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Agenda 10/27/2009 Item #16E 5Agenda Item No. 16E5 October 27, 2009 Page 1 of 31 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a Subrecipient Agreement with the Children's Museum of Naples providing 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. OBJECTIVE: To provide EECBG funding to the Children's Museum of Naples to support Collier County's Energy Efficiency and Conservation Strategy. 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. On June 9, 2009 the Board of County Commissioners approved the submittal of a grant application to DOE to fund 18 projects. These projects represent a mixture of lighting and electrical improvements, mechanical improvements, renewable energy and planning initiatives. The EECBG was awarded to Collier County by the Department of Energy on August 31, 2009 and accepted by the Board of County Commissioners on September 29, 2009. The EECBG allows a portion of the grant for subgrants to nongovernmental organizations for purposes of assisting in the implementation of the energy efficiency and conservation strategy. The Children's Museum of Naples will implement four (4) Energy Savings and Renewable Energy Projects at the facility under construction at 15080 Livingston Road that will be located on property within the North Collier Regional Park. The projects selected by the Children's Museum and approved by DOE are: Project Name Description DOE/EECBG Approved Funding Green Roof System 1161 sf live roofs stem $75,000 Rainwater Harvesting System Includes 10,000 gallon cistern $50,000 Solar Hot Water Panels and PV Panels 2 solar panels, 6 pv panels $50,000 Wind Turbines 5Kw turbine, 4 500w turbines $75,0 While the funding is approved by DOE, there are several issues related to the National Environmental Protection Act (NEPA) that require clearance before funding can be expended by the Children's Museum, as addressed in the Subrecipient Agreement. The Grants Office is working closely with the Children's Museum to seek this clearance and once provided by DOE, will present an amendment to the Subrecipient Agreement for approval. Agenda Item No. 16E5 October 27, 2009 Page 2 of 31 FISCAL IMPACT: Approval of this agreement will provide a subgrant in the amount of $250,000 to the Children's Museum of Naples from EECBG funds for implementation of energy savings projects. No general funds are being used for this project. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan, however if accepted, the associated projects will support the County's Strategic 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 approves and authorizes the Chairman to sign a Subrecipient Agreement with the Children's Museum of Naples providing 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.. PREPARED BY: Marlene Foord, Grant Coordinator u COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Page 1 of 1 Agenda Item No. 16E5 October 27, 2009 Page 3 of 31 Item Number: 16E5 Item Summary: Recommendation that the Board of County Commissioners approves and authorizes the Purchasing Agent Chairman to sign a Subrecipient Agreement with the Childrens Museum of Naples providing Administrative Services American Recovery and Reinvestment Act (ARRA) Energy Efficiency and Conservation 10/14/2009 8:43 AM Block Grant (EECBG) funding in the amount of $250,000 for energy savings and renewable County Manager's Office energy projects. Meeting Date: 10/27/2009 9:00:00 AM Approved By County Attorney Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 10/13/2009 5:02 PM Approved By OMB Coordinator Lyn Wood Purchasing Agent Date Administrative Services Purchasing 10/14/2009 8:43 AM Approved By County Manager's Office Office of Management & Budget 10/15/2009 3:19 PM Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 1 0/1 412009 1:57 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 10/14/2009 5:15 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 10/1512009 9:06 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10/1512009 11:06 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/15/2009 3:19 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 10/1512009 4:15 PM file: / /C: \AgendaTest \Export\137- October 27,2009\1 6. CONSENT AGENDA \16E. ADMI... 10/21/2009 Agenda Item No. 16E5 October 27, 2009 Page 4 of 31 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 4 81.128 THIS 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, a private not - for - profit corporation existing under the laws of the State of Florida, having its principal 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, grant 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 of the Energy Independence and Security Act (EISA) of 2007; 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 SUBRECPIENT to implement the projects defined in Exhibit A of this Agreement and has determined that these infrastructure projects are a valid and worthwhile County purpose and an appropriate use of taxpayer dollars. Page 1 of 28 I Agenda Item No. 16E5 October 27, 2009 Page 5 of 31 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 SUBRECIPIENT 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 Agreement The SUBRECIPIENT shall implement this Agreement in accordance with: A. The American