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HomeMy WebLinkAboutJanuary 24, 2012 Special Meeting Agenda Packetit`iii'~i~tirrii'iiii'imuu~~iiiiuiii'ui'~i'jinn`ii~ii~iiuumYiit`iii~iiiYi>iiniiyiaYiYiri~~'iiY~i'iniii'~t~fii~i"~In~'ni`in'mur"iniiiimiii~i~nim'iii'ii'ui'iiunnii~`i'riiutttrii'ini~iiit~iiiii
JANUARY 24, 2012
10:00 A.M.
CONFERENCE ROOM #3
SPECIAL MEETING'
BOARD OF COUNTY COMMISSIONERS
AGENDA
WELCOME
ALL MEETINGS ARE TELEVISED.
ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE.
PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS
PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS
GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted
at today's Board meeting.
CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests.
REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the
Commission will discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as
possible, or on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or
as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed rior to
the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a
time, Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the
order of presentation is; (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public
hearing, the Chairman will ask for public comment, (4) further discussion and action by the board.
ADDRESSING THE COMMISSION -Please state your name and address, speaking clearly into the microphone. If you
have backup material, please have eight copies for distribution,
NON-AGENDA ITEMS -These items are presented by an individual Commissioner or staff as necessary at the conclusion
of the printed agenda,
PUBLIC COMMENT -Time is allotted at the beginning of each meeting for general public comment. Please limit
comments to five minutes.
DECORUM -Please be respectful of others' opinions.
MEETINGS -All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the
first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the
County Commission- Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft, Pierce, FL 34982.
The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments.
Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone
with a disability requiring accommodation to attend this meeting should contact the St, Lucie County Community Services
Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting.
January 24, 2012
10:00 A.M._
SPECIAL MEETING
BOARD OF COUNTY COMMISSIONERS
www.co.st-lucie.fl.us
www.stlucieco.ora
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Chris Dzadovsky, Chairman District No.1
Tod Mowery, Vice Chairman District No. 2
Paula A. Lewis District No. 3
Frannie Hutchinson District No. 4
Chris Craft, Chairman District No. 5
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INVOCATION
II. PLEDGE OF ALLEGIANCE
REGULAR AGENDA
III. MANAGEMENT & BUDGET
Grants Division:
Florida Department of Agriculture and Consumer Services -Contract Modification #2
Consider staff recommendation to authorize submittal of Grant Contract Amendment #2 to
the Florida Department of Agriculture and Consumer Services for the Clean Energy
Program Grant and Board authorization to have the Chairman sign the required
documents, as approved by the County Attorney.
NOTICE; All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at
these meetings will need a record of the proceedings and for such purpose may need to. ensure that a verbatim record of the proceedings is
made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings
will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Risk & Benefits Manager at (772) 462-1404 or TDD (772) 462-1428
at least forty-eight (48) hours prior to the meeting.
. ~,~.~ ~.u_~. .._ .~ _W ._...,. f.~i ITEM NO. III
u,:~i ~ __
~ , ~;;~~-.i~ - -~, ~ DATE: 1/24/12
~ ` '~ "'p ~~{1, `4 ~ AGENDA REQUEST REGULAR (X )
~` w~ <y ~
~'~_ ~` r~~ a ~ i~~~ ~d+»~ D_~~k;'ter'" rrr
`F'' ~ ~ PUBLIG HEARING ( )
- LEG. ( )
QUASI=JD ( )
CONSENT ( )
TO: $OARD OF COUNTY COMMISSIONERS. PRESENTED BY:
- Glenn Henderson. %~-
SUBMITTED. BY: Office of Management & Budget/Grants Senior Grants Writer
SUBJECT: Florida Department of Agriculture and Consumer Services `- Contract Modification
#2
BACKGROUND: See attached memorandum.
FUNDS AVAILABLE: 001536-1350-331.150-100 (US Dept of Energy)
PREVIOUS ACTION: July 20, 2010 -Board approval to submit Clean Energy Program grant application.
January 18, 2011 -Board acceptance of grant contract:
October 11, 2011 -Board approval of contract amendment #1.
December 6, 2011 -Board approval of request for contract modification.
RECOMMENDATION: Board authorization to submit Grant Contract Amendment..#2 to the Florida
Department of Agriculture and Consumer Services for the Clean Energy. Program
.Grant and Board authorization to have the Chairman sign the required documents,
as approved by the Courify Attorney.. -
COMMISSION ACTION: CONCURRENCE:
( ) APPROVED ( ) DENIED
( ) OTHER
Faye W. Outlaw, MPA
County Administrator
Coordination/Signatures
County Attorney (X) ~/' Management & . (X)
1` Budget Director
Daniel McIntyre Marrie~M. uin
`j '
Budget Analyst (X)
Patty. Marston
~ M -~ _ ~..~ ~~ ®ff~ce of Management
~~
~~~~_~ ~ ~ ~a ~~~~ ~ ~ ~~~ .and BudgetlGrants
Division
MEMORANDUM
TO: Board of County Corrimiss'oners
THROUGH: Marie M. Gouin
Management & Budget Director
FROM: Glenn Henderson..-`~2~-
Senior Grants Writer
DATE: Jan. 24, 2012
SUBJECT: Florida Department of Agriculture and- Consumer Services -Contract Modification
#2
ITEM NO: III
Background:
On Dec. 6, 2012, the Board of County Commissioners (BOCC) asked the Florida Department of
Agriculture and Consumer Services {FDACS) to extend the time period and geographic scope for
the Clean Energy Program Grant (#C11-01-024), which provides energy assessments to residents
through the Clean Energy Loan Program administered by the Solar and. Energy Loan Fund (SELF).
The grant is due to expire April 30, 2012, and the County and SELF requested more time to expend
the available funds and to expand the availability of the low-cost audits into surrounding counties.
FDACS notified the County on Friday, Jan. 20, 2012, that the request had to be denied because of
restrictions in the state contract that offer limited flexibility in the grant terms. It also asked the
County to provide a revised estimate of the number of audits that can be performed by April 30 so
that it can de-obligate the funds that will not be expended by that point. As a result, SELF is planning
a "blitz" to .perform as many audits as possible by April 30. As -part of this push, the grant
agreement's scope of work will need to be modified to reduce the number of projected audits and
the funds requested from the state to pay for them, and to revise the procedure for. audits to make
them more attractive to the public: This will include- eliminating the requirement that credit checks will
be performed prior to performance of an audit. The contract modifications are in the process of being
drafted and must be approved by SELF's Board of Directors in additiori to the BOCC.
As the- grant's prime recipient, the BOCC is responsible for requesting changes to-its contract with
FDACS. The. contract modifications will have no fiscal impact on the County.
Recommendation:
' Board authorization to submit Grant Contract. Amendment #2 to the Florida Department of
Agriculture and Consumer Services for the Clean Energy Program Grant and. Board authorization to
have the Chairman sign the required documents, as approved by the County Attorney.
., _ 1
~~~`~- ' ~ ~ ~ -~~_ Office of Management & Budget/Grants
i
~,.<~~~ MEMORANDUM
TO: Board of County Commissioners
THROUGH: Marie M. Gouin, OMB Director
FROM: Glenn Henderson, Senior Grant Writer -%'~-~
DATE: 1 /23/2012
SUBJECT: Agenda Item III, FDACS Contract Amendment #2
This memo provides further background for Agenda Item III on the Jan. 24 Budget Workshop agenda in
which staff is recommending a contract modification for the Florida Department of Agriculture and
Consumer Services (FDACS) Clean Energy Program Grant Agreement:
® Solar and Energy Loan Fund (SELF) Interim Executive Director Doug Coward asked County staff
Friday to expedite the contract modification that will allow SELF to perform additional home energy
audits before the grant deadline on April 30. SELF believes it must begin this "blitz" next week in
order to accelerate the number of audits paid for through the grant. Fast-tracking this process
requires modifying the grant agreement prior to the BOCC's next regular meeting on Feb. 7.
® SELF's Board of Directors, which also needs to approve the changes, was not scheduled to meet
until mid-February. Mr. Coward has arranged for a special meeting of SELF's Board on Wednesday,
Jan. 25, to approve the contract changes. As of Monday morning, all of the specific changes had not
been determined but SELF and County staff are working to provide more details by the time the
BOCC meets Tuesday morning.
^ SELF is proposing three primary changes to the agreement:
1) Currently, credit checks are performed prior to the audit. To expedite the process, these checks
will be performed after the audit if the homeowner wishes to proceed with a loan.
2) The number of projected audits will be reduced from 800 to a reasonable number that can be
.performed prior to April 30. SELF is calculating this number to determine how many can be
accomplished given contractor availability and impacts on staff workload.
3) Potentially eliminating the $25 fee homeowners currently pay as "match" for the grant-funded
portion of $375 per audit, in order for the audits to be entirely free to homeowners. County staff
recommends asking the state to pay the additional $25 per audit.
Attached is the original grant amendment. Please let me know if you have further questions.
Glenn
Ext 1473
cc: Faye W. Outlaw, MPA, County Administrator
Dan McIntyre, County Attorney
~~ .
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. AR5056
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REIlVVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARDS
THIS AGREEMENT is entered into between the STATE OF FLORIDA, EXECUTIVE OFFICE OF THE
GOVERNOR (EOG), FLORIDA ENERGY AND CLIMATE COMMISSION whose address is 600 South Calhoun
Street, Suite 251, Tallahassee, Florida 32399-0001 (hereinafter referred to as the "Commission") and the ST. LUCIE
BOARD OF COUNTY COMMISSIONERS, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982-5632
(hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide financial assistance for the
Empower St. Lucie project.
In consideration of the promises and mutual agreements contained herein, the Commission and the Grantee
acknowledge and agree as follows:
The United States Department of Energy (L7SDOE) awarded funding to the Commission pursuant to
USDOE through American Recovery and Reinvestment Act (ARRA) Grant Agreement No. DE-
EE0000241. The Grantee shall be asub-grantee of federal financial assistance from USDOE. The Grantee
is responsible for complying with the appropriate state and federal guidelines in the performance of its
activities pwsuant to this Agreement.
The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement, its
attachments and exhibits named and incorporated by reference. For purposes of this Agreement the terms
"Grantee" and "Recipient" are used interchangeably.
