Item C11 C.11
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
October 16, 2019
Agenda Item Number: C.11
Agenda Item Summary #6115
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Rob Tudor(305) 292-4416
n/a
AGENDA ITEM WORDING: Approval of Amendment 1 to Grant Agreement No. LGO14 with
the Florida Department of Agriculture and Consumer Services (FDACS) for installation of LED
lighting systems at the Key West and Key Largo Libraries. This Amendment updates the change in
FDACS grant managers.
ITEM BACKGROUND: Monroe County is replacing 317 florescent lighting systems with LED
lighting systems at the libraries in Key West and Key Largo. The County received a grant of
$70,200.00 from the FDACS along with matching County funds of$26,075.00 to do the replacement
work. FDACS has replaced the grant manager Tracy O'Dell with Natasha Gonder under the
County's grant agreement. This amendment accounts for the change in managers.
PREVIOUS RELEVANT BOCC ACTION: 12/19/18 — BOCC approved a grant agreement with
FDACS in the amount of $70,200.00 with a 10% County match to upgrade the lighting systems to
LED at the Key West and Key Largo Libraries. 6/19/19 — BOCC approved a contract with Florida
Keys Electric, Inc. to purchase and install 317 LED lights and fixtures at both libraries.
CONTRACT/AGREEMENT CHANGES:
Grant Manager has changed and needs to be updated
STAFF RECOMMENDATION: Approval of Amendment 1.
DOCUMENTATION:
Amendment 1 to Energy Grant Agreement stamped
FDACS Contract 4025821 EXEC 12.19.18
FINANCIAL IMPACT:
Effective Date: November 20, 2018
Expiration Date: October 31, 2019
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C.11
Total Dollar Value of Contract: $96,275.00
Total Cost to County: $26,075.00
Current Year Portion: $26,075.00
Budgeted: n/a
Source of Funds: 20501 —Facilities
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: $70,200.00
County Match: $26,075.00
Insurance Required: Yes
Additional Details:
06/19/19 001-20501 - FACILITIES MAINTENANCE $26,075.00
REVIEWED BY:
Cary Knight Completed 10/01/2019 9:44 AM
Chris Ambrosio Completed 10/01/2019 10:48 AM
Budget and Finance Completed 10/01/2019 10:51 AM
Maria Slavik Completed 10/01/2019 11:01 AM
Kathy Peters Completed 10/01/2019 11:02 AM
Board of County Commissioners Pending 10/16/2019 9:00 AM
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C.11.a
FloridaDepartment of Agriculture and Consumer Services Page 1 c
u Division of Administration
NIcOL O FRIEDCONTRACT AMENDMENT
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Please Respond To: Florida Department at Agriculture U
and Consumer Services
Office of Energy LL
600 S.Calhoun Street,Suite B04 _
Tallahassee,FL 32399-0001 �
August 13, 2019
MONROE COUNTY ATTORNEY 0
PPR7VED AS TO FORS
. Cary Knight,ht Director of Project Management 'V r'
C+ i
Monroe County Board of County Commissioners
500 Whitehead Street �� G ��
IL
Key West, Florida 33040-6581 CHRIS A BROSIO �
ASSISTANT COUNTY ATTORNEY
Date: _
RE: Amendment of Contract ntr°act 25821 dated 12/19/18.
This letter, upon execution by bath parties and attachment to the original contract shall
serge to amend said contract. The contract shall be amended as follows:
The Grant Manager for the RECIPIENT is Tracy O'Dell and is located at 600 South Calhoun Street:,
Tallahassee, Florida 32399-0001, is hereby deleted in its entirety and replaced with the following:
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The Grant Manager for the RECIPIENT is Natasha Gonder and is located at 600 South Calhoun Street,
Tallahassee, Florida 32399-0001.
U)
O OTHER PROVISIONS S" THIS CONTRACT ARE AMENDED OR OTHERWISE E
ALTERED Y THIS AMENDMENT. �
JoeyB. l cks , n w,w
(Signature)
Director of Administration
Department of Agriculture (Title)
and Consumer Services
(Company)
(Date) (Date)
www.Fresh 6 romFlorida.com
DACS-01086 Kiev. 11/16
a,
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GO,GOURr4°
°y Kevin Madok, cPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
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DATE: January 11, 2019
TO: Tammy Sweeting _
Executive Assistant 3
FROM: Pamela G. HanCOoC.
SUBJECT: December 19'BOCC Meeting
Enclosed are two duplicate originals of Item C5, Grant Application submission and
approval of Department of Energy Federal Financial Assistance Sub-recipient Grant Agreement
with Florida Department of Agriculture and Consumer Services for$70,200.00 widi $7,800.00
County matching funds. Grant is to replace 317 antiquated, inefficient fluorescent light fixtures
with cost saving energy efficient LED ligliting systems at die Key West and Key Largo Libraries,
for your liandling:
Sliould you have any questions, please feel free to contact me at(305) 292-3550.
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cc: B. Erickson/A. Mytnik
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 301
Florida Department of Agriculture and Consumer S ®A�°P _
Division of Administration IN a CT
ADAM H.PUTNAM FEDERAL FINANCIAL ASSISTANCE 02582 1
COMMISSIONER SUBRECIPIENT AGREEMENT
This Federal Financial Assistance Subrecipient Agreement
("AGREEMENT") made and entered into this IGit~ day
of 1,je , 20_19 by and between the FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER- SERVICES, ("RECIPIENT") , and Monroe county
Board of County Commissioners, ("SUBRECIPIENT") . The SUBRECIPIENT
shall perform the Scope of Work contained in Attachment A of the
agreement . The Department of Management Services ' designated United E
Nations Standard Products and Services Code (UNSPSC)
is : 83101902 (Energy Use Reduction Measures) .
