Florida Department of Agriculture and Consumer Services, Office of Energy Request Issued On: September 23, 2016 Applications May Be

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1 NOTICE OF FUNDING AVAILABILITY (NOFA) RENEWABLE ENERGY AND ENERGY EFFICIENTY TECHNOLOGIES GRANT PROGRAM Specific Authority: Section (3), Florida Statutes (F.S.) and Rule 5O & 5O , Florida Administrative Code (F.A.C.). Request Issued By: Florida Department of Agriculture and Consumer Services, Office of Energy Request Issued On: September 23, 2016 Applications May Be September 23, 2016 Submitted Beginning: Application Due Date: November 14, 2016 at 5:00 p.m. Eastern Standard Time (EST) Total Amount to be Awarded: $2,072, Award Amount Range: Minimum award: $50,000 Maximum award: $400,000 Cost Share: Eligible Applicants: Period of Performance: Application Process: 20% of grant funds requested Those applicants identified in Section (2), F.S., and State of Florida entities that are licensed to do business in the state and have a physical presence in the State of Florida. Two years from execution of grant agreement Applicant shall submit at least one (1) clearly marked original and three (3) additional hard copies (that will not be returned to the applicant) of the application and all supplemental materials by the application due date to the address listed in the General Questions section, below. General Questions: Each applicant may submit only ONE (1) application in response to this NOFA. Inquiries and applications must be submitted to: Gail Stafford, Compliance Administrator Florida Department of Agriculture and Consumer Services Office of Energy ATTN: REET Grant Program 600 South Calhoun Street, Room B04 Tallahassee, FL PHONE: (850) FAX: (850) Energy@FreshFromFlorida.com Answers to the questions received by 5:00 p.m. EST each Thursday will be posted to: by 12:00 p.m. EST on the following Monday.

2 TABLE OF CONTENTS PART I FUNDING OPPORTUNITY DESCRIPTION... 3 A. Description/Background... 3 B. Definitions... 3 C. Prohibited Use of Funds... 4 D. Department Objectives... 4 PART II ELIGIBILITY INFORMATION... 6 A. Eligible Applicants... 6 B. Eligible Projects and Activities... 6 C. Ineligible Activities... 6 PART III THE APPLICATION REVIEW... 7 A. Overview... 7 B. Application Eligibility Review... 7 C. Eligibility Review... 7 D. Number of Proposals Per Applicant... 8 E. Application Evaluation Criteria... 8 F. Award Calculation PART IV AWARD ADMINISTRATION INFORMATION A. Award Notices B. Registration Requirements C. Type of Award Instrument D. Estimated Funding E. Maximum and Minimum Award Size F. Period of Performance G. Indirect Costs H. Matching Funds I. Basis for Payment PART V OTHER INFORMATION A. Modifications B. Partial Grants C. Commitment of Public Funds D. Tracking and Reporting E. Proprietary Application Information F. Grant Agreement and Conditions G. Records Retention, Access and Audits H. Lobbying I. Non-Discrimination Statement J. Employment of Unauthorized Aliens K. Appellate Rights ATTACHMENTS: ATTACHMENT A GRANT APPLICATION ATTACHMENT B CONFLICT OF INTEREST STATEMENT Printed: 9/22/2016 Page 2 of 16