This Agreement shall begin upon execution by both parties and end no later than March 31, 2012 ,
inclusive. If allowed by USDOE, this Agreement shall be effective upon execution for purposes of
reimbwsement of allowable costs resulting from obligations incurred and meeting the cost share or match
requirements as described in Attachment A, Grant Work Plan. Profit to the Grantee, or any of its
subgrantees, is prohibited by 10 Code of Federal Regulations (CFR) Part 600. This Agreement maybe
amended to revise Attachment A, Grant Work Plan, if additional funding is made available by the USDOE
and/or the Florida Legislature.
4. A. The Grantee shall be eligible for reimbursement of allowable costs resulting from obligations
incurred during the term of this Agreement. The Commission shall reimburse the Grantee for
allowable costs on a not more frequently than monthly cost reimbursement basis in an amount not
to exceed $300,000 after receipt and approva] by the Commission's Grant Manager of satisfactory
reports and documentation as required in this Agreement. The parties agree that the Grantee is
responsible for providing a minimum match of $545,000 toward the project described in
Attachment A, Grant Work Plan. All cost sharing or match shall meet any applicable federal
requirements.
B. Prior written approval from the Commission's Grant Manager shall be required for changes
between approved, funded budget categories up to 10% of the total, approved Grant funds.
Approval of such changes will be contingent upon submission of a revised Project Budget. Budget
category changes greater than 10%, the addition of previously unapproved or unfunded budget
categories or the addition of previously unapproved or unfunded budget line-items, will require a
formal written amendment to the Agreement. The Commission agrees to review a request by the
Grantee to modify Attachment A, Grant Work Plan, should the Grantee find, after receipt of
competitive bids, that the project described in Attachment A, Grant Work Plan, cannot be
accomplished for the current estimated project cost. If the Commission agrees to a modification of
Attachment A, Grant Work Plan, it may be modified not to exceed the awarded furiding identified
Grant Agreement No. ARS056, Page 1 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
above. Any such modification would be by formal written amendment, in accordance with Section
37. Nothing in this Section or Agreement is intended nor implies to guarantee approval of a
request to modify or adjust Attachment A, Grant Work Plan, or the available project funding.
C. All reimbursement requests under this Agreement shall be submitted using the Attachment B,
Payment Request Summary Form, format in detail sufficient for a proper pre-audit and post-audit
thereof. The Grantee shall submit a properly completed Attachment B, Payment Request Summary
Foram, with supporting documentation of allowable costs, including for the final reimbursement
request, as described below in paragraph 4.D. Ten percent of each approved reimbursement
request shall be retained by the Commission pending Grantee's compliance with Section 8.
D. All reimbursements under this Agreement shall be in compliance with the laws, rules and
regulations applicable to the expenditure of State and federal funds. The State of Florida guidelines
for allowable costs include, but are not limited, to the Florida Department of Financial Services'
Reference Guide for State Expenditures located at htto://www.myfloridacfo.com. Federal program
guidelines for allowable costs and related topics are listed in Attachment E, Federal Regulations
and Attachment F, Federal Funding Grantee, Sub-grantee and Contractor Provisions. The Grantee
must provide a detailed listing of expenditures made under this Agreement as support for the
Payment Request Summary Form. The listing shall include, at a minimum, a description of the
goods or services purchased, date of the transaction, check or voucher number, amount paid and
vendor name. All requests for reimbursement of travel expenses shall be in accordance with the
travel requirements including mandated forms required by Section 112.061, Florida Statutes.
E. In addition to the requirements contained in paragraphs 4.C & D above, the Commission may
periodically request additional proof of a transaction to evaluate the appropriateness of costs to the
Agreement pursuant to State of Florida guidelines. When requested, this information must be
provided within 30 calendaz days of such request.
The Commission's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature of the State of Florida and the availability of federal funding for the
specific purpose of funding the Commission's obligations under this Agreement. In the event of a State
revenue shortfall, withdrawal of State budget authorization and/or rescission of federal funding, the total
funding maybe reduced accordingly. The Commission, in accordance with direction from the Governor
and/or the Florida Legislature, shall be the final determiner of the availability of any funds.
6. The Grantee shall submit, using Attachment C, Monthly Progress Report, monthly updates to describe the
project progress, work performed, problems encountered, problem resolution, schedule updates and
proposed work for the next reporting period. Attachment B, Payment Request Summary Form may not be
submitted more frequently than on a monthly basis and must be accompanied by an Attachment C, Monthly
Progress Report, for the corresponding month. Attachment C, Monthly Progress Reports shall be submitted
to the Commission no later than three calendar days following the completion of the monthly reporting
period. The Commission's Grant Manager may request additional information if the Commission's Grant
Manager determines it is necessary. The Commission's Grant Manager shall have ten calendar days to
review deliverables and payment requests submitted by the Grantee.
The Grantee shall submit an Annual Report 15 calendar days after the end of the first year of the project, if
the term of the project exceeds one year. The Annual Report shall provide a narrative detailing and
evaluating the accomplishments and impact of the project in the prior twelve months. The Annual Report
shall follow the format described in Attachment K, Annual Report.
The Grantee shall also submit a Final Report 15 calendar days prior to the expiration date of the Agreement.
The Final Report will provide a final narrative detailing and evaluating the accomplishments and impact of
the project. The Final Report will include an evaluation of the energy savings directly attributable to the
project, projections of estimated energy savings expected to accrue from the project and policy
r, ~
Grant Agreement No. ARS056, Page Z of 53
FLORIDA ENERGY AND CLIMATE COMMLSSION
GRANT AGREEMENT NO. ARS056
recommendations, which may be helpful in implementing other projects of a similar nature. Pursuant to
paragraph 4.C, 10% of the total Agreement amount identified in paragraph 4.A will be withheld until
receipt and approval of the Final Report.
9. Each party agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768.28, Florida Statutes.
10. A. Commission staff will perform compliance monitoring during the term of the Agreement, in
addition to the review of Monthly Progress Reports, but not less than once a year, to ensure
Agreement compliance. Monitoring shall include, but not be limited to, periodic review of
compliance with Agreement service delivery, as described in Attachment A, Grant Work Plan as
documented in Attachment C, Monthly Progress Reports and also which includes a review of all
Agreement requirements including the Attachments. The Commission reserves the right for any
Commission staff to make scheduled or unscheduled, announced or unannounced compliance
monitoring visits at any site where services are delivered pursuant to this Agreement.
B. For' each on-site compliance monitoring visit, Commission staff will provide an oral exit interview
and a written monitoring report to the Grantee.
C. If issues of non-compliance are identified in the monitoring report, a written Corrective Action
Plan (CAP) maybe required of the Grantee. If required, the CAP shall be submitted to the
Commission's Grant Manager within ten calendar days of receipt of the monitoring report. If a
CAP is required of the Grantee, failure to correct deficiencies after thirty calendar days from the
date-of-receipt of a written monitoring report notating the deficiencies may result in a
determination of breach of Agreement and termination of services. If a CAP is not required of the
Grantee, the Commission may proceed under Section 11 and/or Section 14.
11. The Commission may terminate this Agreement at any time in the event of the failure of the Grantee to
fulfill any of its obligations under this Agreement. Prior to termination, the Commission shall provide 30
calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to
consult with the Commission regarding the reason(s) for termination. If this Agreement is terminated, the
Commission shall only pay for those acts satisfactorily completed under this Agreement prior to the date of
termination. The Commission shall not pay the Grantee for any work performed after such termination,
except as described in Section 14.F.
12. The Commission may terminate this Agreement for convenience by providing the Grantee with 30
calendar days written notice. If this Agreement is terminated, the Commission shall only pay for those
acts satisfactorily completed under this Agreement prior to the date of termination. The Commission shall
not pay the Grantee for any work performed after such termination, except as described in Section 14.F.
13. This Agreement maybe unilaterally terminated by the Commission for refusal by the Grantee to allow
public access to all documents, papers, letters or other material made or received by the Grantee in
conjunction with this Agreement, unless the records are exempt from Section 24(a), Article I of the Florida
Constitution and Chapter 119, Florida Statutes. If this Agreement is terminated, the Commission shall only
pay for those acts satisfactorily completed under this Agreement prior to the date of termination. The
Commission shall not pay the Grantee for any work performed after such termination, except as described
in Section 14.F.
14. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any
Federal or State statutes, rules or regulations, applicable to this Agreement, the Commission may take one
or more of the following actions, as appropriate for the circumstances.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
Grant Agreement No. ARS056, Page 3 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
B. Disallow (that is deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance.
C. Wholly or partly'suspend or terminate this Agreement.
D. Withhold further awards for the project or program.
E. Take other remedies that may be legally available.
F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or
after termination of the Agreement aze not allowable unless the Commission expressly authorizes
them in the notice of suspension or termination.
G. The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Presidential Executive Orders 12549 and 12689.
15. A. In accordance with Presidential Executive Order 12549, Debarment and Suspension (10 CFR Part
606, later moved to 2 CFR Part 901), the Grantee shall agree and certify that neither it, nor its
principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in this
covered transaction, unless authorized in writing by USDOE to the Commission.
B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a
copy of Attachment G, Certification Regazding Debarments, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Federally Funded Transactions.
C. As required by paragraphs A and B above, the Grantee shall include the language of this Section
and Attachment G, Certification Regarding Debarments, Suspension, Ineligibility and Voluntary
Exclusion -Lower Tier Federally Funded Transactions, in all subcontracts and sub-grants or lower
tier agreements executed to support the Grantee's work under this Agreement.
16. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles. The Commission, the State of
Florida, USDOE or their authorized representatives shall have access to such records for audit purposes
during the term of this Agreement and for five years following Agreement completion. In the event any
work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access
to such records for audit purposes.
17. A. The Grantee shall retain and maintain all records referenced in Section 16 and make such records
available for an audit as maybe requested. Such records shall include independent auditor
working papers, books, documents and other evidence, including but not limited to, vouchers, bills,
invoices, requests for payment and other supporting documentation, which, according to generally
accepted accounting principles, procedures and practices, sufficiently and properly reflect all
program costs expended in the performance of this Agreement.
B. The Grantee agrees to comply with the audit requirements of Section 215.97, Florida Statutes, and
those found in Attachment D, Special Audit Requirements as applicable.
C. The Grantee shall include the audit and record keeping requirements described above and in
Attachment D, Special Audit Requirements, in all subcontracts and assignments with sub-grantees
~~
Grant Agreement No. ARS056, Page 4 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
of funds according to Section 215.97, Florida Statutes. For purposes of this Agreement, "sub-
recipient" shall be defined in accordance with Section 215.97(2)(x), Florida Statutes.
