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HomeMy Public PortalAbout2018 Federal Financial Assistance Agreement.pdfADAM H. PUTNAM COMMISSIONER Florida Department of Agriculture and Consumer Services Division of Administration FDACS CONTRACT # FEDERAL FINANCIAL ASSISTANCE SUBRECIPIENT AGREEMENT .0 2 5 8 6 This Federal Financial Assistance Subrecipient Agreement ("AGREEMENT") made and entered into this aC day of Jto. ,k,a, , 20 le by and between the FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, ("RECIPIENT"), and Village of Key Biscayne, ("SUBRECIPIENT"). The SUBRECIPIENT shall perform the Scope of Work contained in Attachment A of the agreement. The Department of Management Services' designated United Nations Standard Products and Services Code (UNSPSC) is:83101902(Energy Use Reduction Measures). A. SUBAWARD AMOUNT 1. The total award amount for satisfactorily completing the Scope of Work is $70,547.00. In no event shall the RECIPIENT be liable for payment of any amount, which exceeds the total award amount. B. EFFECTIVE DATE/TERM 1. The effective date of this AGREEMENT shall commence on execution and, unless sooner terminated or canceled, shall end on the 31st day of October of 2020. All installation work must be completed by Ocotber 31, 2019 ("Term"). 2. No -cost extensions require the prior written approval of the RECIPIENT and must be submitted not less than sixty (60) days prior to the end of the Term. Extension requests, which exceed the federal agency award period, will not be granted. C. UNIVERSAL IDENTIFIER AND SYSTEM OF AWARD MANAGEMENT 1. The SUBRECIPIENT shall comply with 2 CFR, Part 25, "Financial Assistance Use of Universal Identifier and System of Award Management" (SAM). The SUBRECIPIENT must register and maintain a registration in SAM until submittal of the final financial report. A data universal numbering system (DUNS) number is required for registration in SAM. 2. Compliance with 2 CFR, Part 25 is not required for individuals. D. FINANCIAL AND PROGRAM MANAGEMENT 1. Statutory and National Policy Requirements FDACS-02017 Page 1 of 40 a All expenditures of federal financial assistance under the AGREEMENT shall be in compliance with all applicable laws rules and regulations applicable to expenditures of federal funds b The SUBRECIPIENT shall implement applicable National Policy Requirements 2 Deliverables a The SUBRECIPIENT must provide quantifiable measureable and verifiable units of Deliverables (Deliverables) which must be received and accepted in writing by the RECIPIENT before payment Deliverables must be directly related to the Scope of Work specify minimum levels of service to be performed and contain criteria for evaluating the successful completion of each Deliverable The Deliverables are set forth in the Scope of Work contained in Attachment A Scope of Work 3 Financial Management a The SUBRECIPIENT shall maintain an accounting system and a set of accounting records which allow for the identification of revenues and expenditures related to this AGREEMENT b The SUBRECIPIENT shall comply with 2 CFR Part 200 and adhere to the accounting principles and procedures required therein use adequate internal controls and maintain necessary source documentation for all costs incurred 4 Reimbursement Requests a The allowability of costs shall be in accordance with the federal financial assistance cost principles applicable to the SUBRECIPIENT and terms of this AGREEMENT b The SUBRECIPIENT shall submit the payment request packet to the RECIPIENT s grant manager not more often than monthly but not less often than quarterly To be eligible for reimbursement costs shall be allowable necessary and reasonable and must be submitted by budget category consistent with the budget plan outlined in the Attachment A Scope of Work c All reimbursement requests must be submitted using the RECIPIENT s standard payment request packet and provide supporting documentation for each cost An authorized SUBRECIPIENT representative shall sign the certifications on the payment request packet submitted FDACS 02017 Page 2 of 40 d The payment request packet is downloadable from http //forms freshfromflorida com/02019 pdf e A SUBRECIPIENT whose federal financial assistance grant provides an online reimbursement system for reporting reimbursement details shall use the online reimbursement system instead of the payment request packet f Bills for any authorized travel expenses shall be submitted and paid in accordance with the rates specified in Section 112 061 Florida Statutes governing payments by the State for travel expenses Any travel expenses must be specified in the Budget Plan and Scope of Work 5 Payment of Reimbursement Requests a Payment for allowable necessary and reasonable costs shall be made within thirty (30) days after acceptance by the RECIPIENT Payment request packets returned to the SUBRECIPIENT due to omissions or preparation errors will result in a payment delay b Payment requests for a percentage of work completed on each task deliverable are allowed c Payment is contingent upon the availability of funding from the federal agency and SUBRECIPIENT'S compliance with the terms and conditions of this AGREEMENT d The final payment under this AGREEMENT shall be made upon completion of the Scope of Work including all deliverables and the receipt and approval of all reports required hereunder e Disallowance or adjustments due to audit findings may require the SUBRECIPIENT to return funds to the RECIPIENT The SUBRECIPIENT is solely responsible for reimbursing the RECIPIENT for amounts incorrectly paid to the SUBRECIPIENT 6 Program Income a Program income includes but is not limited to income from fees for services performed the use or rental of real or personal property acquired under federal awards the sale of commodities or items fabricated under a federal award license fees and royalties on patents and copyrights and principal and interest on loans made with federal award funds 2 CFR 200 80 FDACS 02017 Page 3 of 40 b. The SUBRECIPIENT must report to the RECIPIENT any program income received or anticipated from the activities performed under this AGREEMENT. 