A. SUBAWARD AMOUNT
1. The total award amount for satisfactorily completing the Scope
of Work is $70, 200 . 00 . In no event shall the RECIPIENT be
liable for payment of any amount, which exceeds the total award
amount.
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 00
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31st day of October of 2020 . All installation work must be
completed by October 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
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prior to the end of the Term. Extension requests, which exceed
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the federal agency award period, will not be granted. LO
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"g (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.
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2 . Compliance with 2 CFR, Part 25 is not required for individuals.
D. FINANCIAL AND PROGRAM MANAGEMENT
1 . Statutory and National Policy Requirements
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C.11.b
a. All expenditures of federal financial assistance under the
AGREEMENT shall be in compliance with all applicable laws,
rules and regulations applicable to expenditures of federal
funds.
b. The SUBRECIPIENT shall implement applicable National Policy
Requirements .
2 . Deliverables
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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 E
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
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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, 00
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use adequate internal controls and maintain necessary source
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documentation for all costs incurred.
4 . Reimbursement Requests
a. The allowability of costs shall be in accordance with the 00
federal financial assistance cost principles applicable to v
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, U
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 LL
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
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C.11.b
SUBRECIPIENT representative shall sign the certifications on
the payment request packet submitted.
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 �s
reimbursement details shall use the online reimbursement
system instead of the payment request packet. LL
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 0
for travel .ex enses An travel p y 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.
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c. Payment is contingent upon the availability of funding from
the federal agency and SUBRECIPIENT' S compliance with the
terms and conditions of this AGREEMENT.
d. The final payment under this AGREEMENT shall be made upon
completion of the Scope of Work including all deliverables 00
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and the receipt and approval of all reports required N
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.
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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
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principal and interest on loans made, with federal award
funds" . 2 CFR, 200 . 80 -
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 LL
lists costs and budget categories to fund the SUBRECIPIENT' s
performance of the Scope of Work, including the completion of
Deliverables .
b. SUBRECIPIENT is requiredP an to report transfers from one
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approved budget category to another approved budget category.
If the cumulative budget transfers meet or exceed ten percent
(10i) , prior approval, evidenced by contract amendment, is
required.
c. Prior approval, evidenced by contract amendment, is required
for:
(1) any transfers from an approved budget category to an E
unapproved budget category. An unapproved budget
category is defined as having no funds allocated in the
original Budget Plan.
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(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.
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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, 0
changes in key personnel, reduction of work effort by key
personnel and delays in completion of the work.
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9 . Acknowledgement s
a. The SUBRECIPIENT shall have an acknowledgement of the United
States Department of, Energy support placed on any publication
written or published or audiovisual produced with grant
support and, if feasible, on any publication reporting the
results of, or describing, a grant-supported activity, or
audiovisuals produced with grant support. This requirement
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C.11.b
does not apply to audiovisuals produced as research
instruments or for documenting experimentations or findings
and not intended for presentation or distribution to the
public.
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 authors) and do not necessarily reflect the
view of the United States Department of Energy" .
e. Language shall read:
The ,work upon which this (insert publication or
audiovisual or both) is based was funded, in whole or in o
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. 00
E. PROPERTY STANDARDS
1. Equipment and Real Property
a. Equipment must be used in the project for which the federal 00
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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.
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C.11.b
d. A physical inventory is required at least once every two
years.
e. If the equipment and/or real property are to be sold or used
as a trade-in, approval of .the RECIPIENT is required.
f . At the end of the award period, the SUBRECIPIENT is required
to request from the RECIPIENT disposal instructions- and is
required to notify the RECIPIENT of the fair market value of
the equipment and/or real property.
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2 . Insurance Coverage 3
a. The SUBRECIPIENT will carry sufficient insurance coverage to E
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
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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 E
by Florida or federal law. Neither the SUBRECIPIENT nor any
individual employed under this AGREEMENT shall have any 00
proprietary interest in such property.
b. With respect to each Deliverable that constitutes a work of �s
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 00
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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
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C.11.b
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.
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.
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3 . The matching or cost share portion must be incurred in direct
proportion to the amount of federal funds used.
4 . The matching or cost share portion must be reported based upon
the Budget Plan -submitted with the APPLICATION and Attachment
A, Scope of Work.
S . Records for in-kind contributions, which are based upon
volunteer hours, must have timesheets or a sign in/sign out log c
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. 00
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
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other cost sharing requirements . Neither costs nor values of 00
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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.
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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.
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C.11.b
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.
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
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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) 00
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days after written notice from the RECIPIENT shall result in
suspension and/or termination of the AGREEMENT. ' v
I. RECORD RETENTION AND ACCESS
1. Retention Requirements for Records 00
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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, LL
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.
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C.11.b
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 :
OFFICE OF GENERAL COUNSEL
407 SOUTH CALHOUN STREET, SUITE 520,
TALLAHASSEE, FL 32399
PHONE: (850) 245-1000
EMAIL: PRCUSTODIAN@FRESHFROMFLORIDA.COM E
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.
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c . Wholly or partly suspend or terminate this AGREEMENT.
2 . Termination 00
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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;
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(2) Fails, to timely fulfill its obligations under the
AGREEMENT;
(3) Improperly or illegally uses funds provided under this
AGREEMENT; or
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C.11.b
(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.
K. CLOSE OUT
1. Notwithstanding the termination or expiration of this AGREEMENT, E
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.
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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. 00
L. AUDIT REQUIREMENTS cv
1. Audit Provisions
a. If the SUBRECIPIENT is a state or local government or a 00
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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.
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c. Audit provisions are not required for a SUBRECIPIENT who is
an individual.
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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.
