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Contract 2018-67Florida Department of Agriculture and Consumer Services
01011-0 Division of Administration FDACS CONTRACT #
ADAM H. VurnAM FEDERAL FINANCIAL ASSISTANCE 025328
COMMISSIONER SUBRECIPIENT AGREEMENT
This Federal Financial Assistance Subrecipient Agreement
("AGREEMENT") made and entered into this 1Ith day
of a 20LL by and between the FLORIDA DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, ("RECIPIENT"), and City of
Clermont, ("SUBRECIPIENT"). The SUBRECIPIENT'S application package
for federal financial assistance, dated February 27 2018
("APPLICATION") is incorporated by reference. The SUBRECIPIENT
shall perform the Scope of Work contained in Attachment A of the
agreement.
The Department of Management Services' designated United Nations
Standard Products and Services Code (UNSPSC) is:83101902_(Energy Use
Reduction Measures)
A. SUBAWARD AMOUNT
1. The total award amount for satisfactorily completing the Scope
of Work is $250,000.00. In no event shall the RECIPIENT be
liable for payment of any amount, which exceeds the total award
amount.
B. EFFECTIVE DATE/TERM
I.The effective date of this AGREEMENT shall commence on execution
and, unless sooner terminated or canceled, shall end on the
15th day of August of 2020. All installation work must be
completed by July 31, 2019. ("Term").
2. No -cost extensions require the prior written approval of the
RECIPIENT and must be submitted not less than sixty (60) days
prior to the end of the Term. Extension requests, which exceed
the federal agency award period, will not be granted.
C. UNIVERSAL IDENTIFIER AND SYSTEM OF AWARD MANAGEMENT
1. The SUBRECIPIENT shall comply with 2 CFR, Part 25, "Financial
Assistance Use of Universal Identifier and System of Award
Management" (SAM). The SUBRECIPIENT must register and maintain
a registration in SAM until submittal of the final financial
report. A data universal numbering system (DUNS) number is
required for registration in SAM.
2. Compliance with.2 CFR, Part 25 is not required for individuals.
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D. FINANCIAL AND PROGRAM MANAGEMENT
I.Statutory and National Policy Requirements
a. All expenditures of federal financial assistance under the
AGREEMENT shall be in compliance with all applicable laws,
rules and regulations applicable to expenditures of federal
funds.
b. The SUBRECIPIENT shall implement applicable National Policy
Requirements.
2. Deliverables
a. The SUBRECIPIENT must provide quantifiable, measureable and
verifiable units of Deliverables (Deliverables) which must be
received and accepted in writing by the RECIPIENT before
payment. Deliverables must be directly related to the Scope
of Work; specify minimum levels of service to be performed;
and contain criteria for evaluating the successful completion
of each Deliverable. The Deliverables are set forth in the
Scope of Work contained in Attachment A, Scope of Work.
3. Financial Management
a. The SUBRECIPIENT shall maintain an accounting system and a
set of accounting records, which allow for the identification
of revenues and expenditures related to this AGREEMENT.
b. The SUBRECIPIENT shall comply with 2 CFR, Part 200 and adhere
to the accounting principles and procedures required therein,
use adequate internal controls and maintain necessary source
documentation for all costs incurred.
4. Reimbursement Requests
a. The allowability of costs shall be in accordance with the
federal financial assistance cost principles applicable to
the SUBRECIPIENT and terms of this AGREEMENT.
b. The SUBRECIPIENT shall submit the payment request packet to
the RECIPIENT's grant manager not more often than monthly,
but not less often than quarterly. To be eligible for
reimbursement, costs shall be allowable, necessary and
reasonable, and must be submitted by budget category
consistent with the budget plan outlined in the Attachment A,
Scope of Work.
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c. All reimbursement requests must be submitted using the
RECIPIENT's standard payment request packet and provide
supporting documentation for each cost. An authorized
SUBRECIPIENT representative shall sign the certifications on
the payment request packet submitted.
d. The payment request packet is downloadable from
http://forms.freshfromflorida.com/02019.pdf.
e. A SUBRECIPIENT whose federal financial assistance grant
provides an online reimbursement system for reporting
reimbursement details shall use the online reimbursement
system instead of the payment request packet.
f. Bills for any authorized travel expenses shall be submitted
and paid in accordance with the rates specified in section
112.061, Florida Statutes, governing payments by the State
for travel expenses. Any travel expenses must be specified
in the Budget Plan and Scope of Work.
S. Payment of Reimbursement Requests
a. Payment for allowable, necessary and reasonable costs shall
be made within thirty (30) days after acceptance by the
RECIPIENT. Payment request packets returned to the
SUBRECIPIENT due to omissions or preparation errors will
result in a payment delay.
b. Payment requests for a percentage of work completed on each
task deliverable are allowed.
c. Payment is contingent upon the availability of funding from
the federal agency and SUBRECIPIENT'S compliance with the
terms and conditions of this AGREEMENT.
d. The final payment under this AGREEMENT shall be made upon
completion of the Scope of Work including all deliverables
and the receipt and approval of all reports required
hereunder.
e. Disallowance or adjustments due to audit findings may require
the SUBRECIPIENT to return funds to the RECIPIENT. The
SUBRECIPIENT is solely responsible for reimbursing the
RECIPIENT for amounts incorrectly paid to the SUBRECIPIENT.
6. Program Income
a."Program income includes but is not limited to income from
fees for services performed, the use or rental of real or
personal property acquired under federal awards, the sale of
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commodities or items fabricated under a federal award,
license fees and royalties on patents and copyrights, and
principal and interest on loans made with federal award
funds". 2 CFR, 200.80
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 the SUBRECIPIENT APPLICATION and
Attachment A, Scope of Work lists costs and budget categories
to fund the SUBRECIPIENT'S performance of the Scope of Work,
including the completion of Deliverables.
b. SUBRECIPIENT is required to report any transfers from one
approved budget category to another approved budget category.
If the cumulative budget transfers meet or exceed ten percent
(lot), prior approval, evidenced by contract amendment, is
required.
c. Prior approval, evidenced by contract amendment, is required
for:
(1) any transfers from an approved budget category to an
unapproved budget category. An unapproved budget
category is defined as having no funds allocated in the
original Budget Plan.
(2) any equipment purchases not noted in the original Budget
Plan and/or Scope of Work.
(3) any subawarding or contracting out of any work not noted
in the original Budget Plan and/or Scope of Work.
8. Revision of Scope of Work
a. The SUBRECIPIENT shall report any changes to the Scope of
Work including but not limited to changes in the objectives,
changes in key personnel, reduction of work effort by key
personnel and delays in completion of the work.
