#10-5374 (Children's Museum of Naples)
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.
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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 A!!reement
The SUBREClPIENT shall implement this Agreement in accordance with:
A. The American Recovery and Reinvestment Act of2009 (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://management.energv.gov/businessdoe!l374.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 Conflictin!! 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.
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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 (I) 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 satisty 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
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or the COUNTY notifies SUB RECIPIENT that such SOPO is not required by DOE, no
reimbursement for costs associated with the activities will be made.
C. SUBREClPlENT 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 SUBRECIPlENT 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.
SUBREClPlENT 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,
SUBRECIPlENT will iminediately 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.
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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.
I. 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 SUB RECIPIENT.
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 ofthis Agreement.
5. The SUBRECIPlENT shall include in all approved vendor contracts each of the record-
keeping and audit requirements detailed in this Agreement.
6. SUBRECIPlENT shall maintain records showing compliance with the Davis-Bacon Act,
including files containing contractor payrolls, employee interviews, Davis-Bacon wage
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rates, and administrative cross referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the applicable National Policy Assurances
referenced in Section" of this Agreement.
B. MONITORING
I. 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. SUBRECIPlENT 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:
I. 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 http://www.federalreporting.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.
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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
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Office pursuant to the submittal of monthly progress reports and invoices. Payments shall be
made to the SUB RECIPIENT when requested as work progresses, but not more frequently than
once per month. Payment will be made upon receipt of a proper invoice and in compliance with
~ 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No
payment will be made until approved by the Grants Office. SUBRECPIENT is required to
submit and maintain backup documentation for expenditures offunds under this Agreement.
E. SUBCONTRACTS
Any work or services subcontracted by the SUB RECIPIENT 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 SUBRECIPlENT 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 SUBRECIPlENT 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
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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 A wards (SEF A) 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/aI33.htmI.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 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:
I. 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 SUBRECIPlENT 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
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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.
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B. LOBBYING
SUB RECIPIENT must comply with the restrictions on lobbying in 31 U.S.c. 1352, as
implemented by DOE at 10 CFR part 601, and submit all disclosures required by that statute
and regulation. IfSUBRECIPIENT is a nonprofit organization described in section 501 (c)(4)of
Title 26, United States Code (the Internal Revenue Code of 1968), you may not engage in
lobbying activities as defined in the Lobbying Disclosure Act of 1995 (2 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 I 12.3 I 87, 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.
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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
SUB RECIPIENT 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.
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I. TERMINATION
In event of termination for any of the reasons identified in sub-sections I -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.
I. 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. TERMINA nON FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon thirty (30) calendar days written notice to the other
party. Upon termination, the COUNTY shall pay the SUBRECPIENT for services
rendered pursuant to this Agreement through and including the date of termination.
3. TERMINA nON DUE TO CESSA nON
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 SUBRECIPIENT of its liability and obligation under this subsection or under
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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 SUBRECIPlENT 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.
1. 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.
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IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, bave each, respectively, by an
authorized person or agent, b"""",der set their hands and seals on this 27th day of October, 2009.
