Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item T3
FORM 8A MEMORANDUM OF VOTING CONFLICT FOR STATE OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Kolhage Danny Lee Monroe County Board of Commissioners, District 1 MAILING ADDRESS NAME OF STATE AGENCY 1901 S. Roosevelt Blvd., #106N Monroe County, FL- BOCC CITY COUNTY MY POSITION IS: LA ELECTIVE Key West Monroe ❑ APPOINTIVE DATE ON WHICH VOTE OCCURRED June 19, 2018 WHO MUST FILE FORM 8A This form is for use by any person serving at the State level of government on an appointed or elected board, council, commission, authority, committee, or as a member of the Legislature. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: As a person holding elective state office, you may not vote on a matter that you know would inure to your special private gain or loss. However,you may vote on other matters, including measures that would inure to the special private gain or loss of a principal by whom you are retained (including the parent or subsidiary or sibling organization of a principal by which you are retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. If you vote on such a measure or if you abstain from voting on a measure that would affect you,you must make every reasonable effort to disclose the nature of your interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the minutes. If it is not possible for you to file a memorandum before the vote, the memorandum must be filed with the person responsible for recording the minutes of the meeting no later than 15 days after the vote. For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with you as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). A member of the Legislature may satisfy the disclosure requirements of this section by filing a disclosure form created pursuant to the rules of the member's respective house if the member discloses the information required by this subsection, or by use of Form 8A. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: As a person holding appointive state office, you are subject to the abstention and disclosure requirements stated above for Elected Officers. You also must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or written communication,whether made by you or at your direction. For purposes of this law, a "relative" includes only your father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother- in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with you as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ' • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. CE Form BA-Effective 11/2013 Page 1 Adopted by reference in Rule 34-7.010(1)(e),F.A.C. DISCLOSURE OF STATE OFFICER'S INTEREST I, Danny L. Kolhage , hereby disclose that on June 19 ,20 19 (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, Florida Keys Electric, Inc. owned by my step-son, Raymond Vazquez ; inured to the special gain or loss of , by whom I am retained;or inured to the special gain or loss of ,which is the parent, subsidiary, or sibling organization of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Awarded a contract to Florida Keys Electric, Inc. (Keys Elec.), said business is owned by my step-son, Raymond Vazquez,for $96,275 to purchase and install 317 LED replacement lights and fixtures in the Key West and Key Largo libraries. We are now asking to approve an additional$18,275 of Facilities funds to meet the contract offer. r If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. June 19,2019 Date Filed Si ure NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE Form 8A-Effective 11/2013 Page 2 Adopted by reference in Rule 34-7.010(1)(e),F.A.C. T.3 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting June 19, 2019 Agenda Item Number: T.3 Agenda Item Summary #5645 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Rob Tudor(305) 292-4416 n/a AGENDA ITEM WORDING: Approval to award a contract to Florida Keys Electric, Inc. (Keys Elec.) for $96,275 to purchase and install 317 LED replacement lights and fixtures in the Key West and Key Largo libraries. We are now asking to approve an additional $18,275 of Facilities funds to meet the contract offer. ITEM BACKGROUND: Monroe County public libraries in Key West (KW) and Key Largo (KL) have antiquated inefficient florescent light bulbs that should be replaced with high efficiency/cost efficient LED lighting systems. A $70,200 Federal Financial Assistance Subrecipient Agreement with Florida Dept. Agriculture and Consumer Services, along with $26,075 Monroe County matching funds allows for replacement of the existing lighting systems with cost saving/energy efficient LED lighting. We originally were approved for $7,800 matching funds. We are now asking to approve an additional $18,275 of Facilities funds to meet the contract offer. The program enables the County to replace 217 florescent fixtures with energy efficient LED light fixtures at the KW Library and 100 fixtures at the KL Library. County Project Management and Facilities Departments recommend converting to the energy-efficient, cost effective LED technology and use this federally funded grant opportunity to advance a greener lighting solution in the Public Library system. A competitive solicitation of contractors was issued for performance of this installation work. Two bids were received. Keys Elec. is the lowest, responsive bidder. PREVIOUS RELEVANT BOCC ACTION: 12/19/18 - The BOCC ratified the Grant application submission and approval of Dept. of Energy Federal Financial Assistance Subrecipient Grant Agreement with Florida Dept. Agriculture and Consumer Services. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approve contract to install new lighting, as stated above. DOCUMENTATION: Packet Pg. 2007 T.3 Energy Grant Contract Fla Keys Electric Inc. 6.5.19 CA stamped Executed grant agreement 12.19.18 4973 Dept. of Energy Grant - Delegation of Authority 4.3.18 Final Bid Tab LED Lights Insurance License Fl Keys Elec Inc. submitted 6.4.19 FINANCIAL IMPACT: Effective Date: November 20, 2018 Expiration Date: October 31, 2019 Total Dollar Value of Contract: Total Cost to County: $26,075.00 Current Year Portion: $26,075.00 Budgeted: yes Source of Funds: 125-22026 (project: GM1901) & 001-20501 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: no If yes, amount: Grant: yes County Match: yes Insurance Required: yes Additional Details: Yes, net amount to Monroe County is $26,075. This County amount is to compliment the Department of Energy Grant of$70,200, to total $96,275. We were origianlly awarded matching funds of$7,800. We are now asking to approve an additional $18,275 of Facilities funds to meet the contract offer. 06/19/19 NEW COST CENTER ADDED $78,000.00 125-22026 530490 CM1901 06/19/19 001-20501 - FACILITIES MAINTENANCE $18,275.00 560620 Total: $96,275.00 REVIEWED BY: Cary Knight Completed 06/10/2019 8:34 AM Chris Ambrosio Completed 06/10/2019 11:25 AM Budget and Finance Completed 06/11/2019 12:26 PM Maria Slavik Completed 06/11/2019 12:31 PM Kathy Peters Completed 06/11/2019 12:45 PM Board of County Commissioners Pending 06/19/2019 9:00 AM Packet Pg. 2008 T.3.a Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the June 19, 2019 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead St. Key West, Florida 33040 0 And the Contractor: Florida Keys Electric, Inc. 5730 2nd Ave. Key West, Florida 33040 0 4- 0 For the following Project: LED LIGHTING UPGRADE AT KEY LARGO AND KEY WEST LIBRARIES, MONROE COUNTY CL CL Scope of the Work CL The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Drawings and Specifications. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Provide all labor and materials necessary to convert all internal, fluorescent lighting fixtures at the Key Largo and Key West libraries to new LED lighting and fixtures. Work to include coordination W with Library Managers to clear and secure the construction area and to keep the remaining U) portions of the site accessible and in operation throughout the new construction process. The completed project will result in a complete, well-lit, library interior. The successful proposer will be required to complete the permit application on file with their appropriate company and contact information. Successful proposer will pay associated permit and inspection fees, as required by the city and county, necessary for completion of the project. The Contractor shall furnish all labor supervision, materials, power tools, equipment supplies, and any other means of construction necessary or proper for performing and completing the scope of work, unless otherwise specifically stated. The project will be considered complete when turned over to the County as a fully functioning LED-lit library. The Contractor shall be responsible for complying with regulations, approvals, and permitting by all appropriate permitting or regulatory agencies as applicable. Occupational Safety and Health Administration (OSHA) regulations shall be strictly adhered to at all times. Packet Pg. 2009 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. U) ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the 0 extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than U) Sixty (60) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in LO the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated W damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day �s $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 2 of 17 Packet Pg. 2010 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Ninety Six Thousand Two Hundred Seventy-Five and 0/100 Dollars ($96,275.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: n/a (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, then attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Alternate # 1: N/A 4.3 Unit prices, if any, are as follows: NA 0 4- 0 ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. U) 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. ° 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 0 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 3 of 17 Packet Pg. 2011 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries retainage of ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage. 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 0 4- 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 0 5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735(8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: E Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, U) "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. 17 ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except W for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph U) 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty(20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 4 of 17 Packet Pg. 2012 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. U) G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 0 4- 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of U) the General Conditions. 