9. Acknowledgements
a. The SUBRECIPIENT shall have an acknowledgement of the United
States Department of Energysupport 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
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audiovisuals produced with grant support. This requirement
does not apply to audiovisuals produced as research
instruments or for documenting experimentations or findings
and not intended for presentation or distribution to the
public.
b. Publication means a published book, periodical, pamphlet,
brochure, flier, or similar item.
c. Audiovisual means a product containing visual imagery or
sound or both.
d. The SUBRECIPIENT acknowledgement must contain a disclaimer
that says: "Any opinions, findings, conclusions, or
recommendations expressed in this publication or audiovisual
are those of the author(s) and do not necessarily reflect the
view of the United States Department of Energy".
e. Language shall read:
The work upon which this (insert publication or
audiovisual or both) is based was funded, in whole or in
part through a eubrecipient grant awarded by the United
States Department of Energythrough the Florida Department
of Agriculture and Consumer Services. The contents do not
necessarily reflect the views or policies of the United
States Department of Energy nor does mention of trade
names, commercial productions, services or organization
imply endorsement by the U.S. Government.
E. PROPERTY STANDARDS
1.Equipment and Real Property
a. Equipment must be used in the project for which the federal
funds are derived.
b. The federal agency has a vested interest in equipment and/or
real property which, when purchased, exceeds $5,000 in value.
If a title is issued for the equipment and/or real property,
the federal agency must be listed on the title.
c. The SUBRECIPIENT must maintain property records, which
include, but are not limited to, the description, serial
number or other identification number, acquisition date,
cost, location, percentage of federal participation in the
cost of the property, use and condition of the property.
When the property is disposed of, the property records must
be updated with the date of disposal and sale price of the
property.
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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.
2. Insurance Coverage
a. The SUBRECIPIENT will carry sufficient insurance coverage to
protect all assets required under the AGREEMENT from loss due
to theft, fraud and/or undue physical damage. SUBRECIPIENT
shall carry insurance on its own assets in commercially
reasonable amounts and all statutorily required insurance,
including without limitation Workers' Compensation insurance.
3. Intellectual Property
a. Anything by whatsoever designation it may be known, that is
produced by, or developed in connection with this AGREEMENT
shall become the exclusive property of the RECIPIENT and may
be copyrighted, patented or otherwise restricted as provided
by Florida or federal law. Neither the SUBRECIPIENT nor any
individual employed under this AGREEMENT shall have any
proprietary interest in such property.
b. With respect to each Deliverable that constitutes a work of
authorship within the subject matter and scope of U.S.
Copyright Law, 17 U.S.C. Sections 102-105, such work shall be
a "work for hire" as defined in 17 U.S.C. Section 101 and all
copyrights subsisting in such work for hire shall be owned
exclusively by the RECIPIENT.
c. In the event it is determined as a matter of law that any
such work is not a "work for hire," SUBRECIPIENT shall
immediately assign to the RECIPIENT all copyrights subsisting
therein for the consideration set forth in the AGREEMENT and
with no additional compensation.
d. The foregoing shall not apply to any preexisting software, or
other work of authorship used by SUBRECIPIENT to create a
Deliverable but which exists as work independent of the
Deliverable, unless the preexisting software or work was
developed by SUBRECIPIENT pursuant to a previous AGREEMENT
with the RECIPIENT or by a purchase by the RECIPIENT under a
state term contract.
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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.
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
and must explicitly state the method for valuation of the
hours. The value must be reasonable.
6. Records for in -kind contributions, which are based upon goods or
services provided, must have an invoice, if available, or must
explicitly state the method for the valuation. The value must
be reasonable.
7. In -kind contributions must be provided by a third party during
the period for which they are being claimed.
8.The matching or cost share portion must not be counted towards
other cost sharing requirements. Neither costs nor values of
third party in -kind contributions may count if they have been
used towards other cost sharing requirements.
G. GENERAL PROCUREMENT STANDARDS
1. The SUBRECIPIENT will follow the same policies and procedures it
uses for procurements from other funding sources.
2. The SUBRECIPIENT must have documented procurement procedures.
3. The SUBRECIPIENT must have written policies on standards of
conduct covering conflicts of interest. No employee, officer,
or agency may participate in the selection, award or
administration of a contract supported by federal funds if he
or she has a real or apparent conflict of interest.
H. PERFORMANCE MONITORING AND REPORTING
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1. The SUBRECIPIENT shall submit detailed quarterly reports using
the format and content shown on the RECIPIENT's performance
progress report. The performance progress report is
downloadable from http://forms.freshfromflorida.com/02018.pdf.
2. In the event the AGREEMENT is terminated, the SUBRECIPIENT shall
furnish a report detailing progress made under this AGREEMENT
through the date of termination within twenty (20) days of
termination.
3. The SUBRECIPIENT shall cooperate in all on -site reviews from the
RECIPIENT, its authorized representatives or federal government
personnel.
4. The review personnel will be given full and complete access
during normal business hours to all information related to the
performance of this AGREEMENT to ensure compliance with project
activities and statutes, regulations and rules.
5. The RECIPIENT will give 48 hours of notice of any on site
review.
6. The SUBRECIPIENT shall make available all personnel involved in
the performance of work on this AGREEMENT.
7. Failure to correct substandard performance within thirty (30)
days after written notice from the RECIPIENT shall result in
suspension and/or termination of the AGREEMENT.
I. RECORD RETENTION AND ACCESS
1. Retention Requirements for Records
a. Upon reasonable notice, the RECIPIENT shall have access to
the SUBRECIPIENT'S records during normal business hours.
b. The SUBRECIPIENT shall maintain all records pertinent to the
activities to be funded under this AGREEMENT for a period of
five (5) years after final payment is received and for such
additional period as may be required until all claims,
litigation and appeals pertaining or related to the AGREEMENT
have been completely resolved.
2. Public Access to Records
a. The SUBRECIPIENT shall comply with all applicable
requirements of Chapter 119, Florida Statutes.
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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
J. REMEDIES FOR
I.Prior to the exercise of any remedy provided for herein, the
RECIPIENT shall provide thirty (30) calendar days written
notice of default and shall provide the SUBRECIPIENT the
opportunity to cure such failure or default within said thirty
(30) day period. Upon the failure or inability to cure, the
RECIPIENT shall have all rights and remedies provided at law or
in equity, including without limitation the following:
a. Temporarily withhold cash payments pending correction of the
deficiency by the SUBRECIPIENT.
b. Disallow all or part of the cost of the services not in
compliance.
c. Wholly or partly suspend or terminate this AGREEMENT.
