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Backup Documents 10/27/2009 Item #16E 5 16E'5 MEMORANDUM DATE: November 24, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract #10-5374: "ARRA Grants to Children's Museum of Naples" Contractor: Children's Museum of Naples Enclosed, please find one (1) original, referenced above (Agenda Item #16E5) approved by the Board of County Commissioners on Tuesday, October 27, 2009. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures N',_ f'Ill" -O~4'l-() ITEM NO.: V1 ~ "r-'\'~\\ )'\.:. '-' 1\ <" V ,-r"\" ,)OU\"'i \ : 2\.) OM,O L1,j'01 ~ liE 5 DATE RECEIVEq) ~ p" "L.~: JrJ ~ lo~ y--- l...,..., \;~~, ""' <J v ~ J11~"'sr4 ttlvb1vl( \\;\.. FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE Date: REQUEST FOR LEGAL SERVICES fJ 0'; I i I 2..00 ,.~ October 29, ?009 Sill '])I.A.)... \\lzW To: Office of the County Attorney Colleen M. Greene From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 :fir Re: Contract: #10-5374 "ARRA Grants to Children's Museum of Naples" Contractor: Children's Museum of Naples This Contract was approved by the BCC on October 27, 2009, Agen Item 16.E.5 BACKGROUND OF REQUEST: This item has not been previously submitted. Contract review and approval. NAiQ~ \~~ "t [cry ACTION REQUESTED: OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Marlene Foord, Grant Coordinator liE 5 MEMORANDUM }., '</1. -/- TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract speCialistk Purchasing Department ( Nay j 2, z.ocA Qctoge, ~9, 2099 DATE: RE: Review Insurance for Contract: #10-5374 "ARRA Grants to Children's Museum of Naples" Contractor: Children's Museum of Naples This Contract was approved by the BCC on October 27, 2009, Agenda Item 16.E.5 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. C: Marlene Foord, Grant Coordinator DATE RECEIVED NOV 1 9 2009 RISK MANAGEHENl dod/LMW \ RECEtvio / OC 3t2009 RI~ HENl www.sunbiz.org - Department of State Page 1 of2 16E 5 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List -Re.turn To List IEntity Name Search Submit I Events Name Hl~12rY. Detail by Entity Name Florida Non Profit Corporation CHILDREN'S MUSEUM OF NAPLES, INC. Filing Information Document Number N02000003841 FEIIEIN Number 010687133 Date Filed 0512012002 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 0610212003 Event Effective Date NONE Principal Address 821 FIFTH AVENUE SOUTH SU ITE 201 NAPLES FL 34102 US Changed 0611612003 Mailing Address po. BOX 2423 NAPLES FL 34106 US Changed 0611612003 Registered Agent Name & Address BARNETT, LISA H 821 FIFTH AVENUE SOUTH SUITE 201 NAPLES FL 34102 Name Changed: 0611612003 Address Changed: 0611612003 Officer/Director Detail Name & Address Title PD KOESTER, JULIE P.O. BOX 2423 NAPLES FL 34106 TitleVD BECKER, PAM http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc number= N02000003... 11/13/2009 www.sunbiz.org - Department of State Page 20f2 P.O. BOX 2423 NAPLES FL 34106 Title SD BARNETT-BUCKHEIT, KIM P.O. BOX 2423 NAPLES FL 34106 Title TD BARNETT, LISA H P.O. BOX 2423 NAPLES FL 34106 Title D LOOS, ALL YSON P.O. BOX 2423 NAPLES FL 34106 Title D LUTGERT, SIMONE P.O. BOX 2423 NAPLES FL 34106 Annual Reports l~E Report Year Filed Date 2007 0410912007 2008 0212112008 2009 0412912009 Document Images 04/2912009 _=ANNUAL REPORT View image in PDF format 02/2112008 -c IINNUALHEf'QFU View im"ge in PDF'format 0410912007 =-ANNUAL REPORT 03131/2006 =-ANNUAL REPORT 01/1412005 =-ANNUAL REPORT 0413012004 -- ANNUAL REPORT View image in PDF format I 0611612003 ccANNUAL REPORT View image in POF format I OJlL021.;W_Q;l_ -- N~!De Chanae View image in PDF format I 0.a!2_Q/2.QQ2.=-I\!D_'mgm'm! View image In POP format I 0512012002 Dom-,,-,,!ic Non-Profit View image in POP format I I Note: This is not official record. See documents if question or conflict. I Previous on List Next on List Return To List IEntity Name Search Submit I Events Name HistQIll I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http:/ /www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCLdoc _ number= N02000003... 11/13/2009 RLS# OC(-fJ(cc- !)rY:J..6 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: {iHu.