Item 8C AGENDA ITEM # 8C
SEPTEMBER 27, 2010
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Authorization to Sign Grant Agreement No. ARS028 for
Energy Grant Funding
DATE: September 14, 2010
SUBMITTED BY: David E. Thompson, Asst. City Manager
BACKGROUND:
In February 2010, the City Commission authorized the Asst. City Manager to apply for an
ARRA Energy Grant for Small Cities. Since that time, the State of Florida Energy and
Climate Commission has approved the grant application for the City of Atlantic Beach. To
facilitate the grant process, the State has provided a contract between the State and the City
of Atlantic Beach relative to the grant administration.
Specific projects proposed in the grant application include:
Retrofit of Outdoor Lighting for Baseball fields at Russell Park
Retrofits for HVAC systems throughout the City facilities
Upgrades for vehicles to reduce gas consumption and emissions
Replacing the water heater in the fire department with a solar heater
Energy audits to maximize energy savings at City facilities
To complete the contract with the State, staff needs authorization for the Mayor to sign the
related documents.
BUDGET: The State will make $234,789 available on a reimbursement basis for the energy
grant. The City of Atlantic Beach has committed an additional $103,400 as matching
funding bringing the total grant funding to $338, 189. The source of the $103,400 matching
funding will come from the City of Jacksonville through an allocation of ARRA Energy
Efficiency and Conservation Block Grant money.
RECOMMENDATIONS: To authorize the Mayor to sign the proposed agreement
discussed above.
ATTACHMENTS: Copy of the agreement with signature page
REVIEWED BY CITY MANAGER:
AG DA ITEM NUMBER:
AGENDA ITEM # 8C
SEPTEMBER 27, 2010
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS028
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARDS
THIS AGREEMENT is entered into between the STATE OF FLORIDA, EXECUTIVE OFFICE OF THE
GOVERNOR (EOG), FLORIDA ENERGY AND CLIMATE COMMISSION whose address is 600 South Calhoun
Street, Suite 251, Tallahassee, Florida 32399 -0001 (hereinafter referred to as the "Commission ") and the CITY OF
ATLANTIC BEACH, whose address is 800 Seminole Road, Atlantic Beach, FL 32233 (hereinafter referred to as
"Grantee" or "Recipient "), a public entity, to provide financial assistance for the Atlantic Beach Energy Reduction
Program.
In consideration of the promises and mutual agreements contained herein, the Commission and the Grantee
acknowledge and agree as follows:
1. The United States Department of Energy ( USDOE) awarded funding to the Commission pursuant to
USDOE through American Recovery and Reinvestment Act (ARRA) Grant Agreement No. DE-
EE0000241. The Grantee shall be a sub - grantee of federal financial assistance from USDOE. The Grantee
is responsible for complying with the appropriate state and federal guidelines in the performance of its
activities pursuant to this Agreement.
2. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement, its
attachments and exhibits named and incorporated by reference. For purposes of this Agreement the terms
"Grantee" and "Recipient" are used interchangeably
3. This Agreement shall begin upon execution by both parties and end no later than April 30, 2012 , inclusive.
If allowed by USDOE, this Agreement shall be effective upon execution for purposes of reimbursement of
allowable costs resulting from obligations incurred and meeting the cost share or match requirements as
described in Attachment A, Grant Work Plan. Profit to the Grantee, or any of its subgrantees, is prohibited
by 10 Code of Federal Regulations (CFR) Part 600. This Agreement may be amended to revise Attachment
A, Grant Work Plan, if additional funding is made available by the USDOE and/or the Florida Legislature.
4. A. The Grantee shall be eligible for reimbursement of allowable costs resulting from obligations
incurred during the term of this Agreement. The Commission shall reimburse the Grantee for
allowable costs on a not more frequently than monthly cost reimbursement basis in an amount not
to exceed $234,789.00 after receipt and approval by the Commission's Grant Manager of
satisfactory reports and documentation as required in this Agreement. The parties agree that the
Grantee is responsible for providing a minimum match of $103,400.00 toward the project
described in Attachment A, Grant Work Plan. All cost sharing or match shall meet any applicable
federal requirements.