3 A. DESCRIPTION/BACKGROUND PART I FUNDING OPPORTUNITY DESCRIPTION The Florida Department of Agriculture and Consumer Services, Office of Energy (department) is issuing this Notice of Funding Availability (NOFA) entitled Renewable Energy and Energy Efficient Technologies Grants Program. Applicants are strongly encouraged to review Rule 5O and 5O , F.A.C. Funds are provided through Section , F.S. for the purpose of providing renewable energy matching grants for demonstration, commercialization, research, and development projects relating to renewable energy technologies and innovative technologies that significantly increase energy efficiency for vehicles and commercial buildings. This competitive grant program is designed to provide funding to municipalities and county governments, established for-profit companies licensed to do business in the State of Florida, universities and colleges, utilities located and operating within the State of Florida, and not-for-profit organizations. B. DEFINITIONS Total Project Costs means grant funds requested plus applicant match. Department means the Florida Department of Agriculture and Consumer Services, Office of Energy. Matching Funds or Other In-Kind Contributions means: a) Actual cash outlays contributed, including, but not limited to, cash outlays for wages, rental expenses, travel expenses, unrecovered indirect costs, and purchases of material and supplies, as a direct benefit to the project; or b) Non-cash contributions necessary and reasonable for proper and efficient accomplishment of project objectives, the value of which must be established using the following guidelines: 1. Rates for donated or volunteer services of any person must be consistent with their regular rate of pay or the rate of pay of those paid for similar work at a similar level of experience in the labor market, including the value of fringe benefits. 2. The value of donated expendable property such as office supplies or workshop supplies must not exceed the fair market value of the property. 3. The value of donated real property such as land must not exceed the fair market value of the property. 4. Donated space must be valued at fair rental value of comparable space and facilities in a privately-owned building in the same locale. 5. The value of loaned equipment cannot exceed its fair rental value. 6. In-kind travel expense must be valued at the approved State of Florida rate as specified in Section , F.S. Cost Reimbursement means payment to grantee of reasonable costs incurred in connection with the performance of work, not to exceed the amount set forth in the approved budget. See the Department of Financial Services, Reference Guide for State Expenditures and Part IV.I. of this NOFA. Indirect Costs means costs that are incurred for common or joint objectives and, therefore, cannot be identified readily and specifically with a particular sponsored project, an instructional activity, or any other institutional activity. Printed: 9/22/2016 Page 3 of 16

4 University means state universities as defined in Section (6), F.S. College means Florida College System institution as defined in Section (3), F.S. Non-profit means nonprofit organization as defined in Section (2)(l), F.S. 1. Is operated primarily for scientific, educational service, charitable or similar purpose in the public interest. 2. Is not organized primarily for profit. 3. Uses net proceeds to maintain, improve or expand the operations of the organization. 4. Has no part of its income or profit distributable to its members, directors or officers. State Funds means state financial assistance as defined in Section (2)(q), F.S. Physical Presence means that the entity is headquartered in the State of Florida and its principal business operations are located in the state. Authorized Representative means a person with the legal authority to apply for financial assistance and enter into commitments on behalf of the organization/entity, or the official designee as certified in writing. Renewable Energy means energy as defined in Section , F.S. C. PROHIBITED USE OF FUNDS Only state universities, colleges, or non-profits may request grant funds for indirect costs which shall be capped at 10% of the grant funds requested less the percentage of indirect costs claimed for matching funds. Any out of state travel shall be capped at 5% of grant funds requested. Administrative funds shall be capped at 15% of grant funds requested. Grant funds shall not be used as matching funds or in-kind contributions for any other state or federally funded projects. See the Department of Financial Services, Reference Guide for State Expenditures and Part IV.I. of this NOFA. E. DEPARTMENT OBJECTIVES The department is dedicated to ensuring Floridians have a sustainable, diverse, and reliable energy portfolio that benefits both Florida s economy and its unmatched environment. In focusing the government s policy and efforts to benefit and protect our state, its citizens and its resources, the department encourages all applicants to adhere to the policy of the state of Florida. Of the various duties that the Florida Legislature has identified that the department shall perform under sections (2) and , Florida Statutes, the following correspond to the objectives of this NOFA: The department is responsible for performing or coordinating the functions of any federal energy programs delegated to the state, including energy supply, demand, conservation or allocation. The department shall promote energy efficiency and conservation in all energy use sectors throughout the state and be the state agency primarily responsible for this function. The department shall coordinate energy-related programs of state government. The department shall provide assistance to other state agencies, counties, municipalities and regional planning agencies to further and promote their energy planning activities. Printed: 9/22/2016 Page 4 of 16

5 The department shall play a leading role in developing and instituting energy management programs aimed at promoting energy conservation and energy security. The department shall encourage local governments to include energy considerations in all planning and to support their work in promoting energy management programs. The department shall consider in its decisions the energy needs of economic sector, including residential, industrial, commercial, agricultural and governmental uses and reduce those needs whenever possible. THIS SPACE INTENTIONALLY LEFT BLANK Printed: 9/22/2016 Page 5 of 16