2. Termination
a. The RECIPIENT may suspend or terminate this AGREEMENT if the
SUBRECIPIENT:
(1) Fails to comply with any applicable rules, regulations or
provisions referred to herein, or any other applicable
state or federal statutes, rules, regulations, executive
orders, federal guidelines, policies or directives;
(2) Fails, to timely fulfill its obligations under the
AGREEMENT;
(3) Improperly or illegally uses funds provided under this
AGREEMENT; or
(4) Submits reports that are incorrect in any material
respect.
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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,
the SUBRECIPIENT'S obligations to the RECIPIENT shall survive
until all close out requirements are completed. Close out
activities shall include but are not limited to: completing
and submitting final reports, properly disposing of property,
accounting for unspent cash advances and program income and
transferring custodianship of records to RECIPIENT or its
designee.
2. Post -close Out Adjustments
a. Any funds paid in excess of the amount to which the
SUBRECIPIENT is entitled under the AGREEMENT must be refunded
to the RECIPIENT within thirty (30) days after demand
therefore by RECIPIENT.
L. AUDIT REQUIREMENTS
1. Audit Provisions
a. If the SUBRECIPIENT is a state or local government or a
nonprofit organization, the audit provisions as defined in 2
CFR, Part 200 Subpart F are applicable.
b. If the SUBRECIPIENT is a commercial organization (For -
Profit), the organization will provide the RECIPIENT with its
annual audited financial statement or the annual tax return
provided to the Internal Revenue Service.
c. Audit provisions are not required for a SUBRECIPIENT who is
an individual.
d. In the event that the SUBRECIPIENT expends $750,000 or more
in federal awards in its fiscal year, the SUBRECIPIENT must
have a single or program -specific audit conducted in
accordance with the 2 CFR, Part 200 Subpart F.
e. If the SUBRECIPIENT expends less than $750,000 in federal
awards in its fiscal year, an audit conducted in accordance
with the provisions of 2 CFR, Part 200 Subpart F is not
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required. Records must be available for audit or review if
necessary.
f. If the SUBRECIPIENT expends less than $750,000 in federal
awards in its fiscal year and elects to have an audit
conducted, the cost of the audit must be paid from non-
federal resources.
2. Basis for Determining Federal Awards Expended
a. In determining the federal awards expended in its fiscal
year, the SUBRECIPIENT shall consider all sources of federal
awards, including federal resources received from the
RECIPIENT.
b. The determination of amounts of federal awards expended
should be in accordance with the guidelines established by 2
CFR, Part 200 Subpart F.
3.Relation to Other Audit Requirements
a. If the SUBRECIPIENT has an audit conducted in relationship to
any other federal regulation or statute, the RECIPIENT may
determine upon review if the audit reports meet the needs of
the RECIPIENT. If so, an additional audit will not be
required.
b. An audit of the SUBRECIPIENT conducted by the Auditor General
in accordance with provisions of 2 CFR, Part 200 Subpart F
will meet these requirements.
c. These provisions do not limit the authority of the federal
agency, Inspector General, General Accounting Office (GAO) or
RECIPIENT to conduct or arrange for the conduct of audits or
evaluations of federal financial assistance awards.
4. Frequency of Audits
a. Audits shall be performed annually to meet this requirement.
5. Sanctions
a. If the SUBRECIPIENT is unwilling or has a continued inability
to have an audit conducted, the provisions for noncompliance
will be enforced.
6. Subrecipient Responsibilities
a. The SUBRECIPIENT shall arrange for the audit to be conducted
in a timely manner and submitted as required in 2 CFR,
200.512.
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b. The SUBRECIPIENT shall prepare the financial statements in
accordance with 2 CFR, 200.510.
c. The SUBRECIPIENT shall promptly follow up and take corrective
action on audit findings.
d. The SUBRECIPIENT will provide the auditor with access to
records, personnel, documentation and other information as
needed by the auditor.
7. Audit Findings Follow-up
a. At the completion of the audit, the SUBRECIPIENT must
prepare, in a document separate from the auditor's findings a
corrective action plan to address each audit finding included
in the current year auditor's reports.
b. The corrective action plan must provide the name(s) of the
contact person(s) responsible for corrective action, the
corrective action planned and the anticipated completion
date.
c. If the SUBRECIPIENT does not agree with the audit findings or
believes corrective action is not required, then the
corrective action plan must include an explanation and
specific reasons.
d. Any deficiencies noted in audit reports must be fully cleared
by the SURRECIPIENT within thirty (30) days after receipt by
the SUBRECIPIENT.
e. Failure of the SUBRECIPIENT to comply with the above
requirement will constitute a violation of this AGREEMENT and
may result in the withholding of future payments.
8. Report Submission
a. The audit must be completed and the data collection form and
reporting package must be submitted within the earlier of
thirty (30) calendar days after receipt of the auditor's
report(s) or nine months after the end of the audit period.
If the due date falls on a Saturday, Sunday, or Federal
holiday, the reporting package is due the next business day.
b. The SUBRECIPIENT must submit required data elements described
in Appendix X to 2 CFR, Part 200 - Data Collection Form (SF -
SAC), which states whether the audit was completed in
accordance with this part and provide information about the
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SUBRECIPIENT, its federal programs and the results of the
audit.
c. A senior representative of the SUBRECIPIENT must sign a
statement to be included as part of the data collection that
the SUBRECIPIENT has complied with the audit requirements,
the data was prepared in accordance with 2 CFR, 200.512, the
reporting package does not include protected personally
identifiable information, the information is accurate and
complete and the reporting package and form will be publicly
available on the web.
d. The SUBRECIPIENT shall also submit to the RECIPIENT's Grant
Manager one copy of the audit report, reporting package, any
management letter issued by the auditor and data collection
form described in Appendix X to 2 CFR, Part 200.
e. The SUBRECIPIENT is required to use the internet submission
form on the Federal Audit Clearinghouse (FAC) website. The
FAC website is located at http://harvester.census.gov/fac/.
f. The SUBRECIPIENT shall ensure that audit working papers are
made available to the RECIPIENT, or its designee, Chief
Financial Officer or Auditor General upon request for a
period of five (5) years from the date the audit report is
issued, unless extended in writing by the RECIPIENT.
I.Nothing contained in the AGREEMENT is intended to, or will
be construed in any manner, as creating or establishing
the relationship of principal and agent or employer and
employee between the parties. The SUBRECIPIENT will at
all times remain an independent contractor with respect to
the services to be performed under the AGREEMENT.
2. Any changes to the AGREEMENT require the written approval
of each party's authorized official.