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C.11.b
e. If the. SUBRECIPIENT expends less than $750, 000 in federal
awards in its fiscal year, an audit conducted in accordance
with the provisions of 2 CFR, Part 200 Subpart F is not
required. Records must be available for audit or review if
necessary.
f. If the SUBRECIPIENT expends less than $750, 000 in federal cis
awards in its fiscal year and elects to have an audit
conducted, the cost of the audit must be paid from non LL
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federal resources.
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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 of00
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 . 00
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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
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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.
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C.11.b
6. Subrecipient Responsibilities
a. The SUBRECIPIENT shall arrange for the audit to be conducted
in a timely manner and submitted as required in 2 CFR,
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
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action on audit findings.
d. The SUBRECIPIENT will provide the auditor with access to
records, personnel, documentation and other information as
needed by the auditor.
7 . Audit Findings Follow-up
a. At the completion of the audit, the' SUBRECIPIENT must
prepare, in a document separate from the auditor' s findings a
corrective action plan to address each audit finding included
in the current year auditor' s reports.
b. The corrective action plan must provide the name (s) of the 0
contact person(s) responsible for corrective action, the
corrective action planned and the anticipated completion 0
date.
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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
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by the SUBRECIPIENT within thirty (30) days after receipt byLO
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 LL
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a. The audit must be completed and the data collection form and E
reporting package must be submitted within the earlier of
thirty (30) calendar days after receipt of the auditor' s
reports) or nine months after the end of the audit period.
If the due date falls on a Saturday, Sunday, or Federal
holiday, the reporting package is due the next business day.
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C.11.b
b. The SUBRECIPIENT must submit required data elements described
in Appendix X to 2 CFR, Part 200 - Data Collection Form (SF-
SAC) , ,which states whether the audit was completed in
accordance with this part and provide information about the
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, LL
the data was prepared in accordance with 2 CFR, 200 . 512, the
.reporting package does not include protected personally
identifiable information, the information is accurate and
complete and the reporting package and form will be publicly 0
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 .
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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 . 1700
period of five (5) years from the date the audit report is
issued, unless extended in writing by the RECIPIENT.
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M. GENERAL CONDITIONS
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1 . Nothing contained in the AGREEMENT is intended to, or will LO
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
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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
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property to a public entity, may not be awarded or perform
work as a SUBRECIPIENT, supplier, subcontractor, or
consultant under a contract with any public, entity and may
not transact business with any public entity in excess of
the threshold amount provided in Section 287 . 017, Florida
Statutes, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list.
5 . The CONTRACTOR shall not discriminate on the basis of race,
sex, religion, color, national origin age or disability
and shall comply with all applicable state and federal
laws and regulations related thereto, including without
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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 00
17
unauthorized aliens by any SUBRECIPIENT is considered a
violation of Section 274A (e) of the Immigration and cv
Nationality Act. If the SUBRECIPIENT knowingly employs
unauthorized aliens, such violation shall be cause for
unilateral cancellation of the AGREEMENT.
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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 �s
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, LL
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
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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
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covered transaction, with a person who is similarly
debarred or suspended from participating in this covered
transaction.
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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
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RECIPIENT for its review and approval .
11. The SUBRECIPIENT will, to the extent permitted by law, E
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 00
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 �s
otherwise apply.
12 . The SUBRECIPIENT will comply with section 20 . 055, Florida 00
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Statutes. N
This AGREEMENT may be amended at any time provided that such
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amendments make specific reference to this AGREEMENT and are
executed in writing and signed by a duly authorized representative
of each party.
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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.
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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 �s
B - Monthly/Quarterly Performance Progress Report
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C - Exhibit 1
D - Certification Regrading Debarments, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Federally Funded Transactions
E - Final Report
F - Disclosure of Lobbying Activities
G - Property Reporting Form
H - Federal Funding Grantee, Sub-Grantee and Contractor Provisions
This AGREEMENT constitutes the entire AGREEMENT between the
RECIPIENT and the SUBRECIPIENT for the use of the funds received
under this AGREEMENT.
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The Grant Manager for the RECIPIENT is Tracy O' Dell and is located
at 600 South Calhoun Street, Tallahassee, Florida 32399-0001.
The Grant Manager for the SUBRECIPIENT is Ray Sanders and is located
at 1100 Simonton Street, Room 2-216, Key West, Florida 33040-3110 .
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Federal resources awarded to the SUBRECIPIENT pursuant to this
agreement are from (United States Department of Energy, federal v
Grant Number DE-EE000241 State Energy Program (SEP) )M1u1
Federal Domestic Assistance (81 . 041) , United States II �ROC (� ORNEI
y� FORM
Energy.
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Signed by parties to this AGREEMENT: IS AMB OSIO vA
ASSISTANT C N. ATTORNEY
FLORIDA DEPARTMENT OF AGRICULTURE SUBR CI IENT Date: . L
AND CONSUMER SERVICES BO 0 COUNTY CO SI( RSV.
MON 0 COUNTYWRIRI �`T3
G'J
Si4xrature gnatur ylvia J. M _e: a
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Director of Administration / Mayor =� ' C)
Title Ti
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Date Date
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Florida Department of Agriculture and Consumer Services
Office of Energy
ATTACHMENT A
GRANT AGREEMENT NO. LGO14
ADAM H.PUTNAM SCOPE OF WORK
COMMISSIONER
A. PROJECT TITLE: Monroe County Public Library Lighting
B. PROJECT LOCATION: Key West Public Library(700 Fleming Street, Key West, Florida 33030)
and Key Largo Public Library(101485 Overseas Highway, Key Largo, Florida 33037)
C. PROJECT BACKGROUND: This funding was allocated to the Florida Department of
Agriculture and Consumer Services, Office of Energy from the U.S. Department of Energy (USDOE).
