Item N6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 20, 2013
Bulk Item: Yes X No — Department: County Administrator
Division: Administration
Contact: Rhonda Haag, 292-44,811
AGENDA ITEM WORDING: Approval of Interlocal Agreement Amendment No. 3 with the City
of Key West related to their joint participation with the County under the State Energy Grant
Agreement from the Florida Energy and Climate Commission (Grant No. 17522). This amendment no.
3 retroactively modifies the termination date, payment terms, and deliverable dates tinder the Interlocal
Agreement. at no cost to the County. This approval also revokes aformer Amendment No. 3 which
contained a scrivener's error,
ITEM BACKGROUND: This amendment was previously approved by the BOCC on October 12,
20 12. I-lowever, there was a scrivener's error in the version presented. This amendment with the City
provides a retroactive time extension through September 30, 2012, which allows time for completion
of adiiiiinstrative work, invoice documentation and final report completion. Such documentation was
necessary to meet County and State requirements. Project work has been fully completed.
PREVIOUS RELEVANT BOCC ACTION: On December 15, 2010 the BOCC approved the
Interlocal Agreements for joint participation tinder State Grant #ARS010. On September 21, 2011 the
BOCC approved Amendirient No. 1, providing for modifications to the payment and reporting terms.
In
On May 16, 20t2. the BOCC approved Amendment No. 2 which extended the term through June 30.
2012. On October 1,7, 20t2, the BOCC approved this Amendment No. 3.
CONTRACT/AGREEMENT CHANGES: The modifications include:
(1) Paragraph 3 is deleted and replaced to specify the termination date is September 30, 2012.
(2) Paragraph 6 is replaced to specify reimbursements will be made by the County, not the State,
(3) Paragraph 7 B was deleted to delete the requirement for retainage.
(4) Paragraph 7 D is replaced and specifies the City shall reimburse the County for any and all funds
which the State may withhold from the County for the City's Task Work.
(2) Paragraph 813 is deleted and replaced and specifies the Final Report is due September 30, 2012.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: JO INDIRECT COST: — BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OFF UNDS: Grant #17522 (ARS010J
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH— Year
APPROVED BY: County Airy JL Omii[PurchasinC� ,, Risk Manayernent
t7
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Key West Contract #A3 N/A
Effective Date: June 30,201,2
Expiration Date: September 30, 20t2
Contract Purpose/Description:
This amendment provides for a retroactive 90-dav no cost extension to the Interlocal
17522 (ARSO 10). It also modifies payment and retainae terms, as the Count y_w asrec L�iired to
2ay the City prior to the County seeking reimbursement from the State
Contract Manager: Rhonda Haap, 4482 County Administrator. #I
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 02/20/13
Deadline: 02/05/13
Total Dollar Value of Contract: S 0.00 for A3 Current Year Portion: $ 0
Btalv,cted? YesEl No 0 Account Codes:
Grant: S S2.679,138-00
Counter Match: $ N/A
Estimated Ongoing Costs: $Q/yr
tNot inClUded in dollar value above)
ADDITIONAL COSTS
For:
interiance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes[:] NoEj
Risk Management YesEl No[D"
0 M B./Purchasing Yes[:] NoEj
A'r
County Attomey YeSEINo[l
L
OM13 Form Revised 2/27/01 MCP #2
AMENDMENT NO. 3
TO THE INTERLOCAL AGREEMENT
BETWEEN
MONROE COUNTY
AND
THE CITY OF KEY WEST
FOR JOINT PARTICIPATION IN
GRANT AGREEMENT NO. ARS010 (17522)
Tf I E AGREEME N'r as entered into on the 15th day of December, 2010, as amended by
Amendment No. 1 oil December 15, 2010 and Amendment No. 2 on May 16, 2012 by and between the
-LIONROE COUNTY BOARD OF COMMISSIONERS, a political subdivision of the State of Florida,
wliose address is 1100 Simonton Street, Key West, Florida 331040 (hereinafter referred to as the
"COUNTY") and the CITY OF KEY WEST, whose address is 525 Anttela Street, Key West, Florida
referred to as "CITY") is hereby amended.
WITNESSET11
WHERFAS, the parties desire to modify this Interlocal Agreement to account for minor procedural changes. and
WHERE.XS, the parties desire to extend the A-reernent by ninety (90) days to allow time for submission of reports
'ind invoices.
NOW THEREFORE, in consideration of the ritutual understandings and agreements set forth herein, the
COUNTYand CITY agree as follows.
Th i s Amendment No. 3 shall be retroactive to June 3 Ot 1-0 12 .
2 Prara-raph 3 is hereby deleted in its entirety and replaced with the following:
Tf-"RM -- I'lle term of this Agreement begins oil the date Of eXeCLaum by both parties and ends no later than
September 302012, unless earlier terminated or extended tinder the provisions of the Grant Agreement. The CITY
7
acknowledges the COUNTY's Grant Agreement AR OM as revised under Amendment No. 2'ends June 30.1 2012,
All work by the CITY under the Agreement shall be completed by September 30, 201 -1 All invoices and reports
shall be submitted by September 30, 2011
Paragraph 6 is hereby deleted in its entirety and re laced the following:
F(-'NDS CITY acknowledges and agrees that funding for its tasks under the Grant Agreement will be provided by
the COUNTY oil a reimbursement basis. CITY acknowledges and agrees that expended funds will be reimbursed as
app!-Oved by the COUNTY and related to each individual request for reimbursement submitted to the COTAINITY by
the (-TFYAll funds shall be distributed and expended in accordarce with the Grant Agreement. CITY agrees that
T
shall not receive advances of any type from the COUNTY. All reimbursements to CITY are dependent on
approval of specific reinibursornent requests submitted from the CITY to the COIJTNTY.
Paragraph 713 is hereby deleted in its entirety,
Parailraph ,D 7 is hereby deleted in its entirety and replaced with the following
CO(:NTY shall subriat all Pavinent or Rei tnbursernent Requests received fi-orn the (ATY to the COMN-1 IS Sl0N,
after the COUNTY has reirnbUrsed the CITY. Upon disappro-val of any part of the Payrnent or lZeirribUrsentent
RCqUC5r by the COMMISSION of the CITN"s payment documentation, the CITY shalt reimburse the COUNTY for
any and Ull funds which inay be withheld by the CONI'MISSION,
[lara-raph 813 is hereby deleted in its entirety and replaced with the following:
Flic CITN"s Final Report, due September 30. 2012 to the COUNTY, will provide a final narrative detailing and
cvalu,iirlg the accomplishments and impact of the project. The Final Report will include an evaluation of the energy
sav�nL,, directly attributable to the project, projections of estimated ener,gy savings expected to accrue from the
I - i 0
proJect and policy recommendations, which may be helpful in implementing other projects of a similar nature.
In all other respects, the Ageement of which this is an Amendment, and attachments relative thereto,
p
,,hall remain in lull force and effect..
IN WITNESS WHEREOF, the Parties have caused this Amendment to be duly executed the day and year
last written below.
BOARD OF COUNTY COMMISSIONERS CITY OF KEY NVEST
OF MONROE COUNTY, FLORIDA
M
'N"! " I V o r
Date -
ATTEST: DANNY L. KOI-RAGE, Clerk
(Sea])
By:
Deputy Clerk
Date:
'.\4onroe County Attorney
as to form:
Assistant County Attorney
Date.
Bv:
. .... . . ........
Mayor' Craig' Cate-,
4
Date- /,v / / ? ,
M
M
Date
Approved as to Form and 1_e.gal Sufficiency For The Use
And Reliance 0fTh�C-irf6-f-Key West, Florida Only:
t
767;�Att_omey', -Shawn Stnith
Date-
N
ANIENDMENT NO. 3
TO JF_IVF� 11,
BETWEEN
.NIONROE COUNTY
AND
THE CITY OF KEY WEST
FOR JOINT PARTICIPATION IN
GRANT AGREEMENT NO. ARS010 (17522)
'H IE AGREEMENT as entered into on the 15th day of December, 2010, as amended by
AmenditientNo. I on December 15, 2010 andAmendmentNo. 2on May 16,2012 by and between the
NIONROE COUNTY BOARD OF COMMISSIONERS, a political subdivision of the Stale of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as the
"COUNTY") and the CITY OF KEY WEST, whose address is 525 Angela Street, Key West, Florida
-3 040, (hereinafter referred to as '"CITY") is hereby amended.
WITNESSETH
WHEREAS, the parties desire to modify this Interlocal Agreement to account for minor procedural changes; and
WtJEREAS, the parties desire to extend the Agreement by ninety f90) days to allow time far submission of reports
NOON' THEREFORE in consideration of the mutual understandings and agreements set forth herein, the
COUNTY and CITY agree as follows:
This Amendment No. 3 shall be retroactive to June 30, 2012,
Paragraph 3 is hereby deleted in its entirety and re laced with the following:
TERi%,I--The term of this Agreement begins on the date of execution by both parties and ends no later than
Sopternber 30, 2012, unless earlier terminated or extended under the provisions of the Grant Agreement. The CITY
ackiwovie0ges the COUNTY's Grant Agreement ARS010, as revised trader Amendment No. 2, ends Jurle -0, 2011
4� I
,A11 work by the CITY under the Agreement shall be completed by September 30, 2012. All invoices and reports
--hall be submitted by September 30, 2011
Paragraph 6 is hereby deleted in its entirety and 1�Zplacedwith the f'ol to I - wing:
FUNDS —CITY acknowledges and agrees that funding
z:1 . for its tasks under the Grant Agreement will be provided by
the COUNTYon a reirribursernent basis. CITY acknowledges and agrees that expended funds will be TeirnbUrsed as
approved by the COUNTY and related to each individual request for reimbursement submitted to the COU'NTY by
the CITY. All funds shall be distributed and expended in accordance with the Grant Agreement. CITY agrees that
it shall not receive advances of any type from the COUNTY. All reimbursements to CITY are dependent on
approval ot'sPecific reimbursement requests submitted from the CITY to the COUNTY.
Paragraph 713 is hereby deleted in its entirety.
3. Paragraph 7D is hereby deleted in its entirety and replaced with the following
COUNFY,4uill submit all Payment or Reimbursement Requests received froan the CITY to the COPAM IS SION,
after the COUNTY has reimbursed the CITY. Upon disapproval of any part ofthe Pavinera or Reirnburscment
w
Request by the COMMISSION ofthe CITY*s payment doc it tile mat ion, the CITY shall reimburse the C0U'NTY for
any and ail funds which may be withheld by the C,ONEMISSION,
Para-raph SB is hereby deleted in its entirety and replaced with the following:
the CITY's Final Report, due September 30. 2012 to the COUNTY. will provide a final narrative detailing and
evaluating the accomplishments and impact of the project. The Final Report will include an evaluation of the energy
savina,s directly attributable to the project, projections of estimated energy savings expected to accrue from the
project and policy recommendations, which may be helpful in implementing other projects of a similar nature,
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto,
shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be duly executed the day and year
last written below.
BOARD OF COUNTY MMMISSIONERS CITY CIE KEY WEST
OF A� ION ROE COUNTY, FLORIDA
r
v- Y BBy
,"layor Mavor Crahi-Cates
Date; Date:
ATTEST: DANNY L. KOLMAGE, Clerk ATTEST: ,it 1A,
(Seal) H V
S
A,
By:
BV
Deputy Clerk
N4oriroe County Attorney
Approved as to form -
Assistant County Attomey
Date:
9M
Approved as to Form and Legal Sufficiency ForThe Use
-
And Reliance OfTh(-0irV-oFKey West, Florida Only:
V-7
=ty At�tomey. Shawn Smith
Date:
9
[Pao
ORIGINAL AMENDMENT NO. 3 THAT
WAS APPROVED BY BOCC 10/17, 2012
AMENDMENT NO. 3
T jt"Al
MONROE COUNTY
AND
THE CITY OF KEY WEST
FOR JOINT PARTICIPATION IN
GRANT AGREEMENT NO. Al2S0U10jL0jLS.2L
TH E, AGREE ENT as entered into on the 15th day of December, 2010, as amended by Amendment No.
I on December 15, 2010 and Amendment No. 2 on May 16, 2012 by and between the MONROE COLINTY
BOARD OF COMMISSIONERS, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040 (hereinafter referred to as the "COUNTY") and the CITY OF KEY
WEST, whose address is 525 Angela Street, Key West, Florida 33040, (hereinafter referred to as "CITY") is
herebv amended.
WITNESSETH
WHEREAS, the parties desire to modify this Interlocal Agreement to account for minor procedural changes: and
WHEREAS, the parties desire to extend the Agreement by ninety (90) days to allow time for submission of reports and
invoices,
NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the
COIL NTY and CITY agree as follows:
This Amendment No. 3 shall be retroactive to June 30, 2011
2. Paragraph 3 of the AGREEMENT, as amended in AMENDMENTS NO, I and 2. is hereby deleted in its entirety
and Mplat eci with the following:
TERM - The terra of this Agreement begins on the date of execution by both parties and ends no later than September 30,
2012, unless earlier terminated or extended under the provisions of the Grant Agreement. The CITY acknowledges the
COUNTY's Grant Agreement ARS010, as revised under Amendment No. 2, ends June 30, 2012. All work by the CITY
tinder the Agreement shall be completed by September 3 )0, 2012. All invoices and reports shall be submitted by September
30, 2011
3. Paragraph 6 of the AGREEMENT, as amended in AMENDMENT No. 1, is hereby deleted in its entirety and
replaced with the following:
FUNDS -- CITY acknowledges and agrees that funding for its tasks under the Grant Agreement will be provided by the
COUNTY on a reimbursement basis. CITY acknowledges and agrees that expended funds will be reimbursed as approved by
the COUNTY and related to each individual request for reimbursement submitted to the COUNTY by the CITY. All funds
shall be distributed and expended in accordance with the Grant Agreement. CITY agrees that it shall not receive advances of
any type from the COUNTY. All reimbursements to CITY are dependent on approval of specific reimbursement requests
submitted from the CITY to the COUNTY.
4. Paragraph 713 of the AGREEMENT, as amended in AMENDMENT NO. 1, is hereby deleted in its entirety a
follows:
-omphaffee with Section 9-0�afl4
Agpee n-e-11
taedto GIT-Y--ffief to being appr-oyedhytbe-c-��.