3. The RECIPIENT shall have the right of unilateral
cancellation for refusal by the SUBRECIPIENT to allow
public access to all documents, papers, letters or other
material made or received by the SUBRECIPIENT in
conjunction with the AGREEMENT, unless the records are
confidential or exempt from s. 24(a) of Article I of the
State Constitution and s. 119.07(1), Florida Statutes.
4. The SUBRECIPIENT is informed that a person or affiliate who
has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid
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on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building
or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform
work as a SUBRECIPIENT, supplier, subcontractor, or
consultant under a contract with any public entity and may
not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TKO for a period of 36 months from
the date of being placed on the convicted vendor list.
5. The CONTRACTOR shall not discriminate on the basis of race,
sex, religion, color, national origin age or disability
and shall comply with all applicable state and federal
laws and regulations related thereto, including without
limitation, the Americans with Disabilities Act (42 USC
12101 et. Seq.); Section 504 of the Rehabilitation Act of
1973 (29 USC 795); and the Age Discrimination Act of 1975
(42 USC 6101-6107.
6. The SUBRECIPIENT is informed that the employment of
unauthorized aliens by any SUBRECIPIENT is considered a
violation of Section 274A (e) of the Immigration and
Nationality Act. If the SUBRECIPIENT knowingly employs
unauthorized aliens, such violation shall be cause for
unilateral cancellation of the AGREEMENT.
7. The SUBRECIPIENT is informed that an entity or affiliate
who has been placed on the discriminatory vendor list may
not submit a bid on a contract to provide goods or
services to a public entity, may not submit a bid on a
contract with a public entity for the construction or
repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may
not award or perform work as a SUBRECIPIENT, supplier,
subcontractor, or consultant under contract with any
public entity and may not transact business with any
public entity.
8. This AGREEMENT is contingent upon the availability of
funding from the federal agency. The AGREEMENT may be
terminated if funding from the federal agency is reduced
or terminated.
9. The SUBRECIPIENT certifies that neither it, nor its
principals, is presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded
from participation in this transaction by any Federal
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department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other
covered transaction, with a person who is similarly
debarred or suspended from participating in this covered
transaction.
1O.Any work or services subcontracted by the SUBRECIPIENT
shall be specifically by written contract or agreement,
and such subcontracts shall be subject to each provision
of this AGREEMENT and applicable Federal, State or County
guidelines and regulations. Prior to execution by the
SUBRECIPIENT of any subcontract hereunder, the
SUBRECIPIENT must submit such subcontracts to the
RECIPIENT for its review and approval.
11. The SUBRECIPIENT will, to the extent permitted by law,
hold harmless, defend and indemnify the RECIPIENT from any
and all claims, actions, suits, charges and judgments
whatsoever that arise out of the SUBRECIPIENT's
performance or nonperformance of the services or subject
matter called for in this AGREEMENT. Nothing herein
contained shall be construed or operate as a waiver of
sovereign immunity to the extent sovereign immunity may
otherwise apply.
12. The SUBRECIPIENT will comply with section 20.055, Florida
Statutes.
This AGREEMENT may be amended at any time provided that such
amendments make specific reference to this AGREEMENT and are
executed in writing and signed by a duly authorized representative
of each party.
In the event that two or more documents combine to form this
AGREEMENT, and in the event that there is any contradictory or
conflicting clause or requirement in these documents, the provisions
of the document(s) prepared by the RECIPIENT shall be controlling.
This AGREEMENT shall be controlled by Florida law, contrary or
conflict of law provisions notwithstanding.
In the event that any clause or requirement of this AGREEMENT is
contradictory to, or conflicts with the requirements of Florida law,
the clause or requirement shall be without force and effect and the
requirements of the Florida Statutes and rules promulgated
thereunder on the same subject shall substitute for that clause or
requirement and be binding on all parties hereto.
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Special Conditions: See attachments
A - Scope of Work
B - Monthly/Quarterly Performance Progress Report (downloadable from
www. FreshFromFlorida.com)
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.
The Grant Manager for the RECIPIENT is Alexander Mack and is located
at 600 South Calhoun Street, Tallahassee, Florida 32399-0001.
The Grant Manager for the SUBRECIPIENT is James Kinzler and is
located at 685 W. Montrose Street, Clermont, Florida 34711-2199.
Federal resources awarded to the SUBRECIPIENT pursuant to this
agreement are from (United States Department of Energy, federal
Grant Number DE-EE000241State Energy Program (SEP)) and Catalog of
Federal Domestic Assistance (81.041), United States Department of
Energy.
Signed by parties to this AGREEMENT:
FLORIDA DEPARTMENT OF AGRICULTURE SUBRECIPIENT
AND CONSUMER SERVICES
Si4iffature Signature
Director of Administration �iOl.l�PC Title Title
7.13)IV 9-1 Qm%
Date Date
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Florida Department of Agriculture and Consumer Services
Office of Energy
ATTACHMENT A
GRANT AGREEMENT NO. LGO04
ADM H. PUTNAM SCOPE OF WORK
COMMISSIONER
A. PROJECT TITLE: Hancock Park Retrofit
B. PROJECT LOCATION: 3301 Hancock Road, Clemtont, Florida 34711-2119
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 govemment 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.
The City of Clermont is one of the fastest growing cities in central Florida and is strategically located
just west of Orlando and north of Disney World. Clermont was founded in 1884 and incorporated in
1916. It has the amenities and assets that make it an attractive location for families, new business,
educational endeavors, office development, and health -fitness opportunities. With over 14.8 square
miles, Clermont offers everything for growing families too. Health, wellness, and fitness are all part of
Clermonfs culture. The City had a 2010 Census population of 28,742 but has grown over the last 7
years. The City has grown to 35,807 according to the 2017 OF population estimates. The community's
growth is a result of its proximity to the metro Orlando area, affordable housing and family friendly
lifestyle. The City has over 23 parks, a cultural center and dynamic downtown. As the makeup of the
community has shifted more emphasis has been paid to ensuring that Clermont is seen as a destination,
for recreation for not only it's residents but also on a national level.
The City's branding "Choice of Champions" refers to its international reputation as the training ground
for elite athletes. The combination of pristine lakes, rolling hills and warm climate make it an ideal
location to train for triathlons, track-and-field events, water sports and more. The City hosts several
national events including the Great Clermont Triathlon, a World Triathlon Destination and the Spring
Games, one of the largest collegiate softball tournaments in the county.
The 350 team Spring Games tournament is held at the grant project site, Hancock Park. Hancock Park
is the most heavily used Park in the City. It has both recreational and travel soccer, softball, football,
basketball and tennis. It hosts almost weekly softball tournaments. The 68-acre site is situated in a
residential area and adjacent to a public middle school. The park does not encompass the entire site as
the City's water facilities occupies the southern half The park experiences the most use during dusk
FDACS-02017
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and nighttime hours. It is critical for the City's athletic leagues and other events at the fields to be able
to use the facilities well into the evening.
