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Agenda 04/27/2010 Item #16E 5 Agenda Item No. 16E5 April 27, 2010 Page 1 of 34 EXECUTIVE SUMMARY Recommendation to accept the request from the Children's Museum of Naples to terminate the Subrecipient Agreement that was intended to provide American Recovery and Reinvestment Act (ARRA) Energy Efficiency and Conservation Block Grant (EECBG) funding in the amount of $250,000 for energy savings and renewable energy projects and authorize the County Manager or his designee to reallocate the funding as necessary. OBJECTIVE: To terminate the subrecipient agreement and allow the reallocation of EECBG funds to other projects. CONSIDERATIONS: On February 17, 2009, Congress passed the American Recovery and Reinvestment Act (ARRA) and on March 26, 2009 the United States Department of Energy (DOE) designated $3,036,000 for the EECBG to Collier County. The EECBG was accepted by the Board of County Commissioners on September 29, 2009 and a Subrecipient Agreement with the Children's Museum of Naples (C'Mon) was approved on October 27, 2009 providing $250,000 in grant funds. Funds were allocated specifically for energy savings and renewable energy projects at the museum facility under construction at 15080 Livingston Road located on property within the North Collier Regional Park. Subsequent to approval of the Subrecipient Agreement, C'Mon evaluated the feasibility of complying with the ARRA terms and conditions, specifically those related to the Davis-Bacon Act prevailing wage rate law and determined that it would be cost prohibitive to apply the new requirements to the entire project. While grant funding was intended to support four distinct activities, these projects are part of the larger museum project and under the same contract so prevailing wage rates and certified payrolls are required for the entire project if any federal funds are allocated. C'Mon determined that compliance would require additional expense and requested termination of the subrecipient agreement. The termination of the Subrecipient Agreement is considered a scope change for the EECBG grant and requires a formal modification of the agreement. To most efficiently and effectively implement the grant and meet the time constraints, funds will be reallocated to existing EECBG projects as necessary and as approved by DOE. If funds remain after all planned projects are underway, staff will defer to the previously evaluated list of projects that were submitted for funding and allocate funds to the next ranked projects. FISCAL IMPACT: Termination of the subrecipient agreement will require amendment of the grant budget and associated modifications in Fund 725, Project 33062. This action will not change the total amount allocated to Collier County, but will only result in a reallocation of funds to other activities within the grant. Agenda Item No. 16E5 April 27, 2010 Page 2 of 34 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. - CMG RECOMMENDATION: Recommendation that the Board of County Commissioners: 1) Accepts the request to terminate the subrecipient agreement; 2) Authorizes the necessary budget amendments; and 3) Authorizes the County Manager, or designee, to electronically accept the modification to the grant agreement. PREPARED BY: Marlene Foord, Grant Coordinator Item Number: Item Summary: Meeting Date: Agenda Item No. 16E5 April 27, 2010 Page 3 of 34 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16E5 Recommendation to accept the request from the Children's Museum of Naples to terminate the Subrecipient Agreement that was intended to provide American Recovery and Reinvestment Act (ARRA) Energy Efficiency and Conservation Block Grant (EECBG) funding in the amount of $250,000 for energy savings and renewable energy projects and authorize the County Manager or his designee to reallocate the funding as necessary. 4/27/20109:00:00 AM Approved By Colleen Greene County Attorney Assistant County Attorney Date County Attorney 4/13/2010 11:35AM Approved By Lyn Wood Administrative Services Division Contracts Specialist Date Purchasing & General Services 4/16/2010 12:13 PM Approved By Steve Carnell Administrative Services Division Director - Purchasing/General Services Date Purchasing & General Services 4/16/201012:36 PM Approved By Len Golden Price Administrative Services Division Administrator - Administrative Services Date Administrative Services Division 4/16/2010 2:30 PM Approved By OMB Coordinator County Manager's Office Date Office of Management & Budget 4/16/20104:07 PM Approved By Therese Stanley Office of Management & Budget Manager - Operations Support - Trans Date Office of Management & Budget 4/19/20101:18 PM Approved By Jeff Klatzkow County Attorney Date Approved By 4/19/20102:24 PM Leo E. OChs, Jr. County Managers Office County Manager Date County Managers Office 4/20/201011:14 AM Agenda Item No. 16E~ April 27, 201~ Page 4 of 34 ~ .... ~ ~-+ ~mon o\~'I>Q:~" ~ Childrens MUse~~ BOARD OF DIRECTORS Julie Koester Bo"rd Chair Pam Becker Vice Chair Ally Laos Founder Kim Buckheit Secretary Directors Shelia S. Davis Shirlene Elkins John Fumagalli Edward J. Jones J. Christopher Lombardo Carol Lund Simone Lutgert Linda Malone Mayela Rosales Mary Smallwood Lisa Barnett Van Dien Joe Cox Executh'e Director The mission oUhe Children's Museum of Naples is to provide an exciting, impiring environment where clJildn'n and their families pla,V. learn tinct dre.am together. March 12,2010 Ms. Marlene Foord, AICP Grant Coordinator Administrative Services, Bldg. D. Collier County Government 3301 Tamiami Trail East Naples FL 34112 Re: Contract #10-5374 "ARRA Grants for Children's Museum of Nap1es, Inc." Energy Efficiency and Conservation Block Grant DE-EE0000783/000 Dear Marlene, I regret to notify you that due to unforeseen additional costs to the Children's Museum of Naples to implement the grant awarded to our organization, we must respectfully decline receiving funds from the Energy Efficiency and Conservation Block Grant. This letter will serve as our official notice of termination of our Agreement as a sub-recipient with Collier County for these grant funds. Please know how much we have enjoyed working with you and your staff during this entire process and that your help along the way has been tremendous. Thank you for the opportunity and if you need any additional information from us in wrapping this up this termination, please don't hesitate to ask. www,cmon,org 1'0 Box 2423 + Nupks. FL 34106 2.~9-514-0084 Agenda Item No. 16E5 April 27,2010 Page 5 of 34 AGREEMENT BETWEEN COLLIER COUNTY AND CHILDREN'S MUSEUM OF COLLIER COUNTY ENERGY SAVINGS AND RENEWABLE ENERGY:PROJECTS Energy Efficiency and Conservation Block Grant DE-EE0000783/000 Catalog of Federal Domestic Assistance # 81.128 TffiS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and Children's Museum of Naples, Inc., a private not-for-profit cOlporation existing under the laws of the State of Florida, having its princip~" office at 821 Fifth Avenue South, Suite 201, Naples, Florida. 