D. The Grantee must provide copies of any audit referencing this Agreement, the audit transmittal
letter, and any response to such audit to the Conunission within 30 calendar days of its receipt. The.
Grantee should confer with its chief fmancial officer, audit duector or contact the Commission for
assistance with questions pertaining to the applicability of these requirements.
18. A. The Grantee may subcontract work under this Agreement upon the condition that each Attachment
C, Monthly Progress Report, contains a current list of subcontractors, the amount of each
subcontract and a short description of work to be performed by that subcontractor. The Grantee
shall be solely responsible for all work performed and all expenses incurred in connection with the
development and implementation of the services, programs and activities under this Agreement
whether directly performed or by subcontract.
B. The Grantee shall not enter into subcontracts in which the Commission or USDOE could be held
liable to a subcontractor for any expenses or liabilities. The Grantee shall defend and hold the
Commission and USDOE harmless of any liabilities, as applicable by Florida laws, incurred under
any of the subcontracts entered into by the Grantee. The Grantee shall be liable for all work
performed and all expenses incurred as a result of any subcontract.
C. The Grantee is encouraged to use small businesses, including minority, woman and service-
disabled veteran-owned businesses as subcontractors or sub-vendors under this Agreement. The
Grantee shall report to the Commission in each, Attachment C, Monthly Progress Report, its
expenditures with minority, woman and service-disabled veteran-owned businesses. The directory
of State of Florida certified minority, woman and service-disabled veteran-owned businesses can
be accessed from the website of the Department of Management Services, Office of Supplier
Diversity. The Attachment C, Monthly Progress Report, shall contain the names and addresses of
the minority, woman and service-disabled veteran-owned businesses; the aggregate dollar figure
disbursed that month for each business; the time period; type of goods or services and whether the
business is minority, woman or service-disabled veteran-owned. If no expenditures were made to
minority, woman and service-disabled veteran-owned businesses, the Grantee shall state "None"
on that portion of the Attachment C, Monthly Progress Report.
19. The Grantee agrees to permanently refirain from using or mentioning its association with the Commission in
advertisements, letterhead, business cards, etc. The Grantee's project with the Commission may be
generally stated and described in the Grantee's professional resume. The Grantee may not give the
impression in any event or manner, that the Commission endorses or recommends the Grantee.
20. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after
December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress, in connection with the awarding, renewal,
amending or modifying of any Federal contract, grant, or cooperative agreement. If any
non-Federal funds are used for lobbying activities as described above, the Grantee shall submit
Attachment I, Standard Form-LLL, Disclosure of Lobbying Activities, and shall file quarterly
updates of any material changes. The Grantee shall require the language of this certification to be
included in all subcontracts, and all subcontractors shall certify and disclose accordingly. [10 CFR
Part 601]
B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using
funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch
or a State agency.
Grant Agreement No. ARSQ56, Page 5 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of
the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless
such organization warrants that it does not, and will not, engage in lobbying activities prohibited
by the Act as a special condition of the subgrant. This restriction does not apply to loans made
pursuant to approved revolving loan programs or to contracts awarded using proper procurement
procedures.
21. The Grantee shall comply with all applicable federal, state and local rules and regulations. The Grantee
acknowledges that this requirement includes compliance with all applicable federal, state and local health
and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts
issued as a result of this Agreement.
22. The Grantee agrees to comply with, and include as appropriate in subcontracts, the applicable regulations
listed in Attachment E, Federal Regulations, and the provisions contained in Attachment F, Federal Funding
Grantee, Sub-grantee and Contractor Provisions.
23. The Commission's Grant Manager for this Agreement is identified below.
Commission Grant Mana er: Mark Hermanson
Florida Energy and Climate Commission
Executive Office of the Governor
600 South Calhoun Street, Suite 251
Tallahassee, FL 32399-0001
Tele hone No.: 850-414-8524
Fax No.: 850-922-9701
E-mail Address: Mark.Hermanson eog.myflorida.com
24. The Grantee's Representative for this Agreement is identified below.
Glenn Henderson
Grants/Resource Develo er
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982-5632
Tele hone No.: 772-462-6412
Fax No.: 772-462-2535
E-mail Address: breener stlucieco.org
Grantee D-U-N-S : 072215403
Grantee CCR Registration
Ex iration Date: 1/19/2011
25. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the
work of this project. The Grantee shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the Tatter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully
with the Florida Workers' Compensation law. The Grantee shall provide, and cause each subcontractor to
provide, adequate insurance satisfactory to the Commission, for the protection of its employees not
otherwise protected if any class of employees engaged in hazardous work under this Agreement is not
protected under Workers' Compensation statutes.
26. Documentation of all insurance coverages) required below, shall be submitted by the Grantee to the
Commission. Upon expiration of documented proof of insurance coverage, the Grantee shall submit proof
Grant Agreement No. ARS056, Page 6 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
of continued insurance coverage to the Commission within 30 calendar days of insurance coverage
expiration.
The Grantee, as an independent contractor and not an agent, representative, or employee of the
Commission, agrees to carry adequate liability and other appropriate forms of insurance. The Commission
shall have no liability except as specifically provided in this Agreement.
27. The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
28. Upon satisfactory completion of this Agreement, with Commission approval, the Grantee may retain
ownership of the non-expendable personal property or equipment purchased under this Agreement.
However, the Grantee shall complete and sign Attachment J, Property Reporting Form, and submit it to the
Commission as an attachment to the Attachment B, Payment Request Summary Form, in which these costs
are documented for reimbursement or match. The following terms shall apply:
A. The Grantee shall have use of the non-expendable personal property or equipment for the
authorized purposes of the contractual arrangement as long as the required work is being
performed.
B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the
non-expendable personal property or equipment in good operating condition.
C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused
by the use of, non-expendable personal property or equipment purchased with state funds and held
in his possession for use in a contractual arrangement with the Commission.
D. All purchase and disposition of equipment shall be in accordance with 10 CFR Part 600.
29. The employment of unauthorized aliens by any Grantee/vendor is considered a violation of Section 274A(e)
of the Immigration and Nationality Act. If the Grantee/vendor knowingly employs unauthorized aliens,
such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this
Agreement. .
30. A. No person on the grounds of race, creed, color, national origin, age, sex or disability shall be
excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in performance of this Agreement.
B. The Grantee agrees to comply with l 0 CFR Part 1040 "Nondiscrimination in Federally Assisted
Programs."
C. The Grantee affums that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes,
and that at no time has the Grantee been placed on the Discriminatory Vendor List. The Grantee
further agrees that it shall not violate such law and acknowledges and agrees that placement on the
list during the term of this Agreement may result in the termination of this Agreement.
D. The Grantee affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes,
and that at no time has the Grantee been convicted of a Public Entity Crime. The Grantee agrees
that it shall not violate such law and further acknowledges and agrees that any conviction during
the teen of this Agreement may result in the termination of this Agreement. The Grantee shall
insert a provision in accordance with this paragraph in all subcontracts for services in relation to
this Agreement.
Grant Agreement No. AR5056, Page 7 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. AR5056
31. Land acquisition is not authorized under the terms of this Agreement.
32. A. If the Grantee brings to the performance of this Agreement pre-existing intellectual property, the
Grantee shall retain all rights and entitlements to that pre-existing intellectual properly.
B. All patent nights, copyrights, and data rights must be in accordance with 10 CFR Part 600 as
referenced in Attachment H, Intellectual Property Provisions.
C. If, during the course of the Agreement, the Grantee modifies apre-existing invention to the point
where it is a new invention, patentable in its own right, or if any discovery or subject invention
arises or is developed in the course of, or as a result of, work or services performed under this
Agreement, or in any way connected herewith, the Grantee shall retain the entire right, title, and
interest to each discovery or subject invention, subject to the provisions of this Section. With
respect to any subject invention in which the Grantee retains title, the Commission shall have a
royalty-free, nonexclusive, transferable, irrevocable, paid up license to practice or have practiced
for, or on behalf of, the Commission or the State of Florida the subject invention and sublicense
the same.
D. In the event that any books, manuals, films, or other copyrightable material are produced, which
are intended to be made available to the public, the Grantee shall notify the Commission. The
Commission shall have aroyalty-free, nonexclusive and irrevocable right to reproduce, publish, or
otherwise use the work, and to authorize others to do the same. The Grantee hereby grants the
Commission full authority and right to modify or create derivative works of, or allow others to
modify or create derivative works on behalf of the Commission, any publications first produced
under this Agreement. Any content submitted to the Commission which is asserted to be exempt
under Florida's Public Records Act, Chapter 1 l 9, Florida Statutes, shall be clearly marked
"business proprietary", "exempt," "confidential," or "trade secret" (as applicable), with the
statutory basis for such claim of exemption, confidentiality, or trade secret specifically identified in
writing. Failure to identify any such content shall constitute a waiver of any claimed exemption,
co~dentiality, or trade secret.
E. The terms and conditions specified in Section 32 shall also apply to any subcontracts made under
this Agreement. The Grantee shall be responsible for informing the subcontractor of the
provisions of this Section and obtaining disclosures.
33. The Grantee is encouraged to publish or otherwise make publicly available the results of the work
conducted under this Agreement. USDOE requires an acknowledgement of Federal support. A disclaimer
must appear in the publication of any material, copyrighted or not, which was based on or developed under
this Agreement, as follows:
Acknowledgement: "This material is based upon work supported by the U.S. Department of
Energy and the Florida Energy and Climate Commission under Award Number DE-EE0000241."
Disclaimer: "This report was prepared as an account of work sponsored by an agency of the
United States Government. Neither the United States Government nor any agency thereof, nor any
of their employees, nor any of their contractors, subcontractors or their employees, makes any
warranty, express or implied, or assumes any legal liability or responsibility for the accuracy,
completeness, or any third party's use or the results of such use of any information, apparatus,
product, or process disclosed, or represents that its use would not infringe privately owned rights.
Reference herein to any specific commercial product, process, or service by trade name,
trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement,
recommendation, or favoring by the United States Government or any agency thereof or its
contractors or subcontractors. The views and opinions of authors expressed herein do not
necessarily state or reflect those of the United States Government or any agency thereof."
Grant Agreement No. ARS056, Page 8 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
34. The Grantee shall not develop any software or databases under the terms and conditions of this
Agreement.