6 A. ELIGIBLE APPLICANTS PART II ELIGIBILITY INFORMATION Qualified applicants are those applicants identified in Section (2), F.S., and State of Florida entities that are licensed to do business in the state and have a physical presence in the State of Florida. Qualified applicants include: Municipalities and county governments; Established for-profit companies licensed to do business in the state; Universities and colleges in the state; Utilities located and operating within the state; and Not-for-profit organizations licensed to do business in the state. B. ELIGIBLE PROJECTS AND ACTIVITIES This grant program is designed to provide renewable energy matching grants for demonstration, commercialization, research, and development projects relating to renewable energy technologies and innovative technologies that significantly increase energy efficiency for vehicles and commercial buildings. Examples of projects that would be eligible under this grant program include: Research, development, and commercialization of renewable energy technologies such as advanced solar technologies, ocean energy, or bioenergy. Research, development, and commercialization of energy efficient technologies that significantly increase energy efficiency for vehicles and commercial buildings. Projects could include energy distribution technologies, new techniques to capture and use landfill gas, innovative onsite (buildings) renewable technology that generates electricity, new lighting technologies, design and development of prototypes for renewable energy storage. C. INELIGIBLE ACTIVITIES Activities that are NOT eligible under this grant include, but are not limited to,: Lobbying Membership fees Land acquisition Purchase of vehicles or vessels New construction Foreign Travel National Environmental Protection Act and Historic Preservation compliance costs Costs due to negligence Legal costs License and permits Purchase of additional buildings Profit Printed: 9/22/2016 Page 6 of 16

7 PART III THE APPLICATION REVIEW A. OVERVIEW Applications submitted in response to the NOFA shall become the property of the department and are subject to public record disclosure pursuant to Florida Law. All proposals received shall remain confidential until agreements are fully executed. NOTICE: Applicants are prohibited from contacting any and all reviewers selected by the department, during the application review period. Contacting any reviewer will result in disqualification. Department staff will perform an Eligibility Review on all grant applications. Once an application is deemed eligible, the application will be scored on the evaluation criteria listed in Part III.E. of this NOFA. B. APPLICATION ELIGIBILITY REVIEW The application form for this grant program is contained in Attachment A of this NOFA. Instructions for completion are included within the NOFA and application form. In addition to the completed and signed application form (Attachment A), applicants must also submit the Attachment B, Conflict of Interest Statement, signed by the applicant s signatory. Pages, including attachments (such as copies of proof of required registrations, signature authority, support letters, not-for-profit status, as applicable), should be numbered sequentially. Pages submitted beyond the page limits will NOT be reviewed. Any content that exceeds the page limits or allocated space for each section of the application will not be reviewed. Applications that do not include all of the required information will be rejected. C. ELIGIBILITY REVIEW All applications will be reviewed for eligibility. Applicants will be deemed ineligible for the following reason: a) The applicant is not identified in Section (2), F.S. and is not licensed to do business in the state. Eligible applicants include: a. Municipalities and county governments; b. Established for-profit companies licensed to do business in the state; c. Universities and colleges in the state; d. Utilities located and operating within the state; and e. Not-for-profit organizations. b) Applicant does not have a physical presence in the State of Florida. c) The applicant did not use Renewable Energy and Energy-Efficient Technologies Grant Program Application, form FDACS (rev. 03/16); d) The applicant did not include an original signature, on the original hard copy application, from the applicant s authorized representative (if applicable, signature delegation authority must be attached); e) The applicant did not provide the required minimum, verifiable, matching funds as described in Part IV.H. of this NOFA; Printed: 9/22/2016 Page 7 of 16

