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Item O3BOA OF COUNTY CONMUSSIONERS AGENDA ITEM S y Meeting date; lanuar1.9, 2012Division: Administration Bulk Item: Yes - No Department., County Administrator Staff Contact /Phone # ,- Rhonda Haaa. 292-4482 AGENDA ITEM WORDING: Approval for Monroe County BOCC to execute .Amendment No. 1 with SDI Solari Inc. for the Solar Water Heaters purchase and installation, to provide a 45 dayno-cost time extension. ,(Grant Na..ARSo10). ITEM BACKGROUND. The County issued an RFP to replace conventional hot water heaters e s with solar hat water heaters in a minimum of 15 lour to moderate income households selected by habitat for Humanity. The selection team evaluated the 3 proposals received, selected SDI Solar, and proceeded with contract award. Due to dela ys In the contract execution process, a 45 day time extension is required to allow time for the work to be completed. PREVIOUS RELEVANT BOCC ACTION: On November 9, 2010 the BOCC approved ppr d the Florida energy and Climate Commission Grant Agreement No. ARSO1D. On July 20, 2011 the BOCC approved the pp issuance of a Request For Proposals for the installation of solar water heaters. On September 21, 2011 the BOCC approved Solar Inc. On October 9, 2011, the BOCC au PPS ed contract award to SDI execution of the contract, CONTRACT/AGREEMENT CHANGES* 1. This Amendment is retroactive to January 15, 2012. 2. Paragraph 2.2 is hereby deleted in its entirety and replaced with the following: "'The substantially completed eted no later than Pe � Proa ec t shall be P February �S, �� 1 �. Time is o f the essence i considerations." n this regard due to grant 3. Paragraph 7.1.2 is hereby modified to add the fallowing: "D. CONTRACTOR shall In directed by the COII�I'T�" at no additionalstall the solar grater heaters as charge to the COUNTY for any time extension." 4. Paragraph. 7.2.2 A, B, and C are hereby amended to correct scrivener's errork"A. Bar -Chart ed, horizontal bar -chart- Schedule: Prepare a fully developed, type, of C��NTRACTOR's scheduled progress. B. Schedule of 'values: Coordinate and submit a Schedule of Values with the Progress Schedule. C. Application for Payment: to the �tN'`RA�} with tie PP Progress payments may be Issued OUN�TY s approval and with submission of Properly executed invoice and partial release of liens. Ten percent (0%) 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 costin 1 � agreement Burin the g or more, installed under this ' g current invoicing period. In addition, the Property Reporting Form Attachment shall prarrided. i�"hen the final �orl� is acre ted b the �LTN'"T� the � also be F �' e ��1tiCT'RA�'I''�R shall invoice the COUNTY for full and final payment." STAFF RECOMMENDATIONS: Approval TOTAL COSTA 0 Affiend,,No. 1 INDIRECT CoST. B • .. .. BUDGETED: Yes yo x D RENTIAL OF LOCAL PREFERENCE: Local Preference Not Allowed Under FdeearlRe pat ons COST TO COUNTY* N/A SOURCE OF FUNDS: Grant ## ARS010 REVENUE PRODUCING,: Yes No � ..... AMOPER MONTH � Year al APPROVED BY C � - f y ounty Atty OMB ur ing W w Risk. Mana ernent .. III CUlWENT.ATION0# Included. X Not Required DISPOSITION, AG ENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: SDI Solar, Inc. N/A .................................... Upon signature February 8, 2012 Contract Purpose/Descript ion: — This Amendment prqvides for a 45 day no -cost time extension to the Aiareement. Contract #A- I Effective Date: Expiration Date. - Contract Manager: Rhonda Haa 4482 Comet Administrator, #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on ..1./.19/12 Agenda Deadline: 01/03/12 CONTRACT COSTS Total Dollar Value of Contract: $ 0 for A-1 Current Year Portion: $ Budgeted? Yes[] No El Account Codes: 7' 2- q 3 5,;0 ejo Grant: County Match-, $ _7 ADDITIONAL COSTS Estimated Ongo* Costs: $2/yr For: Ing iNot included in dollar value -above) (ei. maintenance, utilities, janitorial, salaries, etc.) .. .. .......... I ............ ...... CONTRACT REVIEW Change; Datq In Needed Division Director YesE] No Risk Management % ✓ � � s. �: � .gym C rF�wwwwwM� Yeso No r", X ........................ . in - XM . V^v-%w% Dmt o,*r-,ftA 7 101'7 IA I 'k Art"M ALOV - -- - AL %.';L AAA L,%"W V WVl,L Ad 40 1 f V A AVAX.IX Tr'4 Date Out qn I AKMKWNM 1 PURCHMAND DWAUATWN OF SOLAX WATER HUTEItS AS PART OF STATE MWORANTRS0aR This AMEMMM NM 1 ma& and entered ink the a ��rAgn?ernenn .�.,,. ..Odw'r -- - - 20� to the %ft SDIv by and betwem MOnrm County,a �,� adds i�al s�d�n ! the State of her�elnafter �� t�13 as �+��'� � and '�� s �"' � ��3rtr'�ie �� Board of County CoMrriWjoners ("BMCI,and SDI Solar Inc. ('vC0NTRACT0ftw),, a crrrporatlon of the State of FivMA whose address is 8.50 i3 Sit Lake Park Florid 334o3, its locessors and asses hereinafter refer red to as COrrMCTOR. 'rLitYl►f Ms '�OWAS' COUN" has ernpk"d the prOfessiOnal seMm of the Cif irstallati�►n of solar 1�7"�4C"i"� ftrr the purchase and per heataers, in partnership with Habit fbr Humanity and the COUNTY in accordance VAth its State Grant Agreement ARS010 is required R ■ Federal, Sirafe and local laws,rrulesandtin r�'1i�� with and consistency amongst plans; and W`EK"i C0NT"CT R has agreed to prideservkeswh� shall [nCude � solar � heaters in reside - � � purchase and rnstarrat�n of � �� ser►� shad �i�re he referred � as the � ��"'- and � WHOM$, the COUNTY desires to modify this Agreement to allow a 4S^day no cost time exten:slon; MRSDIM, in consideratlon of the s . mutual Aerstar kW and agr me� so forth herein, the COUNTY and R � as follows: 1. This Amendment is relloacthne tD January 15, 2012 L Pa - ph 2.2 i� hem deleted in its arilreplaced with the following: ProJect sha# be substanti811V COMpleled no rater than February 28, 2M2 -nnw is of the essence in this rgard due to Grant conslderatos," 2. Paragrap l 7-1-2 is i'l�Fi. ebV modified to add the fokw .. . . CONTRACTOR shall install the sir water heaters as t� charge to the ��, at no addftnal � �iN"�' f� any time �tenslt�n."' 3. Pamgmpht 7'Z2 A 4 and C are hereby► amended to COrreCt scrivenee s errors: 'TA- Bar- :hart module: Prepare a fti , MAIN . i bar -chart �. didMr. �" r (f C i� s g. .ScheduW of %'alp: �rdnaftand submit a ScWule of Val wft Co "n for ft�"ressS(:hedule, pert Pr%r+ess payment may be Isstwd to the CONTRAMR rM the = a and with subrn�son of�s prolmrly 600"d hwoke ar#d pawl use of arm Ten percent (10%)linage Will be withheld on all pry nts. Attach • bill of sale,i� �'� a �� ap+� of �en+r�s in�r�e or rig mat Number, for all equipment erg $1A0 or more installed under the �reer�t W tf a +�� period, In a dtn, the Property Rung Form At�nwra " a � Mwn tt fml wott is a r M I.. red by the WUMY, ft CONIMAMR shall Invoke the COUNTY fbr M and final payment.& . In all odw w tM Ar+�ent of whkh tft Is an �n� and �� rem shag amain In f� farce and fit. �� WMIMM VMHEUM, the Parties hm cam t b Arnerwiment to be duly executed t1w dayand 41-1 r�en bed. year first Ate DANNY L KOIHAGF, Clerk Depurty Ckr* 14 *Aug MAX ME 01 ................. .-- +Print Name. - �►,�."' PrintName: � � 1 �� '. I Dater KATHLEEN d* ►ERZAiO _ Motaty public - StMe of Rift . My COMM- � Jun 14 ��+� MCN E COUNTY ATTORNEY A ROVED AS To F. ........ ....... .. ..... �] NAB EENE W C SStL ASS STANT COUNTY ATTORNEY (Cute ACR : MENT FOR PURCHASE AND INSTALLATION OF SOLAR WATER HEATERS AS PAR" of STATE ENERGY GRANT AGREEMENT ARS010 This Agreement Agreement `) made and entered into this d of and between Conroe C€�U'1l� a political -day �f�ll � ca subdivision of the State of Florida, whose address is 110a Simonton Street, Key West, Florida, 33040, its successors and ass' ns hereinafter ��Ct"�3U�,n through the MonroeCommissioners � � � ere Wafter referred to as R COUP Board of COUNTY Commissioners('BOCCI), AND SCSI Solar Inc., a corporation of the State of Florida, whose address is Sso 136 streetFlorida, fake park, Flon 33403, its successors and assigns, hereinafter referred to as " CO C3R" WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of the CONTRACT and installation of soar water heat R for the purchase heaters,, in Partnership with Habitat for Humanity; and WHEREAS, the COUNTY in accordance with its State Grant Agreement ARS010 is • Federal, State a� kcal lags rules n required to comply with and regulations and consistency amongst plans; and WHEREAS, CONTRACTOR has agreed to provide services which shall Include the water heaters and the Installation In residents' Purchase of the solar dents' honmes, which services shah collectively be referred to as the "Project'; NOW, THEREFORE, in consideration of the mutual promises, covenants and a and for other gad and va lua �e consideration, t agreements stated herein, he suflcien� of which is hereby acknowledged,, COUP and CONTRACTOR agree as follows. FORM OF AGREEMENT :C L1 REPRESENTATIONS AND WARRAN71ES By executing this Agreement, CONTRACTOR makes the following ex to the COUNTY:B P ress re presentations and warranties 1•1.1 The CONTRACTOR Is professionally qualified to act as the CONTRACTOR R for the Project and Is licensed to provide the designated services by all ublic entities h CONTRACTOR and the l� P avtng jurisdiction veer the Project. 1.1.2 The CONTRACTOR shall maintain all necessarylicenses,, permits or other aut by rrzatons necessary to act as CON'TRACTOR for the Project until the CONTRACT` FrS duties have been fully satisfied;ut es hereunder Agreement Page 1 1.1.3 The CONTRACTOR has become familiar with the pro ect which � des and the local conditions under the "Mark is to be completed. 1.1.4 The CONTRACTOR shall prepare all documents that they �a required � t hrs Agreement in such a manner shall be accurate, coordinated and adequate for use Implementation In the subsequent phases and shall be In conformity and comply wfth all a and regulations. The C�,�Tt]R applicable lam„ codes warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the u ellrninati a additional P P rp�s of the Project, therefore, cast due to missing or Incorrect inkrrnation; 1.1.5 The CONTRACTOR assumes full responsibili ty to the extent allayed by lair with regards to his performance and those directly under his erne 1.1.6 The CONTRACTOWS services shall be performed as • exped�ously as Is insistent Frith pmfessional skill arW cane and the orderly progress of the p subrnk for the C011l�'TY'S and i�.