Agenda 09/29/2009 Item #16E 5
Agenda Item No. 16E5
September 29,2009
Page 1 of 57
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves the United
States Department of Energy (DOE) Energy Efficiency Conservation Block Grant
award for American Recovery and Reinvestment Act (ARRA) funding in the
amount of $3,036,000.
OBJECTIVE: To approve and authorize the Chairman to sign the grant award which
will stimulate the economy, create and retain jobs and implement strategies to reduce
fossil fuel emissions, reduce total energy use and improve energy efficiency in Collier
County.
CONSIDERATIONS: On February 17, 2009 Congress passed the American Recovery
and Reinvestment Act (ARRA) and on March 26, 2009 the United States Department of
Energy (DOE) designated $3,036,000 for the Energy Efficiency and Conservation Block
Grant to Collier County. On June 9, 2009 the Board of County Commissioners
approved the submittal of a grant application to DOE to fund 18 projects. These
projects represent a mixture of lighting and electrical improvements, mechanical
improvements, renewable energy and planning initiatives. The Energy Efficiency
Conservation Block Grant was awarded to Collier County by the Department of Energy
on August 31, 2009.
While some of the projects will provide internal cost/energy savings benefits to Collier
County government, several improve energy savings of facilities that result in benefit to
tax payers and rate payers, and others that will directly benefit the community by
improving quality of life and providing educational opportunities for the public. The
projects that will be funded by this award fall into the following groups:
. Facilities Management Energy Efficiency Retrofits
. Parks and Recreation Green Lighting System Retrofits
. Public Utilities Energy Savings Retrofits I
,
. Public Utilities Renewable Energy Solar Photovoltaic Panels
. Traffic Signalization Improvements
. Collier County Master Mobility Plan
. Children's Museum of Naples Energy Savings and Renewable Energy Projects
. Green Building Codes Inspection Training Program
By implementing these projects within the 36 month time period required by the
Department of Energy, 80% of the allocated funding will result in almost immediate
positive impact in energy and greenhouse gas reduction. Approximately 15% of the
funding will be used to develop a plan that will guide the need and location of land
use, public services, multi-modal transportation, and infrastructure while protecting
environmentally sensitive land and habitat; the remaining portion of the award is
Agenda Item No. 16E5
September 29, 2009
Page 2 of 57
administrative costs. It is estimated that upon implementation 100 + direct and
indirect jobs will be created within the first year and over the long term; actual
dollars and greenhouse gas savings will exponentially improve in perpetuity.
A subrecipient agreement with the Children's Museum of Naples will be developed
and provided to the Board of County Commissioners at a subsequent meeting. All
other projects will be implemented by various Collier County departments.
SPECIAL CONSIDERATIONS: Special considerations related to the American
Recovery and Reinvestment Act (ARRA) of 2009 apply to this grant program.
Grantees participating in the ARRA are required to ensure that funds are expended
responsibly and in a transparent manner to further the job creation, economic
recovery, and other purposes of the Act. The grant program guidelines and
-subsequent grant agreement identify additional compliance requirements related to
the ARRA, however the attached document highlights the major requirements and
how Collier County will maintain compliance.
FISCAL IMPACT: The award amount of $3,036,000 will be recognized in FY 2010
Fund 725 ARRA Grant Fund. Approximately $107,300 of the award will be used to
fund .5 FTE of the Grant Support Specialist position to administer the grant over the
three year period.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County
Growth Management Plan, however if accepted, the associated projects will support
many management plans and the County's Strategic Plan.
I
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office and is legally sufficient for Board action-CMG
RECOMMENDATION: That the Board of County Commissioners:
. Accepts and approves the Energy Efficiency and Conservation Block Grant
award for American Recovery and Reinvestment Act of 2009 funding in the
amount of $3,036,000;
. Approves the necessary budget amendments;
. Approves and authorizes the Chairman to sign the grant award; and
. Authorizes the Grants Office to electronically accept the award.