Several years ago, the City was able to upgrade the lighting at one of the soccer fields to new green
sports lighting technology from Musco Lighting. However, funding was only available for upgrades to
the one field at that time. The availability of federal funds to assist to the City in implementing
modem technology in all its sports lighting is critical in furthering the goal of going "green" while still
maintaining performance and safety. The City would not be able to complete any immediate upgrades
without help from grant funding.
The primary goal of the project is to replace inefficient equipment with modem technology to reduce
energy consumption. Building off this primary goal several objectives will be realized with the
completion of the project. These include:
• Reduced energy costs
• Enhancement of environment from reduction in carbon emissions
• Reduction in maintenance requirements and associated costs
• Improvement of light levels for user's safety and enjoyment
• Provide greatest impact to large number of people with demonstration of modem technology
The proposed project consists of the retrofitting of the existing lighting at the west soccer field, 2
tennis courts and softball fields located within Hancock Park. The effort will replace the existing 1500
kW metal halide luminaries with Mused SportsCluster System with Total Light Control — TLC for
LEDTm technology at the facilities. 58 LED luminaries will be installed at the fields and courts. The
total cost for the project is $314,856. These costs include the retrofitting of the lights with new wiring,
harnesses and a smart control on/off system. The total project costs also include project management
and grant reporting. The City will provide a cash local share of $64,846.
The decision to retrofit the facilities at Hancock Park were due in part to a recent assessment of the
lighting system and potential energy savings. The replacement of the existing lighting systems with
new LED technology will greatly reduce the amount of energy used at the facilities. The 96 metal
halide lights currently use 155.5 kW but once the LED system is installed the consumption is reduced
to 70.8. The 45% reduction will provide a cost saving of $507,480 over 25 years. This is based off
energy assessment determining 2100 hours of use annually at .13 kW with controls and maintenance
included. The decrease in energy use means a CO2 reduction equivalent of taking 34,806 cars over a
25-year period.
Additional energy savings and cost savings will occur because of reduced maintenance and use of the
smart control units that allow for immediate, flexible and remote on/off capabilities. While not able to
be accurately calculated due to variations in use, the control system can result in an additional 15%
savings.
Scone of Work
The City's Parks and Recreation Department along with the Public Works Department will be
responsible for completing the project and furthering the City's goals and objectives. City staff and
contractors will handle procurement and scheduling as well as any permitting required. Other actions
FDACS-02017
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needed for the project such as construction inspection, financial and grant reporting will be completed
by a combination of City staff, vendors and consultants. The use of experienced City personnel and
private contractors working together to complete major projects has proven successful in the past.
The deliverables of the project are designated by each facility. All three facilities identified will
implement Musco's SportsCluster System with Total Light Control — TLC for LEDTM technology. The
scope of work and associated cost for each deliverable is listed below.
Tennis Retrofit - 30 foot-candles ($56,423.00)
• Factory wired poletop luminaire assemblies
• (8) Factory aimed and assembled luminaries
• Factory wired and tested remote electrical component enclosures
• Pole length, factory assembled wire harnesses
• Mounting hardware for poletop luminaire assemblies and electrical components enclosures
• Disconnects
• UL Listed as a system
• Control -Link® System for remote on/off control and performance monitoring with 24/7
customer support
• Product assurance and warranty program that covers materials and onsite labor,
eliminating 100% of your maintenance costs for 25 years
Soccer Retrofit - 30 foot-candles ($110,620.00)
• Factory wired poletop luminaire assemblies
• (24) Factory aimed and assembled luminaries
• Factory wired and tested remote electrical component enclosures
• Pole length, factory assembled wire harnesses
• Mounting hardware for poletop luminaire assemblies and electrical components enclosures
• Disconnects
• UL Listed as a system
• Control -Link® System for remote on/off control and performance monitoring with 24/7
customer support
• Product assurance and warranty program that covers materials and onsite labor,
eliminating 100% of your maintenance costs for 25 years
Softball - 50 foot-candles infield/30 foot-candles outfield ($142,804.00)
• Factory wired poletop luminaire assemblies
• (26) Factory aimed and assembled luminaries, including BalffiackerT luminaires
• Factory wired and tested remote electrical component enclosures
• Pole length, factory assembled wire harnesses
• Mounting hardware for poletop luminaire assemblies and electrical components enclosures
• Disconnects
• UL Listed as a system
• Control -Link® System for remote on/off control and performance monitoring with 24/7
customer support
• Product assurance and warranty program that covers materials and onsite labor,
eliminating 100% of your maintenance costs for 25 years
All three deliverables will be procured as one project. A single contractor will be selected to deliver
and install the equipment. Grant reporting will include the analysis of energy use after installation.
The assessment will include comparison of energy use with similar periods of activity. The project
FDACS-02017
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administration will last the entire length of the project and will include working with the contractor to
ensure federal guidelines such as Davis Bacon are followed.
D. PROJECT OBJECTIVES: The goal of the SEP is to provide leadership to
maximize the benefits of energy efficiency and renewable energy through
communications and outreach activities, technology deployment and accessing new
partnerships and resources. The USDOE has established the following objectives that complement
program goals articulated in the SEP Strategic Plan:
• Transform energy markets in partnership with states to accelerate near term
deployment of energy efficiency and renewable technologies.
• Promote an integrated portfolio of energy efficiency and renewable energy
solutions to meet US energy security, economic vitality and environmental
quality objectives.
• Strengthen core state energy programs to develop and adopt leading
market transformation initiatives.
E. PROJECT DESCRIPTION:
• Task 1: Energy Efficient Outdoor Sports Lighting System Retrofit at Tennis Court
• Task 1 a: Select a vendor following the procurement procedures of 2 CFR 200, to install
energy efficient outdoor sports lighting system on two tennis courts.
• Task lb: Complete engineering and design plans.
• Task 1 c: Obtain permits, if necessary.
• Task id: Install lights, controls and wiring.
• 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 sports lighting, and a copy of the operation and maintenance manual.
• Task 2: Energy Efficient Outdoor Sports Lighting System Retrofit at Soccer Field
• Task 2a: Select a vendor following the procurement procedures of 2 CFR 200, to install
energy efficient outdoor sports lighting system on one soccer field.
• 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 sports lighting, and a copy of the operation and maintenance manual.
• Task 3: Energy Efficient Outdoor Sports Lighting System Retrofit at 4 — Softball Fields
• Task 3a: Select a vendor following the procurement procedures of 2 CFR 200, to install
energy efficient outdoor sports lighting system on four softball fields.