��. The CONTRACTOR shall its representatfve's information, a schedule for the performance of the Ct?I�ITRACT't?R'S services �� may be adjusted as Fe rrce the Ct?lJ � the Project proceeds if approved �. and shalt Include allowances for periods � and far a P of time required far the � �f ma's review PPro� of submiWon by authorities having jurisdiction over the p established this schedule and a `'��. Time Ilmits ls� � the COUNTY may not be exceeded by the CONTRACTOR except for delay caused by everts not within the contral foreseeab� by him. In the event the the CONTRACTOR or t o CONTRACTOR does not conform to the schedule then t CONTRACTOR nay be assessed a charge u � one � � he mark product Is produced A percent 1� of the fee per week until the p duced in an ar�ceptahle manner. The COUNTY shag assess after it Isdetermined that the mark d the charge only slay is solely the fault of the CONTRACTOR and his subcontractors and is not the fault CONTRACTOR, t of the CO U 1'�TY or other parties not under the control of the 1.1.7 CONTRACTOR is an Independent CONTRACTOR under CONTRACTOR shall thisAgreement�r�ri provided by sect to the supervision of CQ R. In rovld CONTRACTOR and its agents shad not be a P � the services,ding and shall not be deemed as acting as officers employees or agents of the COUNTY,, nor shall t a CO U �' err ploy e� accrue �► of the rights or benefits of a . 1.1.8, WARRANTY A. The CONTRACTOR warrants to the COUNTY that all labor furnished under this contract will be to progress the mark competent nt to perform the tasks undertaken, that the product of sty labor will yield only first -.class resin, that materials and h equlprnent fur�r�ished gill � of goad quality and new unless otherwise permitted the contra ua l � � and that the '+merit �l I be of good quality, free from faults and defects and in strict conformance g earns fora � Frith the cones and warrant period of two years, notwithstanding any required extended �reerr�ents� carnr�nenclr�g at final completion. warranties or ,�et�rive tra nsrta - R This two-year warranty rrty is inclusive of all labor, tion, equipment and material cost with no cast to the COUP, conforming to these requirements m All work not � considered defective. tive. in addition,, the CONTRACTOR providing a 10 year rnanufacturees warranty to the homey s homeowners far the solar panels and a 5 year wa rra nth► for the hat water tanks. Agreement Page 2 B. If, within arty guarantee period, repairs or changes are required in conn ection with the guarantee work, ► hic t In the opinion of the COUNTY Is rendered necessa of material equipment � as a result of the use Anent or workmanship, which are defective or inferior or not in accordance with the terms of the Contract, the CONTUCTOR sham, u m tle COUNTY and with Promptly � receipt of notice from out expense to the COUNTY, proceed to: Place in sadsfactory condition in every particular all of such guaranteed therein; and R work,, correct all defers Make good all damages to the structure or site or or co equipment ntents thereof, rich, in the opinion of the COUNTY,, is the result of the use of m ateria fs equipment are inferior, de �. tive or not In � or workmanship which 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 fulfilling any such guarantee. f the CONTRACTOR, after receipt of any such written notes falltO s within seventy-two 72 hours commence at the job site with per f rmanc a of the work necessaryto the irk descried In such notice so remedy all defect In as to provide the COUNTY with the subject project cornpkted in accordance with a# requirements of the Contract locum theper�rrrtance of soh remedial �o en'�. or fails to complete Frith a reasonable time after commencing saute, the Ct UN" Y shall be entitled to have such deflective work remedied o COin whichn the account of the even, the CONTRACTOR shall be fully liable for all reasonably incurred by the COUNTY in havingcosts and expenses such defective work remedied. AmgA it SCOPE OF CONTRACTOR'S SERVICE bi DEFINtTi01lt 2.1.1 CONTRACTOR'S Services shall consist of the Scope of Part of this Agreement Work, attached as iwat and made a Plans may include., but not he limited to the COUNTY m n' . fors: u tctpal and vier agency plans as The CONTRACTOR shag commence work on the servic es provided for in this Agreement Promptly upon his receipt of a Witten notice to proceed from th proceed met contain a descriptiona COUNTY. The notice to of the servers to be pier fc►rmed, and the time within which services must be performed. h Upon cvrnpletion of the review, CONTRACTOR will report v theplans and an norm I � n any and all irtcvnslste��s among 'y noncompliance of any and all plans. CONTRACTOR shall also m recommendations c�ntaerninR the elimination of a� such inconsistencies and noncomplying elemertts. This shall be furnished in a report, both in print tv the Monroe COUNTY and electronic format to be delivered Public Works DepartrnenL Agreement Page3 2.1.2 The CONTRAR shall, without additional corn ensation omissions deficlen � p�mP� correct any errors* • c es,, or conflicts in the work product of the CONTRA, CTOR its subconsultants, or both, or 2.2 COMMON DA'T'E The Project must be completed no later than January 15, 2012. Time ' • to Grant considerations, � of the essence �n this regard due 23 WRY Any notices sent by the parties shag be deemed to haw been du Individuals and addresses� .gyred if delivered In person to the listed beer, or if delivered or sent bV class mail, certified or by courier with proof of delivery. .return receipt, AN written correspondence to the COUP shall identify this Agreement authorized representative �" nt and be dated and signed � an p ive of the CONTRACTOR. The correspondence shall be directed to. - Monroe COUNTY 11W Simonton Street Room 2-213 Rey West, FL 33040 AND: Ms. Debbie Frederick rick Dept COUNTY Administrator 21 W Simonton Stream, Room 2-205 Key West, Florida 33040 Notice to the CONTRACTOR sha 0 be delivered to; SDI Solar, Inc, 85013* Street Lake Paris, FL 33403 3.1 The services described In this Article It are not included. the COUNTY as an add' �n Basic Ser�tes. 1'� shall be paid for � addition to the compensation paid for the Bask Services but on if COUNTY before commencement,and are � approved � the as follows: A. Priding services of CONTRACTOR for other than the reviou the Pr+�ect I�rided as a P sly listed consulting scope of part of Basic Services, R. PnDvWlnR any other services not otherwise included in this furnished In accordance wit Agreement or not customarilyheneral�cepted consulting practice. ABrcement Page 4 C If Additional Serves are required, such as those listed above, the COUNTS l requests and describing dal sue a letter ng the requested Serr►� to the CONTRACTOR, The COCCI R shah respond with a fee proposal to perfDrnr the requested services. can after receiving amendment � n� a n nt to the Agreement and a notice to pry from the COUP shall the CONTRACTOR proceed with the Additional Services. I Cm1N7'Y"S RESPONSI81tJT1E'S 4.1 The COUNTY shall provide full Information regarding requirements or t t'3bJeL"t�eS, schedule, constraints a � tfh e P�ro�ect including and criteria. 4=2 The COU" shall designate a rePre sentathre to act on the CONTRACTOR'S the project. The COUNTY or ' behalf with respect to its representatl� shall render decisions in a timely manner perta Inin to documents submitted by theCO��le delay in the orderly R In order to avoid unreasonable � y and sequential Progress of the CONTRACT O R's services, 4.3 Prompt men notice shall be given by the COUNTY and its representative to p the CONTRAMR 1# they become aware of any fault or defect in the project or non-conformance w Documents. Written notice shad with the Agreement deemed to have been duly serer if sent pursuant to paragraph 2.2. 4.4 The COUNTY shall furnish the required lnformator and services and shall n decisions as expeditiously re der aPPrmrals and as necessary for the orderly progress o f the � Ris services of the CC��CT oRs. ces and work 4.5 The COUPS review of any documents prepared the CONTRACTOR be sod for � � or � gab consultants shall the purpose of determining whether such documents are e • CC�UN`T�'s criteria, as, and if modified, � nerally consistent nth the ed, NO review of s� documents shall relieve the CONMACTOR of responslbft for the accuracy, adequacy, fitness, sultabliity or coordination n of its work product. 4.6 The CO U NTIE shill prude copies of necessary documents u ireed to � complete the work. 4.7 Any inforrnat on than may be of assistance to the CONTRACTOR • that the COUNTY has immediate access to wil be provided as requested, tNDEMNiFIG171Oly /11yD HOLD HARl4LESg 5.1 Notwithstanding any minimum insurance requirements prescribed the Contractor covenants a p bed elsewhere I n the agreement, and agrees that he shall indemnify and hold the COUNTY and the C elected and appointed officers and employees ha �7U�S � harmless from and against i any claims, actions or causes of action, (il) any lit ation, adrninistrathre roceedin proceeding relatingto a p �. appellate proc�edin�, or comer any type of Injury (including death), lass, cartage, fine, pens or busin interruption, and (iij a costs car ex� ess expenses that may be asserted against, Initiated with respect to or sustained by, any ir�dennn�ed � • past by reason of, or in connection with, A any acts of Contractor or any of Its employees, agents, contractors In any tier or other invitees during the term of this Agreemenl� R) the negligence or Willful misconduct of Contrac tor 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 Pages that It undertakes under the terns of this Agreement, except to the extent the claims, actions causes of anion, litigation, proceedings, costs or expenses arise from the intentional or sole negligent a cts or negligent wts in part or omissions of the COUNTY or any of its employ;, a eats contractors o Invitees other than � oR .� � r Insofar as the claims., actions, causes of action, ligation, proceedings, costs or expenses relate to events or circumstances that occur duringthe term of this Agreement, this section will sure 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 protect to include the work of others IS delayed �e or suspended as a result of the C NTRACTOWs 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 tie asserted against COUP by virtue of deficiency or amb u " �► ity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants CONTRACTOR hold the COUNTY g nta that harmless and stall indemnify it from all losses occurring thereby and shall further defend any claim or awn on the COUNTys behalf. 