'i
Paragraph 7D of the AGREEMENT, as amended in AMENDMENT NO. 1, is hereby deleted in its entirety and
replaced with the following
COUNTY shall submit all Payment or Reimbursement Requests received from the CITY to the COMMISSION, after the
COUNTY has reimbursed the CITY. Upon disapproval of any part of the Payment or Reimbursement Request by the
COMMISSION of the CITY's payment documentation, the CITY shall reimburse the COUNTY for any and all funds which
may be withheld by the COMMISSION.
45. Paragraph 8B of the AGREEMENT, as amended by AMENDMENTS No. I and 2, is hereby deleted in its entirety
and re ac.�d following:
with the follow pJa Z:'
The CITY's Final Report, due September 30, 2012 to the COUNTY, will provide a final narrative detailing and evaluating
the accomplishments and impact of the project. The Final Report will include an evaluation of the energy savings directly
attributable to the project, projections of estimated energy savings expected to accrue from the project and policy
recommendations, which may be helpful in implementing other projects of a similar nature.
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain
in full force and effect.
J
BOARD OF COUNTY COMMISSIONERS CITY OF KEY WEST
OF MONROE COUNTY, FLORIDA
By:
Em
IN
Date--- Date:
ATTEST: DANNY L. KOLHAGE, Clerk
(Seat)
By:
Monroe County Attorney
Approved as to form:
Assistant County Attorney
Date:
am
(Seal)
By:
City Clerk
Date:
Approved as to Form and Legal Sufficiency For The Use
And Reliance Of The City of Key West, Florida Only:
N
'I OTHU" INTERLOCAL AGRFF'MF�N'11'
BETWEEN
NIONROECOUNNTY
AND
THE CITY OF'KEYWEST
FOR JOINT PARTICIPATION IN
GRAN AGREE -ME NT NO, ARS0110 (17522t
I I II ;%GRl I 1\41-N Fas entered into on the 15th 6y ol'Dccembev, 2(11 (L a, amendcd oll
Dc4cmbei 15,21010 by and between the N110,NROE, COUNTYBOARD OFONIMISSIONFIRS—i
politie::]! subdivision of, tile State of Florida. whose address is I 100 Simonton Street. KeOVest, Florida
I ' 040 (jict-e* nafter referred to as the "COUNTY") and the CITY OF KF Y NVEST, whose address is 525
AnLela SirQcl. Key lVest. Florida 3')040 . (hercinafter I-efCITcd it) as "CI` N—) is herehly amendett
U3119111=1011111
WHERFIAS, the parties desires to modify this Interlocal Aereement to provide lot, a no -cost rinic
extension under terms set forth by the Grant A greement ARSO 10.
WI 111?RFAI,the State has provided for a u()-cost blare extension to the.. COUNTY under ARSO 10
under Amendment No. 2;
NOW THEREFORE, III consideration oftlic mutual understandings and agreements set forth herein, the
COUNTY and CITY atqee as follows:
Paravraph 3 is hereby deleted III its entirety and re laced with the following:
IT KM - The term of1his Agreement begiiis oil the date ofexecution by both parties and ends no latex-
than 3 Uric 30, 2012, unless earlier terminated or extended under the provisions of the Grant Agreement,
The C I FY acknowledges the Grant Agreement ARSO 10 as amended ends June ' )(), 2012, All work by the
CITYunder tile ALqeement shall be completed by May 15, 20 12, All ijIV0iCCS S11,111 be SUbIllittCd by May
10, 2012,
Paragraph Sli is hereby deleted ul its entirely and rgilaced with the t63lowit"':
I -lie C ITY's Final Report. due May 30. 10 12 to the COUNNT)%'will providc ,I final narrative detailing and
ex aluating the accomplishineuts and impact of the prqjea Tile Final Report will include all evaluation of
the enorn,savin-s directly attributable to the project, projections of estimated encruy sa-vings expected to
accnic front tile Proied and policy recommendations. which may be helpful III I till-)] emen ting other
plojeCts Ot"'I similar 11alUIV. Pursuant to Para-eraph 713 of this Agreement, lWo ofthe total 'erecjnent
amouni x�ill Ise withlicld until receipt and approval oftlic Final Report by tile COMMISSION.
In all other respects, the Agreement of which this is an Amendment. and auaelllnclusrelativ c thereto.
shall I.C111:11,11 III full force and effect.
IN \%TYN I -SS WHERIJA-, the Partics ha4cc.iwcd1 thisAmel)(hIMIt 10 Ile (IUI'. CXCcUtCd 111C dtV aflld WW'
Iasi \�nllcn bch)xv,
'1' XNT'ST (TINOFIKI
OF MON ROVI COVVI'l . 11,11, IORJ DA
Dc ------------ - - ----
David Riec, Mayo x1(vol
Date: Date:-
ATIT"ST: DANNY 1- K01.11AGE, Clerk ATI
4j-
By:
Depffl�Clerk
Dale: Dat(
Monroe County Attomey
Approved as to form:
Assistant County Attornev
Date:
Approved as to Fonn and Legal Sufficiency For The Use
And Reliance Cif The City of Key West, Florida Only:
�lim�jl -Smith City Atlopiev,-,
Date:
�A 0
rR M
VV CASSEL,
-A+JN7'Y ATTORNEY
AMENDMENT NO. I
TO THE INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY
THE CITY OF KEY WIEST, FOR JOINT PARTICIPATION IN AND
GRANT AGREEMENT NO. ARS010
THE AGREEMENT as entered into on the 15th day of December, 20 10, by and between the
MONROE COUNTY BOARD OF OCOMMISSIONERS, a Political subd•
ivision
whose ad V I I ak
' EM
Paragraph 3 is hereby deleted in its entirety and Leplaced with the following:
TERM - The term Of this Agreement begins on the date of pexecution by both parties and ends no later
than Aril 30, 2012, unless earlier terminated or "tended under the provisions of the Grant Agreement.
Ile CITY acknowledges the Grant A n M
under the Agreement shall be comple greement d bARSO 10 e ds I arch 31, 2012. All work by the CITY
15, 2011 rey February 28, 2012. All invoices shall be submitted by March
2. Paragraph 6 is hereby deleted in its entirety and LepLaced with the following:
FUNDS - CITY acknowledges and agrees that funding for its tasks under the Grant Agreewill be
Provided by the COUNTY on a reimbursement mentbasis as first approved by the COMMISSION; and that
COUNTY is -not financially responsible to CITY for funds expended by C17Y which are not approved by
COMMISSION. CITY acknowledges and agrees that e
the CQMMISS1
W a
3. Paragraph 713 is hereby deleted in its entirety and re laced with the following:
CITY agrees and acknowledges that Pursuant to the Grant Agreement at Paragraph 4.C., ten percent
(10%) of each approved reimbursement request shall be retained by the COMMISSION pending the
compliance with Section 8 of the Grant Agreement, and that In prior to being approved by the COMMISSION, this amount will not be distributed to CITY
4, Paragraph 71) is hereby deleted in its entirety and re jaced with the following:
COUNTY shall Promptly submit all Payment or Reimbursement Requests received from the CITY to the
COMMISSION. Upon approval of the Payment or Reimbursement Request by the COMMISSION, the
COU'N-N shall distribute the funds to the CITY for items related to the individual reimbursement request
bemig paid by the COUNTY.
M
total Agreement amount will be withheld until receipt and approval of the Final Report by the
COMMISSION.
"li ej 6iiij ts —fl, i A ti Wf�
T1'NT?TiV,'SS WHEREOF, thw-
last written below. y an,
M WJKSLQ�a
By: each Mayor
Date:— " I
ATTEST: DANNY L. KOLHAGE, Clerk
(Seal)
By- Q
Deputy Clerk
Approved as to form:
By:
Mayer
Date:
IM
♦
MONROE COUNTY ATTORNEY
APPROVED AS TO FO
2
�Z)
NATILENr_-' W. W EL
ASSISTANT COUNTY ATTORNEY
IN'I'ERI,OCAI, ,l(-IREEiNit,',NI'BE'I'WEFN �MONROE C'OUNTYAM)
"THE CITY0V KEY WLST FOR JOINTPARTICIPATION IN
GRANT AGREEMENT # ARS010
FIIIIS INFFERLOCAL AGREE,AENT iirnadc and entered into this )5"*)`_day of, * iA v�
--tr >. e , - —
2�010, by and betvvccn the YIONROE COUNTY BOARD OF COMMISSIONERS,a political subdivisnal
art the State of Florida, whose address is I lot) Simonton Street, Key West, FL 33040 ("COUNTY-) and
the (._ITY(.)F KFY WES 17, whose address is {`CITY"}.
WITNESSETH
WFIERFAS, the STATE, OF FLORIDA, EXECUTIVE OHICE OF THE GOVER-NOR,
FL(_)RIDA ENERGY C01MMISS ION ("C(PkIlMISSION") has entered into a Grant Agreement NO,
ARSO I0 ("Orarn Agreement"} with the COUTNTY to provide financial assistance for the Energy
F(Ilciency and Conservation Project in which the COt NITY is the named grantee on the Grant
Ag
reetnent, and
WHEREAS, the United States Department of Energy (USDOE) awarded funding to tile
('0iM-IISSION pursuant to USDOE through American Recovery and ReinvestirientAct (AARA) Grant
-A gree:rnern No• 13E -13000024 1, and
WHFREAS, the COUNTY and the CITY developed a mutual project, which would include
mutual participation with various entities to assist both the incorporated and unincorporated areas of the
Floridzt Keys to improve energy conservation for the citizens of Monroe County, and
A� W I IEREAS, the CITY has agreed to participate along with the COUNTY under the Grant
,_,reeln:nt #ARS010, and the CITY has developed certain project tasks for the benefit of its citizens. The
Cff;IaTeeS to participate, contribute its resource,,, pursuant to the requirements of the Grant Agreement
in Order to secure funding for the project tasks defined by the CITY,
WHEREAS, The sate purpose of this Interlocal Agreement is to define the contributions of the
parties tinder tile Grant Agreement, and
WHEREAS, 'ITYacknowledges that COUNTY will serve as the grantee recipient tinder the
6,-antAgrcernent, and
WHEREAS, CITY hereby agrees to abide by the requirements of the Grant Agreement entered
into between the. COMMISSION and the COUNTY. and
WHEREAS, this Interlocal Agreement is entered into pursuant to the authority provided in
Florida Statute Its3A) 1. known as the Florida Interlocal Cooperation Act of 1969, and
�N'CIWT"EREFORE, in consideration of the mutual understandings and agreements set Ford,
herein, tile COUNTY and CITY agree as follows:
IN( OR PORATION BY REFERENCE -'The provisions of that certain doclullent entitled
"FLORIDA ENERGY AND CI-POATE COMMISSION GRANT AGREEMENTNO.
ARS010" Agreement) and its attachments is Incorporated by reference as
I""'Xinbit A to this Interlocal A"reentelit and made a part hcrcofas If fully set Borth orth in the
body of the Interlocal Agreement and all laws, rules and regulations relating thereto Eire
rlso Incorporated by reference,
PROJECT TASKS — CITY has developed certain project tasks to be funded by the Grant
Agreement, and CITY and COUNTY agree that they are to be bound by the Grant
.Aarecincrit. and CITY is responsible to Provide COUNTY all the documentation
andircporting relative to tile CITY'S project tasks which are required under the Grant
Agreement.
TFRNI - The term of this Agreement begins on the date Of execution by both parties and
ends no later than April 30, 20 12, the date the Grant Agreement ends unless earlier
terminated or extended under the provisions of the Grant Agreement.
4DOCI-I'MENT REVIEW AND COMPLIANCE — CITY agrees to comply with the Grant
Agreement and its attachments in its entirety, references in this agreement to specific
paragraphs Of the Grant Agreement are for convenience only. For purposes of the
agreement between COUNTY and CITY any obligations called for under the Grant
Agreement to be performed by the grantee related to CITY project tasks will also apply
as if fully set out between the CITY and COUNTY.
5� RESPONSIBILITY OF CITY - CITY agrees to perform those project tasks attributable
to CITY in tile Grant Agreement and to provide the matching funds either in -kind or
Financial as provided in the Grant Agreement; and to provide to the COUNTY all the
required reports, attachments fully completed, hivoiees or other documentation required
by COMMISSION in order for CITY to be approved for reirribursernent related to a
project task.
6, FUNDS — CIT Y acknowledges and agrees that funding for its tasks tinder the Grant
Agreement will be provided from the COMMISSION through the COUNTY on a
reimbursement rather than an tip -front basis; and that COUNTY is not financially
responsible to CITY for funds expended by CITY which are not approved by
COON -MISSION. CITY also acknowledges and agrees that expended funds will be
reimbursed as approved by the COMMISSION and related to each individual request for
reimbursement submitted to the COUNTY by the CITY. All funds shall be distributed
and expended in accordance with the Grant Agreement, CITY agrees that it shall not
receive advances of any type from the COUNTY, All reimbursements to CITY are
dependent on approval of speci fie reimbursement requests submitted from the CITY as
paid by the COMMISS1W
R FINI BURSENJENT, All reitribui-sement requests from CITY shall be.submitted to
COUNTY. not directly to the COMMISSION,
(a) Reimbursement requests shall be submitted to COUNTY and properly documented
by CITY as required in the Giant Agreement. All reimbursement requests tinder this
Interlocal Agreement and the Grant Agreement shall be submitted using the.
Attachment 9 of the Grant Agrectlient, Payment Request Surnmary FoiTn, format in
Z:l
derail -sufficient for a proper pre -audit and post -audit thereof CITY shall submit to
COL� NIFY it pr()perly completed Attachnient B, Pavineut Rcques( Stortanary Foroll.
WWI Supporting documentation of allowable costs, including tile final reno
I bursernetit
request, as described in paragraph 4.D. of the Grant Agreement,
(b) CITY agrees and acknowledges that pursuant to the Grant Agreement at paragraph
TC- ten percent (10%0 of each approved renribursernern request shall be retained by
the CO%NIMISSION pending the compliance with Section 8 of the Grant ,Agreement,
and that this airrount will not be distributed to CITY prior to being received by
COUNTY.
(c) If a Request for Reimbursement from CITY does not comply with the Grant
A g greement requirements tinder the Grant Agreement the COUNTY will confer with
CITY to identify what the COXIMISSION requires in order for the CITY to be able
to comply and receive reimbursement. It is the responsibility of the CITY tct provide
the necessary documentation or other requirements,
(d) Upon distribution of funds from the COMMISSION to the COUNm'Y', the COUNTY
shall distribute the reimbursement received from the COMMISSION to the CITY for
iterns related to the individual reimbursement request being paid by the
COMMISSION.
