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2013-35 Osborne Park Lighting Project AmendmentRESOLUTION 2013 -35 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING RESOLUTION NO. 2013-34 TO ADOPT A NEW CONTRACT FOR THE SOLE SOURCE PURCHASE OF A SPORTS CLUSTER GREEN LIGHTING SYSTEM FROM MUSCO LIGHTING, LLC AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 27, 2013, the Village Council adopted Resolution 2013 -34 accepting a local government energy efficient lighting grant; approving a Grant Agreement with the Florida Department of Agriculture and Consumer Services ( "Department "); approving the sole source purchase of a Sports Cluster Green Lighting System from Musco Sports Lighting, LLC for Osborne Park; authorizing the Mayor and Village Clerk to execute a contract with Musco Sports Lighting; and approving a budget amendment to facilitate the purchase utilizing grant funds; and WHEREAS, the Department has requested certain modifications to the contract with Musco Lighting, LLC to comply with the federal and state requirements applicable to the administration and expenditure of federal grant funds; and WHEREAS, the Village Council wishes to approve a new contract with Musco Lighting, LLC in compliance with all state and federal requirements. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby amends Resolution 2013 -34 to approve a replacement contract with Musco Lighting, LLC for the sole source purchase of a Sports Cluster Green Lighting System utilizing grant funds, a copy of which is attached hereto and incorporated herein by reference, and authorizes the Mayor and Village Clerk to execute the contract on behalf of the Village. Section 3. All other portions of Resolution 2013 -34, including, but not limited to, the acceptance of the grant, the approval of the Grant Agreement, the approval of the sole source purchase, and the approval of the budget amendment, shall remain in full force and effect. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 11th DAY OF JULY, 2013. (Village Seal) ATTEST: VILLAGE CLERK V CONTRACT FOR PURCHASE AND DELIVERY OF SPORTS LIGHTING SYSTEM This Contract is made as of the 11A4 day of V&A/ , 2013, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida ( "VILLAGE "), and MUSCO SPORTS LIGHTING, LLC, 2107 Stewart Road, Muscatine, IA 52761 ( "CONTRACTOR "), an Iowa limited liability company, whose Federal I.D. is 42- 1511754. RECITALS WHEREAS, the VILLAGE wishes to purchase a sports lighting system for the Osborne Park ballfields; and WHEREAS, the Village is entering into a sole source contract with CONTRACTOR for the purchase, delivery and installation of a Sports Cluster Green Lighting System pursuant to pricing established by a Contract for Sports Lighting with Clay County (RFP #08/9 -3) ( "Clay County Contract "); and WHEREAS, the CONTRACTOR provided a proposal utilizing the pricing established by the Clay County Contract and the VILLAGE wishes to accept this proposal in accordance with the terms and conditions set forth herein; and WHEREAS, this purchase is being funded through the use of federal grant funds administered by the State of Florida and is governed by a Grant Agreement between the VILLAGE and the Florida Department of Agriculture and Consumer Services. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE 1. RECITALS. The foregoing recitals set forth above are true and correct and are fully incorporated herein by reference. ARTICLE 2. TERMINATION OF PRIOR CONTRACT. The Contract for Purchase and Delivery of Sports Lighting System dated June 27, 2013 between the VILLAGE and CONTRACTOR is hereby terminated in its entirety and replaced by this Contract. ARTICLE 3. SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services as stated in its Proposal to the VILLAGE dated June 17, 2013 ( "Work "), a copy of which is attached hereto and incorporated herein by reference. Page 1 of 10 B. The Work provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon written notice from the VILLAGE to proceed. ARTICLE 4. PERIOD OF SERVICE. CONTRACTOR shall coordinate delivery and installation of the equipment with the VILLAGE and provide all goods and services provided for in the Proposal no later than August 31, 2013. ARTICLE 5. CONTRACT DOCUMENTS A. As required by the Grant Agreement between the VILLAGE and the Department of Agriculture and Consumer Services ( "Grant Agreement "), CONTRACTOR and its subcontractors agree to comply with all provisions of Attachment F to the Grant Agreement, a copy of which is attached hereto and incorporated herein by reference. B Based on the requirements of the Grant Agreement, CONTRACTOR and its subcontractors also expressly agrees to the following: The employment of unauthorized aliens is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If CONTRACTOR or its subcontractors knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract. 2. 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 Contract. 3. CONTRACTOR and its subcontractors agree to comply with 10 CFR Part 1040 "Nondiscrimination in Federally Assisted Programs." 4. CONTRACTOR and its subcontractors affirm that they are aware of the provisions of Section 287.134(2)(a), Florida Statutes, and that at no time has CONTRACTOR or its subcontractors been placed on the Discriminatory Vendor List. CONTRACTOR and its subcontractors further agree that they shall not violate such law and acknowledge and agree that placement on the list during the term of this Contract may result in the termination of this Contract. 5. CONTRACTOR and its subcontractors affirm that they are aware of the provisions of Section 287.133(2)(a), Florida Statutes, and that at no time has CONTRACTOR or its subcontractors been convicted of a Public Entity Crime. CONTRACTOR and its subcontractors agree that they shall not violate such law and further acknowledge and agree that any conviction during the term of this Contract may result in the termination of this Contract. Page 2 of 10 C. As required by the Davis Bacon Act, CONTRACTOR and its subcontractors shall comply with Davis Bacon Wage Determination FL231, a copy of which is attached hereto and incorporated herein by reference. D. Simultaneously with the execution of this Contract, CONTRACTOR shall complete and submit to the VILLAGE Attachment G (Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Federally Funded Transactions) and Attachment I (Disclosure of Lobbying Activities) to the Grant Agreement, copies of which are attached hereto and incorporated herein by reference. ARTICLE 6. VILLAGE'S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be the Community Development Director. ARTICLE 7. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR's Proposal. The total and cumulative amount of this Contract shall not exceed Two Hundred and Twenty -Five Thousand Dollars and No Cents ($225,000). B. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE's representative, indicating that goods and services have been provided and rendered in conformity with this Contract and then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE representative's approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state "final invoice" on the CONTRACTOR's final /last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by the CONTRACTOR. The VILLAGE will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of all goods and services or any invoice for Work performed subsequent to August 31, 2013. C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR. D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. ARTICLE 8. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and /or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Page 3 of 10 Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and /or its subcontractors, agents, servants or employees. B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. ARTICLE 9. PERSONNEL. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the Work (including subcontractors) shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of the CONTRACTOR's personnel (and all subcontractors) while on VILLAGE premises, will comply with all applicable requirements governing conduct, safety, and security, provided, however, that CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. All personnel working on VILLAGE park property in any capacity shall meet the same background requirements as VILLAGE employees. Should the VILLAGE discover that any person employed or retained by CONTRACTOR or any Subcontractor does not meet such requirements, the VILLAGE may request that such person be removed from VILLAGE property and CONTRACTOR shall comply with any such request. ARTICLE 10. TERMINATION. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (i) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (ii) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the VILLAGE for its convenience, provided that the CONTRACTOR is afforded the same notice and consultation opportunity specified in paragraph A above. Page 4 of 10 C. If termination for default is effected by the VILLAGE, an equitable adjustment in the price for this Contract shall be made; however: (i) no amount shall be allowed for anticipated profit on unperformed services or other work; and (ii) any payment due to CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the VILLAGE because of the CONTRACTOR's default. 1. If termination for convenience is effected by the VILLAGE, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. 2. For any termination, the equitable adjustment shall provide for payment to the CONTRACTOR for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the CONTRACTOR relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. D. Upon receipt of a termination action under paragraphs A or B above, the CONTRACTOR shall: (i) promptly discontinue all affected Work (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the VILLAGE all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the CONTACTOR in performing this contract, whether completed or in process. E. Upon termination, the VILLAGE may take over the Work and may award another party a contract to complete the Work described in this contract. (f) If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the VILLAGE. In such event, adjustment of the contract price shall be made as provided in paragraph C above. ARTICLE 11. INSURANCE. A. Prior to execution of this Contract by the VILLAGE the CONTRACTOR shall provide certificates evidencing insurance coverage as required hereunder. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict compliance with this Article and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the VILLAGE'S representative. Compliance with the foregoing requirements shall not relieve the CONTRACTOR of its liability and obligations under this Contract. B. The CONTRACTOR shall maintain, during the life of this Contract, commercial general liability, including contractual liability insurance in the amount of $1,000,000.00 in aggregate to protect the CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract, whether such operations be by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. Page 5 of 10 C. The CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect the CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. D. The parties to this Contract shall carry Workers' Compensation Insurance and Employer's Liability Insurance for all employees as required by Florida Statutes. In the event that a party does not carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall. in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized by the Department of Insurance and shall provide a copy of such exemption to the VILLAGE. E. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an "Additional Insured ". ARTICLE 12. PUBLIC CONSTRUCTION BOND A. Consistent with Section 255.05, Florida Statutes, CONTRACTOR shall be required to furnish the VILLAGE with a Performance and Payment Bond in an amount equal to one hundred percent (100 %) of the cost of the Work set forth in the Proposal. The Bond shall continue in effect for the duration of the Work and for one (1) year after final completion and acceptance thereof covering the faithful performance of the Contract and payment of all obligations arising thereunder. The Public Construction Bond shall comply with the following provisions: 1. The bond shall be secured from a Surety Company licensed in the State of Florida with at least an "A -" Best Rating and "IX" Financial Strength Category in the latest edition of Best's Key Rating Guide. 2. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. 3. The Surety Company shall have a currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. 4. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. 5. Delay damages arising of the delay by the CONTRACTOR (if applicable under the Contract) shall be included within the coverage of the public construction bond. B. CONTRACTOR shall deliver the required and executed bond to the VILLAGE within five (5) days of the award of the resulting contract, but not less than three (3) days prior to commencement of any Work. Page 6 of 10 ARTICLE 13. SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. ARTICLE 14. ACCESS AND AUDITS AND RETENTION OF RECORDS. A. The VILLAGE, the U.S. Office of Energy, the Florida Department of Agriculture and Consumer Services, the U.S. Department of Energy, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this Contract for the purpose of making audit, examination, excepts, and transcriptions. B. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work and shall retain all records relating to this Contract for five (5) years after the VILLAGE makes final payment and all other pending matters are closed. ARTICLE 15. REMEDIES. Failure of a party to enforce or exercise any of its rights under this Contract shall not be deemed a waiver of that party's rights to enforce or exercise said rights at any time thereafter. Unless the parties mutually agree to binding arbitration, all claims, counterclaims, disputes and other matters in question between the VILLAGE and the CONTRACTOR shall be decided in a court of competent jurisdiction. ARTICLE 16. WARRANTY. CONTRACTOR warrants that its goods and services provided under this Contract will be free of defects in materials and workmanship for a period of one (1) year following delivery and completion of those goods and services, or as otherwise provided in the Proposal (whichever affords the greatest protection to the VILLAGE). ARTICLE 17. CONTROLLING LAW AND VENUE. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Page 7 of 10 ARTICLE 18. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 19. ENTIRETY OF CONTRACTUAL AGREEMENT AND CONFLICTS. The VILLAGE and the CONTRACTOR agree that this Contract, including all documents referenced herein, sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. In the event of a conflict between the terms of this Contract and the terms of the Proposal, the terms of this Contract shall control. ARTICLE 20. SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 21. NOTICES. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. ARTICLE 22. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 23. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. Page 8 of 10 ARTICLE 24. EXHIBITS. All exhibits and other documents referred to in this Contract form an essential part of this Contract. The exhibits and other documents, even if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 25. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beach. ARTICLE 26. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. ARTICLE 27. WAIVER OF SUBROGATION. CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre -loss basis. ARTICLE 28. REPRESENTATIONSBINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. ARTICLE 29. INSPECTOR GENERAL CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract Documents justifying termination. [Remainder of page blank —signatures on next page] Page 9 of 10 IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. CONTRA O BY: Print Name: James M. Hansen Title: Secretary VILLAGE OF NORTH PALM BEA BY: WILLIAM L. MA L MAYOR ATTEST: BY: / d &l MELISSA TEAL VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: LEONARD G. RUBIN VILLAGE ATTORNEY Page 10 of 10 Florida Department of Agriculture and Consumer Services Office of Energy 9 VA ATTACHMENT ADAM H. PUTNAM GRANT AGREEMENT NO. ARE065 COMMISSIONER DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3, Report Type! a, contract a. hid/offer /application a, initial filing b. grant b. initial award b. material change a cooperative agreement. c, post -award d. loan For Naterial Change only: e. loan guarantee 1: loan insurance year_ quarter- date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ ❑ Prime Subawardee Tiers_ , tfknown: Congressional District, if known: Congressional District, if known: 6. Federal Department /Agency: 7. Federal Program Name /Description: CFDA Number, ifapplicuble: 8. Federal Action Number, tfknown: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b. Individuals Peefornting:Scrvices (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Mi):• (attach Continuaiton Sheei(s) SF -LLLA, tf necessary Signature- ll,. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material print Name: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C:, 1352. This information will be reported to Title: Congress semi-annually and will be available for public inspection. Any person who fails to fife the required disclosure shall be subject to a civil Telephone No.: Date: penalty of not less that) $10;000 and not more than $100,000 for each such failure. Federal - Ilse 'Only-. Authorized for Local Reproduction Standard Form — LLL (Rev 7 -- 97) Musco Sports Lighting, LLC has n o DACS -01602 i 07/11 Page 1 of 2 lobbying activities to report. ,Affies M. Hansen, Secretary °4 Florida Department of Agriculture and Consumer Services `3 Office of Energy 0 %WOE ATTACHMENT G CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY ADAM H, PUTN4M AND VOLUNTARY EXCLUSION -LOWER TIER COMMISSIONER FEDERALLY FUNDED TRANSACTIONS 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) l-lave not within a three -year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with 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 of 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 a three - 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 9th day of Jam_ .20 13 By _ uthorized Signature /Recipient James M. Hansen, Secretary Typed Name/Title Musco Sports Lighting_, LLC Recipient's Firm Name 100 1st Avenue West Street Address Building, Suite Number Oskaloosa, IA 52577 City /State /lip Code (641) 673 -0411 _ Area Code /Telephone Number DACS - 01602 -9 07/11 Page 1 of 2