5.3 The first ten dollars ($10. of remuneration paid to the CONTRACTOR Is eonslderation r fo the indemnification provided for above. The extent of liability is in no w` limited to reduced • or lessened by the insurance requirements contained elsewhere w thln this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. a- s 5.1 The CONTRACTOR shag assign only qualified persona to perform any service concernl proms. At the time of execution of this � the�reement, the parties anticipate that the following named Individuals will perform those functions as Indicated: I: /:T,T,I FUNC11ON David Scherich Director of operations, Pro ect Coordinator So long as the ind " *duals named awe remain actively employed or retained mall perform the �► the I�T'R�1C�"C3R, they pe a functions indicated next to their names. If they are replaced the CONTRACTOR shall notify the COUNTY of the charge Immediately. AMMVII COMPENSATION 7,1 CONTRACT SUM 7.1"1 The COUNTY shag pay the CONTRACTOR In current funds for the CONTRA C i performance of this Agreement as follows: Not to Exceed One Hundred Thirty Thousand Dollars CONTRACTORThe u �1�iI,I�.c��. r erstands that work authorized under this CONTRACT may be less than 130,00, dependent on the work releases Issued. 7*2 PAYMENTS Agreement Page 6 7.2.1 For its assumption and perlbrrnances of the duties, obligations and responsibilities herein, the CONSULTANT sha l l be P° e� set forth paid upon a completion of deferable basis, as outlined in the attached Deliverable Schedule, attached as Fxhibit'*r. Payment will be made within thirty dais upon receipt of proper invoice. 7.2.2 This paragraph species administrative and procedural requ irem ants necessa t Process Applications for Payment. o prepare and A. Bar -Chart Schedule: Prepare a fully developed, horizontal bar -•chart -ter ► C� Fr Pe t3 s progress scheduled per Paragraph 3.03 S. Schedule of Values* Coordinate preparation of the Schedule of values with the Schedule. Submit Schedule of Values per Paragraph 3.04.Ness C. Application for Pent: progress payments may be issued to the CONT`RACrOR COU�s a with the approval and � submission of properly executed Invoice and partial release of iiers_ M retainage will be withheld can ail progress payments. Attach a legible co �rendor's Invoice or bill of safe listing� P� of Serial Number, for all equipment costing $3,M or more, Installed under this agreement during the current invoicing period. in addition the A Reporting Form i shall also be provided. 1 � mP�=�f P When the final work is accepted by the COUNTY, the CONTRACTOR shall invoice the COUP for full and final tw Pa'!�nen 7.2.4. The COUP may dedine to make payment may withhold fund and if � necessary, may demand the return of some or all of the amounts previously paid to the Cc COUP of: from loss because R. to protect the A. defective work not remedied by the CONTRACTOR nor, in the opinion of th to be remedied the Cc�i�T e CCUi1lT"y, likely B. claims of third parties against the COUP or the COUNT Y s ro P Perty; C. failure by the CONTRACTOR to pay subcontractors or others in a prompt and P Pt proper fashion; D. evidence that the balance of the work cannot be completed in accordance with t for the unpaid balance of the contract pre; he contract E. persistent failure to carry out the work in accordance with the co ntract- F. damage to the COUP or a third party to Whom the COUP is or may be i Y , labia, G.failure to submit accurate required reporting elements Le. weekly certified payroll, dailyrePoits Invoicing, grant reporting requirements specified under ARS010, eta In the event that the COUNTY rakes written demand upon the CONTRACTOR Paid by the COUNTY ascvnt m for amounts previouslye plated In this subparagraph, ph, the CONTRACTOR shall prom comply with such demand. P� Agreement Page 7 7.2.5 When all of the work is finally complete and the CONTRACTOR is ready for a final Inspection, dal n the Cc�U�T'y` thereof in � ' � �` writing. Thereupon, the COUNTY will snake ltnal ins work and if work a � ��n of the all submissions are complete, in full accordance with this contract and this contract has been fully performed, the COUP 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 shall commence on the � the contract mate of final completion of work. If COUNTY is unable to issue Its final certificate for payment and Is required to repeat its final Inspection of the work the CONTRACTOR shaB bear the cost of such repeat final Inspection(s), which cost may he deducted by the COUP from CONTRACTOWs final paynenrL m the 7•2.6 The CONTRACTOR shall not be entitled to payment unless and until it submits to the COUP invoices with supporting documentation acceptable to the Clerk of Court and the State Eno off under Grant A�lcl of which may Include partial and fine �► ce p l releases and v�ra�rs of lien; releases and waivers of lien from all subcontractors of the CONTRACTOR and of any and all parties required Cc?UI�T�'. ►�epta�� to �e Clerk is based p � by the �l' sed on generally accepted accounting principles and such laws rules and regulations as may govern the Clerk's disbursal of funds. The COUNT"' designates th Courts as its agent under the �cai Ge Clerk of Government prompt payment �, Florida Statues Sectlon 21&735 7•2.7 Acceptance of final payment by the CONTRACTOR shall constitute a waiver of all claims the COUNTY �► the Ct�►lT'R�tCTDR e� against except for those claims previously made in writing against the COUP bV the CONTlACTO k pending at the time of final payment, a rW ldentMW In writing CONTRACTOR CTOR as unsettled at the time by the of � request lion final payment. 7.2.8. Final payment, constituting the entire unpaid balance of the Contract Anwun the COUNTY to the CONTRACTOR � shad be made E g when the Contract has been fully performed by the CONTRACTOR, 73 BUDGET 7.3.1 The CONTRACTOR may not be entitled to receive, and the COUNTY Is not obligated t fees or experts In excess of the amount budgeted for �v pay' any 8 this contract in each � year(October l - September 30) by COUNlYs Board of COUNTY Commissioner The budgeted amount rnodifled an affirmative a � may only be of the COUNTY's Board of COUNTY Commissioners. 7.3.2 The COUNTY s performance and obligation to pay under this Agreement is contingent I' tn8entupvnan annual appropriation by the Board of COUNTY Commissioners and the approval al of t at the time of contract in pp he Board members �attvn and its duration. 8.1 The CONTRACTOR shall obtain insurance as speck u and maintain the re ' times that this rn reeent Is In q rred Insurance at all effect. In the event the completion of the project to Include the work f others) is delayed or suspend as a result of the CQ�CTOR# o s failure to purchase or maintain the required Insurance, the CONTRACTOR shall indemnify the COUNTY from any and all in resulting from such delay. creased expenses Agreement Page 8 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best ratingof � better, that Is licensed to businessithat has an went for service n the State of FlorWa and or of process within the Mate of Florida. The coverage shall contain an endorsement priding s(60)da .Vtothe COUNTYrio �'� note t 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. 83 Prior to execution of this agreement, and maintained throughout the life of the contra the � R shelf furnish to the �' COUNTY Certificates 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 UabiiitY a Expanded Definition of Property Damage The minirnurn limits acceptable shall be $L000,W0 Combined Single Limit. ff split lit limits areoded, the minimum limits acceptable shall be: $S�,per person; $�,�,000 per Occurrence; and $:1W0,W0 Pro pertV damage. An Occurrence Form pofky is preferred. If Coverage Is changed to or provided on a Claims Made Policy, its provisions should include coverage for chains filed on or after the a fktive date of this contract, In addition , the period for why claims may be reported should extend for a minimum of 48 months following the termination or expiration of the contract. The Monroe COUNTY Board of COUNTY Corn m issioners must be named as an Additional Insured* B. 'vehicle lability — Include as a minimum•, Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be $1#000.000 Combined Single Limit If split lirnits are provided, the minimum limits acceptable shall be: $5W,000 per Person; 0,000A00 per Occurrence; and $1W,00 Property Darnage, The Monroe COUNTY Beard of COUNTY Commissioners must be named as an Additional Insured. C. Workers Compensation — limits sufficient to respond to Florida Statute 440. 0. In addition, the CONTRACTOR shall obtain Frnployery Liability Insurance with limits of n less than: '� $5W,0W Bodily Injury by Accident $SW,000 Bodily Injury by Disease, pol cv limits $5W,000 Body Injurer 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 companies must maintain a minimum ranting of A-Vl,, as assigned by the A.M. Best Company, Agreement Page 9 If the CONTRACTOR has been approved by Florida's Department of labor, as an authorized self -Insurer,, the COUP shall recognize and honor the CONri AMWs status. The CoNMCTOR may be required to submit a Letter of Authorization Issued by the Department of Labor and Certificate of Insurance, pmviding details on the COHTRA"'I Ws Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Cert�cate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated flnanclal statements from the fund upon request from the COUNTY. 8.4 A. Public Construction Bond m ust be provided to the CC U N Y with in10 been 15) days afte r award of contracts in the form provided as AMch.ment 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 end shall be In an amount at least equal to the contract prig. 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 contrast may he awarded to the next selected Rfdder/proposer. 8.5 CONT'RIAC"T'OR shall provide to the COUNTY certlflcates of Insurance or a copy of all insurance poles including those naming the COUNTY as an additional Insured. The COUNTY reserves the right to require a certi ed copy of such pol"ems upon request. 