34102, and its Federal Tax Identification number as 01-0687133 and Dun and Bradstreet number as 807859892, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an assistance agreement with the United States Department of Energy (DOE) for an Energy Efficiency and Conservation Block Grant (EECBG) to reduce fossil fuel emissions, reduce total energy use of the eligible entities, and improve energy efficiency in the building sector, the transportation section and other appropriate sectors, along with creating jobs; and WHEREAS, grapt funding is the result of the American Recovery and Reinvestment Act of 2009 (ARRA), Public Law 111-5~ which appropriated funding to the DOE as authorized by Title V, Subtitle E offue Energy Independence and Security Act (EISA) of2007; and WHEREAS, the COUNTY has determined to subgrant up to $250,000 of its EECBG funding to the SUBRECIPIENT for multiple Energy Savings and Renewable Energy Projects to be located at the Children's Museum of Naples facility at 15080 Livingston Road, Naples, Florida 34110; and WHEREAS, the Energy Savings and Renewable Energy Projects include the development of infrastructure that has or will receive the full review and vetting required by law; and . WHEREAS, the COUNTY desires to engage the SUBRECPIBNT to implement the projects defined in Exhibit A of this Agreement and has determined that these infras~cture projects are a valid and worthwhile County purpose and an appropriate use of ta'{payer dollars. Page I of2a Agenda Item No. 16E5 April 27, 2010 Page 6 of 34 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. Scope of Services The SUB RECIPIENT shall, in a satisfactory and proper manner, as determined by COUNTY perform the tasks necessary to complete the energy improvements outlined in Exhibit A. II. Terms of Aereement The SUBRECIPIENT shall implement this Agreement in accordance with: A. The American Recovery and Reinvestment Act of2009 CARRA), which includes but is not limited to governance, transparency, data collection and resources, B. Applicable Federal, State, and County laws, ordinances and codes, and will obtain all necessary permits, . C. Attached exhibits, including the Scope of Work (Exhibit. A), Monthly Progress Report (Exhibit B), Request for Reimbursement (Exhibit C), Reporting Checklist (Exhibit D), Insurance Requirements (Exhibit E), D. The Buy American Rule as outlined in Section 1605 of the ARRA, E. The Davis-Bacon Act as outlined in Section 1606 of the ARRA, F. National Policy Assurances: http://management.energy.gov/businessdoe/1374.htm G. DOE Program Regulations, if applicable, H. DOE Assistance Regulations, 10 CFR Part 600 at htq)://ecfr.gpoaccess.gov. I. Grant application as submitted by Collier County and DOE Agreement as approved by DOE (available by request). III. Resolution of Conflictine Conditions Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the COUNTY prior to referral to the DOE A ward Administrator for guidance. Page 2 of28 Agenda Item No. 16E5 April 27, 2010 Page 7 of 34 IV. Time of Performance The effective date of this Agreement shall be the fmal execution date of the Agreement and shall terminate no later than July 31, 2012 at which time all funds must have been expended and all reporting requirements met to the satisfaction of the COUNTY. As identified in the Assistance Agreement between COUNTY and the United States Department of Energy (DE-EE0000783): A. Funding for these activities is restricted pending (1) further submission of information specifically identifying all activities authorized under these projects; and (2) a final National Environmental Protection Act (NEP A) determination from DOE regarding those activities. Once DOE makes a final NEP A determination and DOE authorizes COUNTY to expend federal funds via an amendment to the DOE Assistance Agreement, SUBRECIPIENT will be notified by COUNTY and an amendment to this Agreement will be required commensurate with the amendment to the DOE Assistance Agreement. No expenditure of funds is permitted until such amendment is fully executed. If SUBRECIPIENT moves forward with activities that are not authorized for Federal funding by the COUNTY and the DOE Contracting Officer in advance of the final NEPA decision, SUBRECIPIENT is are doing so at risk of not receiving Federal funding. Specific NEPA restrictions include: 1. Further submission of information specifically identifying all activities authorized under these projects; 2. Further information to satisfy DOE concerns related to the Waste Stream and Historic Preservation clauses detailed in the DOE Agreement; and 3. Further information to satisfy DOE concerns related to the "Engineering Clause" that is further defined by DOE as the safety and structural integrity of any repair, replacement, construction, and or alteration performed under this project. These restrictions do not preclude the SUBRECIPIENT from: conducting assessments, studies, audits, developing strategies, and engaging in other administrative work described in the Scope of Work. B. All projects identified in Exhibit A (Statement of Work) may be further refined in a DOE approved Statement of Project Objectives (SOPO). . If required by DOE, stich SOPO will be reflected in an amendment to this Agreement. Until such time as the SOPO is approved by DOE in writing and the amendment to the SUBRECIPIENT Agreement fully executed Page 3 of28 Agenda Item No. 16E5 April 27,2010 Page 8 of 34 or the COUNTY notifies SUBRECIPIENT that such SOPO is not required by DOE, no reimbursement for costs associated with the activities will be made. C. SUBRECIPIENT must be approved by the DOE Contracting Officer in order to receive reimbursement for the costs associated with the activities listed in Exhibit A and any amendments made to Exhibit A. V. Considerations and Limitation of Costs The SUB RECIPIENT shall be reimbursed by the COUNTY using DOE funding for allowable costs, determined by COUNTY, in an amount not to exceed $250,000 (Two Hundred and Fifty Thousand dollars) for the activities described in Exhibit A and any amendments made to Exhibit A. SUBRECIPIENT agrees to the following: . A. Grant funds obligated shall not be eXp'ended, directly or indirectly, for gambling establishments, aquariums, zoos, golf courses or swimming pools. B. Grant funds shall be used in a manner that maximizes job creation and economic benefit. C. Grant funds obligated shall not be expended on administrative costs and all expenses will directly relate to the contractual costs associated with the projects identified in Exhibit A. D. The award of grant funds does not include indirect costs and no indirect expenses shall be charged to nor reimbursement requested for this project. E. It is not expected that program income will be earned during the project period associated with the projects identified in Exhibit A, however, if SUBRECIPIENT determines that program income has been. earned or will be earned during the project period, SUBRECn>IENT will immediately notify COUNTY for a determination to be made about use of program income for project objectives. F. No costs associated with decontamination or decommissioning of any of the SUBRECIPIENT's facilities will be reimbursable using grant funds. G. All equipment and products purchased with grant funds should be American made under the provisions en~itled "Required Use of American Iron, Steel and Manufactured Goods" of Section 1605 of the ARRA unless otherwise specific in an amendment to this Agreement or as provided in writing by the COUNTY to the SUBRECIPIENT following additional written guidance by DOE. H. SUBRECIPIENT will use grant funds to supplement rather than supplant other funding for these projects. Page 4 of 28 Agenda Item No. 16E5 April 27, 2010 Page 9 of 34 VI. Administrative Reauirements SUBRECIPIENT agrees to comply with 2 CFR, Part 215 [Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations (OMB Circular A-I 10)] an4the following: A. AUDITS Audits, inspections and monitoring will be conducted during the grant period and on an annual basis through a variety of methods to oversee project activities performed under this award. 