7. Revision of Budget Plan a. The Budget Plan contained in Attachment "A," Scope of Work lists costs and budget categories to fund the SUBRECIPIENT's performance of the Scope of Work, including the completion of Deliverables. b. SUBRECIPIENT is required to report any transfers from one approved budget category to another approved budget category. If the cumulative budget transfers meet or exceed ten percent (10%), prior approval, evidenced by contract amendment, is required. c. Prior approval, evidenced by contract amendment, is required for: (1) any transfers from an approved budget category to an unapproved budget category. An unapproved budget category is defined as having no funds allocated in the original Budget Plan. (2) any equipment purchases not noted in the original Budget Plan and/or Scope of Work. (3) any subawarding or contracting out of any work not noted in the original Budget Plan and/or Scope of Work. 8. Revision of Scope of Work a. The SUBRECIPIENT shall report any changes to the Scope of Work including but not limited to changes in the objectives, changes in key personnel, reduction of work effort by key personnel and delays in completion of the work. 9. Acknowledgements a. The SUBRECIPIENT shall have an acknowledgement of the United States Department of Energy support placed on any publication written or published or audiovisual produced with grant support and, if feasible, on any publication reporting the results of, or describing, a grant -supported activity, or audiovisuals produced with grant support. This requirement does not apply to audiovisuals produced as research instruments or for documenting experimentations or findings and not intended for presentation or distribution to the public. FDACS-02017 Page 4 of 40 b. Publication means a published book, periodical, pamphlet, brochure, flier, or similar item. c. Audiovisual means a product containing visual imagery or sound or both. d. The SUBRECIPIENT acknowledgement must contain a disclaimer that says: "Any opinions, findings, conclusions, or recommendations expressed in this publication or audiovisual are those of the author(s) and do not necessarily reflect the view of the United States Department of Energy". e. Language shall read: The work upon which this (insert publication or audiovisual or both) is based was funded, in whole or in part through a subrecipient grant awarded by the United States Department of Energy through the Florida Department of Agriculture and Consumer Services. The contents do not necessarily reflect the views or policies of the United States Department of Energy nor does mention of trade names, commercial productions, services or organization imply endorsement by the U.S. Government. E. PROPERTY STANDARDS 1. Equipment and Real Property a. Equipment must be used in the project for which the federal funds are derived. b. The federal agency has a vested interest in equipment and/or real property which, when purchased, exceeds $5,000 in value. If a title is issued for the equipment and/or real property, the federal agency must be listed on the title. c. The SUBRECIPIENT must maintain property records, which include, but are not limited to, the description, serial number or other identification number, acquisition date, cost, location, percentage of federal participation in the cost of the property, use and condition of the property. When the property is disposed of, the property records must be updated with the date of disposal and sale price of the property. d. A physical inventory is required at least once every two years. e. If the equipment and/or real property are to be sold or used as a trade-in, approval of the RECIPIENT is required. FDACS-02017 Page 5 of 40 f At the end of the award period the SUBRECIPIENT is required to request from the RECIPIENT disposal instructions and is required to notify the RECIPIENT of the fair market value of the equipment and/or real property 2 Insurance Coverage a The SUBRECIPIENT will carry sufficient insurance coverage to protect all assets required under the AGREEMENT from loss due to theft fraud and/or undue physical damage SUBRECIPIENT shall carry insurance on its own assets in commercially reasonable amounts and all statutorily required insurance including without limitation Workers' Compensation insurance 3 Intellectual Property a Anything by whatsoever designation it may be known that is produced by or developed in connection with this AGREEMENT shall become the exclusive property of the RECIPIENT and may be copyrighted patented or otherwise restricted as provided by Florida or federal law Neither the SUBRECIPIENT nor any individual employed under this AGREEMENT shall have any proprietary interest in such property b With respect to each Deliverable that constitutes a work of authorship within the subject matter and scope of U S Copyright Law 17 U S C Sections 102-105 such work shall be a work for hire as defined in 17 U S C Section 101 and all copyrights subsisting in such work for hire shall be owned exclusively by the RECIPIENT c In the event it is determined as a matter of law that any such work is not a work for hire SUBRECIPIENT shall immediately assign to the RECIPIENT all copyrights subsisting therein for the consideration set forth in the AGREEMENT and with no additional compensation d The foregoing shall not apply to any preexisting software or other work of authorship used by SUBRECIPIENT to create a Deliverable but which exists as work independent of the Deliverable unless the preexisting software or work was developed by SUBRECIPIENT pursuant to a previous AGREEMENT with the RECIPIENT or by a purchase by the RECIPIENT under a state term contract F MATCHING OR COST SHARE (IF APPLICABLE) 1 The matching or cost share portion must be tracked using a unique identifier in the SUBRECIPIENT accounting system FDACS 02017 Page 6 of 40 2 If the matching or cost share portion is not met the RECIPIENT may disallow costs paid with federal funds in proportion to the reduction in the matching or cost share amount 3 The matching or cost share portion must be incurred in direct proportion to the amount of federal funds used 4 The matching or cost share portion must be reported based upon the Budget Plan submitted with the APPLICATION and Attachment A Scope of Work 5 Records for in -kind contributions which are based upon volunteer hours must have timesheets or a sign in/sign out log and must explicitly state the method for valuation of the hours The value must be reasonable 6 Records for in -kind contributions which are based upon goods or services provided must have an invoice if available or must explicitly state the method for the valuation The value must be reasonable 7 In -kind contributions must be provided by a third party during the period for which they are being claimed 8 The matching or cost share portion must not be counted towards other cost sharing requirements Neither costs nor values of third party in -kind contributions may count if they have been used towards other cost sharing requirements G GENERAL PROCUREMENT STANDARDS 1 The SUBRECIPIENT will follow the same policies and procedures it uses for procurements from other funding sources 2 The SUBRECIPIENT must have documented procurement procedures 3 The SUBRECIPIENT must have written policies on standards of conduct covering conflicts of interest No employee officer or agency may participate in the selection award or administration of a contract supported by federal funds if he or she has a real or apparent conflict of interest H PERFORMANCE MONITORING AND REPORTING 1 The SUBRECIPIENT shall submit detailed quarterly reports using the format and content shown on the RECIPIENT'S performance progress report FDACS 02017 Page 7 of 40 2 In the event the AGREEMENT is terminated the SUBRECIPIENT shall furnish a report detailing progress made under this AGREEMENT through the date of termination within twenty (20) days of termination 3 The SUBRECIPIENT shall cooperate in all on -site reviews from the RECIPIENT its authorized representatives or federal