,. '"""2;.::;-f';
BOARD OF
COLLIER
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By:
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Approved as to form and legal sufficiency:
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Assistant County Attorney
Page 15 of28
Exhibit A
Scope of Work
EECBG ACllvity Worn.heel
Grantee:
DUNS II:
Collier County
769'7790
Naples Energy Ssvinge and
Program Contact EmaJl:
Last Name:
Renewable
Oato' 06/24/2009
marlenefoordocolliergov.nee
Program Contact Firat Harne: Marlene
Project Title: Children' 8 Museum of
Activity: 14. Other
Sector' Other
Proposed Number of Jobs Created: J. 00
Proposed Energy SaV\ld and/or Renewable Energy GenEl'rated
Proposed GHG Emissions Reduced (C02 EqulvaJents): 1,606,000
Proposed Funds Leverag$d: $250,000.00
ProposedEECBGBudget 250,000.00
Projected Costs Within Budget: AdmlnlstraUon:
Project Contact Flr&t Name: Cox
Metrk: Activity: Renew.ble Energy MArket. oevelop~nt
Project Summary: (limit summery 10 space provide<:l)
Collier County will utilize its EECBG formula funding to fund a mixture of lighting
improvements, mechanical improvements, renewable energy and planning initiativeu,
Foord
I!lnergy Projects
'fOther:
If Other:
Energy Efficiency Enhancements
muaeum
Proposed Number of Jobs Retamed' 1.00
7,745 kWh/year, 265,000,000 BTU/year
!.9,161.00 Revolvjngloans'
laSt Name' Joe
$ubgrants: $250,000 00
EmaU'
j colotkmon, Ul'g
If Other'
and electrical
Project Activity 7: Children'. Muaeum of Naples
This project involves installation of four innovativ~ technology solutions at the Children'S Museum of
Naples (e'mon), which is currently under construction and will be the first LEEO certified chlldr~n's
museum in the State of Florida. C'mon is located at the North Collier Regional Park on land leased
trom Collier County under a 90wyear lease.
The 30,407s! 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 materlaIs,and
sustainable aspects such .. green roots, grass parking, bike racks and preferred parking for hybc1d
and energy efficient vehicles. Total cost for construction of the museum is $22,695,000, most ot which
has been locally raised via a capital campaign supported by individual gifts, private toundations,
corporate support and state/local grants. The total project cost tor the (our projects speCIfically
to be supported by this grant is approxlmately $500,000, half ot which 10'111 be cov.red by C'mon.
'rhe specific projects to be funded
PROJECT NAME
Oreen Roof Systelll
Rainwater Harvesting System*
Solar Rot Water Panels and PV
Wind Turbines
incl ude;
ITEM DESCRIPTION
l161sf live roof system
Includes 10,000g cistern
panels 2 solar panels,6 PV panels
5Kw turbine,. 500W turbines
EECBC REQUEST
$75,000
$50,000
$50,000
$75,000
ENERGY SAVINGS
7,484 kWh/year
lSO,OOOgalloll!yr
90,~20,OOObtu!yr
175,200.000btu/yr
Many of these technologies will be showcased for the first: time in Collier County. The Green Roof
(using the Live Root System) will be accessible for group tours, The Rainwater Harvesting System
(which will reduce total energy use, improve energy efficiency and reduce fossil tuel emlssions by
2951b CO2 annually* and save over 180,000 gallons of water) is a cutting edge system that takea
advantage of our significant rainfall. Th~ solar panels will be visible from inside and outside the
building whUe the wind turbines are likely to become an iconic feature of the building _ and a
wonderful educational tool. The Children'~ Museum ot Naples' annual attendance is cons~rvatively
estimated to be 75,000 people. Each of thQ~e visitors will be introduced to the MU8e~rn's energy
efficiency and conservation program through hands-on interactive exhibits Bnd environmental education
programs throughout the building and out in the community. Visitors .....i11 discover how simple changes
coupled with innovative technology can produce significant envIronmental .nd economic benetitl:l
Thia environmentally focused visitor experience will be an extremely effective venue tor the delivery
of public education as it: relates to energy efficiency, green technologies and consltrvat.i.on prognlms.
As a new facility, the energy SAvings componente and educational benefits to the community will yield
continuous and long-term benefits for Collier County. The required matching tunda have been secured,
the project is 'shovel ready' and can be completed within the required time frame.
'l'ha total project coat is $250,000. Approximately $9,161 ot the "administrative CO$ta" <Ire be.lng
allocated to this project: for a total BEeSG request of $259,161. The full project coat amount of
$250,000 will be Bubgranted to C'Mon via a subreCipient agreement negotiated after award of the grant.