-I)/lf'''-''s. NV(EUrJ0< nF IJllhfc;, I;V tE, ./"Yes ~Yes 16E 5 Entity name correct on contract? Entity registered with FL Sec. of State? No No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &Ior Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ 'lIP, 011 0 Products/CompVOp Required $ , Personal & Advert Required $ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Bodily Inj & Prop Required $ Workers Compensation Each accident Required $ Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: ~ ---t.L Y es No __l.L,Yes No c/Yes - No =ZYes No ,-,,^"IL Exp. Date \dlIIO II Exp. Date ( \r { iCtt L- Exp. Date < < It Exp. Date ( , 3"0) fJlJO Exp. Date <, r~lI Exp Date (lll fro , "tv) oou Exp Date Yh{1O I, Exp Date III " Exp Date " Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ sr" 1((, " (0 \...-" - Provided $ Provided $ Provided $ Exp Date Exp Date Yes No Provided $ Provided $ Exp. Date Exp. Date Required $ ,~ Provided $ Exp Date_ County required to be named as additional insured? County named as additional insured? /Yes /Yes No No Indemnification Does indemnification meet County standards? Is County indemnifying other party? /Yes Yes No .......i..LNo Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Yes No Yes Yes No _No Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? ~es ~Yes _':":~::Yes VYes _No No No No ~~ ----i.L: Y es VYes /Yes _No _No _No Attachments Are all required attachments included? ~ Yes No - Reviewer Initials: ~ Date: W 04-COA-OI 30/2 2 16E '5 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 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, Inc., 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) 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 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 of28 16E 5 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 Al!reement 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 perm its, 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.energv.gov/businessdoeIl374.htm G. DOE Program Regulations, if applicable, H. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov, 1. Grant application as submitted by Collier County and DOE Agreement as approved by DOE (available by request). III. Resolution of Conflictinl! 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 of28 16E 1: .,) 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: I. 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 SUB RECIPIENT Agreement fully executed Page 3 of 28 16E 5 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 liE r::. ..I 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-I 10)] 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 of28 liE 5 rates, and administrative cross referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the applicable National Policy Assurances referenced in Section II ofthis 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. SUB RECIPIENT must provide reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the govemment 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.federalreoorting.gov. 2. Monthly progress reports will be submitted using the form attached as Exhibit Band will be accompanied by a Request for Reimbursement if applicable. Page 6 of28 l'E 5 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,OOO. 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 ]5]2 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 70f28 l6E 5 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 SUBREClPIENT 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 detennination of compliance with the tenns 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 detennined that an amendment to the DOE Agreement is necessary. G. TRACKING, REPORTING AND SEGREGA nON 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 80f28 16E 5 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. I. SUB RECIPIENT 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://www.whitehouse.gov/omb/circulars/aI33/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 of the Federal program on the SEF A 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 SUB RECIPIENT 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 90f28 l'E 5 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 SUB RECIPIENT 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. SUB