government personnel 4 The review personnel will be given full and complete access during normal business hours to all information related to the performance of this AGREEMENT to ensure compliance with project activities and statutes regulations and rules 5 The RECIPIENT will give 48 hours of notice of any on site review 6 The SUBRECIPIENT shall make available all personnel involved in the performance of work on this AGREEMENT 7 Failure to correct substandard performance within thirty (30) days after written notice from the RECIPIENT shall result in suspension and/or termination of the AGREEMENT I RECORD RETENTION AND ACCESS 1 Retention Requirements for Records a Upon reasonable notice the RECIPIENT shall have access to the SUBRECIPIENT'S records during normal business hours b The SUBRECIPIENT shall maintain all records pertinent to the activities to be funded under this AGREEMENT for a period of five (5) years after final payment is received and for such additional period as may be required until all claims litigation and appeals pertaining or related to the AGREEMENT have been completely resolved 2 Public Access to Records a The SUBRECIPIENT shall comply with all applicable requirements of Chapter 119 Florida Statutes IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENTS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS FDACS 02017 Page 8 of 40 OFFICE OF GENERAL COUNSEL 407 SOUTH CALHOUN STREET, SUITE 520 TALLAHASSEE, FL 32399 PHONE (850) 245-1000 EMAIL PRCUSTODIAN@FRESHFROMFLORIDA COM J REMEDIES FOR NONCOMPLIANCE 1 Prior to the exercise of any remedy provided for herein the RECIPIENT shall provide thirty (30) calendar days written notice of default and shall provide the SUBRECIPIENT the opportunity to cure such failure or default within said thirty (30) day period Upon the failure or inability to cure the RECIPIENT shall have all rights and remedies provided at law or in equity including without limitation the following a Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT b Disallow all or part of the cost of the services not in compliance c Wholly or partly suspend or terminate this AGREEMENT 2 Termination a The RECIPIENT may suspend or terminate this AGREEMENT if the SUBRECIPIENT (1) Fails to comply with any applicable rules regulations or provisions referred to herein or any other applicable state or federal statutes rules regulations executive orders federal guidelines policies or directives (2) Fails to timely fulfill its obligations under the AGREEMENT (3) Improperly or illegally uses funds provided under this AGREEMENT or (4) Submits reports that are incorrect in any material respect b This AGREEMENT may be terminated for convenience by either party upon giving not less than thirty (30) days advance written notice to the other party SUBRECIPIENT shall be paid for all work satisfactorily performed prior to the date of termination provided SUBRECIPIENT has otherwise complied with the terms of this AGREEMENT including the submission of all reports FDACS 02017 Page 9 of 40 K CLOSE OUT 1 Notwithstanding the termination or expiration of this AGREEMENT the SUBRECIPIENT S obligations to the RECIPIENT shall survive until all close out requirements are completed Close out activities shall include but are not limited to completing and submitting final reports properly disposing of property accounting for unspent cash advances and program income and transferring custodianship of records to RECIPIENT or its designee 2 Post -close Out Adjustments a Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the AGREEMENT must be refunded to the RECIPIENT within thirty (30) days after demand therefore by RECIPIENT L AUDIT REQUIREMENTS 1 Audit Provisions a If the SUBRECIPIENT is a state or local government or a nonprofit organization the audit provisions as defined in 2 CFR Part 200 Subpart F are applicable b If the SUBRECIPIENT is a commercial organization (For - Profit) the organization will provide the RECIPIENT with its annual audited financial statement or the annual tax return provided to the Internal Revenue Service c Audit provisions are not required for a SUBRECIPIENT who is an individual d In the event that the SUBRECIPIENT expends $750 000 or more in federal awards in its fiscal year the SUBRECIPIENT must have a single or program -specific audit conducted in accordance with the 2 CFR Part 200 Subpart F e If the SUBRECIPIENT expends less than $750 000 in federal awards in its fiscal year an audit conducted in accordance with the provisions of 2 CFR Part 200 Subpart F is not required Records must be available for audit or review if necessary f If the SUBRECIPIENT expends less than $750 000 in federal awards in its fiscal year and elects to have an audit conducted the cost of the audit must be paid from non- federal resources FDACS 02017 Page 10 of 40 2 Basis for Determining Federal Awards Expended a In determining the federal awards expended in its fiscal year the SUBRECIPIENT shall consider all sources of federal awards including federal resources received from the RECIPIENT b The determination of amounts of federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200 Subpart F 3 Relation to Other Audit Requirements a If the SUBRECIPIENT has an audit conducted in relationship to any other federal regulation or statute the RECIPIENT may determine upon review if the audit reports meet the needs of the RECIPIENT If so an additional audit will not be required b An audit of the SUBRECIPIENT conducted by the Auditor General in accordance with provisions of 2 CFR Part 200 Subpart F will meet these requirements c These provisions do not limit the authority of the federal agency Inspector General General Accounting Office (GAO) or RECIPIENT to conduct or arrange for the conduct of audits or evaluations of federal financial assistance awards 4 Frequency of Audits a Audits shall be performed annually to meet this requirement 5 Sanctions a If the SUBRECIPIENT is unwilling or has a continued inability to have an audit conducted the provisions for noncompliance will be enforced 6 Subrecipient Responsibilities a The SUBRECIPIENT shall arrange for the audit to be conducted in a timely manner and submitted as required in 2 CFR 200 512 b The SUBRECIPIENT shall prepare the financial statements in accordance with 2 CFR 200 510 c The SUBRECIPIENT shall promptly follow up and take corrective action on audit findings FDACS 02017 Page 11 of 40 d The SUBRECIPIENT will provide the auditor with access to records personnel documentation and other information as needed by the auditor 7 Audit Findings Follow-up a At the completion of the audit the SUBRECIPIENT must prepare in a document separate from the auditor s findings a corrective action plan to address each audit finding included in the current year auditor's reports b The corrective action plan must provide the name(s) of the contact person(s) responsible for corrective action the corrective action planned and the anticipated completion date c If the SUBRECIPIENT does not agree with the audit findings or believes corrective action is not required then the corrective action