* baaed on research by the Virginia Nater Research Center at virginia Tech IMay 200911 180,0009411009
water. 1.45kWh per 1,000 gallono . 261kWh _ 344lbs C02
If yQtI lint proposing mot'& than OM 6CtMty, $.~ thi~ IhI~" mMY ri",.~ 118 fHled<<J with "UCCft$SJW psgtf numl)en For e)(~mpfe, "OH-CtTY .CoJumt:1I.ls'
Pf'Oj&Cr ActiVity page 1 ,pdf.. "OH.CITY..columbu..P~ ACtivity /UP 2pdl,. find continlJ(t 4'~ neoded
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 2Uh 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
Year
Submittal Date
Subrecipient Name
Contact Person
Telephone
Fax
E-mail
I. Goals and objectives. Compare actual accomplishments with the goals and objectives
established for the period and reasons why the established goals were not met.
2. Accomplishments. A discussion of what was accomplished under these goals during this
reporting period, including major activities, significant results, major findings or conclusions,
key outcomes or other achievements. This section should not contain any proprietary data or
other information not subject to 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 of28
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
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 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 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 ofVendor* DUNS Vendor HQ Expected Product and Amount of
Number Zip Code (+4) Service Description Contract
· All vendors require prior COUNTY approval.
Page 19 of28
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
r. Grant Amount A warded
2. Sum of Past Claims Paid on this Account
$ $250,000
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
$
$
5. Amount of To day'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
OOe"of<<IO.2
,...,
A'OlIIe<~"""'Ob"'t-
U.S. Department of Energy
FEDERAL ASSISTANCE REPORTING CHECKUST
OE.EEllOOO7.JIO(l()
Alt~bmo1l11l2
AND INSTRUCTIONS EXH'R'T 1)
I JdeIllitlelllionNllmbcr 2,PrOS'llmIProjeeITille:
DE-EE.ooOO18J,ooo ColllerCouIllY EM,.y COtlJetValiOll Proanm
J,Rwplenl:
Fl...co!JNTV.colLIER
4. ReporlinlRequiremenis: Frequency No. Ufl..opIM Addres'ees
A. MANAGEMENT REPORTING
18I Pro..._ Repmf Q,A
o Spccial StiluS Report EECllGQoo,dc)e goy
B. SClENTlFlcrn:CHNICAL REPORTING
(Reports/Products musl be submined wilh .pproprIlte DOE P 241. Tltc24lfor~
.t; .nillblc II WWWolll &o\lJ"'lnk )
Repon/Producl Form
Of in II Sctc:nritlcITcchnjeal Reporl DOEf'241.J
DCool\lrCfHleplpcrslproeocdlnss' DOEF241.3
OSoll:warclM.nuII OOBP241.4
o Other (see 1pCt111 inll~ioll') OOEF24U
. SCi,ntjflca"d"cJmlcolco"prrrn:rJOII/y
C. FlNANClAL REPORTING eeCllGOllo.d<Mo~
181 SF-425. Pinaneia' SlIlu, Repon Q
D. CLOSEOUT REPORTING
o PIlml Certilh:.lion
o Propeny Cenifk:ation
OOlhor
E. OTHER REPORTING
o Annlllllndirtcl CO'I Proposal
o Annu.llnvcnlOry or Federally Owned Properly, iflny SlMJ Spec/lJllnstrucllOll$ Below
18I000her ,
FREQUENCY CODES AND DVE DAnS:
A. WilhlnSealendarda)'s.ftcrOVCftlsorunecdod.
F. Final; 90 ealendar di)'..ftcr oxplnodoll or JCrmm.lioll oflhe lwud.
y. YOJrl)';90da)'JlftcrlhccndoflhorepOtlinaperiod.
,. ScmllnllUfllly; within 30 dlysafter end OrrcportiA, period.