35. The Parties agree they will seek to resolve any disputes between them regarding their responsibilities as
soon as possible and at the lowest level reasonable, in order to conserve the resources of the Parties. The
Parties further agree to use their best efforts to assure speedy and non-confrontational resolution of any and
all disputes between them.
36. This Agreement is executed and entered into in the State of Florida and shall be construed, performed and
enforced in all respects in accordance with the laws and rules of the State of Florida. Any litigation arising
under this Agreement shall be brought in the appropriate court in Leon, County, Florida, applying Florida
Law.
37. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties and attached to the original of this Agreement, unless
otherwise provided herein.
38. The following Attachments are incorporated into this Agreement:
Attachment A Grant Work Plan
Attachment B Payment Request Summary Form
Attachment C Monthly Progress Report
Attachment D Special Audit Requirements
Attachment E Federal Regulations
Attachment F Federal Funding Grantee; Sub-grantee and Contractor Provisions
Attachment G Debarment and Suspension Form
Attachment H Intellectual Property Provisions
Attachment I Disclosure of Lobbying Activities
Attachment 7 Property Reporting Form
Attachment K Annual Report
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written
below.
ST L
Date:
OF
,~ ;. .
•:
,...~,~
APP OVED AS TO RM
N S:
C UNTY A RI 1EY
STATE OF FLORIDA, EXECUTSVE OFFICE OF
THE GOVERNOR, Florida Energy and Climate Commission
~~•. _ ~ y Alex nder Mack
`~'~'~, Program Administrator
1 - 3c- tl
Grant Agreement No. ARSQ56, Page 9 of 53
ATTACHMENT A
GRANT WORK PLAN
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARDS
A. PROJECT TITLE: Empower St. Lucie
B. PROJECT LOCATION: St. Lucie County, Florida
C. PROJECT BACKGROUND:
The St. Lucie Solar and Energy Fund (SELF) program provides loans for energy retrofits and solar enhancements.
The financial model overcomes the high upfront cost of energy and efficiency improvements and will produce
energy savings to offset the repayment of principal and interest on the loans. To qualify for the program a property
owner must have an energy assessment (audit). The Grantee will use funds to pay for the cost of the energy
assessment as an incentive for property owners to take advantage of the SELF loan program. Approximately 800 (2
per day for 20 months) energy assessments will be conducted as a result of this project. Iu addition, this program
will educate homeowners and the general public about the benefits of adding energy efficiency and renewable
energy improvements. To reach. the potential mazket, news releases and public service announcements will offer the
program to the community, and a brochure will be developed to describe the program to potential recipients.
Further information and presentations regazding the energy audit, energy efficiency equipment, financing
advisability and the SELF program will be provided by the executive director, energy auditor/inspector and energy
assessors who will make in-home visits.
Grant funds will pay for approximately 800 energy assessments ($375 of the estimated $400 cost) performed on
properties in St. Lucie County whose owners are interested in participating in SELF program. The loan fund is
currently developing criteria and standards for hiring the energy assessors. The fund is considering employing
energy raters who aze working with the Indiantown Non-Profit Housing Inc., the local Weatherization Assistance
Program provider. These raters have akeady developed valuable experience in weatherization and energy
enhancements. As the program progresses, the fund hopes to hire and train its own raters.
The program will chazge $25 cash for the assessment. This combined with $375 from grant funding would fund the
expected $400 cost of each assessment. The program estimates that 30 percent of those who receive an assessment
will choose to participate in the loan program. This is a conservative estimate based upon results from similar
programs nationwide. Using that projection, 240 of the property owners who receive assessments would take out
loans to retrofit their homes. Of those loans, 70 will be used as match for this grant. The loans will be provided
initially by SELF, which will operate a pilot program for the initial 20 loans. In the future, SELF may subcontract
the lending functions to banks and credit unions as the program. expands. Ultimately, SELF hopes to be certified as a
Community Development Financing Institution which will enable it to provide loans for energy improvements,
conservation and enhancements for years to come.
Grant Agreement No. ARS056, Page 10 of 53
ATTACHMENT A
GRANT WORK Pr.AN
D. PROJECT OBJECTIVES:
• Objective 1: To reduce power consumption and home energy costs by funding energy audits which are
required for energy efficiency and renewable energy improvements through the SELF program.
E. PROJECT DESCRIPTION: The following tasks will be performed in order to meet the project objective
outlined above.
• Task 1: Select Energy Assessors
Task la: Develop criteria for engaging energy assessors
Task lb: In accordance with 10. CFR 600 and SELF guidelines, select energy assessors
• Task 2: Market and Educate Potential Loan Recipients
Task 2a: Contact list of interested loan recipients to initiate participation for pilot program
Task 2b: Develop marketing brochure, press release and/or public service announcement for full-scale
program
Task 2c: Submit to commission for review
• Task 3: Implement Residential Energy Audits
Task 3a: Complete approximately two audits per day
Task 3b: Coordinate educational presentations for potential loan participants
Task 3c: Submit a copy of all educational materials and a list of seminar participants to the
Commission documenting the energy efficiency conservation efforts of the project
• Task 4: Final Report
Submit a report to the Commission including the contract between the loan provider and the property
owner, copies of utility bills to document energy savings and/or a log showing pre- and post-retrofit
energy consumption, and any applicable invoices.
F. PROJECT MILESTONES/DELIVERABLES/OUTPUTS:
The table below identifies the month of the project each task will start and be accomplished.
No.
~ Task/Activity Description
Deliverables/Outputs
Start Date Deliverable
/Output
Due Dates
1 Select Energy Assessors Contract signed. Month 1 Month 2
2 Market and Educate Potential Marketing and educational Month 3 -Month 4
Loan Recipients materials complete. Submit to
commission
3 Implement Residential Energy Audits complete. Month 2 Month 20
4 Audits
Final Report
Submit the contractbetween
Month 20
Month 20
the loan provider and property
owner, copies of utility bills
and/or log to document
energy savings, and any
applicable invoices.
Grant Agreement No. ARS056, Page 11 of 53
ATTACHMENT A
GRANT WORK PLAN
G. PROJECT BUDGET:
The budget below summarizes the project by Funding Category. All dollar amounts are rounded to the nearest whole
dollar value.
Funding Category
Grant Funds Cost Share: Matching Funds and
Other In-Kind Contributions
Funding Source of Funds
1. Salaries $0 $0 N/A
2. Fringe Benefits $0 $0 N/A
3. Travel (if authorized) $0 $0 N/A
4. Sup lies/Other Ex enses $0 $0 N/A
5. Equipment $0 $0 N/A
6. Contractual Services $300,000 $545,000 Lenders/Property
Owners
7. Indirect (if authorized) $0 $0 N/A
Total Project Budget $300,000 $545,000 N/A
Total Project Cost $845,000 =Grants Funds + Cost Share
Cost Share Percentage 64.5% =Cost Share /Total Project Cost
I3. 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.
Project Task
Grant Funds Cost Share: MatchingFuuds.and
Other In-Kind Contributions
Matchin Funds 5ouice
1 Select Energy Auditors $0 $0 N/A
2 Market and Educate Potential
Loan Reci Tents $0 $0 /NA
3 Implement Residential Energy
Audits $300,000 $20,000
$525,000 Property Owners Audit
Fees Bank/Credit Union
Loans
Totals: $300,000 $545,000 .
Total Project Cost: $845,000
Grant Agreement No. ARS056, Page 12 of 53
ATTACHMENT A
GRANT WORK PLAN
I. BUDGET DETAIL:
Using the definitions provided below, the detailed, line-item budget clarifies the Budget Summary shown in Section
G. Budget Category Sub-Totals have been rounded to the nearest whole dollar value. Up to 10% of grant funds may
be used for administrative costs, excluding the cost of meeting reporting requirements of the program.
Administrative costs are defined as: allowable, reasonable, and allocable Direct and Indirect costs related to overall
management of the awarded grant (including travel). For each budget line-item, the appropriate column identifies if
the cost is: 1) Grant or Match, 2) a Direct cost used to calculate Indirect Costs (if approved) and 3) whether the cost
is Administrative in nature. A description of what is required for each budget category is as follows:
1. 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
Commission will only reimburse for travel at the appropriate State of Florida rate (Section 112.061, Florida
Statutes), using the forms referenced in Attachment B, Payment Request Summary Form. Be prepared to
provide the Commission with details on costs utilized to calculate the "Amount Budgeted" for each trip.
4. Supplies & Other Expenses -List expendable supplies by category description, unit costs and quantity. List
other expenses not included in any of the above categories. Examples would be printing, copying, postage,
communications, etc. Non-expendable equipment valued at less than $1,000 maybe listed also. Include only
expenses directly related to the project, not expenses of a general nature. For Match only, list costs related to
donated real property such as land (not to exceed the fair market value of the property).
5. Equipment -List non-expendable personal property/equipment valued at $1,000 or more by description, unit
cost, and quantity. Computers and data-processing equipment should be described in detail.
6. Conb-actual Services -Subcontractors should provide the same information required by this budget table, with
the following exceptions: (a) when professional services are provided at apre-existing approved rate or fee
shown on the budget; or (b) the subcontract is to be obtained competitively. For either (a) or (b), show an
estimated maximum amount.
7. Indirect Costs/Rate -Indirect Costs are not authorized
8. Total Budget CateQOry -Show the total of all line-items within a Budget Category.
9. Total Budget -Show the total of all categories.
Grant Agreement No. ARS056, Page 13 of 53
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Grantee•
Mailing Address:
Grant Agreement No.:
Date Of Request:
Amount Requested:$
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. AR5056
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARDS
Grantee's Representative:
Reimbursement Request No.:
Reimbursement
Period• to _
Percent Matching
Required•
PROJECT EXPENDITURES SUMMAJf2Y SECTION
AMOUNT OF TOTAL MATCHING TOTAL
CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS CUMULATIVE
PAYMENTS MATCHING
FUND5
1. Salaries $ $ $ $
2. Fringe Benefits $ $ $ $
3. Travel (if authorized $ $ $ $
4. Supplies/Other Expenses $ $ $ $
5. E ui ment $ $ $ $
6. Contractual Services $ $ $ $
7. Indirect Costs (if authorized $ $ $ $
TOTAL AMOUNT EXPENDED $ $ $ $
Less Retainage* $ $
(10% of TOTAL AMOUNT EXPENDED)
TOTAL AMOUNT TO BE REIMBURSED $ $
AGREEMENT AMOUNT ~ $
Less TOTAL AMOUNT EXPENDED: $ $
TOTAL AVAILABLE BALANCE $ $
n _ „~ „~'
* The cumulative Retainage amount shau be reimnursea 071 Llle PL!!uL 1\el!/cuur ~cincn.c twyucoy w~• yr. ~ •V--
the Final Report by the Commission's Grant Manager.