8 f) Sections A, F, G, or H of Renewable Energy and Energy-Efficient Technologies Grant Program Application, form FDACS (rev. 03/16), are incomplete; g) The applicant did not meet the criteria set forth in Part III.D. of this NOFA; h) The applicant s application was not received by the department by the date and time specified in this NOFA. i) The department has a pending civil or administrative action against the applicant; j) The applicant has entered into a consent order with the department, unless the applicant has satisfied all requirements for corrective actions and has paid all costs, civil penalties, damages, and other financial assessments required by the consent order; k) The application did not obtain the minimum score of 88. Determination of eligibility is at the sole discretion of department staff. An application that includes several activities, some of which are determined ineligible, may be considered after the ineligible activities are removed. The application will be evaluated based on the remaining eligible activities. If department staff determines that an application is ineligible, it will be removed from further consideration. The department reserves the right to waive minor irregularities in applications submitted. D. NUMBER OF PROPOSALS PER APPLICANT An eligible applicant can submit only one application for funding under the Renewable Energy and Energy Efficient Technologies Grants Program. If multiple applications are submitted by an entity, only the first date/time stamped application will be considered. If multiple applications are submitted in the same package, the entire package will be rejected. The department may reject any application not in compliance with all prescribed procedures and requirements, as described in this NOFA. E. APPLICATION EVALUATION CRITERIA Each complete, eligible proposal will be scored, utilizing whole numbers only, using the following point structure. Applications not receiving the minimum score will NOT be eligible for funding, even if unobligated funds remain. Criteria Max Points Possible 1. Cost Share Percentage Economic Development Technical Feasibility Innovative Technology Production Potential and Energy Efficiency Fostering Awareness Project Management 5 8. Duration & Timeline 5 9. Location Served Public Integration Florida Public University and College 10 Preference Total Numerical Rating 125 Printed: 9/22/2016 Page 8 of 16

9 1. Cost Share Percentage: The availability of matching funds or other in-kind contributions applied to project from the applicant. Cost share percentage shall be rounded to the nearest whole number. 0 points = 20% of grant funds requested. 2 points = Greater than 20% up to and including 25% of grant funds requested. 4 points = Greater than 25% up to and including 30% of grant funds requested. 6 points = Greater than 30% up to and including 35% of grant funds requested. 8 points = Greater than 35% up to and including 40% of grant funds requested. 10 points = Greater than 40% up to and including 50% of grant funds requested. 12 points = Greater than 50% up to and including 60% of grant funds requested. 14 points = Greater than 60% up to and including 70% of grant funds requested. 16 points = Greater than 70% up to and including 80% of grant funds requested. 18 points = Greater than 80% up to and including 90% of grant funds requested. 20 points = Greater than 90% of grant funds requested. 2. Economic Development: The degree to which the project stimulates in-state capital investment and economic development in metropolitan and rural areas, including the creation of jobs and the future development of a commercial market for renewable energy technologies. This should also include information on where and how grant funds are expected to be used. Minimum (0 points): Negative contribution or this element of the evaluation criteria was not addressed. Maximum (20 points): Significant potential for economic development in Florida. 3. Technical Feasibility: The extent to which the proposed project has been demonstrated to be technically feasible based on pilot project demonstrations, laboratory testing, scientific modeling, or engineering or chemical theory that supports the proposal. This should include the demonstration of the Technical Readiness Level or other methods to prove the feasibility of the project and technology. Minimum (0 points): No proof of feasibility or this element of the evaluation criteria was not addressed. Maximum (15 points): Project demonstrated to be technically feasible and claims are fully supported. 4. Innovative Technology: The degree to which the project incorporates an innovative new technology or an innovative application of an existing technology. This should include background information about how the applicant s technology compares to existing technologies and an explanation as to why it is innovative in comparison. Minimum (0 points): No degree of innovation or this element of the evaluation criteria was not addressed. Maximum (15 points): Project incorporates technologies or processes that are not in common use in Florida, that represent a novel application of an existing technology or process, or that overcome obstacles to meeting Florida s energy needs in new or innovative ways. 5. Production Potential and Energy Efficiency: The degree to which a project generates thermal, mechanical, or electrical energy by means of a renewable energy resource that has substantial long-term production potential and/or demonstrates efficient use of energy and material resources. This should include information on the energy production potential of the proposed technology and an explanation as to the efficient use of materials in the manufacture and/or use of the technology. Minimum (0 points): No production potential or energy efficiency or this element of the evaluation criteria was not addressed. Printed: 9/22/2016 Page 9 of 16