(e) All reimbursements tinder the Grant Agreement shall be in compliance with the laws,
rules, and regulations applicable to the expenditure of State and Federal funds, The
State of Florida guidelines for allowable costs include, but not limited, to the Florida
Department of Financial Services' Reference Guide for State Expenditures located at
Federal program guidelines for allowable costs and
related topics are listed in Attachment E of the Grant Agreement, Federal Regulations
and Attachment F of the Grant Agreement, Federal Funding Grantee, Sub -grantee
and Contractor Provisions, The CITY shall provide to COUNTY a detailed listing of
expenditures made tinder the Grant Agreement as support for the Payment Request
Summary Form. The listing shall include, at a ritinitrium, a description of the goods
or services purchased, date of the transaction, check or voucher number, atuourot paid
and vendor name.
(f) In addition, to the requirements contained in paragraphs 4.C, & D of the Grant
Agreement, the COMMISSION may periodically request additional proof of a
transaction to evaluate the appropriateness of costs to the Grant Agreement pursuant
to State of Florida guidelines. When requested by the COMMISSION related to it
transaction performed by the CITY, the CITY shall provide the required inforination
to CO(JNTY within 20 calendar days ot'such request, so that COUNTY can comply
with the Grant Agreement arid provide this information to the COMI'VIISSION -within
30 calendar days of receipt of such request pursuant to paragraph 4.E. of the Grant
Agreement.
REPORTING —The Grant Agreernerit requires various reports. including but not limited
to Monthly Progress Reports, Annual Reports, and Final Reports, CITY ;hall complete
reports, Provide docutuents or as nmuested by COUNTY in I tic manner
described in the Grant Agreement for the project tasks tinder it's control and for it`:,
benefit. CITY recognizes that failure to comply with the reporting jeopardizes funding
for the entire grant for CITY, COUNTY and for other cities. CITY agrees to complete
Monthly Reports in a timely manner and to provide the reports, documents or inforination
documents or information to COUNTY at least 48 hours before the Monthly report is
due tram the COUNTY to the COMMISSION, at least 5 calendar days before the Annual
documents or information report is due from the COUNTY to the Co,'011VIISSION, and at
least 5 calendar days before the Final Report is due from the COUNTY to the
COMMISSION,
COMPLIANCE NIONFFORING - CITY agrees to cooperate with the COUNTY ,aid to
participate in any compliance i-rionitoring which may be required pursuant to the Grant
Agreement, including but not I irnited to the requirements of paragraph 10 of the Grant
Agreement, CITY farther agrees to provide to the COUNTY the documentation required
by the CONINIISSION related to CITY'S project tasks due to compliance monitoring
TERMINATION - if the Co,%4.m,]SSION terminates the Grant Agreement this Interlocal
Agreement will autornatically be terminated; termination by COMMISSION is -set out to
the Orant y
Ag cm eent, including but not limited to, paragraphs I OC, 11, 12, 13, 14, and
C"
15. Termination rnay also occur by mutual agreement of the parties,
NOTICES - Whenever either party, desires to give notice unto the other, it must be given
by written notice, sent by registered United States mail, with return receipt requested, and
scat to:
FOR COUNTY FOR CITY
County Administrator City Manager
1100 Simonton Street Jim _ar 0
. �01
Key West, Florida 33040 Key West, Florida 3' ) 040
AND
Monroe County Grants Administrator
1100 Simonton Street
Key West. FL 33040
Either of the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
12, UNAVAILABILITY OF FUNDS - If the COUNTY learns that Funding cannot be
obtained tinder the Grant Agreement or cannot be continued at a level Sufficient to allow
for the services specified herein, this Interlocal Agreement may then be tenninated
immediately, at the option of the COUNTY, by written notice of termination delivered in
person or by mail to the CITY at its address specified above. The parties acknow1od4ge
that the COUNTY has no handing without the funding by the CONINlISSION and agree; -
111,1t the (J)t,)iVi Y has no liability for funds expended by the CITY that were riot covered
ror any reason by the COM` Mf SSION.
11 PERFORMANCE AND OBLIGATION —The COUNTYS performance and obligation
to pay Under this Interlocal Agreement is contingent upon an annual appropriation by the
Board of County Commissioners and UPol, the CONIMISSION 'S perforanalacc and
obligation to pay tinder the Grant Agreement which'
Is contingent upon annual
appropriation by the Legislature of the State of Horida and the availability of federal
C
funding t6r the specific purpose ref funding tile COMMISSION'S obligation, and r t he
Grant Agreement. In the event of a State revenue shortfall, withdrawal of State budget
authorization and/or rescission of federal funding, the total funding will be reduced
accordingly, Tile COMMISSION, in accordance with direction from tire Governor and,,'or
the Florida Legislature, shall be the final determiner of the availability of any funds.
14. COMPLIANCE WITH LAWS AND REGULATIONS - In Providing all services
Pursuant to this Interlocal Agreement, the CITY shall abide by all statutes, ordinances,
rules. and regulations pertaining to, or regulatim" j the provision of, such services,
including those now in effect and hereafter adopted. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this agreement,
MAINTENANCE OF BOOKS AND RECORDS - CITY agrees to inaintain books,
records, anddocuments directly pertinent to performance tinder the Grant Agreement and
this I mert ocal Agreement in the same manner as set out in paragraph 17 of the Grant
Agreement, CITY agrees to provide the books, records and documents to the Cou-,NTY
in older for the COUNTY to comply with the Grant Agreement,
SUBCONTRACTING - I Parties may hire contractors to achieve the individual project
tasks applicable to their 111risdiction under the Grant Agreement. CITY agrees to comply
with, and to include in subcontracts, all the applicable federal, state, and local health and
safety rules and regulations required in the Grant Agreement or this Interlocal
Agreement,
IT FLORIDA STATUTE SECTION 768.28 — Each party agrees that it shall be solely
responsible for the negligent or wrongful acts of its employees and agents. However, nothing
contained herein shall constitute a waiver by either party of its sovereign immunity or the
provisions of Section 768.28, Florida Statutes.
18, DISPUTES - COUNTY and CITY agree that they will seek to resolve any disputes
between them regarding their responsibilities as soon as possible and at tile lowest level
reasonable, in order to conserve the resources of the parties. The parties further agree to
use their best efforts to assure speedy and non -confrontational resolution of any and all
disputes between them. Ia the event any cause of action or administrative proceeding is
initiated or defended by any party relative ative to the enforcement or interpretation of this
Interlocal Agreement, the prevailing party shall be entitled to reasonable attorney's fees
and court costs, as an award against tile non -prevailing party, and shall include attornev',.,
fees and courts costs in appellate proceedings, as at) award against the non -prevailing
Party, Mediation proceedings initiated and conducted ptIrStlant to this InTerh,)cal
Agreement ,hall be in accordance with the Florida RUICS Of Civil Procedure and UstAill
and customary Procedures required by thecircuitCOLH-tot'Monroe County,
19. AMENDMENT AND ASSIGN,'vIENT - No agent, employee, Or other representative of
either party is empowered to modity or amend the terms of this Interlocal Agrecalcra,
unless executed with the same formality as this document with approval of the
COIMMISSION` This interic.)cal Agreement or duties tinder the Grant Agreement shall
not be assignable by either party unless Such assignment is first approved by the
CONI,MISSION.
0 1, - SEVERABILITY - If ally term, covenant, condition or provision of this Interlocal
Agreement (or the application thereof to any circumstance Or Person) shall be declared
invalid or Unenforceable to ,toy extent by a Court Of COulpetent jurisdiction, the remaining
ing
rid
terms, covenants, conditions aprovisions of this Agreement, shall not be affected
thereby, and each remaining term, covenant, condition and provision of this agreentent
shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and Provisions Of this
Agreement Would prevent the accomplishment of the original intent of this Agreement -
COUNTY and CITY agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken
provision,
IL INDEPENDENT CONTRA CTORS, WORKERS COMPENSATION —
(a) CITY and its employees, volunteers, agents, vendors and subcontractors shall be and
remain independent contractors and not agents or employees of the COUNTY Or tire
COMMISSION with respect to all of the acts and services performed by and under the
terms of this agreement. COUNTY and its ellaillovees, volunteers, agents, vendors and
subcontractors shall be and remain independent contractors and not agents or employees
of tile CITY or tile COMMISSION with respect to all of the acts and service,,; performed
by and tinder the terms of this Intcriocal Agreement,
(b) CITY will be self -insured against or will secure and maintain during the life of this
agreement,
greenient, Workers Compensation for all of its employees connected with the work Of
this agreement. CITY shall require their subcontractors similarly to provide Workers
Compensation Insurance for all of the latter's employees unless such crnployces are
covered by the protection afforded by the CITY. Such coverage shall comply fully with
Florida's Worker's Compensation Law, This Agreement shall not in any Way be
construed to create a partnership, association or my other kind of
enterprise or venture between the parties, I Joint undertaking,
WAIVER OF PROVISIONS - The failure of either party to this Interlocal Agrmillent to
Obicct to or to take affirmative action will) respect to ally conduct of the other which is 'n
violation Ofthe terms Ofthis agrecinent.4rall not be construed as a waiver oviolation
viola it
or breach, or of ally future violation, breach or wrongful conduct, n
1XIN
PROCESS FOR APPROVAL - This Interlocal Agreement shall be approvcd by ]he
CITY initially
y and after approval by the CITY shall be presented to the Board of Coulltv
Commissioners (or approval of the COUNTY, The Interlocal Agreement may be
C,
executed in several COUnterparts, each of which shall be deemed an original and inch
counterparts shall constitute one and the sarric instrutmin.
14. AUT11ORITY - Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authori7.ed by all necessary
.-OVCtninental action, as required by law.
ENTIRE AGREEMENT -
(a) ft is understood and agreed that the entire agreement of the parties is contained herein
and that this Interlocal Agreement supersedes all oral agreements and negotiations
between the parties relating to the subiect matter hereof as well as any previous
agreements presently in effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this Interlocat
Agreement shall be valid only when expressed in writing and duly signed by the parties.
WITNESS WIILREOF, the parties to this Interlocal Agreement have caused their names to be
by the Proper officers thereof` for the purpose,; herein expressed at i'vionroe Cr aunty, Florida,
year first written above,
Y L. KOLHAGE, Clerk
am
X
3t7aC r 1 t West
Print Name
Date
C11 ly FY"
Title: vlayor
Date:®
4
A
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AUTMORIZING THE
ATTACHED INTERLOCAL AGREEMENT BETWEEN THE
CITY Or KEY WEST AND MONROE COUNTY FOR ENERGY
EFFICIENCY & CONSERVATION BLOCK GRANT =CBO),
FLORIDA ENERGY COMMISSION OF THE STATE OF
FLORIDA GRANT AGREEMENT MO. ARS010,- PROVIDING
FOR AN EFFECTIVE DATE
WeEREAS, in Resolution No. 09-268 the City Colyn4
1- fission adopted
a C"I.-I'r7nate Action Plan and directed the City Manager to apply for
grants to fund the plan; and
'VIHEREAS, the City of Key West, in partnership with the Board
of -Cormmissioners, of Monroe County, City of Marathon and Islamorada,
City of islands obtained an EECBG grant under the Florida Energy
and Climate Commission Grant Agreement No. ARS010, pursuant to the
American Recovery and Reinvestment Act in order to implement a
comprehensive energy savings project which includes several cross-
juriSdictional and individual community energy savings activities;
and
vJHEREAS, it is necessary for parties under the Grant
Agreement: to enter into an interlocal. agreementt, to define the
contributions of each party under the Grant Agreement;
'ilHEREAS, with funding through the EECBG grant and in -kind
assistance from the City and Keys Energy Services, -,-,",e City of Key
�°,'est- is to retrofit light-ing in S4X public parks with energy
e f f �� C i,:nn t: -1 i ul-} t fixtures .
Page 1 of 2
NOW, THEREFORE, BE IT RESOLIJED BY THE CITY coi-iimissim ov THE
CITY OF KEY WEST, FLORIDA, AS FOLLOWS:
Section 1: That the attached Interlocal Agreement betty-een
"lonrce County and the City 04L Key W-r
West regarding State of Flo.ida,
I -
Florida Energy Commission Grant Agreement No. ARS010 is approved.
S'ection 2: That this Resolution shall go into effect
immediately upon its passage and adoption -Lon and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this 11.4 day of October 2010.
Authenticated by the presiding officer and Clerk of the
Commission on October 20 1 2010.
Filed with the Clerk October 20 2010.
ATTIW-T -
(CHERYL SMIT , CITY CLERK
VA
I M I it" JF!
Page .1 of 2
CR,VNT AGREEM EN'r NO, ARS01 0
STATE OF FLORIDA
(;k-XNT ASSISTA.NCE
PURSUANT TO
AMERIC,VN RECOVERYAND REINVESTINQ4
I if IS AGREEMENT is entered into between the STATE OF FLORIDA. EXECUTIVE OFFICE OF THE
GOVERNOR (EOG), FLORIDA ENERGY AND CLIMATE COMMISSION whose address is 600 South Calhoun
trcct, Suite 251, Tallahassee, Florida 321399-0001 (hereinafter referred to as the "Commission") and the MONROE
- 'OL7NTY BOARD OF COUNTY COMMISSIONERS, whose address is 1100 Simonton Street, Key West, IT,
33040-3110 (hereinafter referred to as "Grantee" or "Recipient"), a local government
t , or the Keys Energy Conservation Initiative, , to provide financial assistance
[it consideration of the promises and mutual agreements contained herein, the Commission and the Grantee
acknowledge and agree as follows:
I Flit United States Department of Energy (USDOE) awarded funding to the Commission pursuant to
USDOE through American Recovery and Reinvestment Act (ARRA) Grant Agreement No. DE-
FE0000-141 . The Grantee shall be a sub -grantee of federal financial assistance from USDOE, The Grantee
is responsible for complying with the appropriate state and federal guidelines in the performance of its
activities pursuant to this Agreement,
The Grantee agrees perform in accordance with the terms and conditions set forth in this Agreement, its
attachments and exhibits named and incorporated by reference. For purposes of this Agreement the terms
"Grantee" and "Recipient" are used interchangeably,
3. This Agreement shall begin upon execution by both parties and end no later than March 31. 2012, inclusive.
If allowed by USDOE. this Agreement shall be effective upon execution for purposes of reimbursement of
allowable costs resulting from obligations incurred and meeting the cost share or match requirements as
described in Attachment A, Grant Work Plan. Profit to the Grantee, or any of its subgrantees, is prohibited
by 10 Code of Federal Regulations (CFR) Part 600. This Agreement may be amended to revise Attachment
A, Grant Work Plan, if additional funding is made available by the USDOE andi'or the Florida Legislature,
4. A. The Grantee shall be eligible far reimbursement of allowable costs resulting from obligations
incurred during the term of this Agreement. The Commission shall reimburse the Grantee for
allowable costs on a not more frequently than monthly cost reimbursement basis in an amount not
to exceed $2,687,288 after receipt and approval by the Commission's Grant Manager of
satisfactory atisfactory reports and documentation as required' in this Agreement. The parties agree that the
Grantee is responsible for providing a minimum match of $602,8946 toward the project described in
Attachment A, Grant Work Plan. All cost sharing or match shall meet any applicable federal
requircmems.