7.4 Monroe County's performance and obligation to pay under this contract is contingent uponLO an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity W for the construction or repair of a public building or public work, may not submit proposals U) on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 5 of 17 Packet Pg. 2013 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 0 c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, 0 covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. U) d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. a e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement W shall bind and inure to the benefit of the County and Contractor and their respective U) legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 6 of 17 Packet Pg. 2014 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all 0 local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit 0 discrimination in employment on the basis of race, color, religion, sex, and national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; E 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, U) relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis U) of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 7 of 17 Packet Pg. 2015 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 0 n) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit 0 reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the 0 provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a E prevailing party, be entitled to reimbursement of all attorney's fees and costs U) associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: W U) (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (2) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 8 of 17 Packet Pg. 2016 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the 0 County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally 0 cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise E dispose of any public records unless or otherwise provided in this provision or as U) otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE#305- 292-3470 BRAD LEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. W U) o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 0 p) Privileges and Immunities.All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 9 of 17 Packet Pg. 2017 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the 0 purposes contemplated in this Agreement. 0 s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe E County in his or her individual capacity, and no member, officer, agent or employee of U) Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 17 u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance U) requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 10 of 17 Packet Pg. 2018 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. 0 4- w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the E opportunity to participate in the performance of contracts financed in whole or in part U) with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth in detail below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex W in award and performance of contracts, entered pursuant to this Agreement. U) 2 C.F.R. 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 11 of 17 Packet Pg. 2019 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. 0 z) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. 0 Special Conditions, if any are detailed in Section 00100 of the Project Manual for this Project. 0 Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering U) negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of W Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor: ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 12 of 17 Packet Pg. 2020 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries For Owner: Director of Project Management Assistant County Administrator, PW & E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 0 4- C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seventy-two (72) hours' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach E is not cured, the Agreement will be terminated for cause. If the COUNTY terminates U) this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the W COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe U) County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 13 of 17 Packet Pg. 2021 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries 8.2 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. U) For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 E Enumeration of Contract Documents U) 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: n/a b) Project Manual: n/a 2 c) Documents: U) 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: n/a 9.1.4 The Addenda, if any, are as follows: Number Date Pages 1 5/21/19 1 ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 14 of 17 Packet Pg. 2022 LED Lighting Upgrade at Key Largo & Key West Libraries This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. Execution by the Contractor must be by a person with authority to bind the entity. 2M a SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. W (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA W By: By: Deputy Clerk Mayor/Chairman Date (SEAL) 0 CONTRACTOR'S Witnesses Attest: CONTRACTOR: Contractor must provide two witnesses 0 0 signatures Signature: 4- 0 Signature: Print Name: 0 Print Name: Title: Title: Date: E Date: U) MONROE COUNTYATTORNEY and APPROVE AS TO FORM Signature: LO Print Name: C iS ANMROSIO Title: ASSI'iTANT COUNTY ATTORNEY Date: W Date: U) STATE OF FLORIDA, COUNTY OF U- On this day of 20 before me, the undersigned notary public, personally appeared ------ known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for LED LIGHTING UPGRADE AT KEY LARGO AND KEY WEST LIBRARIES MONROE COUNTY for the purposes therein contained. W Notary Public Print Name- E My commission expires: Seal ----------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 15 of 17 1 Packet Pg. 2023 T.3.a LED Lighting Upgrade at Key Largo & Key West Libraries GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals 0 Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information— (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids U) Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds LO Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions . Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties ------------------------------------------------------------------------------------------------------------------------------- AGREEMENT Page 16 of 17 Packet Pg. 2024 GO,GOURr4° °y Kevin Madok, cPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida q ......... R°s • DATE: January 11, 2019 E TO: Tammy Sweeting Executive Assistant cm FROM: Pamela G. Hanco k .C. SUBJECT: December 19'BOCC Meeting Enclosed are two duplicate originals of Item C5, Grant Application submission and approval of Department of Energy Federal Financial Assistance Sub-recipient Grant Agreement with Florida Department of Agriculture and Consumer Services for$70,200.00 widi $7,800.00 County matching funds. Grant is to replace 317 antiquated, inefficient fluorescent light fixtures with cost saving energy efficient LED ligliting systems at die Key West and Key Largo Libraries, for your liandling: _ 0 Sliould you have any questions, please feel free to contact me at(305) 292-3550. 0 0 4- 0 0 00 cc: B. Erickson/A. Mytnik County Attorney Finance File x KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 2025 Florida Department of Agriculture and Consumer S �� ®A�°P _ Division of Administration IN a CT ADAM H.PUTNAM FEDERAL FINANCIAL ASSISTANCE 1 COMMISSIONER SUBRECIPIENT AGREEMENT 02582 This Federal Financial Assistance Subrecipient Agreement ("AGREEMENT") made and entered into this IGit~ day E of 1,je , 20� by and between the FLORIDA DEPARTMENT OF AGRIt!ULTURt AND CONSUMER- SERVICES, ("RECIPIENT") , and Monroe County Board of County Commissioners, ("SUBRECIPIENT") . The SUBRECIPIENT shall perform the Scope of Work contained in Attachment A of the agreement . The Department of Management Services ' designated United Nations Standard Products and Services Code (UNSPSC) is : 83101902 (Energy Use Reduction Measures) . A. SUBAWARD AMOUNT 1. The total award amount for satisfactorily completing the Scope of Work is $70, 200 . 00 . In no event shall the RECIPIENT be liable for payment of any amount, which exceeds the total award amount. 0 B. EFFECTIVE DATE/TERM 1. The effective date of this AGREEMENT shall commence on execution 0 and, unless sooner terminated or canceled, shall end on the 31st day of October of 2020 . All installation work must be completed by October 31, 2019 ("Term") . 0 2 . No-cost extensions require the prior written approval of the _ RECIPIENT and must be submitted not less than sixty (60) days prior to the end of the Term. Extension requests, which exceed the federal agency award period, will not be granted. 00 C. UNIVERSAL IDENTIFIER AND SYSTEM OF AWARD MANAGEMENT v 1. The SUBRECIPIENT shall comply with 2 CFR, Part 25, "Financial Assistance Use of Universal Identifier and System of Award Management" (SAM) . The SUBRECIPIENT must register and maintain a registration in SAM until submittal of the final financial report. A data universal numbering system (DUNS) number is required for registration in SAM. 2 . Compliance with 2 CFR, Part 25 is not required for individuals. D. FINANCIAL AND PROGRAM MANAGEMENT 1 . Statutory and National Policy Requirements FDACS-02017 Page 1 of 42 Packet Pg. 2026 T.3.b a. All expenditures of federal financial assistance under the AGREEMENT shall be in compliance with all applicable laws, rules and regulations applicable to expenditures of federal 06 funds. b. The SUBRECIPIENT shall implement applicable National Policy 42 Requirements . U 2 . Deliverables a. The SUBRECIPIENT must provide quantifiable, measureable and verifiable units of Deliverables (Deliverables) which must be received and accepted in writing by the RECIPIENT before payment. Deliverables must be directly related to the Scope of Work; specify minimum levels of service to be performed; and contain criteria for evaluating the successful completion of each Deliverable. The Deliverables are set forth in the M Scope of Work contained in Attachment A, Scope of Work. 3 . Financial Management a. The SUBRECIPIENT shall maintain an accounting system and a set of accounting records, which allow for the identification of revenues and expenditures related to this AGREEMENT. b. The SUBRECIPIENT shall comply. with 2 CFR, Part 200 and adhere to the accounting principles and procedures required therein, use adequate internal controls and maintain necessary source 0 documentation for all costs incurred. > 0 4 . Reimbursement Requests a. The allowability of costs shall be in accordance with the federal financial assistance cost principles applicable to 00 17 the SUBRECIPIENT and terms of this AGREEMENT. b. The SUBRECIPIENT shall submit the payment request packet to the RECIPIENT' s grant manager not more often than monthly, E but not less often than quarterly. To be eligible for reimbursement, costs shall be allowable, necessary and reasonable, and must be submitted by budget category consistent with the budget plan outlined in the Attachment A, Scope of Work. c. All reimbursement requests must be submitted using the RECIPIENT' s standard payment request packet and provide supporting documentation for each cost. An authorized E FDACS-02017 Page 2 of 42 Packet Pg. 2027 T.3.b SUBRECIPIENT representative shall sign the certifications on the payment request packet submitted. d. The payment request packet is downloadable from06 http: //forms. freshfromflorida. com/02019.pdf. e. A SUBRECIPIENT whose federal financial assistance grant U) provides an online reimbursement system for reporting reimbursement details shall use the online reimbursement system instead of the payment request packet. f. Bills for any authorized travel expenses shall be submitted and paid in accordance with the rates specified in Section 112 . 