The purpose of this grant program is to assist eligible small local government entities (local
municipalities with a population of up to 50,000; and counties with an unincorporated population of us
to 200,000) in reducing.their total energy use, increase energy efficiency, reduce energy costs through
the replacement of inefficient lighting with energy efficient lighting, and evaluate actual energy
savings received as a result of the project. This competitive grant program is designed to provide
funding to eligible local governments to make energy efficient upgrades to indoor or outdoor lighting
in publicly accessible, community-oriented facilities, such as libraries, museums, parks, and
community centers (examples given for illustrative purposes only). Energy savings must be tracked by
the subrecipient for at least one year following completion of the project and reported to the
department.
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D. PROJECT OBJECTIVES: The goal of the SEP is to provide leadership to maximize the benefits
17
of energy efficiency and renewable energy through communications and outreach activities,
technology deployment and accessing new partnerships and resources. The USDOE has established
the following objectives that complement program goals articulated in the SEP Strategic Plan:
• Transform energy markets in partnership with states to accelerate near term deployment of
energy efficiency and renewable technologies. 00
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• 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.
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E.PROJECT DESCRIPTION:
• Task 1: Remove and replace 217 florescent light fixtures with energy efficient LED light
fixtures at the Key West Public Library.
• Task 1 a: Select a vendor following the procurement procedures of 2 CFR 200,to install
energy efficient LED lighting.
• Task lb: Complete engineering and design plans.
• Task 1 c: Obtain permits, if necessary.
• Task 1 d: Install lights, controls and wiring.
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• Task 1 e: Submit a report to the Office of Energy including the procurement documents
used to select the vendor, the contract between the Grantee and the vendor, photographs
of the installed lighting, and a copy of the operation and maintenance manual.
• Task 2: Remove and replace 100 florescent light fixtures with energy efficient LED light
fixtures at the Key Largo Public Library.
• Task 2a: Select a vendor following the procurement procedures of 2 CFR 200,to install
energy efficient LED lighting.
• Task 2b: Complete engineering and design plans.
• Task 2c: Obtain permits, if necessary.
• Task 2d: Install lights, controls and wiring.
• Task 2e: Submit a report to the Office of Energy including the procurement documents
used to select the vendor, the contract between the Grantee and the vendor, photographs
of the installed lighting, and a copy of the operation and maintenance manual.
• Task 3: Monitor Energy usage/savings. Energy savings/usage will be tracked for a 1-year
period after the completion of the installation.
F. PROJECT MILESTONES/DELIVERABLES/OUTPUTS:
The table below identifies the month of the project each task will start and be accomplished.
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Task/Ach�ty 5 Startf? _,Deadime
No. x , . � Delrr�erables/Outputs ' f> `
s ��D'e`s�i `.' .•: �' ;, y �.� r K�onth� j Month,
1 Key West Public Library Submit a report to the Office of 1 3 �
Lighting Retrofit Energy including the
(Remove and replace 217 procurement documents used to
florescent light fixtures select the vendor, the contract 00
with energy efficient between the Grantee and the
LED light fixtures at the vendor,photographs of the
Key West Public installed lighting, and a copy of �s
Library) the operation and maintenance
manual
2 Key Largo Public Submit a report to the Office of 1 3 00
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Library Lighting Retrofit Energy including the
(Remove and replace 100 procurement documents used to
florescent light fixtures select the vendor,the contract
with energy efficient between the Grantee and the
LED light fixtures at the vendor,photographs of the
Key Largo Public installed lighting, and a copy of
Library) the operation and maintenance
manual
3 Monitor Energy Savings Submit energy savings report on 10 22 0
a monthly basis to the Office of
Energy for a 1-year period after
installation completion
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G. PROJECT BUDGET:
The budget below summarizes the project by Funding Category. All dollar amounts are rounded to the
nearest whole dollar value.
t' j 1Wig< 11I" t
��Fundmg NM
Category Grant Funds x Other IKind4Goritributions
�. ,�..�. ;3 >Ctztndin .«r�i � r� Source of Funds
1. Salaries
2. Fringe Benefits
3. Travel if authorized
4. Supplies/Other Expenses
5. Equipment E
6. Contractual Services $70,200 $7,800 County Ad Valorem
7. Indirect if authorized
Total Project Budget $70,200 $7,800 .
Total Project Cost $78,000 �.`GrantssFunds+ost±5 area'AR Vol,` ;�,ua a
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Cost Share Percentage* 10% C / otaidPro ect�Costz.. ,- ost ISh�re T 0
H. TOTAL BUDGET BY TASK:
The project budget below summarizes the project by Project Task. Project Tasks correspond to the
"Project Description" section. All dollar amounts are rounded to the nearest whole dollar value.
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a ,s
Pro,ect Task ` Grant Fund_s Other In Kind Contributions17
'- M.atchur Funds w Source
1 Key West Public $52,200 $5,800 County Ad Valorem
Library Lighting Li tin W
Retrofit
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2 Key Largo Public $18,000 $2,000 County Ad Valorem
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Library LightingLO
Retrofit
3 Monitor Energy $0.00 $0.00
Savings
Totals: $70,200 $7,800
Total Project Cost: $78,000 =, GraritrFuds+Cost$hares,: j !� �; };
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I. BUDGET DETAIL:
Using the definitions provided below,the detailed, line-item budget clarifies the Budget Summary
shown in Section G. Budget Category Sub-Totals have been rounded to the nearest whole dollar value.
Up to 10% of grant funds may be used for administrative costs, excluding the cost of meeting reporting
requirements of the program. Administrative costs are defined as: allowable, reasonable, and
allocable Direct and Indirect costs related to overall management of the awarded grant(including
travel). For each budget line-item, the appropriate column identifies if the cost is: 1) Grant or Match,
2) a Direct cost used to calculate Indirect Costs (if approved) and 3) whether the cost is Administrative
in nature. A description of what is required for each budget category is as follows:
1. Salaries—Identify the persons to be compensated for work on this project by name(if known),
position, and title. Show the hourly cost and total hours to be charged for each person or position.