RECIPIENT must comply with requirements regarding debarment and suspension in Subpart C of 2 CFR parts 180 and 90 I, which includes checking the Excluded Parties System List (EPLS) httos:/lwww.epls.govl and maintain documentation that demonstrates the EPLS was checked for each lower tier contract or other covered transaction. Page 10 of28 l'E 5 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. If SUBRECIPIENT is a nonprofit organization described in section 50 I (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 SUB RECIPIENT 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 III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Page 11 of28 16E 5 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 SUB RECIPIENT 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. I 02, 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 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 l'E ~ .J. I. TERMINA nON 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 SUB RECIPIENT, 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 oftermination. 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 OBLIGA nON SUB RECIPIENT 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 SUB RECIPIENT of its liability and obligation under this subsection or under Page I3 of28 16E 5 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 SUB RECIPIENT 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 of28 16 E h~5 IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, bave e.ch, respectively, by an authoriud person or. !-~ent, hen:under set their band, and se.l, on this 27th day of October, 2009. - -.:',;'-".-, -......",. A T1:JilS'!:\)'J . r D'~l> . . . o D ~~:E,'BRO.~It~ERK Qn.~: .... ~ . .' , : ;:,..: ~"i' . .- ~ ."'" ~: ..~..' .": ~~l";:;:~~ ~ .Je ^ t\ i.-h>S :5a.loo TypeIprint witness name BOARD OF COLLIER By: DO ~~ TypcIprint witness name Approved as to fonn and legal sufficiency: r;Jg~:!:!~ Assistant County Attorney ltem# }tot5 ~~:da $nO~ =d \\ 'l.tlD9 Page 15 of28 I6E ~ ...I Exhibit A Scope of Work EECBG Activity Worl<sheet Grantee: DUNS #: Collier County 76997790 Naples Energy Savings and Program Contact EmaU: Last Name: Renewable Date" 06/24/:2009 marlenefoord.cOlliergov.net Program Contact First Name: Marlene Project Tnle: Children I s Museum of Activity: 14. Othor Sector Other Proposed Number of Jobs Created: ).00 Proposed Energy Saved ancllor Renewab/(t Energy Generated Proposed GHG Emissions Reduced (C02 Equivalents): 1.,606,000 Proposed Funds Leveraged: $250,000.00 ProposedEECBG6udget 250,000.00 Projected COsts WIthin Budget AdmlnistraUOn: Project Contacl Flr&t Name: Cox Metric Activtty' Renewable Energy MArket. l)evelop_nt Project Summary: (limit summary to space provided) Collier County will utilize j,ts EECBG formula funding to fund a mixture of lighting improvements, mechanical improvements, renewable energy and planning initiatives. Foord Energy Projects It Olt'ler: Energy Efficiency Enhancements If Other: museum Proposed Number of Jobs Retained. 1.00 1,145 kWh/year, 265,000,000 BTU/year $9,161.00 RevolVing loans last Name: Joe Subgrants: $250,000 00 EmaU. jcox~cmon Of9 !fOther and electrical Project Activity 7: Children'S Museum of Naples This project involves installation of four innovative technology solutions at the Children'S Museum oC Naples (C'mon), which is currently under construction and will be the first LERD certified children'e museum in the State of Florida. C'mon is located at the North Collier Regional Park on land leased from Collier COWlty under a 90wyear lease. The 30,407sf sustainable campU8 will he a full-acale environmental education/demonstration site for public education, workforce training and will be a technology and architecture showcase utilizing and demonatrating energy efficiency, water conservation, indoor air quality, recycled local materla16&nd sustainable Aspects such as green roofs, grass parking, bike racks and preferred parking for hybrld and energy efficient vehicles. Total cost for construction ot the museum is $22,895,000, most af whictl has been locally raised via II capital campaign 8\,1pported by individual gifts, private foundations, corporate support and state/local grants. The total project cost tor the tour projects