Q. Q\wtcrIy; within 30 daYI .fter end Oflho reportin, period.
5. Spocilllnstrnetions: NOTE: The Reponing Rcqult;menlllhown on this elttektbl ne 10 be llIed in the inlerim Ind will be fey/sed when fhe EEC8G
rcporlinaly.orn is nllllizc<l. Thlscllcckllsl wlll bcropllCed.1 t11111imc wkh. moditieallQfllo the'w.ld.
Ortler Reportll.: A.MERICAN RECOVERY AND REINVESTMENT A.CT REPORTING: Sco Ihe Specil' Terms.nd Condilkm. for Recover)' ^Cf reponinl
rcquitclTlOf\u. .Ionl with Ihe lbllowina ~b Silo: hnD"Jlwww fedurolrelHVtln. lInV. The required reports arc due no l~er lhan len C1Ilcadllr days .ftel' each
C11londlr 'l'I.rter in which lhe r~ipical receives Ihe wiltanee lward funded in whole or in part by Ille RecoYer)' Act Redpjenu an in$tn.reted to mallllain dill in
ordertoreporreumu'llive!Ybeainnin.withllneSlhTIIledOl:tObctIO.2009rcportin._dline
--
Page 21 of28
Federal Assistance Reporting Instructions (5106)
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 outcom'
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 Principallnvestlgator 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 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 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 consortium/teaming 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 of 28
C. Networks or collaborations fostered.
D. TechnologlesfTechniques.
E. Inventions/Patent Applications
F. Other products, such as data or databases, physical collections, audio or video,
software or netwara, models, educational aid or curricula, instruments or equipment.
Special Status Report
The racipient must raport the following avents bye-mall as soon as possible after they occur:
1. Developments that have a slgnWicant favorable impact on the project.
2. Problems, delays, or adverse condllions which materially Impair the recipient's ability to
meet the objectIves of the award or which may require DOE to respond to questions
ralating to such events from the public The recipient must report any ofthe following
Incidents and include the anticipated Impact and remedial action to be taken to correct or
resolve the problem/condition:
a. Any single falallly or Injuries raqulring hospitalization of five or mora individuals.
b. Any significant environmental permll violation.
c. Any verbal or Wlitten 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 slgnWlcant 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. SCIENTIFICrrECHNICAL REPORTS
Final SclentlflcfTechnlcll Report
Content. The final sclentilicttechnlcal report must Include the fOllowing information and any
other Information Identified under Special Instructions on the Federal Assistance Reporting
Checklist:
1. Identify the DOE eward number; name of reclplent; project lIt1e; name of project
director/principal investigator, and consortiumlteamlng members.
Page 23 of 28
2. Display prominently on the cover of the report any authorized distribution IImtlation notices,
such as patentable matertal or protected data. Reports delivered without such notices may
be deemed 10 have been furnished with unlimited rights, and the Govemment 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,
approeches used, problems encountered and departure from planned methodology, and
an assessment of their Impact on the prolectresuUs. Include, ff applicable, facts. figures.
analyses, and assumptions used during the Iffe 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. ff not provided praviously, 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, TechnologlesfTechnlques;
e. Inventions/Patent Applications, licensing agreements; and
f. Other products, such as data or databases, physical collections, audio or video,
software or natware, 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 demonstrete the model performance criteria were met (e,g"
code veriflcationlvalldatlon. sensitivity anelyses, history matching with lab or field data,
as appropriate);
d. Theory behind the model, expressed In non-mathematical terms;
e. Methematics to be used, Including formulas end calculetion methods;
Page 24 of 28
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" usere guide, model code).
Electronic Submission. The final scientific/technical report must be submitted electronically-via
the DOE Energy Link System (E-L1nk) accessed at http1/www.ostl.oov/elink-2413.
Electronic Format. Reports must be submitted In the ADOBE PORTABLE DOCUMENT
FORMAT (PDF) and be one integreted 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 verelon of DOE
Form 241.3, "U.S. Department of Energy (DOE), Announcement of Scientific and Technical
Information (STI).' You can complete, upload, and submllthe 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 appropriata 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, firet produced in the performance of the award that Is protected from public
release for a parlod of lime by the terms of the award agreement.