Divide annual salaries by 2080 hours and nine month academic salaries by 1560 hours,to find the
hourly rate.
2. Fringe Benefits—Multiply the rate by the total salaries to which fringe benefits apply. If the rate
is variable, explain and show calculations.
3. Travel—List trips by their purpose and/or destination. Indicate the number of days for each trip.
The Department will only reimburse for travel at the appropriate State of Florida rate(Section B
112.061, Florida Statutes),using the forms referenced in Payment Packet Summary Form. Be
prepared to provide the Department with details on costs utilized to calculate the"Amount
Budgeted"for each trip.
4. Supplies & Other Expenses—List expendable supplies by category description,unit costs and
quantity. List other expenses not included in any of the above categories. Examples would be 00
printing, copying,postage, communications, etc: Non-expendable equipment valued at less than 17
$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).
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5. Equipment—List non-expendable personal property/equipment valued at $1,000 or more by
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description,unit cost, and quantity. Computers and data-processing equipment should be v
described in detail.
6. Contractual Services—Subcontractors should provide the same information required by this
budget table,with the following exceptions: (a)when professional services are provided at a pre- �s
existing approved rate or fee shown on the budget; or(b)the subcontract is to be obtained
competitively. For either(a) or (b), show an estimated maximum amount.
7. Total Bud e�gory—Show the total of all line-items within a Budget Category.
8. Total Budget—Show the total of all categories.
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1.Salaries
Direct costs
used to
Hours/w Grant=G calculate
Hourly Cost k.or% Total Gross or Indirect Admin.
Salaries(Name/Position) $ * FTE = Salary $ Match=M Cost?Y/N Cost? Y/N
N/A
* _
Sub-Totals for Salaries CategoryU
2.Fringe Benefits
Approved% Direct costs
Amount per Work Plan used to
Gross or enter"N/A" Benefit Benefit Benefit Grant=G calculate
Name of Salary &provide #1 #2 #3 Total Fringe or Indirect Admin.
Employee $ break-out &Cost &Cost &Cost Benefits $ Match=M Cost?Y/N Cost Y/N
N/A $ $ $ $
$ $ $ $
Sub-Total of Fringe Benefits Category
e�
3.Travel *Cannot exceed cost limitations re uired by Section 112.061,Florida Statutes
.Direct costs
used to as
Period of Grant=G" calculate
Name of Trip(#of Amount or Indirect Admin.
Employee Destination days) Purpose of Trip Budgeted Match=M Cost?Y/N Cost Y/N
N/A $
$
Sub-Total of Travel Cate o $
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4.Supplies—Other Expenses
Direct costs
Grant=G used to
or calculate
Total Cost Match= Indirect Admin.
Description Unit Cost Quantity (S) M Cost?Y/N Cost Y/N
$
Sub-Total of Supplies—Other Expenses Category $
5.Equipment
Direct costs
Grant=G used to
or calculate
Total Cost Match= Indirect Admin. 0
Description Unit Cost $ * Quantity = $ M Cost?Y/N Cost Y/N E
$ * _ $
$ * _ $
Sub-Total of Equipment Category $
6.Contractual Services
Direct costs
Grant=G used to
or calculate
Fee/Rate Total Cost Match= Indirect Admin.
Name of Vendor Description $ * Quantity = M Cost?Y/N Cost Y/N
TBD Electrical Contractor
(Design/install—
Remove and replace
317 lighting fixtures
with 317 energy
efficient LED light _
fixtures) $78,000 * 1 = $78,000 G/M N N 00
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$ * _ $
Sub-Total of Contractual Services Category 1 $78,000
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7.Indirect Cost if a proved
Budget Category Approved Total Indirect
included in Base of Total Direct Costs Indirect Cost Cost for Total Indirect Total Indirect
Indirect Cost for Budget Rate(%)from Budget Costs for Costs for
Calculations Category * Scope of Work = Category $ = Grant + Match
$ * _ $ _ $ + $
$ * _ $ _ $ + $
$ _ $ _ $ + $
Sub-Total of Indirect Costs Category $ _ $ - + $
8.Total Project Budget
Budget Category Total Costs for Budget Category = Total Grant Costs + Total Match Costs
Salaries $0 = $0 + $0 0
Fringe Benefits $0 = $0 + $0
Travel $0 = $0 + $0
Supplies $0 = $0 + $0
Equipment $0 = $0 + $0
Contractual $78,000 = $70,200 + $7,800
Total Project Budget 1 $78,000 1 $70,200 + $7,800
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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
timing of implementation. Therefore,it is not possible to set a minimum standard for the number of producers,energy efficiency measures
implemented,or amount of funds to be disbursed within the Agreement period: The Agreement amount is based on a preliminary assessment of
need,but the funds allocated may be less or more than the need anticipated. In.addition,this Agreement provides only an administrative fee to
the Subrecipient to cover the costs of carrying out the tasks/responsibilities identified in section Il. Therefore,the minimum performance
standard for this Agreement is to complete the items listed in that section.
In the Final Report,the Subrecipient shall address how the project objectives were accomplished.
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Florida Department of Agriculture and Consumer Services
Y Office of Energy
4
ATTACHMENT B
GRANT AGREEMENT NO. LGO14
ADAM H.PUTNAM
MONTHLY/QUARTERLY PROGRESS REPORT FORM
COMMISSIONER
Grant Agreement No.:
Grantee Name: -
Grantee Address:
Grantee's Representative: Telephone No.:
Monthly Reporting Period:
Pro'ect Number and Title:
A.Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met,
provide reasons why.)