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
is for items that were charged to and utilized only for the above ctten grant acuvxues.
Grantee's Representative's Signature Grantee's Fiscal Agent
Print Name
Telephone Number
Print Name
Telephone Number
Grant Agreement No. ARS056, Page 17 of 53
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a
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARSOS6
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
GRANTEE: Enter the name of the Grantee's agency, as reflected on your Grant Agreement.
MAILING ADDRESS: Enter the reimbursement mailing address.
GRANT AGREEMENT NO.: This is the six-digit number on your Grant Agreement.
DATE OF REQUEST: This is the date the Grantee is submitting the request for reimbursement.
AMOUNT REQUESTED: This is the amount on the "TOTAL AMOUNT TO BE REIMBURSED" line for the "AMOUNT OF
THIS REQUEST' column.
GRANTEE'S REPRESENTATIVE: This is the person identified as Grantee's Representative in the Grant Agreement.
REIMBURSEMENT REQUEST NO.: This is the number of the reimbursement request, not the month number. The first
reimbursement request submitted shall be number 1 and subsequent reimbursement requests shall be numbered in ascending
numerical order.
REIMBURSEMENT PERIOD: This is the beginning date (dd/mm/yyyy) and ending date (dd/mm/yyyy} of the
reimbursement period.
PERCENT MATCHING REQUIltED: Enter the Match requirement here, as reflected on the approved Attachment A,
Grant Work Plan.
PROJECT EXPENDITURES SUMMARY SECTION
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount paid during the reimbursement period. Provide accurate
costs and do not round fgures to the nearest whole dollar value All costs included in the reimbursement request must agree
with the approved Project Budget in the current Attachment A, Grant Work Plan of your Grant Agreement. Do not request
reimbursement for costs that do not have an associated, approved, funded budget category or approved, funded budget line-
item in the current Project Budget. Do not claim items that are not specifically identified in the current Budget Detail as
reflected in Section I of the current Attachment A, Grant Work Plan.
• Enter the column total on the "TOTAL AMOUNT EXPENDED" line. The figures reflected for each approved budget
category must correspond with the budget category amount reflected on the associated Grant Reimbursement Detail
Form.
• For the "Less Retainage" line, calculate 10% of the "TOTAL AMOUNT EXPENDED" for this reimbursement request;
this figure must be shown in brackets (e.g. <$X,XXX.XX>) to reflect that the amount will be deducted from the
"TO~'AL AMOUNT EXPENDED ". '
• -For the "TOTAL AMOUNT TO BE REIMBURSED" line, deduct the "Less Retainage" amount from the "TOTAL
AMOUNT EXPENDED ".
• For the "AGREEMENTAMOUNT', enter the total amount of the Grant Agreement. For the "Less TOTAL AMOUNT
EXPENDED" line, enter the total amount expended as reflected on this reimbursement request and all previous
reimbursement requests.
• For the "TOTAL AVAILABLE BALANCE" line, deduct the "Less TOTAL AMOUNT EXPENDED" amount from the
"AGREEMENT AMO UNT'.
• For o~ the Final Reimbursement Request, the Grantee may request reimbursement of all previously deducted
Retainage on the condition that the Final Report for the project has been submitted and approved by the Commission's
Grant Manager. To request reimbursement of Retainage, reflect the cumulative amount of Retainage as a positive
figure (no brackets) in the "Less Retainage" line and add it to the "TOTAL AMOUNT EXPENDED" to reflect the final
"TOTAL AMOUNT TO BE REIMBURSED" amount.
"TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts previously submitted for
reimbursement to date for each approved, funded budget category. Provide accurate costs and do not round figures to the
nearest whole dollar value.
On the "Less Retainage" line, enter the total cumulative amount of Retainage deducted from all reimbursement
requests.
On the "TOTAL AMOUNT TO BE REIMBURSED" line, deduct the cumulative "Less Retainage" amount from the
cumulative "TOTAL AMOUNT EXPENDED".
The Final Reimbursement Request must show the total of all reimbursements; first through the final reimbursement
(this amount cannot exceed the approved, funded budget amount for each budget category). Enter the column total on
the "TOTALS" line.
Grant Agreement No. ARSOS6, Page 22 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
"MATCHING FUNDS" COLUMN: Enter the amount documented as Match for the reimbursement period. Provide
accurate costs and do not round figures to the nearest whole dollar value _This needs to be shown under specific budget
categories according to the currently approved Attachment A, Grant Work Plan.
• Enter the total for all budget categories on the "TOTAL AMOUNT EXPENDED" line for this column.
• Enter the total Match budget amount on the "AGREEMENT AMOUNT' line for this column. This amount must
correspond with the minimum Match amount specified in Section 4.A of the Grant Agreement and as reflected on the
currently approved Attachment A, Grant Work Plan.
• Enter the total cumulative amount of this and any previous Match documented on the "LESS TOTAL AMOUNT
EXPENDED" line for this column.
• Deduct the "LESS TOTAL AMOUNT EXPENDED" from the "AGREEMENT AMOUNT' for the amount to enter on
the "TOTAL AVAILABLE BALANCE" line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount documented to date for Match
by budget category. Enter the total of all budget categories on the line titled "TOTALAMOUNT EXPENDED." The Final
Reimbursement Request must reflect the total of all documented Match, beginning with the first Match documentation through
the final Match documentation, etc.
The proportion of cumulative Matching funds as of the final Match documentation must equate to the Cost Share Percentage as
reflected on the current, approved Attachment A, Grant Work Plan of the Grant Agreement. if insufficient "TOTAL
CUMULATNE MATCHING FUNDS" are submitted, the Final Reimbursement Request of grant funds shall be reduced to
ensure that the Cost Share Percentage
GRANTEE CERTIFICATION: The Payment Request Summary Form must be signed by both the Grantee's Representative
as identified in the Grant Agreement and the Grantee's Fiscal Agent to be approved for reimbursement.
NOTE: If requesting reimbursement for travel, you must include copies of all travel receipts and a copy of the
Commission's properly completed travel reimbursement form (in the format approved by the Department of Financial
Services, Chief Financial Officer) that has been signed by both the traveler and the traveler's supervisor.
Grant Agreement No. ARS056, Page 23 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
INSTRUCTIONS FOR COMPLETING
GRANT REIMBURSEMENT DETAIL and
MATCH DOCUMENTATION DETAII.
Provide a detailed, line-item description using the worksheet provided for each Budget Category of funds Grantee is requesting
for reimbursement or documentation of Match. Costs listed on the Grant Reimbursement Detail must reflect information on
supporting documentation, must correspond with the approved Project Budget, the Payment Request Summary Form -Project
Expenditures Summary Section and accompanying supporting documentation. The description of each line-item must include
the month and year that the item was received; this month and year must fall within the Reimbursement Period. Any line-item
with a corresponding month and year prior to the Reimbursement Period must be accompanied by a statement that this cost was
not included in a prior Reimbursement Request. For each budget line-item, identify if the cost is: 1) Grant or Match, 2) a Direct
cost used to calculate Indirect Costs (if approved), and 3) whether the cost is Administrative in nature. Provide accurate costs
and do not round the amounts to the nearest whole dollar value.
Supporting documentation for each amount for which reimbursement is being requested must: 1) list the item that has been
paid for, 2) be submitted in the order in which items are shown on the Grant Reimbursement Detail and the Match
Documentation Detail and 3) be either highlighted or circled. Check numbers maybe provided in lieu of copies of the actual
checks. If an item was purchased with a credit card, reflect "paid by credit card" on Grant Reimbursement Detail or the Match
Documentation Detail, in lieu of a check number and provide vendor receipt reflecting that the item was paid by credit card
(this can be hand written) along with a copy of related credit card statement (credit card number and other confidential
information maybe blacked out). Each piece of documentation must clearly reflect the dates of service. Only expenditures for
budget categories and budget line-items in the approved Project Budget will be reimbursed or documented as Match. Listed
below are the types of documentation and examples of minimum requirements.
(1) Salaries: A payroll register or similar documentation should be maintained. The payroll register should show gross
salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being
claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee, e.g., insurance premiums paid. If the Grant Agreement specifically states that fringe benefits will be based
on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits•
amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, including
submission of the claim on the approved state travel form that has been signed and dated by the traveler and the
traveler's supervisor and copies of all travel receipts must also be attached. For additional information on
documentation of travel costs, contact the assigned Commission Grant Manager.
(4) Supplies -Other Expenses: Reimbursement will be made based on paid invoices/receipts.
(5) Equipment: Reimbursement will be made based on paid invoices/receipts. Attachment J, Property Reporting Form,
must be properly completed, signed and attached to the Attachment B, Payment Request Summary Form for each item
of equipment requested for reimbursement or match documentation.
(6) Contractual Services: Reimbursement will be made based on paid invoices/receipts. Subcontractors must be listed
on Attachment C, Monthly Progress Report, for the corresponding reimbursement period.
(7) Indirect Costs: If the Grant Agreement allows recovery of Indirect Costs, the calculation of these costs must be
based upon direct costs reflected in the corresponding reimbursement period, utilizing the Induect Cost rate in the
approved Project Budget.
Grant Agreement No. ARS056, Page 24 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
ATTACHMENT C
MONTHLY PROGRESS REPORT
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARD
Grant A reement No.: ARS056
Grantee Name:
Grantee Address:
Grantee's Re resentative: Tele hone No.:
Monthl Re ortin Period:
Pro'ect Number and Title: , . ;; ::
A Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met, provide reasons
why.)
B. Provide an update on the number of jobs created or retained, quantify the reduction of
greenhouse gasses and the energy saved in kWh or BTU.
C. Provide an update on the estimated time for completion of the project and an explanation for
any anticipated delays.
Grant Agreement No. ARS056, Page 25 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
D. Provide any additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
E. Identify below, and attach copies of, any relevant work products being submitted for the project
for this reporting period (e.g., report data sets, links to on-line photographs, etc.)
F. Provide a project Grant Budget update, comparing the Grant Project Budget to actual costs to
date.