1. If SUBRECIPIENT expends $500,000 or more annually in federal awards, it shall have a single or program-specific audit conducted for that year in accordance with OMB A- 133. If expending federal awards of $500,000 or more under only one federal program may elect to have a'program-specific audit performed in accordance with OMB A-133. 2. If SUBRECIPIENT expends less than $500,000 annually in federal awards, it shall be exempt from an audit conducted in accordance with OMB A-133, although records must be available for review (e.g., inspections, evaluations). If this is the case, SUBRECIPIENT is required to submit a "Reduced Scope" audits (e.g., financial audit, performance audits) to the COUNTY. It may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which it participates. 3. When the requirements of OMB A-l33 apply, or when the SUBRECIPIENT elects to comply with OMB A-B3, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract hav~ been received by the SUBRECIPIENT. A copy of the audit report must be received by the COUNTY no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently imd properly reflect all revenues and expenditures of funds provided directly or indirectly by the COUNTY pursuant to the terms ofthis Agreement. 5. The SUBRECIPIENT shall include in all approved vendor contracts each of the record- keeping and audit requirements detailed in this Agreement. 6. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act, including files containing contractor payrolls, employee interviews, Davis-Bacon wage Page 5 of 28 Agenda Item No. 16E5 April 27, 2010 Page 10 of 34 rates, and administrative cross referencing. SUBRECIPIENT shaH maintain records showing contractor compliance with the applicable National Policy Assurances referenced in Section II of this Agreement. B. MONITORING 1. DOE and the COUNTY will oversee the project activities performed under this award. Oversight activities include, but are not limited to, conducting site visits; reviewing performance and fi.nancial reports; 'providing technical assistance and/or temporary intervention in unusual circumstances to correct deficiencies which develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the award objectives have been accomplished. 2. Authorized representatives of DOE and the COUNTY have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. SUBRECIPIENT must provide reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work. C. REPORTING 'The reporting requirements for this Agreement are identified on the Federal Assistance Reporting Checklist, DOE F 4600.2, attached to this Agreement as Exhibit D. The COUNTY will establish timelines for provision of information by the SUBRECIPIENT to facilitate the successful and timely submittal of all required grant reports. Reports include, but are not limited to: 1. Quarterly ARRA reporting is required of SUBRECIPIENT and SUBRECIPIENT's vendors, including data elements described in Section 1512 of the ARRA and further outlined at htto://www.federalreporting.gOv. 2. Monthly progress reports will be submitted using the form attached as Exhibit B and will be accompanied by a Request for Reimbursement if applicable. Page 6 of 28 Agenda Item No. 16E5 April 27, 2010 Page 11 of 34 3. A Special Status Report must be provided to the COUNTY to provide to DOE if any of the following events occur: a.Developments that have a significant favorable impact on the project. b. Problems, delays, or adverse conditions which materially impair the recipient's ability to meet the objectives of the award or which may require DOE to respond to questions relating to such events from the public. The recipient must report any of the following incidents and include the anticipated impact and remedial action to be taken to correct or resolve the problem/condition i. Any single fatality or injuries requiring hospitalization of five or more individuals. ii. Any significant environmental permit violation. iii. Any verbal or written N:otice of Violation of any Environmental, Safety, and Health statutes. iv. Any incident which causes a significant process or hazard control system failure. v. Any event which is anticipated to cause a significant schedule slippage or cost increase. vi. Any damage to Government-owned equipment in excess of $50,000. vii. Any other incident that has the potential for high visibility in the media. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of future payments, suspension or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this may also result in a debarment action to preClude future awards by the COUNTY and/or other Federal agencies if such noncompliance requires reporting to DOE. Additional ARM Reporting Requirements are found in the Provision below labeled: "REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT." D. PAYMENTS COUNTY shall reimburse the SUBRECIPIENT for the perl-ormance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the Grants Page 7 of28 Agenda Item No. 16E5 April 27, 2010 Page 12 of 34 Office pursuant to the submittal of monthly progress reports and invoices. Payments shall be made to the SUB RECIPIENT when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance' with ~ 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by the Grants Office. SUBRECPIENT is required to submit and maintain backup documentation for expenditures of funds under this Agreement. E. SUBCONTRACTS 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 County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to the COUNTY for its review and approval, which will specifically include a determination of compliance with the terms of this Agreement, the attached Scope of Work set forth in Exhibit A, an EPLS check, verification of contractor DUNS number, etc. None of the work or services covered by this Agreement shall be subcontracted by the SUB RECIPIENT or reimbursed by the COUNTY without this completed review. F. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that COUNTY representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the COUNTY or DOE, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. Any amendments that result from a Special Status Report that required submittal to DOE may also need DOE approval if DOE determined that an amendment to.the DOE Agreement is necessary. G. TRACKING, REPORTING AND SEGREGATION OF COSTS ARRA funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the ,ARRA Page 8 of 28 Agenda Item No. 16E5 April 27, 2010 Page 13 of 34 and related guidance. For projects funded by sources other than the ARRA, contractors must keep separate records for ARRA funds and to ensure those records comply with the requirements of the Act. 1. SUBRECIPIENT must segregate the obligations and expenditures related to funding under the ARRA. 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 ARRA shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for ARRA projects. 