PREPARED BY: Marlene Foord, Grant Coordinator and Josh Thomas, Assistant
Grant Coordinator, Administrative Services Division
l'age 1 or L
Agenda Item No. 16E5
September 29,2009
Page 3 of 57
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16E5
Item Summary: Recommendation that the Board of County Commissioners approves the United States
Department of Energy (DOE) Energy Efficiency Conservation Block Grant award for
American Recovery and Reinvestment Act (ARRA) funding in the amount of $3,036,000.
Meeting Date: 9/29/20099:00:00 AM
Prepared By
Marlene J. Foord Grants Coordinator Date
Administrative Services Administrative Services Admin. 9117120098:55:13 AM
Approved By
--
Joshua Thomas Assistant Grant Coordinator Date
Administrative Services Grants I Administrative Services 9/17120099:33 AM
Approved By
Marla Ramsey Public Services Administrator Date I
Public Services Public Services Admin. 9117/200912:15 PM
Approved By
Community Development &
Joseph K. Schmitt Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 911712009 2:23 PM
Approved By
Marlene J. Foord Grants Coordinator Date
Administrative Services Administrative Services Admin. 911712009 3:47 PM
Approved By
Therese Stanley Grants Coordinator Date
Transportation Transportation Administration 9/17120094:03 PM
Approved By
Len Golden Price Administrative Services Administrator Date
Administrative Services Administrative Services Admin. 9/1712009 5:06 PM
Approved By
Nathan Beals Project Manager Date
Public Utilities Public Utilities Planning and Project 9/17120095:24 PM
Management Department
Approved By
James W. Delony Public Utilities Administrator Date
file://C:\Agendatest\export\135-September 29,2009\16. CONSENT AGENDA\16E. ADMI... 9/23/2009
Page 20f2
Agenda Item No. 16E5
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Public Utilities Public Utilities Administration 9/18/20098:11 AM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 9/18/20099:19 AM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 9/18/2009 10:44 AM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 9/18/20095:03 PM
Approved By
--
Randy Greenwald Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 9/18/2009 5:04 PM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 9/21/20091:28 PM
Approved By
Laura Davisson Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 9/21/20091:54 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office
Commissioners 9/21/20094:17 PM
file://C:\Agendatest\exoort\135-Seotember 29.2009\16. CONSENT AGENDA \ 1 fiE ADMT Q!?1/?()()Q
Agenda Item No. 16E5
September 29,2009
Page 5 of 57
Special Considerations Related to the American Recovery and Reinvestment Act (ARRA) of 2009
Energy Efficiency and Conservation Block Grant
CFDA 81.128
Since the source of funds for this program is the American Recovery and Reinvestment Act (ARRA),
additional considerations are necessary to ensure the use of funds properly implements the purpose of the
Act. Generally, grantees are required to ensure that public funds are expended responsibly and in a
transparent manner to further the job creation, economic recovery, and other purposes of the Recovery Act.
The following table identifies the general requirements, including reporting requirements and an indication
of how each requirement will be met.
I
Special Provisions relating to work funded under American Recovery and Rein~estment Act of 2009, Pub.
L. 111-5 shall apply. Also, the Office of Management and Budget-may be promulgating additional
provisions or modifying existing provisions. Those additions and modifications will be incorporated into
the Special Provisions as they become available.
General ARRA Considerations
Consideration Compliance Requirement Collier County Preparations and Ability to
Maintain Compliance
Timely Use of Funds Applicants must ensure that all funds All activity sponsors were requested to verifY
are obligated for authorized activities that projects could be completed within the
within 18 months of grant award and required time frames and feasibility of this was
projects fully completed within 36 a consideration by the Review Panel as projects
months of grant award. were recommended. Periodic status reviews
will be completed during the term of the grant
once awarded to ensure projects are on
schedule. Any project not on schedule will be
discussed with the DOE program officer and a
recommendation to replace the project with a
backup program will be made and the Energy
Efficiency and Conservation Strategy modified
as appropriate.