Grant Grant
Grant Budget Total Grant Expenditures Expenditures this Grant Project
Category Project Prior to this Reporfing Period Funding Balance
Bud et Re ortin Period
Y. Salaries
2. Fringe Benefits
3. Travel (if authorized)
4. Supplies/Other
Ex enses
5. Equipment
6, Contractual Services
7. Indirect Costs
(if authorized)
8. Total of all Grant
Bud et Cate ories
Grant Agreement No. ARS056, Page 26 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
G. Provide a project Match Budget update, comparing the Match Project Budget to actual costs to
date.
Match Match
Match Budget
Categoxy Total Match
Project Expenditures
Prior to this Expenditures this
Reporting Period Match Project
Funding Balance
Bud et Re ortin Period
1. Salaries
2. Fringe Benefits
3. Travel (if authorized)
4. Supplies/Other
Ex enses
5. Equipment.
6, Contractual Services
7. Indirect Costs
(if authorized)
8. Total of all match
Budget Cate ories
H.
REPORTING
'73uildin Iteinrofits .
Number of
Buildings
Retrofitted
S . Ft. Retrofitted
Buildin Ener Audits
Number of
Audits
Performed
Floor Space
Audited
Auditor's
Projection of
Energy Saved
Grant Agreement No. ARS056, Page 27 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
Itenewable~uer~y
~:;
Market I)~velopment , ~ .
Number of Loans
Given
Monetary value of
Loans Given
Number of Grants
Given
Monetary value of
Grants Given
Number of Solar
Energy Systems
Installed
Total Capacity
of Solar Energy
Systems
Number of Wind
Energy Systems
Installed
Total Capacity
of Wind Energy
Systems
Number of other
Renewable
Energy Systems
Installed
Total Capacity
of other
Renewable
Energy Systems
Grant Agreement No. ARS056, Page 28 of 53
FLORIDA ENERGY AND CLIMATE COMMI55ION
GRANT AGREEMENT NO. ARS056
,;~; l i +usuortah~n 1,
Number of
Alternative Fuel
Vehicles Purchased
Number of Vehicle
Conversions to
Alternative Energy
Number of New
Alternative Fueling
Stations
Number of
Carpools and
Van ools Formed
Number of Energy
Efficient Traffic
Signals Installed
Number of Street
Lane Miles for
which
Synchronized
Traffic Signals
were Installed
t~o~
Number of
Workshops,
Training and
Education
Sessions Held
Number of
People
Attending
Workshops,
Training and
Education
Sessions
Grant Agreement No. ARS056, Page 29 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
,,
i
Euer ~ayints... .~I
Reduction in
Natural Gas
Consumption
(~~fl
Reduction in
Electricity
Consumption
(MWh)
Reduction in
Electricity Demand
(MW)
Reduction in
Natural Gas
Consumption
(~c~
Reduction in Fuel
Oil Consumption
(gallons)
Reduction in
Propane
Consumption
(gallons)
Reduction in
Gasoline and
Diesel
Consumption
(gallons)
Amount of wind-
powered electric
generating capacity
installed
Amount of
electricity
generated from
wind systems
(MWh)
Reheable Energ,
~~~ 11
C~p~~city and, , ...`_ I
'~eueratiori
Amount of
photovoltaic
generating
capacity
installed (MW)
Amount of
electricity
generated from
photovoltaic
systems (MWh)
Amount of
electric
generating
capacity from
other renewable
sources installed
(MW)
Amount of
electricity
generated from
othersenewable
sources (MWh)
Tons Carbon
Emission
Reduction (C02
Tons of Sulfur
Dioxide
Emission
Reduction (C02
Tons of Nitrogen
Oxide Emission
Reduction (C02
Tons of Carbon
Monoxide
Emission
Reduction (C02
I. SUBCONTRACTOR LIST
Grant Agreement No. ARS056, Page 30 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
The Grantee may subcontract work under this Grant Agreement without the prior approval of the Grant Manager, upon
the condition that each Monthly Progress Report must contain a current list of subcontractors, as required in Section
18.A of the Grant Agreement.
*If grantee does not have subcontractor s, please state hone ~ below
Nameof .. " Current Total Amount Descnphon of Work"
.,. '
. Subcontractor ., _. "Address `' of each~Si-licontract'. ,.:: Performed
J. MINORITY/WOMAN/SERVICE-DISABLED VETERAN-OWNED BUSINESS LIST
The Grantee is encouraged to use small businesses, including minority, woman and service-disabled veteran-
owned businesses as subcontractors under this Grant Agreement. As required in Section 18.C of the Grant
Agreement, the Grantee is required to report information concerning their use of such businesses in each
Monthly Progress Report.
*Ifgrantee does ~zot have any subconU-acts with niino~•ity/wonTan/service-disabled veteran- owned businesses, please
state 'None "below -
Total Amoiunt
Paid to Bus2ness Description of
durmg,tlis Goods/Services';
Name"of _ Reporting Reporting provided by.;" ;
. _ .Tess.. P..einod. month :: Fenod ;. ;. Bpsmess ~ ;
Business Add
This report is submitted in accordance with the reporting requirements of Grant Agreement No. ARS056 and
accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Representative
Date
Grant Agreement No. ARS056, Page 31 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
ATTACHMENT D
SPECIAL AUDIT REQUIltEMENTS
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARDS
The administration of resources awarded by the Florida Energy and Climate Commission (hereinafter referred to as the
"Commission") to the recipient (hereinafter referred to as the "grantee" or "recipient"), may be subject to audits and/or
monitoring by the Commission, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see
"AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope
audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the
event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to
comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer
or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or anon-profit organization as defined in OMB Circular
A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a
single or pxogram-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB
Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1. the recipient shall fulfill the requirements
relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with
the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in
Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-
133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from
recipient resources obtained from other than Federal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the Internet
at htto://12.46.245.173/cfda/cfda.html.
Grant Agreement No. ARS056, Page 32 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in
any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received from the Commission, other state agencies and other nonstate entities.
State financial assistance does not include Federal direct orpass-through awards and resources received by a nonstate entity for
Federal program matching requirements.
In connection with the audit requirements addressed in paragraph 1, the recipient shall ensure that the audit complies
with the requirements of Section 215.97, Florida Statutes. This includes submission of a financial reporting package as
defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for-profit organizations), Rules of the Auditor General.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient
expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-
state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other
than State entities).
The recipient must include the record keeping requirements found herein in subcontractor agreements entered into for
work required under terms of this Agreement. In the executed subcontract, the recipient shall provide each
subcontractor of state financial assistance the information needed by the subcontractor to comply with the
requirements of Section 215.97, F1oFida Statutes. Pursuant to Section 215.97, Florida Statutes, the recipient shall ' .
review and monitor subcontractor audit reports and perform other procedures as specified in the agreement with the
subcontractor, which may include onsite visits. The recipient shall require subcontractors, as a condition of receiving
state financial assistance, to permit the independent auditor of the recipient, the Commission, the Chief Financial
Officer, the Chief Inspector General and the Auditor Genera] access to the subcontractor's records and independent
auditor's working papers as necessary to comply with the requirements of Section 215.97, Florida Statutes.
For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the
Florida Single Audit Act website located at https~//apps fldfs.com/fsaa for assistance. In addition to the above
websites, the following websites maybe accessed for information: The Florid Legislature's Website at
http•//www leg state fl us/Welcome/index.cfm, the State of Florida's website at http~//www myflorida.com/, the
Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at
htty'//www state.fl.us/audgen.
PART III: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required
by Part I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised,
by or on behalf of the recipient directl to each of the following:
A. The Florida Energy and Climate Commission at the following address:
Audit Director or Grant Manager
Florida Energy and Climate Commission
Executive Office of the Governor
600 South Calhoun Street, Suite 251
Tallahassee, FL 32399-0001
Grant Agreement No. ARS056, Page 33 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARSOS6
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal
Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section
.320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address:
Audit Director or Grant Manager
Florida Energy and Climate Commission
Executive Office of the Governor
600 South Calhoun Street, Suite 251
Tallahassee, FL 32399-0001
Copies of fmancial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of
the recipient directly to each of the following:
A. The Florida Energy and Climate Commission at the following address:
Audit Director or Grant Manager
Florida Energy and Climate Commission
Executive Office of the Governor
600 South Calhoun Street, Suite 251
Tallahassee, FL 32399-0001
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five
years from the date the audit report is issued and shall allow access to such records upon request by the Commission or its
designee, Chief Financial Officer or Auditor General. The recipient shall ensure that audit working papers are made available
to the Commission or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the
date the audit report is issued, unless extended in writing by the Commission.
Grant Agreement No. ARS056, Page 34 of 53
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FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
ATTACHMENT E
FEDERAL REGULATIONS
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARDS
Formal regulations concerning administrative procedures for USDOE grants appear in Title 10 of the
Code of Federal Regulations. Grant program administrative regulations appear in Part 600. Other
USDOE regulations also impact grant programs. The following list contains regulations and Office of
Management and Budget Circulars which may apply to the work performed under this Agreement.