Conference PaperS/Proceedings
Conll!nt. 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-L1nk) at htto'//www.ostl,aovtellnk-2413,
Non-scientific/technical conference papere/proceedlngs 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, schemstic, 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. Sclentiflcltechnical conference papers/proceedings must be accompanied by
a completed DOE Form 241.3. The form and instructions are available on E-Link at
httD://www.ostl.Qov/ellnk-2413.Thisformlsnotrequiredfornon.sclentific or non-technical
conference papere or proceedings.
Page 25 of 28
Software/Manual
Qontent. 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.
Eiectronic Submission. Submissions may be submitted electronically-via the DOE Energy Link
System (E-Llnk) at httD:/IWww.osti.aov/estscl241-4ore.lso. They may aiso be submitted via
regular mall to:
Energy Science and Technoiogy Software Center
P.O. Box 1020
Oak Ridge, TN 37831
Submittal Form. Each software deliverable end lis manuai must be accompanied by a
compieted DOE Form 241.4 "Announcement of U.S. Department of Energy Computer
Software." The form and instructions are available on E-Link at htto:/IWww.ostl.aov/estscl241-
4ore.lsD.
C. FINANCIAL REPORTING
Recipients must complete the' financial reports identified on the Reporting Checklist in
accordance with the report instructions. These standard forms are avellable at
htto:/Iwww.whitehouse.aov/ombtarantslindexhtmI.Flllable forms are available at
htto:/laranls.or.doe.aov.
D. CLOSEOUT REPORTS
Final Invention and Patent Report
The recipient must provide a DOE Form 2050.11, "PATENT CERTIFiCATION: This form is
avallabie at htto:/IWww.directives.doe aov/odfs/forms/2050-11.odf and
htto:/Imanaaement.enerav.aov/buslness doelbusiness fotms.htm
Properly Certification
The recipient must provide the Property Certification. Including the required inventories of non-
exempt property, iocated at httD:ltmanaaement.enerav.aov~usiness doe/business forms.htm
E. OTHER REPORTING
Annual Indirect Cost Proposal and Reconciliation
Reaulrement. In accordance with the appllceble cost principles. the recipient must submit an
annuai indirect cost proposal, reconciled to its financial statements, within six months after the
ciose of the fiscal year, unless the award ia based on a predetermined or fixed indirect raters),
or a fixed amount for indirect or facilities and administration (F&A) costs.
Page 26 of28
Coonlz~nt Aaencv. The recipient must submit ns ~nnuallndlrect cost proposal directly to the
cognlz~nt ~gency for negotiating and ~pprovlng Indirect costs. W the DOE awarding office is
the cognlz~nt agency, submit the annual Indirect cost proposel to the DOE Award
Administrator Identified In Block 12 of the Notice of Financial Assistance Award.
Annual Inventory of F~d~rally OWned Property
Reoulrement. If at any time during the award the recipient Is provided Govemment-fumished
property or acquires property with project funds and the award specifies that the property vests
in the Federal Govemment (I.e. federally owned property), the recipient must submit ~n annual
inventory of this property to the DOE Award Administrator Identified in Block 12 of the Notice
of Flnanclel Assistance Awerd no later then October 30" of each calender year. to cover an
annual reporting pertod ending on the preceding September 30".
Content of InventolV. The Inventory must include a descrtption of the property, tag number.
acquisition date, location of property, and acquisition cost, W purchased with project funds.
The report must list ell federally owned property, Including property located at subcontractor's
facilities or other locations.
Page 27 of 28
EXHIBIT E
COLLIER COUNTY GOVERNMENT
CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS {Checkl
X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government
Statutorv Limits and Reauirements
X Emolover'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
damaae damaae
Hanoarkeeoers Liability $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 bodiiy injury and property
damaae damaQe
Business Automobile $500,000 per occurrence $1,000,000 per occurrence
Insurance bodily injury and property bodily injury and property
damaae damaae
Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damaae damaae
Builders Risk Insurance OWNER Mav Purchase-Reolacement Cost- All Risks of Loss
I
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 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 Liability and/or Airport Liabilitv where renuired.