Agenda Item No. 16E5
September 29,2009
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Reporting (above Quarterly performance reports are due The Grants Office is developing a central
and beyond regular to DOE 10 days after the end of each reporting process, which will at a minimum
grant reporting) quarter (Initial Report due 10/1 0/09) entail reporting of progress and any concerns,
and include: delays or other compliance issues to maintain a
1. The total amount of American high level of transparency and accountability.
Recovery and Reinvestment Act of Upon award of the grant, all activity sponsors
2009, Pub. L. 111-5, covered funds will be informed of their individual
received from that agency; responsibilities and any sponsors who cannot
2. The amount of American Recovery guarantee ability to comply with the terms will
and Reinvestment Act of 2009, Pub. have their activity removed from the Energy
L. 111-5, covered funds received Efficiency and Conservation Strategy and the
that were expended or obligated to Strategy modified as appropriate.
project or activities;
3. A detailed list of all projects or
activities for which American
Recovery and Reinvestment Act of - -
2009, Pub. L. 111-5, covered funds
were expended or obligated
including:
a. Name of project or activity
b. Description of project or activity
c. Evaluation of the completion
status of project or activity
d. Estimate of number of jobs
created and retained by project or
activity in the manner and form
prescribed by DOE
e. Infrastructure investments made
by State and local governments,
purpose, total cost, rationale or
agency for funding infrastructure
investment, name of agency
contact.
f. Information on subcontracts or
subgrants awarded by recipient to
include data elements required to
comply with the Federal
Accountability and Transparency
Act of2006 (Pub. L. 109-282).
Purchase of Products It is the sense of the Congress that, to The Grants OfficelPurchasing Department will
the greatest ex tent practicable, all ensure that all products and equipment for each
equipment and products purchased project is American made by approving the
with funds made available under this purchase before it is made
award should be American made.
Transparency and Specifics from DOE will be released; The Grants Office will ensure that the County
Prevention of Fraud however, generally the ARRA requires Manager, appropriate Department Directors and
a high level of transparency and Division Administrators and the Board of
guarantee that fraud will be prevented. County Commissioners (as appropriate) are
kept informed of all progress towards meeting
the goals of the EECBG program and the
ARRA of2009.
Furthermore, programs funded with ARRA funding may develop grant specific compliance requirements
Agenda Item No. 16E5
September 29,2009
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that are above and beyond those ofnonnal grant program requirements (for programs already in existence)
or above and beyond nonnal operations of the grantee (including new grant programs as well). Grant
specific compliance requirements are listed below:
ARRA HPRP Grant Pro!!ram Soecific Considerations I
Consideration Compliance Requirement Collier County Preparations and Ability to
Maintain Comoliance
Data collection and DOE intends to append the periodic Upon award of the grant, all activity sponsors
reporting ARRA - Performance Progress Report will be informed of their individual
to include reporting on the following, responsibilities and any sponsors who cannot
at a minimum: guarantee ability to comply with the terms will
have their activity removed from the Energy
The results of the funding provided for Efficiency and Conservation Strategy and the
the EECBG Program through the Strategy modified as appropriate.
American Recovery and Reinvestment
Act (ARRA) will be assessed The Grants Office will develop a reporting --
according to the following mechanism for this purpose that will mirror the
performance metrics: reporting requirements provided by the
Department of Energy.
. Jobs created and/or retained
. Energy
(kw h/therms/ gallons/B TU s/ etc.)
saved
. Renewable energy generated
. GHG emissions reduced
. Cost savings
FedConnect: A ward Summary Page I of I
Agenda Item No. 16E5
September 29, 2009
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COUNTY OF COLLIER - Marlene Foard
Award: DE-EE0000783/ EECBG
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RECOVERY ACT: COLLIER t now?
COUNTY ENERGY
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page. To the left you will see
a description and an overview
of this award. To the right you 111 Assistance Agreement Form
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09/08/2009 click the attachment name.
