only)....... $ 24.42 11.36 -------------------------------- ---------------- SUFL2009 -059 05/22/2009 Unlisted classifications needed for work not included within the scope of the Classifications listed may be added after award only as provided in the labor standards :ontract clauses (29 CFR 5 .5(a)(1)(ii)) In the listing above, the "SU" iesignation :Weans that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other lesignations indicate +inions whcse rates have been determined ro be prevailing. Page 25 Rates Fringes CARPENTER ........................$ 15.08 5.07 CEMENT MASON /CONCRETE FINISHER ... $ 12.45 0.00 FENCE ERECTOR ....................$ 9.94 0.00 LABORER: Common or General ...... $ 8.62 0.00 LABORER: Pipelayer ..............$ 10.45 0.00 OPERATOR: Backhoe /Excavator ..... $ 16.98 0.00 OPERATOR: Paver .................$ 9.58 0.00 OPERATOR: Pump ..................$ 11.00 0.00 PAINTER: Roller and Spray Only .............................S 11.21 0.00 PLUMBER ..........................$ 12.27 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply .......................$ 14.33 0.00 SHEETMETAL WORKER (Excluding HVAC Duct Installation) .......... $ 14.41 3.61 TRUCK DRIVER: Dump and 10 Yard Haul Away....... _S ---- - - - - -- ----------------------------- 8.00 0.15 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the Classifications listed may be added after award only as provided in the labor standards :ontract clauses (29 CFR 5 .5(a)(1)(ii)) In the listing above, the "SU" iesignation :Weans that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other lesignations indicate +inions whcse rates have been determined ro be prevailing. Page 25 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because *_hose Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be - - accompanied by a full statement of the interested party's position and by any inf,)rmat : 4 on (wage payment iata, pr' j ect descripticn, araa pract.i material, at.c.) that the requestor , -on s iders relevant to the issue. 3.) If the Decision of the Administrator is not Favorable, an interested party may appeal _iirectly *_o the Administrative Review Board lturmerly the Wale appeals BDa`i). Wr:'e to: Page 26 Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 8. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333) —Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR part 5). Under section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 11 /26mes the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9. Rights to Inventions Made Under a Contract or Agreement — Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention In accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 10. Clean Air Act (42 U. S. C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U. S. C. 1251 at seq.), as amended — Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 11. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 12. Access to Records - With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized - (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; Page 27 Attachment D Certified Payroll Form 1 m iA 3 J � Ow O CL ' w S A 0 S O to O V C O V `O LL N. y J 0 r+ o C N R O a= C (0 � N rn o� v� O N � M N a 0.- Z N 0 O 0 z Z 0 U Q U 0 K a z 0 a 0 J Z � Q w a g N L d9 � g m� T m LL N 5 o Q � O1 g s E . LD a s a 0 e E v S N � C 0 a� A m c s a sae $ o 3 m � O '^ E m C - Fi 3 N Q h N o N a C N MI m 3 LD m €s @� 9rn0 � N U � viLL �Eg' To m8 W Lwow Z Qa3 3 as O LL z z O 0 w 0 LU w 0 0 z O °? U 0 0 Z 3� U LL �a ��Z n (D5 \ \\ \ \\\\ w Q d' � 00 a 0 a � 0 � W > o o d � N 0 1S uo 10 0 N O N O N 0 N O b O N O b O b 0 r �U OLL 3v� g U SNOIldW3)(3 �+ 9WOlOHH11M !O ON cc m _ z w >z >�� LL Y Z n 0o3 �Co � Z = awZ Z w m g N L d9 � g m� T m LL N 5 o Q � O1 g s E . LD a s a 0 e E v S N � C 0 a� A m c s a sae $ o 3 m � O '^ E m C - Fi 3 N Q h N o N a C N MI m 3 LD m €s @� 9rn0 � N U � viLL �Eg' To m8 2 Q U Z_ O a a W Q H w z w m w 0 Z LL LL w w w d Q m CL li(pp N C C1 N m L C O O TE N = r C C . m (� j 2 y m > m a o c ° c ° .4 « � o 0 c E m c v m °$ m c N C c °am m T m CL E rnm 0 0 C N y w o m , 2m M H CL O c 01 0 Z a m 0 U z O a w X W U d V T O a E a� O C m T M m N Z a N ( `o a L H Z O a ¢ X w LL O EL w U 0) O O1 C U E E 8 C. O n Ol C V O m w m co > C 0: J 0 r 07 C m c m I 0: t C N 8 0 c cy 5 N m ° > > 2 O >` O m m c UV ° �cm 0) A 1 cm, W y Hp L N U� m N N 0) N . Q E w� m C j F 00 L N r �o N S w� r� Wz O«0 �L N 9 U N� Y .v m N c4 0 0 S 8 O i`p !t - O N 0� ± « t aN C n 0 C •C N - C y W . 0..°7 - 0 - 4 0 1 c.� >N 01 air c m 4 '€ c � v m E € m Oz �o C v C o 8 at�0C W� =w S aC n m 10 1 c 8 o r i � mr 8 LL 0 o 0:500 82 0 ciao > �. =M =a ts 9 U-e y ; p 0 2 m N C G } m C OU UI 10 m m Tt � n 00 C ' 01 M � C 0 01 Q U r J N O a C. �>_w 07 m m m c° o V O Ur yOy L m ,� C ' �� m cb �o m g_N 1� W O °' CL E °y � H �VZ Ul p J r W ci a 01 2 a W 3 :o W O O K E o X:3 m w m co > C N 01 m m - s: 07 C m c m I �a C N 8 m E c cy 5 c m X m Lm m ° > > vm �.7 > m >` O m m c ° �cm 0) A 1 cm, d.0 L N CL-' O) m N N 0) N . Q E C 01 00 L N � C O y GG O«0 �L N 9 U N� Y .v m N c4 0 0 S 8 O i`p !t - O N 0� ± « t O C C O m C C C n 0 C •C N - C m ? m V C NI Cu- . 0..°7 - 0 - 4 0 1 c.� l0 $v 01 air c m 4 '€ c � v m E € m m o C v C o 8 at�0C u° r- S aC n m 10 1 c 8 o (n i � mr 8 0:500 82 0 ciao > �. =M =a ts 9 U-e y ; p 0 2 m N C G } m C m ' o US I: 10 m m Tt � n a C ' 01 M � C 0 01 Q 5 U) O E � C 9 O a C. 01 9 m o 07 m m m c° o V O a C TC^ L m ,� C ' �� m cb O N O m g_N 1� ° m N N E 4) C Z °' CL E °y � �pp D 4 E m Q ° >+ t: nE C L m :2 0 aa) 7 0- M d E m a m ci a 01 2 a m° F M , m aE y o1�n E o m nm m d o e 0 C 01 0 � 8 O C mLt � U 0 ; ` LL F•• m ie N N m E2 O TYU � ry s c c m OyC� `-' `1 `7 r1 as m L 3 �c'7 (p s m U CL 1► C V U ate° .m. pCp N Ul U O .0 . C m C S E m m m O N m a1 o Win G m m N O O v CL C mE` O m o �E� U 8 c c � g t � w ° x om aD O > m m m a c L N O a cr O C6 C, z 7 LL L ❑0 Attachment E Property Reporting Form z 0 i O u F e u 0 a w w 0 0 z z w w F I Z O �► w C7 d z GL� a W G� L W a a� 3 4 v 99 eW O� a� o� F� rA Gti U > O�O F W �� � WW OO a F e MI S � M� so � b y 3 8 N r FL v M S jj AN a F'I s M r r �a a� �a a E� I ti h �O w e a _o Q F v a F'I s M r r �a a� �a a E� I ti h �O w e a _o Q F v Attachment F Labor Standards Interview Form LABOR STANDARDS INTERVIEW CONTRACT NUMBER AND LOCATION EMPLOYEE INFORMATION LAST NAME FIRST NAME MI NAME OF PRIME CONTRACTOR STREET ADDRESS NAME OF EMPLOYER CITY STATE ZIP CODE SUPERVISOR'S NAME WORK CLASSIFICATION WAGE RATE LAST NAME FIRST NAME MI ACTION CHECK BELOW YES NO Do you work over 8 hours per day? Do you work over 40 hours per week? Are you paid at least time and a half for overtime hours? Are you paid for all hours corked? Do you receive a 30- minute break for every 6 hours worked? Have you ever been threatened or coerced into giving up any part of your pay? Are you receiving any cash payments for fringe benefits required by the posted wage determination decision? Examples of "bona fide" fringe benefits include (but are not limited to) life insurance, health insurance, pension, vacation, holidays, and sick leave WHA 1 UtDUG I IUN5 U I HtK I HAN I AXtS AND 5MIAL 5EGURITY ARE MADE FROM YOUR PAY7 BEFORE THIS INTERVIEW? laLtlXelY���i'�'lel:ISsL•1'1 I HAVE READ THE In INTERVIEW (YYMMDD) DUTIES PERFORMED TOOLS USED OF MY KNOWLEDGE DATE (YYMMDD) DATE (YYMMDD) INTERVIEWER'S COMMENTS WORK EMPLOYEE WAS DOING WHEN INTERVIEWED ACTION (If explanation is needed, use comments section) YES NO IS EMPLOYEE PROPERLY CLASSIFIED AND PAID? ARE WAGE RATES AND POSTERS DISPLAYED? FOR USE BY PAYROLL CHECKER IS ABOVE INFORMATION IN AGREEMENT WITH PAYROL DATA? DYES [I NO COMMENTS rHFnKFR LAST NAME FIRST NAME MI JOB TITLE SIGNATURE DATE (YYMMOD) AU l HOKILEU ttUK LOIAL KLFKUUUC I ION STANDARD FORM 1445 (REV. 7 - 06) Attachment G Whistleblower Poster Know Your Rights Under the Recovery Act! Did you know? The American Recovery and Reinvestment Act of 2009 1 provides protections for certain employees of non - federal employers who make specified disclosures relating to possible fraud, waste and/or abuse or Recovery Act funds. Who is protected? Employees of non-federal employers receiving recovery funds. This includes State and local governments, contractors, subcontractors, grantees or professional membership organizations acting in the interest of recovery fund recipients: How are Whistleblowers Protected? You cannot be discharged, demoted or otherwise discriminated against as a reprisal for making a protected disclosure: What types'of disclosures are protected? The disclosure must be made by the employee to the Recovery Accountability and Transparency Board, an Inspector General, the Comptroller General, a member of Congress, a state or federal regulatory or law enforcement agency, a person with supervisory authority over the employee, a court or grand jury, or the head of a federal agency or his/her representatives: The disclosure must involve information that the employee believes is evidence of. • gross mismanagement of an agency contract or grant relating to recovery funds; • a gross waste of recovery funds; • a substantial and specific danger to public health or safety related to the implementation or use of recovery funds; • an abuse of authority related to the implementation or use of recovery funds; or • a violation of law, rule, or regulation related to an agency contract or grant awarded or issued relating to recovery funds. Take Action! Log on to Recovery.gov for more information about your rights and details on how to report at www.recovery.gov ' Section 1553 of Division A, Title XV of the American Recovery and Reinvestment Act of 2009, P.L. 111 -5 Attachment H DBA Poster EMPLOYEE RIGHTS UNDER THE DAVIS -BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING You must be paid not less than the wage rate listed in the Davis -Bacon WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one -half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis -Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and /or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below: or contact the U.S. Department of Labor's Wage and Hour Division. For additional information: MHO 1 866 4 USWAGE (1- 866 -487- 9243) TTY: 1 -877- 889 -5627 M"MAGEHOUR.DOLGOV U.S. Department of Labor I Employment Standards Administration I Wage and Hour Division 'fJR 1;011 RP.`:'SP. t1 AP" ' %009) Attachment FECC Grant Agreement No. ARS010 STATE OF FLORIDA (office of the 00bernor 'rHE CAPITOL TALLAHASSEE, FLORIDA 32399 -0001 www.flgov.com CHARLIE GRIST 850- 488 -7146 GOVERNOR 850 - 487 -0801 fax November 9, 2010 Ms. Lisa Tennyson Monroe County, Office of Management and Budget 1100 Simonton Street, Suite 2 -260 Key West, FL 33040 Dear Ms. Tennyson: ' v kl Enclosed with this letter is Grant Agreement #ARS010 between the Monroe County Board of County Commissioners, and the Florida Energy and Climate Commission. Please retain a copy in your files. If you have any questions about the agreement, please call Mandy Norman at (850) 414- 8524. Sincerely, 0 A � ' >I " Alexander Mack, Program Administrator Florida Energy and Climate Commission AM /mn ENCLOSURE FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS THIS AGREEMENT is entered into between the STATE OF FLORIDA, EXECUTIVE OFFICE OF THE GOVERNOR (EOG), FLORIDA ENERGY AND CLIMATE COMMISSION whose address is 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399 -0001 (hereinafter referred to as the "Commission ") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1100 Simonton Street, Key West, FL 33040-3110 (hereinafter referred to as "Grantee" or "Recipient "), a local government, to provide financial assistance for the Keys Energy Conservation Initiative. In consideration of the promises and mutual agreements contained herein, the Commission and the Grantee acknowledge and agree as follows: 1. The United States Department of Energy ( USDOE) awarded funding to the Commission pursuant to USDOE through American Recovery and Reinvestment Act (ARRA) Grant Agreement No. DE- EE0000241. The Grantee shall be a sub - grantee of federal financial assistance from USDOE. The Grantee is responsible for complying with the appropriate state and federal guidelines in the performance of its activities pursuant to this Agreement. 2. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement, its attachments and exhibits named and incorporated by reference. For purposes of this Agreement the terms "Grantee" and "Recipient" are used interchangeably. 3. This Agreement shall begin upon execution by both parties and end no later than March 31, 2012, inclusive. If allowed by USDOE, this Agreement shall be effective upon execution for purposes of reimbursement of allowable costs resulting from obligations incurred and meeting the cost share or match requirements as described in Attachment A, Grant Work Plan. Profit to the Grantee, or any of its subgrantees, is prohibited by 10 Code of Federal Regulations (CFR) Part 600. This Agreement may be amended to revise Attachment A, Grant Work Plan, if additional funding is made available by the USDOE and/or the Florida Legislature. 