061, Florida Statutes, governing payments by the State for travel expenses. Any travel expenses must be specified in the Budget Plan and Scope of Work. 5 . Payment of Reimbursement. Requests a. Payment for allowable, necessary and reasonable costs shall be made within thirty (30) days after . acceptance by the RECIPIENT. Payment request packets returned to the SUBRECIPIENT due to omissions or preparation errors will result in a payment delay. b. Payment requests for a percentage of work completed on each task deliverable are allowed. 0 4- 0 c. Payment is contingent upon the availability of funding from the federal agency and SUBRECIPIENT' S compliance with the terms and conditions of this AGREEMENT. d. The final payment under this AGREEMENT shall be made upon completion of the Scope of Work including all deliverables 00 and the receipt and approval of all reports required 17 hereunder. cv e. Disallowance or adjustments due to audit findings may require . the SUBRECIPIENT to return funds to the RECIPIENT. The E SUBRECIPIENT is solely responsible for reimbursing the RECIPIENT for amounts incorrectly paid to the SUBRECIPIENT. 6. Program Income a. "Program income includes but is not limited to income from fees for services performed, the use or rental of real or personal property acquired under federal awards, the sale of commodities or items fabricated under a federal award, license fees and royalties on patents and copyrights, and FDACS-02017 Page 3 of 42 Packet Pg. 2028 principal and interest on loans made, with federal award funds" . 2 CFR, 200 . 80 b. The SUBRECIPIENT must report to the RECIPIENT any program 06 income received or anticipated from the activities performed under this AGREEMENT. U) 7 . Revision of Budget Plan a. The Budget Plan contained in Attachment "A, " Scope of Work lists costs and budget categories to fund the SUBRECIPIENT' s performance of the Scope of Work, including the completion of Deliverables . b. SUBRECIPIENT is required to report any transfers from one approved budget category to another approved budget category. If the cumulative budget transfers meet or exceed ten percent (10i) , prior approval, evidenced by contract amendment, is required. c. Prior approval, evidenced by contract amendment, is required for: U) (1) any transfers from an approved budget category to an unapproved budget category. An unapproved budget category is defined as having no funds allocated in the original Budget Plan. 0 4- 0 (2) any equipment purchases not noted in the original Budget Plan and/or Scope of Work. (3) any subawarding or contracting out of any work not noted in the original Budget Plan and/or Scope of Work. 00 8 . Revision of Scope of Work C) a. The SUBRECIPIENT shall report any changes to the Scope of Work including but not limited to changes in the objectives, changes in key personnel, reduction of work effort by key E personnel and delays in completion of the work. 9 . Acknowledgement s a. The SUBRECIPIENT shall have an acknowledgement of the United States Department of, Energy support placed on any publication written or published or audiovisual produced with grant support and, if feasible, on any publication reporting the results of, or describing, a grant-supported activity, or audiovisuals produced with grant support. This requirement FDACS-02017 Page 4 of 42 Packet Pg. 2029 T.3.b does not apply to audiovisuals produced as research instruments or for documenting experimentations or findings and not intended for presentation or distribution to the public. 06 b. Publication means a published book, periodical, pamphlet, 42 brochure, flier, or similar item. U) c . Audiovisual means a product containing visual imagery or E sound or both. CL d. The SUBRECIPIENT acknowledgement must contain a disclaimer that says: "Any opinions, findings, conclusions, or recommendations expressed in this publication or audiovisual are those of the authors) and do not necessarily reflect the view of the United States Department of Energy" . e. Language shall read: The work upon which this (insert publication or audiovisual or both) is based was funded, in whole or in part through a subrecipient grant awarded by the United States Department of Energy through the Florida Department of Agriculture and Consumer Services. The contents do not necessarily reflect the views or policies of the United States Department of Energy nor does mention of trade names, commercial productions, services or organization o imply endorsement by the U.S. Government. E. PROPERTY STANDARDS 1. Equipment and Real Property a. Equipment must be used in the project for which the federal 00 funds are derived. 17 b. The federal agency has a vested interest in equipment and/or real property which, when purchased, exceeds $5, 000 in value. If a title is issued for the equipment and/or real property, the federal agency must be listed on the title. E c . The SUBRECIPIENT must maintain property records, which include, but are not limited to, the description, serial number or other identification number, acquisition date, cost, location, percentage of federal participation in the cost of the property, use .and condition of the property. When the property is disposed of, the property records must be updated with the date of disposal and sale price of the property. c� FDACS-02017 Page 5 of 42 Packet Pg. 2030 T.3.b d. A physical inventory is required at least once every two years. e. If the equipment and/or real property are to be sold or used 06 as a trade-in, approval of .the RECIPIENT is required. f . At the end of the award period, the SUBRECIPIENT is required to request from the RECIPIENT disposal instructions- and is required to notify the RECIPIENT of the fair market value of E the equipment and/or real property. 2 . Insurance Coverage a. The SUBRECIPIENT will carry sufficient insurance coverage to protect all assets required under the AGREEMENT from loss due to theft, fraud and/or undue physical damage. SUBRECIPIENT shall carry insurance on its own assets in commercially reasonable amounts and all statutorily required insurance, including without 'limitation Workers' Compensation insurance. 3 . Intellectual Property M a. Anything by whatsoever designation it may be -known, that is produced by, or developed in connection with this AGREEMENT shall become the exclusive property of the RECIPIENT and may be copyrighted, patented or otherwise restricted as provided by Florida or federal law. Neither the SUBRECIPIENT nor any individual employed under this AGREEMENT shall have any proprietary interest in such property. 0 b. With respect to each Deliverable that constitutes a work of authorship within the subject matter and scope of U.S. Copyright Law, 17 U.S.C. Sections 102-105, such work shall be a "work for hire" as defined in 17 U. S.C. Section 101 and all copyrights subsisting in such work for hire shall be owned 00 exclusively by the RECIPIENT. cv c. In the event it is determined as a matter of law that any such work is not a "work for hire, " SUBRECIPIENT shall immediately assign to the RECIPIENT all copyrights subsisting therein for the consideration set forth in the AGREEMENT and with no additional compensation. d. The foregoing shall not apply to any preexisting software, or other work of authorship used by SUBRECIPIENT to create a Deliverable but which exists as work independent of the Deliverable- unless the preexisting software or work was developed by SUBRECIPIENT pursuant to a previous AGREEMENT FDACS-02017 Page 6 of 42 Packet Pg. 2031 T.3.b with the RECIPIENT or by a purchase -by the RECIPIENT under a state term contract . F. MATCHING OR COST SHARE (IF APPLICABLE) 06 1. The matching or cost share portion must be tracked using a unique identifier in the SUBRECIPIENT accounting system. U) 2 . If the matching or cost share portion is not met, the RECIPIENT E may disallow costs paid with federal funds in proportion to the reduction in the matching or cost share amount. 3 . The matching or cost share portion must be incurred in direct proportion to the amount of federal funds used. 4 . The matching or cost share portion must be reported based upon the Budget Plan .submitted with the APPLICATION and Attachment A, Scope of Work. S . Records for in-kind contributions, which are based upon volunteer hours, must have timesheets or a sign in/sign out log and must explicitly state the method for valuation of the hours. The value must be reasonable. 0 6 . Records for in-kind contributions, which are based upon goods or services provided, must have an invoice, if available, or must explicitly state .the method for the valuation. The value must 0 be reasonable. 7 . In-kind contributions must be provided by a third party during the period for which they are being claimed. 8 . The matching or cost share portion must not be counted towards other cost sharing requirements . Neither costs nor values of 00 third party in-kind contributions may count if they have been 17 used towards other cost sharing requirements. G. GENERAL PROCUREMENT STANDARDS 1 . The SUBRECIPIENT will follow the same policies and procedures it uses for procurements from other funding sources. 2 . The SUBRECIPIENT must have documented procurement procedures. 3 . The SUBRECIPIENT must have written policies on standards of conduct covering conflicts of interest. No employee, officer, or agency may participate in the selection, award or .. administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest. FDACS-02017 Page 7 of 42 Packet Pg. 2032 T.3.b H. PERFORMANCE MONITORING AND REPORTING 1. The SUBRECIPIENT shall submit detailed quarterly reports using 06 the format and content shown on the RECIPIENT' s performance progress report. 2 . In the event the AGREEMENT is terminated, the SUBRECIPIENT shall furnish a report detailing progress made under this AGREEMENT E through the date of termination within twenty (20) days of 0 termination. CL 3 . The SUBRECIPIENT shall cooperate in all on-site reviews from the RECIPIENT, its authorized representatives or federal government personnel. 4 .' The review personnel will be given full and complete access during normal business hours to all information related to the performance of this AGREEMENT to ensure compliance with project activities and statutes, regulations and rules. 5 ., The RECIPIENT will give 48 hours of notice of any on site review. 0 6 . The SUBRECIPIENT shall make available all personnel involved in the performance of work on this AGREEMENT. 0 7 . Failure to correct substandard performance within thirty (30) days after written notice from the RECIPIENT shall result in 0 suspension and/or termination of the AGREEMENT. ' I. RECORD RETENTION AND ACCESS 1. Retention Requirements for Records 00 a. Upon reasonable notice, the RECIPIENT shall have access to the SUBRECIPIENT' S records during normal business hours. b. The SUBRECIPIENT shall maintain all records pertinent to the E activities to be funded under this AGREEMENT for a period of five (5) years after final payment is received and for such additional period as may be required until all claims, litigation and appeals pertaining or related to the AGREEMENT g PP P g have been completely resolved. 