2 CFR 176 Award Terms for Assistance Agreements that include funds under the American
Recovery and Reinvestment Act of 2009, Public Law 111-5
2 CFR 901 Nonprocurement Debarment and Suspension
10 CFR 600 Financial Assistance Rules
10 CFR 601 New Restrictions on Lobbying
10 CFR 607 Government wide requirements for drug-free work place (financial assistance)
10 CFR 1039 Uniform relocation assistance and real property acquisition for federal and federally
assisted programs
10 CRF 1040 Nondiscrimination in Federally Assisted Programs or Activities
10 CFR 1041 Enforcement of Nondiscrimination on the basis of handicap in programs or
activities conducted by USDOE
10 CFR 1042 Nondiscrimination on the basis of sex in education programs or activities receiving
federal financial assistance
Other Federal Regulations
45 CFR Subtitle A Principles for Determining Costs Applicable to Research and Development Under
- Appendix E to
Part 74 Grants and Contracts with Hospitals
48 CFR 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that
coin ly with cost principles acceptable to the federal agency
Office of Mana ement and Bud et Circulars
A-21 Cost Principles for Educational Institutions
A-87 Cost Principles for State, Local, and Indian Tribal Governments
A-102 Grants and Cooperative Agreements with State and Local Governments
A-110 ~ Uniform Administrative Requirements for Grants and Agreements With Institutions
of Higher Education, Hospitals, and Other Non-Profit Organizations
A-122 Cost Principles for Non-Profit Organizations
A-133 Audit Requirements
Grant Agreement No. ARS056, Page 36 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
ATTACHMENT F
FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTOR
PROVISIONS
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARDS
All subgrants and contracts awarded by the Grantee, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity -All contracts shall contain a provision requiring compliance with E.O. 11246,
"Equal Employment Opportunity," as amended by E.O. 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) - A11 contracts and subgrants in excess of
$2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance
with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29
CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited
from inducing, by any means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or
reported violations to the Federal awarding agency.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) -When required by Federal program legislation, all
construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision
for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor
regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed
and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics
at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of
the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of
a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all
suspected or reported violations to the Federal awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) -Where applicable, all contracts awarded
by recipients in excess of $2000 for construction contracts and in excess of $2,500 for other contracts that involve
the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of
the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 %i times the basic
rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to
construction work and provides that no laborer or mechanic shall be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement -Contracts or agreements for the performance of
experimental, developmental, or research work shall provide for the rights of the Federal Government and the
recipient in any resulting invention in accordance with 10 CFR part 600.325, Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
Grant Agreement No. ARS056, Page 37 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
6. Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water PoIlution Control Act (33 U.S.C. 1251 et seq.),
as amended -Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the
recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) -Contractors who apply or bid for an award of $100,000 or
more shall file the required certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwazded from tier to tier up to the recipient.
S. 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).
10. Compliance with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of sex; (b)
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the
basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits
discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the
specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) which may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of Federal participation
in purchases.
12. Compliance with the provision of the Hatch Act (5 U.S.C. 1501 - 1508 and 7324 - 7328) which limit the
political activities of employees whose principal employment activities are funded in whole or in part with Federal
funds.
13. Comply, if applicable, with flood insurance purchase requirements of Section 102(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.
Grant Agreement No. AR5056, Page 38 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
14. Compliance with environmental standards which may be prescribed to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EP 11738; (c) protection of
wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e)
assurance of project consistency with the approved State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended,
(P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended
(P.L. 93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470),
EO 11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.)
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and
related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et
seq.) pertaining to the care, handling, and treatment of warm bloodied animals held for research, teaching, or other
activities supported by this Agreement.
19. .Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the
use of lead based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy 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. l0a-lOc) By accepting funds under this Agreement, the
Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933, popularly known as the "Buy
American Act." The Grantee should review the provisions of the Act to ensure that expenditures made under this
Agreement are in accordance with it. It is the sense of the Congress that, to the greatest extent practicable, all
equipment and products purchased with funds made available under this Agreement should be American-made.
24. Preservation of open and competition and government neutrality towards contractors' labor relations on
federally funded construction projects
a. Unless in conflict with State or local laws, you must ensure that bid specifications, project agreement, or other
controlling documents in construction contracts awarded pursuant to this agreement, or pursuant to a subaward to
this agreement, do not:
1. Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or adhere to
agreements with one or more labor organizations, on the same or other related construction project(s); or
Grant Agreement No. ARS056, Page 39 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
2. Otherwise discriminate against bidders, offerors, contractors, or subcontractors for becoming or
refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor
organizations, on the same or other related construction project(s).
b. The term "construction contract" as used in this provision means any contract for the construction,
rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real
properly.
c. Nothing in this provision prohibits bidders, offerors, contractors, or subcontractors from voluntarily entering
into agreements with labor organizations.
25. Compliance with the provision included in Title XV and Title XVI of Public Law 111-5, the American
Recovery and Reinvestment Act of 2009.
26. Segregation of Costs -Recipients must segregate the obligations and expenditures related to funding under the
Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track, and maintain
these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be
commingled with any other funds or used for a purpose other than that of making payments for costs allowable for
Recovery Act projects.
27. False Claims Act -Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector
General any credible evidence that a principle, employee, agent, contractor, sub-grantee, subcontractor, or other
person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of
laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds.
Grant Agreement No. ARS056, Page 40 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
ATTACHMENT G
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARDS
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 athree-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 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.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and
(c) Have not within athree-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for cause or default.
Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this
certification.
Dated this _ day of , 20
By
Authorized Signature/Recipient
Typed Name/Title
Recipient's Firm Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Code/Telephone Number
Grant Agreement No. ARS056, Page 41 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, Florida Energy and Climate Commission (Commission) or agencies with which
this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to whom this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48
CFR 9, subpart 9.4, debarred, suspended, declazed ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the Commission or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List (Telephone No. (202) 501-4740 or (202) SO1-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the
Federal Govemment, the Commission or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
Grant Agreement No. ARS056, Page 42 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
ATTACHMENT H
Intellectual Property Provisions (NRD-1003)
Noriresearch and Development
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARDS
Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and (d). All other
organizations are subject to the intellectual property requirements at 10 CFR 600.136(a) and (c).
600.136 Intangible property.
(a) Recipients may copyright any work that is subject to copyright and was developed, or for which
ownership was purchased, under an award. USDOE reserves aroyalty-free, nonexclusive and irrevocable right to
reproduce, publish or otherwise use the work for Federal purposes, and to authorize others to do so.
(c) USDOE has the right to:
(1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes.
(d)(1) In addition, in response to a Freedom of Information act (FOIA) request for research data relating to
published research findings produced under an award that were used by the Federal Government in developing an agency
action that has the force and effect of law, the USDOE shall request, and the Recipient shall provide, within a reasonable
time, the research data so that they can be made available to the public through the procedures established under the FOIA.
If the USDOE obtains the research data solely in response to a FOIA request, the agency may charge the requester a
reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect the costs incurred
by the agency, the recipient, and applicable subrecipients. This fee is in addition to any fees the agency may assess under
the FOIA (5 U.S.C. 552(a)(4)(A)).
Grant Agreement No. ARS056, Page 43 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
ATTACHMENT I
DISCLOSURE OF LOBBYING ACTIVITIES
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARDS
Approved by OMB
0348-0046
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action: 2. 5tafus of Federal Action: 3. Report Type:
^ li
^
a. contract a. bid offer/application ng
a. initial fi
b. grant b. initial award b. material change
c. cooperative agreement
d. loan c. post-award
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 ^ Subawazdee
Tier , if known:
Congressional District, tf brown: Congressional District, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known: 9. Award Amount, iflmown:
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):
(attach Continuation Sheet(s) SF-LLLA, tf necessary)
Signature:
II. Information requested through this form is authorized by title 3I 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
orted to
mation will be re
1352
Thi
i
f
t t
3] U
S
C
d
i Title:
p
.
s
n
or
.
.
.
re
pursuan
o
requ
Congress semi-annually and H~11 be available for public inspection. Any
person wbo fails to file the required disclosure shall be subject to a civil Telephone No.: Date:
penalty of not less than $10,000 and not more than $100,000 for each such
failure.
Federal Use Only Authorized for Local Reproduction
Standard Form - LLL (Rev 7 - 97)
Grant Agreement No. ARS056, Page 44 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of 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 1st tier. 5ubawards 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 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 S.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the 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.
Grant Agreement No. ARS056, Page 45 of 53
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FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
ATTACHMENT K
ANNUAL REPORT
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARD
Grant Agreement No.: ~ ARS056
Grantee Name:
. Grantee Address:
Grantee's Re resentative: Tele hone No.:
Annual Re orting Period:
Pro'ect Number and Title: ; , , .. ; ._ , .
A. Provide' a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met, provide reasons
why.}
B. Provide an update on the number of jobs created or retained, quantify the reduction of
greenhouse gasses and the energy saved in kWh or BTU.
C. Provide an update on the estimated time for completion of-the project and an explanation for
any anticipated delays.
Grant Agreement No. ARS056, Page 47 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT' AGREEMENT NO. ARS056
D. Provide any additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
E. Identify below, and attach copies of, any relevant work products being submitted for the project
for this reporting period (e.g., report data sets, links to on-line photographs, etc.)
F. Provide a project Grant Budget update, comparing the Grant Project Budget to actual costs to
date.
Grant Grant
Grant Budget Total Grant Expenditures Expenditures this Grant Project
Category Project Prior to this Reporting Period Funding Balance
Bud et Re ortin Period
1. Salaries
2. Fringe Benefits
3. Travel (if authorized)
4. Supplies/Other
Ex enses
5. Equipment
6, Contractual Services
7. Indirect Costs
if authorized
8. Total of all Grant
Bud et Cate ories
Grant Agreement No. ARS056, Page 48 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
G. Provide a project Match Budget update, comparing the lviatcn 1Cru~ee~ 1~uu~c~ ~~ a..~u... ~~~~~ ~~
date.
Match Budget
Category
Total Match.
Project
Bud et Match
Expenditures
Prior to this
Re ortin Period Match
Expenditures this
Reporting Period
Match Project
Funding Balance
Salaries
1
.
2. Fringe Benefits
3. Travel (if authorized)
4. Supplies/Other
Ex enses
S. Equipment
6, Contractual Services '
7. Indirect Costs
(if authorized)
8. Total of all match
Budget Categories
II.
REPORTING
Buildin Eier .Audits ,~
Number of
Audits
Performed
Floor Space
Audited
Auditor's
Projection of
Energy Saved
Grant Agreement No. ARS056, Page 49 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
Number of Loans
Given
Monetary value of
Loans Given
Number of Grants
Given
Monetary value of
Grants Given
~,
Renewable Enei=~
~.,
iVluiket~eveio'~men~
Number of Solar
Energy Systems
Installed
Total Capacity
of Solar Energy
Systems
Number of Wind
Energy Systems
Installed
Total Capacity
of Wind Energy
Systems
Number of other
Renewable
Energy Systems
Installed
Total Capacity
of other
Renewable
Energy Systems
Grant Agreement No. ARS056, Page 50 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. AR5056
`,r~ S 5 .
Transuu~ tatiup ,
Number of
Alternative Fuel
Vehicles Purchased
Number of Vehicle
Conversions to
Alternative Energy
Number of New
Alternative Fueling
Stations
Number of
Carpools and
Vanpools Formed
Number of Energy
Efficient Traffic
Signals Installed
Number of Street
Lane Miles for
which
Synchronized
Traffic Signals
were Installed
t~
M~'orkrhops,alratnm~r
ind_Educaton.,.,,,,. ~.