B. briar written approval from the Commission's Grant Nfanagershall be required for changes
between approved, funded budget categories up to 10% of the total, approved Grant funds.
.Approval of such changes will be contingent upon submission of a revised Project Budget. Budget
category changes greater than 10%, the addition of previously unapproved or unfunded budget
categories es or the addition of previously unapproved or unfunded budget line -items, will require a
formal written amendment to the Agreement, The Commission agrees to review a request by the
Grantee to modify Attachment A, Grant Work Plan, should the Grantee find, after receipt of-
1:0111iietitive bids, that the project described in Attachment A, Grant Work Plan, cannot be
accomplished for the current estimated project cost. If the Commission agrees to a modification of
Attachment A. Grant Work Plan, it may be modified not to exceed the awarded funding identified
above, Any such modification would be by formal written amendment, in accordance with Secti()rl
(,raw kervenoot No. vksolti. plize I q 65
FLORIDA ENERGY iVNI) CLIMATE COMMISSION
GRANT AGREE MENTNO. ARS010
371. Nothing in this Section or Agreement is intended not implies to guarantee approval of a
request to modify or adjust Attachment A, Grant Work Plan, or the available project funding,
C All reimbursement requests under this Agreement shall be submitted using the Attachment B,
Payment Request Summary form, format in detail sufficient for a proper pre -audit and post -audit
thereof: the Grantee shall submit a properly completed Attachment B. Payment Request Summary
Form, with supporting documentation of allowable cost-, including for the final reimbursement
request, as described below in paragraph 4,D, Ten percent of each approved reimbursement
request shall be retained by the Cormoission pending Grantee's compliance with Section 8.
D. All reimbursements under this Agreement shall be in compliance with the laws, rules and
regulations applicable to the expenditure of State and federal funds, The State of Florida guidelines
for allowable costs include, but are not limited, to the Florida Department of Financial Services'
Reference Guide for State Expenditures located at In ://vvww,myf1orJdacfa.com. Federal program
guidelines for allowable costs and related topics are listed in Attachment E, Federal Regulations
and Attachment F, Federal Funding Grantee, Sub -grantee and Contractor Provisions. The Grantee
must provide a detailed listing of expenditures made under this Agreement as support for the
Payment Request Summary Form. The listing shall include, at a minimum, a description of the
goods or services purchased, date of the transaction, check or voucher number, amount paid and
vendor name. All requests for reimbursement of travel expenses shall be in accordance with the
travel requirements including mandated forms required by Section 11106 1, Florida Statutes,
E. In addition to the requirements contained in paragraphs 4.0 & 0 above, the Commission may
periodically request additional proof of a transaction to evaluate the appropriateness of costs to the
Agreement pursuant to State of Florida guidelines. When requested, this information must be
provided within 30 calendar days of such request.
The Commission's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature of the State of Florida and the availability of federal funding for the
specific purpose of funding the Commission's obligations under this Agreement. In the event of State
revenue shortfall, withdrawal of State budget authorization and/or rescission of federal funding, the total
funding may be reduced accordingly, The Commission, in accordance with direction from the Governor
and/or the Florida Legislature, shall be the final determiner of the availability of any hinds.
The Grantee shall submit, using Attachment C, Monthly Progress Report, monthly updates, to describe the
project progress, work performed, problems encountered, problem resolution, schedule updates and
proposed work for the next reporting period, Attachment B, Payment Request Summary Form may not be
submitted more frequently than on a monthly basis and must be accompanied by an Attachment C, Monthly
Progress Report, for the corresponding month. Attachment C, Monthly Progress Reports shall be submitted
to the Commission no later than three calendar days following the completion of the monthly reporting
period. The Commission's Grant Manager may request additional information if the Commission's Grant
:Manager determines itisnecessary. The Commission's Grant Manager shall have ten calendar days to
review deliverables and payment requests submitted by the Grantee,
The Grantee shall submit an Annual Report 15 calendar days after the end of the first year of the project, if
the term of the project exceeds one year. the Annual Report shall provide a narrative detailing and
evaluating the accomplishments and impact of the project in the prior twelve months. The Annual Report
shall follow the formar described in Attachment K, i1ortmal Report.
The Grantee shall also submit a Final Report 15 calendar days prior to the expiration date of the Agreement,
The Final Report will provide a final narrative detailing and evaluating the accomplishments and impact t)f
the project. The Final Report will include an evaluation of the energy savings directly attributable to the
project, projections of estimated energy savings expected to accrue from the project and policy
recommendations. -.vhich may be helpful in implementing other projects of asimilar nature, Pursuant to
(;f3 nt k9reement No. A RSO I 0, pa gie 2 of 41
FLORIDA ENERGY ND CLIMATE COMMISSION
GWILNTAGREEINIENT NO.ARS010
paragraph 4,C, 100") of the total Agreement amount identified tit paragraph 4,A will be withheld until
receipt and approval of the Final Report
Fach party agrees that it shall be solely responsible for the negligent or wrongful acts Of its employees and
'agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity Or the provisions of Section 768,28, Florida Statutes,
0. Al Commission staff will Perform compliance monitoring during the term Of the Agreement, in
addition to the review of 'NIonthly Progress Reports, but not less than once a year, to ensure
Agreement compliance. Monitoring shall include, but not be limited to, periodic review of
compliance with Agreement service delivery, as described in Attachment A. Grant Work Plan as
documented in Attachment C, Monthly Progress Reports and also which includes a review of all
Agreement requirements including the Attachments. 'The Commission reserves the right for any
Commission staff to make scheduled or unscheduled, announced or unannounced compliance
rucantoring visits at any site where services are delivered pursuant to this Agreement.
For each on -site compliance monitoring visit, COnunission staff will provide an oral exit interview
and a written monitoring report to the Grantee,
CIf issues Of non-compliance are identified in the Monitoring report, a written Corrective Action
Plan {CAP) may be required of the Grantee. If required, the CAP shall be submitted to the
Commission's Grant Manager within ten calendar days of receipt of the monitoring report. If a
CAP is required of the Grantee, failure to correct deficiencies after thirty calendar days from the
date -of -receipt of a written monitoring report notating the deficiencies may result in a
determination of breach of Agreement and termination of services. If a CAP is not required of the
Grantee, the Commission may proceed under Section I I andlor Section 14.
11, The Commission may terminate this Agreement at any time in the event of the failure of the Grantee to
fulfill any of its obligations under this Agreement. Prior to termination, the Commission shall provide 30
calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to
coniult with the Commission regarding the reason(s) for termination. If this Agreement is terminated, the
Commission shall Only pay for those acts satisfactorily completed under this Agreement prior to the date of
termination. The Commission shall not pay the Grantee for any work performed after such termination,
except as described in Section 141.
the Commission may terminate this Agreement for convenience by providing the Grantee with 30
calendar days written notice, If this Agreement is terminated, the Commission shall Only pay for those
acts satisfactorily completed under this Agreement prior to the date of termination. The Commission shall
not pay the Grantee for any work performed after such termination, except as described in Section 14,F.
13. This Agreement may be unilaterally terminated by the Commission for refusal by the Grantee ow
public access to all te 0,111
documents. papers, letters or other material made or received by the Grantee in
conjunction with this Agreement. unless the records are exempt from Section 24(a), i\Tticle I of the Florida
Constitution and Chapter 119, Florida Statutes, If this agreement isterminated, the Commission shall only
pay for those acts sa6ifiactonly completed under this Agreement prior to the date of termination. The
Commission shall not pay the Grantee for any work performed after such termination, except as described
in Section 14.17,
14,
If the Grantee materially huhi to comply with the terms and conditions of this Agreement, including any
Federal or State statutes, rules Or regulations. -applicable to this ,�greemcm, the Cornim ssion may take one
orrnore of the f011Ov.-ing actions, as appropriate tm the circumstances.
Tcmp(,)rarilv',vithhold cash payment,,; pending correction of the deficiency by the Grantee.
(_.rFi tit Ngroeijavnt No, VRSO I O, page 3 of 65
FLORIDA ENERGYtND CLIMATE COMNIISSION
GRANT AGREEMENT NOARS010
K Disallow (that is deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance,
C. Wholly or partly suspend or terminate this Agreement,
D. Withhold further awards for the project or program.
E. Take other remedies that may be legally available.
F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or
after termination of the Agreement are not allowable unless the Commission expressly authorizes
them in the notice of suspension or termination.
G. the remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Presidential Executive Orders 12549 and 12689,
15. A. In accordance with Presidential Executive Order 12549, Debarment and Suspension (10 CFR Part
606, later moved to 2 CFR Put 901), the Grantee shall agree and certify that neither it, nor its
principals, is presently debarred, suspended, proposed for debarment. declared ineligible, or
voluntarily excluded from Participation in this transaction by any Federal department or agency;
and. that the Grantee shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in this
covered transaction, unless authorized in writing by USDoE to the Corrunission,
B, Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a
copy of Attachment G, Certification Regarding Debarments, Suspension. Ineligibility and
Voluntary Exclusion - Lower Tier Federally Funded Transactions.
C. As required by paragraphs A and H above, the Grantee shall include the language of this Section
and Attachment G, Certification Regarding Debarments, Suspension, Ineligibility and Voluntary
Exclusion - Lower '17 ter Federally Funded Transactions, in all subcontracts and sub -grants or lower
tier agreements executed to support the Grantee's work under this Agreement,
The Grantee shall maintain books, records and documents directly Pertinent to performance under this
,N,Mernent in accordance with generally accepted accounting principles, The Commission, the State of
Florida. USDOE or their authorized representatives shall have access to such records for audit purposes
during the term of this Agreement and for five Years following Agreement completion. In the event any
work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access
to such records for audit purposes.
A. The Grantee shall retain and maintain all records referenced in Section 16 and make such records
available for an audit as may be requested. Such records shall include independent auditor
working papers, books, documents and other evidence, including but not limited to, vouchers, bills,
invoices, requests for payment and other supporting documentation, which, according to generally
accepted accounting principles, procedures and practices. sufficiently and property reflect all
program costs expended in the performance of this Agreement
B. The Grantee agrees to comply with the audit requirements of Section 715,97, Florida Statutes, and
those found in attachment D, Special Audit Requirements as applicable,
C. The Grantee shall include the audit and record keeping requirements described above and in
Attachment D, Special Audit Requirements, in all subcontracts and assignments with sub -granters
of funds according to Section 215,97, Florida Statutes. For purposes of this Agreement, -sub-
recipient" shall be defined in accordance with Section 215.97(2)(x), Florida Statutes.
'4mi
n kgreeniern '40, 1IIS410. Page 4 of 65
FLORIDA ENERGY AND CLIMATE COINIMISSION
GRANT AG RE EINI ENT NO. ARSO 10
D, Fhe Grantee must Provide copies of any audit referencing this Agreement, the audit transmittal
letter, and any response to such audit to the Commission within 30 calendar days of its receipt. The
Grantee should confer with its chief financial officer, audit director or contact the Commission for
assistance with questions pertaining to the applicability of these requirements.
18- Al The Grantee may subcontract work under this Agreement upon the condition that each Attachment
C, Monthly Progress Report, contains a current list Of subcontractors, the amount of each
subcontract and a short description of work to be performed by that subcontractor, "Fhe Grantee
shall be solely responsible for all work performed and all expenses incurred in connection with the
development and implementation of the services, programs and activities under this Agreement
whether directly performed or by subcontract.
B. The Grantee shall not enter into subcontracts in which the Commission or USDOE could be held
liable to a subcontractor for any expenses or liabilities. The Grantee shall defend and hold the
Commission and USDOE harmless of any liabilities, as applicable by Florida laws, incurred under
any of the subcontracts entered into by the Grantee, The Grantee shall be liable for all work
performed and all expenses incurred as a result of any subcontract.
C. The Grantee is encouraged to use small businesses, including minority, woman and service-
disabled veteran -owned businesses as subcontractors or sub -vendors under this Agreement, T he
Grantee shall report to the Commission in each, Attachment C, Monthly Progress Report, its
expenditures with minority, woman and service -disabled veteran -owned businesses. The directory
of State of Florida certified minority, woman and service -disabled veteran -owned businesses can
be accessed from the website of the Department of Management Services, Office of Supplier
Diversity, The Attachment C, Monthly Progress Report, shall contain the names and addresses of
the minority, woman and service -disabled veteran -owned businesses; the aggregate dollar figure
disbursed that month for each business; the time period; type of goods or services and whether the
business is minority, woman or service -disabled veteran -owned. If no expenditures were made to
minority, woman and service -disabled veteran -owned businesses, the Grantee shall state "None"
on that portion of the Attachment C, Monthly Progress Report.
19, f fie Grantee agrees to permanently refrain from using or mentioning its association with the Commission in
advertisements, letterhead, business cards, etc, The Grantee's project with the Commission may be
generally stated and described in the Grantee's professional resume. -The Grantee may not give the
impression in any event or manner, that the Commission endorses or recommends the Grantee,
A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after
December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to
influence an officer or employee of an agency, a 'vfembcr of Congress, an officer or employee of
Congress, or an employee of a Member of Congress, in connection with the awarding, renewal,
amending or modifying of any Federal contract, grant, Or cooperative agreement. If any
nort-Federal funds are used for lobbying activities as described above, the Grantee shall submit
Attachment 1. Standard Form-LLL, Disclosure of Lobbying Activities, and shall file quarterly
updates of any material changes. The Grantee shall require the language of this certification to he
included in all subcontracts, and all subcontractors shall certify and disclose accordingly, [ 10 CFR
Part 6011
13. In accordance with Section 216-347. Florida Statutes, the Grantee is hereby prohibited from using
Funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch
Or a State agency.