plan must include an explanation and specific reasons d Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within thirty (30) days after receipt by the SUBRECIPIENT e Failure of the SUBRECIPIENT to comply with the above requirement will constitute a violation of this AGREEMENT and may result in the withholding of future payments 8 Report Submission a The audit must be completed and the data collection form and reporting package must be submitted within the earlier of thirty (30) calendar days after receipt of the auditor s report(s) or nine months after the end of the audit period If the due date falls on a Saturday Sunday or Federal holiday the reporting package is due the next business day b The SUBRECIPIENT must submit required data elements described in Appendix X to 2 CFR Part 200 - Data Collection Form (SF - SAC) which states whether the audit was completed in accordance with this part and provide information about the SUBRECIPIENT its federal programs and the results of the audit c A senior representative of the SUBRECIPIENT must sign a statement to be included as part of the data collection that the SUBRECIPIENT has complied with the audit requirements the data was prepared in accordance with 2 CFR 200 512 the reporting package does not include protected personally FDACS 02017 Page 12 of 40 identifiable information the information is accurate and complete and the reporting package and form will be publicly available on the web d The SUBRECIPIENT shall also submit to the RECIPIENT's Grant Manager one copy of the audit report reporting package any management letter issued by the auditor and data collection form described in Appendix X to 2 CFR Part 200 e The SUBRECIPIENT is required to use the Internet submission form on the Federal Audit Clearinghouse (FAC) website The FAC website is located at http //harvester census gov/fac/ f The SUBRECIPIENT shall ensure that audit working papers are made available to the RECIPIENT or its designee Chief Financial Officer or Auditor General upon request for a period of five (5) years from the date the audit report is issued unless extended in writing by the RECIPIENT M GENERAL CONDITIONS 1 Nothing contained in the AGREEMENT is intended to or will be construed in any manner as creating or establishing the relationship of principal and agent or employer and employee between the parties The SUBRECIPIENT will at all times remain an independent contractor with respect to the services to be performed under the AGREEMENT 2 Any changes to the AGREEMENT require the written approval of each party s authorized official 3 The RECIPIENT shall have the right of unilateral cancellation for refusal by the SUBRECIPIENT to allow public access to all documents papers letters or other material made or received by the SUBRECIPIENT in conjunction with the AGREEMENT unless the records are confidential or exempt from s 24(a) of Article I of the State Constitution and s 119 07(1) Florida Statutes 4 The SUBRECIPIENT is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work may not submit bids on leases of real property to a public entity may not be awarded or perform work as a SUBRECIPIENT supplier subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of FDACS 02017 Page 13 of 40 the threshold amount provided in Section 287 017 Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list 5 The CONTRACTOR shall not discriminate on the basis of race sex religion color national origin age or disability and shall comply with all applicable state and federal laws and regulations related thereto including without limitation the Americans with Disabilities Act (42 USC 12101 et Seq ) Section 504 of the Rehabilitation Act of 1973 (29 USC 795) and the Age Discrimination Act of 1975 (42 USC 6101-6107 6 The SUBRECIPIENT is informed that the employment of unauthorized aliens by any SUBRECIPIENT is considered a violation of Section 274A (e) of the Immigration and Nationality Act If the SUBRECIPIENT knowingly employs unauthorized aliens such violation shall be cause for unilateral cancellation of the AGREEMENT 7 The SUBRECIPIENT is informed that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work may not submit bids on leases of real property to a public entity may not award or perform work as a SUBRECIPIENT supplier subcontractor or consultant under contract with any public entity and may not transact business with any public entity 8 This AGREEMENT is contingent upon the availability of funding from the federal agency The AGREEMENT may be terminated if funding from the federal agency is reduced or terminated 9 The SUBRECIPIENT certifies that neither it nor its principals is presently debarred suspended proposed for debarment declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency and that the SUBRECIPIENT shall not 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 FDACS 02017 Page 14 of 40 10. Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this AGREEMENT and applicable Federal, State or County guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, the SUBRECIPIENT must submit such subcontracts to the RECIPIENT for its review and approval. 11. The SUBRECIPIENT will, to the extent permitted by law, hold harmless, defend and indemnify the RECIPIENT from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the SUBRECIPIENT's performance or nonperformance of the services or subject matter called for in this AGREEMENT. Nothing herein contained shall be construed or operate as a waiver of sovereign immunity to the extent sovereign immunity may otherwise apply. 12. The SUBRECIPIENT will comply with section 20.055, Florida Statutes. This AGREEMENT may be amended at any time provided that such amendments make specific reference to this AGREEMENT and are executed in writing and signed by a duly authorized representative of each party. In the event that two or more documents combine to form this AGREEMENT, and in the event that there is any contradictory or conflicting clause or requirement in these documents, the provisions of the document(s) prepared by the RECIPIENT shall be controlling. This AGREEMENT shall be controlled by Florida law, contrary or conflict of law provisions notwithstanding. In the event that any clause or requirement of this AGREEMENT is contradictory to, or conflicts with the requirements of Florida law, the clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties hereto. Special Conditions: See attachment A - Scope of Work B - Monthly/Quarterly Performance Progress Report C - Exhibit 1 D - Certification Regrading Debarments, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Federally Funded Transactions E - Final Report FDACS-02017 Page 15 of 40 F - Disclosure of Lobbying Activities G - Property Reporting Form H - Federal Funding Grantee, Sub -Grantee and Contractor Provisions This AGREEMENT constitutes the entire AGREEMENT between the RECIPIENT and the SUBRECIPIENT for the use of the funds received under this AGREEMENT. The Grant Manager for the RECIPIENT is Tracy O'Dell and is located at 600 South Calhoun Street, Tallahassee, Florida 32399-0001. The Grant Manager