specifically to be supported by this grant is approximately $500,000, half of which \oilll be covered by C'man. The specific projects to bu funded PROJECT NAME Oroen Roof System Rainwater Harvesting System. Solar Hot Water panels and PV Wind Turbines incl ude: ITEM DESCRIPfION 11616f live roof system Includes 10,0009 cistern panels 2 Bolar panels,6 PV panels 5Kw turbine,4 500W turbines EECBG REQUEST $15,000 $50,000 $50,000 $75,000 F.NERGY SAVING~ 7,4.84 kWh/yoar lSO,OOOgallon/yl' 90,~20,OOObtu/yr 175,20Q,QOObtu/yc Many of these technologies will he showcased for the first time in Collier County, The Green Roof {using the Live Roof System) will be accessible for group tours. The Rainwater Harvesting System {which will reduce total energy U8e, improve energy effieiency and reduce tossil fuel emissions oy 2951b CO2 annually. and save over 180,000 gallons of w~ter) is a cutting edge uystem that tAkes advantage of our significant rainfall. The solar panell!l will be visible trom inside and outside the building while the wind turbines are likely to become all iconic feature of the building _ and it wonderful educational tool. The Children's Museum of Naples' annual attendance 15 conservatively estimated to be 75,000 people. itach of the5e visitors will be introduced to the Musel.1m'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 innovIlIt,ive technology can produce significant environmental llnd economic benetJt<l' This environmentally focused visitor experience will be an extremely effective venue for the delivery of public education as it relatea to energy efficiency, green technologies and conservation prclgrama 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 lunda have been secured. the project is 'shovel ready' and can be completed within the required time trame. The total project coat 1. $250,000. Approximately $9,161 ot the "administrative costs" <Jre belng allocated to this project tor 4 total EECSG request of $259,161. The full project cost amount ot $250,000 will be subgranted to C'Mon via a subrecipient agreement negotiated after award of the grant. . based on research by the Virginia Water Research Center at virginia Tech (May 2009) i 180,000941100$ water. 1,45kWh per 1,000 gallons _ 261kWh _ J44lbs CO2 If you .,. proposing moIV than one lJCtivity, sa"'" th13 f. a3 many tilTHl:t .:1 mleded witll succeSSMt p8~ numbels For e)(ftmple, "OH-CITY .CoIumbus- Pf'OJBct Activity page '.pdt,. .OH.CfTY-Columbus-Project Actlvity"'gfI 2 pdt,' fII1d contin~ as "..cied 16E 5 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 2o'h 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 ofthe information provided on this fonn 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 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 infonnation, but include a note in the report advising the reader to contact the Grants Office for assistance from DOE. Page 17 of28 16>E 5 3. Cost Status. Show approved budget and actual costs incurred for each project (should match Reimbursement Requests and Invoicesfor time period). Project Name Grant Incurred Costs Incurred Costs Amount (current month) (total ) Green Roof Svstem $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 180f28 16E 5 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 workedfby 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 II 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' DUNS Vendor HQ Expected Product and Amount of Number Zip Code (+4) Service Description Contract · All vendors require prior COUNTY approval. Page 19 of28 16E 5 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 A warded $ $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 Awarded 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 19E h .) OoeFofOOO.2 ,..., ....~~,.,.0tI...... U.S. Department of Energy FEDERAL ASSISTANCE REPORTING CHECKUST OE.EEOOOO1,:JIOO(l Al'~bm'nlN2 AND INSTRUCTIONS _EXJ.uRI T 1) 1.ldcJltifj(:81ionNumbcr: 2.Pr\lfP1lm.IProjecITillc: I. DE.EE..ooo07IJ,OOO ColtierCOIlIllY E~r&y COl'lMrVallon Program 3. Recipient FL..cOUNTY-COLLIER 4. ReptiC1;1lI Requirements: FrequeoeV No. cAl.iop!es Addre$le&s A. MANAGEMENT REPORTING 181 PrnlrouRepol1 Q.^ OSpocillSlltusRepon EEC8GQgo.