• Task 3b: Complete engineering and design plans.
• Task 3c: Obtain permits, if necessary.
• Task 3d: Install lights, controls and wiring.
• Task 3e: 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 sports lighting, and a copy of the operation and maintenance manual.
• Task 4: Monitor Energy usagelsavings. Energy savings/usage will be tracked for a 1-year
period after the completion of the installation.
• Task 5: Grant/Project Administration.
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F. PROJECT MILESTONES/DELIVERABLES/OUTPUTS:
The table below identifies the month of the project each task will start and be accomplished.
No.
it
ask/Activity
T ask/A
Defiverables/ Outputs
Start
Month
Deadline
Month
Descri1 ti
Procure and Install
Submit a report to the Office of
1
3
Energy Efficient Sports
Energy including the
Lighting System at
procurement documents used to
Tennis Court (remove
select the vendor, the contract
and replace existing 8
between the Grantee and the
fixtures and replace with
vendor, photographs of the
8 LED fixtures)
installed sports lighting, and a
copy of the operation and
maintenance manual
2
Procure and Install
Submit a report to the Office of
1
3
Energy Efficient Sports
Energy including the
Lighting System at
procurement documents used to
Soccer Field (remove and
select the vendor, the contract
replace existing 24
between the Grantee and the
fixtures and replace with
vendor, photographs of the
24 LED fixtures)
installed sports lighting, and a
copy of the operation and
maintenance manual
3
Procure and Install
Submit a report to the Office of
1
3
Energy Efficient Sports
Energy including the
Lighting System at 4 —
procurement documents used to
Softball Fields (remove
select the vendor, the contract
and replace existing 26
between the Grantee and the
fixtures and replace with
vendor, photographs of the
26 LED fixtures)
installed sports lighting, and a
copy of the operation and
maintenance manual
4
Monitor Energy Savings
Submit energy savings report on
12
24
a monthly basis to the Office of
Energy for a 1-year period after
installation completion
5
Project/Grant
Submit progress reports,
1
6
Administration
invoices and energy savings
reports
G. PROJECT BUDGET:
The budget below summarizes the project by Funding Category. All dollar amounts are rounded to the
nearest whole dollar value.
FDACS-02017
Page 21 of 44
Funding Category
Grant Funds
Cost Share: Matching Funds and
Other In -Kind Contributions
Fundin
Source of Funds
1. Salaries
2. Fringe Benefits
3. Travel if authorized
4. Supplies/Other
Expenses
5. Equipment
6. Contractual Services
$250,000.00
$64,856.00
City CIP Funds
7. indirect if authorized
Total Project Budget
$250 000.00
$64 856.00
Total Project Cost
$314 856.00
= Grants Funds + Cost Share
Cost Share Percentage*
20.59%
= Cost Share / Total
Project Cost
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.
Cost Share: Matching Funds and
Project Task
Grant Funds
Other In -Kind Contributions
Matching Funds
Source
1
Tennis Court Lighting
$41,423.00
$15,000.00
City CIP Funds
System Retrofit
2
Soccer Field Lighting
$95,629.00
$15,000.00
City CIP Funds
System Retrofit
3
softball Field Lighting
$112,948.00
$29,856.00
City CIP Funds
System Retrofit
4
Monitor Energy
$0.00
$0.00
Savings
5
Project/Grant
$0.00
$5,000.00
City CIP Funds
Administration
Totals:
$250 000.00
$64,856.00
Total Project Cost:
I $314 856.00
I= Grant ratios +Cost share
L 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,
FDACS-02017
Page 22 of 44
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
112.061, Florida Statutes), using the forms referenced in Attachment B, Payment Request
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
printing, copying, postage, communications, etc. Non -expendable equipment valued at less than
$1,000 may be listed also. Include only expenses directly related to the project, not expenses of a
general nature. For Match only, list costs related to donated real property such as land (not to
exceed the fair market value of the property).
5. Equipment — List non -expendable personal property/equipment valued at $1,000 or more by
description, unit cost, and quantity. Computers and data-processing equipment should be
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-
existing approved rate or fee shown on the budget; or (b) the subcontract is to be obtained
competitively. For either (a) or (b), show an estimated maximum amount.
7. Total Budget CaterorP — Show the total of all line -items within a Budget Category.
8. Total Budget — Show the total of all categories.
FDACS-02017
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Florida Department of Agriculture and Consumer Services
Office of Energy
ATTACHMENT B
GRANT AGREEMENT NO. LGO04
ARAM H. PUTNAM MONTHLY/QUARTERLY PROGRESS REPORT FORM
COMMISSIONER
Grant Agreement No.:
Grantee Name:
Grantee Address:
Grantee's Representative:
Telephone No.:
[Monthly/Quarterly]
Reporting Period:
Project Number and Title:
MINUMM
A. Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met,
provide reasons why.)
B. Provide an update on the number of jobs created or retained, quantify the reduction of
greenhouse gasses and the energy saved in kWh or BTU.
C. Provide an update on the estimated time for completion of the project and an
explanation for any anticipated delays.
FDACS-02017
Page 29 of 44
D. Provide any additional pertinent information
explanation of cost overruns or high unit costs.
and
E. Identify below, and attach copies of, any relevant work products being submitted for the
project for this reporting period (e.g., report data sets, links to on-line photographs, etc.).
F. REPORTING
Activities:
G. SUBCONTRACTOR LIST
The Grantee may subcontract work under this Grant Agreement without the prior approval of the Grant Manager,
upon the condition that each Monthly/Quarterly Progress Report must contain a current list of subcontractors.
-Iferanee does not have suhmntrac tors. Please state 'Nonebelmr
Name of
Subcontractor
Address
Current Total Amount
of each Subcontract
Description of Work
Performed
FDACS-02017
Page 30 of 44
H. MINORITY/WOMAN/SERVICE-DISABLED VETERAN -OWNED BUSINESS LIST
The Grantee is encouraged to use small businesses, including minority, woman and service -disabled vetean-owned
businesses m subcontractors under this Great Agreement The Grantee is required to report information concerning
their use of such businesses in each Momb y/Quuterly Progress Report.
'4fgrantee does not have ony subcontracts with minori4Vwoman/service-disabled veteran- owned businesses, please
This report is submitted in accordance with the reporting requirements of Grant Agreement
No. LG004 and accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Representative Date
FDACS-02017
Page 31 of 44
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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
ADAM N.
FEDERALLY FUNDED TRANSACTIONS
PUTNAM
COMMISSIONER
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.
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 tendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract
under a public transaction; violation of Federal or State anti-trust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this
Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions
(Federal, State or local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be
attached to this certification.