Page 28 of 28
ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDfYYYY)
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: FCCI Insurance COffiT"\anU 24570
Children1s Museum of Naples INSURERS: Southern Owners 10190
PO Box 2423
Naples FL 34106 INSURERC.
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 :.~~: ~..^. POLICY NUMBER POLICY EFFECTIVE POL.ICY EXPIRATION L.IMITS
LTR
B ~NERAL LIABILITY 0823122071418809 11/1/2009 11/1/2010 EACH OCCURRENCE $1 000 000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 1300 000
PREMISES Ea occurence
I CLAIMS MADE IX] OCCUR MED EXP (Any one person) $10 000
- PERSONAL & ADV INJURY $1 000 000
- GENERAL AGGREGATE 12 000 000
~'LAGG:EnE LIMIT AT~IES PER: PRODUCTS - COMP/OP AGG 12 000 000
POLICY ~~,9;: I LOC
B ~TOMOBILE LIABILITY 0823122071418809 11/1/2009 11/1/2010 COMBINED SINGLE LIMIT
- ANY AUTO (Eaaccident) '1,000,000
- ALL OWNED AUTOS BODILY INJURY
(Per person) I
- SCHEDULED AUTOS
1'- HIREDAUTOS BODILY INJURY
I
1'- NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE I
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT I
ANY AUTO OTHER THAN EAACC I
AUTO ONLY: AGG I
=5ESSIUMBREL.L.A LlABIL.ITY EACH OCCURRENCE I
OCCUR D CLAIMS MADE AGGREGATE I
I
==l DEDUCTIBL.E i I
RETENTION I I
A WORKERS COMPENSATION AND 59657 4/3/2009 4/3/2010 I T~~$I~JI~;" Ix I OJ~- Hiaher Limit
EMPL.OYERS'L1ABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT 1500 000
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE 1500 000
If yes, describe under
SPECIAL PROVISIONS below EL DISEASE. POLICY LIMIT 1500 000
OTHER
DESCRIPTION OF OPERATIONS I L.OCATIONS I VEHICL.ES I EXCL.USIONS ADDED BY ENDORSEMENT I SPECIAL. PROVISIONS
ffice non-profit
egarding Contract lO-5374-ARRA Grant to Children's Museum of Naples. Collier County is additional insured with regard
o commercial General Liability.
CERTIFICATE HOLPER
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
ACORP 25 (2001/08)
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
holder 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.
ACORP 25 (2001/08)
ROUTED TO:
l\i~~
I)"~
''2.0 ,i'\
ITEM NO.: CH- ~O.4"L(~)
'i \-
'I"\-I',J'--'
....... \"1'",\.1
,)OUI',\\ i
FILE NO.:
REQUEST FOR LEGAL SERVICES
tJov Ii, wo"{
Date: OctGber 29. ?009
S~l
'':bl^.J...- II 11L./
<f1/
~
J~~6V1srd
l" lz)l i) It..
DO NOT WRITE ABOVE THIS LINE
To: Office of the County Attorney
Colleen M. Greene
From:
Lyn M. Wood, C.P.M., Contract Specialist
Purchasing Department, Extension 2667
k
Re: Contract: #10-5374 "ARRA Grants to Children's Museum of Naples"
Contractor: Children's Museum of Naples
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on October 27, 2009, Agen
Item 16.E.5
.~
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
~~~~
ll~ 'L t 1c1
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
MEMORANDUM
TO:
Ray Carter
Risk Management Department
1'-
FROM:
DATE:
Lyn M. WO.Od, C.P.M., Contract speCialistk
Purchasing Department (
No" 1't,2-od1
Q.ctoee, ~9, 2909
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.
dod/LMW
DATE RECEIVED
NOV 1 9 2009
RISK MANAGEMENl
i
ItIJJ II 9
C: Marlene Foard, Grant Coordinator
\
RECEJvto
OC 38"2009
RI MENl
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Detail by Entity Name
Florida Non Profit Corporation
CHILDREN'S MUSEUM OF NAPLES, INC.