B. Prior written approval from the Commission's Grant Manager shall be required for changes
between approved, funded budget categories up to 10% of the total, approved Grant funds.
Approval of such changes will be contingent upon submission of a revised Project Budget. Budget
category changes greater than 10 %, the addition of previously unapproved or unfunded budget
categories or the addition of previously unapproved or unfunded budget line- items, will require a
formal written amendment to the Agreement. The Commission agrees to review a request by the
Grantee to modify Attachment A, Grant Work Plan, should the Grantee find, after receipt of
competitive bids, that the project described in Attachment A, Grant Work Plan, cannot be
accomplished for the current estimated project cost. If the Commission agrees to a modification of
Attachment A, Grant Work Plan, it may be modified not to exceed the awarded funding identified
above. Any such modification would be by formal written amendment, in accordance with Section
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38. Nothing in this Section or Agreement is intended nor implies to guarantee approval of a
request to modify or adjust Attachment A, Grant Work Plan, or the available project funding.
C. All reimbursement requests under this Agreement shall be submitted using the Attachment B,
Payment Request Summary Form, format in detail sufficient for a proper pre-audit and post -audit
thereof. The Grantee shall submit a properly completed Attachment B, Payment Request Summary
Form, with supporting documentation of allowable costs, including for the final reimbursement
request, as described below in paragraph 4.D. Ten percent of each approved reimbursement
request shall be retained by the Commission pending Grantee's compliance with Section 8.
D. All reimbursements under this Agreement shall be in compliance with the laws, rules and
regulations applicable to the expenditure of State and federal funds. The State of Florida guidelines
for allowable costs include, but are not limited, to the Florida Department of Financial Services'
Reference Guide for State Expenditures located at http: / /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 4.0 & D above, the Commission may
periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State of Florida guidelines. When requested, this information must be
provided within 30 calendar days of such request.
5. The Commission's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature of the State of Florida and the availability of federal funding for the
specific purpose of funding the Commission's obligations under this Agreement. In the event of a State
revenue shortfall, withdrawal of State budget authorization and/or rescission of federal funding, the total
funding may be reduced accordingly. The Commission, in accordance with direction from the Governor
and/or the Florida Legislature, shall be the final determiner of the availability of any funds.
6. The Grantee shall submit, using Attachment C, Monthly Progress Report, monthly updates. to describe the
project progress, work performed, problems encountered, problem resolution, schedule updates and
proposed work for the next reporting period. Attachment B, Payment Request Summary Form may not be
submitted more frequently than on a monthly basis and must be accompanied by an Attachment C, Monthly
Progress Report, for the corresponding month. Attachment C, Monthly Progress Reports shall be submitted
to the Commission no later than three calendar days following the completion of the monthly reporting
period. The Commission's Grant Manager may request additional information if the Commission's Grant
Manager determines it is necessary. The Commission's Grant Manager shall have ten calendar days to
review deliverables and payment requests submitted by the Grantee.
7. The Grantee shall submit an Annual Report 15 calendar days after the end of the first year of the project, if
the term of the project exceeds one year. 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.
8. The Grantee shall also submit a Final Report 15 calendar days prior to the expiration date of the Agreement.
The Final Report will provide a final narrative detailing and evaluating the accomplishments and impact of
the project. The Final Report will include an evaluation of the energy savings directly attributable to the
project, projections of estimated energy savings expected to accrue from the project and policy
recommendations, which may be helpful in implementing other projects of a similar nature. Pursuant to
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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) may be required of the Grantee. If required, the CAP shall be submitted to the
Commission's Grant Manager within ten calendar days of receipt of the monitoring report. If a
CAP is required of the Grantee, failure to correct deficiencies after thirty calendar days from the
date -of- receipt of a written monitoring report notating the deficiencies may result in a
determination of breach of Agreement and termination of services. If a CAP is not required of the
Grantee, the Commission may proceed under Section 11 and/or Section 14.
11. The Commission may terminate this Agreement at any time in the event of the failure of the Grantee to
fulfill any of its obligations under this Agreement. Prior to termination, the Commission shall provide 30
calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to
consult with the Commission regarding the reason(s) for termination. If this Agreement is terminated, the
Commission shall only pay for those acts satisfactorily completed under this Agreement prior to the date of
termination. The Commission shall not pay the Grantee for any work performed after such termination,
except as described in Section 14.F.