for the SUBRECIPIENT is Todd Hofferberth and is located at 88 West McIntyre Street, Key Biscayne, Florida 33149- 1849. Federal resources awarded to the SUBRECIPIENT pursuant to this agreement are from (United States Department of Energy, federal Grant Number DE-EE0000241 State Energy Program (SEP)) and Catalog of Federal Domestic Assistance (81.041), United States Department of Energy. Signed by parties to this AGREEMENT: FLORIDA DEPARTMENT OF AGRICULTURE SUBRECIPIENT AND CONSUMER SERVICES Director of Administration Title Date (213 /ci/ FDACS-02017 Page 16 of 40 Title '/ t Date ADAM H PUTNAM COMMISSIONER Florida Department of Agriculture and Consumer Services Office of Energy ATTACHMENT A GRANT AGREEMENT NO LG011 SCOPE OF WORK A PROJECT TITLE Key Biscayne Community Center B PROJECT LOCATION Key Biscayne Community Center (10 Village Green Way Key Biscayne Florida 33149 1846) C PROJECT BACKGROUND This funding was allocated to the Flonda Department of Agriculture and Consumer Services Office of Energy from the U S Department of Energy (USDOE) The purpose of this grant program is to assist eligible small local government entities (local municipalities with a population of up to 50 000 and counties with an unincorporated population of us to 200 000) in reducing their total energy use increase energy efficiency reduce energy costs through the replacement of inefficient fighting with energy efficient fighting and evaluate actual energy savings received as a result of the project This competitive grant program is designed to provide funding to eligible local governments to make energy efficient upgrades to indoor or outdoor lighting in publicly accessible community oriented facilities such as libranes museums parks and community centers (examples given for illustrative purposes only) Energy savings must be tracked by the subrecipient for at least one year following completion of the project and reported to the department D PROJECT OBJECTIVES The goal of the SEP is to provide leadership to maximize the benefits of energy efficiency and renewable energy through communications and outreach activities technology deployment and accessing new partnerships and resources The USDOE has established the following objectives that complement program goals articulated in the SEP Strategic Plan • Transform energy markets in partnership witli states to accelerate near term deployment of energy efficiency and renewable technologies • Promote an integrated portfolio of energy efficiency and renewable energy solutions to meet US energy security economic vitality and environmental quality objectives • Strengthen core state energy programs to develop and adopt leading market transformation initiatives E PROJECT DESCRIPTION • Task I Remove and replace all the existing intenor and extenor lighting fixtures at the Key Biscayne Community Center and replace it with 609 energy efficient LED lights • Task 1 a Select a vendor following the procurement procedures of 2 CFR 200 to provide and install energy efficient LED lighting • Task lb Complete engineenng and design plans • Task 1 e Obtain permits if necessary • Task ld Install lights controls and winng FDACS 02017 Page 17 of 40 " Task le: Submit a report to the Office of Energy including the procurement documents used to select the vendor, the contract between the Grantee and the vendor, photographs of the installed lighting, and a copy of the operation and maintenance manual. " Task 2: Complete grant administration/project management " Task 2a: Select a vendor following the procurement procedures of 2 CFR 200, to provide technical assistance in grant administration/project management. " Task 2b: Submit a report to the Office of Energy including the procurement documents used to select the vendor and the contract between the Grantee and the vendor. " Task 3: Monitor Energy usage/savings. Energy savings/usage will be tracked for a 1 -year period after the completion of the installation. F. PROJECT MILESTONES/DELIVERABLES/OUTPUTS: The table below identifies the month of the project each task will start and be accomplished. No. 1 2 3 Task/Activity Description Procure and Install (Remove and replace all the existing interior and exterior lighting fixtures at the Key Biscayne Community Center and replace it with 609 energy efficient LED lights) Grant Administration/ Project Management Monitor Energy Savings G. PROJECT BUDGET: Deliverables/ Outputs Submit a report to the Office of Energy including the procurement documents used to select the vendor, the contract between the Grantee and the vendor, photographs of the installed lighting, and a copy of the operation and maintenance manual. Submit a report to the Office of Energy including the procurement documents used to select the vendor and the contract between the Grantee and the vendor. Submit energy savings report on a monthly basis to the Office of Energy for a 1 -year period after installation completion 1 1 Start Month 3 22 Deadline Month 10 22 The budget below summarizes the project by Funding Category. All dollar amounts are rounded to the nearest whole dollar value. Funding Category 1. Salaries 2. Fringe Benefits FDACS-02017 Page 18 of 40 Grant Funds Cost Share: Matching Funds and Other In -Kind Contributions Funding Source of Funds 3. Travel (if authorized) 4. Supplies/Other Expenses 5. Equipment 6. Contractual Services 7. Indirect (if authorized) Total Project Budget Total Project Cost Cost Share Percentage* II. TOTAL BUDGET BY TASK: $70,547 $70,547 $79,267 12% $8,720 $8,720 Village Funds = Grants Funds + Cost Share = Cost Share / Total Project Cost 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: Matching Funds and Other In -Kind Contributions Matching Funds Source 1 Lighting Retrofit $70,547 $4,720 2 Project Administration $4,000 3 Monitor Energy Savings $0.00 $0.00 Totals: $70,547 $8,720 Total Project Cost: $79,267 = Grant Funds + Cost Share FDACS-02017 Page 19 of 40 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 appropnate 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 descnption 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 salanes by 2080 hours and nine month academic salaries by 1560 hours to find the hourly rate 2 Fr urge Benefits — Multiply the rate by the total salanes to which fringe benefits apply If the rate is variable explain and show calculations 3 Tr avel — List tnps by their purpose and/or destination Indicate the number of days for each trip The Department will only reimburse for travel at the appropnate State of Flonda rate (Section 112 061 Florida Statutes) using the forms referenced in Payment Request Packet Summary Form Be prepared to provide the Department with details on costs utilized to calculate the Amount Budgeted for each trip 4 Suppkes & 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 pnnting copying postage communications etc Non expendable equipment valued at less than $1 000 may be 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 $1 000 or more by description unit cost and quantity Computers and data processing equipment should be descnbed in detail 6 Contractual