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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.
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C. Provide an update on the estimated time for completion of the project and an
explanation for any anticipated delays.
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D. Provide any additional pertinent information including,when appropriate, analysis and
explanation of cost overruns or high unit costs.
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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.).
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F. REPORTING
Activities: 0
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Emissions Reductions Criteria air pollutants reduced tons
Greenhouse gases reduced CO2 equivalents) 04
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Energy Cost Savings Dollars Saved
Reduction in nattiral gas consumption million cu ft U
Reduction in electricity consumption(megawatt hours
Energy Savings Reduction in electricity demand(megawatts)
Reduction in fuel oil consumption(gallons) 4
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Reduction in propane consumption(gallons)
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G. SUBCONTRACTOR LIST
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The Grantee may subcontract work under this Grant Agreement without the prior approval of the Grant Manager,
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upon the condition that each Monthly/Quarterly Progress Report must contain a current list of subcontractors. t�
Affizrantee does not have subcontractors,please state None'below.
ame of ► rre t otal Amo t Dese do f o
Su contracto Address of each Sub_contrac P, ,or od
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H. 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.
otal Amour o Busmess
atd o siuess ti n f 0
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rio o ng r aise c era - 0
arm of usineas d. .ess mon a od as ess ox n E
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This report is submitted in accordance with the reporting requirements of Grant Agreement
No. LGO14 and accurately reflects the activities and costs associated with the subject project.
C
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Signature of Grantee's Representative Date E
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ATTACHMENT C(EXHIBIT—1)
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
.DE-EE0000241 United States Department of Energy 87.041 State Energy Program $70,200.00 146556-18
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State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Pra rams:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
E
State Resources Awarded to the Recipient Pursuant to this A cement Consist of the Following Resources Subject to Section 215.97 F.
State Program CSFA Title State
Number State SFA or Appropriation
FundingSource Fiscal Year Number Fund' Source Description Funding Amount Category M
Total Award $70,200.00 tm
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For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA)
rhttp://12 46 245 173/cfda/efda.htin and/or the Florida Catalog of State Financial Assistance (CSFA) rhtros://apes.fldfs.com/fsaa/catalog.aspxl. The
services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated
in the Contract.
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Florida Department of Agriculture and Consumer Services
.� Office of Energy
ATTACHMENT D
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER is
ADAM H. FEDERALLY FUNDED TRANSACTIONS
PUTNAM
COMMISSIONER
a
1. The undersigned hereby certifies that neither it nor its principals is presently debarred,suspended,proposed for
debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal
department or agency. 0
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2. The undersigned also certifies that it and its principals:
(a) Have-not within a three year period preceding this certification been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
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 00
(Federal,State or local)terminated for cause or default. 17
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 day of ,20
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Authorized Signature/Recipient
Typed Name/Title
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Recipient's Firm Name
Street Address
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Building,Suite Number
City/State/Zip Code
Area Code/Telephone Number
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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 LL
Federal Government,Florida Department of Agriculture and Consumer Services(Department)or
agencies with which this transaction originated may pursue available remedies,including 3
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
0
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 00
Tier Covered Transaction,"without modification,in all contracts or lower tier covered
transactions and in all solicitations for lower tier covered transactions.
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7. A participant in a covered transaction may rely upon a certification of a prospective participant d>
in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9,
Subpart 9.4,debarred,suspended,ineligible,or voluntarily excluded from the covered
transaction,unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant 00
LO
may,but is not required to,check the Nonprocurement List(Telephone No.(202)5014740 or cv
(202)5014873.)
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 LL
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.
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D
Florida Department of Agriculture and Consumer Services
Office of Energy
ATTACHMENT E
GRANT AGREEMENT NO. LGO14
FINAL REPORT
ADAM H.PUTNAM
COMMISSIONER
Grant Agreement No.:
Grantee Name:
Grantee Address:
Grantee's Representative: Telephone No.:
Reporting Period:
Project Number and Title:
A. Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met,
provide reasons why.)
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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.
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C. Provide an update on the estimated time for completion of the project and an
explanation for any anticipated delays.
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D. Provide any additional pertinent information including,when appropriate, analysis and
explanation of cost overruns or high unit costs.
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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.).
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F.REPORTING 00
Activities:
po
7Emissions Reductions Criteria air pollutants reduced tons
Greenhouse gases reduced CO2 equivalents)er Cost Savin s Dollars Saved eO
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Reduction in natural gas consumption million cu ft
Reduction in electricity consumption(megawatt hours
Reduction in electricity demand nie awatts M
Reduction in fuel oil consumption(gallons)
Energy Savings Reduction in propane consumption(gallons) U
Reduction in gasoline consumption(gallons)
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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..
*1 rantee does not have subcontractors,please state None'below.
Nam of C►urr t otaE Amoun11111111DIM '611111111 o
S_ hcon. , ctor Bess o each S bcontract erform
a
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.
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*Ifgrantee does not have any subcontracts with minority/woman/service-disabled veteran-owned businesses,please
state `None'below.