10 Maximum (15 points): Significant potential for energy production in Florida and incorporates energy efficient products and practices including process improvements that lead to source reduction, waste minimization, and on-site recycling. 6. Fostering Awareness: The degree to which the project fosters overall understanding and appreciation of renewable energy technologies. This should include information about how this project will assist in advancing academic research, development, or commercialization for the renewable energy and energy efficiency industry as a whole. Minimum (0 points): No contribution or this element of the evaluation criteria was not addressed. Maximum (10 points): Significant potential for fostering awareness of renewable energy technologies throughout Florida. 7. Project Management: The ability to administer a complete project within the specified timeframe. This should include information about individuals working on the project and their experience as it relates to the successful completion of the proposed project. Minimum (0 points): Project team mismatched for tasks identified. No prior management experience on project team. Budget is unrealistic. Maximum (5 points): Project team has extensive management experience and expertise in the proposed field of study. Budget suited to tasks involved. 8. Duration & Timelines: Project duration and timeline for expenditures. This should include an explanation as to how the project will be completed in the timeframe allotted. Minimum (0 points): Project objectives will not be met and grant funds will not be exhausted within the two year grant agreement timeframe. Maximum (5 points): No difficulty accomplishing project objectives and expending funds within grant agreement timeframe. 9. Location Served: The geographic area in which the project is to be conducted in relation to other projects. This should include information about activities within the immediate area that benefit the area or enhance the project. Minimum (0 points): Project duplicates existing efforts in the county or counties in which the project is proposed, minimizing its potential value to the community and state. Maximum (5 points): Location of project benefits related efforts in the county or counties in which the project is proposed and surrounding areas, creating value for the community and state. 10. Public Integration: The degree of public visibility and interaction. This should include information regarding the ability of the project to educate the general public regarding renewable energy and energy efficient technologies. Minimum (0 points): No visibility and interaction with the general public or this element of the evaluation criteria was not addressed. Maximum (5 points): Significant potential for public visibility and interaction. 11. Florida Public University and College Preference: Florida Public Universities and Colleges shall receive preference in scoring. Minimum (0 points): The applicant is not a Florida Public University or College. Maximum (10 points): The applicant is a Florida Public University or College. Total Points possible: 125 Minimum score to be considered for funding: 88 Printed: 9/22/2016 Page 10 of 16

11 F. AWARD CALCULATION Each reviewer's scores shall be totaled and the total score for all reviewers shall be divided by the number of reviewers. The highest averaged scored application shall be ranked number one, the second highest averaged scored application shall be ranked number two, and so on, until all eligible applications are ranked. In the instance of a ranking tie between two or more applications, the application proposing the higher percentage of match shall be ranked higher. In the instance of a ranking tie between two or more applications, and those applications propose the same percentage of match, the application submitted earlier in date shall be ranked higher. The final list for funding will be approved by the Director or Deputy Director of the Florida Department of Agriculture and Consumer Services, Office of Energy and posted on the department s webpage. THIS SPACE INTENTIONALLY LEFT BLANK Printed: 9/22/2016 Page 11 of 16

12 A. AWARD NOTICES PART IV AWARD ADMINISTRATION INFORMATION The department will notify applicants selected for award. The department will post a list of applicants selected for award at A grant under this program will not be awarded until a State Financial Assistance Recipient Agreement (Grant Agreement) has been fully executed between the department and the applicant. Recipients who wish to enter into a Grant Agreement with the department must comply with state of Florida s policy and registration requirements of Part IV.B. Expenses related to a proposed project incurred prior to the award announcement are not eligible as matching funds or in-kind contributions. Award announcement is the date on which the final rankings are posted on the department s website. B. REGISTRATION REQUIREMENTS Prior to entering into an agreement: If applicable, Applicants must be registered to do business in Florida through the Florida Department of State, Division of Corporations ( Applicants must be registered through the MyFloridaMarketPlace Vendor Information Portal ( as appropriate. Applicants must have a W-9 or substitute W-9 (as appropriate) on file with the Department of Financial Services at C. TYPE OF AWARD INSTRUMENT After the award, department staff will work with each eligible applicant to prepare a cost reimbursement Grant Agreement based on the grantee s application and the terms of this program announcement. Grant funds must be awarded through a formal grant agreement negotiated and executed between the department and the grant applicant. Either party has the discretion to terminate negotiations if an agreement is not reached within 45 days of announcement of award. If the department and the grant applicant are unable to negotiate an agreement, the grant shall not be awarded to that grant applicant. Department staff shall conduct site visits prior to awards, which may affect the timeline for execution of the Grant Agreements. Pre-award costs are incurred at the recipient s risk. The department will not reimburse costs incurred prior to execution of the Grant Agreement. D. ESTIMATED FUNDING Approximately $2 million is anticipated to be available for new awards under the 2016 Renewable Energy and Energy Efficient Technologies Grants Program announcement. The department reserves the right to increase or decrease the anticipated estimate of funding at its sole discretion. If funds are not available to award the total amount requested by an applicant due to awards of grants to higher ranked applications, the department shall award partial grants to applicants up to the amount of the fiscal appropriation remaining in each state fiscal year. Printed: 9/22/2016 Page 12 of 16