9.1 SEC110M HEACHNGS Section readings have been Inserted in this Agreement as a matter of convenience for reference only, and It Is agreed that such section headings are not a part of this Agreement and will not be used in the Interpretation of any provision of this Agreement,. 9.2 OWNERSHIP OF THE PROJECT DOCIMENTS The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 93 Su AND ASSIGNS The CONTRACTOR stall 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 immedlateiv 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 TERtANA710 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 falls to perfbrm its material obliptions set forth herein, The COUPM may terminate this Agreement without cause upon giving fifteen 15 days written notice to the CONSULTANT. if the COUNTY utilizes this provision, the termination shall supersede a ny 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 service subject to audit for verification. 9.6 CONTRACr DocUMENTS 9.6.1 The Contract documents consist of the Agreement, the Scope of Work, tither CONTRACTOR Requirements, Drawings and Specifications, all Amendments and any addenda, the Florida Energy And Climate Cony mWon Grant Agreement No. ARS010 that Is hereby incorporated by referee, CONT'RACTOWs proposal docurnen% any other amendments hereto executed rues t � the pa together with the required CDUN7 Y documents frurnished part of the Proposal or required to be furnished by the Proposal and all required insurance documentation. 9.6.2 The foilovving Exhibits are included within the Contract Documents, 1. Exhibit W Scope of Work 2. Exhib1t 'wr Deliverable and Pant Schedule 3, Exhibit"CO CONTRAC TOWs product sped *ons 4. Exhibit *W CONTRACT€ Ws product warranty 9.6.3 The following additional Attachments are Incorporated within this agreement and areas follow 1. Attachment A Public Construction Bond 2. Attachment B — Special Audit Requirements 3. Attachment C Wage Determination F L162 4. Attachment D -- Certified Payroll Form 5. 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. ARSMO is incorporate d within this agreement by reference. Agreement Page 11 9.7 PUBUC ENTMES CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity cry may not subunit a bid on contracts to provide any goods or services to a pubes entity, may not submit a bid on a contract with a public entity for the construction or repair of a pine 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 consuftant 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 HsL BY signing this Agreement, CO NTRACTO R represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 2197.133, 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 COUNTrs 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 'pubffc entity crime and that It has not been fornmaly charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been planed on the corwkted vendor list. CONTRACTOR will promptly notify the COUNTY if It or any subcontr r or subconsu Cant Is formally charged with an act deffned as a "public entity crime'"' or has been placed on the convicted vendor list. 9.8 MAINTMNCE of RECORDS 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 5j years following the termination of this Agreement. If an auditor employed by the COUNTY or Cleric determines that monies paid to CONTRACTOR want 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. 5.5.03, of the Florida Statutes, running from the date the monies were Arid by the COUNTY. 9.9 GOVE"1NG LAW# VENUk INTERPRETATION* COSTS, AND FEES This Agreement shall be governed by and construed In accordance with the laws of the State of Florida applicable to conb"acts 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 lie 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 institutlon of any other administrative or legal proceeding. Agreement Page 12 9.10 SEVER iBJU TY If any term covenant, condition or provision of this Agreement or the application thereof Pp to any circumstance or person) shall be declared invalid or unenforceable to arty extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this shall not be affected the Agreement, and each remaining ining term, covenantcondition and provision of this Agreement shall be ova lid and shall be enforceable to the fullest extent perm fitted by law u n less the enforcement of the remaining terms, covenants, condemns and provislons of this rent ree 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 vision 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 g Is Initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and court costs, as an award against the non -prevailing � � P n party, and shall include attornel(s fees and courts casts 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 the circuit court Monroe COUNTY. � °f 9,12 BINDING EFFECT The terms, covenants, cOndftrs,, and Provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, suocesso and � assigns. 9.13 AU THORrTY Each Party represents and warrants to the other that the execution, delivery and performance ry P rrrnance of this Agreement have been duty authorized by all necessary COUNTY and corporate action as required law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and ls, empowered to apply for,, seek, and obtain federal and state furls to further the purpose of this Agreement; provided that all applications,, requests, grant proposals, and fundingsolicitations shall PP � approved by each party poor to submission, 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted by meet and confer sessions between to be resolved representatives of each of the parties. If the issue or issues are stiff not resolved to the sartisfacto n of the parties, then any shag have the right • Pa�'i► ght to seek such relief or remedy as may be provided by this Agreement or by Florida law. 9,16 COOPERATtON In the event any administrative or legal proceeding is instituted against either relating to th Pail � e formation, execution, performance, or breach of this Agreement.. COUNTY and CONTRACTOR a Participate, to the extent required the of �"`� to .. r'eq b her party, In all proceedir4, hearing, processes, meetln and otter activities related to the substance of this Agreement � � nt 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. 947 NONDISCIUPANA1ION CONTRACTOR and COUNTY agree that there will be no discrimination against any pe rson 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 part, effective the date of the pa of any court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all toil ordinances, as applicable, relating to nondiscrimination. The Include These +� ude but are not limited to: 1) Title VI of the CMI PJghts ►act of INA (PL U-352which discrimination o } prohibits n the basis of race, color or national origin; 2 rdle Ix of the Education Amendment of 1972, as amended (20 USC ss.1681-2683, and 1685-1696),, which prohibits discrimination on the basis of sex; 3) Section SO4 of the Rehabiritaticn Act of 1973, as amended 20 USC s. 794 which prohibits discrimination P bI� on the basis of handicaps; 4) The � Dori mination Act of 1975, as amended41 USC ss. 6Ii�3.�1C which prohibits discrimination � P rim, ation 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 bash of d abuse,,* 6 Comprehensive Alcohol Abuse a �The and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or 7 alcoholism; Public health Service Act of 1912(42� � Thess. 523 and 527 USC ss. �dd�-3 and 290ee-3 , as amended, relating to cvnf dentiality of alcohol and drug abuse patent records; S TWe Vill of the Civil Rights Act of 1968 42 USC s. et seq.), as amended, relating to nondiscrimination In the sale, rental or financing housing; 9 The Americans with asahilNote), I R of 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 COUP' d hi hits discrimination Code Chapter 13, article � I, which Rm scrim nation on the bash; of race, color, sex, religion, national origin, ancestry, sexual arleintation., gender identity or expression, familial status or age; 11 pond Iscri m in anon provisions � Any other P ns to any Federal or state statutes why may apply to the parties to, or the subject matter of, this Agreement. 9.19 COVET OF NO INTEREST CONTRACTOR and COUP covenant that neither presently has any Interest and shall no t acquire any Interest, which would conflict in any manner or degree with its performance under this that one interest of each is to e� Agreement, and P rrn and recede benefits as recited in this Agreement. 9,19 CODE OF EMCs CO U NTY agrees than officers and em p loyees of the COUNTY recognize ize and will with the standards g be required to comply conduct fair public officers and employees as delineated In section 1,12 Florida SUrtu�tes, regarding, but not limited to, solicitation�� or acceptance of gift, doing business with one's agency; unauthorized compensation; misuse of public position, confli� • and disclosure erflp�ment or relationship; losure or use of certain Information. Agreement Page 14 9.20 NO SOUCITATION/PAYMENT The CONTRACTOR and COUP warrant that, In respect to itself, it has neither empkrpd nor retained any company or person, other than a bona fide employee working solely for ft. 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 oyee working solely for It any fee, commission, percentage,, gf, or other consideration contingent upon or resulting from the award or Braking of this eernent. For �` the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right t terminate this Agreement without liability o �' b � and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,, percentage,, gam, or consideration. 9,21 PUBLIC ACCESS The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection of all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119 Florida Statutes, es, and made or received by the CONTRACTOR and COUNTY In connection with this ► g reement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision COOT P b11 1�CTY3R. 9M22 NON -WAIVER OF IAA Ii ull 17 Y 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 fiablffty 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 required to contain an � the COUNTY be �q y provision for waiver. 