12. The Commission may terminate this Agreement for convenience by providing the Grantee with 30
calendar days written notice. If this Agreement is terminated, the Commission shall only pay for those
acts satisfactorily completed under this Agreement prior to the date of termination. The Commission shall
not pay the Grantee for any work performed after such termination, except as described in Section 14.F.
13. This Agreement may be unilaterally terminated by the Commission for refusal by the Grantee to allow
public access to all documents, papers, letters or other material made or received by the Grantee in
conjunction with this Agreement, unless the records are exempt from Section 24(a), Article I of the Florida
Constitution and Chapter 119, Florida Statutes. If this Agreement is terminated, the Commission shall only
pay for those acts satisfactorily completed under this Agreement prior to the date of termination. The
Commission shall not pay the Grantee for any work performed after such termination, except as described
in Section 14.F.
14. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any
Federal or State statutes, rules or regulations, applicable to this Agreement, the Commission may take one
or more of the following actions, as appropriate for the circumstances.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
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B. Disallow (that is deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance.
C. Wholly or partly suspend or terminate this Agreement.
D. Withhold further awards for the project or program.
E. Take other remedies that may be legally available.
F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or
after termination of the Agreement are not allowable unless the Commission expressly authorizes
them in the notice of suspension or termination.
G. The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Presidential Executive Orders 12549 and 12689.
15. A. In accordance with Presidential Executive Order 12549, Debarment and Suspension (10 CFR Part
606, later moved to 2 CFR Part 901), the Grantee shall agree and certify that neither it, nor its
principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in this
covered transaction, unless authorized in writing by USDOE to the Commission.
B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a
copy of Attachment G, Certification Regarding Debarments, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Federally Funded Transactions.
C. As required by paragraphs A and B above, the Grantee shall include the language of this Section
and Attachment G, Certification Regarding Debarments, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Federally Funded Transactions, in all subcontracts and sub -grants or lower
tier agreements executed to support the Grantee's work under this Agreement.
16. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles. The Commission, the State of
Florida, USDOE or their authorized representatives shall have access to such records for audit purposes
during the term of this Agreement and for five years following Agreement completion. In the event any
work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access
to such records for audit purposes.
17. A. The Grantee shall retain and maintain all records referenced in Section 16 and make such records
available for an audit as may be requested. Such records shall include independent auditor
working papers, books, documents and other evidence, including but not limited to, vouchers, bills,
invoices, requests for payment and other supporting documentation, which, according to generally
accepted accounting principles, procedures and practices, sufficiently and properly reflect all
program costs expended in the performance of this Agreement.
B. The Grantee agrees to comply with the audit requirements of Section 215.97, Florida Statutes, and
those found in Attachment D, Special Audit Requirements as applicable.
C. The Grantee shall include the audit and record keeping requirements described above and in
Attachment D, Special Audit Requirements, in all subcontracts and assignments with sub - grantees
of funds according to Section 215.97, Florida Statutes. For purposes of this Agreement, "sub -
recipient" shall be defined in accordance with Section 215.97(2)(x), Florida Statutes.
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D. The Grantee must provide copies of any audit referencing this Agreement, the audit transmittal
letter, and any response to such audit to the Commission within 30 calendar days of its receipt. The
Grantee should confer with its chief financial officer, audit director or contact the Commission for
assistance with questions pertaining to the applicability of these requirements.
18. A. The Grantee may subcontract work under this Agreement upon the condition that each Attachment
C, Monthly Progress Report, contains a current list of subcontractors, the amount of each
subcontract and a short description of work to be performed by that subcontractor. The Grantee
shall be solely responsible for all work performed and all expenses incurred in connection with the
development and implementation of the services, programs and activities under this Agreement
whether directly performed or by subcontract.
B. The Grantee shall not enter into subcontracts in which the Commission or USDOE could be held
liable to a subcontractor for any expenses or liabilities. The Grantee shall defend and hold the
Commission and USDOE harmless of any liabilities, as applicable by Florida laws, incurred under
any of the subcontracts entered into by the Grantee. The Grantee shall be liable for all work
performed and all expenses incurred as a result of any subcontract.