2. If SUBRECIPIENT is covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," it agrees to separately identify the expenditures for Federal awards under the ARRA on the Schedule of Expenditures of Federal Awards (SEF A) and the Data Collection Form (SF-SAC) required by OMB Circular A-l33. OMB Circular A-133 is available at http://www.whitehouse.gov/omb/circulars/al33/a133.htmI.This shall be accomplished by identifying expenditures for Federal awards made under the ARRA separately on the SEF A, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name ofthe Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC. H. ACCESS TO RECORDS DOE and/or the COUNTY are authorized: 1. To examine any records of the SUBRECIPIENT or SUBRECIPIENT'S vendors that pertain to, and involve transactions that relate to, this Agreement; and 2. To interview any officer or employee of the contractor, grantee, sub grantee, or agency regarding such transactions. 1. GRANTOR RECOGNITION The SUBRECIPIENT will include a reference to the financial support herein provided by DOE and COUNTY in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize COUNTY'S support for all activities made possible with funds made available under this Agreement. Any signage related to this requirement shall comply Page 9 of28 Agenda Item No. 16E5 April 27, 2010 Page 14 of 34 with applicable COUNTY codes. If any publications or materials, whether copyrighted or not are developed based on this project, an acknowledgment of DOE support and a disclaimer must appear as follows: Acknowledgment: "This material is based upon work supported by the Department of Energy under Award Number DE-EE0000783." Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, mariufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." , J.GRANT CLOSEOUT SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed, including closeout reporting as outlined in the Reporting Checklist, making final payments, disposing Qf program assets (including the return of all unused materials, equipment, unspent case advances, program income balances, and receivable accounts to the COUNTY and/or DOE) and any other closeout requirement of DOE. VII. General Conditions A. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. SUBRECIPIENT must comply with requirements regarding debarment and suspension in Subpart C of 2 CFR parts 180 and 901, which includes checking the Excluded Parties System List (EPLS) https://www.epls.gov/ and maintain documentation that demonstrates the EPLS was checked for each lower tier contract or other covered transaction. Page IOof28 Agenda Item No. 16E5 April 27, 2010 Page 15 of 34 B. LOBBYING SUBRECIPIENT must comply with the restrictions on lobbying in 31 U.S.C. 1352, as implemented by DOE at 10 CFR part 601, and submit all disclosures required by that statute and regulation. IfSUBRECIPIENT is a nonprofit organization described in section 501 (c)(4)of Title 26, United States Code (the Internal Revenue Code of 1968), you may not engage in lobbying activities as defined in the Lobbying Disclosure Act of 1995 (2 US.C., Ch~pter 26). If it is determined that you have engaged in lobbying activities, all payments will be ceased under this award for material failure to comply with the award terms and conditions. By accepting funds under this Agreement, you assure that you are ~ot an organization described in secti~n 501(c)(4) that has engaged in any lobbying activities described in the Lobbying Disclosure Act of 1995 (2 U.S.C. 1611). SUBRECIPIENT must comply with the prohibition in 18 V.S.C. 1913 on the use of Federal funds, absent express Congressional authorization, to pay directly or indirectly for any service, advertisement or other written matter, telephone communication, or other' device intended to influence at any time a Member of Congress or official of any government concerning any legislation, law, policy, appropriation, or ratification. C. WHISTLEBLOWERS SUBRECIPIENT and COUNTY agree to the requirements of Section 1553 of the American Recovery and Reinvestment Act related to prohibition on reprisals for whistleblowers and Section 112.3187, Florida Statutes. D. FALSE CLAIMS ACT SUBRECIPIENT and COUNTY shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, 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. E. PROHmITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Page 11 of28 Agenda Item No. 16E5 April 27, 2010 Page 16 of 34 F. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. G. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation, shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under ~ 44.102, Fla. Stat. H. INDEMNIFICA nON To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUB RECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. Page 12 of28 Agenda Item No. 16E5 April 27, 2010 Page 17 of 34 I. TERMINA nON In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all finished or unfmished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Agreement by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 1. TERMINA nON FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of a minimum of 30 days written notice, such termination to the other party and specifying therein the effective date of termination. 2. TERMINA nON FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon thirty (30) calendar days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the EECBa grant to the COUNTY is suspended or terminated by DOE, this Agreement shall be suspended or terminated effective on the date specified by DOE. J. INSURANCE AND LIABILITY OBLIGA TION SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "E" to this Agreement. Compliance with the insurance requirements in Exhibit E shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under Page 130[28 Agenda Item No. 16E5 April 27, 2010 Page 18 of 34 any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shaH be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. L. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shaU be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in 'writing to the COUNTY. M. PUBLIC ENTITY CRIMES As provided in S 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list , maintained by the State of Florida Department of Management Services within the 36 months iinmediately preceding the date hereof. This notice is required by 9 287.133 (3)(a), Fla. Stat. N. SEVERABILITY Should any provision ?f the Agreement be determined to be unenforceable or invalid, such a determination shaU not affect the validity or enforceability of any other section or part thereof. Page 14 of28 I AyemJd Ilt::llll r~U. H:lE5 April 27,2010 Page 19 of 34 IN By: , 4<~~ kwtt LCtUfe}-'. TypeIprint witness namo Approved as to form and legal sufficiency: r~~ ollccn M. Greene Assistant County Attomcy Page 15 of28 Agenda Item No. 16E5 April 27, 2010 Page 20 of 34 Exhibit A Scope of Work eECBa ActIVity Worksheet Grantee: Collier COUnty Date: 0&/24/20011 OUNS#: 76997790 PrcgramCon18ctEmall: marlenefoord.colliergov.net Program Contact First Name: , Marlene Last Name:,oord Project TlUe: Children 'e Museum of Naple. Energy Se,vinga anel tlenewable l!nergy Projecta Activity. u. Other If Other: Energy EUiciency Enhancementa Seeler: O~b.r If Other: .....ewn Proposed Number of Jobs Crl!l8l8d: 3.00 PI'Op088d Number of Jobs Ret$lnelt. 