2 . Public Access to Records a. The SUBRECIPIENT shall comply with all applicable requirements of Chapter 119, Florida Statutes. FDACS-02017 Page 8 of 42 Packet Pg. 2033 T.3.b IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENTS' S DUTY TO PROVIDE PUBLIC 06 RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS : U) OFFICE OF GENERAL COUNSEL E 407 SOUTH CALHOUN STREET, SUITE 520,, TALLAHASSEE, FL 32399 PHONE: (850) 245-1000 EMAIL: PRCUSTODIAN@FRESHFROMFLORIDA.COM J. REMEDIES FOR NONCOMPLIANCE 1 . Prior to the exercise of any remedy provided for herein, the RECIPIENT shall provide thirty (30) calendar days written notice of default and shall provide the SUBRECIPIENT the opportunity to cure such failure or default within said thirty (30) day period. Upon the failure or inability to cure, the RECIPIENT shall have all rights and remedies provided at law or in equity, including without limitation the following: a. Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT. 4- 0 b. Disallow all or part of the cost of the services not in compliance. c . Wholly or partly suspend or terminate this AGREEMENT. 2 . Termination 00 a. The RECIPIENT may suspend or terminate this AGREEMENT if the SUBRECIPIENT: (1) Fails to comply with any applicable rules, regulations or provisions referred to herein, or any other applicable E state or federal statutes, rules, regulations, executive orders, federal guidelines, policies or directives; (2) Fails, to timely fulfill its obligations under the AGREEMENT; (3) Improperly or illegally uses funds provided under this AGREEMENT; or FDACS-02017 Page 9 of 42 Packet Pg. 2034 T.3.b (4) Submits reports that are incorrect in any material respect. b. This AGREEMENT may be terminated for convenience by either 06 party upon giving not less than thirty (30) days advance written notice to the other party. SUBRECIPIENT shall be paid for all work satisfactorily performed prior to the date of termination provided SUBRECIPIENT has otherwise complied with the terms of this AGREEMENT, including the submission of E all reports. K. CLOSE OUT 1. Notwithstanding the termination or expiration of this AGREEMENT, the SUBRECIPIENT' S obligations to the RECIPIENT shall survive until all close out requirements are completed. Close out activities shall include but are not limited to: completing and submitting final reports, properly disposing of property, accounting for. unspent cash advances and program income and transferring custodianship of records to RECIPIENT or its designee. 2 . Post-close Out Adjustments 0 a. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the AGREEMENT must be refunded to the RECIPIENT within thirty (30) days after demand therefore by RECIPIENT. L. AUDIT REQUIREMENTS 0 1. Audit Provisions a. If the SUBRECIPIENT is a state or local government or a nonprofit organization, the audit provisions as defined in 2 00 CFR, Part 200 Subpart F are applicable. b. If the SUBRECIPIENT is a commercial organization (For- Profit) , the organization will provide the RECIPIENT with its E annual audited financial statement or the annual tax return provided to the Internal Revenue Service. c. Audit provisions are not required for a SUBRECIPIENT who is an individual. d.,.In the event that the SUBRECIPIENT expends $750, 000 , or more in federal awards in its' fiscal year, the SUBRECIPIENT must have a single or program-specific audit conducted in accordance with the 2 CFR, Part 200 Subpart F. FDACS-02017 Page 10 of 42 Packet Pg. 2035 T.3.b e. If the. SUBRECIPIENT expends less than $750, 000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR, Part 200 Subpart F is not 06 required. Records must be available for audit or review if necessary. U) f. If the SUBRECIPIENT expends less than $750, 000 in federal awards in its fiscal year and elects to have an audit conducted, the cost of the audit must be paid from non- federal resources. 2 . Basis for Determining Federal Awards Expended a. In determining the federal awards expended in its fiscal year, -the SUBRECIPIENT shall consider all sources of federal awards, including federal resources received from the RECIPIENT. b. The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR, Part 200 Subpart F. U) 3 . Relation to Other Audit Requirements a. If the SUBRECIPIENT has an audit conducted in relationship to any other federal regulation or statute, the RECIPIENT may 0 determine upon review if the audit reports meet the needs of the RECIPIENT. If so, an additional audit will not be required. CL CL b. An audit of the SUBRECIPIENT conducted by the Auditor. General in accordance with provisions of 2 CFR, Part 200 Subpart F will meet these requirements . 00 c. These provisions do not limit the authority of the federal agency, Inspector General, General Accounting Office (GAO) or RECIPIENT to conduct or arrange for the conduct of audits or evaluations of federal financial assistance awards. 4.. Frequency of Audits a. Audits shall be performed annually to meet this requirement. 5 . Sanctions ca x a. If the SUBRECIPIENT is unwilling or has a continued inability to have an audit conducted, the provisions for noncompliance will be enforced. FDACS-02017 Page 11 of 42 Packet Pg. 2036 T.3.b 6. Subrecipient Responsibilities a. The SUBRECIPIENT shall arrange for the audit to be conducted in a timely manner and submitted 'as required in 2 CFR, 06 200 . 512 . b. The SUBRECIPIENT shall prepare the financial statements in accordance with 2 CFR, 200 . 510 . c. The SUBRECIPIENT shall promptly follow up and take corrective action on audit findings. d. The SUBRECIPIENT will provide the auditor with access to records, personnel, documentation and other information as needed by the auditor. 7 . Audit Findings Follow-up a. At the completion of the audit, the' SUBRECIPIENT must prepare, in a document separate from the auditor' s findings a corrective action plan to address each audit finding included in the current year auditor' s reports. U) b. The corrective action plan must provide the name (s) of the contact person(s) responsible for corrective action, the corrective action planned and the anticipated completion date. 0 0 4- c. If the SUBRECIPIENT does not agree with the audit findings or believes corrective action is not required, then the corrective action plan must include an explanation and specific reasons. d. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within thirty (30) days after receipt by 00 the SUBRECIPIENT. e. Failure of the SUBRECIPIENT to comply with the above requirement will constitute a violation of this AGREEMENT and 0 may result in the withholding of future payments. 8 . Report Submission a. The audit must be completed and the data collection form and reporting package must be submitted within the earlier of thirty (30) calendar days after receipt of the auditor' s reports) or nine months after the end of the audit period. If the due date falls on a Saturday, Sunday, or Federal holiday, the reporting package is due the next business day. E FDACS-02017 Page 12 of 42 Packet Pg. 2037 T.3.b b. The SUBRECIPIENT must submit required data elements described in Appendix X to 2 CFR, Part 200 - Data Collection Form (SF- SAC) , ,which states whether the audit was completed in accordance with this part and provide information about the 06 SUBRECIPIENT, its federal programs and the results' of the audit. U) c . A senior representative of the SUBRECIPIENT must sign a statement to be included as part of the data collection that E the SUBRECIPIENT has complied with the audit requirements, the data was prepared in accordance with 2 CFR, 200 . 512, the .reporting package does not include protected personally identifiable information, the information is accurate and complete and the reporting package and form will be publicly available on the web. d. The SUBRECIPIENT shall also submit to the RECIPIENT' s Grant Manager one copy of the audit report, reporting package, any management letter issued by the auditor and data collection form described in Appendix X to 2 CFR, Part 200 . e. The SUBRECIPIENT is required to use the internet submission form on the Federal Audit Clearinghouse (FAC) website. The FAC website is located at http: //harvester.census .gov/fac/ . f. The SUBRECIPIENT shall ensure that audit working papers are made available to the RECIPIENT, or its designee, Chief 0 Financial Officer or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the RECIPIENT. M. GENERAL CONDITIONS .� 1 . Nothing contained in the AGREEMENT is intended to, or will 00 be construed in any manner, as creating or establishing 17 the relationship of principal and agent or employer and employee between the parties. The SUBRECIPIENT will at all times remain an independent contractor with respect to the services to be performed under the AGREEMENT. E 2 . Any changes to the AGREEMENT require the written approval of each party' s authorized official. 3 . The RECIPIENT shall have the right of unilateral cancellation for refusal by the SUBRECIPIENT to allow public access to all documents, papers, letters or other material made or received by the SUBRECIPIENT in conjunction with the AGREEMENT, unless the records are FDACS-02017 Page 13 of 42 Packet Pg. 2038 T.3.b confidential or exempt from s. 24 (a) of Article I of the State Constitution and s . 119. 07 (1) , Florida Statutes. 4 . The SUBRECIPIENT is informed that a person or affiliate who 06 has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building E or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a SUBRECIPIENT, supplier, subcontractor, or consultant under a contract with any public, entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287 . 017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 5 . The CONTRACTOR shall not discriminate on the basis of race, sex, religion, color, national origin age or disability and shall comply with all applicable state and federal laws and regulations related thereto, including without limitation, the Americans with Disabilities Act (42 USC 12101 et. Seq. ) ; Section 504 of the Rehabilitation Act of 1973 (29 USC 795) ; and the Age Discrimination Act of 1975 (42 USC 6101-6107 . 0 6 . The SUBRECIPIENT is informed that the employment of unauthorized aliens by any SUBRECIPIENT is considered a violation of Section 274A (e) of the Immigration and Nationality Act. If the SUBRECIPIENT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the AGREEMENT. 7 . The SUBRECIPIENT is informed that an entity or affiliate 00 who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or E repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a SUBRECIPIENT, supplier, subcontractor, or consultant under contract with any public entity and may not transact business with any public entity. x 8 . This AGREEMENT is contingent upon the availability of funding from the federal agency. The AGREEMENT may be FDACS-02017 Page 14 of 42 Packet Pg. 2039 T.3.b terminated if funding from the federal agency is reduced or terminated. 06 9. The SUBRECIPIENT certifies 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 SUBRECIPIENT shall not E , 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. 10 . Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this AGREEMENT and applicable Federal, State or County guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, the SUBRECIPIENT must submit such subcontracts to the RECIPIENT for its review and approval . U) 11. The SUBRECIPIENT will, to the extent permitted by law, a hold harmless, defend and indemnify the RECIPIENT from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the SUBRECIPIENT' s performance or nonperformance of the services or subject matter called for in this AGREEMENT. Nothing herein - contained shall be construed or operate as a waiver of sovereign immunity to the extent sovereign immunity may CL CL otherwise apply. 12 . The SUBRECIPIENT will comply with section 20 . 055, Florida Statutes. 00 This AGREEMENT may be amended at any time provided that such amendments make specific reference to this AGREEMENT and are E executed in writing and signed by a duly authorized representative of each party. 0 In the event that two or more documents combine to form this AGREEMENT, and in the event that there is any contradictory or conflicting clause or requirement in these documents, the provisions of the document (s) prepared by the RECIPIENT shall be controlling. This AGREEMENT shall be controlled by Florida law, contrary or conflict of law provisions notwithstanding. FDACS-02017 Page 15 of 42 Packet Pg. 2040 T.3.b In the event that any clause or requirement of this AGREEMENT is contradictory to, or conflicts with the requirements of Florida law, the clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated 06 thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties hereto. Special Conditions: See attachment U' A - Scope of Work B - Monthly/Quarterly Performance Progress Report C - Exhibit 1 D - Certification Regrading Debarments, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Federally Funded Transactions E - Final Report F - Disclosure of Lobbying Activities G - Property Reporting Form H - Federal Funding Grantee, Sub-Grantee and Contractor Provisions This AGREEMENT constitutes the entire AGREEMENT between the RECIPIENT and the SUBRECIPIENT for the use of the funds received under this AGREEMENT. The Grant Manager for the RECIPIENT is Tracy O' Dell and is located at 600 South Calhoun Street, Tallahassee, Florida 32399-0001. The Grant Manager for the SUBRECIPIENT is Ray Sanders and is located at 1100 Simonton Street, Room 2-216, Key West, Florida 33040-3110 . 0 4- Federal resources awarded to the SUBRECIPIENT pursuant to this agreement are from (United States Department of Energy, federal > 0 Grant Number DE-EE000241 State Energy Program (SEP) )M§!, a ORNEICL Federal Domestic Assistance (81 . 041) , United States IIe '&FORM Energy. 00 Signed by parties to this AGREEMENT: IS AMBROSIO ASSISTAN C NTY ATTORNEY FLORIDA DEPARTMENT OF AGRICULTURE SUBR CI IENT Date: . L AND CONSUMER SERVICES BO 0 COUNTY CO SI( RS 0 MON 0 COUNTYWRI RI M i-T CD 4� Si4eature gnatur ylvia J. M -file Director of Administration Mayor =� ' � Title Title _ "'` w ' �' co W Date Date `; t x W tF FDACS-02017 Page 16 of 42 :,CLRK Q --.-DEPUTY CLERK Packet Pg. 2041 T.3.b Florida Department of Agriculture and Consumer Services Office of Energy 06 ATTACHMENT A GRANT AGREEMENT NO. LGO14 ADAM H.PUTNAM SCOPE OF WORK COMMISSIONER U) A. PROJECT TITLE: Monroe County Public Library Lighting B. PROJECT LOCATION: Key West Public Library(700 Fleming Street, Key West, Florida 33030) and Key Largo Public Library(101485 Overseas Highway, Key Largo, Florida 33037) C. PROJECT BACKGROUND: This funding was allocated to the Florida Department of Agriculture and Consumer Services, Office of Energy from the U.S. Department of Energy (USDOE). The purpose of this grant program is to assist eligible small local government entities (local municipalities with a population of up to 50,000; and counties with an unincorporated population of us to 200,000) in reducing.their total energy use, increase energy efficiency, reduce energy costs through the replacement of inefficient lighting with energy efficient lighting, and evaluate actual energy savings received as a result of the project. This competitive grant program is designed to provide funding to eligible local governments to make energy efficient upgrades to indoor or outdoor lighting U) in publicly accessible, community-oriented facilities, such as libraries, museums, parks, and community centers (examples given for illustrative purposes only). Energy savings must be tracked by the subrecipient for at least one year following completion of the project and reported to the department. 4- D. PROJECT OBJECTIVES: The goal of the SEP is to provide leadership to maximize the benefits of energy efficiency and renewable energy through communications and outreach activities, technology deployment and accessing new partnerships and resources. The USDOE has established the following objectives that complement program goals articulated in the SEP Strategic Plan: • Transform energy markets in partnership with states to accelerate near term deployment of energy efficiency and renewable technologies. • Promote an integrated portfolio of energy efficiency and renewable energy solutions to meet00 US energy security, economic vitality and environmental quality objectives. 17 • Strengthen core state energy programs to develop and adopt leading market transformation initiatives. E.PROJECT DESCRIPTION: • Task 1: Remove and replace 217 florescent light fixtures with energy efficient LED light fixtures at the Key West Public Library. • Task 1 a: Select a vendor following the procurement procedures of 2 CFR 200,to install energy efficient LED lighting. • Task lb: Complete engineering and design plans. • Task 1 c: Obtain permits, if necessary. • Task 1 d: Install lights, controls and wiring. FDACS-02017 Page 18 of 42 Packet Pg. 2042 T.3.b • Task 1 e: Submit a report to the Office of Energy including the procurement documents used to select the vendor, the contract between the Grantee and the vendor, photographs of the installed lighting, and a copy of the operation and maintenance manual. • Task 2: Remove and replace 100 florescent light fixtures with energy efficient LED light 06 fixtures at the Key Largo Public Library. • Task 2a: Select a vendor following the procurement procedures of 2 CFR 200,to install energy efficient LED lighting. • Task 2b: Complete engineering and design plans. • Task 2c: Obtain permits, if necessary. 0 • Task 2d: Install lights, controls and wiring. • Task 2e: Submit a report to the Office of Energy including the procurement documents used to select the vendor, the contract between the Grantee and the vendor, photographs of the installed lighting, and a copy of the operation and maintenance manual. • Task 3: Monitor Energy usage/savings. Energy savings/usage will be tracked for a 1-year period after the completion of the installation. F. PROJECT MILESTONES/DELIVERABLES/OUTPUTS: The table below identifies the month of the project each task will start and be accomplished. :.. ._r..« �r Sti���Des�i tion�,. ,„ , �� . .. .•:. . ;, r �' ;:�y,,,.._��.��^ , e klr KMorith�. j Morith, a c 1 Key West Public Library Submit a report to the Office of 1 3 Lighting Retrofit Energy including the (Remove and replace 217 procurement documents used to florescent light fixtures select the vendor, the contract with energy efficient between the Grantee and the LED light fixtures at the vendor,photographs of the Key West Public installed lighting, and a copy of 0. Library) the operation and maintenance manual 2 Key Largo Public Submit a report to the Office of 1 3 Library Lighting Retrofit Energy including the00 (Remove and replace 100 procurement documents used to florescent light fixtures select the vendor,the contract with energy efficient between the Grantee and the LED light fixtures at the vendor,photographs of the E Key Largo Public installed lighting, and a copy of Library) the operation and maintenance manual 3 Monitor Energy Savings Submit energy savings report on 10 22 a monthly basis to the Office of Energy for a 1-year period after installation completion FDACS-02017 Page 19 of 42 Packet Pg. 2043 T.3.b G. PROJECT BUDGET: The budget below summarizes the project by Funding Category. All dollar amounts are rounded to the nearest whole dollar value. 06 f " c :p �;"r r 'of r»n5 �2 COS t'r ga c g< un s,land t' Fundmg Category Grant Funds x Othe IKind4Goritrlbufions 1. Salaries 2. Fringe Benefits 3. Travel if authorized 4. Supplies/Other Expenses 5. Equipment 6. Contractual Services $70,200 $7,800 County Ad Valorem 7. Indirect if authorized Total Project Budget $70,200 $7,800 - Total Project Cost $78,000 �.;`GrantssFunds Cost Share Percentage* 10% =Cost Slxe:/Totai,Pro ect�Costz. H. TOTAL BUDGET BY TASK: The project budget below summarizes the project by Project Task. Project Tasks correspond to the "Project Description" section. All dollar amounts are rounded to the nearest whole dollar value. r, _ r ;` t u CostsShare 1Vlatching Funds and P`ro,ect Task F Grant Funds Other In Kind Contributions ,y '- Matcher Funds=w Source. 1 Key West Public $52,200 $5,800 County Ad Valorem Library Lighting Retrofit 2 Key Largo Public $18,000 $2,000 County Ad Valorem Library Lighting 00 Retrofit 3 Monitor Energy $0.00 $0.00 Savings Totals: $70,2001 $7,800 Total Project Cost: $78,000 =, GraritrFuds+Cost$hares,: j !� �; }; FDACS-02017 Page 20 of 42 Packet Pg. 2044 T.3.b I. BUDGET DETAIL: Using the definitions provided below,the detailed, line-item budget clarifies the Budget Summary shown in Section G. Budget Category Sub-Totals have been rounded to the nearest whole dollar value. 06 Up to 10% of grant funds may be used for administrative costs, excluding the cost of meeting reporting requirements of the program. Administrative costs are defined as: allowable, reasonable, and allocable Direct and Indirect costs related to overall management of the awarded grant(including travel). For each budget line-item, the appropriate column identifies if the cost is: 1) Grant or Match, 2) a Direct cost used to calculate Indirect Costs (if approved) and 3) whether the cost is Administrative E in nature. A description of what is required for each budget category is as follows: 1. Salaries—Identify the persons to be compensated for work on this project by name(if known), position, and title. Show the hourly cost and total hours to be charged for each person or position. Divide annual salaries by 2080 hours and nine month academic salaries by 1560 hours,to find the hourly rate. 2. Fringe Benefits—Multiply the rate by the total salaries to which fringe benefits apply. If the rate is variable, explain and show calculations. 3. Travel—List trips by their purpose and/or destination. Indicate the number of days for each trip. The Department will only reimburse for travel at the appropriate State of Florida rate(Section 112.061, Florida Statutes),using the forms referenced in Payment Packet Summary Form. Be prepared to provide the Department with details on costs utilized to calculate the"Amount Budgeted"for each trip. 4. Supplies & Other Expenses—List expendable supplies by category description,unit costs and quantity. List other expenses not included in any of the above categories. Examples would be , printing, copying,postage, communications, etc: Non-expendable equipment valued at less than c $1,000 may be listed also. Include only expenses directly related to the project,not expenses of a > 0 general nature.. For Match only, list costs related to donated real property such as land (not to 0. exceed the fair market value of the property). 