Dated this day
20
By
Authorized Signature/Recipient
Typed Namerfide
Recipient's Firm Name
Building, Suite Number
City/State/Zip Code
Area Code/Telephone Number
FDACS-02017
Page 33 of 44
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER
FEDERALLY FUNDED TRANSACTIONS
I . By signing and submitting this form, the certifying party is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the certifying party
knowingly rendered an erroneous certification, in addition to other remedies available to the
Federal Government, Florida Department of Agriculture and Consumer Services (Department) or
agencies with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to whom this contract
is submitted if at any time the certifying party Items 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 ofmles
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 parry agrees by submitting this contract that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower ter 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 parry further agrees by executing this contract that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower
Tier Covered Transaction;" without modification, in all contracts or lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower fief covered transaction that it is not is proposed for debarment under 48 CFR 9,
Subpart 9.4, dcbmred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant
may, but is not required to, check the Nonprocorement List (Telephone No. (202) 5014740 or
(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 ofa participant is not required to exceed than which is normally possessed by a
pendent 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 caters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR 9, Subpart.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the Department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
tt4
FDACS-02017
Page 34 of 44
Florida Department of Agriculture and Consumer Services
Office of Energy
0 ATTACHMENT E
GRANT AGREEMENT NO. LGO04
FINAL REPORT
ADAM H. PUTNAM
COMMISSIONER
Grant Agreement No.:
Grantee Name:
Grantee Address:
Grantee's Representative:
Telephone No.:
Annual Reporting Period:
Project Number and Title:
y
A. Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. If goals were not met,
provide reasons why.)
B. Provide an update on the number of jobs created or retained, quantify the reduction of
greenhouse gasses and the energy saved in kWh or BTU.
C. Provide an update on the estimated time for completion of the project and an
explanation for any anticipated delays.
FDACS-02017
Page 35 of 44
D. Provide any additional pertinent information including, when appropriate, analysis
explanation of cost overruns or high unit costs.
E. Identify below, and attach copies of, any relevant work products being submitted for tl
project for this reporting period (e.g., report data sets, links to on-line photographs, etc.).
F. REPORTING
Activities:
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..
nfgmmee does not have subcontractors, please state 'None' below.
FDACS-02017
Page 36 of 44
1. MINORITY/WOMAN/SERVICE-DISABLED VETERAN -OWNED BUSINESS LIST
The Grantee is encouraged to use small businesses, including minority, woman and service-disabW vetenmowned
businesses as subcontractors under this Grant Agreement. The Grantee is required to report information concerning
thew use of such businesses in each Monthly/Quarterly Progress Report.
*/Jgrantee does not have any subcontracts with minority/women✓service-disabled veteran- owned businesses, please
This report is submitted in accordance with the reporting requirements of Grant Agreement
No. LG004 and accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Representative
444
Date
FDACS-020V
Page 37 of 44
Florida Department of Agriculture and Consumer Services
Office of Energy
ATTACHMENT
DISCLOSURE OF LOBBYING ACTIVITIES
ADAM H. PUTNAM
COMMISSIONER
conflicts, this farm to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See mcrse for public burden disclomm.)
1. Tytheof Federal Action:
2. Ssamsof Federal Action:
3. authors Type:
❑
a. mitialfiling
a. conhad
a. biNoBer/epplicstim
I, materiel change
b. grant
Is, initial awmd
c, cooperative ag loosen.
a post -award
For Material Change Only:
d, loin
a ban ii.tee
year_ qud
f. loan mrseence
date of last r you
q. Name and Address of Repoellug Entiry:
5. If E lly, I.Prim No. ties Subawardeq Ethic Name
and Address of Prime:
d Address f
❑ Prime ❑ Subiwardee
T'a ,ifhnown:
cim"hioml District, fart onw:
Congressional District, iftnown:
6. Federal DepadmenUAgebry:
T. Federal Program NamdDucripliom
CFDA Number, fap011mble:
S. Federal Action Number, ifinonw:
q. Award Amount, tf,Mawn:
E
Name end Address of Lobbying Easier
L. Individuals Ferfordedag Se M. (M,I.*ng address if
pfindividual, last mods irzl name, M7):
dlfemnrfmm No. Poo)
(loss name,Irsf name, MI):
olach Cominumim Sheers
SF-LIlA, i nereua
M,.Wre:
11. ---Has consisted rhrumb 'his form Issulnorlud by one 31 O.S.C.
!of
ceHs.352. This students. of lobbyin6 ardwfe, is a mtlerbl
Print Name:
re"eca than or far. upon which "dinnerwin Placed byibe Her above
when fhh rrumaeHon on, re made or entered i... This disclo sre b
Title:
required Pursuant to 31 U.S.C. 1352. TM1h Information will be reported to
Congms semiannually add will the available for public Imperdon. Any
Date.
person who fail, to me me required dimlmure than Le subjmuo a rml
Telyhom No.:
Whom, or not less than $10,000 suit not more than SIo0,not far each corn
ratline.
Aotimd Nepec
Federal Use Oabv: 7-91
$bodeN Fwm-LLL (Nov]-9])
Frmd-1,L
FDACS-02017
Page 38 of 44
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardes or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to He 31 U.S.C.
section 1352. The filing of a form is required fro 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 cowed Federal action.
2. Identify the states 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 ofthe last previously submitted report by the reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code ofthe reporting entity. Include Congressional District, if
known. Check the appropriate classification ofthe reporting entity that designates if it is or expects to be, a
prime or subaward recipient. Identify the tier of the subawardce, e.g., the first subawatdce of the prime is the
I st tier. Subawards include but are not limited to subcontracts, subgrants and contact awards under grants.
5. Ifthe organization filing the report in item 4 checks "Subawardec", then enter the full name, address, city,
sure and zip code ofthe prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
Shares 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 Assurance (CFDA) number for grunts, cooperative agreements, loans, and
loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1
(a.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number, the
contact, grant, or loan award number; the application/proposal control number assigned by the Federal
agency). Include prefixes, e.g., "RFP-DE-90-001 "
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in itern 4 or 5.
10. (a) Enter the full name, address, city, sole and zip code ofthe lobbying entity engaged by the reporting entity
identified in item 4 to influence the covered Federal action.
(b) Enter the full names ofthe individualist performing services, and include full address if different from 10 (a).