Son ices — Subcontractors should provide the same information required by this budget table with the following exceptions (a) when professional services are provided at a pre existing approved rate or fee shown on the budget or (b) the subcontract is to be obtained competitively For either (a) or (b) show an estimated maximum amount 7 Total Budget Category — Show the total of all line items within a Budget Category 8 Total Budget — Show the total of all categones FDACS 02017 Page 20 of 40 1 Salaries Salaries (Name/Position) N/A 2 Fringe Benefits Name of Employee N/A Hourly Cost ($) * * * * Hours/w k or % FTE Sub Totals for Salaries Category Total Gross Salary ($) Grant = G or Match = M M M M Direct costs used to calculate Indirect Cost" Y/N Admin Cost" Y/N N N N N N N Amount Gross Salary ($) Approved % per Work Plan or enter "N/A" & provide break out Benefit #1 & Cost $ $ $ Benefit #2 & Cost $ $ $ Benefit #3 & Cost $ $ $ Sub Total of Fringe Benefits Category Total Frmge Benefits ($) $ $ $ $1,932 00 3 Travel * Cannot exceed cost hmitations required by Section 112 061, Florida Statutes Name of Employee N/A Destination Period of Trip (# of days) Purpose of Trip Amount Budgeted $ $ $ $ Grant = G or Match = M M M M Direct costs used to calculate Indirect Cost" Y/N N N N Adman Cost Y/N N N N Grant = G or Match = M Direct costs used to calculate Indirect Cost" Y/N Adnnn Cost Y/N Sub Total of Travel Category FDACS 02017 Page 21 of 40 4. Supplies — Other Expenses Description N/A Unit Cost ($) Quantity * 5. Equipment Description Total Cost ($) $ Sub -Total of Supplies — Other Expenses Category $ Unit Cost ($) Quantity Sub -Total of Equipment Category 6. Contractual Services Grant = G or Match = M Direct costs used to calculate Indirect Cost? Y/N Admin. Cost Y/N Total Cost (5) Grant = G or Match = M Direct costs used to calculate Indirect Admin. Cost? Y/N Cost Y/N Name of Vendor TBD Description Fee/Rate (5) * Quantity Q — Total Cost (5) Grant = G or Match = M Direct costs used to calculate Indirect Cost? Y/N Admin. °DACS-02017 Electrical Contractor services (Design/install Lighting Retrofit - Remove and replace all the existing interior and exterior lighting fixtures at the Key Biscayne Community Center 123.59 * 609 = $75,267 G/M N Cost Y/N N age 22 of 40 and replace it with 609 energy efficient LED lights) TBD Proj ect Administration/ Grant Reporting 7. Indirect Cost (if approved) Budget Category included in Base of Indirect Cost Calculations Total Direct Costs for Budget Category S $4,000 1 Sub -Total of Contractual Services Category $4,000 N } $79,267 Approved Indirect Cost Rate (%) from Scope of Work Total Indirect Cost for Budget Category ($) Total Indirect Costs for Grant Total Indirect Costs for Match 4. $ 5 $ $ 8. Total Project Budget Budget Category Salaries Fringe Benefits Travel Supplies Equipment Contractual Sub -Total of Indirect Costs Category $ Total Costs for Budget Category Total Grant Costs $0 Total Match Costs SO $0 $0 $0 $0 $o Total Project Budget FDACS-02017 Page 23 of 40 $0 $79,267 $0 $70,547 $79,267 $70,547 $0 $0 $0 $o $0 $8,720 $8,720 J MEASURES OF SUCCESS The disbursement of cost share funds under this Agreement is contingent on the solicitation and participation of eligible recipients during the Agreement period The number of recipients participating and energy efficiency measures funded will vary according to interest need and timmg of implementation Therefore it is not possible to set a mimmum standard for the number of recipients energy efficiency measures implemented or amount of funds to be disbursed within the Agreement penod The Agreement amount is based on a preliminary assessment of need but the funds allocated may be less or more than the need anticipated In addition this Agreement provides only an administrative fee to the Subrecipient to cover the costs of carrying out the tasks/responsibilities identified in section II Therefore the minimum performance standard for this Agreement is to complete the items listed in that section In the Final Report the Subrecipient shall address how the project objectives were accomplished P4* 11115 SPACE INTENTIONAL LY LEFT BLANK FDACS 02017 Page 24 of 40 ADAM H. PUTNAM COMMISSIONER Florida Department of Agriculture and Consumer Services Office of Energy ATTACHMENT B GRANT AGREEMENT NO. LGO11 MONTHLY/QUARTERLY PROGRESS REPORT FORM Grant Agreement No.: Grantee Name: Grantee Address: Grantee's Representative: Monthly Reporting Period: Project Number and Title: Telephone No.: 1 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. FDACS-02017 Page 25 of 40 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. REPORTING Activities: Metric Area Description p Metric Description Unit of Measure Emissions Reductions Criteria air pollutants reduced (tons) Greenhouse gases reduced (CO2 equivalents) Energy Cost Savings Dollars Saved Energy Savings Reduction in natural gas consumption (million cu ft) Reduction in electricity consumption (megawatt hours) Reduction in electricity demand (megawatts) Reduction in fuel oil consumption (gallons) Reduction in propane consumption (gallons) G. 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/Quarterly Progress Report must contain a current list of subcontractors. *Ifgrantee does not have subc•ontractors le �• p .a. c .,W€( :.ui <-' fle101t•. Name of Subcontractor Address Current Total Amount of each Subcontract Description of Work Performed FDACS-02017 Page 26 of 40 LI. MINORITY/WOMAN/SERVICE-DISABLED VETERAN -OWNED BUSINESS LIST The Grantee is encouraged to use small businesses, including minority, woman and service -disabled veteran -owned businesses as subcontractors under this Grant Agreement. The Grantee is required to report information concerning their use of such businesses in each Monthly/Quarterly Progress Report. *If grantee does not have any subcontracts with minority/woman/service-disabled veteran- owned businesses, please state 'None' below. Name of Business Address Reporting Period Period (month) Total Amount Paid to Business during this Reporting Period Description of Goods/Services provided by Business . Type of Business (MinSer woman, Service - vice - disabled veteran - owned) This report is submitted in accordance with the reporting requirements of Grant Agreement No. LGO11 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Representative 444 FDACS-02017 Page 27 of 40 Date ATTACHMENT C (EXHIBIT —1) FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category DE-EE000-241 United States Department of Energy 81.041 State Energy Program $29,333.56 146556-17 DE-EE000-241 United States Department of Energy 81.041 State Energy Program $41,213.44 146556-18 State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year SFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award $70,547.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.]73/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/catalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. +44 FDACS-02017 Page 28 of 40 ADAM H. PUTNAM COMMISSIONER Florida Department of Agriculture and Consumer Services Office of Energy ATTACHMENT D CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS I. 