C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 50 1 (c)4 of
the Internal Revenue Code of 19S6.shall not be eligible for subgrams under this Agreement, unless
Cr.ln( k�lvvemvru No. ARS4K Page 5 t)f 6s,
SHE=
such organization warrants that it does not, and will not, engage in lobbying activities prohibited
by the Act as a special condition of the subgrant. This restriction does not apply to loans made
pursuant to approved revolving loan Program or to contracts awarded using Proper procurement
procedures.
The Grantee shall comply with all applicable federal, state and local rules and regulations, The Grantee
acknowledges that this requirement includes compliance with all applicable federal, state and local health
and safety rules and regulations. J'he Grantee further agrees to include this provision 61 all subcontracts
issued as a result of this Agreement.
' The Grantee agrees to comply with, and include as appropriate in subcontracts, the applicable regulations
listed in Attachment E, Federal Regulations, and the Provisions contained in Attachment F, Federal Funding
Grantee, Sub -grantee and Contractor Provisions.
21 2 fhe Commission's Grant Manager for this Agreement is identified below,
The Grantee's Representative for this Agreement is identified below.
14.
To the extent required by law. the Grantee will be self -insured against, or will secure and maintain during
the life of this Agreement, Workers' Insurance for all of its employees connected with the
work of this project, The Grantee shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the lances employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully
with the Florida Workers' Compensation law, The Grantee shall provide, and cause each subcontractor to
provide, adequate insurance satisfactory to the Commission, for the protection Of its employees not
otherwise protected if any class of employees engaged in hazardous work under this Agreement is not
protected under Workers' Compensation statutes.
Documentation, of all insurance coverage(s) required below, shall be submitted by the Grantee to the
Commission. [-Tpon expiration of documented proof of insurance coverage, the Grantee shall submit pr4) f
of continued insurance coverage to the Commission within 30 calendar days of insurance coverage
C
"'a"' .kgrc'vlllela NO. NRSNO, Page 6 of 6-5
i.
The Grantee, as an independent contractor and not an agent, representative, or employee of the
Commission, agrees to carry adequate liability and other appropriate forms of insurance. The Commission
shall have no liability except as specifically provided in this Agreement,
The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required,
28, The Granter is authorized to purchase five current model vehicles, for use in performing the services
described in Attachment A, Grant Work Plan, The Grantee must obtain written approval, in advance, of the
vehicle type proposed for purchase and shall produce at least two written quotes for comparable vehicles
prior to the vehicle purchase being authorized by the Commission.
Upon satisfactory completion of this Agreement, with Commission approval, the Grantee may retain
ownership of the non-expendible personal property or equipment purchased under this Agreement.
However, the Grantee shall complete and sign Attachment J, Property Reporting Form, and submit it to the
Commission as an attachment to the Attachment B, Payment Request Sunamary F i which these costs
are documented for reimbursement or match. The following terms shall apply: Forth, ]a hi h -
A. The Grantee shall have use of the non -expendable personal property or equipment for the
authorized purposes of the contractual arrangement as long as the required work is being
performed.
13. 'The Grantee is responsible for the implementation of adequate maintenance procedures to keep the
non -expendable personal property or equipment in good operating condition.
C. 'The Grantee is responsible for the implementation of manufacturer required maintenance
procedures to keep the vehicles in good operating conditiom
D, The Grantee shall secure and maintain comprehensive collision and general automobile liability
covet -age for the vehicles during the term of this Agreement, The Grantee is responsible for any
applicable deductibles.
E. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage, or injury caused
by the use of, non -expendable personal property or equipment purchased with state funds and held
in his possession for use in a contractual arrangement with the Commission.
V 'rite Grantee is responsible for the purchase of, and shall maintain a current State of Florida tag and
registration for all vehicles Purchased under the Agreement,
29, rhe employment of unauthorized aliens by any Grantee/vendor is considered a violation of Section 7i- ' 74A(C)
of the Immigration and Nationality Act, If the Grantee, vendor knowingly employs unauthorized aliens,
-'uch violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this
Agreement.
I ANo person on the grounds of race, creed, color, national origin, age, sex or disability shall be
excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in performance of this Agreement.
Grant karekniviat No. %RSO10, Page 7 of 65
GRAINT AGREEMENT NO.iSolo
B. The Grantee agrees to comply with 10 CFR Part ! 040 "Nondiscrimination in Federally Assisted
Programs,"
C. The Grantee affirms that it is aware of the provisions of Section 287. 134(2)(a), Florida Statutes,
and that at no time has the Grantee been placed on the Discriminatory Vendor List. The Grantee
further agrees that it shall not violate such law and acknowledges and agrees that placement on the
list during the term of this Agreement may result in the termination of this Agreement.
D, The Grantee affirms that it is aware of the provisions of Section 287, 1 33(2)(a), Florida Statutes,
and that at no time has the Grantee been convicted of a Public Entity Crime. The Grantee agrees
that it shall not violate such law and further acknowledges and agrees that any conviction during
the term of this Agreement may result in the termination of this Agreement. The Grantee shall
insert a provision in accordance with this paragraph in all subcontracts for services in relation to
this Agreement.
Land acquisition is not authorized under the terms of this Agreement.
AIf the Grantee brings to the performance of this Agreement pre-existing intellectual property, the
Grantee shall retain all rights and entitlements to that pre-existing intellectual property.
B. All patent rights, copyrights. and data rights must be in accordance with 10 CFR Part 600 as
referenced in Attachment H, Intellectual Property Provisions.
C. If, during the course of the Agreement, the Grantee modifies a pre-existing invention to the point
where it is a new invention, patentable in its own right, or if any discovery or subject invention
arises or is developed in the course of, or as a result of, work or services performed under this
Agreement, or in any way connected herewith, the Grantee shall retain the entire right, title, and
interest to each discovery or subject invention, subject to the provisions of this Section. With
respect to any subject invention in which the Grantee retains title, the Commission shall have'a
royalty-firee, nonexclusive, transferable, irrevocable, paid up license to practice or have practiced
for, or on behalf of, the Commission or the State of Florida the subject invention and sublicense
the same.
D� In the event that any books, manuals, films, software, databases, or other copyrightable material
are Produced. which are intended to be made available to the public, the Grantee shall notify the
Commission. The Commission shall have a royalty -five, nonexclusive and irrevocable rigiri to
reproduce, publish, or otherwise use the work. and to authorize others to do the same. The Grantee
hereby grants the Commission full authority and right to modify or create derivative works of, or
allow others to modify or create derivative works on behalf of the Commission, any publications
first produced under this Agreement, Any content submitted to the Commission which is asserted
to be exempt tinder Florida's Public Records Act, Chapter 119, Florida Statutes, Shall be clt#lrly
marked "business proprietary", "exempt," "confidential," or "trade secret" (as applicable). -vim the
statutory basis for such claim of exemption, confidentiality, or trade secret specifically identified in
writing. Failure to identify any such content shall constitute a waiver of any claimed exemption,
confidentiality, or trade secret.
E. The terms and conditions specified in Section 32 shall also apply to any subcontracts made under
Chin Agreement, 'The Grantee shall be responsible for informing the subcontractor of the
provisions of this Section and obtaining disclosures,
33. fhe Grantee is encouraged to publish or otherwise make publicly available the results of the work
G:wrducted under this Agreement. USDOE requires an acknowledgement of Federal support.: disclaimer
4ant \grveroent No. ARSO M, Page 8 of 61
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS010
must appear in the publication of any material, copyrighted or not, which was based on or developed under
this Agreement, as follows:
Acknowledgement: -This material is based upon work supported by the U.S. Department of
Energy and the Florida Energy and Climate Commission under Award Number DE-EE000024 I
Msclaimer: -This report was prepared as an account Of work sponsored by an agency of the
United States Government. Neither the United States Government nor any agency thereof, not any
of their employees, nor any of their contractors, subcontractors or their employees, makes any
warranty, express Or implied, or assumes any legal liability or responsibility for the accuracy,
completeness, or any third party's use or the results of such use of any information, apparatus,
product, or process disclosed, or represents that its use would not infringe privately owned rights.
Reference herein to any specific commercial product, process, or service by trade name,
trademark, manufacturer, or otherwise, does not necessarily constitute Or imply its endorsement,
recommendation, or favoring by the United States Government or any agency thereof or its
contractors or subcontractors. The views and opinions of authors expressed herein do not
necessarily state or reflect those of the United States Goventment or any agency thereof."
34. 'The Grantee is Permitted to develop software or databases under the terms and conditions of this
Agreement, including Section 32,
35, f he Parties agree they will seek to resolve any disputes between them regarding their responsibilities as
soon as possible and at the lowest level reasonable, in order to conserve the resources of the Panics. 'rhe
Parties further agree to use their best efforts to assure speedy and non -confrontational resolution of any and
all disputes between them,
36This Agreement is executed and entered into in the State of Florida and shall be construed, performed and
enforced in all respects in accordance with the laws and rules of the State of Florida. Any litigation arising
under this Agreement shall be brought in the appropriate court in Leon, County, Florida, applying Florida
Law,
37, 1 his Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties and attached to the original of this Agreement, unless
otherwise provided herein.
38, The following Attachments are incorporated into this Agreement:
Attachment
A
Grant Work Plan
Attachment
B
Payment Request Summary Form
Attachment
C
Monthly Progress Report
Attachment
D
Special Audit Requirements
Attachment
E
Federal Regulations
-Attachment
Attachment
F
Federal Funding Grantee, Sub -grantee and Contractor Provisions
G
Debarment and Suspension Form
Attachment
H
Intellectual Property Provisions
Attachment
I
Disclosure of Lobbying Activities
Attachment
i
Property Reporting Form
Attachment
K
Annual Report
Grant
FLORIDA ENERGY AND CLIMATE C0,14MISSION
GRANT,,kGREEMENT NOARS010
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written
below,
Date: CICT 2 0 2010
--y
STATE OF FLORIDA, EXECUTIVE OFFICE OF
THE GOVERNOR, Florida Ener and Climate Commission
By: ;-164 j
Program Administrator
Date:_p [717-010
(4-111t Agreement No. .iRNOJO, Fjge jiio(6,5
ATTACHMENT A
GRANT WORK PLAN
FLORIDA ENEYGwY ANV—C—LINIATE CQftM1fciS1'Op'jT
GRANT AGREEMENT NO. ARS010
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
0 vIERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWAYMS
A. PROJECT TITLE: Keys Energy Conservation Initiative
B. PROJECT LOCATION: Monroe County, Florida
MDOE��M
\Monroe County will implement a comprehensive energy savings project, in partnership with the City of Key West,
City of Marathon and Islamorada, Village of Islands, which will include several cross -jurisdictional and individual
community energy savings activities.
The Grantee has identified eight projects to execute a wide assortment of energy savings activities which will benefit
06',0 of the Keys population. The activities include installation of solar water heaters, energy efficiency outreach and
education, retrofitting sports lighting, retrofitting outdoor lighting, development of an Energy Efficiency and
Conservation Strategy (SECS), energy audits, purchase of hybrid vehicles and replacement of street lighting poles,
Affordable Residential Solar Water Heaters
The Grantee. in partnership with Habitat for Humanity (114H), will install or replace conventional hot water heaters
%vith solar hot water heaters in low to moderate income households. The Grantee will also issue rebates for solar
water heaters. This c6inponent of the conservation initiative will be coordinated with NeXGENergy and Monroe
County's Weatherization program,
Energy Efficiency Educational Video Communication and Outreach
The Grantee will facilitate the production of a 15-minute video and radio segment for National Public Radio (NPR)
to highlight the Keys Energy Conservation Initiative 2010. The educational and outreach materials will be available
(in local government websites and television channels, 'The materials will be disseminated by CD, DVD and email.
Additionally, the Grantee will hold 12 educational workshops for commercial and residential energy efficiency
measures. Outreach components of this project will increase the number of Green Living and Education (GLEE)
Certified Green Business Partnerships by 100%.
Retrofit Local Park Ball Field Lighting
the Grantee will retrofit lighting in six public parks with new energy efficient light fixtures. The parks include the
Clayton Sterling Sports Complex, Dewitt Roberts Softball Field, Rosa Hernandez Softball Field, George Ntira
Football Field, Nelson English Park and Pepe Hernandez Park. These parks are located in the City of Key West,
Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor Lighting Retrofit
Phase i. Greenhouse Gas (GHG) Emissions Inventory — The Grantee will select a consultant to conduct a
'7reenhouse -as emissions inventory for the City of Marathon, A final report will document the results and
recommended strategies for implementation.
Phase 2Energy Audits — The Grantee will hire a consultant to conduct community residential and commercial
imeqo,audits and an energy audit for City facilities in the City ofMarathon. The results of the studies A -ill be made
available to residents and the business community.
Phase 3: Outdoor Lighting Retrofit — The Grantee will conduct an outdoor lighting retrofit for Sombrero Beach
Road *trcet lights and Marathon Community park lights. The contractor will retrofit 250 outdoor lights.
" taint . lgrcvrncut No. ARSO 10, Page I I of 6-5
ATTACHIMENT A
GRANT WORK PLAN
FUCS I)Vvelopment
The Grantee will utilize technical assistance consulting services to assist a team of interdepartmental county staff
inembers with the formulation of an energy efficiency, energy conservation and energy usage strategy, The strategy
will identify the means to achieve goals, metrics for measuring progress, timelines for implementation, Financing
mechanisms and staff assignments. The SECS will ensure sustained benefits of the grant funds beyond the grant
period.
County Facilities Energy Audit and Retrofit
The kirantee will implement energy efficiency measures, based upon audit findings, at four Monroe County
facilities, located in Key West, with a total square footage of 197,823 and an annual energy cost of S534,019. 41ri
energy audit will allow the Grantee to develop base -line energy use and an in-depth report of quantifiable energy
conservation recommendations to determine the most cost effective improvements and to ensure the best possible
rise of the retrofit funds. The building retrofits will emphasize efficiency and may include retrofit lighting,
insulation, heating, ventilation and air-conditioning (HVAC) upgrades, training programs for operation and facility
users and monitoring systems.