9,23 PRMLEGES AND l MMURMES All of the privileges and immunities from liability, exemptions from laws„ ordinances and rules pensions and relief, disability, workers' corn and compensation, and other benefits which to the activity of officers, agents, or empfcyees 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 a same degree and extent to the PP�l1 to the �rfbrrnance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9,24 LEGAL OBUGAT ONS AND RE9PONSIBiU71E' A. Non -Delegation ion of Constitutional or Statutory Duties. This Agreement Is not Intended e , nor shall it be construed as, relieving any participating entity from any obligation or responsibility Imposed upon the en laws ewe t �` by except o the extent of actual and timely performance thereof by any participating entity, In which case the performance may be offered in satlsfaction of the obligation or responsibliity. Further, this Agreement is not Intended to, nor shelf it be construed as, authorizing the delegation of the co nst ed constitutional or statutory dyes of the COUNTY., except to the extent permitted by the Florida constitution, state statute, and case law. Agreement Page 15 R. COM PUANCE 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 peons of, such sere„ including those now in eft 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 notice of termination to the CONTRACTOR. The CONTRACTOR shall possess proper licenses to perform work In accordance with these s ions throughout the term of this contract 9.25 NON -RELIANCE BY NON-PARTIES No person or entity shah be entitled to rely upon the terms, 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 authors to inform, counsel, or otherwise indicate that any particular Individual or group of IndIvlduals, 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 ATION 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 ern of a truth in negotiation caertiftcate 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 aged 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 foilowing the end of the Agreement 9,27 No PERSONAL LA81UTY No covenant or agreement contained herein shall he deemed to be a covenant or agreement of any rn em ber, off, agent or employee of Monroe COUNTY in his or her individual capacity, and no member, officer, agent or employee of Monroe COUP shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement This Agreement may be executed In any number of counterparts, each of which shall be regarded as an Agreement Page 16 vaginal, all of which taken together shalt constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. IN wITIV WHEREOF, each party has caused this Agreement to be executed by its duty authorized represeintat1w on the day and year first above written, "(SEAL), Attest: DANNY L KOLHAGE, Clerk .x gy. Deooty, Date: 1 Qr I at ""o l (Seal) Attest: BY. Title:..- !�*%4,Rr�r f�+ KATHLEEN J. liEAZARo Notary Public - Sots of FkWft My Comm. Expires .tun 14,2014 4 VON 11E{iitt Commission EE 442 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By, MayorJC ahpirr n SDI sow INC. Title: MONROE COUNTY ATTORNEY aP OV,E D AS To R 0 NA i EENE Wl AS' ^ L ASSISTANT � �N Y A 1 oSNEY D to ., Agreement Page 17 4.01 Project BaciWound Monroe County (the Florida Keys) is a national environ m ental treasure; horns to the Everglades National Park, Big Cypress rational Park, several national habit refuge parks, the National Marine Sanctuary, and the only coral reef in the continental united States. it is oun issues relating to cllrrt �' d zero for ate change to water quality to coral bleaching. The Cou and pits partners the �y Key of i� � West, the City of Marathon, and the Village of islarnorada � are all designated an Area of State Critical Concern and have for decades been careful stewards of th fragile Keys eco-s . rn. Federal pass -throw u e � funding under the State for energy conservation Improvements in the form of Grant Agreement #,bolo was recent' approved PProved to help Monroe County and its applicants to achieve the goals of reducing energy, water and other n atura f resource use along with the reduction of greenhouse gases and other harmful Countyand its municipal materials, The P partners have identified inMatives that can be implemented achieve broad Impacts. P ted to 4.02 Project tocatlon A minimum of 15 solar water systems will be installed at the Habitat Lands one Key. The homes are grouped Landing community on Big gr ped together on one parcel. The homes are all the same mod model. This uniform is an o modular opportunity for savings in engineering costs. delive and Instaflatlon, n addition solar�. si to set up grater heater syster�ns will be installed by the Contractor in other locations in Monroe County as directed by the County, A.03 SCOPO of Work A. This project provides work in the residential sector, to Install a minimum of Been (15) solar hot water heaters In affordable homes in the County. The highest '� Florida g� has one of the g housing costs in the State. The replacement and removal of conventional hot graters heaters with solar will not only help reduce emissions and Promote ote energy efficiency measures in our housing stock, It will assist low and moderate Income familie s econo"nically. The minty has partnered with the focal chapters of Habitat for Human • Humanity to administer ester this grant activity. B. The Contractor shall perform all of the work required, !rn from this� plied or reasonably �• nferabfe agreement. The term *work" shall mean 'whatever Is done b' or required perform ��u gyred of the contractor to p rr�rt and complete its duties under this agreement, in€�udin th design of the project,providingg e following; P j , the spec�ations for the best available needs of the project, construction equipment to meet the j ct n or installation of the whole or a designated project;fury ishin part of the g of any required surety bonds and insurance; and the ro supervision,, r provision or furnishing of labor, su P eportins engineering services, material, supplies, appliances, facilities tools transportation, equipment, futures, , ansportation, storage, pourer, debris disposal, the payment of an applicable safes and use taxes; procurement and � � payment of any required permits front local, state or Federal authorities having jurisdiction, royalties and rodu p ct license fees, fuel, heat, Agr"ment Now Page I a light, cooking, 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 al security rules and regulations. The work to be performed by the contractor is generally described as follows: Project includes Installations 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 Misting water heaters in an environmentally responsible manner, approved by the Ct?Ulll7X The work as described In this Scope of Work is enabled and governed by the Countys FlorWa 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 specffied herein. The Contractor is responsible for obtaining and payment of all permits which may be necessary for the project. 4,04 PROJECT OBJECTPA3 The project objective Is to reduce power consumption within the county by procuring and Installing residential solar water heaters in a minimum of 15 !ow or moderate income households. The CONTRACTOR agrees to instal) 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 CONTRACTOWS PROJECT APPROAGII ■ Methodology The system to be provided Is S Drs PV50-11, which can easily adapt to the homes. This system shall utilize a 50 gallon electric water heater that can fit safety into the tank location. Agreement Pape 19 SDt Solar will also use a high performance SD&CRW (4xA) collector and mod solar use. The modified Sp PlIon tank mated With a 4x8 collector has been t�usee ink to years and has been approved by the Fbrlda So�'SY ar �� for many Center (FSEC). The SD7CRW (4X8) Collector is rated at 30,200 BTU's per day. in artier to reduce a energy usage, the system utilizes a parasitic power a DC circulating ��ic (PV) panel the u� energy from the sun to B pump. The FSEC system and collector approvals are attached to Exhi--- b- �.� System Benefits The system will be design ed to Provide enough hot water Florida day. �e information for a family of four � a �n has been obtainedpjr � which estimates that fv the FloridaflSolar finer ur people use an average � tenter (FSEC) d� ►ram e n the sun� �` S� gallons o f 17ot ,rater is weak or biked b clou per day, n upper half of Y ds a backup electric heats the tank is available to heat heating element In the are as foil the water. the electric � of the selected system M Use of the highest solar panel I ava ila ble use of the bottom return solar tank why returns bottom of tank, Bothl 'per from the collector to th,e Ines to and from the tank outside the tank where the collector are mount they have no effect on the hot water stored in the t circulated from the �m � the tank, f will cool the hot � tank through the trot grater star. if the per �urnin above. it tank �a a Pipe � � the collector to th p p to the tangy it will also cool thea top � the expertise, will n hot water. Exterior Piping, °t have the energy robbingp P St�ls effect, `here are no ma inten ance re homequirements for the system e�cce owner as follows: pt for a fear inspections b Y the * Check for any debris (branches , leaves etc. on the collectoronce y a lot o f trees. per home is surrounded bmonth the • unplug the electric water heater tie per year to ensure providing hot water a �� the solar syst Schedule Coordination SDI Solar Inc. employs managers and office personnel. U pon will Immediately Provide all designs and . .......engineering drawings awarding of the ccrrtract� 501 for the purpose of applying Agreement Page 20 for permits. All permits will be applied lip ied for by SDI and upon receipt; contacted for the scheduling f�. the customer will be ling of the project. The customer scheduling options ill be Provided multipleg A ns including Saturdays for the Installation. Customers mill be provided a two hour wi• ndow for the arrival of the installation cre�►, onsite storage of tools, equipment or and products vrlf be brought to components. Aft rnateriafs the project on the d of in Instaffers. An debris o � installation � the certlffad y r excess material such as metal to Sit afar at their Installation.