Recovery and Reinvestment Act of 2009 (ARRA), 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:// manaLenient.energy.gov/business doe /1374.htm G. DOE Program Regulations, if applicable, H. DOE Assistance Regulations, 10 CFR Part 600 at http: / /ecfr.gpoaccess.gov, I. Grant application as submitted by Collier County and DOE Agreement as approved by DOE (available by request). III. Resolution of Conflicting 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 Award Administrator for guidance. Page 2 of 28 Agenda Item No. 16E5 October 27, 2009 Page 6of31 IV. Time of Performance The effective date of this Agreement shall be the final 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 (NEPA) determination from DOE regarding those activities. Once DOE makes a final NEPA 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, such 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 of 28 I Agenda Item No. 16E5 October 27, 2009 Page 7 of 31 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 SUBRECIPIENT 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 expended, 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, SUBRECIPIENT 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 entitled "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 October 27, 2009 Page 8 of 31 VI. Administrative Requirements 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 -110)] and the 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 -133 apply, or when the SUBRECIPIENT elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have 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 and properly reflect all revenues and expenditures of funds provided directly or indirectly by the COUNTY pursuant to the terms of this 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 I Agenda Item No. 16E5 October 27, 2009 Page 9 of 31 rates, and administrative cross referencing. SUBRECIPIENT shall 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 financial 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 littp : / /w- ww.federalreportinL,.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 October 27, 2009 Page 10 of 31 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 Notice 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 ARRA 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 performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the Grants Page 7 of 28 Agenda Item No. 16E5 October 27, 2009 Page 11 of 31 Office pursuant to the submittal of monthly progress reports and invoices. Payments shall be made to the SUBRECIPIENT 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 SUBRECIPIENT 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 October 27, 2009 Page 12 of 31 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 (SEFA) and the Data Collection Form (SF —SAC) required by OMB Circular A -133. OMB Circular A -133 is available at http:// w, vw. whitehouse. gov /omb /circularsial33 /al33.html. This shall be accomplished by identifying expenditures for Federal awards made under the ARRA separately on the SEFA, 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 of the 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, subgrantee, or agency regarding such transactions. I. 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 of 28 I Agenda Item No. 16E5 October 27, 2009 Page 13 of 31 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, manufacturer, 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 of 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 10 of 28 Agenda Item No. 16E5 October 27, 2009 Page 14 of 31 I to] 0.3:3ii1►�s7 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. If SUBRECIPIENT 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 U.S.C., Chapter 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 not an organization described in section 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 U.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. PROHIBITION 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 111, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. Page 11 of 28 Agenda Item No. 16E5 October 27, 2009 Page 15 of 31 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. INDEMNIFICATION 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 SUBRECIPIENT 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 of 28 Agenda Item No. 16E5 October 27, 2009 Page 16 of 31 I. TERMINATION In event of termination for any of the reasons identified in sub - sections 1 -3 as follows, all finished or unfinished 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. TERMINATION 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. TERMINATION 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 (3 0) 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 EECBG 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 OBLIGATION 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 `B" 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 13 of 28 Agenda Item No. 16E5 October 27, 2009 Page 17 of 31 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 shall 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 shall 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 § 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 immediately preceding the date hereof. This notice is required by § 287.133 (3)(a), Fla. Stat. N. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Page 14 of 28 Agenda Item No. 16E5 October 27, 2009 Page 18 of 31 IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 27a` day of October, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Dated: (SEAL) First Witness Type /print witness name Second Witness Type /print witness name Page 15 of 28 DONNA FIALA, CHAIRMAN Children's Museum of Naples IIn Subrecipient Signature Type /print Subrecipient name and title Approved as to form and legal sufficiency: to-11cen M. Greene Assistant County Attorney Agenda Item No. 16E5 October 27, 2009 Page 19 of 31 Exhibit A Scope of Work EECBG Activity Worksheet Grantee: Collier County date: 06/24/2009 DUNS #: 76997790 Program Contact Email: marlenefoordecolliergov.net Program Contact First Name- Marl she Last Name: Foord Project Title: Children's Museum of Naples Energy Savings and Renewable Energy Projects Activity'. 14. other If Other: Energy Efficiency Enhancements Sector: other If Other, museum Proposed Number of Jobs Created: 3.00 Proposed Number of Jobs Retained: 1 . 00 Proposed Energy Saved and /or Renewable Energy Generated: 7,745 kWh /year, 265, DDD, 000 BTU /year Proposed GHG Emissions Reduced (CO2 Equivalents): Proposed Funds Leveraged: $250,000.00 Proposed EECBG Budget. 250, 000. 00 1,606,000 Projected Costs Within Budget: Administration: $9, 161. oo Revolving Loans: Project Contact First Name: cox Metric Activity: Renewable Energy Market Development Project Summary: (limit summary to space provided) Last Name: Joe If Other: Subgrants: $250,000.00 Email j coxwcmon , ar9 Collier County will utilize its EECBG formula funding to fund a mixture of lighting and electrical improvements, mechanical improvements, renewable energy and planning initiatives. Project Activity 7: Children's Museum of Naples This project involves installation of four innovative technology solutions at the Children's Museum of Naples ( C'mon), which is currently under construction and will be the first LEED certified children's museum in the State of Florida. C'mon is located at the North Collier Regional Park on land leased from Collier County under a 90 -year lease. The 30,407sf sustainable campus will be a full -scale environmental education /demonstration site for public education, workforce training and will be a technology and architecture showcase utilizing and demonstrating energy efficiency, water conservation, indoor air quality, recycled local materials and sustainable aspects such as green roofs, grass parking, bike racks and preferred parking for hybrid and energy efficient vehicles. Total cost for construction of the museum is $22,895,000, most of which has been locally raised via a capital campaign supported by individual gifts, private foundations, corporate support and state /local grants. The total project cost for the four projects specifically to be supported by this grant is approximately $500,000, half of which will be covered by C'mon. The specific projects to be funded include: PROJECT NAME ITEM DESCRIPTION EECBG REQUEST ENERGY SAVINGS Green Roof System 1161sf live roof system $75,000 7,484 kWh/year Rainwater Harvesting System- Includes 10,00Dg cistern $50,000 18D,0009allon;yr Solar Hot Water Panels and PV panels 2 solar panels,6 PV panels 550,000 90,520,000b *,u /yr Wind Turbines 5Kw turbine,4 50OW turbines $75,000 175,200,000btu/yr Many of these technologies will be showcased for the first time in Collier County. The Green Roof fusing the Live Roof System) will be accessible for group tours. The Rainwater Harvesting System (which will reduce total energy use, improve energy efficiency and reduce fossil fuel emissions by 2951b CO2 annually- arid save over 180,000 gallons of water) is a cutting edge system that takes advantage of our significant rainfall. The solar panels will be visible from inside and outside the building while the wind turbines are likely to become an iconic feature of the building - and a wonderful educational tool. The Children's Museum of Naples' annual attendance is conservatively estimated to be 75,000 people, Each of these visitors will be introduced to the Museum's energy efficiency and conservation program through hands -on interactive exhibits and environmental education programs throughout the building and out in the community, Visitors will discover how simple changes coupled with innovative technology can produce significant environmental and economic benefits. This environmentally focused visitor experience will be an extremely effective venue for the delivery of public education as it relates to energy efficiency, green technologies and conservation proyram.s As a new facility, the energy savings components and educational benefits to the community will yield continuous and long -term benefits for Collier County. The required matching funds have been secured, the project is 'shovel ready' and can be completed within the required time frame. The total project cost is $250,000. Approximately $9,161 of the "administrative costs" are being allocated to this project for a total EECBG request of $259,161. The full project cost amount of $250,000 will be subgranted to C'mon via a subrecipierlt agreement negotiated after award of the grant * based on research by the Virginia Water Research Center at Virginia Tech IMay 2009); 180,000 gallons water o 1.45kWh per 1,000 gallons . 