Ilybrid Vehicle Purchase
The Grantee will reduce GHG emissions by upgrading the County fleet with five hybrid electric vehicles which
represents 10% of the administrative fleet. The vehicles will replace five conventional gas -powered vehicles.
Replacement of Street Lighting Poles
The Grantee will replace interior street lighting, dog park lighting and security lighting in Founders Park and the
Administrative & Public Safety Headquarters parking lot located within the park. This work will consist of
stripping 90 existing poles, removing current heads, inspecting each post for damage, repairing damage, preparing
pales for new solar heads to be installed, adjusting andstrengthcrung mounts, adding mounting brackets and
installation of solar heads. In addition, 10 new light poles will be installed at Plantation Hammock Preserve,
Plantation Tropical Reserve, Hurricane Monument and Library Parks, The parks to receive retrofits through this
component of the project are located in Islamorada, Village of Islands,
D. PROJECT OBJECTIVES:
• Objective 1: To reduce power consumption within the county by procuring and installing residential solar
water heaters in a minimum of -70 low or moderate income households.
• Objective 2: To create an educational workshop for commercial and residential energy efficiency measures
and a 15-minute video and radio segment to highlight the Keys Energy Conservation Initiative 20 Ift,
• Objective 3: To reduce power consumption within the county by procuring and installing energy efficient
outdoor sports lighting in six public parks,
• Objective 4: To reduce power consumption within the county by conducting a greenhouse gas emissions
inventory, energy audits and 250 outdoor lighting retrofits for the City of Marathon.
• Objective 5: To reduce fossil fuel emissions in transportation, building, and other applicable public and
private sectors by developing and implementing an Energy Efficiency and Conservation Strategy,
• Objective 6: To reduce power consumption within the county by implementing energy efficiency measures
as recommended by an energy audit of four county facilities,'
• Objective7: To reduce GFIG and energy consumption within the county by upgrading the county vehicle
flect with hybrid electric vehicles,
• Objective 8: To reduce the annual power consumption within the county by procuring and installing 100
'Olar powered light emitting diode (LED) street lighting poles.
(.'r rant . k gree orient No. ARS010, Page 12 of 6 5
ATTACHMENT A
E. PROJECT DESCRIPTION: T GRANT WORK PLAN
The Grantee has identified eight project(s) that will greatly reduce power
consumption therefore reducing utility charges and equipment maintenance fees, the following tasks will be
performed in order to meet the project objectives outlined above.
'Task I - Affordable Residential Solar Water Heaters tObjective 1):
• Task la: Select 3 vendor following the procurement procedures outlined in 10 CFR 600, for solar water beater
purchase and installation
• Cask lb- Coordinate with 1-141-1 to establish an eligible homeowner application
• Chili lc: Select a vendor, negotiate and execute contract
• Task Ic. Oversee installation of solar water heaters in 10 qualified affordable homes
• Task Id: Coordinate with Keys Energy to provide solar water heater rebates of $450 each
• 'Task le: Submit a report to the Commission including photographs of the installed solar water heaters, utility
bills documenting energy reduction, a list of applicants and invoices from both the manufacturer and the installer
-Task 2 - Energy Efficiency Educational Video Communication and Outreach (Objective 2)-
• Task la: Execute contract with Environmental Education Foundation
• 'Task 2b: Develop video content
• Task 2c: Produce video, upload to county website and provide to local governments for distribution
• Task 2d: Produce radio segment for Radio Green Earth show on NPR
• Task le: Coordinate educational outreach technical assistance workshops for businesses and residents
• Task 217: Increase the number of GLEE Certified Green Business partnerships by 100%
• 'Task 2g: Submit a copy of all educational materials and video to the Commission documenting the energy
efficiency conservation impacts of the project
Task 3 - Retrofit Local Park Ball Field Lighting (Objective 3):
• Task 3s: Select a vendor following the procurement procedures outlined in 10 CFR 600, to install ballpark
lighting
• 'Cask 3b: Oversee installation of ballpark lights in six public parks
• Task 3v. Submit a report to the Commission including Photographs of the installed lighting, utility bills
documenting energy reduction, and invoices from both the manufacturer and the installer
'Task 4 - Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor Lighting Retrofit (Objective 4):
• Task 4a Select a vendor following the Procurement procedures outlined in 10 CFR 600, 1) a greenhouse gas
emissions inventory, 2) a community energy audit and 3) city energy audits
• 'Cask 4b: Select a vendor following the procurement procedures outlined in 10 CFR 600, to install outdoor
lighting
• 'Task 4c: Define scope of work to identify audit needs
• 'Task 4d: Conduct site inspections
• 'Task 4e: Complete data gathering and analysis for completion of 600 audits
• Task 41: Ovcsee installation of 250 outdoor lights
• 'Cask 4g: An audit report will be created to establish baseline emissions inventory for a base year and for a
forecast year to identify emissions reduction targets for the forecast year and identify recommended actions,
policies and measures
• 'Task 4h: Submit the final audit report to the Commission and photographs of the installed lighting, utility bills
documenting energy reduction, and invoices from both the manufacturer and the installer
Task 5 - SECS Development (Objective 5):
• Task ;a: rhe Grantee will develop a scope of work for the EECS
•: 'Task 5b. Select a vendor following the procurement procedures outlined in 10 CFR 600, for a technical
'IsSistance consultant to assist with plan development and data
• Task 5c, Develop EEC S for county facilities and operations including energy efficiency, energy conservation
,111d energy usage goals
• Cash
5d. Provide the Commission with an electronic copy of the SECS,
raii i recin ent No, ,I RSo 10 page 13 €a f 6
ATTACHMENT A
GRANT WORK PLAN
Task 6 - County Facilities energy
Audit and Retrofit (Objective 6):
• risk 6a: Select a vendor following the procurement procedures outlined in 10 CFR 600, for an engineering firm
Co conduct Grade Energy Audits for four county facilities located in Key West
• Task 6b- Create a scope of work and construction bid documents based on energy audit findings
• Task 6c: Implementation and installation of energy efficiency measures as approved by the Commission and
recommended in the audit report
• Task 6d: Submit a report to the Commission including the audit report, photographs of the installed systeru&
tuility bills documenting energy reduction, and invoices from both the manufacturer and the installer
Task 7 - Hybrid Vehicle Purchase (Objective 7):
• Task 7a. Prepare purchase order for five hybrid vehicles following the procurement procedures outlined in 10
(TR 600.
•'Task 7h: Finalize purchase of vehicles
Task 7c- Paint and decal vehicles to increase awareness of alternative fuel vehicles
Task 7d: Conduct a training workshop for drive" and maintenance staff
Task 7e. Submit a report to the Commission including photographs of the hybrid vehicles, records of savings
and invoices
Task 8 - Replacement of Street Lighting Poles {Objective 8):
• Task So.- Identify and designate locations for new light poles
• rask 8b: Select a vendor following the procurement procedures outlined in 10 CFR 600, for electricians to
retrofit 90 existing poles
• Task Sc. Obtain quotes or advertise for the purchase of 100 solar powered light fixtures
• 'Task 8d: Identify existing underground utilities and mark sites for new poles
• Task fle. Award contract and purchase order for 100 fixtures
• Task 8f. Installation of new light poles
• 'Task 8g. Submit a report to the Commission including photographs of the installed street lighting poles, utility
bills documenting energy reduction, and invoices from both the manufacturer and the installer
F. PROJECT M]ILESTON ESiDELIVERABLESIOUTPUTS:
The tables below identify the month of the project each task will start and be accomplished for all eight components
of the Keys Energy Conservation Initiative.
III
No. Task/Activity Description
I Select a vendor following the
procurement procedures outlined
in 10 CFR 600, for solar water
i heater purchase and installation
ca Develop, application for eligible
homeowners
—7�
0,crsee installation of,,,Ir water
heaters in -10 homes
4 Coordinate with the —
Weatherization program to assist
homeowners with additional
retrofits
Coordinate rebates with Keys
M3
Deliverables/ Outputs
Submit RYP to Commission
Mmmams�
Contract executed for installation
and materials purchased. Copies of
invoices sent to the Commission
Provide homeowners —with
recommendations
Ise rebates to increase # solar
heaters to be installed
Submit a report including
photographs of the installed water
heaters, utility bills and invoices
Start,**Ionth Deadline
Month
2
3 16
5
1-6
IS 18
6rant \greenrent No. ARSO I), Page 14 of 65
ATTACHMENT A
GRANT WORK PLAN
;rant Aorcenient iN7o. ARS010, Pa-e 15 of 165
m
ATTACHMENT A
GRANT WORK PLAN
2. Ener EffletencyEducational Video Communication and Outreach
No. Task/Ac&4 Description
Deliverables!Outputs
Start Month Deadline
------
Nforith
Fxecute contract with
Contract approved an signed by
Environmental Education
Board of County Commissioners
3 3
Foundation
Develop content and produce
Submit outline of content to
energy educational video
Commission and place on County
3 i 9
tivebsite
3 i Produce radio se anent
Radio segment broadcasted on NPR
10 12
4 Coordinate 12 technical
Training workshops and public
assistance workshops for business
educations sessions complete, a list
and residents
of attendees and evaluations fi01mS
Its 16
provided to the Commission
F final Rt port
'Submit a report including
educational materials created with
funds
I Retrofit Local Park Ball Field Lighting
No,, Task/Activity Description
Deliverables! Outputs
111111111art''I'louth Deadline
Mouth
I I Solicit REP for ballpark lighting
Contractor selected for installation
Of hahtin
6
2 ()versee. installation of ballpark
Lighting installed in six public----�-
-- -jjatis_
earks
6 11
3 Final Report
Submit a report including
photographs of the light retrofit,
I l 13
unlitu bills and invoices
4. Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor
Retrofit
No. Task/Activity Description
Deliverables/ Outputs
Start Mouth Deadline
Ntontb
I Select a vendor following the
Submit RFP to Commis Sion
procurement procedures outlined
in 10 CER 600, 1) a greenhouse
gas emissions inventory, 2) a
1 4
community energy audit and 3)
2 Select a vendor following the
Submit REP to Commission
procurement procedures outlined
F
n 10 CFR 600, for outdoor
2
4 2
3 ign contrack with consultants
Consul#ants selected to conduct
energy 4
audit. and city energy audit , letine scope of work and identify 'Submit scope of work ko ��
audit needs
OMMISSIon
5
3 Site inspectio ns. measurements
Consultant will draft final report for
and data analysis
CAY approval
14
Oversee installation of outdoor
255 outdoor lights installed
14
rinal Report
Fniai audit reports submitted to
I Commission i
15
-----------------
6rant A-greernent No, lRSOIOPage 16 of 65
ST,�TE OF FLORIDA
Offirr of Op Vapmor
ME CA PITOL
[ALLAHASSLL, ILORJJ �A
(HARLIECRIST Www.flgovcom
850-488-7146
850-487-0801 fax
November 9, 20-10
NIs. Lisa Tennvson
Monroe County, Office of )4anagement and Budget
1100 Simonton Street. Suite 2-260
Kev West, FL,13040
Dear Nts.'rertnyson,
Enclosed with this letter is Grant Agreement #ARS010 bet�w,een the Monroe County
Board of County Commissioners, and the Florida Energy and Climate Commission,
Please retain a copy in your files.
If you have any questions about the agreement, please call klandy Norman at (850) 414-
8524.
-Sincerely,
Alexander Mack, Program Administrator
Florida Energy and Climate Commission
MIM
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERYACNI) REINVESTMENT ACT
LINITED STATES DEPARTMENT OF ENERGY AWARDS
THIS AGREEMENT is entered into between (lie STATE OF FLORIDA, EXECUTIVE OFFICE OF THE
(iOVI'RNOR (FOG), FLORIDA ENERGY AND CLIMATE CO' IMISSION whose address is 600 South Calhoun
Street, Suite 2_5 1,Tallimassee. Florida 32399-0001 (hereinafter referred to as the "Commission") and the MONROE
COUNTY BOARD Of COUNTY COMI'AISSIONERS, whose address is 1100 Simonton Street, Key West, FI .
33040- 1110 (hereinafter referred to as "Grantee- or "Recipient"), a local government, to provide financial assistance
for the KcvS Energy Conservation Initiative.
It, consideration of the promises and mutual agreements contained herein, the Commission and the Grantee
aIcknowledgc and agree as follows:
1. The United States Department of Energy (USDOF)awarded funding to the Commission pursuant to
USDOE through American Recovery and Reinvestment Act (ARRA) Grant Agra meat No. DE-
FE000024 1, Tire Grantee shall be a sub -grantee of federal financial assistance from USDOE. 'The Grantee
i.11 responsible for complying with theappropriate state and federal guidelines in the performance of its
activittes pursuant to this Agreement,
the Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement, its
attachments and exhibits nanaed and incorporated by reference. For purposes, of this Agreement the terms
"Grantee" and "Recipient" are used interchangeably.
I his Agreement shall begin upon execution by both parties and end no later than March 31. 1012, inclusive.
If allowed by USDOE, this Agreement -,hall be effective upon execution for purposes of rcirnbursernent of
allowable costs resulting from obligations incurred and meeting the cost share or match requirements as
described in Attachment A. Grant Work Plan, Profit to the Grantee, or any of its subgrallrees, is prohibited
by 10 Code of Federal Regulations (CFR) Part 600. 'This Agreement may be amended to revise Attachment
%, Grant Work Plan, if additional funding is made available by the USDOE and/or the Florida Legislature.
4. A. The Grantee shall be eligible for reimbursement of allowable costs resulting front obligations
incurred during the term of this At,reenrent, 'The Commission shall reimburse the Grantee for
allowable costs on a not more frequently than monthly cost reimbursement basis- in an amount not
to exceed S2,68 7,288 after receipt and approval by the Conlinission's Grant Manager of'
satislactk iry reports and documentation as required in this Agreement. The parties agree that the
Orantee is responsible for Providing a minimum match of $602,896 toward the project described in
Attachment A, Grant Work Plan, All cost sharing or inatch shall meet any applicable redcral
requirements.
11, Prior written approval from the Conniussion%; Grant Alannger slaaill bc% required lot changes
hi'twcen .Ippiilved, funded budget caatctoories Lip to 10`4 of the lotal. aVpro-, Qj Grant funds.