1.00 PropoMd Energy Saved end/or Renewable e".rgy GenOI1llltd: ",745 kWli/year, 265.000,000 BTll'/year Proposed aHa cmllS/ona Reduced (C02 Equlyalema): i, 601i . 000 PropOsedFuncI$ LeV8r!iged: $250,000.00 Propoa~ EECSa Budg&t 250.000.00 Projected Costs W1.lhIn Buctget:AdmlnIslraUon: ProjeclCon18ct Firat Name: Cox M8lr1c ActMty: Ren_bl. Ilnargy Marltet DweloplNJ1t Project Summary:. (lImit summaI)' to $plff:e provicled) Collier County w:!ll utilh:e it,s UCBG' forlllUla fUllltin9 to f\l1'ld a nUxture of lighti"'i and electrical improvements, mechanical improvements, renewable anergy and planning initiative.. $J.1U .00 Revolving Loaris: Laat Name: JOe Subgranl1l: $'250,000.00 EmalJ: jco_.oZ'll If Olher: Project Activity 7, ~ildren'a Museum of Naple. Thi. project involve. installation of four innovative technology solutions at the Children's Museum of Naplu (C'monl. whieb ia currentlY'W1der conatruction and will be the first LEBO cfn"tif1~d children's muaeue in tbe State of Florida. C'man is located at the N~h Collier Regional Park on land leaa.d trom COllier County under Atll-year lllu,.e. The 30,407af aus~ainable campus will be A full-scale environmentAl education/demOnstration site tor publio edl1cation, workforce training and 101111 be a technolo!:1Y and architocture showcas_ util1dng aneS demonetrating energy efficiency, watar Qonservation, indoor air quality, recycled local matarial_ and llul;tainable aspects such as g;reen roots, gru. parking, bike rac:lta and preferred parking for hybrid and energy efficient vehicles. Total coat for conatruction of the museum is $22,89~,000, most of which haa been, locally raised via a capital campaign supported by individual gifts, private foundationa, corporate support and at&te/local grants. '1'he total project cost fo.r the tou.%' projeetll speciUcally to be supported by this grant ls apprmtimately $500,000, helf of whiCh will be covered. by C'mon. The IIpeclUc projects eo b_ funded PROJECT NAMa Green Roof System Rainwater flarveating System. Solar Hot Water panels and PV panels Wind Turbines includel ITEM DESCRI P'l'ION 1161af liva roof system Ine~ude. 10,000g ci.eern 2 solaT panels.fi PV panels 5Kw turbine,' 500W turbines EECBG REQt.JSST $75.000 $50,000 $50,000 $75.000 2NERO}' SAVINGS 7, 4&4 kWb/yaar 180.000gal1on!yr SlO, 520, OOObtu/yr 175,200,OOObtu!yr Maoyot these technologies will be showcAeed for the tirst time in Collier County. The Green Root (using the Live Roof SyatemJ will be accessible for group tours. The Rainwater Harvesting Sys~em ' (Which will reduce total energy uee, improve energy effiCiency ~d reduce fossil fuel emissions by 29S1b CO2 annually. and ..ve over 180,000 gallons of water) ia It cutting edge system that takes advantage of our significani: rainfall. 't'he Bolsr panels will be visible trom inside and outside the building while the wind turbines are likely to become an iconic feature of the building . and A wonderful eduoational tool. The Children'. Museum of Naples' annual attendance is conserVAtively estimated to be 75,000 people. Each of these visitors will be intrOduced to,ehe Muse~m's energy efficiency and conaervation program through hands-on interactive exhibits and environmen~al educa~ion programs throughout the building and out 11'1 the community. Visitors will diacover how simple changee coupled with innovative technology catl prOduce si'gnificant environmental and economic benefita. Thie environmentally focused visitor experience will be an extremely ettec~ive venue for che delivery of public education as it relates eo energy efficiency, green ~echnologies and conservation programs. Ae a new facili~y, the energy Baving_ components and educational benefits to the community will yield continuous and long-term benefits tor Collier County. Tbe required matching funds have been secured. the project ia 'shovel ready' and can be completed within the required time frame. The cotal project coot 18 $250,000; Approximately $9,161 of the "administrative costs' are being allocated to thisprojece for a total EECBG request of $259.161. The full project cos~ amount of $250,000 will be subgranced to C'Mon via a subrecipient, agreement negotiateeS after award of che grant. . based on research by the Virginia Water Research Center at Virginia Tech (May 2009); 180,000 gallons water. l.45kWh per 1.000 gallons. 261kWh . 3441bll CO2 ' I( you '''" Propo&/ng more than OM IIetivity. SII....lhls fill liS many limes ItS needed with successive plJgtI numbllrs, For tlJ(amp!e: 'OH.C/TY.COIumQus. ProJact Activity />>98 1.pdf,' 'OH.CITY.cotumbu...Pro~ct Acllvity page 2,pdf.' and continuo as needod. Agenda Item No. 16E5 April 27, 2010 Page 21 of 34 Exhibit B MONTHLY PROGRESS REPORT Energy Efficiency and Conservation Block Grant DE-EE0000783/000 Complete form for past month and submit to Grants Office staff by the 2rf' of each month. Note: If reimbursement is also being requested at this time, a Request for Reimbursement form must accompany the Progress Report. The Progress Report must provide a concise narrative assessment of the status of work and include the following information and any other information identified under Special Instructions on the Federal Assistance Reporting Checklist. Some of the lnformation provided on this form will be used for DOE reporting and some of ARRA reporting. Report for Month of Year Submittal Date Subrecipient Name Contact Person Telephone Fax E-mail I. Goals and objectives. Compare actual accomplishments with the goals and objectives established for the period and reasons why the established goals were 'not met. 2. Accomplishments. A discussion of what was accomplished under these goals during this reporting period, including major activities, significant results, major findings or conclusions, key outcomes or other achievements. This section should not contain any proprietary data or other information not subject to pu~lic release. If such information is important to reporting progress, do not include the information, but include a note in the report advising the reader to contact the Grants Office for assistance from DOE. Page 17 of28 Agenda Item No. 16E5 April 27, 2010 Page 22 of 34 3. Cost Status. Show approved budget and actual costs incurred for each project (should match Reimbursement Requests and Invoices for time period). Project Name Grant Incurred Costs Incurred Costs Amount (current month) (total) Green Roof System $75,000 Rainwater Harvesting System $50,000 Solar Hot Water Panels and PV Panels $50,000 Wind Turbines $75,000 TOTAL $250,000 Explain anything further. 4. Schedule Status. List milestones, anticipated completion dates and actual completion dates. Ensure dates reflect those-identified in Activity Worksheet, Statement of Project Objectives and Agreement. 5. Changes. Discuss any changes in approach or aims and reasons for change. (Significant changes to the objectives and scope require prior approval by the Grants Office and may result in a required amendment to the Agreement or reporting to DOE as a Special Status Report.) 6. Problems or delays. Discuss actual or anticipated problems or delays and actions taken or planned to resolve them. 7. Key Personnel. Any absence or changes of key personnel or changes in consortium/teaming arrangement. Page 18 of28 Agenda Item No. 16E5 April 27, 2010 Page 23 of 34 8. Job Creation/Retention. Number of new positions created and any existing unfunded positions filled. Prime recipient, subrecipients, and vendors expressed as FTE's, calculated cumulatively as all hours workedlby the total number of hours in a full time schedule as defined by the recipient. This should be a summary based on the data from the job reporting template provided by the Grants Office. 