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
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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
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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
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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 $1,000 or more by description, unit
cost, and quantity. Computers and data - processing equipment should be described in detail.
6. Contractual Services - Subcontractors should provide the same information required by this budget table, with
the following exceptions: (a) when professional services are provided at a pre- existing approved rate or fee
shown on the budget; or (b) the subcontract is to be obtained competitively. For either (a) or (b), show an
estimated maximum amount.
7. Indirect Costs /Rate — Indirect Costs are not authorized.
8. Total Budget Category — Show the total of all line -items within a Budget Category.
9. Total Budget - Show the total of all categories.
Grant Agreement No. ARS010, Page 21 of 65
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FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS010
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARDS
Grantee:
Mailing Address:
Grant Agreement No.:
Date Of Request:
Amount Requested:$
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
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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
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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
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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
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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)