261kWh • 344lbs CO2 ff you are proposing more than one activity, save this %rte as many times as needed with successive page numbers Far example: 'OH- CITY- Coivmous- Pro/eet Activity page f pdt,' "OH-CITY-Columbus-Project Activity page 2 pdf, "and continue as needed. Agenda Item No. 16E5 October 27, 2009 Page 20 of 31 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 2e 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 information provided on this form will be used for DOE reporting and some of ARRA reporting. Report for Month of Subrecipient Name _ Contact Person Telephone E -mail Year Submittal Date Fax 1. 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 public 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 of 28 Agenda Item No. 16E5 October 27, 2009 Page 21 of 31 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 Amount Incurred Costs (current month) Incurred Costs (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 of 28 Agenda Item No. 16115 October 27, 2009 Page 22 of 31 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 worked/by 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. Technologies /Techniques. E. Inventions /Patent 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 of Vendor* DUD'S Number Vendor HQ Zip Code ( +4) Expected Product and Service Description Amount of Contract *All vendors require prior COUNTY approval. Page 19 of 28 Agenda Item No. 16E5 October 27, 2009 Page 23 of 31 Exhibit C REQUEST FOR REIMBURSEMENT COLLIER COUNTY GRANTS OFFICE Energy Efficiency and Conservation Block Grant DE- EE0000783/000 SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Payment Request #: Dollar Amount Requested for this Payment: SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 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 Awarded Less Sum of all requests) $ $250,000 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 of 28 DOE F 40M 2 f5m) All Oran Eatiaru At. Obsolat. 1, Identification Number: DE -EE- 0000783,000 3. Reeipien, FL- COUNTY - COLLIER i rA. eporting Requirements: MANAGEMEN T REPORTING Progress Report pecial Status Report U.S. Department of Energy FEDERAL ASSISTANCE REPORTING CHECKLIST AND INSTRUCTIONS B. SCIENTIFIC/TECHNICALREPORTING (Reports/Products must be submiued with appropriate DOFF 241. The 241 forms are available at www osti aoy /elink ) Report/Pruduct Form ❑ Final SctemiftaTechnical Report DOE F 241.3 ❑ Conference popers/proceedings• DOE F 241.3 0 Suftware /Manual DOE F 24 L4 ❑ Other (see special instructions) DOE F 241.3 . Scienl(jrr and technical coq /ercnces only C. FINANCIAL REPORTING ® SF425, Financial Status Report D. CLOSEOUT REPORTING ❑ Patent Certification ❑ PropenyCertificalion ❑ Other E. OTHER REPORTING ❑ Annual Indirect Cost Proposal ❑ Annual Inventory of Federally Owned Property, irony i8 Other Collier County Energy Conservation Program A Q. A 0 Agenda Item No. 16E5 October 27, 2009 Page 24 of 31 DREE00W783 /000 Anachmeor 42 EECBG®9o.a" 9ov EEC8GCi9o.aoo 9Dv See Special Instructions Below FREQUENCY CODES AND DUE DATES: Lcalendar days after events or as needed. calendar days alter expiration or termination of the award. days after the end of the reporting period. ally; within 30 days after end ofrcporitng period. ; within 30 days after end of the reporting period. 5. Special instructions. NOTE: The Reporting Requirements shown on this checklist are to he used in the interim and will be revised when the EECBG reporting system is finalized. This checklist will be replaced at that lime with a modification to the award. Other R"i-ling: AMERICAN RECOVERY AND REINVESTMENT ACT REPORTING See the Special Terms and Conditions for Recovery Acl reporting requirements, along with the following web site' IhOn //www federolrcmaina g calendar quarter in which the recipient receives the assistance award funded in whole or n part by the Recovery Anlaban l Recipients ca instructed dstu ter each date in order to report cumulatively beginning with an estimated October I0, 2009 reporting deadline. Page 21 of 28 Agenda Item No. 16E5 October 27, 2009 Page 25 of 31 Federal Assistance Reporting 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 following information and any other information identified under Special Instructions on the Federal Assistance Reporting Checklist: 1. The DOE award number and name of the recipient. 2. The project title and name of the project director /principal investigator. 3. Date of report and period covered by the report. 