9. Product description. A description of any product produced or technology transfer activities accomplished during this reporting period, such as: A. Publications (list journal name, volume, issue); conference papers; or other public releases of results. Attach or send copies of public releases to the DOE Project Officer identified in Block 11 of the Notice of Financial Assistance Award. B. Web site or other Internet sites that reflect the results of this project. C. Networks or collaborations fostered. D. Technologiesffechniques. E. InventionslPatent Applications F. Other products, such as data or databases, physical collections, audio or video, software or netware, models, educational aid or curricula, instruments or equipment. ' ' 10. Other information. Describe any other information identified under Special Instructions on the Federal Assistance Reporting Checklist New contracts executed this month (if applicable): Name ofVendor* DUNS Vendor HQ Expected Product and Amount of Number Zip Code (+4) Service Description Contract , * All vendors require prior COUNTY approval. Page 19 of28 Agenda Item No. 16E5 April 27, 2010 Page 24 of 34 Exhibit C REQUEST FORREUMBURSEMENT COLLIER COUNTY GRANTS OFFICE Energy Efficiency and Conservation Block Grant DE-EE0000783/000 . SECTION I: REQUEST FOR PAYMENT Subrecipi~nt Name: Subrecipient Address: Payment Request #: Dollar Amount Requested for this Payment: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $250,000 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ $ $ 5. Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount A warded Less Sum of all requests) $ I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and the SUBRECIPIENT. Signature Date Title Collier County Assistant Grant Coordinator: Collier County Grant Coordinator: Page 20 of28 Agenda Item No. 16E5 April 27, 2010 Page 25 of 34 DOE P_.Z t:........ No ~ u.s. Department of Enargy FEDERAL ASSISTANCE REPORTING CHECKUST AND tNSTRUCTlONS 1. IdeAlificalion Number: . DE-I!E-OciOo7I3. 000 1 P,opwlWPmjtel Till.: COllier Counly I!MI'IY. C-.wlioA P....... DE.I!I!OOD07'lo'OOO AlI_ n 3. Rcclpjcnt I'L.(X)UNTY -COLLII!R c. R.epGrtin& Roquircmclllr. '" MANAGEMENl: REPORTING 1m I'roiNn R.epart o SPociIJ Slarusltcpon B. SClENTfFICfn:CHNICAL REPORTING (RoJlOlfWPmducIl_ be IIIbmlnllll willi IJIIlIVpfl" DOll P 2C I. Tho 24 I rom.. ....awilaWe., WWWMl! .BV/td~l\ . FF*JUIIlq' . d CopIes Addr-., Q.A EeClIGOlIo.doe.1IO'I It~' [] FlnalSoionll/lcflcchAical R.epllll o ConlCnnce pllpertl~n..~ [J bftwartlMan...I . o CIlia' (_lpecl&l __1011I) . · S/:ift1tJk tmd IIchnIctlI C'Otlit- ""V ,c. PlNA"'ClALREPORnNG 1m SF04is. PiBa...lal SIIllI. Ropon ,,- DOI!HnJ DOl! , 24 J.J DOe"2~1.4 DOE'241J Q EECBOOgo.cIoellO't D. CLOSEOVT REI'ORnNO o PaICIII Cortili~ian ' ,0 ProJlll1>' Ccnlllellloa [] Other Eo OTHER REPORTING [] AMualln4i/eCl C... Proposal [] Arinllllln\'enlilry offodcraily Owned PrDpC\1)'. irony Imou. A slie Special lnatructlonl Below FrmQUI!NC'Y CODES AND DUE OA Tl!S: ^. Within S calmdlr day. .Ile, ...eitts or I' necdot F . 'hlel; 90 ..I.....,: diYI Iller ilxplnllion or llonnhuorion 01 the lword. y. Vo,,,ly; 90 dayuftcr i.. end of ihe I1Iponhli period. S. ScmIl......IIy; wkhi~ 30 day. oller ond otlllpCinla. period. Q" Qtaancrly; lrilhill 30 cIoYI Iller ond of lit. ..,nlnl period. 5. SpooiollnalruCliolll:, NOTE: The ~n& ilsquiromOlllllhewn en ibis chocklill ore 10 be utod iD lhe interim ond wUl be revised wh..lh.EEC8G reportil., I)'aom isl\naliZ'!d. Tbl. eboelcitSI will be I'IlplIlCOd 1',1hst U_ wklll modllle.rlll/lIO th. lwold. Oilier Reportllll= AMERICAN RECOVERY AND REINVBSTMIlNT I\CT ItEl'QRTINO: See lite Special Tmns.nd COJIdltlona for ~""'Y AC"cpon",. roquil1lm_1, .....,. 'wilh lho Ibllowlns web .ilO: IIftD:JIwWw rod"",,,,,,,,,lnl ""'(. 'The """,ired repo/tl are duo no 101.. lhoft I.... colmd.r daya II\c( ..ab ca'endar quner in whicb Ih. recipient .....lvos 111. uainonco o_d filaded in !Whola or in pan by th. RacovO')' Act. Rcclpjc.', ",. inslNclod 10 ... intain dill in anler lorepclt .......,.ovely ....Innl.. wilh.n ..llml.ed Octo..... 10.2009 nponln. daadUoo. ' Page 21 of28 Agenda Item No. 16E5 April 27,2010 Page 26 of 34 Fed~ral Assistance 'Reportlng Instructions (5/06) , . , '. , A. MANAGeMENT REPORTING Progress Report . The Progress 'Report must provide a concise narrative assessment of the status of work a include the fo"owingi,nt~mu~tion and any ,other Information' identified un.der Special ' Instructlo~s on the Federal Assistanee Reporting Ch~c~is*:, 1. The DOE award number and naine tif the reoipient. ". ',' ." ..' . . 2. The pr~ject title and name of, the project dire~or/princlpallnvestigator. 3. Date of report and period covered by the report.' 4. A comparison of the actual accomplishments With the goals and objectives e'stablistled , the period and reasons why the establish~ go~/s were not met. . '. . 5. A discussion at what w~s aCcOmprished under t~ese goalsdurinQ this reporting period, incll!ding major activities, significant results",major findings or conclusions, key outcoml or other achievements., This ~ection shou,ld not Contain any'prc:iprietary data or other information not subject to public release. If such information is important to reporting progress. do not'incl~d~ the Information, butinclude a note Inth,e report advising the ' reader to contact the Principa/lnvestlgatoror the Project Director for further informatior " , J' 6. Cost Status. Show approved bu.dget by budget period a~ actual costs incurred. If cos ' ,sharing is required break out by DOe share, recipient share, and total costs. 7. Schedule Status. List milestones. anticipated completion dates and actual completion dates. If you submitted a project man,agement plan with your appll~tion, you must use this plan to report schedule and budget variance. You may use your own project ' , management system to provide thIs information., ' , 8. ' Any changes in approach or aims and reasons for change. Remember significant chan~ 'to the objectlv~s and scope require prior approval by the contracting offiCer. .9~ Actual or anticipated problems or delays and actions taken or planned to resolve them. 10, Any a,bsence or changes of key personnel or chari~es in consortium/teaming arrangeme 11. A description of any product produced or technology transfer activities accomplished ' during this reporting period,such as: ' 'A. Publications (list Journal name, volume, issue); conference papers; or other public. ' releases of.results. Atta~h or send copjes of public releases to the DOE Project Offic identified In Block 11 of the Noti~ of Financial Assistance Award. ' B. Web site or c?ther Internet sites that reflect the results of this project. Page 22 of28 Agenda Item No. 16E5 April 27, 2010 Page 27 of 34 c: Network,. or collaborations fostered. D. T~nologleslTechriiques. E. Inventionsjpatent AppB~ioj,s ,F. other products, suci:t as data or databases,' phYliical eo~ections, audio or video, software or netware, model~, educational aid or curricula, instruments or equipment. .. Special Statu. .Report The recipient must report the follOWing events bye-mall as soon as possible