# P sic or glass shall be recycled facilmes at the heater completion of the project, if the rerttov can be reused or donated to another removed home SDI will do so. in the case of heaters that and all recyclable material will be r Installation will take no longer than removed. The g eight (8) hours, therefore the hone rrtinlrnal disruption to their rtorn�� ewe homeowner will have everyday schedule. The solar hot grater tanks will have a g year manufacturers warranty -The • have a io year manufacturer err solar panel the a��. SDI Solar shall provide a two Year e entire system. labor warranty an IN Schedule and Availability Sal Solar. Inc. currently has in stock over 200 systems and twenty certified f the ability to Immediate install nstallers with �` the project. !� �� have the minimum Pon receipt of an approved perms, SDI Sol ar mum been systems Installed within I Solar Inc. will install a ��" one (21) calendar days, SDIm minimum of One hem per u a �i � �y until completed. Ho�e�reT P � that Installation shall our is at the rate of two per day until corn not be held rftpo�,�k for deco � complete. (SDI will +�� ]�s cOntrOf sucfr as der or homeowner to allow work to ofcOmmence.) Add�onal units beyond the scheduled at the mutual convent � shaft be convenience of SIDI and Isle COUNTY, However, completed prior to the CoN��r termination all work must be �inatlon date. Design Services & Labor Upon awarding of the contract Sal Solar Inc WIN Immediate en systems to be install ly inn �r and design all of th ed. In addition bu ildln i e submitted g � is and applications will be immediately to the building department b S edfately y tit. 5D1 Installers are all '1fy-2 employees. �d are cer#tfled solar installers. meet any of the published classifications as diwtoever, they do not described in �F 100187. S however, certify that all install tit Solar does, Installers are paid in excess of the higher published carpenter listed as $15.83 per by pu shed rate of � hour. A gmMent Page 21 All materials and equipment needed to complete each � Individual shall be provided by Sol Solar to Include but not be limited to the followin g: 50 dal solar Tank 4x8 So& collector'. Relief Valve, 2 Bore Dralns� pipe clamps% pressure relief Valve, 2 hose bibs, 2 shut off valves check valve, freeze valve,, pV W r n& PV pump DC 1D � Watt Pv panel, hack up electrical connection, The system shall be tested, certified and explained p to the homeowner and a detailed Instruction manual gill be Provided to the homeowner up on completion, Agreement Page 22 A!`irdable Residential Solar ''water Heatffs NO` � �dlvsrabley p�� ]-Month--_.-. Dgdilne Paymient 1 Vendor(s) selected Submit contract to Month using solicitation County commission for July 2011 September N/A a royal 2011 r Installation of solar Contract(s) executed forwater . ..... heaters in Installation and minimum of 15 homes, materials Purchased. p fiber lanuary3l $4,A52* unit remove +'�6 water heaters and dispose W Work compieted. 2011 2012 installed 3 4Provide training to residents on use Training Class — Sign in sheets October January 31 2011 2012 Inclusive of 4 Provide warranty to Residents and Coun Warrantyr- document per household October January 31 unit rice Inclusive -of 2011 ZpyZ unit rke 5 Final Report Submit a report Including photographs February Februa ry �alnagt Paid upon of the installed water heaters, bills and �012 15, 2012 acceptance invoices of final *Note: The per u n t fee of $4852 IS all in other sere Inclusive of all services, equiprrie �rarran ices. However. if existing el fcal or � ty and Cfl�Vi`i�t plurnla�n� jade issues are discovered CONTRACTOR will contact the Building Department issue at hand. P nt and develop a �ardinated plan to lax Notice Mll be provided in advance to the estimated charge �e ��`�� of � due. and the for materials and labor (at cost)need requirements, needed to �orr�p� � building code ents, COUNTY shall review the Information e the specified adds and, at option, authorize the repairs for additional fee. P Agrftment Page 23 Agreement page 24 FLORIDA SOLAR ENERGY CENTER 1679 CLEARLAKE ROAD, COCOA, FLORIDA 32922-5703 (407) 638-1000 FSEC # Approved Solar Energy System 59104 MAR 9 6 DISTRIBUTOR SYSTEM Solar Development Inc. PV 50-11 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 Fl orida Standards Program for Solar Domestic Water and Poo Heati ng Systems (FSEC-G P-80-7) and was found to meet the minimum standards established ,,by FSEC. Description Model Units Total Ratin 1 WWMVEWWREN�Solar Dev. Inc. SD7CRW 4xS 1 3o1,200 Stu Pguns tar 4 6o Btu..... 3 Solar Dev. Inc. SD7WB 4x8 1 26,800 Btu 4 ..„r1..,...13n i. 7.QQ Btu.7 5 Amer. Energy Tech,, AE- 32 1 309 700 Btu Tank Model Capacity 0 Direct .L. listed 50 aeZ, W r.r��*u*�inm�rrr ❑ Int. Heat Exch. 2 W.-water. hgatar 3 NAAPlq.lrrl rrlli� l�r_I�Prr��UliPlili�r� 4 Pu m Mok, al Power Draw Rated Power 1 hzrtell CP--3B-12HE 7--40 Watts 1/ Z44 H.P. 588, H2P 3 March 809-SR--24DC 15 Watts 1/100 H.P. .nlm I ■ �r iulnurrr ...rl Irl- _ _ __ _ I -III I■ III I��rAr• 4 .000104�Ivan Labs El SID 4 Watts 1/300 H.P. Controller Model ❑ Differential Temperature 1 ARC12 1481 14P �.rl �-�-5 II P �gl.liPl 19941i�r �rlrrr� ❑ Absolute Temperature 2 Solarex CorpSXLQ ❑ Thermosiphon 3 Sol-Lec tric SL--10 W Other 5 S i eme rrs 145 * Other Major Components 1 Collector; _ Amer.Ene�gy Tech. AE-32E I ubit 27,100 Btu n addition to above 2 3 d *-To be used with lvan.Lat .1 SID pump It further information is required you may contact the Florida Solar Energy Center at the above address. ex G SUMMARY INFORMATION SHEET ,4Nvite, FLORIDA SOLAR ENERGY CENTER OwIf �February 1984 c�,F�AFU1679 AKE F�3AD, 3�_57032 (�)�,,1� �'�' F S EC # 84010 C Solar Development Inc. P.O. Box 13139 North Palm Beach, Florida 33408r-713 MANUFACTURER Revised August 2003 Collector Model S07CRW(4x8) This solar collector was evaluated key the Floridan Solar Energy Center (FSEC) in accordance with prescribed methods and was found to rn 'eel the minrrnurn standards established by F�l�c. This evaluation was based on solar collector testa performed at the Florida polar En r tenter. gape Canaveral. Florida. The purpose of the tests is to verity initial performance conditions and quality of construction only. certification is not a guarantee of long term performance or durability. o Y The resulting DESCRIPTION Grass Length 2.444 meters 8.02 feet Gross Width 1.189 meters Gross Depth 0.098 3.90 feet meters Gross Area 2 , 903 square meters Transparent Frontal Area 2. 743 0.32 feet 31,25 square f q e feet square meters ��r+ Volumetric Capacity liters � 29 r 53 square Meet r i�ter►7 Weight (empty) 48, 5 kilograms Recommended Flom Rate 570.9 1.0 gallons 107.0 pounds mlys Maximum Operating Pressure 552 kPag o. � gpm 80 Maximum Wind Load 2633 Pa ig 55 Number of cover Plates One psf psf Flow Pattern Para I I el _.. Number of Flow Tubes Ten 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 Sack chrome selective coatings insulation Foil faced polyl socyanurate, 4.4 Cm thick k THERMAL PERFORMANCE Tested per ASHRAF 93- 77 Incident Angle Modifier K rcr — 1.0 — 0.31 cose Etficlency Equations 17= 74.8 - 375 Ti-Ta)/l 7 74.8 - 66 (Ti--Ta)/f 17 = 74.5 342 Tlw-Ta /l -- 469 f (Ti-Ta)/l 2 74.5 -- 60 (Ti-Tail 14 (Ti-Ta)/112 Units of Ti-Tafl are °C-m2/Watt .. ... ............. a � Units of Tl-T"a l are F ft hr/Btu 141 ---- RATING The collector has been rated For energy output on measured performance and an assumed standard da . Totals t r standard day is 5045 watt-hours/m? (1600 Btu/ft2) distributed over a 10 hour period. Y o a energy aw$itable for the Output energy ratings Far this collector based on the second -order efficiency curx#e are: Y.N collector Temperature Energy Output Low Temperature, 350G (950F) 3� 30 0 Kl lojoules/day Intermediate Temperature, 5o" ( 1 22 ° F 359400 Btu/day 31 �00 Kilo'ou High Temperature, 100°C (212'DF les/day 15 M0 Kilo pules/daly 30,200 Btu/day 15,100 Stu/day Referwence 82 186 (5A L VIC Agreement 'age 2S SOLAR DEVELOPMENT., INC. (SDI) TEN YEAR WARRANTY ON THE SDI SOLAR COLLECTORS 1.) SCOPE OF COVERAGE I'his warranty applies to a new solar collector purchased by the end user. The warranty covers the collector as a whole including all 0 its components and parts. It extends to the first buyer for a total often ( 10) years. WARRANTY ON THE COLLECTOR Solar Developments. Inc. (SDI) warrants its solar collectors to be free from defiects in both material and t-vorkm wish i p 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. 'I"his warranty applies to the collector installed for use as a heat collector to provide energy for use in med i. urn temperature range applications ( I 10 to 2110 degrees Fahrenheit) only. 3.) SERVICE LABOR RI SPONSILrry This warranty covers labor expenses for a two (2) year period. 4.) AT SURFACE SDI warrants fully for a period often (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.)'Fo defects or malfunctions resulting firom failure to properly install, operate or maintain the collector. ...)'Fo damage from abuse, accident, fire, flood,, hail, wind, or other acts of God. 3.)'I'o glass break -age. 4.)'I-o 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.)'-ro 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 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. 13.) 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 1his warranty gives you specific legal rights, and you may also have other rights which vary firom state to state. D.) Right to Arbitration A.nv dispute between the huyer .