Approval oaf such changes will he contingent upon �,uhnnssion ofa revised Pro .icct Budget. Budtet
categor-y changes greater than I ("�i, the addition Of previously unapproved or unfunded ". bud get In- . It -, -
categories or the addition of preciously unapproved or unfunded budget liar: -items will reqa�lre It
tonrial written amendment to the Agreement. File Corrttnjsiaotj agrees to review a reqtic,,,t by the
61-allive to Inod1tv Attachment A. Grant Work Pl,-tn,',IIOLIld the Grantee find, after receipt ot"
conlPetitive bidsI that the Project ticscribcd in Attacharent A. 6rant Work Plan, cannot be
acconiph,hed tor the current estimated project cost, If the CtlultniSSJOTI atclft:eS to a ulodification (it'
Grant 147ork 11jaM it alay be modified not to exceed the awarded funding identified
above. :Any Such modification would be by f0mial "title" aincilchircut, in accordance with section
4 =t;ttl I tinve"Ien I No, ARSO 10, Vagt I !J 65
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO..ILRSOIO
Nothing in this Section or Agtetaincin is intended nor implies to guarantee approval of'a
request to modify or adjust Attachment A. Grant Work Plan, or the available project funding.
C. All reimbursement requests under this Agreement shall be submitted using the Attachment Ft,
Payment Request Summary Form, format in detail sufficient for a proper pre -audit and post -audit
thereof. The Grantee shall submit a properly completed Attachment B. Payment Request Summary
Form, with supporting documentation of allowable costs, including for the final reimbursement
request, as described below in paragraph 4.D, Ten percent of each approved reimbursement
request shall be retained by the Commission pending Grantee's compliance with Section 8,
DAll reimbursements under this Agreement shall be in compliance with the laws, rules and
regulations applicable to the expenditure of State and federal funds, The State of Florida guidelines
for allowable costs include, but are not limited, to the Florida Department of Financial Scrviees'
Reference Guide for State Expenditures located att!!P-!"'-w—w-w--m-yfloridac_fo.com. Federal program
guidelines for allowable costs and related topics are listed in Attachment E, Federal Regulations
and Attachment F, Federal Funding Grantee, Sub -grantee and Contractor Provisions. The Grantee
must provide a detailed listing of expenditures made under this Agreement as support for the
Payment Request Summary Form. The listing shall include, at a minimum, a description of the
goods or services purchased, date of the transaction, check or voucher number, amount paid and
vendor name. All requests for reimbursement of travel expenses shall be in accordance with the
travel requirements including mandated forms required by Section 112.061, Florida Statutes.
E, In addition to the requirements contained in paragraphs 4,C & D above, the Commission may
periodically request additional proof of a transaction to evaluate the appropriateness ofectsts to the
Agreement pursuant to State of Florida guidelines. When requested, this information must be
provided within 30 calendar days of such request.
The Commission's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature of the State of Florida and the availability of federal funding for the
specific purpose of funding tile Commission's obligations under this Agreement. In the event of a State
revenue shortfall, withdrawal of State budget authorization ant1lor rescission ilf federal handing, the total
tending may be reduced accordingly. The Commission, in accordance with direction from the Governor
aniLor the Florida Legislature, shall be the final determiner of the availability of any funds,
6, Fhe Grantee shall submit, using Attachment C, Monthly Progress Report, monthly updates. to describe the
project progress, work performed, problems encountered, problem resolution, schedule updates and
proposed work for the next reporting period. Attachment B, Payment Request Summary Form may not be
submitted more frequently than on a monthly basis and must be accompanied by an Attachment C. Monthly
Progress Report, for the corresponding month, Attachment C, Monthly Progress Reports shall be submitted
to the Colirmission no later than three calendar days following the completion of the monthly reporting
period. The Commission's Grant Manager may request additional information if the Commission's Grant
t4anager detennines; it is necessary. the Commission's Grant Manager shall have ten calendar days to
review deliverables and payment requests submitted by the Grantee.
7 1 lie grantee shall Inbinit an Annual Report 15 calendar days after the end of the first year of the project, if,
tlle term ail" he protect exceeds one year. File 'Annual Report shall provide a narrative detailing and
_Valuafing theaccornplislimelits and impact of (lie project in the prior twelve inonths. I'licArimialReport
shall follow the format described in Attachment K, Annual Report,
8, 1 he Oriintceshall also submit a Final Report 15 calendar days prior to the expiration date of therkgreenlem_
'File Final Report wall provide a final narrative detailing and evaluating the accomplishments and impact of
the project, 'File Final Report will include all evaluation of the energy savings directly attributable to the
project, projections of estimated energy savings expected to accrue froth the project and policy
recO till ne ndad rins, -.vhit:h assay be helpful in implementing other projects of a similar trarure. Plirsualit to
Gr A ant titn�emk In sio, NRS0 III, 1,3ge roil
FLORIDA ENERGYAND CLIMATE CONI[MISSION
GRANT AGREEMENT NO. ARS010
paragmph4-C, 10,ik of the total Agreement amount identified in paragraph 4-A will be willifteld until
receipt and approval Of the Final Report.
Each party agrees that it shall be solely resportsible for the negligent or wrongfifl acts of its employees and
agents. However, nothing contained herein -,,hall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768,28, Florida Statutes,
l tag. A Commission staff will perform compliance monitoring during the terns of the Agreement, in
addition to file review of Monthly Progress Reports, but not less than once a year, to ensure
Agreement compliance, Monitoring shall include. but not be limited to, periodic review of
compliance with Agreement service delivery, as described in Attachment A, Grant Work Plan as
documented in Attachment C. Monthly Progress Reports and also which includes a review of all
Agreement requirements including the Attachments. The Commission reserves the right for any
Commission staff to make scheduled or unscheduled, announced or unannounced compliance
monitoring visits at any she where services are delivered pursuant to this Agreement,
B. For each oil -site compliance monitoring visit, Commission staff will provide an oral exit interview
and a written monitoring report to the Grantee,
C. If issues of non-compliance are identified in the monitoring report, a written Corrective Action
Plan (CAP) may be required of the Grantee. If required, the CAP shall be submitted to the
Commission's Grant Manager within ten calendar days of receipt of the monitoring report, if a
CAP is required of the Grantee, failure to correct deficiencies after thirty calendar days from the
date -of- receipt (if a written monitoring report notating the deficiencies may result in a
determination of breach of Agreement and termination of services. If a CAP is not required of the
(irtuatee, the Commission may proceed under Section I I andior Section 14,
f he Commission may terminate this Agreement at any time in the event of the failure of the Grantee it)
fulfill any of its obligations tinder this Agreement. Prior to termination, the Commission shall provide 30
calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to
consult with the Commission regarding the reasons} for termination, [fthis agreement istemiiiiated,the
Commission shall only pay for those acts satisfactorily completed under this Agreement prior to the date of
termination. The Commission shall not pay the Grantee for any work performed after such termination.
except as described in Section 14.F.
I'lle Commission may terminate this Agreement for convenience by providing the Grantee with 30
calendar days written notice. If this Agreement is terminated, the Commission shall Only pay for those
acts satisfactorily completed under this Agreement prior to the date of termination. 'The Commission, shall
not pay the Grantee lair any work perfortned after such termination, except as described in Section 14.1',
I'his Agreement may be unilaterally terminated by the Corarnission for refusal by the Grantee to allow
public access to all documents, papers, letters; or other material made or received by the Grantee in
t;onjuncticon with this Agreement, unless the records are exempt from Section 24(3;, Article I of the Horida
Constitution and Chapter 119. Florida Statutes. If this Agmement is terminated, the Commission :hail only
payf6r those acts satisfactorily co)tripicted tinder this Agreement prior to the date of termination. Fhe
Colltillissiiqlshafl not pay the, (Iraince for any work performed after such tcrojinaajon, except as described
in Section 14,F
I. If the (;rantee materially falls to comply with the termsand conditions of this .agreement, includiiiii, ttiv
Federal or State statutes, rules or regulations, applicable to this Agreement, the Commission may take one
isr more of the fallowing actions, as appropriate for the circumstances,
Fcrnporarfly,,vuhhold cash payments pending correction Of the deficiency by the Grantee.
0,31tr X-IreeTTIC on NO. ARSA 11), l',age 3 (of 41
FLORIDA JENIERGYA.ND CLIMATE COMMISSION
G%A—NT AGREEMENT NO. jARS010
B, Disallow (that is deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance.
C. Wholly or partly suspend or tertninate this Agreement.
D. Withhold further awards for the project or program.
E. Take other retitedics that may be legally available.
F. Costs of the Grantee resulting front obligations incurred by the Grantee during a suspension or
after termination of the Agreement are not allowable unless the Commission expressly authorizes
them in the notice of suspension or termination.
G The remedies identified above. do not preclude the Grantee from being subject to debarment and
suspension under Presidential Executive Orders 12549 and 12689,
lit accordance with Presidential Executive Order 12549, Debarment and Suspension 0 0 CFR Part
606, later moved to 2 CFR Part 901 ' ), the Grantee shall agree and certify that neither it, nor its
principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and. that the Grantee shall not knowingly enter into any lower tier contract, or other covered
transaction, with a per -on who is similarly debarred or suspended from participating in this
covered transaction, unless authorized in writing by US DOE to the Commission.
Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a
copy of Attachment G, Certification Regarding Debarments. Suspension. Ineligibility and
Voluntary Exclusion - Lower Tier Federally Funded Transactions.
C. As required by paragraphs A and B above, the Grantee shall include the language of this Section
and Attachment G, Certification Regarding Debarments, Suspension, Ineligibility and Voluntary
Exclusion - I,ower'fier Federally Funded Transactions, in all subcontracts and sub -grants or lower
tier agreements executed to support the Grantee's work Linder this Agreement.
16, The Grantee shall maintain books. records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles. The Commission, the State of
Florida, USDOEor their authorized representatives shall have access to such records for audit purposes
during the term of this Agreement and for five years following Agreement completion. In the event any
work is subcontracted, the Grantee shalt similarly require each subcontractor to maintain and allow access
to such records for audit purposes.
The Grantee shall retain and maintain all records referenced in Section l6and make such records
available foran audit as may be requested. Such records shall include independent auditor
working papers, books, documents and other evidence, including but not limited to, vouchers, bills,
invoices, requests for payment and other supporting documentation, which, according to generally
acccpted accotinting
prurciples. procedures and practices. sufficiently and properly reflect all
pro grain co,wts expended in the performance of this -\grcernont.
BThe Grantee agrees to comply with the audit requirements of Section 2 15.97, Florida Statutes. and
those found in Attachment D. Special Audit Requirements as applicable.
C. the Grantee Shall include the audit and record keeping requirements described above and in
Attachment D. Special Audit Requirements, in allsubcontracts and aSii9rartents withsub-grantees
of funds according to Section 215.91, Florida Statutes, For purposes of this Agreenlert, -suh-
recipient" -,,hall be defined in accordance with Section 215.97(11K), Florida Statutes.
4 .,fa lit ilzr,�(:Ioeatt No, llCifl I 0. Pativ 4 'A 65
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANTAGREENIENT NO.ARS010
Fhe Grantee must provide copies of any audit referencing this Agreement, the audit transmittal
letter, and any response to such audit to the Commission within 30 calendar days of its receipt, File
Grantee should confer with its chief financial officer, audit director or contact the Commission for
assistance with questions pertaining to the applicability of these requirements.
A. rhe Grantee may subcontract work under this Agreement upon the condition that each Attachment
C, N-lonthly Progress Report. contains a current list of subcontractors, the amount of each
subcontract and a short description of fork to he performed by that subcontractor. Fhe Grantee
shall be solely responsible for all work performed and all expenses incurred in connection with the
development and implementation of the services. program and activities under this Agreement
whether directly performed or by subcontract,
B. The Grantee shall not enter into subcontracts in which the Commission or USDOE could be held
liable to a subcontractor for any expenses or liabilities, The Grantee shall defend arid hold the
Commission and USDOE harmless of any liabilities, as applicable by Florida laws, incurred under
any of the subcontracts entered into by the Grantee. 'file Grantee shall be liable for all work
performed and a It expenses incurred as a result of any subcontract,
C. The Grantee is encouraged to use small businesses, including minority, woman and service -
disabled veteran -owned businesses as subcontractors or sub -vendors under this Agreement. The
Grantee shall report to the Conanission in each, Attachment C. Monthly Progress Report, its
expenditures with minority, woman and service -disabled veteran -owned businesses. The directory
OfState of Florida certified minority, woman and service -disabled veteran -owned businesses can
he accessed from the website of the Department of I'vlariagement Services, Office of Supplier
Diversity. The Attachment C. Monthly Progress Report, shall contain the names and addresses of
the minority, woman and service disabled veteran -owned businesses; the aggregate dollar figure
disbursed that month for each business. the time period; type of goods orservices and whether the
business is minority, woman or service -disabled veteran -owned. If no expenditures were made to
minority, woman and service -disabled veteran -owned businesses. the Grantee shall state -'None"
on that portion of the Attachment C, i'viculthly Progress Report.
19'File Grantee agrees to permanently refrain firont using or mentioning its association with the Conalliss, ion in
advertisements, letterhead, business cards, etc. the Grantee's project with the Commission may be
generally stated and described in the Grantee's professional resume, The Grantee may not "give the
impression in any event or manner, that the Commission endorses or recommends the Grantee.