4. A. The Grantee shall be eligible for reimbursement of allowable costs resulting from obligations incurred during the term of this Agreement. The Commission shall reimburse the Grantee for allowable costs on a not more frequently than monthly cost reimbursement basis in an amount not to exceed $2,687,288 after receipt and approval by the Commission's Grant Manager of satisfactory reports and documentation as required in this Agreement. The parties agree that the Grantee is responsible for providing a minimum match of $602,896 toward the project described in Attachment A, Grant Work Plan. All cost sharing or match shall meet any applicable federal requirements. B. Prior written approval from the Commission's Grant Manager shall be required for changes between approved, funded budget categories up to 10% of the total, approved Grant funds. Approval of such changes will be contingent upon submission of a revised Project Budget. Budget category changes greater than 10 %, the addition of previously unapproved or unfunded budget categories or the addition of previously unapproved or unfunded budget line- items, will require a formal written amendment to the Agreement. The Commission agrees to review a request by the Grantee to modify Attachment A, Grant Work Plan, should the Grantee find, after receipt of competitive bids, that the project described in Attachment A, Grant Work Plan, cannot be accomplished for the current estimated project cost. If the Commission agrees to a modification of Attachment A, Grant Work Plan, it may be modified not to exceed the awarded funding identified above. Any such modification would be by formal written amendment, in accordance with Section Grant Agreement No. AR1010, Page 1 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 37. Nothing in this Section or Agreement is intended nor implies to guarantee approval of a request to modify or adjust Attachment A, Grant Work Plan, or the available project funding. C. All reimbursement requests under this Agreement shall be submitted using the Attachment B, Payment Request Summary Form, format in detail sufficient for a proper pre -audit and post -audit thereof. The Grantee shall submit a properly completed Attachment B, Payment Request Summary Form, with supporting documentation of allowable costs, including for the final reimbursement request, as described below in paragraph 4.D. Ten percent of each approved reimbursement request shall be retained by the Commission pending Grantee's compliance with Section 8. D. All reimbursements under this Agreement shall be in compliance with the laws, rules and regulations applicable to the expenditure of State and federal funds. The State of Florida guidelines for allowable costs include, but are not limited, to the Florida Department of Financial Services' Reference Guide for State Expenditures located at htty: / /www.myfloridacfo.come Federal program guidelines for allowable costs and related topics are listed in Attachment E, Federal Regulations and Attachment F, Federal Funding Grantee, Sub - grantee and Contractor Provisions. The Grantee must provide a detailed listing of expenditures made under this Agreement as support for the Payment Request Summary Form. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, check or voucher number, amount paid and vendor name. All requests for reimbursement of travel expenses shall be in accordance with the travel requirements including mandated forms required by Section 112.061, Florida Statutes. E. In addition to the requirements contained in paragraphs 4.0 & D above, the Commission may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State of Florida guidelines. When requested, this information must be provided within 30 calendar days of such request. The Commission's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and the availability of federal funding for the specific purpose of funding the Commission's obligations under this Agreement. In the event of a State revenue shortfall, withdrawal of State budget authorization and/or rescission of federal funding, the total funding may be reduced accordingly. The Commission, in accordance with direction from the Governor and/or the Florida Legislature, shall be the final determiner of the availability of any funds. 6. The Grantee shall submit, using Attachment C, Monthly Progress Report, monthly updates. to describe the project progress, work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Attachment B, Payment Request Summary Form may not be submitted more frequently than on a monthly basis and must be accompanied by an Attachment C, Monthly Progress Report, for the corresponding month. Attachment C, Monthly Progress Reports shall be submitted to the Commission no later than three calendar days following the completion of the monthly reporting period. The Commission's Grant Manager may request additional information if the Commission's Grant Manager determines it is necessary. The Commission's Grant Manager shall have ten calendar days to review deliverables and payment requests submitted by the Grantee. 7. The Grantee shall submit an Annual Report 15 calendar days after the end of the first year of the project, if the term of the project exceeds one year. Fhe Annual Report shall provide a narrative detailing and evaluating the accomplishments and impact of the project in the prior twelve months. The Annual Report shall follow the format described in Attachment K, Annual Report. 8. The Grantee shall also submit a Final Report 15 calendar days prior to the expiration date of the Agreement. The Final Report will provide a final narrative detailing and evaluating the accomplishments and impact of the project. The Final Report will include an evaluation of the energy savings directly attributable to the project, projections of estimated energy savings expected to accrue from the project and policy recommendations, which may be helpful in implementing other projects of a similar nature. Pursuant to Grant Agreement No. ARS010, Page 2 or 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 paragraph 4.C, 10% of the total Agreement amount identified in paragraph 4.A will be withheld until receipt and approval of the Final Report. 9• 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 parry of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 10. A. Commission staff will perform compliance monitoring during the term of the Agreement, in addition to the review of Monthly Progress Reports, but not less than once a year, to ensure Agreement compliance. Monitoring shall include, but not be limited to, periodic review of compliance with Agreement service delivery, as described in Attachment A, Grant Work Plan as documented in Attachment C, Monthly Progress Reports and also which includes a review of all Agreement requirements including the Attachments. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced compliance monitoring visits at any site where services are delivered pursuant to this Agreement. B. For each on -site compliance monitoring visit, Commission staff will provide an oral exit interview and a written monitoring report to the Grantee. C. If issues of non - compliance are identified in the monitoring report, a written Corrective Action Plan (CAP) may be required of the Grantee. If required, the CAP shall be submitted to the Commission's Grant Manager within ten calendar days of receipt of the monitoring report. If a CAP is required of the Grantee, failure to correct deficiencies after thirty calendar days from the date -of- receipt of a written monitoring report notating the deficiencies may result in a determination of breach of Agreement and termination of services. If a CAP is not required of the Grantee, the Commission may proceed under Section 11 and/or Section 14. 11. The Commission may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Commission shall provide 30 calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Commission regarding the reason(s) for termination. If this Agreement is terminated, the Commission shall only pay for those acts satisfactorily completed under this Agreement prior to the date of termination. The Commission shall not pay the Grantee for any work performed after such termination, except as described in Section 14.F. 12. The Commission may terminate this Agreement for convenience by providing the Grantee with 30 calendar days written notice. If this Agreement is terminated, the Commission shall only pay for those acts satisfactorily completed under this Agreement prior to the date of termination. The Commission shall not pay the Grantee for any work performed after such termination, except as described in Section 14.F. 13. This Agreement may be unilaterally terminated by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a), Article I of the Florida Constitution and Chapter 119, Florida Statutes. If this Agreement is terminated, the Commission shall only pay for those acts satisfactorily completed under this Agreement prior to the date of termination. The Commission shall not pay the Grantee for any work performed after such termination, except as described in Section 14.F. 14. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Commission may take one or more of the following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. Grant, %greement No. ARS010, Page 3 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 B. Disallow (that is deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Commission expressly authorizes them in the notice of suspension or termination. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. 15. A. In accordance with Presidential Executive Order 12549, Debarment and Suspension (10 CFR Part 606, later moved to 2 CFR Part 901), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by USDOE to the Commission. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of Attachment G, Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions. C. As required by paragraphs A and B above, the Grantee shall include the language of this Section and Attachment G, Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions, in all subcontracts and sub - grants or lower tier agreements executed to support the Grantee's work under this Agreement. 16. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles. The Commission, the State of Florida, USDOE or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 17. A. The Grantee shall retain and maintain all records referenced in Section 16 and make such records available for an audit as may be requested. Such records shall include independent auditor working papers, books, documents and other evidence, including but not limited to, vouchers, bills, invoices, requests for payment and other supporting documentation, which, according to generally accepted accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Agreement. B. The Grantee agrees to comply with the audit requirements of Section 215.97, Florida Statutes, and those found in Attachment D, Special Audit Requirements as applicable. C. The Grantee shall include the audit and record keeping requirements described above and in Attachment D, Special Audit Requirements, in all subcontracts and assignments with sub - grantees of funds according to Section 215.97, Florida Statutes. For purposes of this Agreement, "sub - recipient" shall be defined in accordance with Section 215.97(2)(x), Florida Statutes. Grant Agreement No. ARS010, Page 4 of 65 .0 _ FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 D. The Grantee must provide copies of any audit referencing this Agreement, the audit transmittal letter, and any response to such audit to the Commission within 30 calendar days of its receipt. The Grantee should confer with its chief financial officer, audit director or contact the Commission for assistance with questions pertaining to the applicability of these requirements. 18. A. The Grantee may subcontract work under this Agreement upon the condition that each Attachment C, Monthly Progress Report, contains a current list of subcontractors, the amount of each subcontract and a short description of work to be performed by that subcontractor. The Grantee shall be solely responsible for all work performed and all expenses incurred in connection with the development and implementation of the services, programs and activities under this Agreement whether directly performed or by subcontract. B. The Grantee shall not enter into subcontracts in which the Commission or USDOE could be held liable to a subcontractor for any expenses or liabilities. The Grantee shall defend and hold the Commission and USDOE harmless of any liabilities, as applicable by Florida laws, incurred under any of the subcontracts entered into by the Grantee. The Grantee shall be liable for all work performed and all expenses incurred as a result of any subcontract. C. The Grantee is encouraged to use small businesses, including minority, woman and service - disabled veteran -owned businesses as subcontractors or sub - vendors under this Agreement. The Grantee shall report to the Commission in each, Attachment C, Monthly Progress Report, its expenditures with minority, woman and service - disabled veteran -owned businesses. The directory of State of Florida certified minority, woman and service - disabled veteran -owned businesses can be accessed from the website of the Department of Management Services, Office of Supplier Diversity. The Attachment C, Monthly Progress Report, shall contain the names and addresses of the minority, woman and service- disabled veteran-owned businesses; the aggregate dollar figure disbursed that month for each business; the time period; type of goods or services and whether the business is minority, woman or service- disabled veteran - owned. If no expenditures were made to minority, woman and service - disabled veteran -owned businesses, the Grantee shall state "None" on that portion of the Attachment C, Monthly Progress Report. 