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. ?. The undersigned also certifies that it and its principals: (a) Have not within a three year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with 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 a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. 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 ac day of Duetµ n , 20 Ik By thorized Signature/Recipient Andrea Agha, ViIIag Manager Typed Name/Title Village of_Key Biscayne Recipient's Firm Name 88 West MCIWegAScdress Building, Suite Number Key BiscayetsyRoalp Code FDACS-02017 Page 29 of 40 (305,}154b5felephone Number 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 Department of Agriculture and Consumer Services (Department) 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, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department 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 en-oneous. 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) 501-4873.) 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 .4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 444 FDACS-02017 Page 30 of 40 ADAM H. PUTNAM COMMISSIONER Florida Department of Agriculture and Consumer Services Office of Energy ATTACHMENT E GRANT AGREEMENT NO. LG011 FINAL REPORT Grant Agreement No.: Grantee Name: Grantee Address: Grantee's Representative: Reporting Period: Project Number and Title: I Telephone No.: 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. FDACS-02017 Page 31 of 40 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. REPORTING Activities: Metric Area Description Metric Desc tion Unit Of Measure Emissions Reductions Criteria air pollutants reduced (tons) Greenhouse gases reduced (CO2 equivalents) Energy Cost Savings Dollars Saved Energy Savings Reduction in natural gas consumption (million cu ft) Reduction in electricity consumption (megawatt hours) Reduction in electricity demand (megawatts) Reduction in fuel oil consumption (gallons) Reduction in propane consumption (gallons) Reduction in gasoline consumption (gallons) FDACS-02017 Page 32 of 40 H. 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/Quarterly Progress Report must contain a current list of subcontractors.. *If rantee does not Itrn r .V•uh<vurn-aetors ileac • > •t t N . s a t> r)rrnn . Name of Subcontractor _o,rc Address Current Total Amount of each Subcontract Description of Work Performed I. MINORITY/WOMAN/SERVICE-DISABLED VETERAN -OWNED BUSINESS LIST The Grantee is encouraged to use small businesses, including minority, woman and service -disabled veteran -owned businesses as subcontractors under this Grant Agreement. The Grantee is required to report information concerning their use of such businesses in each Monthly/Quarterly Progress Report. *If grantee does not have any subcontracts with minorityhvoman/service-disabled veteran- owned businesses, please state 'None' below. Name of Business Address Reporting Period (month) Total Amount Paid to Business during this Reporting Period lr Description of Goods/Services p Bsiiness by Type of Business (Minority, Woman, Senice- disatroe ran - ned) This report is submitted in accordance with the reporting requirements of Grant Agreement No. LGO11 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Representative FDACS-02017 Page 33 of 40 Date ADAM H. PUTNAM COMMISSIONER 1. Type of Federal Action: n Florida Department of Agriculture and Consumer Services Office of Energy ATTACHMENT F DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f loan insurance 4. Name and Address of Reporting Entity: 0 Prime 2. Status of Federal Action: n a. bid/offer/application b. initial award c. post -award 3. Report Type: a. initial filing b. material change For Nlaterial Change Only: year quarter date of last report ❑ Subawardee Tier , tfknown.. Congressional District, if known: 6. Federal Depa I t ment/Agency: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: 8. Federal Action Number, if known: 7. Federal Program Name/Description: CFDA Number, if applicable: 10. a. Name and Address of Lobbying Entity (if individual. last name, first name. MI): 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): (attach Continuation Sheet(s) SF-LLLA, if necessary) I. Information requested through this form is authorized by tide 31 U.S.C. section 1352. This disclosure of lobbying activities is a material 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 Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less Than 510,000 and not more than S100.000 for each such failure. Federal Use Only: Signature: /f Print Name: QN (',QQ aQ I/� 1441 �3 Title: Telephone No. 305.S5(( Date: a •a6•0 FDACS-02017 Page 34 of 40 Authorized for Local Reproduction Standard Fonn - LLL (Rev 7 - 97) INSTRUCTIONS FOR COMPLETION OF SF LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity whether subawardee or pnme Federal recipient at the initiation or receipt of a covered Federal action or a matenal 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 matenal change report Refer to the implementing guidance published by the Office of Management and Budget for additional information 1 2 3 4 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 Identify the status of the covered Federal action Identify the appropriate classification of this report If this is a followup report caused by a matenal 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 Enter the full name address city state and zip code of the reporting entity Include Congressional Distract if known Check the appropnate classification of the reporting entity that designates if it is or expects to be a pnme or subaward recipient Identify the tier of the subawardee e g the first subawardee of the pnme is the 1st tier Subawards include but are not limited to subcontracts subgrants and contract awards under grants 5 If the organization filing the report in item 4 checks Subawardee then enter the full name address city state and zip code of the pnme Federal recipient Include Congressional Distract, 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 descnption 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 appropnate 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 the Federal amount of the award/loan commitment for the pnme entity identified 10 (a) Enter the full name address city state and zip code of the lobbying entity engaged identified in item 4 to influence the covered Federal action (b) Enter the full names of the individual(s) performing services and include fill] address if different from 10 (a) Enter Last Name First Name and Middle Initial (MI) by the Federal agency enter in item 4 or 5 by the reporting entity 11 The certifying official shall sign and date the form punt his/her name title and telephone number According to the Paperwork Reduction Act as amended no per ons ar requ ed to espo d to a collect on of format on unless it d splays a valid OMB Control Number The valid OMB control number for this nformation collect on is OMB No 0348 0046 P bl c reporting burd n for