or they occur: ' 1. Developments that hlilve, a significant favorable impact on,~ project , 2. Problems, delays, or advers, cond~lon8 which materially Impair the recipient's ability to ' ,m8E!t,tho.obJ&ctlves ofth$,awlird or which may require DOE to reSpC?1id to questions relating to such ~vents from the pUblic The recipient must, report any of the following Inc;ld~nts liInd Incltidettle anticipated Impact and remedial action to be taken to cortector ,resolve the problem/condition: a. Any single fataritY or InjUries r8quiring hospitalization of five or more individuals; b. Any significant envlronmentai permit violation. c. Any ve,rtial or written Noti~ of VIolation of any Environmental, Safety, and Health statutes. ' d. Any incident which causes a significant process at hazard control system failure. , , e. Any event whic;:h is anticipated to cause a significant schedule slippage or cost. increase. . , f. Any damage to,Govemment-owned equipment In excess of $50,000. g. Any other lrteident that has the Potential for high visibility in the media. B., SCIENTJFJCrreCHNICAL REPORTS Final SclentlficITechlilcal Report COrite"t.. The final scientjflcltechni~1 report mllst include u,e following information and any' oth~r Information Iden\ified under SpecilJllnstructlonson the Federal Assistance Reporting ~~ ',' " 1. Identify the DOE award number; name of reclplel'!t; project title; name of project director/principallnvestigatolj l;!nd consQrtiumlteamlng memberS. ' Page 23 of28 Agenda Item No. 16E5 April 27, 2010 Page 28 of 34 2, Display prominently on the cov~r of the report any authorized distribution IimltatJcln notices, such ~s patentable material or protected datlL Reports deUvered without such notices may' be de~med to have been furnished With unlirillted rights, and the Govemment assumes no liability for the disclosure, use or /,!!productlon 'of such reports. 3. Provide an executive summary, which includes a discussion of1) how the research adds to the understanding of the area,lnvestlgated; 2) the technical effectiveness and economic feasibinty of the inethods or techniques Investigated or demonstrated; or 3) how,the project is otherwise of benefit ,to the public. The discussion should be a minimum of one paragraph and written In terms understandable by an ~~ted la)'man. ' ' . . . I . . 4. Provid~ a comparison o,f the actual accomplishmentS wlttl the goals' and objecilves of the project. ,;" ' ' , .. . 5. Summarize project actMties forthe entire periOd of funding, including original hypotheses; , approaches used; problems enco",ntered and departure from planned methodology, and an a~essment of their Impact on' the proJect'results. Include, If appllceble, facts, figures. analyses; and assumptions used during the life of the pro~ to support the conclusions. .' . . .,.. 6. Identify prOducts developed under, the award, and technolOgy transfer activities, such as: a. Publications (list journal name, volume, Issue), conferen~ papers, or other piJblic releases of re~Its:' If not pro'lldect pnwiously; attach or send copies of any public r$leases to the DOE Project Officer identified in Block 11 of the Notice of Financial Assistance Award; ," b. Web site or other Intemet sites that reflect the re.sults of this project; c. Networks or collaborations fostered; d. TechnologleslTechhiques; e. InventionsIPatent Applications, licensing agreements; and f. Other products, such as dati!l or databases, physical eollectlons, audio or video, softwSre or netware, models, educational aid or curricula, .Instruments or equipment. 7~ For projects Invblv'lng computer modeling,' provide the fOllowing inform~t1on with the final report: a. Model description, key assumptions, version, source and Intended use: b. Performance criteria for the model related to the Intended use; c. Test results to demonstrate the model performance criteria were met (e.g., code verificatiorilvalldatlon. sensitivity analyses, history matching with lab or field data, 8S appropriate); d. Theory behind the model, ~j(pressed In non-mathematical terms; e. Mathematics to be used, including formulas and calCulation methods; Page 24 of28 Agenda Item No. 16E5 April 27, 2010 Page 29 of 34 f. Whether or not the theory and, mathematical algorithms were peer reviewed, and, if so, includes summa~, of theoretical strengths a'nd weaknesses; g. Hardwsie requiremeni~; and , " , ' , h.' Documel'ltation (e'.9., users guide, model code). " Electronic Submlsslon,'The' final sclentlflcltechnlcal report must be submitted electronlcaRy-via the DOE Energy Link System (E-L1nk) accessed at htti>:/Iwww.ostl.aov/eUnk-2413. , Electronic Forina~. Reports must ~ ~ubmltted in t/:1e ADOBE PORTA!3LEDOCI,JMENT FORMAT (PDF) and be one Integrated PDF file thai contains an text, tables, diagrams, ptlotographs, schematic, graphs, and charts. Materials"such"8s prints,'videos, and books. that are essential to the report but cannot be submitted eleCtronically, should be sent to the' ' Contracting Officer at the address listed In Block 12 of the Notice, of Financial Assistance Award. " ' " " , S~binlttal Forni. ,TI1e rePort r:nust be accompanied by a campletedelectronlc version of,DbE Form241.~, .U.S. Department of ~ergy (DOE)"AnnouhcenieT)t of Scientific and Technical Information (Srt).' You can complete, upload, and submit the DOE F.241~3 online via E-Link. You are encouraged 'not to submit patentable matenal or prote~ data In these reports, but If there Is sU,ch material 'or data In the report, you must: (1) clearly ld~ntify patentable or protecteddatai on each page of the. report; (2) identify such' material on the cover of the report; , and (3) mark the appropriate block IIi Section 1<' of the DOE F 241.3. Reports must Iiot contain any limited. rights data (proprietary data), cllisslfiedlnformation, i!lf~l'IT!atlon subject to ,exPort control classificatIon, or other InfOrmation not subject to release.. Protected data is specific technical data~ first produced in the perfolinance oOha award that [s protected from public "release for a period of time by the terms of the award agreement. Conference PaptralProceedlngs Content The recipient must s,ubmit a copY,of I3ny conference papers/proceel;lings; witt! the folloWing information; (1) Name of conference; (2) Location of conference; (3) Date of conference; and (4) Conference sponsor. ' Electronic Submission. Scientific/teChnical conference paper/proceedings must be submitted electronically-via the DOE Energy Link System (E;-L1nk) at htto:/Iwww.ostl.aoil/efink-2413. Non-scientific/technical conference papers/proceedings must be senllo the URL listed on the Reporting Checklist. Electronic Format. Conference papers/proceedings must be submitted in the ADOBE : ' PORTABLE DOCUMENT FORMAT (PDF) , and be one Integrated PDF file that contaIns all , ,,' text, tables, diagrams, photographs, schematic, graphs, and charts. If the pro<:eedings cannot be submitted electronically. they should be sent to the DOE Administrator at the address listed In Block 12 of the Notice of Financia,l AssistanCe Award. ' Submittal Form. Sclentiflcltechnical conference papers/proceedings muSt be accompanied by a completed DOE Form 241.3. The form and Instructions are available on E-Unk at hUp:f/www;ostl.Qov/elink-2413'. This form is not required for non-scientific or non-technical conference papers or proceedings, ' ' Page 25 of28 Agenda Item No. 