4. A comparison of the actual accomplishments with the goals and objectives established the period and reasons why the established goals were not met. 5. A discussion of what was accomplished under these goals during this reporting period, including major activities, significant results, major findings or conclusions, key outcomf or other achievements. This section should not contain any proprietary data or other information not subject to public 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 Principal Investigator or the Project Director for further informatior 6. Cost Status. Show approved budget by budget period and 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 management plan with your application, 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 chant to the objectives 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 absence or changes of key personnel or changes 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. Attach or send copies of public releases to the DOE Project Offic 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. Page 22 of 28 Agenda Item No. 16115 October 27, 2009 Page 26 of 31 C. Networks or collaborations fostered. D. Technologies/Techniques. E. Inventions/Patent 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. Special Status Report The recipient must report the following events by e-mail as soon as possible after they occur: 1. Developments that have a significant favorable impact on the project. 2. 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: a. Any single fatality or injuries requiring hospitalization of five or more individuals. b. Any significant environmental permit violation. c. Any verbal or written Notice of Violation of any Environmental, Safety, and Health statutes. d. Any incident which causes a significant process or hazard control system failure. e. Any event which is anticipated to cause a significant schedule slippage or cost increase. f. Any damage to Government -owned equipment in excess of $50,000. g. Any other incident that has the potential for high visibility in the media, B. SCIENTIFIC/TECHNICAL REPORTS Final Scientifcrrechnical Report Conten . The final scientific/technical report must include the following information and any other information identified under Special Instructions on the Federal Assistance Reporting Checklist: 1. Identify the DOE award number; name of recipient; project title; name of project director /principal investigator; and consortium /teaming members. Page 23 of 28 Agenda Item No. 16115 October 27, 2009 Page 27 of 31 2. Display prominently on the cover of the report any authorized distribution limitation notices, such as patentable material or protected data. Reports delivered without such notices may be deemed to have been furnished with unlimited rights, and the Government assumes no liability for the disclosure, use or reproduction of such reports. 3. Provide an executive summary, which includes a discussion of 1) how the research adds to the understanding of the area investigated; 2) the technical effectiveness and economic feasibility of the methods 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 educated layman. 4. Provide a comparison of the actual accomplishments with the goals and objectives of the project. 5. Summarize project activities for the entire period of funding, including original hypotheses, approaches used, problems encountered and departure from planned methodology, and an assessment of their impact on the project'results. Include, if applicable, facts, figures, analyses, and assumptions used during the life of the project to support the conclusions. 6. Identify products developed under the award and technology transfer activities, such as: a. Publications (list journal name, volume, issue), conference papers, or other public releases of results. If not provided previously, attach or send copies of any 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. Technologies/Techniques; e. Inventions /Patent Applications, licensing agreements; and f. Other products, such as data or databases, physical collections, audio or video, software or netware, models, educational aid or curricula, instruments or equipment. 7. For projects involving computer modeling, provide the following information 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 verification /validation, sensitivity analyses, history matching with lab or field data, as appropriate); d. Theory behind the model, expressed in non - mathematical terms; e. Mathematics to be used, including formulas and calculation methods; Page 24 of 28 Agenda Item No. 16E5 October 27, 2009 Page 28 of 31 f. Whether or not the theory and mathematical algorithms were peer reviewed, and, if so, include a summary of theoretical strengths and weaknesses; g. Hardware requirements; and h. Documentation (e.g., users guide, model code). Electronic Submission. The final scientific /technical report must be submitted electronically -via the DOE Energy Link System (E -Link) accessed at htto: / /www.osti.govlelink -2413 Electronic Format. Reports 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. Materials, such as 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. Submittal Form. The report must be accompanied by a completed electronic version of DOE Form 241.3, "U.S. Department of Energy (DOE), Announcement of Scientific and Technical Information (STI)." You can complete, upload, and submit the DOE F.241.3 online via E -Link. You are encouraged not to submit patentable material or protected data in these reports, but if there is such material or data in the report, you must: (1) clearly identify patentable or protected data on each page of the report; (2) identify such material on the cover of the report; and (3) mark the appropriate block in Section K of the DOE F 241.3. Reports must not contain any limited rights data (proprietary data), classified