0. 5. Equipment—List non-expendable personal property/equipment valued at $1,000 or more by description,unit cost, and quantity. Computers and data-processing equipment should be 00 described in detail. N 6. Contractual Services—Subcontractors should provide the same information required by this budget table,with the following exceptions: (a)when professional services are provided at a pre- E existing approved rate or fee shown on the budget; or(b)the subcontract is to be obtained competitively. For either(a) or (b), show an estimated maximum amount. 7. Total Bud e�gory—Show the total of all line-items within a Budget Category. 8. Total Budget—Show the total of all categories. x FDACS-02017 Page 21 of 42 Packet Pg. 2045 T.3.b 1.Salaries Direct costs used to Hours/w Grant=G calculate 06 Hourly Cost k.or% Total Gross or Indirect Admin. Salaries(Name/Position) $ * FTE = Salary $ Match=M Cost?Y/N Cost? Y/N N/A * _ Sub-Totals for Salaries Category 2.Fringe Benefits Approved% Direct costs Amount per Work Plan used to Gross or enter"N/A" Benefit Benefit Benefit Grant=G calculate Name of Salary &provide #1 #2 #3 Total Fringe or Indirect Admin. Employee $ break-out &Cost &Cost &Cost Benefits $ Match=M Cost?Y/N Cost Y/N _ N/A t 1 $ 1 $ Is $ $ $ $ $ Sub-Total of Fringe Benefits Category e� 3.Travel *Cannot exceed cost limitations re uired by Section 112.061,Florida Statutes .Direct costs used to Period of Grant=G" calculate Name of Trip(#of Amount or Indirect Admin. Employee Destination days) Purpose of Trip Budgeted Match=M Cost?Y/N Cost Y/N N/A $ $ Sub-Total of Travel Cate o $ C e� 0 C . 4- FDACS-02017 Page 22 of 42 0 91 91 00 �8 cd C C Packet Pg. 2046 T.3.b 4.Supplies—Other Expenses Direct costs Grant=G used to or calculate 06 Total Cost Match= Indirect Admin. Description Unit Cost Quantity (S) M Cost?Y/N Cost Y/N $ * _ $ 42 $ Sub-Total of Supplies—Other ExpensWCategory $ 5.Equipment Direct costs CL Grant=G used to or calculate Total Cost Match= Indirect Admin. Description Unit Cost $ * Quantity = $ M Cost?Y/N Cost Y/N $ * _ $ Sub-Total of Equipment Category $ 6.Contractual Services Direct costs Grant=G used to or calculate Fee/Rate Total Cost . Match= Indirect Admin. Name of Vendor Description $ * Quantity = M Cost?Y/N Cost Y/N TBD Electrical Contractor U) (Design/install— Remove and replace 317 lighting fixtures with 317 energy efficient LED light 0 fixtures) 1 $78,000 * 1 1 1 = 1 $78,000 1 G/M I N N FDACS-02017 Page 23 of 42 0 00 �8 cd Packet Pg. 2047 $ * _ $ Sub-Total of Contractual Services Category 1 $78,000 06 U) ca CL U) 0 0 4- FDACS-02017 Page 24 of 42 0 00 �8 cd X Packet Pg. 2048 T.3.b 7.Indirect Cost if a proved Budget Category Approved Total Indirect included in Base of Total Direct Costs Indirect Cost Cost for Total Indirect Total Indirect Indirect Cost for Budget Rate(%)from Budget Costs for Costs for 06 Calculations Category * Scope of Work = Category $ = Grant + Match $ * _ $ _ $ + $ $ _ $ _ $ + $ $ * _ $ _ $ + $ $ _ $ _ $ + $ Sub-Total of Indirect Costs Category $ _ $ - + $ E 8.Total Project BudgetCL Budget Category Total Costs for Budget Category = Total Grant Costs + Total Match Costs Salaries $0 = $0 + $0 Fringe Benefits $0 = $0 + $0 Travel $0 = $0 + $0 Supplies $0 = $0 + $0 Equipment $0 = $0 + $0 Contractual $78,000 = $70,200 + $7,800 Total Project Budget $78,000 = $70,200 + $7,800 cm TFTIS SPACE TNTENTTONALLY LEFT BLANK U) -..... 0 4- FDACS-02017 Page 25 of 42 0 CL CL 00 Cd X Packet Pg. 2049 T.3.b J.MEASURES OF SUCCESS: The disbursement of cost-share funds under this Agreement is contingent on the solicitation and participation of eligible recipients during the Agreement period. The number of recipients participating and energy efficiency measures funded will vary according to interest,need,and 06 timing of implementation. Therefore,it is not possible to set a minimum standard for the number of producers,energy efficiency measures implemented,or amount of funds to be disbursed within the Agreement period: The Agreement amount is based on a preliminary assessment of need,but the funds allocated may be less or more than the need anticipated. In.addition,this Agreement provides only an administrative fee to the Subrecipient to cover the costs of carrying out the tasks/responsibilities identified in section Il. Therefore,the minimum performance standard for this Agreement is to complete the items listed in that section. In the Final Report,the Subrecipient shall address how the project objectives were accomplished. CL TTITS SPACE TNTENTTONALI:Y LEFT BLANK U) 0 0 4- FDACS-02017 Page 26 of 42 — 0 I- CL CL 00 �8 cd X Packet Pg. 2050 T.3.b i i Florida Department of Agriculture and Consumer Services 06 Y Office of Energy 4 ATTACHMENT B GRANT AGREEMENT NO. LGO14 ADAM H.PUTNAM MONTHLY/QUARTERLY PROGRESS REPORT FORM COMMISSIONER Grant Agreement No.: Grantee Name: - Grantee Address: Grantee's Representative: Telephone No.: Monthly Reporting Period: Project Number and Title: A.Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) U) 0 0 0 4- 0 B. Provide an update on the number of jobs created or retained, quantify the reduction of greenhouse gasses and the energy saved in kWh or BTU. 0. 00 C. Provide an update on the estimated time for completion of the project and an E explanation for any anticipated delays. x FDACS-02017 Page 27 of 42 Packet Pg. 2051 T.3.b i I D. Provide any additional pertinent information including,when appropriate, analysis and explanation of cost overruns or high unit costs. 06 U) E.Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g.,report data sets,links to on-line photographs,etc.). U) F. REPORTING 0 Activities: 0 Criteria air pollutants reduced tons Emissions Reductions Greenhouse gases reduced CO2 equivalents) > Energy Cost Savings Dollars Saved CL Reduction in nattiral gas consumption million cu ft Reduction in electricity consumption(megawatt hours Energy Savings Reduction in electricity demand(megawatts) Reduction in fuel oil consumption(gallons) Reduction in propane consumption(gallons) 00 G. SUBCONTRACTOR LIST C The Grantee may subcontract work under this Grant Agreement without the prior approval of the Grant Manager, upon the condition that each Monthly/Quarterly Progress Report must contain a current list of subcontractors. Affizrantee does not have subcontractors,please state None'below. ame of ► rre t otal Amo t Dese fio f o Su contracto Address of each Sub_contrac i ca , x 0 FDACS-02017 Page 28 of 42 Packet Pg. 2052 T.3.b I I I H. MINORITY/WOMAN/SERVICE-DISABLED VETERAN-OWNED BUSINESS LIST 06 The Grantee is encouraged to use small businesses,including minority,woman and service-disabled veteran-owned businesses as subcontractors under this Grant Agreement. The Grantee is required to report information concerning their use of such businesses in each Monthly/Quarterly Progress Report. U) C *If grantee does not have any subcontracts with minority/woman/service-disabled veteran-owned businesses,please E state None'below. OEM o Busmesssines tin fe o o►na M.riong r dsa c eraarm of usiueas d .ess mond as �s o n C CM This report is submitted in accordance with the reporting requirements of Grant Agreement No. LGO14 and accurately reflects the activities and costs associated with the subject project. U) C 0 Signature of Grantee's Representative Date 0 0 4- 0 0 00 N C 0 C i C FDACS-02017 Page 29 of 42 Packet Pg. 2053 T.3.b ATTACHMENT C(EXHIBIT—1) FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category O .DE-EE0000241 United States Department of Energy 87.041 State Energy Program $70,200.00 146556-18 U) State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Pra rams: 0 O Federal State 2 Program Appropriation 91 Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A cement Consist of the Following Resources Subject to Section 215.97 F. State Program CSFA Title State Number State SFA or Appropriation Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Total Award $70,200.00 a For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) rhttp://12 46 245 173/cfda/efda.htin and/or the Florida Catalog of State Financial Assistance (CSFA) rhtros://apes.fldfs.com/fsaa/catalog.aspxl. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated a in the Contract. O 4 4lR O O 0 4- 0 FDACS-02017 > Page 30 of 42 91 00 cv O X O Packet Pg. 2054 T.3.b I I Florida Department of Agriculture and Consumer Services 06 .� Office of Energy ATTACHMENT D CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER ADAM H. FEDERALLY FUNDED TRANSACTIONS E PUTNAM COMMISSIONER CL 1. The undersigned hereby certifies 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. 2. The undersigned also certifies that it and its principals: (a) Have-not within a three year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with CD obtaining,attempting to obtain,or performing a public(Federal,State or local)transaction or contract under a public transaction;violation of Federal or State anti-trust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements, or receiving stolen property. U) S (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity c (Federal,State or local)with commission of any of the offenses enumerated in paragraph 2.(a)of this Certification;and 0 (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal,State or local)terminated for cause or default. c 3. Where the undersigned is unable to certify to any of the statements in this certification,an explanation shall be CL attached to this certification. CL Dated this day of ,20 By 00 Authorized Signature/Recipient 0i Typed Name/Title Recipient's Firm Name Street Address i Building,Suite Number City/State/Zip Code Area Code/Telephone Number FDACS-02017 Page 31 of 42 Packet Pg. 2055 T.3.b INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER 06 FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form,the certifying party is providing the certification set out below. U) 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. if it is later determined that the certifying party knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,Florida Department of Agriculture and Consumer Services(Department)or CL C agencies with which this transaction originated may pursue available remedies,including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to whom this contract _ is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction, participant,person,primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier contract,or other covered transaction with a person who is proposed for debarment under 48 CFR 9,Subpart 9.4, debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the Department or agency with which this transaction originated. M 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification,in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 0 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, Subpart 9.4,debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,check the Nonprocurement List(Telephone No.