C. The Grantee is encouraged to use small businesses, including minority, woman and service -
disabled veteran-owned businesses as subcontractors or sub - vendors under this Agreement. The
Grantee shall report to the Commission in each, Attachment C, Monthly Progress Report, its
expenditures with minority, woman and service - disabled veteran-owned businesses. The directory
of State of Florida certified minority, woman and service - disabled veteran-owned businesses can
be accessed from the website of the Department of Management Services, Office of Supplier
Diversity. The Attachment C, Monthly Progress Report, shall contain the names and addresses of
the minority, woman and service - disabled veteran-owned businesses; the aggregate dollar figure
disbursed that month for each business; the time period; type of goods or services and whether the
business is minority, woman or service - disabled veteran- owned. If no expenditures were made to
minority, woman and service - disabled veteran-owned businesses, the Grantee shall state "None"
on that portion of the Attachment C, Monthly Progress Report.
19. The Grantee agrees to permanently refrain from using or mentioning its association with the Commission in
advertisements, letterhead, business cards, etc. The Grantee's project with the Commission may be
generally stated and described in the Grantee's professional resume. The Grantee may not give the
impression in any event or manner, that the Commission endorses or recommends the Grantee.
20. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after
December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress, in connection with the awarding, renewal,
amending or modifying of any Federal contract, grant, or cooperative agreement. If any
non - Federal funds are used for lobbying activities as described above, the Grantee shall submit
Attachment 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.
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
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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 Manager: John Leeds
Florida Energy and Climate Commission
Executive Office of the Governor
600 South Calhoun Street, Suite 251
Tallahassee, FL 32399 -0001
Telephone No.: 850 - 487 -3800
Fax No.: 850- 922 -9701
E -mail Address: john.leedseog.mytlorida.com
24. The Grantee's Representative for this Agreement is identified below.
Grantee Representative: David E. Thompson
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Telephone No.: (904) 247 -5864
Fax No.: (904) 247 -5805
E -mail Address: dthompson@coab.us
Grantee D -U -N -S : 081944514
Grantee CCR Registration 12/01/2010
Expiration Date:
25. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the
work of this project. The Grantee shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully
with the Florida Workers' Compensation law. The Grantee shall provide, and cause each subcontractor to
provide, adequate insurance satisfactory to the Commission, for the protection of its employees not
otherwise protected if any class of employees engaged in hazardous work under this Agreement is not
protected under Workers' Compensation statutes.
26. Documentation of all insurance coverage(s) required below, shall be submitted by the Grantee to the
Commission. Upon expiration of documented proof of insurance coverage, the Grantee shall submit proof
of continued insurance coverage to the Commission within 30 calendar days of insurance coverage
expiration.
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Option 2: For Agreements with State of Florida governmental entities that are not self - insured, the
following provision may be used
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.
Option 3: The following language may replace the language above for agreements with Florida
governmental entities which are self - insured: (make sure you have something in writing from the CFO
confirming they are self-insured) NOTE: All state agencies are self insured
The Grantee warrants and represents that it is self - funded for liability insurance, appropriate and allowable
under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers,
employees, servants and agents while acting within the scope of their employment with the Grantee.
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 Grantee is authorized to purchase # current model vehicles, which cost shall not exceed $
each, for use in performing the services described in Attachment A, Grant Work Plan. The Grantee must
obtain written approval, in advance, of the vehicle type proposed for purchase and shall produce at least two
written quotes for comparable vehicles prior to the vehicle purchase being authorized by the Commission.
Upon satisfactory completion of this Agreement, with Commission approval, the Grantee may retain
ownership of the non - 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.
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C. The Grantee is responsible for the implementation of manufacturer required maintenance procedures
to keep the vehicle in good operating condition.
D. The Grantee shall secure and maintain comprehensive collision and general automobile liability
coverage for the vehicle during the term of this Agreement. The Grantee is responsible for any
applicable deductibles.
E. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage, or injury caused
by the use of, non - expendable personal property or equipment purchased with state funds and held in
his possession for use in a contractual arrangement with the Commission.