this collect on of nformation is estimated to average 30 m nutes per response including time for reviewing instruct ons search ng ex sting data sources gathering and ma tan g the data needed and completing and reviewing the collection of nformation Send comments regarding the burden est mate or any otl er aspect of tl s collection of info mat on including suggestions for reducing this burden to the Off ce of Management a d Budget Paperwork Reduction Project (0348 0046), Washington, D C 20503 C4$ FDACS 02017 Page 35 of 40 ADAM H. PUTNAM COMMISSIONER Florida Department of Agriculture and Consumer Services Office of Energy ATTACHMENT G PROPERTY REPORTING FORM FOR GRANT AGREEMENT NO. LG011 (For Property With Grantee/Recipient Assigned Property Control Numbers) UNITED STATES DEPARTMENT OF ENERGY AWARDS GRANTEE: List non -expendable equipment/personal property* costing $1,000 or more purchased under the above Agreement. Also list all upgrades* under this Agreement, costing S1,000 or more, of property previously purchased under a Department Grant Agreement (identify the property upgraded and the applicable Department Agreement on a separate sheet). Complete the description (including manufacturer & model no.)/serial no cost, location/address and property control number columns of this form. The Grantee shall establish a unique identifier for tracking all personal property/equipment purchased under this Agreement and shall report the inventory of said property, on an annual basis. to the Department's Grant Manager. by Grant Agreement number. no later than January 31 for each year this Agreement is in effect. DESCRIPTION (INCLUDING MANUFACTURER & MODEL NO.) SERIAL NO./COST** LOCATION/ADDRESS GRANTEE/RECIPIENT ASSIGNED PROPERTY CONTROL NUMBER *Not including software. **Attach copy of invoice. bill of sale, or other documentation to support purchase. Grantee/Recipient: Grantee's/Recipient's Project Manager: Date: GRANT MANAGER: BELOW FOR DEPARTMENT USE ONLY MAINTAIN THIS DOCUMENT WITH A COPY OF THE INVOICES SUPPORTING THE COST OF EACH ITEM IDENTIFIED ABOVE IN YOUR AGREEMENT FILE. IF THE AGREEMENT IS A COST REIMBURSEMENT AGREEMENT, MAKE SURE TO SEND INVOICES SUPPORTING THE COST OF THE ITEMS TO FINANCE AND ACCOUNTING FOR THE PROCESSING OF THE GRANTEE'S/RECIPIENT'S INVOICE FOR PAYMENT. Grant Manager Signature: Date: FINANCE AND ACCOUNTING: No processing required by Finance & Accounting as the Grantee/Recipient is responsible for retaining ownership of the equipment/property upon satisfactory completion of the Agreement. 41 FDACS-02017 Page 36 of 40 ADAM H. PUTNAM COMMISSIONER Florida Department of Agriculture and Consumer Services Office of Energy ATTACHMENT H FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTORS PROVISIONS 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) - All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or 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 /2 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. FDACS-02017 6/16 Page 37 of 40 6 Clean Air Act (42 U S C 7401 et seq) and the Federal Water Pollution Control Act (33 U S C 1251 et seq) as amended Contracts and subgrants of amounts in excess of $100 000 shall contain a provision that requires the recipient to agree to comply with all applicable standards orders or regulations issued pursuant to 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 appropnated 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 obtaming any Federal award Such disclosures are forwarded from tier to tier up to the recipient 8 Debarment and Suspension (E 0 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 0 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 authonty other than E 0 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 Dnnkmg 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 discnmmation on the basis of handicaps (c) the Age Discnmmation Act of 1975 as amended (42 U S C 6101 6107) which prohibits discnmmation 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 nondiscnmmation 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 5 C 3601 et seq) as amended relating to nondiscnmination m the sale rental or fmancmg 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 pnncipal employment activities are funded m 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 m a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10 000 or more FDACS 02017 6/16 Page 38 of 40 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 m floodplam 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 Atr) 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 Dnnkmg 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 nvers 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 Comphance 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 Comphance with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued m accordance with the Energy Policy and Conservation Act (Pub L 94 163 89 Stat 871) 21 Assist the Commission in complying with the State Energy Conservation Program as described in the Code of Federal Regulations Title 10 Parts 420 and 450 and guidance issued by the U S Department of Energy and subsequent guidance issued by the U S Department of Energy the Financial Assistance Rules described in Title 10 Part 600 as well as those regulations concerning the use of oil overcharge recovery funds 22 The Commission reserves the right to transfer equipment acquired under this grant as provided in Title 10 Part 600 117 The Recipient can obtain a release of this right upon application containing certain commitments 23 Compliance with the Buy American Act (41 U S C 10a 10c) By accepting funds under this Agreement the 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 Amencan made 24 Preservation of open and competition and government neutrality towards contractors labor relations on federally funded construction projects a Unless m 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 mto or adhere to agreements with one or more labor organizations on the same or other related construction project(s) or 2 Otherwise discnminate against bidders offerors contractors or subcontractors for becoming or refusing to become or remain signatones or otherwise to adhere to agreements with one or more labor organizations on the same or other related construction project(s) FDACS 02017 6/16 Page 39 of 40 b The term construction contract as used in this provision means any contract for the construction rehabilitation alteration conversion extension or repair of buildmgs highways or other improvements to real property c Nothing in this provision prohibits bidders offerors contractors or subcontractors from voluntarily entenng 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 appropnate Inspector General any credible evidence that a pnnciple employee agent contractor sub grantee subcontractor or other person has submitted a false claim under the False Claims Act or has committed a cnminal or civil violation of laws pertaining to fraud conflict of mterest bnbery gratuity or similar misconduct involving those funds 4,04 FDACS 02017 6/16 Page 40 of 40