Enter last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Psferwark Reduction Act, as amended, no persons are required to respond to a collection of i.foonstion
unless It displays a valid OMB Control Number. The valid OMB central number for this information collection is OMB
No. 034840046. Public referral, burden for this collection of information is estimated to average 30 minutes per response,
including time for reviewing instructions, searching errting data sourees, gathering and maintaining the data needed, and
complcting and reviewing the collection of information. Send comm,nts regarding the burden estimate or any other aspect
of this collation of information, Including suggestions for reducing this burden, f the Office of Management and Budget,
Pa prk Reduction Pro'M 034M046 Washfa ton D.C. 20503.
ff4
FDACS-02017
Page 39 of 44
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Florida Department of Agriculture and Consumer Services
Office of Energy
Wfi
ATTACHMENT H
FEDERAL FUNDING GRANTEE, SUBGRANTEE AND
CONTRACTORS PROVISIONS
ADAM H. PUTNAM
COMMISSIONER
PURSUANT TO
UNITED STATES DEPARTMENT OF ENERGY AWARDS
All subgrants and contracts awarded by the Grantee, including small purchases, shall contain the following provisions
as applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with E.O.
11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR pan 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. DavhEllacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all
construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a
provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by
Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction"), Under this Act, contractors shall be required to
pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less
than once a week The recipient shall place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance
of the wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts
awarded by recipients in excess of $2000 for construction contracts and in excess of $2,500 for other contracts
that involve the employment of mechanics or laborers shall include a provision for compliance with Sections
102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by
Department of Labor regulations (29 CFR pan 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 '6 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 Comiroction 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.
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
FDACS-02017 N16
Page 41 of 44
Florida Department of Agriculture and Consumer Services
Office of Energy
ATTACHMENT H
FEDERAL FUNDING GRANTEE, SUBGRANTEE AND
CONTRACTORS PROVISIONS
ADAM K PUTNAM
COMMISSIONER PURSUANT TO
UNITED STATES DEPARTMENT OF ENERGY AWARDS
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 ct 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 organisation 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 am forwarded from tier to lief up to the
recipient.
8. Debarment and Suspension (11 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 Nonprocuremmt
Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the
names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible
under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small
purchase threshold shall provide the required certification regarding its exclusion status and that of its principal
employees.
9. Section 509 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. 390h-3(e)) - Contracts and subgrunis of amounts in
excess of $100,000 shall contain a provision that requires the recipient to agree In comply with all applicable
standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act, (42 U.S.C. 300h-3(e)).
Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-332) which prohibits discrimination on the basis of sex;
(b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination
on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which
prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-
255), as amended, relating to nondiscrimination on the basis of ding abuse; (a) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the
Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality,
of alcohol and drug abuse patient records; (g) Tide VIll 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 statutc(s) which may apply.
it. Compliance with the requirements of Titres 11 and DI of the Uniform Relocation Assistance and Real
Property Acquisition Poticies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
12. Compliance with the provision of the Hatch Act (5 U.S.C. 1501 —1508 and 7324 — 7328) which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
FDAC"2017 016
Page 42 of 44
Florida Department of Agriculture and Consumer Services
Office of Energy
ATTACHMENT H
FEDERAL FUNDING GRANTEE, SUBGRANTEE AND
CONTRACTORS PROVISIONS
ADAM H. PUTNAM
COMMISSIONER PURSUANT TO
UNITED STATES DEPARTMENT OF ENERGY AWARDS
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 me to
participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more.
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 (Eli) 11514; (b) notification of violating facilities pursuant in EP 11738; (c) protection of
wedands 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 seg.);
(g) protection of underground sources of drinling water under the Safe Drinking Water Act of 1974, as
amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973,
as amended (P.L. 93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C.
470), EO 11593 (identification and protection of historic properties), and the Archaeological and
Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.)
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development,
and related activities supported by this award of assistance.
IS. 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 warn bloodied animals held for research, teaching, or
other activities supported by this Agreement.
19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits
the use of lead based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency which are contained
in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act
(Pub. L. 94-163, 89 Stat. 871).
21. Assist the Commission in complying with the State Energy Conservation Program as described in the
Code of Federal Regulations, Title 10, Parts 420 and 450 and guidance issued by the U.S. Department of
Energy and subsequent guidance issued by the U.S. Department of Energy; the Financial Assistance
Rules described in Title 10, Part 600, as well as those regulations concerning the use of oil overcharge
recovery funds.
22. The Commission reserves the right to transfer equipment acquired under this grant as provided in Title
10, Part 600.117. The Recipient can obtain a release of this right upon application containing certain
commitments.
23. Compliance with the Buy American Act (41 U.S.C. Via-10c) By accepting funds under this Agreement, the
Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933, popularly known as the "Buy
American Act." The Grantee should review the provisions of the Act to ensue that expenditures made under
this Agreement are in accordance with it. It is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available under this Agreement should be American -
made.
24. Preservation of open and competition and government neutrality towards contractors' labor relations
on federally funded construction projects
FOACS-02017 6r16
Page 43 of 44
Florida Department of Agriculture and Consumer Services
GV Office of Energy
` ATTACHMENT H
FEDERAL FUNDING GRANTEE, SUBGRANTEE AND
CONTRACTORS PROVISIONS
ADAM H. PUTNAM
COMMISSIONER PURSUANT TO
UNITED STATES DEPARTMENT OF ENERGY AWARDS
25.
26.
27.
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 pngect(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).
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.
Compliance with the provision included in Title XV and Title XVI of Public Law 111-5, the American
Recovery and Reinvestment Act of 2009.
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 malting payments for
costs allowable for Recovery Act projects.
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.
FDACS-02017 6116
Page "of as
OFFICE OF ENERGY l l fHH H6LLANnSOUTH
BUILDING, SORE E04
{ego) 6r7-7470 60o ME, FLORIDA3 3 STREET
(850 617-7471 FAx TALLAru1$EE nRmA 3%399'OOm
FLORIDA DEPARTMENT OP AGRICULTURE AND CONSUMER SERVICES
COMMISSIONER ADAM H. PUTNAM
August 6, 2018
CERTIFIED MAIL — RETURN RECIEPT REQUESTED
Mr. Darren Gray, City Manager
City of Clermont
685 W. Montrose Street
Clermont, Florida 34711-2119
Re: Florida Small Community Energy Efficient Lighting Grant Program
Grant Agreement 25328 (LG004)
Dear Mr. Gray:
Enclosed with this letter is Grant Agreement #25328 (LG004) between the City of Clermont and the
Florida Department of Agriculture and Consumer Services. Please obtain the appropriate signatures on
each of the three (3) copies, and return two (2) copies within seven (7) days to the Office of Energy.
If you have any questions about the agreement, or will require additional time to obtain signatures,
please call (850) 617-7470 or email Alexander Mack at Alexander Macke.FreshFromFlorida com.
cc: Mr. lames Kinder, City of Clermont
1-800-HELPFLA E www.FreshFromFlorida.com