F. The Grantee is responsible for the purchase of, and shall maintain a current State of Florida tag and
registration for all vehicles purchased under the Agreement.
30. 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.
31. 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 10 CFR Part 1040 "Nondiscrimination in Federally Assisted
Programs."
C. The Grantee affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes,
and that at no time has the Grantee been placed on the Discriminatory Vendor List. The Grantee
further agrees that it shall not violate such law and acknowledges and agrees that placement on the
list during the term of this Agreement may result in the termination of this Agreement.
D. The Grantee affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes,
and that at no time has the Grantee been convicted of a Public Entity Crime. The Grantee agrees
that it shall not violate such law and further acknowledges and agrees that any conviction during
the term of this Agreement may result in the termination of this Agreement. The Grantee shall
insert a provision in accordance with this paragraph in all subcontracts for services in relation to
this Agreement.
32. Land acquisition is not authorized under the terms of this Agreement.
33. A. If the Grantee brings to the performance of this Agreement pre - existing intellectual property, the
Grantee shall retain all rights and entitlements to that pre - existing intellectual property.
B. All patent rights, copyrights, and data rights must be in accordance with 10 CFR Part 600 as
referenced in Attachment H, Intellectual Property Provisions.
C. If, during the course of the Agreement, the Grantee modifies a pre - existing invention to the point
where it is a new invention, patentable in its own right, or if any discovery or subject invention
arises or is developed in the course of, or as a result of, work or services performed under this
Agreement, or in any way connected herewith, the Grantee shall retain the entire right, title, and
interest to each discovery or subject invention, subject to the provisions of this Section. With
respect to any subject invention in which the Grantee retains title, the Commission shall have a
royalty-free, nonexclusive, transferable, irrevocable, paid up license to practice or have practiced
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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 a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or
otherwise use the work, and to authorize others to do the same. The Grantee hereby grants the
Commission full authority and right to modify or create derivative works of, or allow others to
modify or create derivative works on behalf of the Commission, any publications first produced
under this Agreement. Any content submitted to the Commission which is asserted to be exempt
under Florida's Public Records Act, Chapter 119, Florida Statutes, shall be clearly marked
"business proprietary", "exempt," "confidential," or "trade secret" (as applicable), with the
statutory basis for such claim of exemption, confidentiality, or trade secret specifically identified in
writing. Failure to identify any such content shall constitute a waiver of any claimed exemption,
confidentiality, or trade secret.
E. The terms and conditions specified in Section 33 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.
34. 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."
35. The Grantee shall not develop any software or databases under the terms and conditions of this Agreement.
36. 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.
37. 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.
38. 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
Revised 04 -30 -10
Grant Agreement No. ARS028, Page 9 of
AGENDA ITEM # 8C
SEPTEMBER 27, 2010
FLORIDA ENERGY AND CLIMATE COMMISSION
GRANT AGREEMENT NO. ARS028
to writing, duly signed by each of the parties and attached to the original of this Agreement, unless
otherwise provided herein.
39. The following Attachments are incorporated into this Agreement:
Attachment A Grant Work Plan
Attachment B Payment Request Summary Form
Attachment C Monthly Progress Report
Attachment D Special Audit Requirements
Attachment E Federal Regulations
Attachment F Federal Funding Grantee, Sub - grantee and Contractor Provisions
Attachment G Debarment and Suspension Form
Attachment H Intellectual Property Provisions
Attachment I Disclosure of Lobbying Activities
Attachment J Property Reporting Form
Attachment K Annual Report
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written
below.
City of Atlantic Beach STATE OF FLORIDA, EXECUTIVE OFFICE OF
THE GOVERNOR, Florida Energy and Climate Commission
By: By:
Mike BornoDavid E. Thompson Alexander Mack
Mayorinsert Grantee Signatory Title Acting Executive Director
Date: Date:
(GRANT MANAGER NOTE: ATTACH PROOF OF SIGNATURE AUTHORITY FOR GRANTEE
SIGNATORY IN ROUTING APPROVAL PACKET, ALONG WITH A COPY OF USDOE APPROVED
PROJECT NARRATIVE AND COMPLETED FEDERAL SUB - RECIPIENT- VENDOR DETERMINATION
CHECKLIST]
Revised 04 -30 -10
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