(202)5014740 or 00 (202)5014873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of 04 records in order to render in good faith the certification required by.this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. E 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9,Subpart.4,suspended,debarred,ineligible,or M voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the Department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. X FDACS-02017 Page 32 of 42 Packet Pg. 2056 T.3.b �4 Florida Department of Agriculture and Consumer Services 06 Office of Energy 4 ATTACHMENT E GRANT AGREEMENT NO. LGO14 FINAL REPORT E ADAM H.PUTNAM COMMISSIONER Grant Agreement No.: Grantee Name: Grantee Address: Grantee's Representative: Tele hone No.: Reporting Period: Project Number and Title: A. Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) U) 0 0 0 4- 0 B. Provide an update on the number of jobs created or retained, quantify the reduction of greenhouse gasses and the energy saved in kWh or BTU. 0. 00 C. Provide an update on the estimated time for completion of the project and an 0 explanation for any anticipated delays. X FDACS-02017 Page 33 of 42 Packet Pg. 2057 T.3.b I I D. Provide any additional pertinent information including,when appropriate, analysis and explanation of cost overruns or high unit costs. 06 U) C 0 E. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets,links to on-line photographs, etc.). C C U) 0 C 0 F.REPORTING 0 Activities: > 0 CL CL Criteria air pollutants reduced tons 7Emissions Reductions Greenhouse gases reduced CO2 equivalents) er Cost Savin s Dollars Saved 00 Reduction in natural gas consumption million cu ft Reduction in electricity consumption(megawatt hours Reduction in electricity demand nie awatts Reduction in fuel oil consumption(gallons) Energy Savings Reduction in propane consumption(gallons) 0 Reduction in gasoline consumption(gallons) ca M , x C 0 FDACS-02017 Page 34 of 42 Packet Pg. 2058 T.3.b H. SUBCONTRACTOR LIST 06 The Grantee may subcontract work under this Grant Agreement without the prior approval of the Grant Manager, upon the condition that each Monthly/Quarterly Progress Report must contain a current list of subcontractors.. U) rantee does not have subcontractors, lease state None'below. *1 FOR of OWE t otal Amoan 'p ' n o E S_ , ctor Bess o each S bcontract erform I. MINORITY/WOMAN/SERVICE-DISABLED VETERAN-OWNED BUSINESS LIST The Grantee is encouraged to use small businesses,including minority,woman and service-disabled veteran-owned businesses as subcontractors under this Grant Agreement. The Grantee is required to report information concerning their use of such businesses in each Monthly/Quarterly Progress Report. *Ifgrantee does not have any subcontracts with minority/woman/service-disabled veteran-owned businesses,please state `None'below. 0 am B mess e 0 ' 4- 0 0 This report is submitted in accordance with the reporting requirements of Grant Agreement 00 No. LGO14 and accurately reflects the activities and costs associated with the subject project. 17 N Signature of Grantee's Representative Date a i � I FDACS-02017 Page 35 of 42 Packet Pg. 2059 T.3.b Florida Department of Agriculture and Consumer Services td Office of Energy ATTACHMENT F06 DISCLOSURE OF LOBBYING ACTIVITIES am ADAM H.PUTNAM u) COMMISSIONER Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 0 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: tm a. contract ❑ a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee f. loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee,Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier if known: u) tm 0 Congressional District,if known:' Congressional District,ifknown: 6. Federal Department/Agency: 7. Federal Program Name/Description: 0 4- 0 CFDA Number,if applicable: �. O am S. Federal Action Number,if known: 9. Award Amount,if known: $ 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services(including address if (if individual,last name,first name,MI): different from No.l0a) (last name,first name,MI): 00 N tm attach Continuation Sheets SF-LLLA,if necessary) am Signature: 11. Information requested through this form is authorized by titre 31 U.S.C. section 1352. This disclosure of lobbying activities is a material print Name representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C.1352. This information will be reported to Title: Congress semi-annually and will be available for public Inspection. Any person who falls to file the required disclosure shall be subject to a civil Telephone No.: Date penalty of not less than S10,000 and not more than$100,000 for each such 0 failure. T!ederal Use Only ' '* s z r Authorized for Local Reproduction Standard Form—LLL(Rev 7—97) QS FDACS-02017 Page 36 of 42 Packet Pg. 2060 T.3.b INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the 06 initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District,if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be,a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1 st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee",then enter the full name,address,city, state and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request for Proposal(RFP)number;Invitation for Bid(IFB)number;grant announcement number;the 0 contract,grant,or loan award number;the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 91 10.(a) Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity .d identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s)performing services,and include full address if different from 10(a). Enter Last Name,First Name,and Middle Initial(MI). 00 T7 11. The certifying official shall sign and date the form,print his/her name,title and telephone number. cNi According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No.0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and 0 completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project 0348-0046 Washington,D.C. 20503. X tit FDACS-02017 Page 37 of 42 Packet Pg. 2061 Florida Department of Agriculture and Consumer Services Office of Energy ATTACHMENT G ' PROPERTY REPORTING FORM FOR GRANT AGREEMENT NO.LGO14 (For Property With Grantee/Recipient Assigned Property Control Numbers) ADAM H.PUTNAM COMMISSIONER UNITED STATES DEPARTMENT OF ENERGY AWARDS 06 GRANTEE: List non-expendable equipment/personal property-costing$1,000 or more purchased under the above Agreement. Also list all upgrades'under this Agreement,costing S1,000 or more,of property previously purchased under a Department Giant Agreement(identify the property upgraded and the applicable Department Agreement on a separate sheet). Complete the description(including manufacturer&model no.)/serial no cost,location/address and property control number columns of this form.The Grantee shall establish a unique identifier for tracking all personal property/equipment purchased under this Agreement and shall report the inventory of said property,on an annual basis,to the Department's Grant Manager,by Grant Agreement number,no later than January 31 for each year this Agreement is in effect. l GRANTEEI>ECIP,IENT DESCRIPTION' SERIAL N 01,700ST'# LOCATIONIADDRESS ASSIGNED PROPEIYGY ,L1JDrNG NtANIjF', IkER&MODEL NO ,?•;, ,.:. ,c.n" t .:: ` . .tt ;' ,`t .,,'. -. : ,' _ CONTROL NUM�B'ER O 'Not including software. '"Attach copy of invoice,bill of sale,or other documentation to support purchase. L_ Grantee/Recipient: Grantee's/Recipient's Project Manager: Date: ENT 0 n c BELOWSFORDEPA'RTM f)SE NLY GRANT MANAGER: MAINTAIN=THIS DOCUMENT WITH A COPY,OF THE UVYOICES SUPPORTING THE COST"OF EACH M ITE :IDENTIFIED'ABBOVEi:IN+YOUR AGREE14fENT FILE I)?'.7 HE AGrtEEMENT I$AvCOST REIMBURSEMENT AGREEMENT MAKESURE TOISEND INVOICES`SUI!PORTING.TIRE COST OF3[HE ITEM S TO FIIVANGE AND ACCOUNTING FOIL TAE PROCESSING OF;T+HP GRANTEE'S/RECIPIENT'S INVOICE?FOR PAYMENT Y x_ Gratit:Manager Signature: Date FINANCE AND ACCOUNTING:No processing required by Finance&Accounting as the GranteeJReci lent is p g equ g p responsible for retaining ownership of the equipmenUpropertyugon satisfactory completion of the � Agreement. 0 O 4- 0 FDACS-02017 > Page 38 of 42 t G8 cV O O Packet Pg. 2062 T.3.b Florida Department of Agriculture and Consumer Services " Office of Energy 06 ATTACHMENT H FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTORS PROVISIONS ADAM H.PUTNAM COMMISSIONER PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT 0 UNITED STATES DEPARTMENT OF ENERGY AWARDS CL All subgrants and contracts awarded by the Grantee,including small purchases,shall contain the following provisions as applicable: 1. Equal Employment Opportunity-All contracts shall contain a provision requiring compliance with E.O. 11246,"Equal Employment Opportunity,"as amended by E.O. 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and as supplemented by regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." 2. Copeland"Anti-Kickback"Act(18 U.S.C.874 and 40 U.S.C.276c)-All contracts and subgrants in excess of$2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland"Anti-Kickback"Act(18 U.S.C. 874),as supplemented by Department of Labor regulations(29 CFR part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or U subrecipient shall be prohibited from inducing,by any means,any person employed in the construction, completion,or repair of public work,to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis-Bacon Act,as amended(40 U.S.C.276a to a-7)-When required by Federal program legislation,all 0 construction contracts awarded by the recipients and subrecipients of more than$2,000 shall include a 0 provision for compliance with the Davis-Bacon Act(40 U.S.C.276a to a-7)and as supplemented by Department of Labor regulations(29 CFR part 5,"Labor Standards Provisions Applicable to Contracts @ Governing Federally Financed and Assisted Construction").Under this Act,contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor.In addition,contractors shall be required to pay wages not less than once a week.The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination.The recipient shall report all suspected or reported violations to the Federal 00 awarding agency. 4. Contract Work Hours and Safety Standards Act(40 U.S.C.327-333)-Where applicable,all contracts awarded by recipients in excess of$2000 for construction contracts and in excess of$2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.327-333),as supplemented by Department of Labor regulations(29 CFR part 5).Under Section 102 of the Act,each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 '/z times the basic rate of pay for all hours worked in excess of 40 hours in the work week.Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work.in surroundings or under working conditions which are unsanitary,hazardous or 0 dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement-Contracts or agreements for the performance of experimental,developmental,or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 10 CFR part 600.325,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. FDACS-02017 6/16 Page 39 of 42 Packet Pg. 2063 T.3.b 6. Clean Air Act(42 U.S.C.7401 et seq.),and the Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.),as amended-Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards,orders or regulations issued pursuant to 06 the Clean Air Act(42 U.S.C. 7401 et seq.)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251 et seq.).Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 42 U) 7. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)-Contractors who apply or bid for an award of$100,000 or more shall file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an-employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352.Each tier shall also disclose any lobbying with non-Federal funds that takes place in CD connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension(E.O.s 12549 and 12689)-No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689,"Debarment and Suspension." This list contains the names of parties debarred,suspended,or otherwise excluded by agencies,and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act,as amended(33 U.S.C. 1368)and Section 1424(e)of the Safe Drinking Water Act,(42 U.S.C.300h-3(e))-Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards,orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act,as amended(33 U.S.C. 1368)and Section 1424(e)of the Safe Drinking Water Act,(42 U.S.C.300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 0 10. Compliance with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L.88-352)which prohibits discrimination on the basis of sex; - (b)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.795),which prohibits discrimination > 0 on the basis of handicaps;(c)the Age Discrimination Act of 1975,as amended(42 U.S.C. 6101-6107),which prohibits discrimination on the basis of age;(d)the Drug Abuse Office and Treatment Act of 1972(P.L.92- 255),as amended,relating to nondiscrimination on the basis of drug abuse;(e)the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(f) Sections 523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality 00 of alcohol and drug abuse patient records;(g)Title VIII of the Civil Rights Act of 1968(42 U.S.C.3601 et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing;(h)any other y nondiscrimination provisions in the specific statute(s)made;and,(i)the requirements of any other nondiscrimination statute(s)which may apply. 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real E Property Acquisition Policies Act of 1970(P.L.91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. CM 12. Compliance with the provision of the Batch Act(5 U.S.C. 1501-1508 and 7324—7328)which limit the ! political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. x 13. Comply,if applicable,with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973(P.L.93-234)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. � FDACS-02017 6/16 Page 40 of 42 Packet Pg. 2064 T.3.b I 14. Compliance with environmental standards which may be prescribed to the following: (a)institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190) 06 and Executive Order(EO) 11514;(b)notification of violating facilities pursuant to EP 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplain in accordance with EO 11988;(e) assurance of project consistency with the approved State management program developed under the Coastal 42 Zone Management Act of 1972(16 U.S.C. 1451 et seq.); (f)conformity of Federal actions to State(Clean Air) Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C.7401 et seq.); 0 (g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended,(P.L.93-523);and(h)protection of endangered species under the Endangered Species Act of 1973, as amended(P.L.93-205). 15. Compliance with the Wild and Scenic Rivers Act of 1968(16 U.S.C. 1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966,as amended(16 U.S.C.470),EO 11593(identification and protection of historic properties),and the Archaeological and _ Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.) 17. Compliance with P.L.93-348 regarding the protection of human subjects involved in research,development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966(P.L.89-544,as amended,7 U.S.C.2131 et seq.)pertaining to the care,handling,and treatment of warm bloodied animals held for research,teaching,or other activities supported by this Agreement. 19. Compliance with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4801 et seq.)which prohibits the use of lead based paint in construction or rehabilitation of residence structures. U 20. Compliance with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub.L.94-163,89 Stat.871). 21. Assist the Commission in complying with the State Energy Conservation Program as described in the Code of Federal Regulations,Title 10,Parts 420 and 450 and guidance issued by the U.S.Department of Energy and subsequent guidance issued by the U.S.Department of Energy; the Financial Assistance Rules described in Title 10,Part 600,as well as those regulations concerning the use of oil overcharge > recovery funds._ 22. The Commission reserves the right to transfer equipment acquired under this grant as provided in Title 10,Part 600.117. The Recipient can obtain a release of this right upon application containing certain commitments. 23. Compliance with the Buy American Act(41 U.S.C. 10a-10c) By accepting funds under this Agreement,the 00 Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,popularly known as the"Buy 17 American Act." The Grantee should review the provisions of the Act to ensure that expenditures made under 17 this Agreement are in accordance with it. It is the sense of the Congress that,to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement should be American- made. 24. Preservation of open and competition and government neutrality towards contractors' labor relations 2 1 on federally funded construction projects CD C a.Unless,in conflict with State or local laws,you must ensure that bid specifications,project agreement,or other controlling documents in construction contracts awarded pursuant to this agreement,or pursuant to a subaward to this agreement,do not: 1.Require or prohibit bidders,offerors,contractors,or subcontractors to enter into or adhere to agreements with one or more labor organizations,on the same or other related construction project(s);or 2.Otherwise discriminate against bidders,offerors,contractors,or subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations,on the same or other related construction project(s). FDACS-02017 6l16 Page 41 of 42 Packet Pg. 2065 T.3.b b.The term"construction contract"as used in this provision means any contract for the construction, rehabilitation,alteration,conversion,extension,or repair of buildings,highways,or other improvements to real property. 06 c.Nothing in this provision prohibits bidders,offerors,contractors,or subcontractors from voluntarily entering into agreements with labor organizations. 42 U) 25. Compliance with the provision included in Title XV and Title XVI of Public Law 111-5,the American Recovery and Reinvestment Act of 2009. 26. Segregation of Costs—Recipients must segregate the obligations and expenditures related to funding under the Recovery Act.Financial and accounting systems should be revised as necessary to segregate,track,and maintain these funds apart and separate from other revenue streams.No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for CD costs allowable for Recovery Act projects. 27. False Claims Act—Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principle,employee,agent,contractor,sub-grantee, .subcontractor,or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity or similar misconduct involving those funds. U) 0 0 4- 0 0 91 91 00 cv cm cm x FDACS-02017 6/16 Page 42 of 42 Packet Pg. 2066 T.3.c BOARD OF COUNTY COMMISSIONERS 4- Mayor David Rice Dist.4 e County of Monroe at" . Mayor Pro Tem Sylvia J.murphy,Dist.5 Danny L.Kolhage,Dist. 1 E The Florida Keys " ' George Nuegent„Dist.2 '� �" Heather Carruthers,Dist.3 CL Monroe County Board of County Commissioners _ Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street,Suite 205 Key West,FL 33040 (305)292-4441 -Phone (305)292-4544-Fax April 3, 2018 U) Kelley Smith Burk, Director Office of Energy, Florida Department of Agriculture and Consumer Services Florida Small Community Energy Efficient Lighting Grant Program D 0 4- 0 Mrs. Burk: In accordance with Monroe County Purchasing Policy, Chapter 2 - Authority & Duties, Section E — 00 Delegation of Authority, and in compliance of the guidelines of the Florida Small Community Energy Ci Efficient Lighting Grant Program, I authorize Cary Knight, Director of Project Management, as my Iq designee to apply for and received federal financial assistance through the Florida Small Community Energy Efficient Lighting Grant Program on behalf of Monroe County. D D c Sincerely, LRoman stes Monroe County Administrator 4- 0 Packet Pg. 2067 u! u !I -! WJO ABJOU3Ile4SUI 04 43eJ4UO3 10 ! Aoadd ) u 1-i -! qel. pq !era! : uewgo m CD CM N H � a m s a in t t H a LU O 00 00 N N U GC Q 00 U) U Q m 00 � > t W a W N � W ~ Y L Z Q W M 0 LU Wa at Qw O s° 3 p W Z rl J m o o t N ap0N W E� � U) U) =LU Z 0 Qw in pam = LL L -0 a mV � r'f W p0 �, -a - W Z U N N a a �70 : 0 p a Q } L vi o .N t W 0 o IL U U o) -a 'a C ~ co o z L o+ U u u > V 2 C L (7 0 U u a I—I z Q) o J O co W '� > L C a u } W cn F- J W U Q) o _� Y a uNi .N -a J LL OU in -0 cs in c a a ro U t 4- L. 000 } U LL N >, O Q 0 t ao � Hiao olquawooeldej Bui;LlBi I(]yj;uej!D MjauEj I le;SU!0;;OeJ;UOOIO leAoiddV) 6Vt7'9 Pg;;!wqns'oul oeig sAaM 1_q asueo!-1 eouejnsul:;u9wLjoe;;V rn C-4 O 10 0 x z 0 000 0 d R0 0 Z E z 0 W 0.� 0 P pWC Ol n owe 0 M. > z 0,� 0 z I.,WO 0. owea z 0 Lu x -I OW 5 — 1 0 N W (.) Z 0 75 05 0 Z M�j - E E E > LL >0 IR S 73 C',m '. z 9.. T 86� It 8 0. .......... ........... Oz M, 0 z z W EN 1 zxz I.Z. E c 'a C', Z'WO _E .0 W 0 0 . u L)z z . 3 E so - S "A 0 z- z 0 <. ,, i. z g g T_0 ZE LD 7 12" 0 1. "S Ec' �z� %< 0 a �z OZ 3:�=Og M JE 0 CU 0 0 Z'c C. ZO 3�, 0= Wok. 1 0 g. U- Z.- 1-2.-50 ir W 16 to 0 w 3. > E :3 2 W Lu 0, OR rL, <, M Mzt= .,� ZO n2 -S *, SE W z OW -L) .0-3 OMU 0 W�z ...... Nf+ "m 0 w - j X I C.- :30 L, c �W2�2 x �x x 0 w OWE zz .9 1 .0 0 0 E �W��5�� E r c 0 W LL E' 0' O� X _x 0 x 0 .lw <>W ww qua d M dE 0. 0 0 0 w u O 7E LU <W Oz -8. :OE < 01 75 Z, m WO m z 0.-Z F 0 0 N 0 ul OR '0 .4 ME LU c LLLL W Lxkj �m 92 2.Z Xzas1.-0.. 0,z 5, Z x 0 x ,.d 6z, OC 0 OE 11 0 0 "Or 2 . . I.I. , E n et 6 'In WO 2 6, M.M. , 2 A I ir W .- :2 M . .M " C E P zo Z, P 0 2 0-. 0 0 m 0 x M, 2H x 1 0 i R > A 1 0 "E 0 W I M. 0�0 n 21 R 0 oFl. 6, m I S, z Q 0 E < 0 i 0 ow PT 0 Z x r 0 - I I __-..2� .1 Mr X� 2 2 rL� XI x 0:p W 0 !WWW >Xrwd p UJ Mo ca 0 R(3 z 0 24 olmama,6upLjBi I(]yj;uej!D MjouEj I le;SU!0;;OeJ;UOOIO leAoiddV) 6Vt7'9 Pg;;!wqns'oul oeig sAaM 1_q asueo!-1 eouejnsul:;uawLloe;;V C-4 ■ "6 Q CD w c ba I w S 0 m zo: < C� U) < LLJ 0 8 :3 7� La w CL r= § 0 (L 0 Od C� C) z w 0 0 CL Mm go 0 z z 2 CL .0 UA C)w W 3 kk LL z "6 0 1 E ca LU 0 ca E z z CL E < ca W z 0 E or to F- 0 w e C2 z LL t En | ) . LU 2 < x 02 :3 M 0 < LLI CF —1 .11 (L Ir m 0 R ui '5 LU 0 CD LU CL w z LU 0 Ica w D Of < < a z olquawooeldej Bui;LlBi I(]yj;uej!D MjouEj I le;SU!0;;OeJ;UOOIO leAoiddV) 6Vt7'9 Pg;;!wqns'oul oeig sAaM 1_q asueo!-1 eouejnsul:;uawLloe;;V C-4 10 vi W, 0 W, -2:�� L9 z Zz 0 <J< 0 _N ., 0 t z:>z 0 I< o 0 D z LU of U, F-�u 2: u UJ t10 oY 2u w x m m uj LU U. u 0 LU IL LU 00 M N Z uj H < % W �2 W, 0 X > o t 4 0 r 0 ca x am 0 uj LU 0 2 C) 0 < . < z < N 0 zl 0CY 0 < u > 0 CL 0 x z< rn w V > co z ao;quawooeldaa 6ul&u6!I®31;uea;D MjouEj Ile}sul o};oea}uoo;o lenoiddV) 6Vt7'9 Pa}apwgns•oul oalg sAaM 1_q asueol-1 eoueansul:}uawgoe&aV N d � 0 M N H � a d Y V 10 a C, LL O y w V Gl = °o rF- LLJQ � w O LUI m � �' I o V' tC� '!lC E a © Z I , v /' nUpI, i � m + O a "r7' N Jw i ly ��� i Aid, _0 LL G O / f y �," ll�� r91 rfu Gee C 'NA yLL Ll- JM ILL ZMANIA coo ? Od//,9Nb it ............ Lu A � LJJ 'M4 I ///J r1 %/ W1 LL o O > —� `v W V LID J S0 w d U 11 _ W = F- N v � C � }�}� F