Number of
Workshops,
Training and
Education
Sessions Held
Number of
People
Attending
Workshops,
Training and
Education
Sessions
Jobs Created
Number of
Duect Jobs
Created
Number of
Indirect Jobs
Created
Actual Worker
Head Count
Number of FTE
Job Equivalents
Grant Agreement No. ARS056, Page 51 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
~ fi I
>~
f t ~ 3y
Reduction in
Natural Gas
Consumption
(~~fl
Reduction in
Electricity
Consumption
(MWh}
Reduction in
Electricity Demand
(MW)
Reduction in
Natural Gas
Consumption
(mmcf)
Reduction in Fuel
Oil Consumption
(gallons)
Reduction in
Propane
Consumption
(gallons)
Reduction in
Gasoline and
Diesel
Consumption
(gallons)
Amount of wind-
powered electric
generating capacity
installed
Amount of
electricity
generated from
wind systems
(MWh)
Renevsabh Eu~~r~v
F
u ~~
C'apac~tt~ , n ~l _
.;Generation , .,,
Amount of _
photovoltaic
generating
capacity
installed (MW
Amount of
electricity
generated from
photovoltaic
systems (MWh)
Amount of
electric
generating
capacity from
other renewable
sources installed
(MW)
Amount of
electricity
generated from
other renewable
sources (MWh)
~;
~u:~ltetluc~onis .
Tons Carbon
Emission
Reduction (C02
Tons of Sulfur
Dioxide
Emission
Reduction (C02
Tons of Nitrogen
Oxide Emission
Reduction (C02
Tons of Carbon
Monoxide
Enussion
Reduction (C02
Grant Agreement No. ARS056, Page 52 of 53
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS056
I, SUBCONTRACTOR LIST
The Grantee may subcontract work under this Grant Agreement without the prior approval of the Grant Manager, upon
the condition that each Monthly Progress Report must contain a current list of subcontractors, as required in Section
18.A of the Grant Agreement.
*Ifgrantee does not have subcontractors, lease state None' below
~ 111anie of . ; = rr ' CurreTtt~'ofal Amount ,.~Jescnpt+on of Work
,.' -; ; Subcontractor,:: `; - _ Address : af.eaeh Sulieontrac#:. ;Perin;.med. ;'f
J. MINORITY/WOMAN/SERVICE-DISABLED VETERAN-OWNED BUSINESS LIST
The Grantee is encouraged to use small businesses, including minority, woman and service-disabled veteran-
owned businesses as subcontractors under this Grant Agreement. As required in Section 18.C of the Grant
Agreement, the Grantee is required to report information concerning their use of such businesses in each
Monthly Progress Report.
*Ifgrantee does not /lave any subcontracts with minority/woman/se~vice-disabled veteran- owned businesses, please
~,,,___-~ L_7_...
Slu1e lvwte ueww
'I"otal Amount ~;.
e of Business ~`
~
_
Paid'to I3usmess ;
Descnphonof ~
_
~Mtnurtty, ~,
' taus
dunn Goods/Semees `' Wyman
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REportmg g
Reporting
provided bj~ ,
~ervice~disabled
ame of
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uness
B Address Pertod~ month ; t Fenod~ _ -
.stress'
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~etefan,,;owt%ed,
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This report is submitted in accordance with the reporting requirements of Grant Agreement No. ARS056 and
accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Representative
Date
Grant Agreement No. ARS056, Page 53 of 53
STATE OF FLORIDA
~' _-__ ~,
'l"1-IF_ CAPITOL
"I~ALLAI-IASSE)=., 1=LORIDA 32399-0001
.~~ we w~~~~_flgov.com
CHARLIECRIST s5o ~s7 osoi~
GOVERNOR
December 17, 2010
CERTIFIED MAIL- RETURN RECEIPT REQUESTED
Marilyn & Anita Rossi
2525 Walnut Heights Rd
Apopka, FL 32703
RE: Solar Energy System Incentives Rebate Program
Determination of Ineligibility
Application Number: 100185399
Dear Ms. Marilyn Rossi & Ms. Anita Rossi:
On January 9, 2010 the Florida Energy and Climate Commission ("Commission")
received your application for rebate under the Solar Energy System Incentives Program.
Unfortunately, your application cannot be processed because the installed system is technically
ineligible for a rebate. The reason(s) for ineligibility is (are) provided below.
Pursuant to section 377.806(5), Florida Statutes ("F.S. '): states that an application for a
rebate must be made within 120 days after the purchase of the solar energy equipment or 90 days
for systems purchased prior to July 1, 2008.
Enclosed for your review is a "Notice of Administrative Rights." We appreciate your
interest in our Solar Energ3~ System Incentives Rebate Program. If you have any questions about
this decision, please call me at (850) 487-3800. Contact with the Governor's Energy Office does
not constitute a petition for administrative hearing or request for an extension of time to file a
petition for administrative hearing.
Sincerely,
Alexander Mack,
Program Administrator
Florida Energy and Climate Commission
NOTICE OF ADMINISTRATIVE RIGHTS
The Commission's Order shall become final unless a timely petition for an administrative
hearing is filed under sections 120.569 and 120.57, Florida Statutes ("F.S."), within 21 days of receipt
of this Order. The procedures for petitioning for a hearing are set forth below.
Persons affected by this Order have the following options.
A. if you choose to accept the Commission's decision regarding this Determination of
Ineligibility, you do not have to do anything. This Order is final and effective as of the date on the top
of the first page of this Order.
B. If you choose to challenge the decision, you may do the following.
1. File a request for an extension of time to file a petition for hearing with the
Commission's Clerk in the Governor's Energy Office ("GEO") within 21 days of receipt of this
Order; such a request should be made if you wish to meet with the Conunission in an attempt to
informally resolve any disputes without first filing a petition for hearing.
Or
2. File a petition for administrative hearing with the Commission's Clerk in the GEO
within 21 days of receipt of this Order.
Please be advised that mediation of this decision pursuant to section 120.573, F.S., is not
available.
How to Request an Extension of Time to File a Petition for Hearin
For good cause shown, pursuant to Rule 28.106.111(3), Florida Administrative Code
("F.A.C."), the Commission may grant a request for an extension of tune to file a petition for hearing.
Such a request must be filed (received) by the Commission's Clerk in the GE0 at 600 South Calhoun
Street, Suite 251, Tallahassee, Florida, 32399-0001, within 21 days of receipt of this Order. Petitioner,
if different from the addressee, shall mail a copy of the request to the addressee at the time of filing.
Timely filing a request for an extension of time tolls the time period within which a petition for
administrative hearing must be made. `
How to File a Petition for Administrative Hearin
A person whose substantial interests are affected by this Order may petition for an
administrative proceeding (hearing) under sections 120.569 and 120.57, F.S. The petition must
contain the information set forth below and must be filed (received) by the Commission's Clerk in the
GEO at 600 South Calhoun Street, Suite 251, Tallahassee, Florida, 32399-0001, within 21 days of
receipt of this Order. Petitioner, if different from the rebate addressee, shall mail a copy of the
petition to the addressee, at the time of filing. Failure to file a petition within this time period shall
waive the right of anyone who may request an administrative hearing under sections 120.569 and
120.57, F:S.
Pursuant to subsections 120.54(5) (b) 4 and 120.569(2), F.S. and Rule 28-106.201, F.A.C., a
petition for administrative hearing shall contain the following information:
a) The identification of the petitioner.
b) A statement of when and how the petitioner received notice of the agency's action or
proposed action.
c) An explanation of how the petitioner's substantial interests are or will be affected by the
action or proposed action.
d) A statement of all material facts disputed by the petitioner or a statement that there are no
disputed facts.
e) A statement of the ultimate facts alleged, including a statement of the specific facts the
petitioner contends warrant reversal or modification of the agency's proposed action.
f) A statement of the specific rules or statutes the petitioner contends require reversal or
modification of the agency's proposed action.
g) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the agency to take with respect to the proposed action.
This Order is final and effective as of the date on the top of the first page of this Order.
Timely filing a petition for administrative hearing postpones the date this Order takes effect until the
Commission issues either a final order pursuant to an administrative hearing or an Order Responding
to Supplemental Information provided to the Commission pursuant to meetings with the Commission.
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to § 120.52
Florida Statutes, with the designated
Florida Energy and Climate Commission Clerk,
receipt of which is hereby acknowledged.
Jacqueline Warr, Clerk
Florida Energy and Climate Commission, 12/17/2010
Florida DeparEment of Agriculture and Consumer Services Page 1 of 2
Division of Adminstration
FpACS CC~~f~A~T ~
CONTRACT AMENDMENT
Cil~l-oaf
September 12, 2011
Mr. Glenn Henderson
GrantslResource Developer, St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982
RE: Amendment of Contract # 17483 dated 01/31/lI.
Please Respond To: ivlarlC HeI171an5nn
Office of Energy
Florida Department of Agriculture
and Consumer Services
600 S. Calhoun St., Suite 251
Tallahassee, FL 32399-1300
This letter, upon execution by both parties and attachment to the original contract shall
serve to amend said contract. The contract shall be amended as follows:
1. Pursuant to Chapter 2011-142, Laws of Florida, effective 7uly 1, 2011, all references in the
Agreement to the "State of Florida, Executive Office of the Governor, Florida Energy and Climate
Commission" and the "Commission" shall be replaced with the "Florida Department of Agriculture and
Consumer Services" and the "Department" respectively.
2. The Agreement number is changed from ARS056 to 17483.
3. Paragraph 23 is hereby deleted in its entirety and replaced with the following:
23. The Department's Grant Manager for this Agreement is identified below.
Department Grant Manager: Mark Hermanson
Florida Department of Agriculture and Consumer Services
Office of Energy
600 South Calhoun Street, Suite 251
Tallahassee, FL 32399-0001
Telephone No.: 850-487-3800
Fax No.: 850-922-9701
E-mail Address: Mark.Hermanson@freshfromflorida.com
1-800-HELPFLA
DACS-01086 Rev. 01/11
www.FreshFromFlorida.com
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Fi~a'a..
Florida ©epar-tment of Agriculture and Consumer Services
Division of Adminstration
CONTR~4CT AMENDMENT
NO OTHER PROVISIONS OF THIS COl'vTTRACT ARE AMENDED OR OTHERWISE
ALTERED BY THIS AMENDMENT.
Mi e Gresham
Director of Administration
Department o 'culture
and Cons e ervices
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Page 2 of 2
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DACS-01086 Rev. 01/11
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