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NAICS: company. lEI Federal Assistance Reporting Checklist(DOE 4600.2)
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Award date: 09/08/2009 team, click the Join button. [J Budget Information (Page 1)
Award / Order Number: DE-
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Golden Field Office
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DE-~'iI&1iOOe. 16E5
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SPECIAL TERMS AND CONDITIONS
Table of Contents
Number Subiect Pa~e
1. RESOLUTION OF CONFLICTING CONDITIONS .................................................... 2
2. AWARD AGREEMENT TERMS AND CONDITIONS................................................ 2
3. ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS ................................ 2
4. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED
STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM ...........................2
5. CEILING ON ADMINISTRATIVE COSTS ................................................................. 3
6. LIMIT A TIONS ON USE OF FUNDS.......................................................................... 3
7. INDIRECT COSTS ARE NOT REIMBURSABLE...................................................... 3
8. REOPENER CLAUSE - PENDING FRINGE BENEFIT RATES - FINANCIAL
ASSISTANCE ... .... .... .... .... .... ............ .......... .... ... ...... ......... ..... ........ ............ ~... ........... 4
9. USE OF PROGRAM INCOME .................................................................................. 4
10. STATEMENT OF FEDERAL STEWARDSHIP .....................................................i..... 4
11. SITE VISITS...................... ........ ............. .......... ........ ............. .................... ................ 4
12. REPORTI NG REQU I REMENTS ...... ....... .......................................... .................. ...... 5
13. PUBLiCATIONS.................. .......... ........ ............... ..... .......... ........ ............. ................ 5
14. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS ........................................6
15. LOBBYI NG RESTRICTIONS ..... ....... ........................................................ ........ ..;..... 6
16. STAGED DISBU RSEM ENT.. ...................... .................... .............. ......................~..... 6
17. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS.........l..... 6
18. HISTORIC PRESERVATION ........................................................... ......................... 8
19. WASTE STREAM.... ..... .......... ........ .......... .......... ................... .............. ......... ....... ..... 9
20. DECONTAMINATION AND/OR DECOMMISSIONING (0&0) COSTS .................... 9
21. SUBCONTRACT/SU BGRANT APPROVALS .............................. ............................ 9
22. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009)............................. 10
23. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512
OF THE RECOVERY ACT ........................................................ .............................. 15
24. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS -- SENSE OF CONGRESS ........................................................ 15
25. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS - SECTION 1605 OF THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009.......................................... .......... ......................... 16
26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MAN\JFACTURED
GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) - SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009..... 19
27. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY
ACT .................................................................................:...................................... 23
28. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF
EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT
RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS.................................... 23
29. DAVIS-BACON ACT REQUIREMENTS.. ..........................................................,.... 24
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1. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and
conditions contained in this award must be referred to the DOE Award Administrator for
guidance.
2. AWARD AGREEMENT TERMS AND CONDITIONS
This award/agreement consists of the Assistance Agreement, plus the following:
a. Special Terms and Conditions.
b. Attachments:
Attachment Number Title
1. Statement of Project Objectives
2. Federal Assistance Reporting Checklist and Instructions --
3. Budget Pages (SF 424A)
c. Program regulations, if applicable.
d. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov.
e. Application/proposal as approved by DOE.
f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of
award at http://management.energy.gov!business_doe/13 74 .htm.
3. ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS
Acknowledgement of award documents by the Recipient's authorized representative
through electronic systems used by the Department of Energy, specifically FedConnect,
constitutes the Recipient's acceptance of the terms and conditions of the award.
Acknowledgement via FedConnect by the Recipient's authorized representative
constitutes the Recipient's electronic signature.
4. PAYMENT PROCEDURES-ADVANCES THROUGH THE AUTOMATED
STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM
a. Method of Payment. Payment will be made by advances through the Department of
Treasury's ASAP system.
b. Requesting Advances. Requests for advances must be made through the ASAP system.