*-.IIOV B. SClENTlFlcrn:CHNICAL REPORTING (RcpllrtslProduC:1S mu.l be submitted with .ppropriate DOE F 241. Thc24' forms an: IVliI,ble I' www Gill &ov'~lnlt ) RcportfProducl Porm o Finl' ScienllfWTechnic.l Reporl DOEF24JJ o Confcrc:JK:cptpersfprcCcedings- DOEF241.3 DSoftwarelMlnutl DOEP24L4 (] Other ('" special inaUllCfions) DOE F241J .. Sc/,nl/!k IInd "chnleal CWI/t,.,ncu only C. FlNANCIALREPORTlNG eEC8~,ao. ~ 181 SF,'I2', Filllllcial StllllsReport Q D. CLOSEOUT REPORTING OPllenlCCl1iflClllon o PropcrtyCertificlIion OOlhCl' E. OTHER REPORTING o Annual Indirect Co~r Proposal o AnnuIllnvenlDry or federally Owned Property, Ihny See Sp8CIellnslructlona BaloW 181 Other ^ fREQUENCY CODES AND DUE DA'rES: ^- WilhJn$ ClJendlrdaytlftoroventlorllneodod, F. Ffnll; 90 elllendlt dlyslfter oxplnlion Of Icrmillllion oflhelWlrd, y. YClrfy; 90dlIYllfter the endMI1Kll'Oponin, period, ,- Sem!.nlWlllly; whltin 30 dlyllfta" end ornporlinll period. Q. Quartcrly;wllhin]OdlY'lftcrcndOrlhe1OpOrtinlpcrlod. ,. SpocilllnllrnC1ions: NOTE: Tho Rcponln8 Roqldremenll thown on thl, chedl:lw ne to N Iltod in the inlerim Ind will be <<wiled when Ihe EEeBe; reponi", 'y.cm is finalized. Thlt checkllst will be repiltced Illhlt time wkh. modifiCltlQR to lhe IWlrd. Qmu Reportl..: AMERICAN RECOVERY AND REINVESTMENT ACT REPORTINO: See the Specil' Terms llId Condillons for Rceovery Act rcpoltlna: requircmems. l/onl with the /bltowing web silo: hrtn:llwww redenlunnnlnll ROV. The reqlllrod reports are dlle no Jllct than 1m CJ;Jmdar dlyslnef each calendlr qltlmr In which the r~ipienl receives Ihe wltllnc:o IWlrd lbnded In whole or in pin by Ille Recovery AC1 RedpiclIlI arc in~tructed 10 lJ\lIirilain dalll in order fO report CUmull'ively bcainnin, with IIn elfl~lcd OctQbct 10,2009 RlpQnln. dot.dUne. -- Page 2] of28 16E 5 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 raport. 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 co~ Sharing is required braak 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. B. Any changes in approach or aims and reasons for change. Remember significant chan! 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 consortiumlteaming arrangeme 11. A description of any product produced or technology transfer activities accomplished during this reporting period, such as: A. Publications (list Joumal name, volume, issue); conference papers; or other public releases of results. Attach or send copies of publiC releases to the DOE Project Ottic 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 of28 l'E 5 C. Networks or collaborations fostered. D. TechnologleslTechnlques. E. InventlonslPatent 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 bye-mall as soon as possible after they occur: 1. Developments that have e slgnWicant favorable impact on the project. 2. Problems, delays, or adve"", condlllons which materially Impair the recipient's abliity 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 problemlcondition: a. Any single farallly or Injuries requiring hospitalization of five or more individuals. b. Any slgnWicant environmental permll violation. c. Any verbal or written Notl"" 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 Govemment-owned equipment in excess of $50,000. g. Any other incident that has the potential for high visibility In the media. B. SCIENTlFICrrECHNICAL REPORTS Final Sclentiflcrrec:hnlcal Report Content. The final sclentificltechnlcal report must include the following information and any other information identified under Specisllnstructions on the Federal Assistance Reporting Checklist: 1. Identffy the DOE award number: name of recipient; project title; name of project dlrectorlprincipallnvestlgator, and consortiumlteaming members. Page 23 of 28 16E 5 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 fumlshed with unlimited rights, and the Govemment assumes no Iiablilty 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 otherwisa of benefit to the public. The discussion should be a minimum of one paragraph and wrttten 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 tachnology 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 coliaboratlons fostered; d. TechnologleslTechnlques; e. Inventions/Patent Applications, licensing agreements; and f. Other products, such as data or databases, physical coliections, audio or video, software or netware, models, educational eld or curricula, Instruments or equipment. 