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This report is submitted in accordance with the reporting requirements of Grant Agreement LO
No. LGO14 and accurately reflects the activities and costs associated with the subject project. CD
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Signature of Grantee's Representative Date
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Florida Department of Agriculture and Consumer Services
td Office of Energy
ATTACHMENT F
DISCLOSURE OF LOBBYING ACTIVITIES
ADAM H.PUTNAM
COMMISSIONER
Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352
(See reverse for public burden disclosure.) LL
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract ❑ a. bid/offer/application a. initial filing
b. grant b. material change da
c. cooperative agreement b. initial award
d. loan c. post-award For Material Change Only:
e. loan guarantee
f loan insurance year quarter
date of last report
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee,Enter Name
and Address of Prime:
❑ Prime ❑ Subawardee
Tier if known:
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Congressional District,if known:' Congressional District,ifknown:
6. Federal Department/Agency: 7. Federal Program Name/Description: 00
CFDA Number,if applicable:
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S. Federal Action Number,if known: 9. Award Amount,if known: g,
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services(including address if
(if individual,last name,first name,MI): different from No.l0a)
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(last name,first name,MI): to
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CD
attach Continuation Sheets SF-LLLA,if necessary)
Signature:
11. Information requested through this form is authorized by titre 31 U.S.C.
section 1352. This disclosure of lobbying activities is a material print Name
representation of fact upon which reliance was placed by the tier above tm
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 file the required disclosure shall be subject to a civil Telephone No.: Date:
penalty of not less than S10,000 and not more than$100,000 for each such
failure.
Authorized for Local Reproduction
Standard Form—LLL(Rev 7—97)
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INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the
initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity
for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or
employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action.
Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance
published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence
the outcome of a covered Federal action. LL
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change
to the information previously reported,enter the year and quarter in which the change occurred. Enter the
date of the last previously submitted report by the reporting entity for this covered Federal action.
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District,if
known. Check the appropriate classification of the reporting entity that designates if it is or expects to be,a
prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the
1 st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks"Subawardee",then enter the full name,address,city,
state and zip code of the prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one O
organizational level below agency name,if known. For example,Department of Transportation,United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the
full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and
loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1
(e.g.,Request for Proposal(RFP)number;Invitation for Bid(IFB)number;grant announcement number;the
contract,grant,or loan award number;the application/proposal control number assigned by the Federal 00
agency). Include prefixes,e.g.,"RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10.(a) Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influence the covered Federal action.
T-
(b) Enter the full names of the individual(s)performing services,and include full address if different from 10(a). 00
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Enter Last Name,First Name,and Middle Initial(MI).
CD
11. The certifying official shall sign and date the form,print his/her name,title and telephone number.
According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information
unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB
O
No.0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, t>
including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and t!)
completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect
of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,
Paperwork Reduction Project 0348-0046 Washington,D.C. 20503. LL
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Office of Energy
ATTACHMENT G
' PROPERTY REPORTING FORM FOR GRANT AGREEMENT NO.LGO14
(For Property With Grantee/Recipient Assigned Property Control Numbers)
ADAM H.PUTNAM
COMMISSIONER UNITED STATES DEPARTMENT OF ENERGY AWARDS
GRANTEE: List non-expendable equipment/personal property-costing$1,000 or more purchased under the above Agreement. Also list all upgrades'under this Agreement,costing S1,000 or more,of property
previously purchased under a Department Giant Agreement(identify the property upgraded and the applicable Department Agreement on a separate sheet). Complete the description(including manufacturer&model
no.)/serial no cost,location/address and property control number columns of this form.The Grantee shall establish a unique identifier for tracking all personal property/equipment purchased under this Agreement and
shall report the inventory of said property,on an annual basis,to the Department's Grant Manager,by Grant Agreement number,no later than January 31 for each year this Agreement is in effect.
l
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-AN TWIRECIP,IENT
DESCRIPTION' SERIAL NO!COST'# LOCATIONIADORESS ASSIGNED PROPEIYGY
INCLUDING MANi7F'ACTURER&MODEL NO ,-?•;, c.n?` - rt `,t CONTROL NUMBER
a
'Not including software. '"Attach copy of invoice,bill of sale,or other documentation to support purchase.
Grantee/Recipient: Grantee's/Recipient's Project Manager: Date:
�' BELOWsFORDEPATtTMENT f)SErONLY r
GRANT MANAGER: MAINTAIN=THIS DOCUMENT WITH A C3OPY,OF THE INVOIC-ES SUPPORTING THE COST'OF EACH ITEM IDENTIFIED'A)tOVEi:IN YOUR
AGREEINENT FILE IF21`RE AGREEMENT I$MCOSI'REIMBURSEMENT AGREEMENT MAKE SURE TO SEND INVOICES`SUPP,_ORTING TiHE COST
OE3[HE ITEMS TO FINANCE ANWACCOUNTING FOIL THE PROCESSING OF;T+HP GRANTEE'S/RECIPIENT'S INVOICE?FOR PAYMENT
Gratit:Manager Signature:
Date
FINANCE AND ACCOUNTING:No processing required by Finance&Accounting as the GrantectRecipient is responsible for retaining ownership of the equipment/property upon satisfactory completion of the
Agreement. 0
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Florida Department of Agriculture and Consumer Services
" Office of Energy
ATTACHMENT H
FEDERAL FUNDING GRANTEE, SUBGRANTEE AND
ADAM H.PUTNAM CONTRACTORS PROVISIONS
COMMISSIONER PURSUANT TO
AMERICAN RECOVERY AND REINVESTMENT ACT
UNITED STATES DEPARTMENT OF ENERGY AWARDS
a
All subgrants and contracts awarded by the Grantee,including small purchases,shall contain the following provisions
as applicable: 0
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 00
provision for compliance with the Davis-Bacon Act(40 U.S.C.276a to a-7)and as supplemented by 17
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 t3
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
00
of the wage determination.The recipient shall report all suspected or reported violations to the Federal LO
awarding agency.
4. Contract Work Hours and Safety Standards Act(40 U.S.C.327-333)-Where applicable,all contracts
awarded by recipients in excess of$2000 for construction contracts and in excess of$2,500 for other contracts
that involve the employment of mechanics or laborers shall include a provision for compliance with Sections
102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.327-333),as supplemented by
Department of Labor regulations(29 CFR part 5).Under Section 102 of the Act,each contractor shall be
required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than 1 '/z times the basic rate of pay for all hours worked in excess of 40 hours in the work
week.Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall
be required to work.in surroundings or under working conditions which are unsanitary,hazardous or
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.