You may submit requests as frequently as required to meet your needs to disburse funds
for the Federal share of project costs. If feasible, you should time each request so that
you receive payment on the same day that you disperse funds for direct project costs and
the proportionate share of any allowable indirect costs. If same-day transfers are not
feasible, advancp payments must be as close to actual disbursements as administratively
feasible.
c. Adiusting payment requests for available cash. You must disburse any funds that are
available from repayments to and interest earned on a revolving fund, program income,
--
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rebates, refunds, contract settlements, audit recoveries, credits, discounts, and interest
earned on any of those funds before requesting additional cash payments from DOE.
d. Payments. All payments are made by electronic funds transfer to the bank account
identified on the ASAP Bank Information Form that you filed with the U.S. Department
of Treasury.
5. CEILING ON ADMINISTRATIVE COSTS
a. Local government and Indian Tribe Recipients may not use more than 10 percent of
amounts provided under this program, or $75,000, whichever is greater (EISA Sec 545
(b)(3)(A)), for administrative expenses, excluding the costs of meeting the reporting
requirements under Title V,Subtitle E of EISA. These costs should be captured and
- summarized for each activity under the Projected Costs Within Budget: Administration.
b. Recipients are expected to manage their administrative costs. DOE will not amend an
award solely to provide additional funds for changes in administrative costs. The
Recipient shall not be reimbursed on this project for any final administrative costs that
are in excess of the designated 10 percent administrative cost ceiling. In. addition, the
Recipient shall neither count costs in excess of the administrative cost ceiling as cost
share, nor allocate such costs to other federally sponsored project, unless approved by the
Contracting Officer.
6. LIMIT ATIONS ON USE OF FUNDS .,-
a. By accepting funds under this award, you agree that none of the funds obligated on the
award shall be expended, directly or indirectly, for gambling establishments, aquariums,
zoos, golf courses or swimming pools. I
b. Local government and Indian tribe Recipients may not use more than 20 percent of the
amounts provided or $250,000, whichever is greater (EISA Sec 545 (b)(3)(B)), for the
establishment of revolving loan funds.
c. Local government and Indian tribe Recipients may not use more than 20 percent of the
amounts provided or $250,000, whichever is greater (EISA Sec 545 (b)(3)(C)), for
sub grants to nongovernmental organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation strategy of the eligible unit of
local government or Indian tribe.
7. INDIRECT COSTS ARE NOT REIMBURSABLE
The budget for this award does not include indirect costs. Therefore, these expenses shall
not be charged to nor reimbursement requested for this project nor shall the indirect costs
from this project be allocated to any other federally sponsored project. In addition,
indirect costs shall not be counted as cost share unless approved by the Contracting
Officer. This restriction does not apply to subawardees' indirect or fringe benefit costs.
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8. REOPENER CLAUSE - PENDING FRINGE BENEFIT RATES - FINANCIAL
ASSISTANCE
a. At the time the total budget cost for this award was established, agreement could not be
reached on fringe benefit rates. However, agreement was reached on a total estimated budget
cost that includes a dollar amount for fringe benefit costs and this amount is subject to
adjustment in accordance with the provisions of this term and other administrative provisions
of the award.
b. Within 30 days from the award date shown in Block 27 of the AssistanceAgreement, you
shall submit a fringe benefit rate proposal to the contracting officer and cognizant auditor for
determination of a provisional billing rate.
c. If the approved provisional billing rates result in amounts for fringe benefit casts that are
substantially lower the amount budgeted, you agree to commence negotiations to revise the
budget and the total estimated cost for this award.
d. Should you fail to submit the information in paragraph (b), or should there be no agreement
as to the amount of the adjustment contemplated by this term, then the Contracting Officer
may make a unilateral determination and modify the award accordingly.
9. USE OF PROGRAM INCOME
If you earn program income during the project period as a result of this award, you may add
the program income to the funds committed to the award and used to further eligible project
objectives.
10. STATEMENT OF FEDERAL STEWARDSHIP
DOE will exercise normal Federal stewardship in overseeing the project activities performed
under this award. Stewardship 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
accompli shed.
11. SITE VISITS
DOE's authorized representatives 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. You must provide, and must require yoursubawardees to 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
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visits and evaluations must be performed in a manner that does not unduly interfere with or
delay the work.
12. REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are identified on the Federal
Assistance Reporting Checklist, DOE F 4600.2, attached to this award. 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 and/or other financial assistance awards, may also result in a debarment action to
preclude future awards by Federal agencies.
b. Additional Recovery Act Reporting Requirements are found in the Provision below
labeled: "REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION
1512 OF THE RECOVERY ACT."
13. PUBLICATIONS
a. You are encouraged to publish or otherwise make publicly availa~le the results of the
work conducted under the award.
b. An acknowledgment of DOE support and a disclaimer must appear in the publication of
any material, whether copyrighted or not, based on or developed under this project, as
follows:
Acknowledgment: "This material is based upon work supported by the Department of
Energy (National Nuclear Security Administration] [add name(s) of other agencies, if
applicable] under Award Number(s) [enter the award number(s)]."
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."
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14. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and
municipal laws, codes, and regulations for work performed under this award.
15. LOBBYING RESTRICTIONS
Byaccepting funds under this award, you agree that none of the funds obligated on the award
shall be expended, directly or indirectly, to influence congressional action on any legislation
or appropriation matters pending before Congress, other than to communicate to Members of
Congress as described in 18 U.S.C 1913. This restriction is in addition to those prescribed
elsewhere in statute and regulation,
16. STAGED DISBURSEMENT
-.
a. The total funding allocation for this award, shown in Block 12 of the Assistance
Agreement, will be obligated in full with this action; however, funds will be released
according to a staged disbursement schedule. All funds must be expended within 36 months
of the effective date of the award.
1. The initial disbursement of funds will include 50% of the total funding allocation,
identified on Page 2 of the Assistance Agreement, which will be released to the Recipient to
begin work on the approved activities listed in the Statement.ofProject Objectives. If
conditions are included in the terms and conditions of this award, upon satisfying the
conditions, the Contracting Officer will lift the funding restrictions associated with the
conditions and release the remainder of the initial disbursement of funds.
2. Project performance will be monitored and corrective action taken, as necessary to ensure
acceptable performance under this award. After one or more progress reviews, in,which the
Recipient must demonstrate that it has made satisfactory progress on its activities; expended
funds appropriately; complied with reporting requirements; and created jobs, the Contracting
Officer will approve the release of the remaining balance of the total funding allocation.
b. No additional funds will be disbursed to the Recipient for payment, and DOE does not
guarantee or assume any obligation to reimburse costs incurred by the Recipient, until the
requirements of each progress review are met. Failure by the Recipient to demonstrate
acceptable performance under this award will be deemed a noncompliance pursuant to 10
CFR 600. If a noncompliance occurs, the Contracting Officer may unilaterally terminate or
suspend this award and deobligate the amounts obligated. In such case, the Recipient shall
not be reimbursed for costs incurred at the Recipient's risk, as described above.
17. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
You are restricted from taking any action using Federal funds, which would have an adverse
effect on the environment or limit the choice of reasonable alternatives prior to DOE
providing either a NEP A clearance or a final NEP A decision regarding this project.
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If you move forward with activities that are not authorized for Federal funding by the DOE
Contracting Officer in advance of the final NEPA decision, you are doing so at risk of not
receiving Federal funding and such costs may not be recognized as allowable cost share.
If this award includes construction activities, you must submit an environmental evaluation
report/evaluation notification form addressing NEP A issues prior to DOE initiating the
NEP A process.
DOE has made a conditional NEP A detennination for this award, and funding for certain
activities or tasks under this award is contingent upon.the final NEPA determination:
Activitv #1 - Facilities Manae:ement Enere:v Efficiency Retrofits ( e.g. thennal storage &
chiller upgrades, lighting upgrades, and cart PV installation): Prohibited actions include:
Demolition, construction, removal, installation or disposal activities, until such time that you
comply with the Waste Stream Clause and Historic Preservation Clause. This restriction
does not preclude you from: 1) purchasing any necessary equipment or related materials; or
(2) conducting assessments, studies and other related administrative work.
Recipient shall ensure the safety and structural integrity of any repair, replacement,
construction and/or alteration performed under this project.