19. The Grantee agrees to permanently refrain from using or mentioning its association with the Commission in advertisements, letterhead, business cards, etc. The Grantee's project with the Commission may be generally stated and described in the Grantee's professional resume. The Grantee may not give the impression in any event or manner, that the Commission endorses or recommends the Grantee. 20. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non - Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment 1, Standard Form -LLL, Disclosure of Lobbying Activities, and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. [ 10 CFR Part 6011 B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a State agency. C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless Grant Agreement No. ARS010, Page 5 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. 21. The Grantee shall comply with all applicable federal, state and local rules and regulations. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 22. The Grantee agrees to comply with, and include as appropriate in subcontracts, the applicable regulations listed in Attachment E, Federal Regulations, and the provisions contained in Attachment F, Federal Funding Grantee, Sub - grantee and Contractor Provisions. 23. The Commission's Grant Manager for this Agreement is identified below. Commission Grant Mana er: Mand Norman Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Stree Suite 251 Tallahassee, FL 32399 -0001 Telephone No.: 850487 -3800 Fax No.: 850- 922 -9701 E -mail Address: I Mandy. norinan cim tlorida.com 24. The Grantee's Representative for this Agreement is identified below. Lisa Tennyson Monroe County Hoard of County Commissioners Grants Administrator 1100 Simonton Street Key West, FL 33040 -3110 Telephone No.: 305- 292 -4444 Fax No.: 305 - 2924515 E -mail Address: 'fenn so -list n monroecount -8. ov Grantee D -U -N-S : 073876757 Grantee CCR Registradon Expiration Date. 5/21/2011 25. To the extent required by law, the Grantee will be self- insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. The Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self - insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. The Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Commission, for the protection of its employees not otherwise protected if any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes. Documentation of all insurance coverage(s) required below, shall be submitted by the Grantee to the Commission. Upon expiration of documented proof of insurance coverage, the Grantee shall submit proof of continued insurance coverage to the Commission within 30 calendar days of insurance coverage expiration. Grant Agreement No. ARSO10, Page 6 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 26. The Grantee, as an independent contractor and not an agent, representative, or employee of the Commission, agrees to carry adequate liability and other appropriate forms of insurance. The Commission shall have no liability except as specifically provided in this Agreement. 27. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 28. The Grantee is authorized to purchase five current model vehicles, for use in performing the services described in Attachment A, Grant Work Plan. The Grantee must obtain written approval, in advance, of the vehicle type proposed for purchase and shall produce at least two written quotes for comparable vehicles prior to the vehicle purchase being authorized by the Commission. Upon satisfactory completion of this Agreement, with Commission approval, the Grantee may retain ownership of the non - expendible personal property or equipment purchased under this Agreement. However, the Grantee shall complete and sign Attachment 1, Property Reporting Form, and submit it to the Commission as an attachment to the Attachment B, Payment Request Summary Form, in which these costs are documented for reimbursement or match. The following terms shall apply: A. The Grantee shall have use of the non - expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non - expendable personal property or equipment in good operating condition. C. The Grantee is responsible for the implementation of manufacturer required maintenance procedures to keep the vehicles in good operating condition. D. The Grantee shall secure and maintain comprehensive collision and general automobile liability coverage for the vehicles during the term of this Agreement. The Grantee is responsible for any applicable deductibles. E. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage, or injury caused by the use of, non - expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Commission. F. The Grantee is responsible for the purchase of, and shall maintain a current State of Florida tag and registration for all vehicles purchased under the Agreement. 29. The employment of unauthorized aliens by any Grantee /vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee /vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 30. A. No person on the grounds of race, creed, color, national origin, age, sex or disability shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. Grant Agreement No. ARS010, Page 7 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 B. The Grantee agrees to comply with 10 CFR Part 1040 "Nondiscrimination in Federally Assisted Programs." C. The Grantee affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes, and that at no time has the Grantee been placed on the Discriminatory Vendor List. The Grantee further agrees that it shall not violate such law and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. D. The Grantee affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes, and that at no time has the Grantee been convicted of a Public Entity Crime. The Grantee agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. The Grantee shall insert a provision in accordance with this paragraph in all subcontracts for services in relation to this Agreement. 31. Land acquisition is not authorized under the terms of this Agreement. 32. A. If the Grantee brings to the performance of this Agreement pre- existing intellectual property, the Grantee shall retain all rights and entitlements to that pre - existing intellectual property. B. All patent rights, copyrights, and data rights must be in accordance with 10 CFR Part 600 as referenced in Attachment H, Intellectual Property Provisions. C. If, during the course of the Agreement, the Grantee modifies a pre - existing invention to the point where it is a new invention, patentable in its own right, or if any discovery or subject invention arises or is developed in the course of, or as a result of, work or services performed under this Agreement, or in any way connected herewith, the Grantee shall retain the entire right, title, and interest to each discovery or subject invention, subject to the provisions of this Section. With respect to any subject invention in which the Grantee retains title, the Commission shall have a royalty-free, nonexclusive, transferable, irrevocable, paid up license to practice or have practiced for, or on behalf of, the Commission or the State of Florida the subject invention and sublicense the same. D. In the event that any books, manuals, films, software, databases, or other copyrightable material are produced, which are intended to be made available to the public, the Grantee shall notify the Commission. The Commission shall have a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work, and to authorize others to do the same. The Grantee hereby grants the Commission full authority and right to modify or create derivative works of, or allow others to modify or create derivative works on behalf of the Commission, any publications first produced under this Agreement. Any content submitted to the Commission which is asserted to be exempt under Florida's Public Records Act, Chapter 119, Florida Statutes, shall be clearly marked "business proprietary", "exempt," "confidential," or "trade secret" (as applicable), with the statutory basis for such claim of exemption, confidentiality, or trade secret specifically identified in writing. Failure to identify any such content shall constitute a waiver of any claimed exemption, confidentiality, or trade secret. E. The terms and conditions specified in Section 32 shall also apply to any subcontracts made under this Agreement. The Grantee shall be responsible for informing the subcontractor of the provisions of this Section and obtaining disclosures. 33. The Grantee is encouraged to publish or otherwise make publicly available the results of the work conducted under this Agreement. USDOE requires an acknowledgement of Federal support. A disclaimer Grant Agreement No. AR5010, Page 8 of 65 .V, FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 must appear in the publication of any material, copyrighted or not, which was based on or developed under this Agreement, as follows: Acknowledgement: "This material is based upon work supported by the U.S. Department of Energy and the Florida Energy and Climate Commission under Award Number DE- EE000024 L" Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, nor any of their contractors, subcontractors or their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or any third party's use or the results of such use of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof or its contractors or subcontractors. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." 34. The Grantee is permitted to develop software or databases under the terms and conditions of this Agreement, including Section 32. 35. The Parties agree they will seek to resolve any disputes between them regarding their responsibilities as soon as possible and at the lowest level reasonable, in order to conserve the resources of the Parties. The Parties further agree to use their best efforts to assure speedy and non - confrontational resolution of any and all disputes between them. 36. This Agreement is executed and entered into in the State of Florida and shall be construed, performed and enforced in all respects in accordance with the laws and rules of the State of Florida. Any litigation arising under this Agreement shall be brought in the appropriate court in Leon, County, Florida, applying Florida Law. 37. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties and attached to the original of this Agreement, unless otherwise provided herein. 38. The following Attachments are incorporated into this Agreement: Attachment A Grant Work Plan Attachment B Payment Request Summary Form Attachment C Monthly Progress Report Attachment D Special Audit Requirements Attachment E Federal Regulations Attachment F Federal Funding Grantee, Sub - grantee and Contractor Provisions Attachment G Debarment and Suspension Form Attachment H Intellectual Property Provisions Attachment I Disclosure of Lobbying Activities Attachment J Property Reporting Form Attachment K Annual Report Grant Agreement No. AR%010, Page 9 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE OUNTY BOARD STATE OF FLORIDA, EXECUTIVE OFFICE OF OF CO CO M S THE GOVERNOR, Florida Ener and Climate Commission By: via Murp Alexander ack ounty MaNK Program Administrator Date: OCT 2 0 20 YA! , v 6. • .. .•r.. t_ a�.'n rtEY Date: �I ZOIv Grant Agreement No. ARS010, Page 10 of 65 ATTACHMENT A GRANT WORK PLAN FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS A. PROJECT TITLE: Keys Energy Conservation Initiative B. PROJECT LOCATION: Monroe County, Florida C. PROJECT BACKGROUND: Monroe County will implement a comprehensive energy savings project, in partnership with the City of Key West, City of Marathon and Islamorada, Village of Islands, which will include several cross - jurisdictional and individual community energy savings activities. The Grantee has identified eight projects to execute a wide assortment of energy savings activities which will benefit 96% of the Keys population. The activities include installation of solar water heaters, energy efficiency outreach and education, retrofitting sports lighting, retrofitting outdoor lighting, development of an Energy Efficiency and Conservation Strategy (EECS), energy audits, purchase of hybrid vehicles and replacement of street lighting poles. Affordable Residential Solar Water Heaters The Grantee, in partnership with Habitat for Humanity (H4H), will install or replace conventional hot water heaters with solar hot water heaters in low to moderate income households. The Grantee will also issue rebates for solar water heaters. This component of the conservation initiative will be coordinated with NexGENergy and Monroe County's Weatherization program. Energy Efficiency Educational Video Communication and Outreach The Grantee will facilitate the production of a 15- minute video and radio segment for National Public Radio (NPR) to highlight the Keys Energy Conservation Initiative 2010. The educational and outreach materials will be available on local government websites and television channels. The materials will be disseminated by CD, DVD and email. Additionally, the Grantee will hold 12 educational workshops for commercial and residential energy efficiency measures. Outreach components of this project will increase the number of Green Living and Education (GLEE) Certified Green Business Partnerships by 100 %. Retrofit Local Park Ball Field Lighting The Grantee will retrofit lighting in six public parks with new energy efficient light fixtures. The parks include the Clayton Sterling Sports Complex, Dewitt Roberts Softball Field, Rosa Hernandez Softball Field, George Mira Football Field, Nelson English Park and Pepe Hernandez Park. 'These parks are located in the City of Key West. Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor Lighting Retrofit Phase 1: Greenhouse Gas (GHG) Emissions Inventory - The Grantee will select a consultant to conduct a greenhouse gas emissions inventory for the City of Marathon. A final report will document the results and recommended strategies for implementation. Phase 2: Energy Audits - The Grantee will hire a consultant to conduct community residential and commercial energy audits and an energy audit for City facilities in the City of Marathon. The results of the studies will be made available to residents and the business community. Phase 3: Outdoor Lighting Retrofit - The Grantee will conduct an outdoor lighting retrofit for Sombrero Beach Road street lights and Marathon Community park lights. The contractor will retrofit 250 outdoor lights. Grant Agreement No. ARS010, Page I 1 of 65 ATTACHMENT A GRANT WORK PLAN EECS Development The Grantee will utilize technical assistance consulting services to assist a team of interdepartmental county staff members with the formulation of an energy efficiency, energy conservation and energy usage strategy. The strategy will identify the means to achieve goals, metrics for measuring progress, timelines for implementation, financing mechanisms and staff assignments. The SECS will ensure sustained benefits of the grant funds beyond the grant period. County Facilities Energy Audit and Retrofit The Grantee will implement energy efficiency measures, based upon audit findings, at four Monroe County facilities, located in Key West, with a total square footage of 197,823 and an annual energy cost of $534,019. An energy audit will allow the Grantee to develop base -line energy use and an in -depth report of quantifiable energy conservation recommendations to determine the most cost effective improvements and to ensure the best possible use of the retrofit funds. The building retrofits will emphasize efficiency and may include retrofit lighting, insulation, heating, ventilation and air - conditioning (HVAC) upgrades, training programs for operation and facility users and monitoring systems. Hybrid Vehicle Purchase The Grantee will reduce GHG emissions by upgrading the County fleet with five hybrid electric vehicles which represents 10% of the administrative fleet. The vehicles will replace five conventional gas- powered vehicles. Replacement of Street Lighting Poles The Grantee will replace interior street lighting, dog park lighting and security lighting in Founders Park and the Administrative & Public Safety Headquarters parking lot located within the park. This work will consist of stripping 90 existing poles, removing current heads, inspecting each post for damage, repairing damage, preparing poles for new solar heads to be installed, adjusting and strengthening mounts, adding mounting brackets and installation of solar heads. In addition, 10 new light poles will be installed at Plantation Hammock Preserve, Plantation Tropical Reserve, Hurricane Monument and Library Parks. The parks to receive retrofits through this component of the project are located in Islamorada, Village of Islands. D. PROJECT OBJECTIVES: • Objective 1: To reduce power consumption within the county by procuring and installing residential solar water heaters in a minimum of 20 low or moderate income households. • Objective 2: To create an educational workshop for commercial and residential energy efficiency measures and a 15- minute video and radio segment to highlight the Keys Energy Conservation Initiative 2010. • Objective 3: To reduce power consumption within the county by procuring and installing energy efficient outdoor sports lighting in six public parks. • Objective 4: To reduce power consumption within the county by conducting a greenhouse gas emissions inventory, energy audits and 250 outdoor lighting retrofits for the City of Marathon. • Objective 5: To reduce fossil fuel emissions in transportation, building, and other applicable public and private sectors by developing and implementing an Energy Efficiency and Conservation Strategy. • Objective 6: To reduce power consumption within the county by implementing energy efficiency measures as recommended by an energy audit of four county facilities. • Objective 7: To reduce GHG and energy consumption within the county by upgrading the county vehicle fleet with hybrid electric vehicles. • Objective 8: To reduce the annual power consumption within the county by procuring and installing 100 solar powered light emitting diode (LED) street lighting poles. Grant Agreement No. ARSO 10, Page 12 of 65 ATTACHMENT A GRANT WORK DEAN E. PROJECT DESCRIPTION: The Grantee has identified eight project(s) that will greatly reduce power consumption therefore reducing utility charges and equipment maintenance fees. The following tasks will be performed in order to meet the project objectives outlined above. Task I - Affordable Residential Solar Water Heaters (Objective 1): • Task la: Select a vendor following the procurement procedures outlined in 10 CFR 600, for solar water heater purchase and installation • Task lb: Coordinate with 1-141-1 to establish an eligible homeowner application • Task le: Select a vendor, negotiate and execute contract • Task Ic: Oversee installation of solar water heaters in 20 qualified affordable homes • Task Id: Coordinate with Keys Energy to provide solar water heater rebates of $450 each • Task le: Submit a report to the Commission including photographs of the installed solar water heaters, utility bills documenting energy reduction, a list of applicants and invoices from both the manufacturer and the installer Task 2 - Energy Efficiency Educational Video Communication and Outreach (Objective 2): • Task 2a: Execute contract with Environmental Education Foundation • Task 2b: Develop video content • Task 2e: Produce video, upload to county website and provide to local governments for distribution • Task 2d: Produce radio segment for Radio Green Earth show on NPR • Task 2e: Coordinate educational outreach technical assistance workshops for businesses and residents • Task 2f: Increase the number of GLEE Certified Green Business partnerships by 100% • Task 2g: Submit a copy of all educational materials and video to the Commission documenting the energy efficiency conservation impacts of the project Task 3 - Retrofit Local Park Ball Field Lighting (Objective 3): • Task 3a: Select a vendor following the procurement procedures outlined in 10 CFR 600, to install ballpark lighting • Task 3b: Oversee installation of ballpark lights in six public parks • Task 3e: Submit a report to the Commission including photographs of the installed lighting, utility bills documenting energy reduction, and invoices from both the manufacturer and the installer Task 4 - Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor Lighting Retrofit (Objective 4): • Task 4a Select a vendor following the procurement procedures outlined in 10 CFR 600, l) a greenhouse gas emissions inventory, 2) a community energy audit and 3) city energy audits • Task 4b: Select a vendor following the procurement procedures outlined in 10 CFR 600, to install outdoor lighting • Task 4c: Define scope of work to identify audit needs • Task 4d: Conduct site inspections • Task 4e: Complete data gathering and analysis for completion of 600 audits • Task 4f: Oversee installation of 250 outdoor lights • Task 4g: An audit report will be created to establish baseline emissions inventory for a base year and for a forecast year to identify emissions reduction targets for the forecast year and identify recommended actions, policies and measures • Task 4h: Submit the final audit report to the Commission and photographs of the installed lighting, utility bills documenting energy reduction, and invoices from both the manufacturer and the installer Task 5 - EECS Development (Objective 5): • Task 5a: The Grantee will develop a scope of work for the EECS • Task 5b: Select a vendor following the procurement procedures outlined in 10 CFR 600, for a technical assistance consultant to assist with plan development and data • Task 5c: Develop EECS for county facilities and operations including energy efficiency, energy conservation and energy usage goals • Task 5d: Provide the Commission with an electronic copy of the EECS. Grant Agreement No. ARS010, Page 13 of 65 ATTACHMENT A GRANT WORK PLAN Task 6 — County Facilities Energy Audit and Retrofit (Objective 6): • Task 6a: Select a vendor following the procurement procedures outlined in 10 CFR 600, for an engineering firm to conduct Grade Energy Audits for four county facilities located in Key West • Task 6b: Create a scope of work and construction bid documents based on energy audit findings • Task 6e: Implementation and installation of energy efficiency measures as approved by the Commission and recommended in the audit report • Task 6d: Submit a report to the Commission including the audit report, photographs of the installed systems, utility bills documenting energy reduction, and invoices from both the manufacturer and the installer Task 7 - Hybrid Vehicle Purchase (Objective 7): • Task 7a: Prepare purchase order for five hybrid vehicles following the procurement procedures outlined in 10 CFR 600. • Task 7b: Finalize purchase of vehicles • Task 7e: Paint and decal vehicles to increase awareness of alternative fuel vehicles • Task 7d: Conduct a training workshop for drivers and maintenance staff • Task 7e: Submit a report to the Commission including photographs of the hybrid vehicles, records of savings and invoices Task 8 - Replacement of Street Lighting Poles (Objective 8): • Task 8a: Identify and designate locations for new light poles • Task 8b: Select a vendor following the procurement procedures outlined in 10 CFR 600, for electricians to retrofit 90 existing poles • Task 8c: Obtain quotes or advertise for the purchase of 100 solar powered light fixtures • Task 8d: Identify existing underground utilities and mark sites for new poles • Task Be: Award contract and purchase order for 100 fixtures • Task 8f: Installation of new light poles • Task 8g: Submit a report to the Commission including photographs of the installed street lighting poles, utility bills documenting energy reduction, and invoices from both the manufacturer and the installer F. PROJECT MILESTONES/DELIVERABLES /OUTPUTS: The tables below identify the month of the project each task will start and be accomplished for all eight components of the Keys Energy Conservation Initiative. Off —Aahla Qa.idantial geIar Wnter Flentern No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month Month 1 Select a vendor following the Submit RFP to Commission procurement procedures outlined 1 2 in 10 CFR 600, for solar water heater purchase and installation 2 Develop application for eligible Submit application to Commission 2 2 homeowners 3 Oversee installation of solar water Contract executed for installation heaters in 20 homes and materials purchased. Copies of 3 16 invoices sent to the Commission 4 ' Coordinate with the Provide homeowners with Weatherization program to assist recommendations 5 16 homeowners with additional retrofits 5 Coordinate rebates with Keys Use rebates to increase # solar 10 16 Energy heaters to be installed 6 Final Report Submit a report including photographs of the installed water 18 18 heaters, utility bills and invoices Grant Agreement No. ARS010, Page 14 of 65 - . ATTACHMENT A GRANT WORK PLAN Grant Agreement No. ARS010, Page 15 of 65 ATTACHMENT A GRANT WORK PLAN 2 Ener EMciencv Educational Video Communication and Outreach No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month I Execute contract with Contract approved an signed by 1 6 Environmental Education Board of County Commissioners 2 3 2 Foundation Lighting installed in six public 6 11 2 Develop content and produce Submit outline of content to 3 energy educational video Commission and place on County 3 9 city energy audits website 11 13 3 Produce radio segment Radio segment broadcasted on NPR 10 12 4 Coordinate 12 technical Training workshops and public 4 assistance workshops for business educations sessions complete, a list 10 16 and residents of attendees and evaluations forms 3 Sign contract with consultants rovided to the Commission 5 Final Report Submit a report including 4 5 educational materials created with 18 18 4 Define scope of work and identify funds 5 8 3 Retrofit Local Park Ball Field Lightin No. Task/Acdvity Description Deliverables/ Outputs Start Month Deadline Month 1 I Solicit RFP for ballpark lighting Contractor selected for installation 1 6 procurement procedures outlined of lightin 2 Oversee installation of ballpark Lighting installed in six public 6 11 lig hts parks 3 Final Report Submit a report including city energy audits photographs of the light retrofit, 11 13 2 Select a vendor following the utility bills and invoices d (lraan6m�tn (=nLt Fmissinna Invento EnerQv Audits and Outdoor Li¢htinS Retrofit No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Select a vendor following the Submit RFP to Commission procurement procedures outlined in 10 CFR 600, t) a greenhouse 1 4 gas emissions inventory, 2) a community energy audit and 3) city energy audits 2 Select a vendor following the Submit RFP to Commission procurement procedures outlined 4 in 10 CFR 600, for outdoor lighting installation 3 Sign contract with consultants Consultants selected to conduct GHG inventory, community energy 4 5 audit and city energy audit 4 Define scope of work and identify Submit scope of work to 5 8 audit needs Commission 5 Site inspections, measurements Consultant will draft final report for 8 14 and data analysis City approval 6 Oversee