13 E. MAXIMUM AND MINIMUM AWARD SIZE The minimum allowable amount of grant funds for an application to be eligible for consideration for award shall be $50,000, and the maximum allowable amount of grant funds shall be $400,000. F. PERIOD OF PERFORMANCE Grant agreements shall be limited to no longer than two years in duration. G. INDIRECT COSTS Only state universities, colleges, or non-profits may request grant funds for indirect costs which shall be capped at 10% of the grant funds requested less the percentage of indirect costs claimed for matching funds. H. MATCHING FUNDS All matching funds and other in-kind contributions, including third party in-kind, shall meet the definition in Part I.B. of this NOFA, be documented as verifiable from the applicant s records, and not be included as contributions for any other state or federally assisted project or program. Matching funds must be documented by supporting documentation in the same manner as requested for costs reimbursement. Matching funds must be expended in concurrence with grant funds. Expenses related to a proposed project incurred prior to the award announcement are NOT eligible as matching funds or in-kind contributions. Third party cost share must be supported by a commitment letter, including the commitment amount, to be considered under the Cost Share Percentage criteria. The commitment letter must be on letterhead and signed by an authorized signatory of the third party. Matching funds will be verified by department staff prior to execution of the grant agreement. The minimum required amount for an application to be eligible for consideration for award shall be 20% of grant funds requested. Cost share percentage shall be rounded to the nearest whole number. I. BASIS FOR PAYMENT As consideration for the services rendered by the recipient under the terms of the grant agreement, the department shall pay the recipient on a cost reimbursement basis an amount not to exceed the awarded amount. Cost Reimbursement is defined in Part I.B. of this NOFA. THIS SPACE INTENTIONALLY LEFT BLANK Printed: 9/22/2016 Page 13 of 16

14 PART V OTHER INFORMATION A. MODIFICATIONS Notices of any modifications to this application process or application will be posted at B. PARTIAL GRANTS If funds are not available to award the total amount requested by an applicant, the department may award partial grants to applicants up to the amount of the fiscal appropriation. The department shall award grants based on the process laid out under Part IV of this NOFA. C. COMMITMENT OF PUBLIC FUNDS The department is the only entity who can award Renewable Energy and Energy Efficient Technologies Grants under this program or commit the state of Florida to the expenditure of public funds appropriated for these grants. A commitment by any entity other than the department, either explicit or implied, is invalid. The commitment of state funds is contingent upon budget authority from the state Legislature. D. TRACKING AND REPORTING Tracking and reporting of grant funding must be separate from other applicant funds to meet state reporting requirements. The terms and conditions of the funding award agreement will specify the format, tools, and information required for reporting programmatic and energy metrics as specified by the state government. Recipients should review the Department of Financial Services, Reference Guide to State Expenditures and, as applicable, Chapter 287, Florida Statutes and, Section , Florida Statutes. E. PROPRIETARY APPLICATION INFORMATION Any material submitted in response to this application process will become a public record pursuant to Chapter 119, Florida Statutes. Any claim of confidentiality is waived upon submission, unless addressed as set forth below. DISCLOSURE AND OWNERSHIP OF PLAN CONTENTS: An applicant s response to this application process shall be a public record and subject to production, disclosure, inspection and copying consistent with the requirements of Chapter 119, Florida Statutes. All information in an application (including, without limitation, technical and price information), and any Grant Agreement resulting from this application process, which will incorporate the successful application, will be a matter of public record, subject to the provisions of Florida s Public Records Act, Chapter 119, Florida Statutes, regardless of copyright status. Submission of an application shall constitute a waiver of any copyright protection, which might otherwise apply to the department s production, disclosure, inspection and copying of such application and Grant Agreement, or any part thereof, except those parts asserted to be exempt under Chapter 119, Florida Statutes. The application, upon submission, and the Grant Agreement shall be the property of the department. The department reserves the right to use any and all information contained in an application received to this application process. Printed: 9/22/2016 Page 14 of 16