Activitv #2 - Parks and Recreation Green Lie:htine: System Retrofits: Prohibited actions
include: Demolition, construction, equipment removal, installation or disposal activities, until
such time that you comply with the Waste Stream Clause and Historic Preservation Clause.
This restriction does not preclude you from: 1) purchasing any necessary equipment or
related materials; or (2) conducting assessments, studies and other related administrative
work.
Activitv #3 - Public Utilities Enere:v Savine:s Retrofits: Prohibited actions include:
Demolition, construction, removal, installation or disposal activities, until such time that you
comply with the Waste Stream Clause and Historic Preservation Clause. This restriction
does not preclude you from: I) purchasing any necessary equipment or related materials; or
(2) conducting assessments, studies and other related administrative work. Recipient shall
ensure the safety and structural integrity of any repair, replacement, construction and/or
alteration performed under this project.
Activitv #4 - Public Utilities Renewable Enere:v Solar Photovoltaic Panels: This activity
is restricted pending: (1) further submission by Recipient specifically identifying all activities
authorized under these projects; and (2) a final NEP A determination from DOE regarding
those activities.
Once DOE makes a final NEPA determination and DOE authorizes Recipient to expend
federal funds, the activities will be subject to the Waste Stream and Historic Preservation
clauses. Further, Recipient shall ensure the safety and structural integrity of any repair,
replacement, construction, and or alteration performed under this project.
This restriction does not preclude the Recipient from: conducting assessments, studies,
audits, developing strategies, and engaging in other administrative work.
7
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Activity #5 - Traffic Sienalization Improvements: DOE has made a final NEP A
Determination for this activity, which is categorically excluded from further NEP A review.
Activity #6 - Collier County Master Mobilitv Plan: DOE has made a final NEP A
Determination for this activity, which is categorically excluded from further NEP A review.
Activitv #7 - Children's Museum of Naples Enerev Savines and Renewable Enerev
Projects: This activity is restricted pending: (1) further submission by Recipient specifically
identifying all activities authorized under these projects; and (2) a final NEP A determination
from DOE regarding those activities.
Once DOE makes a final NEP A determination and DOE authorizes Recipient to expend
federal Wfids, the activities will be subject to the Waste Stream and Historic Preservation
clauses. Further, Recipient shall ensure the safety and structural integrity of any repair,
replacement, construction, and or alteration performed under this project.
This restriction does not preclude the Recipient from: conducting assessments, studies,
audits, developing strategies, and engaging in other administrative work.
Activity #8 - Green Buildine Codes Inspection Trainine Proeram: DOE has made a final
NEP A Determination for this activity, which is categorically excluded from further NEP A
reVIew.
If you move forward with activities that are not authorized for Federal funding by the DOE
Contracting Officer ,in advance of the final NEP A decision, you are doing so at risk of not
receiving Federal fUnding and such costs may not be recognized as allowable cost share.
If this award includes construction activities, you must submit an environmental evaluation
report/evaluation notification form addressing NEP A issues prior to DOE initiating the
NEP A process.
18. HISTORIC PRESERVATION
Prior to the expenditure of Federal funds to alter any structure or site, the Recipient is
required to comply with the requirements of Section 106 of the National Historic
Preservation Act (NHP A), consistent with DOE's 2009 letter of delegation of authority
regarding the NHP A. Section 106 applies to historic properties that are listed in or eligible
for listing in the National Register of Historic Places. In order to fulfill the requirements of
Section 106, the recipient must contact the State Historic Preservation Officer (SHPO), and,
if applicable, the Tribal Historic Preservation Officer (THPO), to coordinate the Section 106
review outlined in 36 CFR Part 800. SHPO contact information is available at the following
link: http://www.ncshpo.org/find/index.htm. THPO contact information is available at the
following linlc http://www.nathpo.org/map.html.
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Section 11 O(k) of the NHP A applies to DOE funded activities. ReCipients shall avoid taking
any action that results in an adverse effect to historic properties pending compliance with
Section 106.