installation of outdoor 250 outdoor lights installed 10 14 li ghting 7 Final Report Final audit report% submitted to 15 16 Commission Grant Agreement No. ARS010, Page 16 of 65 ATTACHMENT A GRANT WORK PLAN 5. EECS Development No. Task/Acdvity Description Deliverables/ Outputs Start Month Deadline Month 1 ;Month 1 Develop scope of work for EECS Scope of work complete 1 3 2 Select a vendor following the Consultant assisted with plan I 2 procurement procedures outlined development and data gathering 2 Finalize purchase of vehicles and in 10 CFR 600, for a technical 3 6 1 assistance consultant to assist 3 Paint and decal vehicles Vehicles painted and decaled to with Plan development and data increase awareness of alternative 6 7 3 Develop EECS for county SECS adopted by Board of County 4 Conduct a training workshop for facilities and operations including Commissioners 2 2 3 energy efficiency, energy Submit scope of work to 6 13 conservation and energy usage Commission 3 6 4 oals Board of County Commissioners 4--Final Report Final EECS submitted to 6 9 5 Complete installation of energy Commission 14 14 6. County Facilities Energy Audit and Retrofit No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Month I Select a vendor following the Agreement signed and approve by hybrid vehicles following the procurement procedures outlined Board of County Commissioners I 2 in 10 CFR 600, for an engineering 2 Finalize purchase of vehicles and firm to conduct Grade Energy 1 2 1 Audits for four county facilities 3 Paint and decal vehicles Vehicles painted and decaled to located in Key West increase awareness of alternative 6 7 2 Conduct energy audit Detailed investment grade audit 4 Conduct a training workshop for Workshops and training completed submitted to County 2 2 3 Define scope of work for retrofits Submit scope of work to Final Report Submit a report to the Commission as recommended in energy audit Commission 3 6 4 Execute contract for facility Board of County Commissioners retrofits approval and execution 6 9 5 Complete installation of energy Installation documentation efficient retrofits com lete q l 8 6 Complete measurement and Energy saving calculations verification documented 17 18 7 Final Report Submit a final report to include evidence of energy savings as a 18 18 result of the energy audit 7. Hybrid Vehicle Purchase No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month 1 Prepare purchase order for five Vehicles ordered hybrid vehicles following the procurement procedures outlined I 2 in 10 CFR 600. 2 Finalize purchase of vehicles and Vehicles arrive arrival 1 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 I 1 5 Final Report Submit a report to the Commission including photographs of the h brid 12 l2 Grant Agreement No. ARSO10, Page 17 of 65 ATTACHMENT A GRANT WORK PLAN vehicles, records of savings and invoices Grant Agreement No. ARSO10, Page IS of 65 ATTACHMENT A GRANT WORK PLAN 9. Renlaeement of Street l.iohtino Pntn. No. Task/Activity Description Deliverables/ Outputs Start Month Deadline Month I Select a vendor following the Electrician selected procurement procedures outlined in 10 CFR 600, for electricians to I 3 retrofit 90 existing poles 2 Obtain quotes for the purchase of Solar light fixtures purchased solar powered light fixtures 3 4 3 Identify existing underground Sites prepared for installation utilities and mark sites for new 3 8 po les 4 Installation of new light poles Light poles installed 4 8 5 Final Report Submit a report to the Commission including photographs of the installed street lighting poles, utility 9 9 bills and invoices Grant Agreement No. ARSO 10, Page 19 of 65 ATTACHMENT A GRANT WORK PLAN G. PROJECT BUDGET: The budget below summarizes the project by Funding Category. All dollar amounts are rounded to the nearest whole dollar value. H. TOTAL BUDGET BY TASK: The project budget below summarizes the project by Project Task. Project Tasks correspond to the "Project Description' section. All dollar amounts are rounded to the nearest whole dollar value. Cost Share: Matching Funds and Funding Category Grant Funds Other In -Kind Contributions Funding Source of Funds 1. Salaries $109,614.00 $270,831.52 Monroe County, Habitat for Humanity, I Complete Residential Solar $130,000.00 OF /GITF, City of Key West GR, City of Monroe County, Habitat for Humanity Water Heater Marathon GR, UF, Islamorada GR 2. Fringe Benefits $32,884.00 2 Monroe County, UF, City of Key West GR, $30,000.00 $105,661.00 $76,096.27 Islamorada GR 3. Travel if authorized) $0.00 $7,549.00 Monroe Coun 4. Supplies/Other $8,125.00 Monroe County, Habitat for Humanity, Green Expenses 3 $83,663.00 Living and Energy Education Inc, City of Key $113,985.42 City of Key West, KEY Energy West GR, Islamorada GR 5. Equipment S 111,875.00 $0.00 Keys Energy Services, Federal Tax Credit 6. Contractual Services $2,424,790.00 $110,972.89 Monroe County, NexGENergy, Environmental Audit and Lighting $164,757.00 Education Foundation, KEYS Energy, City of 5 Complete EECS Marathon GR, Cameron -Cole LLC 7. Indirect (if authorized) $0.00 $0.00 N/A Total Project Budget $2,687,288.00 $602,8%.79 Total Project Cost = Grants Funds + Cost Share $3 290 184.79 Complete Purchase of Cost Share Percentage 18.3% = Cost Share / Total Project Cost H. TOTAL BUDGET BY TASK: The project budget below summarizes the project by Project Task. Project Tasks correspond to the "Project Description' section. All dollar amounts are rounded to the nearest whole dollar value. Grant Agreement No. ARSO 10, Page 20 of 65 Cost Share: Matching Funds and Project Task Grant Funds Other In-Kind Contributions Matching Source Funds I Complete Residential Solar $130,000.00 $47,281.00 Monroe County, Habitat for Humanity Water Heater 2 Complete Energy $30,000.00 $105,661.00 OF /GITF, Monroe County, Green Living Education and Outreach and Energy Education, Inc, Environmental Education Foundation 3 Complete Ball Park Light $744,790.00 $113,985.42 City of Key West, KEY Energy Retrofit 4 Complete GHG Inventory, $400,000.00 $110,972.89 City of Marathon Audit and Lighting 5 Complete EECS $20,000.00 $96,364.48 UF, Monroe County, Cameron -Cole LLC 6 Complete County Facilities $700,000.00 $69,400.03 Monroe County Audit and Retrofit 7 Complete Purchase of $120,000.00 $4,78100 Monroe County Hybrid Vehicles 8 Complete Solar Park $400,000.00 $48,243.00 Islamorada Lightin 9 Ongoing Project Admin $142,498.00 $7,591.00 Monroe County and Reportin Totals: $2,687,288.00 $602,896.79 Total Project Cost: — Grant Funds + Cost Share S3 290 784.79 Grant Agreement No. ARSO 10, Page 20 of 65 ATTACHMENT A GRANT WORK PLAN I. BUDGET DETAIL: Using the definitions provided below, the detailed, line -item budget clarifies the Budget Summary shown in Section G. Budget Category Sub - Totals have been rounded to the nearest whole dollar value. Up to 10% of grant funds may be used for administrative costs, excluding the cost of meeting reporting requirements of the program. Administrative costs are defined as: allowable, reasonable, and allocable Direct and Indirect costs related to overall management of the awarded grant (including travel). For each budget line -item, the appropriate column identifies if the cost is: 1) Grant or Match, 2) a Direct cost used to calculate Indirect Costs (if approved) and 3) whether the cost is Administrative in nature. A description of what is required for each budget category is as follows: 1. Salad - Identify the persons to be compensated for work on this project by name (if known), position, and title. Show the hourly cost and total hours to be charged for each person or position. Divide annual salaries by 2080 hours and nine month academic salaries by 1560 hours, to find the hourly rate. 2. Fringe Ben eRts - Multiply the rate by the total salaries to which fringe benefits apply. If the rate is variable, explain and show calculations. 3. Tray - List trips by their purpose and/or destination. Indicate the number of days for each trip. The Commission will only reimburse for travel at the appropriate State of Florida rate (Section 112.061, Florida Statutes), using the forms referenced in Attachment B, Payment Request Summary Form. Be prepared to provide the Commission with details on costs utilized to calculate the "Amount Budgeted" for each trip. 4. Supplies & Other Expenses - List expendable supplies by category description, unit costs and quantity. List other expenses not included in any of the above categories. Examples would be printing, copying, postage, communications, etc. Non - expendable equipment valued at less than $1,000 may be listed also. Include only expenses directly related to the project, not expenses of a general nature. For Match only, list costs related to donated real property such as land (not to exceed the fair market value of the property). 5. Equipment - List non - expendable personal property /equipment valued at $1,000 or more by description, unit cost, and quantity. Computers and data - processing equipment should be described in detail. 6. Contractual Services - Subcontractors should provide the same information required by this budget table, with the following exceptions: (a) when professional services are provided at a pre- existing approved rate or fee shown on the budget; or (b) the subcontract is to be obtained competitively. For either (a) or (b), show an estimated maximum amount. 7. Indirect Costs /Rate — Indirect Costs are not authorized. 8. 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O S S S 88 VD y O O U •• cA o � F O ool (A o t3 O M 71 H ly 6 a 'A ° WS gu H U H � ° v a U °= ri v a Uy U O t0 3 O �O a V � p 0. w u Q v� W U U w O W W) v.. 0 00 N ro a o_ z to C7 to N v S S S r o w ;g O �O M �f eppV �p � 69 H w O F + + + + + + + + S C) S S S S 88 cA O ool o t3 O M 6 'A ° WS 604 H U a a F II II n I II II II p II„ S S S n N C 0 v n o! 0000 t1 00 8+ o O n a` = a 664 6A = 0 n 6n fi4 ell w 6A N M � w O 0 U a E� CO m U o a �' y g ca a a �= F- w Cl) U O t0 3 O �O a V � p 0. w u Q v� W U U w O W W) v.. 0 00 N ro a o_ z to C7 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Grantee: Mailing Address: Grant Agreement No.: Date Of Request: Amount Requested:$ Grantee's Representative: Reimbursement Request No.: Reimbursement Period: to Percent Matching Required: PROJECT EXPENDITURES SUMMARY SECTION the P final Report by the Commission's Grant Manager. GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above is for items tnat were cnar ea to and utilized only for the above cited grant activities. Grantee's Representative's Signature Grantee's Fiscal Agent Print Name Telephone Number Print Name Telephone Number Grant Agreement No. ARS010, Page 29 of 65 AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS CUMULATIVE PAYMENTS MATCHING FUNDS 1. Salaries S S $ S 2. Fringe Benefits S S $ $ 3. Travel if authorized $ $ S $ 4. Supplies/Other Expenses $ S S S 5. Equipment S S $ S 6. Contractual Services S $ $ S 7. Indirect Costs if authorized S S $ S TOTAL AMOUNT EXPENDED S S $ $ Less RetainsSe* S S 10% of TOTAL AMOUNT EXPENDED TOTAL AMOUNT TO BE REIMBURSED $ $ AGREEMENT AMOUNT S S Less TOTAL AMOUNT EXPENDED: S $ TOTAL AVAILABLE BALANCE $ $ * The cumulative Retainage amount shall be reimbursed on the Final Reimbursement Request, upon annroval of the P final Report by the Commission's Grant Manager. GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above is for items tnat were cnar ea to and utilized only for the above cited grant activities. Grantee's Representative's Signature Grantee's Fiscal Agent Print Name Telephone Number Print Name Telephone Number Grant Agreement No. ARS010, Page 29 of 65 � k * O U w q § U k � 2 W w � § � � 7 0 z w w 3 § � @ 2 C � / � D � a � � � � � � � � � � 7 � 2 s ■ 7 « �\ a- f U � 46 �\ ®. � & CL U fa /� LL � Ul m $ �^ J 2 %K e a_ 2� o_ 2: � ■ § � ® e ` @ d CL ° L I e m z \ 0 § E \ I - u g & r 2 e $ 1 141 \ % � \ ) } \ } k �/�� 22 z � 7 \� z2� 7 ■ g " o il ( (3 " o o " £2� $ $2� § §2 I I 7 � �E� 2 � 2 § e e 2� m % k % 3 2 ; ; � \ % � \ ) } \ } 0 O F �a U 0 a W z W O w 0 O z F z W W Q F N v .� N Z Q Q a Ea N Ca N � m N G E C ° N (J Z ° � V Z S m E GQ � dad � u It c ° 2 2 0, 4 0 ��2 �d � O N r m W LZ m &Z C C a } JCL � 0 'L a (A �TO� p > C k F z ad @ "'C) r w O mL W J! m G 3 CD S �. 4 z v Tj n z css � vi � ra � c Y o o p (� am c �-m is 4 ) , R o V C «: « > , W > C Q cC A + ° F7 0 N ' A O «A t o h '`-� d F V F ° - 7 CL In N 7 7 o H m N t� m v v >3 > m� omc E E `� �t E E o .. Z Z O M d Q v L c V" z 2 2 \� Q$ w . 