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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 appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency,a member of Congress,officer or employee of Congress,or an-employee of
a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by
31 U.S.C. 1352.Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
recipient.
8. Debarment and Suspension(E.O.s 12549 and 12689)-No contract shall be made to parties listed on the
General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement
Programs in accordance with E.O.s 12549 and 12689,"Debarment and Suspension." This list contains the
names of parties debarred,suspended,or otherwise excluded by agencies,and contractors declared ineligible a
under statutory or regulatory authority other than E.O. 12549.-Contractors with awards that exceed the small
purchase threshold shall provide the required certification regarding its exclusion status and that of its principal
employees.
9. Section 508 of the Federal Water Pollution Control Act,as amended(33 U.S.C. 1368)and Section
1424(e)of the Safe Drinking Water Act,(42 U.S.C.300h-3(e))-Contracts and subgrants of amounts in
excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable
standards,orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act,as
amended(33 U.S.C. 1368)and Section 1424(e)of the Safe Drinking Water Act,(42 U.S.C.300h-3(e)).
Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency(EPA).
10. Compliance with all Federal statutes relating to nondiscrimination. These include but are not limited to: 00
17
(a)Title VI of the Civil Rights Act of 1964(P.L.88-352)which prohibits discrimination on the basis of sex;
(b)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.795),which prohibits discrimination y
on the basis of handicaps;(c)the Age Discrimination Act of 1975,as amended(42 U.S.C. 6101-6107),which
prohibits discrimination on the basis of age;(d)the Drug Abuse Office and Treatment Act of 1972(P.L.92-
255),as amended,relating to nondiscrimination on the basis of drug abuse;(e)the Comprehensive Alcohol
Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616),as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(f) Sections 523 and 527 of the 00
LO
Public Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality cv
of alcohol and drug abuse patient records;(g)Title VIII of the Civil Rights Act of 1968(42 U.S.C.3601 et
seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing;(h)any other
nondiscrimination provisions in the specific statute(s)made;and,(i)the requirements of any other
nondiscrimination statute(s)which may apply.
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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 Batch Act(5 U.S.C. 1501-1508 and 7324—7328)which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
13. Comply,if applicable,with flood insurance purchase requirements of Section 102(a)of the Flood
Disaster Protection Act of 1973(P.L.93-234)which requires recipients in a special flood hazard area to
participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is$10,000 or more.
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14. Compliance with environmental standards which may be prescribed to the following: (a)institution of
environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190)
and Executive Order(EO) 11514;(b)notification of violating facilities pursuant to EP 11738;(c)protection of
wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplain in accordance with EO 11988;(e)
assurance of project consistency with the approved State management program developed under the Coastal
Zone Management Act of 1972(16 U.S.C. 1451 et seq.); (f)conformity of Federal actions to State(Clean Air)
Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C.7401 et seq.);
(g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as
amended,(P.L.93-523);and(h)protection of endangered species under the Endangered Species Act of 1973,
as amended(P.L.93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1968(16 U.S.C. 1271 et seq.)related to protecting
components or potential components of the national wild and scenic rivers system.
0
16. Compliance with Section 106 of the National Historic Preservation Act of 1966,as amended(16 U.S.C. E .
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, C
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
C
other activities supported by this Agreement.
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19. Compliance with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4801 et seq.)which prohibits
the use of lead based paint in construction or rehabilitation of residence structures.
E
20. Compliance with the mandatory standards and policies relating to energy efficiency which are contained E
in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act
(Pub.L.94-163,89 Stat.871). 0
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 00
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.
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23. Compliance with the Buy American Act(41 U.S.C. 10a-10c) By accepting funds under this Agreement,the LO
Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,popularly known as the"Buy
American Act." The Grantee should review the provisions of the Act to ensure that expenditures made under
this Agreement are in accordance with it. It is the sense of the Congress that,to the greatest extent practicable,
all equipment and products purchased with funds made available under this Agreement should be American-
made. 0
24. Preservation of open and competition and government neutrality towards contractors' labor relations
on federally funded construction projects
a.Unless,in conflict with State or local laws,you must ensure that bid specifications,project agreement,or -
other controlling documents in construction contracts awarded pursuant to this agreement,or pursuant to a
subaward to this agreement,do not:
1.Require or prohibit bidders,offerors,contractors,or subcontractors to enter into or adhere to
agreements with one or more labor organizations,on the same or other related construction project(s);or
2.Otherwise discriminate against bidders,offerors,contractors,or subcontractors for becoming or
refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor
organizations,on the same or other related construction project(s).
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b.The term"construction contract"as used in this provision means any contract for the construction,
rehabilitation,alteration,conversion,extension,or repair of buildings,highways,or other improvements to real
property.
c.Nothing in this provision prohibits bidders,offerors,contractors,or subcontractors from voluntarily entering
into agreements with labor organizations.
25. Compliance with the provision included in Title XV and Title XVI of Public Law 111-5,the American
Recovery and Reinvestment Act of 2009. t3
26. Segregation of Costs—Recipients must segregate the obligations and expenditures related to funding under
the Recovery Act.Financial and accounting systems should be revised as necessary to segregate,track,and
maintain these funds apart and separate from other revenue streams.No part of the funds from the Recovery
Act shall be commingled with any other funds or used for a purpose other than that of making payments for
costs allowable for Recovery Act projects.
27. False Claims Act—Recipient and sub-recipients shall promptly refer to the DOE or other appropriate
Inspector General any credible evidence that a principle,employee,agent,contractor,sub-grantee,
.subcontractor,or other person has submitted a false claim under the False Claims Act or has committed a
criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity or similar
misconduct involving those funds.
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