21 o' A, 'The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after
December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to
influence an officer cur employee of an agency, a Member of Congress, an offieer or employee of
Congress, or an employee of a Member ofCongress,
gress, in connection with tile awarding. renewal,
amending or modifying of any Federal contract, grant, or cooperative agreement, if any
non -Federal funds are used for lobbying activities as described above, the Grantee shall subunit
Allachment 1, Standard Form-LI-L, Disclosure of Lobbying Activities, and shall the quarterly
11pdares k1r,"'Y material changes, rile Grantee shall require the language of this certification lo he
ncluded an subcontracts, and alco ;all oilntractors ,hail ccrrit�y and disclose accordingly, 10
i
Part o1i) I I
13. In accordance with Section' 16.')47. Florida Statutes, the Grantee is hereby prohibited from usine
funds provided by this Agreement for the purpose of lobbying the Let 4islatu
ora State agency re, the judicial branch It
PursLiant to the Lobbying Disclosure Act of 1995, aliv or< anizaliooi described in section si,) 1 (c)-1 of
the Internal Revenue Code oaf I Q86 sltafl not he eligible fur subgrantS under ihis AgrcemcnL unless
('- 4 %14 1 k 9 T• 1q1W I I I N 0, i R SO 11), P:t g e 3 of 64
FLORIDA EN VRGYA.ND CLUMAT E COMMISSION
GILVNTAGREENIENT NO. ARS010
such organization warrants that it does not, and will not, engage in lobbying activities prohibited
by theAct as a special condition of the subgrant. This restriction does not apply to i() an,s made
pursuant to approved revolving loan programs or to contracts awarded using proper procurement
procedures,
2L Flie Grantee shall comply with all applicable federal, state and local rules and regulation%. The Grantee
acknowledges that this requirement includes compliance with all applicable federal, state and local health
and safety rules and regulations, The Grantee further agrees to include this provision in all subcontracts,
issued its it result of this Agreement,
The Grantee agrees to comply with, and include as appropriate in subcontracts, the applicable regulations
listed in Attachment E, Federal Regulations, and the provisions contained in Attaclurient F, Federal Funding
Grantee, Sub -grantee and Contractor Provisions,
-) 4J
The Commission's 6rant Manager for this Agreement is identified below,
24. The Grantee's Representative for this Agreement is identified below.
Fo the extent required by law, the Grantee will be self -insured against, or will secure and maintain during
- �lie life of this Agreement, Workers` Compensation Insurance h?r all Of its employees connected with the
,vork of this project, Flit Grantee shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of [lie latter's employees unless such employees are covered by the
protection afforded by the Grantee, `=suchself_u)SUTRTICe Program Or insurance coverage shall comply fully
Fhe Grantee shall provide. and cause each subcontrac'tor t(;
provide, adequate Insurance satisfactory to the Commission, for the protection of its employees not
otherwise protected ifanY claSS, Ofemployees engaged in hazardous work under this Agreement is not
protected under Workcrs'Cornpensation statutes,
Documentation of all insurance A:overagcts) required below. shall be submitted by the Grantee it) the
G. olturission, Upon expiration rat docum,�mcd proof of insurance colverage, the Grantee shall submit proof
k)f continued insurance coverage to the Coriuuv�sion within 30 calendar days of in,urance coverage
expiration,
4 ;rinf oogri-c I) I'I) t 'No. AWS0111, gate 4 t,I, )s
26, I'he Grantee, as an independent contractor and not an agent, representative, or employee of the
Commission. agrees to carry adequate liability and other appropriate forms of insurance. The Commission
shall have no liability ttxcepr as specifically provided in this Agreement,
The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
18. The Grantee is authorized to purchase five current model vehicles, for use in performing the services
described in Attachment A, Grant Work Plan, Elie Grantee must obtain written approval, in advance, of the
vehicle type proposed for purchase and shall produce at least two written quotes for comparable vehicles
prior to the vehicle purchase being authorized by the Commission.
Upon satisfactory , completion of this Agreement, with Commission approval, the Grantee may retain
ownership of the non-expendible personal property or equipment purchased under this agreement.
However, the Grantee shall complete and sign Attachment J. Property Reporting Form, and submit it to the
Coratrussion as: an attachment to the Attachment B, Payment Request Summary Form, in which these costs
acre documented for reimbursement or match, The following terms shall apply:
A. The Grantee shall have use of the non -expendable personal property or equipment for the
authorized purposes of the contractual arrangement as long as the required work is being
performed.
The G mwee is responsible for the implementation of adequate maintenance procedures to keep the
non -expendable personal property or equipment in good operating condition,
C. The Grantee is responsible for the implementation of manufacturer required maintenance
procedures to keep the vehicles in good operating condition.
D. The Grantee shall secure and maintain comprehensive collision and general automobile liability
coverage for the vehicles during the term of this Agreement. The Grantee is responsible for any
applicable deductibles.
E the Grantee is responsible for any loss, damage, or theft of, and any loss, damage, or injury caused
by the use of, non -expendable personal property or equipment purchased with state funds and held
in his possession for use in a contractual arrangement with the Commission.
The Grantee is responsible for the purchase of' ;anti shall maintain a current State of Florida tag and
registration for all vehicles purchased under the Agreement,
2o. fhe employment of unauthorized aliens by any Grantee/vendor is considered a violation of Section "'74AM
of the Inimigration and Nationality Act, If the Granteelvenclor knowingly employs unauthorized aliens,
-Mach violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this
ANo tlerk,n on the grourdsof Fji:e. IA`eej, tk,flor, national ongin, :tge,scx or disability shall he
excluded thorn Participation in, he denied the proctcds or benefits of, or he otherwise subJected to
discrimination in performance of this Agreement.
I ;i t it I i,_revmr tit No, XRSO H), Net 7 of 45
FLORIDA ENERGY AND CLIMA'rE COMMISSION
GRANT AGREEMENT O. ARS010
13. The Grantee agrees to comply with 10 CFR Part 1040 "Nondiscrimination in federally Assisted
Programs.
C. The Grantee affirms that it is aware of the provisions of Section 287.13412)ta), Florida Statutes,
and that at 110 time has the Grantee been placed on the Discriminatory Vendor List. Fhe Grantee
firrther agrees that it shall not violate such law and acknowledges and agrees that placement on the
list during the term of this lLe ,reemcm may result in the termination of this Agreement,
D� The Grantee affirms that it is aware of the provisions of Section 287, 1 33(2)(a), Florida Statutes,
and that at no time has the Grantee been convicted of a Public Entity Crime, The Grantee agrees
that it shall not violate such law and further acknowledges and agrees that any conviction during
the term of this Agreement may result in the termination of this Agreement. The Grantee shall
insert a provision in accordance with this Pairagraph in all subcontracts for services in relation to
this Agreement.
.3 I I Land acquisition is not authorized under the terms of this Agreement.
32, A. If the 6trantee brings to the performance of this Agreement pre-existing intellectual property, the
Grantee shall retain all rights and entitlements to that pre-existing intellectual property.
BAll patent rights, copyrights, and data rights must be in accordance with 10 CFR Part 600 as
referenced in AttLicliment 14, Intellectual Property Provisions.
C. If, during the course of the Agreement, the Grantee modifies a pre-existing invention to the point
where it is a new invention, patentable in its own right, or if any discovery or subject invention
arises or is developed in the course of, or as a result of. work car services ' performed under this
Agreement, or in any way connected herewith, the Grantee shall retain the entire right, title, and
interest to each discovery or subject invention, subject to the provisions of this Section, with
respect to any subject invention in which the Grantee retains hit,-, the Commission shall have a
royalLy-free. T10nCXchJSiVC, transferable, irrevocable, paid up license to practice or have practiced
for. or on behalf of, the Comiuissikm or the State of Florida the subject invention and sublicense
the same.
D, In the event that any books, manuals, films, software, databases, or other copyrightable material
are produced, which tire intended to he made available to the public, the Grantee shall notify the
Commission, The Commission shall have a royalty -tree, nonexclusive anal irrevocable right to
reproduce. publish, or otherwise use The work, and to authorize others to do the same. 'The Grantee
hereby grants the Commission "I authority and right to modify or create derivative works (if, or
allow others to modifv or Create derivative Works on behalf of the Commission, any publications
first produced under this Agreement. Arty content submitted to the Commission which is asserted
to be exerript under Florida's Public Records Act, Chapter 119, Florida Statutes, shall be civarly.
marked -'business proprietary". -exenipt'- "Cofifidential," air "trill secret" (as applicable), c4nh the
�[Matory, basis (tir,,rich claim of exemption. confidentiality, or trade secret ;pecitically identified in
%vriting. Failure to identit'vany such content ,hall corLstitme a waiver of any claimed cxcrtiption,
ctAnidentrality, or trade secret.
F. The terms and conditions,,pecitred in Section .12 shall also apply to arty subcontracts made Linder
this Agreement. The Grantee shall be responsible for informing the tiulcoritractor of the
provisions of this Section and obtainin
g disclosiures,
1,11V rxouatce is encouraged to publish or otherwise rwakv publiclyavailable the results of the work
US D(')E requires air ackno" ledl9cruent of Federal support. _,k disclaimer
( 1greeffleq I NqN RSO I It, 11.tgv 4 1) f hs
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS010
must appear in the publication of any material, copyrighted or not, which was based on or developed under
this Agrcerrient, as follows:
Acknowledgement: "This material is based upon work supported by the U,S. Department of
Energy and the Florida Energy and Climate Commission under Award Number DE-EE0000241
Disclaimer: "This report was prepared as an account of work sponsored by an agency of the
United States 6overriment. Neither the United States Ciovernment nor any agency thereof, nor my
Of their employees, nor any of their contractors, subcontractors or their employees, makes any
warrantv, express or implied, or assumes any legal liability or responsibility for the {accuracy,
completeness, or any third party's use or the results of such use of any information, apparatus,
product, or process disclosed, or represents that its use would not infringe privately owned rights.
Reference herein to <my specific eommercial product. process, or service by trade name,
trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement,
recommendation, or favoring by the United States (3overnment or any agency thereof or its
contractors or swboontractors. The views and opinions of authors expressed herein do not
necessarily state or reflect those of the United States Government or any agency thereof."
34. The Grantee is permitted to develop software or databases under the terms and conditions of this
Agreement, including Section 32,
15 The Parties agree they will seek to resolve any disputes between them regarding their responsibilities as
scion as Possible and at the lowest level reasonable, in order to conserve the resources of the Parties, The
Parties further agree to use their best etforts to assure speedy and non -confrontational resolution of any and
all disputes between them.
36, 'Hus Agreement is executed and entered into in the State of Florida and shall be construed, performed and
enforced in all respects in accordance with the laws and rules of the State of Florida. Any litigation arising
under this Agreement shall be brought in the appropriate court in Leon, County. Florida, applying Florida
Law.
37. Fhis Agreement represents the entire agreement of the parties, Any alterations, variations, changes,
modifications Or waivers of provisions of this Agreement shall only be valid when they have been reduced
to waiting, duly signed by each of the parties and attached to the original of this Agreement, unless
otherwise provided herein,
39, The f0flouing Attachments are incorporated into this Agreement:
Attachment
A
(.;ram Work Plan
AttaChruent
B
Payment Request Summary Form
Attachment
C
kit-mthly Progress Report
\tTachment
D
Special Audit Requirements
Attachment
Fr
Federal Reimlations
\nachnlent
Federal Funding (inintee, `pub -grantee and Contractor proosions
Allachinent
0
Debarment and Suspension Form
A(Tachirtent
H
intellectual Property Provisions
Attachment
I
0isclosure of Lobbying Activities
attachment
J
Property Reporting Form
'Vaachment
K
Annual Report
( , r oo N--i'veowitt No. ARNO I It, P )ee 9 of 6,A
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS010
IN WTI NNFSSS WHEREOF, the parties have 4aused this Agreement to be duty executed, the day and year last written
belmv.
;\IONROE OUNTY BOARD STATE OF FLORIDA, EXECUTIVE OFFICE OF
OFC0 COM S I'HE GOVERNOR, Florida Ener and hrua`e Commission
By:
via Nlurp
aunty 'kia, r program Administrator
Date� OCT 2 0 2010 Date: /I lq�
f 4-sot kgrvetm-nt No, •NRS0 10, P A gt, It) of 65
ATTACHMENT A
A GRANT WORK PL"" N
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS010
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
-RECOVERY AND REINVESTMENT ACT
AMERICAN
UNITED STATES DEPARTMENT OF ENERGY AWARDS
A. PROJECT TITILE: Keys Energy
Conservation Initiative
11. PROJECT LOCATION, Monme County, Florida
C. PROJEC'TBACKCROUND:
Monroe County will implement a comprehensive energy savings project, in partnership with the City of Key West,
City ofMarathonand Islarnorada, Village of Islands, which will include several craws -jurisdictional and individual
community energy savings activities.
Fhe Grantee has identified eight projects to execute a wide assortment of energy savings activities which will benefit
Oh''U of the Keys population. The activities include installation of solar water heaters, energy efficiency outreach and
education, retrofitting sports fighting, retrofitting outdoor lighting, development of an Energy Efficiency and
Conservation Strategy {SECS), energy audits, purchase of hybrid vehicles and replacement of street lighting poles.
Affordable Residential Solar Water Heaters
I he 6runiec. in partnership with Habitat for Humanity (1-14H), will install or replace conventional hot water heaters
with solar hot water heaters in low to moderate income households, "the Grantee will also issue rebates for solar
water litaters. This component of the conservation initiative will be coordinated with NexGENergy and Monroe
County's Weatherization program.
Energy Efficiency Educational Video Communication and Outreach
The grantee will facilitate the production of a 15-minute video and radio segment for National Public Radio (NPR)
to highlight
hljszht the Keys Energy Conservation Initiative 2010, The educational and outreach materials will be available
oil local government websites and television channels, 'The materials will be disseminated by CD, DVD and email,
,Uditronally, the Grantee will hold 12 educational workshops for commercial and residential energy efficiency
measures, Outreach components of this project will increase the number of Green Living and Education (GLEE)
Certified Green Business Partnership-, by I 00%
Retrofit Local Park Ball Field Lighting
The Grantee will retrofit lighting in :six public parks with new energy efficient light fixtures. The parks include the
Chw�toa Sterling Sports Complex. Dewitt Roberts Softball Field, Rosa lict-trandez Softball Field, George Mira
fhese parks are located in the City of Key West,
Greenhouse Gas Emissions Inventory, Energy Audits and Outdoor Lighting Retrofit
I'liase I (Ireenhowsc Gas ((iHG) Fmissions Inventory [he 6rantee will select a consultant to conduct a
greenhouse -as emissions inventory for the City of Marathon, A final report will document the results and
rccommended strategies for implementation.
11ha,;c -): I-norgy Audits the Grantee will hire a, consultant to conduct community residential and commercial
"t1cr, in the City of iklarathon.
,�Iy ��Wdits and an energy audit for City facilities e Ina&
avalkible to remdcrits and the business community.
I'113SC 1: OUtdoor lighting Retrofit I he Grantee will conduct an outdoor lighting retrofit for Sombrero Reach
R,ud fieel lights and Marathon Community park lights, I tic (�oiitractor will retrofit 2-9)outdoor lig
hts.
'91-1- t I C'n I N 0, ARS)Ii 1, 1 '11;4e 11 h i