information, information subject to export control classification, or other information not subject to release. Protected data is specific technical data, first produced in the performance of the award that is protected from public release for a period of time by the terms of the award agreement. Conference Papers /Proceedings Content: The recipient must submit a copy of any conference papers /proceedings, with 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 -Link) at htto: / /www.osti.aov /elink -2413. Non - scientific /technical conference papers /proceedings must be sent to 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 proceedings cannot be submitted electronically, they should be sent to the DOE Administrator at the address listed in Block 12 of the Notice of Financial Assistance Award, Submittal Form. Scientific /technical conference papers /proceedings must be accompanied by a completed DOE Form 241.3. The form and instructions are available on E -Link at http: / /www.osti..gov /elink -2413. This form is not required for non - scientific or non- technical conference papers or proceedings. Page 25 of 28 Agenda Item No. 16E5 October 27, 2009 Page 29 of 31 Software /Manual Content, Unless otherwise specified in the award, the following must be delivered: source code, the executable object code and the minimum support documentation needed by a competent user to understand and use the software and to be able to modify the software in subsequent development efforts. Electronic Submission. Submissions may be submitted electronically -via the DOE Energy Link System (E -Link) at http:// www .osti.gov /estsc/241- 4r)re.4sp, They may also be submitted via regular mail to: Energy Science and Technology Software Center P.O. Box 1020 Oak Ridge, TN 37831 Submittal Form. Each software deliverable and its manual must be accompanied by a completed DOE Form 241.4 "Announcement of U.S. Department of Energy Computer Software." The form and instructions are available on E -Link at http://www.osti.govlestsc/241- 4pre.isy. C. FINANCIAL REPORTING Recipients must complete the financial reports identified on the Reporting Checklist in accordance with the report instructions. These standard forms are available at http: / /www.whitehouse.00vlomblarants /index.htmi. Fillable forms are available at http: / /arants.Dr.doe. aov. D. CLOSEOUT REPORTS Final Invention and Patent Report The recipient must provide a DOE Form 2050.11, "PATENT CERTIFICATION." This form is available at http: / /www.direcfves.doe.00v(12dfs /forms /2050- 11,Pdf and http: / /manaoement.energy.gov /business doe/business forms.htm Property Certification The recipient must provide the Property Certification, including the required inventories of non- exempt property, located at http: / /management.energy.gov /business doe /business forms.htm E. OTHER REPORTING Annual Indirect Cost Proposal and Reconciliation Reauirement. In accordance with the applicable cost principles, the recipient must submit an annual indirect cost proposal, reconciled to its financial statements, within six months after the close of the fiscal year, unless the award is based on a predetermined or fixed indirect rate($), or a fixed amount for indirect or facilities and administration (F &A) costs. Page 26 of 28 Agenda Item No. 16E5 October 27, 2009 Page 30 of 31 Cognizant Agency. The recipient must submit its annual indirect cost proposal directly to the cognizant agency for negotiating and approving indirect costs. If the DOE awarding office is the cognizant agency, submit the annual Indirect cost proposal to the DOE Award Administrator identified in Block 12 of the Notice of Financial Assistance Award. Annual Inventory of Federally Owned Property Requirement. If at any time during the award the recipient is provided Government- fumished property or acquires property with project funds and the award specifies that the property vests in the Federal Government (i.e. federally 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 Financial Assistance Award no later than October 30'" of each calendar year, to cover an annual reporting period ending on the preceding September 30t'. Content of Inventory. The inventory must include a description of the property, tag number, acquisition date, location of property, and acquisition cost, if purchased with project funds. The report must list all federally owned property, including property located at subcontractor's facilities or other locations. Page 27 of 28 Cor County EXHIBIT E COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS Agenda Item No. 16E5 October 27, 2009 Page 31 of 31 Page 28 of 28 TYPE LIMITS Check X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government St tutory Limits and Requirements X Employer's Liability 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 damage damage Hang arkee ers 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 I dama e Business Automobile $500,000 per occurrence $1,000,000 per occurrence Insurance bodily injury and property bodily injury and property damage damage Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damage dama e Builders Risk Insurance OWNER May 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 acceptable. 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 of 28