2z � d� o§ $� �� w E O w � \ � / ) \ / W" .2/ p � § � # � ■ � . . � � ■ o � ■ � � } ƒ cl � � e R _ 2 �� $- ® 2 § a �- � \ �® LU 2 � ■ CD k e CIL I , / k� J mc z 43 V ' z # � \ � / ) \ / W" C a� ° cac� cg � c gym: Z5 Z c =E cc OOu cam. c H Q'Z O mr C� as h o a. w c Is O n L O._ N m> Z ix 0. $Uj O R �. Ila -S Uj z fat '3 2 W F If 69 $ N at Nit m -0 C C CL >� w >� c Q � 0 U O 7 0 O O m d V w p �_ ? c� of° N w C O > « m ° o Ut"ay� m E E • (� ++ Z Z 69 m 7 F- O O F- d N c a 0 z e L v Q G A u FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the Grantee's agency, as reflected on your Grant Agreement. MAILING ADDRESS: Enter the reimbursement mailing address. GRANT AGREEMENT NO.: This is the six -digit number on your Grant Agreement. DATE OF REQUEST: This is the date the Grantee is submitting the request for reimbursement. AMOUNT REQUESTED: This is the amount on the "TOTAL AMOUNT TO BE REIMBURSED" line for the "AMOUNT OF THIS REQUEST' column. GRANTEE'S REPRESENTATIVE: This is the person identified as Grantee's Representative in the Grant Agreement. REIMBURSEMENT REQUEST NO.: This is the number of the reimbursement request, not the month number. The first reimbursement request submitted shall be number 1 and subsequent reimbursement requests shall be numbered in ascending numerical order. REIMBURSEMENT PERIOD: This is the beginning date (dd/mm/yyyy) and ending date (dd/mm/yyyy) of the reimbursement period. PERCENT MATCHING REQUIRED: Enter the Match requirement here, as reflected on the approved Attachment A, Grant Work Plan. PROJECT EXPENDITURES SUMMARY SECTION "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount paid during the reimbursement period. Provide accurate costs and do not round figures to the nearest whole dollar value All costs included in the reimbursement request must agree with the approved Project Budget in the current Attachment A, Grant Work Plan of your Grant Agreement. Do not request reimbursement for costs that do not have an associated, approved, funded budget category or approved, funded budget line- item in the current Project Budget. Do not claim items that are not specifically identified in the current Budget Detail as reflected in Section I of the current Attachment A, Grant Work Plan. • Enter the column total on the "TOTAL AMOUNT EXPENDED" line. The figures reflected for each approved budget category must correspond with the budget category amount reflected on the associated Grant Reimbursement Detail Form. • For the "Less Retainage" line, calculate 10% of the "TOTAL AMOUNT EXPENDED" for this reimbursement request; this figure must be shown in brackets (e.g. <$X,XXX.XX >) to reflect that the amount will be deducted from the "TOT,4L AMOUNT EXPENDED ". • For the "TOTAL AMOUNT TO BE REIMBURSED" line, deduct the "Less Retainage" amount from the "TOTAL AMOUNT EXPENDED". • For the "AGREEMENTAMOUNT', enter the total amount of the Grant Agreement. For the "Less TOTAL AMOUNT EXPENDED" line, enter the total amount expended as reflected on this reimbursement request and all previous reimbursement requests. • For the "TOTAL A BAILABLE BALANCE " line, deduct the "Less TOTAL AMOUNT EXPENDED" amount from the "AGREEMENT AMOUNT'. • For o� the Final Reimbursement Request, the Grantee may request reimbursement of all previously deducted Retainage on the condition that the Final Report for the project has been submitted and approved by the Commission's Grant Manager. To request reimbursement of Retainage, reflect the cumulative amount of Retainage as a positive figure (no brackets) in the "Less Retainage" line and add it to the "TOTAL AMOUNT EXPENDED" to reflect the final "TOTAL A MOUNT TO BE REIMBURSED" amount. "TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts previously submitted for reimbursement to date for each approved, funded budget category. Provide accurate costs and do not round figures to the nearest whole dollar value. On the "Less Retainage" line, enter the total cumulative amount of Retainage deducted from all reimbursement requests. On the "TOTAL AMOUNT TO BE REIMBURSED" line, deduct the cumulative "Less Retainage" amount from the cumulative "TOTAL AMOUNT EXPENDED ". The Final Reimbursement Request must show the total of all reimbursements; fast through the final reimbursement (this amount cannot exceed the approved, funded budget amount for each budget category). Enter the column total on the "TOTALS' line. Grant Agreement No. ARS010, Page 34 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 "MATCHING FUNDS" COLUMN: Enter the amount documented as Match for the reimbursement period. Provide accurate costs and do not round figures to the nearest whole dollar value. This needs to be shown under specific budget categories according to the currently approved Attachment A, Grant Work Plan. • Enter the total for all budget categories on the "TOTAL AMOUNT EXPENDED" line for this column. • Enter the total Match budget amount on the "AGREEMENT AMOUNT' line for this column. This amount must correspond with the minimum Match amount specified in Section 4.A of the Grant Agreement and as reflected on the currently approved Attachment A, Grant Work Plan • Enter the total cumulative amount of this and any previous Match documented on the "LESS T07.9L AMOUNT EXPENDED" line for this column. • Deduct the "LESS TOTAL AMOUNT EXPENDED" from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL AVAILABLE BALANCE' line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount documented to date for Match by budget category. Enter the total of all budget categories on the line titled "TOTALAMOUNT EXPENDED." The Final Reimbursement Request must reflect the total of all documented Match, beginning with the first Match documentation through the final Match documentation, etc. The proportion of cumulative Matching funds as of the final Match documentation must equate to the Cost Share Percentage as reflected on the current, approved Attachment A, Grant Work Plan of the Grant Agreement. If insufficient "TOTAL CUMULATIVE MATCHING FUNDS" are submitted, the Final Reimbursement Request of grant funds shall be reduced to ensure that the Cost Share Percentage GRANTEE CERTIFICATION: The Payment Request Summary Form must be signed by both the Grantee's Representative as identified in the Grant Agreement and the Grantee's Fiscal Agent to be approved for reimbursement. NOTE: If requesting reimbursement for travel, you must include copies of all travel receipts and a copy of the Commission's properly completed travel reimbursement form (in the format approved by the Department of Financial Services, Chief Financial Officer) that has been signed by both the traveler and the traveler's supervisor. Grant Agreement No. ARS010, Page 35 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 INSTRUCTIONS FOR COMPLETING GRANT REIMBURSEMENT DETAIL and MATCH DOCUMENTATION DETAIL Provide a detailed, line -item description using the worksheet provided for each Budget Category of funds Grantee is requesting for reimbursement or documentation of Match. Costs listed on the Grant Reimbursement Detail must reflect information on supporting documentation, must correspond with the approved Project Budget, the Payment Request Summary Form — Project Expenditures Summary Section and accompanying supporting documentation. The description of each line -item must include the month and year that the item was received; this month and year must fall within the Reimbursement Period. Any line -item with a corresponding month and year prior to the Reimbursement Period must be accompanied by a statement that this cost was not included in a prior Reimbursement Request. For each budget line -item, identify if the cost is: 1) Grant or Match, 2) a Direct cost used to calculate Indirect Costs (if approved), and 3) whether the cost is Administrative in nature. Provide accurate costs and do not round the amounts to the nearest whole dollar value. Supporting documentation for each amount for which reimbursement is being requested must: 1) list the item that has been paid for, 2) be submitted in the order in which items are shown on the Grant Reimbursement Detail and the Match Documentation Detail and 3) be either highlighted or circled. Check numbers may be provided in lieu of copies of the actual checks. If an item was purchased with a credit card, reflect "paid by credit card" on Grant Reimbursement Detail or the Match Documentation Detail, in lieu of a check number and provide vendor receipt reflecting that the item was paid by credit card (this can be hand written) along with a copy of related credit card statement (credit card number and other confidential information may be blacked out). Each piece of documentation must clearly reflect the dates of service. Only expenditures for budget categories and budget line -items in the approved Project Budget will be reimbursed or documented as Match. Listed below are the types of documentation and examples of minimum requirements. (l) Salaries: A payroll register or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the Grant Agreement specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, including submission of the claim on the approved state travel form that has been signed and dated by the traveler and the traveler's supervisor and copies of all travel receipts must also be attached. For additional information on documentation of travel costs, contact the assigned Commission Grant Manager. (4) Supplies - Other Expenses: Reimbursement will be made based on paid invoices/receipts. (5) Equipment: Reimbursement will be made based on paid invoices/receipts. Attachment J, Property Reporting Form, must be properly completed, signed and attached to the Attachment B, Payment Request Summary Form for each item of equipment requested for reimbursement or match documentation. (6) Contractual Services: Reimbursement will be made based on paid invoices/receipts. Subcontractors must be listed on Attachment C, Monthly Progress Report, for the corresponding reimbursement period. (7) Indirect Costs: If the Grant Agreement allows recovery of Indirect Costs, the calculation of these costs must be based upon direct costs reflected in the corresponding reimbursement period, utilizing the Indirect Cost rate in the approved Project Budget. Grant Agreement No. ARS010, Page 36 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT C MONTHLY PROGRESS REPORT STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARD Grant Agreement No.: ARSO10 Grantee Name: Grantee Address: Grantee's Representative: Telephone No.: Monthly Reporting Period- Project Number and Title: A. Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) B. Provide an update on the number of jobs created or retained, quantify the reduction of greenhouse gasses and the energy saved in kWh or BTU. C. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Grant Agreement No. ARS010, Page 37 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 D. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. E. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on -line photographs, etc.) F. Provide a project Grant Budget update, comparing the Grant Project Budget to actual costs to date. Grant Grant Grant Budget Total Grant Expenditures Expenditures this Grant Project Category Project Prior to this Reporting Period Funding Balance Budget Reportina Period 1. Salaries 2. Fringe Benefits 3. Travel (if authorized) 4. Supplies/Other Expenses 5. Equipment 6, Contractual Services 7. Indirect Costs if authorized S. Total of all Grant Budget Categories Grant Agreement No. ARS010, Page 38 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 G. Provide a project Match Budget update, comparing the Match Project Budget to actual costs to date. Number of Match Match Performed Match Budget Total Match Expenditures Expenditures this Match Project Category Project Prior to this Reporting Period Funding Balance Budget Reporting Period 1. Salaries 2. Fringe Benefits 3. Travel (if authorized) 4. Supplies/Other Expenses 5. Equipment 6, Contractual Services 7. Indirect Costs if authorized 8. Total of all match Budget Categories H. REPORTING Activities: !GRANT MANAGER NOTE: all of the tables below may not be required for this Agreement Please c hoose the appropriate metric(s) for the funded activity and include only the annronriate tables for each Ameement on a nroieet to nroiect basis.! Grant Agreement No. ARS010, Page 39 of 65 Building Enem Audlts Number of Audits Performed Floor Space Audited Auditor's Projection of Energy Saved Grant Agreement No. ARS010, Page 39 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 Grant Agreement No. ARS010. Page 40 of 65 LO=4 Crash and-'; rinrW Developni Number of Loans Given Monetary value of Loans Given Number of Grants Given Monetary value of Grants Given Grant Agreement No. ARS010. Page 40 of 65 Renewable Eivir rinrW Developni Number of Solar Energy Systems Installed Total Capacity of Solar Energy Systems Number of Wind Energy Systems Installed Total Capacity of Wind Energy Systems Number of other Renewable Energy Systems Installed Total Capacity of other Renewable Energy Systems Grant Agreement No. ARS010. Page 40 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 WorweP4,. Trttmw Number of Workshops, Training and Education Sessions Held Number of People Attending Workshops, Training and Education Sessions Jew 0"ftd, Number of 4? Number of Alternative Fuel Vehicles Purchased Number of Vehicle Conversions to Alternative Ener Number of New Alternative Fueling Stations Number of Carpools and Van Is Formed [Number of Energy Efficient Traffic - Signals Installed Number of Street Lane Miles for which Synchronized Traffic Signals were Installed WorweP4,. Trttmw Number of Workshops, Training and Education Sessions Held Number of People Attending Workshops, Training and Education Sessions Grant Agreement No. ARS010, Page 41 of 65 Jew 0"ftd, Number of Direct Jobs Created Number of Indirect Jobs Created Actual Worker Head Count Number of FTE Job Equivalents Grant Agreement No. ARS010, Page 41 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 SUBCONTRACTOR LIST Grant .Agreement yo. ARS010. Page 42 of 65 Eiirjm Ssviti Reduction in Capacity and Natural Gas Generado - Consumption (mmcf) Reduction in Electricity Consumption (MWh Reduction in Electricity Demand MW Reduction in Natural Gas Consumption mmc Reduction in Fuel Oil Consumption (gallons Reduction in Propane Consumption (gallons Reduction in Gasoline and Diesel Consumption (gallons Amount of wind - powered electric generating capacity installed Amount of electricity generated from wind systems (MWh SUBCONTRACTOR LIST Grant .Agreement yo. ARS010. Page 42 of 65 Renewabk Enewf Tons Carbon Capacity and Emission Generado - Amount of photovoltaic generating capacity installed (MW) Amount of electricity generated from photovoltaic systems MWh) Amount of electric generating capacity from other renewable sources installed (MW Amount of electricity generated from other renewable sources MWh SUBCONTRACTOR LIST Grant .Agreement yo. ARS010. Page 42 of 65 Emiarlon Redactions. Tons Carbon Emission Reduction (CO2 Equivalent Tons of Sulfur Dioxide Emission Reduction (CO2 Equivalent) Tons of Nitrogen Oxide Emission Reduction (CO2 Equivalent) Tons of Carbon Monoxide Emission Reduction (CO2 Equivalent) SUBCONTRACTOR LIST Grant .Agreement yo. ARS010. Page 42 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 The Grantee may subcontract work under this Grant Agreement without the prior approval of the Grant Manager, upon the condition that each Monthly Progress Report must contain a current list of subcontractors, as required in Section 18.A of the Grant Agreement. -t grantee aoes not nave subcontractors, please state ','None' below NtUM of cWW Twat Amson u ado„ or w.rs subeontr>aetot A&Irew ` ateael► sr6eott&swt tbMter J. MINORITY/WOMAN /SERVICE - DISABLED VETERAN -OWNED BUSINESS LIST The Grantee is encouraged to use small businesses, including minority, woman and service - disabled veteran - owned businesses as subcontractors under this Grant Agreement. As required in Section 18.0 of the Grant Agreement, the Grantee is required to report information concerning their use of such businesses in each Monthly Progress Report. •If grantee does not have any subcontracts with minority/woman/service- disabled veteran- owned businesses, please state 'None' below Tots! AmMuM Typoefswhww ftm to 90hum Deserlp M st b ra . . dwbg . Couiel9oe�riew W t' � byk. t A AA- This report is submitted in accordance with the reporting requirements of Grant Agreement No. ARS010 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Representative Date Grant Agreement No. ARS010, Page 43 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT D SPECIAL AUDIT REQUIREMENTS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS The administration of resources awarded by the Florida Energy and Climate Commission (hereinafter referred to as the "Commission ") to the recipient (hereinafter referred to as the "grantee" or "recipient'), may be subject to audits and/or monitoring by the Commission, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Commission staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. Rif]YK PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A- t33, as revised. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1. the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non- Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http: ; Grant Agreement No. ARSO 10, Page 44 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION PART II: STATE FUNDED GRANT AGREEMENT NO. ARS010 This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97, Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. if the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non- state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. The recipient must include the record keeping requirements found herein in subcontractor agreements entered into for work required under terms of this Agreement. In the executed subcontract, the recipient shall provide each subcontractor of state financial assistance the information needed by the subcontractor to comply with the requirements of Section 215.97, Florida Statutes. Pursuant to Section 215.97, Florida Statutes, the recipient shall review and monitor subcontractor audit reports and perform other procedures as specified in the agreement with the subcontractor, which may include onsite visits. The recipient shall require subcontractors, as a condition of receiving state financial assistance, to permit the independent auditor of the recipient, the Commission, the Chief Financial Officer, the Chief Inspector General and the Auditor General access to the subcontractor's records and independent auditor's working papers as necessary to comply with the requirements of Section 215.97, Florida Statutes. 5. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hums• /apps fldfs com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: The Florid Legislature's Website at http: / us/Welcomc /index cfm, the State of Florida's website at htt]2://www.mvflorida.c the Department of Financial Services' Website at ht!p:Hwww.fldfs.com/ and the Auditor General's Website at l ittp: / /www.state tl.us /au_ dgen PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Part I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: A. The Florida Energy and Climate Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399 -0001 Grant Agreement No. .ARSO10, Page 45 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2 Pursuant to Section .320(f), OMB Circular A433. as revised, the recipient shall submit a copy of the reporting package described in Section 320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399 -0001 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Florida Energy and Climate Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, FL 32399 -0001 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow access to such records upon request by the Commission or its designee, Chief Financial Officer or Auditor General. The recipient shall ensure that audit working papers are made available to the Commission or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Commission. Grant Agreement No. ARSO10, Page 46 of 65 O �o 0 � U W QO �z� UW� zz ° W w� d rew V C7 aQ w� w d � O w C7 O a O O H z 0 a cy a 4 z U H O F» D O Q„m.9 F. LL. I U V x 9 �A H Q � � V U :J •. , 0 c.c. .c o :o o c c 9� 3 � UU 1r w N gam. U •a ` g, � � 3 b 04 a -r 3a a " u w 5 u g h �O O A a . d 0 x z E Lu Q i 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 concerning administrative procedures for USDOE grants appear in Title 10 of the Code of Federal Regulations. Grant program administrative regulations appear in Part 600. Other USDOE regulations also impact grant programs. The following list contains regulations and Office of Management and Bud et Circulars which may apply to the work performed under this Agreement. 2 CFR 176 Award Terms for Assistance Agreements that include funds under the American Recovery and Reinvestment Act of 2009, Public Law 111 -5 2 CFR 901 Non procurement Debarment and Suspension 10 CFR 600 Financial Assistance Rules 10 CFR 601 New Restrictions on Lobbyin 10 CFR 607 Government wide requirements for drug-free work place financial assistance 10 CFR 1039 Uniform relocation assistance and real property acquisition for federal and federally assisted programs 10 CRF 1040 Nondiscrimination in Federally Assisted Programs or Activities 10 CFR 1041 Enforcement of Nondiscrimination on the basis of handicap in programs or activities conducted by USDOE 10 CFR 1042 Nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance Other Federal Regulations 45 CFR Subtitle A — Appendix E to Part 74 Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals 48 CFR 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal agenc Office of Management and Budget Circulars A -21 Cost Principles for Educational Institutions A -87 Cost Principles for State, Local, and Indian Tribal Governments A -102 Grants and Cooperative Agreements with State and Local Governments A -110 Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations A -122 Cost Principles for Non - Profit Organizations A -133 Audit Requirements Grant Agreement No, ARS010, Page 48 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT F FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTOR PROVISIONS STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS All subgrants and contracts awarded by the Grantee, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 1 1375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276e) - All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a -7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a -7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction "). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than I % times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 10 CFR part 600.325, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Grant Agreement No. ARS010, Page 49 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 6. Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act, (42 U.S.C. 300h -3(e)) - Contracts and subgnants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act, (42 U.S.C. 300h- 3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) which may apply. 11. Compliance with the requirements of Titles 1I and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provision of the Hatch Act (5 U.S.C. 1501 — 1508 and 7324 — 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Comply, if applicable, with flood insurance purchase requirements of Section 102(x) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Grant Agreement No. ARS010, Page 50 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EP 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.) 17. Compliance with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm bloodied animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efllciency which are contained L. 94 -163, 89 Stat. 871). in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. 21. Assist the Commission in complying with the State Energy Conservation Program as described In the Code of Federal Regulations, Title 10, Parts 420 and 450 and guidance issued by the U.S. Department of Energy and subsequent guidance issued by the U.S. Department of Energy; the Financial Assistance Rules described in Title 10, Part 600, as well as those regulations concerning the use of oil overcharge recovery funds. 22. The Commission reserves the right to transfer equipment acquired under this grant as provided in Title 10, Part 600.117. The Recipient can obtain a release of this right upon application containing certain commitments. 23. Compliance with the Buy American Act (41 U.S.C. l0a -10c) By accepting funds under this Agreement , th e Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933, popularly known as the "Buy American Act." The Grantee should review the provisions of the Act to ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement should be American -made. 24. Preservation of open and competition and government neutrality towards contractors' labor relations on federally funded construction projects a. Unless in conflict with State or local laws, you must ensure that bid specifications, project agreement, or other controlling documents in construction contracts awarded pursuant to this agreement, or pursuant to a subaward to this agreement, do not: 1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction project(s); or Grant Agreement No. ARS010, Page 51 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 2. Otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related construction project(s). b. The term "construction contract" as used in this provision means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. c. Nothing in this provision prohibits bidders, offerors, contractors, or subcontractors from voluntarily entering into agreements with labor organizations. 25. Compliance with the provision included in Title XV and Title XVI of Public Law 111 -5, the American Recovery and Reinvestment Act of 2009. 26. Segregation of Costs — Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track, and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. 27. False Claims Act — Recipient and sub - recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principle, employee, agent, contractor, sub - grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. Grant Agreement No. ARSO1 O, Page 52 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 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 7'he undersigned hereby certilles that neither it nor its principals is presently debarred suspen declared ineligible, or voluntarily excluded from participation in this trana by enY Federal department �' Proposed for debatmenl, or agency. The undersigned also certifies that it and its principals: (a) Have not within a three -year period pridi IN$ catifation been convicted of or had a dull Judgment rendered agairw than fbr commission of fraud or a criminal oflatw in cOnOxtion with obtaining. attempting to obtain, or performing a public (Fedanl. Slate or 10051) trwaction or contract or re under a public transaction; violation of Federal or making State anti -seat statute or commi evig of e s tolen p nt ro". rar4 shot forgery, bribery, falsifiation or destruction of records, false ststenranta, receiving srnprsty. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. Stat local) with commission of any of the offenses wKwWrated in paragraph 2.(g) of this Certification: and e or (e) Have not within a three -year period preceding this certification had one or more public transactions (Federal. State or local) terminated for cause or dehult. Where the undersigned is unable to certify to any of the statements in certification. this certification, an explanation shall be attached to this Dated this 5th 1 . lYw "EMC? r lue Monroe County BOCC Recipient's Firm Name 1100 Simonton Street Street Address Grant Agreement No. ARS01( r. W J ' e 2 -213 Building. Suite Number .J Key West FL 33040 y City /Stat&Zip Code 'r FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS I . By signing and submitting this form, the certifying parry is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, Florida Energy and Climate Commission (Commission) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to whom this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Commission or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501.4740 or (202) 5014873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Commission or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Grant Agreement No. ARS010, Page 54 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 ATTACHMENT H Intellectual Property Provisions (NRD -1003) Nonresearch and Development STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and (d). All other organizations are subject to the intellectual property requirements at 10 CFR 600.136(a) and (c). 