&nd SI)l pertaining to this warranty may, at the option of the buyer. he rcsolved by arbitration in the state installed according to the rules of the American Arbi.tration Association. E.) Right to Indemnity SDI will fuliv in.dernniN a licensed contractor �kh-o installs the collect(')r and gives a written warranty ws required by the California Solar Tax Credit Regulations. in the amount of any liability to the huyer under such �vcarra,nty for a breech that is also a breach of the Manufficturer's �iv'arranty to the buyer. F.) FILING A CLAIM claims should be filed with the contractor or the Dealer from whom the collector was purchased. If unable o so, please contact: Sol...,AR INC, P,O. Box 13 139 N.Palrn Beach FL 33408 561 84,12 8935 . . . . .. ........... ............... A4TTACHmEIM The following additional Attachments are incorporated from the RFP b made a Part of this agreement and are as y reference and are follows: Attachment A — Public Construction Bond Attachment 18— Special Audit Requirements � ants Attachment C — Wage Determination Attachment 0 —Certified Payroll for Attachment E — Propel Reporting Form Attachment F - Labor Standards InterWew Attachment G — WihI eb ower poster Attachment H — IDIJA Poster Attachment I .. The Florida Energy and Climate Ai��1�� Including Climate�nnhiss�n grant A ng Federal Funding grantee. �bI,�ernent No. and CONTRACTOR Provisions Agreement P29e 26 Attachment A Public Construction Bond ATTACHMENT A PUBLIC CONSTRUCTION BOND BY THIS Bola, We , as Principal and , a corporation, as Surety, are bound to �Ind herein called owner, in the sum of $ for payment of which vice ourselves, or heirs, personal representatives, successors, and assigns, Jointly and severally. TIFF CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , 20 y between Principal and owner for construction of the contract being made a part of this bond by reference, at the tires and in the manner prescribed in the contract; and 2. Promptly makes payment to all claimants, as defined in Section 255.05(l ), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or Indirectly by Principal in the prosecution p p of the work provides! for In the contract and 3. Bays owner all losses, damages, including damages for delay, expenses, costs, and attorney's fees, including appellate proceedings, that owner sustains because of a defau 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 2011 (NAME OF PRINCIPAL) (AS ATTORNEY- I WFACT) (NAME OF SURETY) PUBLIC CONSTL CTION BOND Attachment B Special Audit Requirements FLORIDA ENERGY AND CLIMATE COMMISSION N GRANT AGREEMENT NO. ARSO 10 ATTACHMENT R FIRST REVISED SPECIAL AUDIT REQUIREMENTS STATE of FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVEs"rMENT ACT KITED 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 ? 15.97, 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 ether 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 : 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.-13 3, 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-13 3, 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 previsions of 0N1B 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 ON B Circular A- 133, as revised, the cost of the audit must be paid from lion -Federal resources (i.e., the cast 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 l ttmI : 1 ' . ` .173:`c tda :c fda. html. FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. A.R.SO l0 PART : STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2-)(m), Florida Statutes. l . 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 .15.97, 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 ? 15.97(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 ? 15.97, 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 2)15.97, 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 ha s. `:'a ps.lid�f.Nxonv"lsaa for assistance. In addition to the above websites, the following websites may be accessed for information: The Florid Legislature's website at 1_1tt� Ww. le 7. state. ti. use Welco me i ndex.c fm, the State of Florida's website at Litt :// ww°w. ii yfiorida c~ornl, the Department of Financial Services' website at htt :<<'www. f1dfs.c€ rw and the Auditor General's website at li t t .-`' 'Wk `w. state. t . usf`ciud PART III: REPORT SUBMISSION 1. 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 .3120 (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 Fxecutive Office of the Governor 600 South Calhoun Street, Suite 251 'FiAllahassee, t= t..32399-0001 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. A.RSO 10 B. J'he Federal Audit Clearinghouse designated in (FMB Circular A-13 3, as reprised ( 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 1 ".201 East loth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .3 10 (e} and (f), OMB Circular A-133, as revised. ?'. Pursuant to Section .3200), COMB Circular Aw133, 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 Fetters issuW 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 11 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 ?S 1 Tallahassee, FL 3 1 3 99-0001 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 1 1 1 west Madison Street Tallahassee, Florida 3(399-1450 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 A� reetrient No. A 1 S0 0, 11(age 3 Of 4 FLORIDA ENERGY AND CLIMArrE COMMISSION GRANT AGREEMENT NO. ARS4 10 EXHIBIT -- FUNDS AWARDED TOTHE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Following*. Federal Program Number Federal A ency CFDA Dumber CFDA Title Fundin DE- US Department of Energy FEOO 241. 81.041 State Energy Program $2,679, l 3 State Resources Awarded to the Rel cient Pursuant to this A reement Consist of the Following Matchiniz Resources for Feder Federal Program Number Federal Agency CFDA CFDA Title Funding � State Resources Awarded to the R.eci ient Pursuant to this �► reerrrent Consist of the Following Resources Sub"ect to Section I State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding � Total Award 2167 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) tt 1 �.� .'45.173/c daf cf a.litinl and/or the Florida Catalog of State Financial Assistance (CSFA) htt s:f`�'a vs.l dfs'x nii fwaa/catql�, V,. ash . 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. Attachment C Wage Determination General Decision Number-, FL100187 03/12/2010 FL187 Superseded General Decision Number: FL20080187 State: Florida Construction Type: Residential County 0 COunty- Monroe County in Flor].da. RESIDENT_'_AL CONSTRUCTION PROJECTS (consisting of single famijy homes and apartments up to and inc,'Luding 4 stories). Modification Number Publication ication Date 0 03/12/2010 SUFL2009-084 06/08/2009 Rates Fringes CARPENTER ........................ $ 15-83 0.00 CEMENT MASON/CONCRETE FINISHER...$ 12.81 0.00 ELECTRICIAN*Ooaoosoo*****,eeoo*oo$ 10080 0.00 HVAC MECHANIC (HVAC System Installation Only) ...............$ 13.96 0.00 LABORER: Common or General ...... $ 7.25 0.00 0 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 ROGFER, 111clLuding Built rjp and Shake and Shingle ............ $ 12.70 0.rj,9 TRIJ'CK D-R. -VER, Dump and Towboy. -------------------------------------------------------- 11-40 0.00 WELDERS - Receive rate prescribed for craft per.,forming operation to whlich welding is inc"idental, 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 DETER-MINATION 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 nave responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactor cta,_ory, then the process described in .2.) and 3.) shou-]-d be followed. With regard to any other matter not yet ripe for the formal process described :sere, init-ial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage DeterminatiOn3 Wage and Hour Div4s' L is U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) if the answer to the question in 1.) is yes, It -hen an interested party (those :effected 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 fu.'Ll statement of the interested party's Position and by any information (wage payment data, project description, area practice material, etc.) that the considers requester reievant 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 DEC IS"10N Current prevailing wage rates as of 314/2011 at: h"-D-://www.wdol..qQvL�q�l/scaftle/davisbacon/FL162.dv General Decision Number: FL1001.62 10/29/2010 FL162 ..Jllper3edead fienera.1 Decision Number: Fr2008O'62 State: Flori(Aa -y: Monre "',,_),1n-_y rn Fiorija. r L D I N G C IjNSTRU__'TN PROJECTS (lCe- n1 1ues Ing ()r Apart-ment's lip ro and J_nc-lading 4 stories Muth fication. Numter P u, b - I ' i- '_,rition Date 0 031121201'0 03/19 ' 12010 03/26/2010 3 10/29/2010 IELE000349-003 08/31/2009 Rates Fringes ELECTRICIAN Electrical contracts including mateials that are over $2,000,000 ......... $ 29.61 8.71 Electrical contracts including materials that a,L.-e under $2,000,000.......,$ 27*15 ---------------------------------------------------------------- 8.44 ENG10487-004 0110112010 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton CdpaC-LtY .................... $ 28.05 8.75 Yard 'Crane, Hydraulic (rane, Cpacity 15 Ton and Under ....................... $ 21.00 ---------------------------------------------------------------- 8.75 fRON0272-004 10/01/2.006 Rates Fri'ncies 1ROt4WOR-KER0, REINFORCING AND i'll' 1'4 U (_'T 1 -1 R A L ........ 7 .............. :� -, 1 ----------------------------------------------------------- 6.43 A i. j f N'0.� 0 4 IL ----- --------------------------------------------------------- -------- S r nqes K r V, 4o ------------------------------------------------------ 4 � W Page 24 Rates Fringes SHEE METAL WORKER z HVAC Duct Installation oni .... .. .^? 24.42 __- ---------- 36 ------------------------ Rate,s Fringes ram^` A p L u NT i4 ;1. • . . . . . r . r . . • $ 5 0 _7 T i��Aa JI�i `'Ui�CRE'7E E 1 W L 3HER r s . � l r { 0. 0 o FENCE �1 /^� L A 80RERa Common I ':Je ne y^ $ 8.62 asoo LABORER. Pipelayer.............. $ 10.45 0.00 OPERATOR-* Backhoe/Excavator.....$ 16.98 0.00 OPERATOR: Paver .•.•.••.. r•.....$ 9■58 0.00 � �r OPERATOR: O E RATOR ■ P {.i,-rp . • . ■ . ■ • . • . . • • . ■ • F . $ 11.00 1.00 0.00 RA INTER: Ro year and Spray Only■ . . . . • . . . . . • a ► ■ . • . . . . . . . . • . . ■ $ 1 . 2 1 0.00 PLUMBER •■■.f....•....•..•.....•..$ 12-27 3.33 ROOFER : Built up, f COmpos i t- ion, Hot Tar and Single ply .......................$ 14.33 0.00 SHEETMETAL WORKER (Excluding 1iVAC Duct j nstall.ation) .......... $ 14 41 • 3,61 TRUCK DRIVER: Dump and 10 Yard L a rd Haul Away • . . . • ♦ ■ . . . .. . . . . . . • 9.00 s[ . T - - - ♦w - - - ♦r - - - - - - - - - - - r - - - - - - - - - r - - - - tit. - - - ..w ww. - - - w•. - - - - r - - - - 0 .15 tiwr •. +r w•. - -- WELDERS - Rece .ve rate prescribed Eor craft performin operat ion to which welding is incidental. g Uri �_:�te d c:-- Las sifJ.�atzE�ns neededfor�rork not incl�.�d�� wi.t � h�� ape E:� f � hp within •..r ii iF"at `:and A. 1 may be +Jded of ter iwa r(j only is --------------------------------------------------- .. 3 i j -i.! j ~'.jiwi3t r3i .i !C x.i[ �� 411e �n`..l ■_jc..:g.), ..Itfar re. - ...1 Fes._ A .i � � i. +.. .i., ( �'•.