7. For projects Involving computer modeling, provide the foliowlng information with the final report: a. Model description, key assumptions, version, source end Intended use; b. Performance criteria for the model related to the intended use; c. Tast results to demonstrate the model performance criterle were met (e.g" code verlflcatlonlvalidatlon, 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 16E 5 f. Whether or not the theory and mathematical elgorlthms 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 finel scientific/technlcal report must be submitted electronically-via the DOE Energy Link System (E-L1nk) accessed at http://www.osti.aovlelink-2413. Electronic Fonnat. 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 Fonn. 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 Infonnatlon (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 (proprletery data), classified Infonnation, information subject 10 export control classffication, or other Infonnatlon not subject to release. Protected data is specltic technical data, first produced in the perfonnance of the award that is protected from public release for a period of lime by the tenns of the award agreement. Conference Papers/Proceedings Content: The recipient must submit a copy of any conference papers/proceedings, with the following infonnation: (1) Name of conference; (2) Location of conference; (3) Date of conference; and (4) Conference sponsor. Electronic Submission. Scientific/technical conference paperlproceedings must be submitted electronically-via the DOE Energy Link System (E-Llnk) at htto"llwww.osti.aovlelink-2413. Non-scientific/technical conference paperslproceedlngs must be sent to the URL listed on the Reporting Checklist. Electronic Fonnat. 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. Sclentiflcltechnlcal conference papers/proceedings must be accompanied by a completed DOE Fonn 241.3. The form and instructions are available on E-Link at 16E 5 Software/Manual Content. Unless otherwise specified In the award, the following must be delivered: source code, the executable object code and the minimum support dooumentation 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 htlo:11Www osti.aovlestsc/241-4ore.lso. 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 dellvelBble and tis 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-Llnk at htto:/1Www osti,aovlestscl241- 4ore.lsD. C. FINANCIAL REPORTING Recipients must complete the' financial reports identified on the Reporting Checldist in accordance with tha report instructions. These standard forms are aveilable at htto:llwww.whltehouse.aovlomblarantsllndex.html. FlIIable forms are available at httoo/larants.cr.do8.00V. D. CLOSEOUT REPORTS Final Invention and Patent Report The recipient must provide a DOE Form 2050.11, "PATENT CERTIFICATION." This form is available at htto:/1Www directives.doe aov/oclfs/formsJ2050-11.ocIf and httD:/lmanaaement.enerav,aov/business doelbusiness fotms,htm Property Certification The recipient must provide the Property Certification, Including the required inventories of non- exempt property, located at htto:llmanaaement.enerav.aovlbusiness doelbusiness forms,htm E. OTHER REPORTING Annual Indirect Cost Proposal and Rsconclllatlon Reoulrement. In accordance with the applicable coat principles, the recipient must submit en ennual indirect cost proposel, 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(s). or a fixed amount for indirect or facilities and administration (F&A) costs. Page 26 of 28 16E 5 Coonlzant Aaencv. The raciplant must submit Ks 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 annuallndlrecl cost proposal to the DOE Award Admlniotrator identified In Block 12 01 the Notice 01 Financial Assistance Award. Annual Inventory of Federally OWned Property Reaulrement. II at any time during the award the recipient is provided Govemment-Iumished property or acquires property with project lunds and the award specities that the property vests in the Federal Govemment (I.e. lederally owned property), the recipient must submit an annual Inventory 01 