Filing Information
Document Number N02000003841
FEltEIN Number 010687133
Date Filed OS/20/2002
State FL
Status ACTIVE
Last Event NAME CHANGE AMENDMENT
Event Date Filed 06/02/2003
Event Effective Date NONE
Principal Address
821 FIFTH AVENUE SOUTH
SU ITE 201
NAPLES FL 34102 US
Changed 06/16/2003
Mailing Address
P.O. BOX 2423
NAPLES FL 34106 US
Changed 06/16/2003
Registered Agent Name & Address
BARNETT, LISA H
821 FIFTH AVENUE SOUTH
SU ITE 201
NAPLES FL 34102
Name Changed: 06/16/2003
Address Changed: 06/16/2003
Officer/Director Detail
Name & Address
Title PO
KOESTER. JULIE
P.O. BOX 2423
NAPLES FL 34106
TitleVD
BECKER. PAM
http://www.sunbiz.org/scripts/cordet.exe?action=DETFlL&inCLdocnumber=N02000003...II11 312009
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Page 2 of2
P.O. BOX 2423
NAPLES FL 34106
Title SD
BARNETT-BUCKHEIT. KIM
P.O. BOX 2423
NAPLES FL 34106
TitleTD
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
Report Year Filed Date
2007 04/09/2007
2008 02/21/2008
2009 04/2912009
Document Images
041291200fl=ANNUAL REPQRT
(t2121 12008 =_,^,-NNUA.lREP_QRI
0410912007 =-ANNUAL REPORT
0313112006 =-ANNUAL REPORT
0111412005 =-ANNUAL REPORT
04130/2004 -- ANNUAL REPORT .. View image in POF (ormat I
06/1612003 ,,_ANNUAL REPORT View image in PDF (ormat I
OQLQ~12QjU_:=-N5l.rlle Cb.8_l}ge View image in POF (ormat I
08!~!)I2.QQ2-=-8!11eml.!IleDl View ima'ge in POF (ofll1at I
05120/2002 Domestic Non-Profit View image in POF fOfll1at I
. View image in PDF formal
Nole: This is not official record. See documents if question or conflict.
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Copyright @ 2007 State of Florida, Department of State.
http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&in'L doc _ number= N02000003... 11 II 3/2009
RLS# ocr-PlU - /)('(:1.0
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name:
{iHt<-!MF"-"S. !lJV(EUIL< tJF
lJi4hf<; l,v t!-,
,
v"Yes
~Yes
No
No
Entity name correct on contract?
Entity registered with FL Sec. of State?
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $ <j(j!,OV 0
Products/Compl/Op Required $ .
Personal & Advert Required $
Each Occurrence Required $
F irelProp 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: ~
_v::Yes No
----",,-Yes - No
v'Yes No
:::::\Z Yes - No
Z-1V.\L Exp. Date llii/to
I' Exp. Date III
r MIL- Exp. Date <,
l' Exp. Date ( ,
3(0) (/1)0 Exp. Date "
r N-- II Exp Date nit fro
,
)(X!)DOU Exp Date Y h{/v
I, Exp Date I (I
" Exp Date ,.
Provided $
Provided $
Provided $
Provided $
Provided $
Provided $
f)'"\C(1
(,,<7
\,...' '
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
---'.L'No
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
~+
--l.L:Yes
VYes
/Yes
No
_No
_No
Attachments
Are all required attachments included?
v' Yes
No ~
Reviewer Initials: ~
Date: rfi
04-COA-Ol 30/2 2
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