15 Guidelines: 1. The principles of least access, separation of functions and need to know should guide the determination of user authorizations, rather than rank, position or precedent. Group level authorizations should be avoided. 2. Confidential information should be marked or flagged as confidential or other designation, which clearly distinguishes them from non-confidential information. Data or files containing confidential information need not be considered confidential if the information is encrypted with encryption keys properly controlled. 3. Confidential information in magnetic or electronic form should contain the markings in a manner appropriate to the media such that special protection requirements will be apparent to anyone accessing the data. 4. Confidential information in hard copy should have markings on each page. Physical markings should also be applied to the exterior of all input/output media such as diskettes, tapes and volumes which contain confidential information. 5. Magnetic media and hard copy data which has contained confidential information should not be disposed of or removed from department security controls without assurance that confidential information has been deleted and cannot be recovered. Processes to delete information from magnetic media include complete degaussing, electronic overwriting and physical destruction. Media which has been subjected to a deletion process should be tested periodically as a separate function in order to validate continued effectiveness of the process. 6. Divisions may elect to establish more than one level or category of sensitivity, considering the vulnerabilities associated with the number of employees who would otherwise have access to more confidential information than required by their duties. In such event, the different sets of confidential information must be distinguishable and the controls for each must be defined. 7. Procedures for removal of confidential information from records should be devised such that the desensitized version may be available to the public in accordance with the Florida Public Records Act. Any collection of automated information or data which the owner has determined to contain no confidential information is, by definition, public information. 8. Unless extraordinary steps are taken to ensure control, the use of end user computing for mission critical tasks should be avoided. Absent the types of controls ordinarily found in larger processing environments (e.g., backing up, access restrictions and individual accountability for changes to data), end user computing are highly vulnerable to risks associated with data integrity, disclosure and loss. The use of end user computing workstations for mission critical tasks should be strictly reviewed and only permitted where adequate controls are in place to provide continued data confidentiality, integrity, and availability. F. GRANT AGREEMENT AND CONDITIONS All terms and conditions within the Grant Agreement and associated attachments shall apply. The department will have the right to access any books, documents, papers and records of the grant recipients which are directly pertinent to the Grant Agreement, for the purpose of making audit examinations, excerpts and transcriptions. Quarterly or monthly progress reports and a final progress report will be required of all grant recipients. Additional progress reports may be required if grants are extended past the initial deadline. Failure to submit a required report or submission of an unsatisfactory report is sufficient grounds for termination of the grant agreement. Printed: 9/22/2016 Page 15 of 16

16 G. RECORDS RETENTION, ACCESS, AND AUDITS The recipient shall maintain books, records and documents directly pertinent to the performance under this agreement, in accordance with generally accepted accounting principles consistently applied. The department, the state or their authorized representatives shall have access to such records for audit purposes during the term of the agreement and for five years following the contract termination date or date of final payment, whichever is later. If an audit, litigation, or other action involving the records is started before the end of the five year period, the records must be retained until all issues arising out of the action are resolved or until the end of the five year period, whichever is later. H. LOBBYING In accordance with Section , Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. I. NON-DISCRIMINATION STATEMENT The recipient 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 et. Seq.); Section 504 of the Rehabilitation Act of 1973 (29 USC 795); and the Age Discrimination Act of 1975 (42 USC ). J. EMPLOYMENT OF UNAUTHORIZED ALIENS The recipient is informed that the employment of unauthorized aliens by and contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the recipient knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. K. APPELLATE RIGHTS Any appeals related to a department decision pursuant to this grant program shall be in accordance with Chapter 120, Florida Statutes. Additional questions can be directed to the department at: Gail Stafford, Compliance Administrator Florida Department of Agriculture and Consumer Services, Office of Energy ATTN: REET Grant Program 600 South Calhoun Street, Room B04 Tallahassee, FL PHONE: (850) FAX: (850) Energy@FreshFromFlorida.com Answers to the questions received by 5:00 p.m. EST each Thursday will be posted to: by 12:00 p.m. EST on the following Monday. Printed: 9/22/2016 Page 16 of 16