� Page 25 WAGE DETERMINATION APPEALS PROCESS I Has there been -in it lal dr- ecision in _-he matter? Th is can yyy b an �xigtinq published wage det ermin at ion a 3 u r v e Y n d fa- r ]L V J. n q a w,i (4 e et r m i r, a t i c, n a Wage and Hour Division letter setting forth a P(-Fsition or. a wage a onforman-e tadditl�nal and rate) ruling un survey related matters, initial i.ncluiing requests 3' rveys' should be with the Wage and Hour Regional office 1� "or the area in which the survey was con,'Jucted tecause 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 EolLowed. 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 (^)E Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question Ln 1 . � is yes, then an interested party (those affected by Mhe 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 :your' Administrator U . 0" . Cepar.mf�nt of Labor 200 "on3tit-ution Avenue, N.W. W - �- 4� )C "' () � 10 .Ash irl(11:0- , L' 44:�� .- h Y t i I- n i e iy, J y t e3 P -3 133 e 7 :__r1 -a n 3 3 f 1 -9 i-!:':) I %r rf th�� Ae,' A -1mJ'_,t1 1' f: n N r e 'i p I i y Im n r, i e -4 .-1 r i-1 W W t Page 26 Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, 'dash i rgton, DC 20210 4.) All recisions by the Adm�-nistrative Review Beard .ire final.. END ')E r3E NFRAL 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 Flours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Gabor regulations 29 CFR part 5). Under section 102 of the Act each cont � rector shall be required to compute the gages 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 f2times 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. g. rights to Inventions Dade Cinder 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 an resulting invention In 9 y g 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 implementingregulations issued by the awarding agency. 10. Clean Air Act (42 U. S. C. 7401 et sect.) and the Federal hater 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). g y 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 a an I p p y y person ar organzatron 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 obtainingan Federal contract, grant or any other award covered b 31 U.S.C.1382. Each y y c 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 utilizingat leas some of the funds appropriated or otherwise made available b the American t y rrer can Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 3C of the Inspector General Act of 1 p 08� IE � U . S � C . App. � or of the Comptroller General is authorized - (1) to examine any records of the contractor or grantee, an of its subcontractors or subgrantees, or any State or local agency administering g � y g y ster�ng such contract that pertain to, and involve transactions that relate to, the subcontract, subcontract, grant, or subg rant - Page 27 Attachment D Certified Payroll Form U.S. Department of Labor PAYROLL Wage and Hour Division iFor Contractor's Optional Use' $@B InctruCtlon& at WWW cod oY1Whd�fortl7S{Wh347 t hii9i N a f0 V It r. Parsons are not required to respond to the collection of inionna#ion unless It drspiays a currently valid OMB control number. Rev. Dec. 2008 NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.: 1215-0149 Expires, 12/31 /2011 PAYROLL NO FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO, -- w-- - 5 I. Ma ,[I ..;;-,r+r ►a tj$X)U16w, rt 15 nlartGaWrY tOf covered contractom and subcontractors perforrrar►g work on Federally fnancned or assa ted construction cantracfs to respond to (tie ►ntorrnatron collection contauned in 29 C.F.R. §§ 3.3, 5 5(aI- The Copelarrxi Act (40 U S C § 3145) contractors and &ubcWtractors psr#orrrung *cN* on Federally financed or assisted construction contracts to ` umish weekly a SUkUMWd with respect to the wages Paid each employee during the preceding week' U.S, Detpar )ant of Labor (DOL) regulations at 29 C F R 5 5ta)z3Xti; require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construcbm profect, accompanied by a signed "Statement of Compliance" ir►dreahN that Me payrolls are correct and co replete and that each laborer or rnech.aruc has been paid rapt less than the proper Davis -Baca prevaWing wage rate for the wont perfomrred. DOL and fedsrai contracting agencies recervitV this infomtabw review the information to daterrnrre that employeft have received iegMy ragwwad gages and finpe benefits. Public B rdan Statrmant VVe Osst,n'ate Mat is will take an average of 55 rrzirwtes 10 camptete this collection, inciuding tune for reviewwQ instructions, seaurctung exLvt data sources, ga#t►enng and maintarnmg th* data needed, and c GnipiewN and rewowing the collection of antonnataan. If you have anY eamments rragardinq these eswnates or any alder aspect of this collec4w, inducting Suggewaom #or reduang tNs burden, send them to the Admirkstratar, Wage and Haw Dtvism. U.S. DeparimeM of Labor. Room S3W2, 200 Co *AdLoon Avenue, N.W, WasNngtun, D.0 20210 (over) Date (Nan -we of Signatory Party) (Title) do hereby state, 1) That I pay or supervise the payment of the persons employed by (t�o-n—tn;c—toror Su bcontractor) on the (B+�ilding or Work) that during the payroll period commencing on the day of and ending the . day of I all Persons employed an said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said (Contractor or Subcontractor) from the full weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than Permissible deductions as defined in Regulations, Part 3 (29 C,F,R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stan, 108, 72 Stat. 967; 76 Stat.. 357, 40 uS.C, § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set faith therein for each laborer or mechanic conform With the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship Program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered v0th the Bureau of Apprenticeship and Training, United States Department of Labor. k4jhat.. (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS C1 - in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be rnade to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH El - Each laborer or mechanic listed in the above referenced payroll has been paid, as Indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) REMARKS., NAME AND TITLE SIGNATURE EXPLANATION THE WILLFUL FALSIFICATION OF ANY OF THE ABOVF STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION, SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. Attachment E Property Reporting Form FLORIDA ENERGY AND CLIMATE CONIMI&SION GRANT AGREEMENT NO. ARSO 10 PROPERTY REPORTING FORM (Fw PFOPW4 W" Gtantsel ss' n A n ad propeft ... - -,w-- — controi Humbws) STATE OF FLORJ-DA GRANT ASSISTANCE AMERICAN PURSUANT TO RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS "A"U'E* "St r"'Perx6bie e4won*ntiperux-sai priopefty* MSWV SLOW LOW cw more pwdwsed UlAw de above Agrewwm, Also to aft upgradft* uncler tips Aqremxmt� coAmV $1,00u or nxwe, ot P(evK)u* Ptschat-sied under a CO"wre5sm Gram Agreeywt (Kkmtjty the Property upgraded and the aPpkabie C*wwAm Agreemnt on a separate sl�). Cwvlete the serko no./ cost, property wntrul nwnbw cokmv-,, IePurt Uie inventory of sari p1ropeny, oin an ann" Ot "us form. The Grantee " esubit5h a unwA* Kkwtdier for tradung ab persaW property/equ4Xroent Purdwksed under dus Agreemem ww b"'s, tO d* Cummissm"s Grant Matla�w, by Grant Agrewwst mmitw, n© W" dean ski Jbrxwy 31a for eater year " AqrewTwM is in efkcL SERIAL No./CoST-** *Not wjuding softwae. * *Aaach wpy Of invoice. biO Of she, or Ww *r docuffwntaWn to Lrantee/RecjPwnt. LOCATIONJADDRESS GRANTEE/RECIPIENT ASSIGNED PROPERTY I NUMBER GranteetOmrs Representabye: T Daw: ras a I"... = ................. GWAAW HAPAAGM. Uww Ka Com"Luxw Um owy "us 00cum"d-- W"M A CO" OF THE VIVOICES Milk THE Cosy cw cAct, rmm DENTnw AGREEStUff IS A COST FIkAkM AkD a ASOVE IN YCOR MEW FOR THE M5011W AGREED! I MAKE SURE To SEM XW*VICES SUpVMTING TIM COST 'm Grant m6nager SKJ"Ure. PMOCESSM OF me GRAWNEVIRAcuum"s untowe Km mysw=. OF THE ITEM TO Daw: (4r4lit Agrelclacm No, ARSU It), pjj8,c 58 of 65 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 I 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? ONO Are you paid for all hours worked' 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 pasted 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 WHAT DEDUCTIONS OTHER THAN TAXES AND SOCIAL SECURITY ARE MADE FROM YOUR PAY? HOW MANY HOURS DID YOU WORK ON YOUR LAST WORK DAY DUTIES PERFORMED TOOLS USED BEFORE THIS INTERVIEW? DATE OF LAST WORK DAY BEFORE INTERVIEW (YYMt'I DO) WHEN DID YOU BEGIN WORK ON THIS PROJECT? (YYMMDD ) I HAVE READ THE ABOVE AND CERTIFY IT TO BE CORRECT TO THE BEST" OF MY KNOWLFDGF DATE (YYMMDD) X DATE (YYMMDD) 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 ANO POSTERS DISPLAYED? FOR USE BY PAYROLL CHECKER IS ABOVE INFORMATION IN AGREEMENT WITH PAYROL DATA? FIYES ONO COMMENTS CHECKER LAST NAME FIRST NAMEI MI JOB TITLE SIGNATURE DATE (YYMMDD) Attachment G Whistleblower Poster Know Your Rights Under the Recovery Act.' Did you know? The American Recovery and Reinvestment Act of '2W009 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? 0 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 discrimmated against as a reprisal for . making a protected disclosure. What types of disclosures are protected ? T'he disclosure must ust 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 autho %W1 9 rity over the. employee, a court or grand jury, or the head of a federal agency or his/her representatives.0. The disclosure must involve information that the employee believes Is evidence of: 0 gross mismanagement of an agency contract or grant relating to recovery funds; 0 a gross waste of recovery funds; 0 a substantial and specific danger to public health or safety related to the implementation or use of recovery funds; 0 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! Loty on. to Recovery.gov for more infon-nat'Ion about your nights and details on how to report at C� www.recoveEy,gqv. Section 553 of Divisf n A Jf�li V of the American Recovery and Reinvestment Act of 2009, Pl, 111-5 Attachment H so a � EP.dPLCIIIEE RIGHIrs UNDER THE DAVISMBACON ACOT 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 tabor's Wage and Hour Division. For additional information: SWA awHo 1 m866=4=U (1-866-4$7-9243} �fiY 1ision -877-889-5627 `,�. �q��`'Hour o" iA",WAGEH0URn00LvG0V i �f• r f ::3 atEti r i sr• IF Ihc.3 €? <.: ic.'_.: 1( ' 'rf i :.E �€X ...f 1J 3 I 3 $. E :. �.d .:E �t�i 1� - .. - Attachment FECC Grant Agreement No. ARS010