this property to the DOE Award Administrator identified in Block 12 01 the Notice 01 Financial Assistance Award no latar than October 30~ of each celendar year, to cover an annual reporting pertod ending on the preceding September 30~. Content ollnventorv. The Inventory must include a description of the property, tag number. acquisition date, location 01 property, and acquisition cost, If purchased with project funds. The report musll1st all federally owned property, including property located at subcontractor's facilities or other locations. Page 27 of28 16E 5 Co~T County ~~"'-- ~~ EXHIBIT E COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS {Check\ X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutorv Limits and Requirements X Emolover'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 damane Hanqarkeeoers Liabilitv $500,000 oer aircraft $1,000,000 oer aircraft Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per OCCUrrence bodily injury and property bodily injury and property damaqe damaoe Business Automobile $500,000 per occurrence $1,000,000 per occurrence Insurance bodily injury and property bodily injury and property damaqe damane Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property damaqe damaqe Builders Risk Insurance OWNER Mav Purchase-Reolacement Cost- Ali Risks of loss INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendorlConsultant 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 ContractorNendorlConsultant or anyone employed or utilized by the ContractorNendorlConsultant 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 Countv. 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 accentable. 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 Liabilitv andlor Airoort Liabilitv where reouired. Page 28 of28 16E 5 ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDIYYVV) 10/29/2009 PRODUCER Phone: 239-262-7171 Fax: 239-262-5360 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lutgert Insurance - Naples ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 112500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples FL 34108 ---',-----'-----, INSURERS AFFORDING COVERAGE NAIC# ..- INSURED INSURER A: FCC I Insurance Com~anu 24570 Children's Museum of Naples INSURERB: Southern Owners 10190 PO Box 2423 Naples FL 34106 INSURER c: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. INSR DO' ~.c POLICY EFFECTIVE POL.ICY EXPIRATION POLICY NUMBER LIMITS B ~NERAL. LIABILITY 0823122071418809 11/1/2009 11/1/2010 EACH OCCURRENCE $1 000 000 X COMMERCIAL. GENERAL. LIABILITY ~~~~~~~9E~~~~~nce\ $300 000 I CLAIMS MADE [i] OCCUR MED EXP {Any one person) no 000 C-- PERSONAL. & ADV INJURY $1 000 000 C-- GENERAL.AGGREGATE 12 000 000 n'L.AGG~EnE LIMIT AT~S PER: PRODUCTS - COMP/OP AGG 12 000 000 POLICY \~,9; ; LaC 11/1/2009 11/1/2010 , B ~TOMOBIL.E LIABIL.ITY 0823122071418809 COMBINED SINGL.E LIMIT - ANY AUTO : (Eaaccident) 11, ODD, 000 AL.L. OWNED AUTOS , - BODilY INJURY : (Per person) I I- SCHEDULED AUTOS eX- HIRED AUTOS , BODILY INJURY I eX- NON-OWNED AUTOS (Per accident) ,~ PROPERTY DAMAGE I (Per accident) RRAGE L1AB'UTY AUTO ONLY - EA ACCIDENT I ANY AUTO OTHER THAN EAACC I AUTO ONLY: AGG I OESS/UMBREL.LA LIABILITY EACH OCCURRENCE I OCCUR D CLAIMS MADE AGGREGATE $ I ~ DEDUCTIBLE I I RETENTION $ I A WORKERS COMPENSATION AND 59657 4/3/2009 4/3/2010 I T~~$I~JI~S Ix IOJb'- Hinher Limit EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT 1500 000 OFFICER/MEMBER EXClU OED? E.L. DISEASE - EA EMPLOYEE 1500 000 If yes, describe under I",no SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS IVEHIClES I EXCL.USIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ffice non-profit egarding 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 3301 East Tamiami Trail Naples FL 34112 County CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED .. BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER CommJ.ssJ.oners WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV ACORD 25 (2001108) 16E 5 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 terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hoider in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute 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 (2001/08)