600.136 Intangible property. (a) Recipients may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. USDOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work for Federal purposes, and to authorize others to do so. (c) USDOE has the right to: (1) Obtain, reproduce, publish or otherwise use the data first produced under an award, and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. (d)(1) In addition, in response to a Freedom of Information act (FOIA) request for research data relating to published research findings produced under an award that were used by the Federal Goverment in developing an agency action that has the force and effect of law, the USDOE shall request, and the Recipient shall provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the USDOE obtains the research data solely in response to a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect the costs incurred by the agency, the recipient, and applicable subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.C. 552(a)(4)(A)). Grant Agreement No. ARSO10, Page 55 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. 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 Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 034840046 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: El a. ❑ E] contract a. bid/offer /application a. initial tiling b. grant b. initial award b. material change c. cooperative agreement d. loan c. post -award For Material Change Only: C. loan guarantee f loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 Is Subawartim Enter Name 1:1 Prime ❑ Subawardee and Address of Prime: Tier , ifknown: Congressional District, ifknown: Congressional District, if known: 6. Federal DepartmentlAgeney: 7. Federal Program Name(Description: CFDA Number, ifapplicahle: g. Federal Action Number, fknown: 9. Award Amount, ifknown: S 10. a. Name and Address of Lobbying Entity b. Individuals Petiorming Services tincluding address if (if indi ideal, Iasi name. first name. M& different from No. 10a) (last name, first name. Mf): (attach Continuation Sheet(s) SF -LLL4, i necessary 11. Information requested through ibis form is authorized by title 31 U.S.C. Signature: Print Name section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the der above when this transaction was made or entered Into. This disclosure Is required pursuant to 31 U.S.C. 1352. This Information will be reported to Title: Congress semi-annually and will be available for public Inspection. Any person who fails to file the required disclosure shall be subject to a civil Telephone No.: Date: penalty of sot less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authonzed for Locai Reproduction Standani Form - LLL (Rev 7 - 07) Grant Agreement No. ARS010, Page 56 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of It covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional Information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to Influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates If it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards Include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee ", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known enter , loans, and loan commitments. the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, S. Enter the most appropriate Federal Identifying number available for the Federal action identified in Item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the applkatioNproposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90 -001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agenc enter the Federal amount of the award/loan commitment for the prime entity y, Identified in item 4 or e 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (Ml). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this Information collection is OMB No. 0348 -0046. Public reporting burden for this collection of information Is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the r collection of information Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of :Management and Budget, Paperwork Reduction Project (0348-0046). Was hington, D.C. 20503. Grant Agreement No. ARS010, Page 57 of 65 /\ z Z C, z 6 4 0 ze w 8 w o Ww,� w,�.�G1z uw F- J I w ° � � d H Q�a >a H IL L. v 1�1 g N v N � v J , l it H rv1 C ff � C VO v � p, N Q�r DF C X z z 6 8 Ct s� C O a t r C _ 0 Z 8 0 E EC = 0 !oil I� �W z X 8 W$ 3 C 1 ;n 10 O 00 v-� :O a 0 0 n a F 1J r 0 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 ATTACHMENT K ANNUAL REPORT STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARD Grant A reement No.: ARSO10 Grantee Name: Grantee Address: I Tele bone No.: Annual Reporting Period: Project Number and Title: A. Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) B. Provide an update on the number of jobs created or retained, quantify the reduction of greenhouse gasses and the energy saved in kWh or BTU. C. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Grant Agreement No. ARSO10, Page 59 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 D. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. E. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on -fine photographs, etc.) F. Provide a project Grant Budget update, comparing the Grant Project Budget to actual costs to date. Grant Grant Grant Budget Total Grant Expenditures Expenditures this Grant Project Category Project Prior to this Reporting Period Funding Balance Budget Reporting Period 1. Salaries 2. Fringe Benefits 3. Travel (if authorized) 4. Supplles/Other Expenses 5. Equipment 6, Contractual Services 7. Indirect Costs if authorized 8. Total of all Grant Bud et Categories Grant Agreement No. ARS010, Page 60 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 t,. rroviae a project Match Budget update, comparing the Match Project Budget to actual costs to date. Number of Match Match Performed Match Budget Total Match Expenditures Expenditures this Match Project Category Project Prior to this Reporting Period Funding Balance Budget Reporting Period 1. Salaries 2. Fringe Benefits 3. Travel (if authorized) 4. Supplies/Other Expenses 5. Equipment 6, Contractual Services 7. Indirect Costs if authorized 8. Total of all match Budget Categories H. REPORTING Activities: /GRANT MANAGER NOTE• All of the tables below may not be required for this 42eement Please c hoose the appropriate metrics) for the funded actjvity include only the appropriate tables for each Agreement on a proiect to Project basis./ Number of Buildings Retrofitted Ft. Retrofitted Grant Agreement No. ARS010, Page 61 of 65 Buildha Erne Aaditr Number of Audits Performed Floor Space Audited Auditor's Projection of Energy Saved Grant Agreement No. ARS010, Page 61 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 Grant Agreement No. ARS010, Page 62 of 65 Loam,; G ants an4 IaeentiVeik -. ' Number of Loans Given Monetary value of Loans Given Number of Grants Given Monetary value of Grants Given Grant Agreement No. ARS010, Page 62 of 65 Renewable Enet , : ' } NOW Develo went' Number of Solar Energy Systems Installed Total Capacity of Solar Energy Systems Number of Wind Energy Systems Installed Total Capacity of Wind Energy Systems Number of other Renewable Energy Systems Installed Total Capacity of other Renewable Energy Systems Grant Agreement No. ARS010, Page 62 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS010 F— I FTransroortatisf — FAW Edreatdoia Number of Alternative Fuel Vehicles Purchased Number of Vehicle Conversions to Alternative Ener Number of New Alternative Fueling Stations Number of Carpools and Van pools Formed Number of Energy Efficient Traffic Number of Street Lane Miles for which Synchronized Traffic Signals were Installed Number of Workshops, Training and Education Sessions Held Number of People Attending Workshops, Training and Education Sessions is Created Number of Direct Jobs Created Number of Indirect Jobs Actual Worker Head Count Number of FTE Grant Agreement No. ARS010, Page 63 of 65 FLORIDA ENERGY AND CLIMATE COMMISSION - _ GRANT AGREEMENT NO. ARSO10 Reduction in Reamble Kowa Natural Gas Capadty and-, Consumption Genwadon . mmc Reduction in Electricity Consumption MWh Reduction in Electricity Demand MW Reduction in Natural Gas Consumption (mmc Reduction in Fuel Oil Consumption (gallons) Reduction in Propane Consumption (gallons Reduction in Gasoline and Diesel Consumption (gallons Amount of wind - powered electric generating capacity installed Amount of electricity generated from wind systems (MWh) Grant Agreement No. ARS010, Page 64 of 65 Reamble Kowa Tons Carbon Capadty and-, Emission Genwadon . Amount of photovoltaic generating capacity installed MW Amount of electricity generated from photovoltaic systems (MWh Amount of electric generating capacity from other renewable sources installed M Amount of electricity generated from other renewable sources MWh Grant Agreement No. ARS010, Page 64 of 65 E Redntrtlow Tons Carbon Emission Reduction (CO2 Equivalent Tons of Sulfur Dioxide Emission Reduction (CO2 Equivalent) Tons of Nitrogen Oxide Emission Reduction (CO2 Equivalent) Tons of Carbon Monoxide Emission Reduction (CO2 Equivalent) Grant Agreement No. ARS010, Page 64 of 65 1 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARSO10 1' SUBCONTRACTOR LIST The Grantee may subcontract work under this Grant Agreement without the prior approval of the Grant Manager, 18.A of the Grant Agreement. upon st of subcontractors, as required i the condition that each Monthly Progress Report must contain a current lin Section 'I ran tee does not have subcontractors, Jease state '.None' below ]Name of Subeoatrsc '~ Ctttrrent Total Amorat j Addter J• MINORIT'Y/WOMAN /SERVICE - DISABLED VETERAN -OWNED BUSINESS LIST Of Work:: The Grantee is encouraged to use small businesses, including minority, woman and service - disabled veteran - owned businesses as subcontractors under this Grant Agreement. As required in Section 18.0 of the Grant Agreement, the Grantee is required to report information concerning their use of such businesses in each Monthly Progress Report. g e This report is submitted in accordance with the reporting requirements of Grant Agreement No. ARSO10 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Representative Date Grant Agreement No. ARSO10, Page 65 of 65 AC if CERTWICOI OF LIABILITY INSURANCE 1 O2 @ 7 'a i TW. CEP MACA M: IS ISSUED AS A MAT TLW OF 004)RtATWU OMY AND OCOF M¢ NO RU M " UdP't�M - MR CMt�t�1#�t�l li FIdLD�R T3it8 SATE DOES WT AFF~Wfty OR NEOA'ITVny A1ig1D EXTEW OR ALIM 'MG C0V%Wll AFFCRM 8Y TNF POLOM SOW*. rft COUMAW OF 1WPAW6 p0E3 NOT C=W MTLti'S A 00WIMMT 90*"N 13atlINtM "lul tER(% AU M . 11'� �#►� osrWMs�M. hahMar is � Amt» �� � Pte} newt Eta ergo ttiMttlC�4`�IOtV NtYItAl�D. to taus teW4 ma com of tht po o W , o m nW m emdo mm nt. A stdovwM on tNs orr"4 rb dat■ runt oanMer d#hb m *A pit'ttt�s ho in B.0 *t&w& !2dbmc !"o ML JMMINE ENS As 211 RfMtBI ,INC .� 11 4' hMttMfE mycNE,&tit'TE 14 N00M PALS BEAM FL WM5 s WVM _ ° E MOSM VMOMI Sat r � N P -a, BQX 14864 uw�tERO. NORTH PAt m 9EACH.FL 1 1 1 0 4 mi 1l { r te - ♦ !* � ( � ra.r pA�,�M -ei -Almon �YYOII�IIIMi '�W r'Wri � �� �'t - � i•��tiMlilMi�� t • r ar���� :�l t t 1 IKfN OFC�lItMtprr9!! > ! VEi R @ ti dLioft M Ad/l�w i Army k. •dA«A Irwrwv ywl. p. pwpp�o} M[KRCE COUNTY BQCC IS NAMED AS ADDITXONAL INSURED AS RESPECTS IRE GENERAL LIABILITY POLICY FORM E0007 11 10 , <` Wfwj t! AMY O1 At1 09 POUC= 04 CANOU"m r MONROE COUNTY BOCC nHt SXttMmft *AW JUNU M1MA, NO"= WUA ME CAD 91 1100,.Sitonton Street, ate 2 283 w�xo tu�rvart +s�tFrsl,c,rrrMavMaMOet:ti Kvty* West, FL. 3304Q ; lz'ov� ' � � RATtGN, Aq rlgtrts reas+.�ad PROGREWYE' USAA INS AGCY INC 9800 FRDRCKSBRG HSVCW SAN ANTONIO TX 78288 Policy number: 08371837 -0 Underwritten by Progressive Express Insurance Company 12/28/2011 Certificate of Insurance Certificate Holder Insured Agent ..................................................................................................... ............................... Additional Insured SDI SOLAR INC USAA INS AGCY INC MONROE COUNTY BOCC PO BOX 14864 9800 FRDRCKSBRG HSVCW 1100 SIMONTON ST N PALM BEACH FL 33408 SAN ANTONIO TX 78288 KEY WEST FL 33040 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. ................................................................................................................... ............................... Policy Effective Date: 12/28/2011 Insurance coverage(s) Limits ................................................ ............................... RBI -PD $1,000,000 CSL Policy Expiration Date: 12/28/2012 Description of Location /Vehicles /Special Items Scheduled autos only 1994 FORD F350 1FTJW35K5REA16144 Certificate number We will endeavor to provide 30 days notice of cancellation to the certificate holder, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. Please be advised that additional insureds and loss payees will be notified in the event of a mid -term cancellation. 1 Form 5241 (10/02)