16E5 April 27, 2010 Page 30 of 34 SoftwarelManuaI (;ontenl Unless otherWise specifi~ In the swai'd, the followlnQ must be delivered: source ' , code, the execUtable object code and the ~Inlmum support documentation needed by a competent uSl!tr to understand and use the sQftware and to be able to modify the software in. subsequent development ef!orts. '. Electronic Submission. ,Submissions may be submitted electronically-via the DOE EJ'Mtrgy Link , System(E-Link) at httD:/Iwww.ostl.aov/estscl241-4Dre.isD. They may also be submitted via reQular mall to: ' " ' Energy ~c.lence and Tec;tlnolo9Y Software Center , P;O. Box 1020 ' " Oak Ridge, TN '37831 SubmlJtaI Form.. Each' software deliverable IUld itl! manual must be accompanied by a completed DOE Form 241.4 "Announcement of U.S.,l;>epBrtment of Energy Computer Software. ~, The form and Instructions ate evaUable on E-Link at httD:/Iwww.QStl.aovlestscl241- 4Dre.lsD. ' , C. FINANCIAL: REPORTING , , ' Recipients must eompt&te the-flrianclal reports identified on the Repo~g Checklist in accordance wttn the report Instl'uellons. These ~tandard forma are avaDabte at httD:/Iwww.whltehouse.aov/omblarantslindex.html..Flllable forms are available at httD:liara~ts;or.dOe.aoy.;' .. ' , ' D. CLOSEOUT REPORTS Final Invention and Patent Report: The recipient must provld~ a DOE Form 2050.11, .PATENT CERTlFICATlON.~ this form is available at httD:/Iwww.directlves.doe.oDv/oclf;llformsf2050-11.odf and httD:/Imanaaement.enerav.aovlbusines8 ,doelbusines8' fotms.htm PropertyCertlficaUon The recipient must provld~ the Property CertificatIon, including the required Inventories of non. ' exempt property,located at htto:llmahaaement.enerov.aovibusiness doelbusiness forms.htm E. OTHER REPORTING Annual Indirect Cost Proposal and Reconclilatlon Reoulrement. In ~ccordance with the appliCable cost principles. the recip~nt must submit an annual Indirect cost proposal, reconciled to Its financial statements, within six months after the cl9se of the fiscal.year, unles$ the,awarci is based o!" a predetermined or fixed indirect rate(s), , o~ a fixed amount for indirect or facilities and administration (F&A) cOsts. Page 26 of28 Agenda Item No. 16E5 April 27, 2010 Page 31 of 34 Coanlzant Aaencv. Thlt reciplttnt must $ubmlt its annual indirect cost proposal directly to the cognizant agency fO,r negoti!ltlng and approving Indirect costs; If the DOE awarding office Is the cognizant agency, submit the a'nnuallndirect cost proposal to the DOE Award Administrator identified in BIl)ck 12 of the Notice of Financial Assl~tance Award. ' Al'tnuallnventory of Federally OWned Property . Reaulrement If,at any time during the award the recipient is provided Govemment-fumished property or acquires propertY wIth,project funds and the 'award speClfie!i that the property vests ' in the Federal Government O.e. federany owned propertY), the recipient must submit an annual inventory of this property to the DOe Award Administrator identified In Block 12 of the Notice of Flnariclal Assistance AWard nQ I8ter than October 301ll of each calendar year, to Cover al1 annual reporting period ending on the preceding September 3011I, ' Content of inventory. The Inventory must Include a description of the property , tag riumber. acquisition date,locatlon of PrOp~rty, and aCquisition cost, ~ purchased with project funds. ' The report must list alHed~rally, owned property, Ineludlng property located at subcontractor'$ facllltlesor othel'lociItlons. ' Page 27 of28 Agenda Item No. 16E5 April 27, 2010 Page 32 of 34 Co. County ~ EXHIBIT E COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS (Check) X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and ReQuirements X Employer's Liabilitv X $500,000 $1,000,000 , x Commercial General X $500,000 per occurrence $1,000,000 per occurrence Liability (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO form with no limiting endorsements. Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and propertY damaQe damaQe Hanaarkeepers Liability $500,000 per aircraft $1 000 000 per aircraft Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage damage Business Automobile $500,000 per occurrence $1,000,000 per occurrence Insurance bodily injury and property bodily injury and property damage damaae Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence, bodily injury and property bodily injury and property damaae damage Builders Risk Insurance OWNER Mav Purchase-Replacement Cost- All Risks of Loss INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain' to any incident arising from the sole negligence of Collier County. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE-The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acceotable. Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and/or Airport Liability where reQuired. Page 28 of28 Agenda Item No. 16E5 April 27, 2010 Page 33 of 34 A CORDm CERTIFICATE OF LIABILITY INSURANCE PRODUCER Phone: 239-262-7171 Lutgert Insurance - Naples PO Box 112500 Naples FL 34108 Fax: 239-262-5360 DATE (MMlDDNYYY) 10 29 2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED Children's Museum of Naples PO Box 2423 Naples FL 34106 INSURER A: F INSURER B: SOU INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THB INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. INOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIPlCATB MAY' BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~ ~~~ POLIcY NUMBER POLICY EFFECTIVE PDLICYEXPIRATION UMITS B ~NERAL UABILITY 0823122071418809 11/1/2009 11/1/2010 EACH OCCURRENCE $ 1 000 000 X- COlI.4MERCIAL GENERAL'UABILlTY PREMISES lEa oocuranoa I $300 000 _ ~ CLAIMS MADE Ii] OCCUR MEO EXP (Any one ponon) $10 000 PERSONAL &ADV INJURY $1 000000 GENERAL AGGREGATE $2.000 000 n'LAGG~n LIMIT APnPER: PRODlX:TS - COMPIOP AOO $2 000 000 POLlCY ~JWr LOC B ~TOMOBlLE UABlUTY 0823122071418809 11/1/2009 11/1/2010 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea aocIdent) I-- '-- ALL OWNED AUTOS BOOILYINJURY $ SCHEDULED AUTOS (Per person) I-- ]L HIRED AUTOS BODILY INJURY $ ~ NDN.oWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per eccident) ~GE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ 5ESSJUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 59657 4/3/2009 4/3/2010 I T~~~T~J~ Ix IOJ~ I HiahE!r l,i mi 1"', EMPLOYERS' LIABILITY $ 500 ANY PROPRlETORIPARTNERJEXECUTIVE E.L. EACH ACCIDENT 000 OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500 000 II yes, describe under $ 500 000 SPECIAL PROVISIONS below E.L DISEASE - POUCY UMIT OTHER DESCRIPTION OF OPERATIONS' LOCATIONS [VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS pffice non-profit Regarding Contract 10-5374-ARRA Grant to Children's Museum of Naples. Collier County is additional insured with regard o commercial General Liability. CERTIFICATE HOLDER Collier County Board of County 3301 East Tamiami Trail Naples FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED " BEFORE THE EXPIRATION DATE THEREOP, THE ISSUING INSURER Comm~ss~oners WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFI', BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV ACORD 25 (2001/08) I Agenda Item No. 16E5 April 27, 2010 Page 34 of 34 IMPORTANT If the certificate holder is an ADDITIONAl INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constiMe a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001fOB)