Recipients should be aware that the DOE Contracting Officer will consider the recipient in
compliance with Section 106 of the NHPA only after the Recipient has submitted adequate
background documentation to the SHPOffHPO for its review, andthe SHPO/THPO has
provided written concurrence to the Recipient that it does not object to its Section 106
finding or determination. Recipient shall provide a copy of this concurrence to the
Contracting Officer.
19. WASTE STREAM
Prior to the expenditure of Federal funds to dispose of sanitary or hazardous waste, the
Recipient is required to provide documentation to the Project Officer demonstrating that-it
has prepared a disposal plan for sanitary or hazardous waste generated by the proposed
activities. Sanitary or hazardous waste includes, but is not limited to, old light bulbs, lead
ballasts, piping, roofing material, discarded equipment, debris, asbestos, etc.
The DOE Contracting Officer shall consider compliance with this clause complete only after
the Recipient has submitted adequate documentation to DOE for its review, and DOE has
provided written approval to the Recipient of its proposed plan to dispose of its sanitary or
hazardous waste.
20. DECONT AMINA TION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be
responsible for or have any obligation to the Recipient for (i) Decontamination and/or
Decommissioning (D&D) of any of the Recipient's facilities, or (ii) any costs which may be
incurred by the Recipient in connection with the D&D of any of its facilities due to the
performance of the work under this Agreement, whether said work was performed prior to or
subsequent to the effective date of the Agreement.
21. SUBCONTRACT/SUBGRANT APPROVALS
a. In the original application, subcontractor(s)/subgrantee(s) were not identified by the
recipient, with the exception of the Children's Museum of Naples for the activity titled:
Children's Museum of Naples Energy Savings and Renewable Energy Projects. The
buildings and facilities activity, performed by the Children's Museum of Naples, is
approved and funds are released in the amount of $250,000. In order to receive
reimbursement for the costs associated with the unidentified subcontractors/activities
listed in the approved Statement of Project Objectives (SOPO), each subcontract/sub grant
must be approved by the DOE Contracting Officer.
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b. Upon the recipient's selection of the subcontractor(s)/subgrantee(s), and within 180 days
of the award date in Block 27 of the Assistance Agreement, the recipient shall provide the
following information for each, regardless of dollar amount:
- Name
- DUNS Number
- A ward Amount
- Statement of work including applicable activities
- EF -1 for all proposed activities
c. In addition to the information in paragraph b. above, for each subcontractlsubgrant that
has an estimated cost greater than 25% of the Total Allocation or $1,000,000, whichever
is less, the recipient must submit a Statement of Objectives, SF424A Budget Information
- Nonconstruction Programs, and PMC 123.1 Cost Reasonableness Determination for
Financial Assistance. The DOE Contracting Officer may require additional information
concerning these subcontract(s)/subgrant(s) prior to providing written approval.
d. No funds shall be expended on the subcontracts supporting the activities listed in the
approved SOPO until DOE approval is provided. DOE does not guarantee or assume any
obligation to reimburse costs incurred by the Recipient or subcontractor for these
activities, until approval is provided in writing by the Contracting Officer.
e. Upon written approval by the Contracting Officer, the Recipient may then receive
payment for the activities listed in the approved SOPO for allowable costs incurred in
accordance with the payment provisions contained in the Special Terms and Conditions
of this agreement.
22. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was
enacted to preserve and create jobs and promote economic recovery, assist those most
impacted by the rectssion, provide investments needed to increase economic efficiency by
spurring technological advances in science and health, invest in transportation, environmental
protection, and other infrastructure that will provide long-term economic benefits, stabilize
State and local government budgets, in order to minimize and avoid reductions in essential
services and counterproductive State and local tax increases. Recipients shall use grant funds
in a manner that maximizes job creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating
generally to governance, accountability, transparency, data collection and resources as
specified in Act itself and as discussed below.
Recipients should begin planning activities for their first tier subrecipients, including
obtaining a DUNS number (or updating the existing DUNS record), and registering with the
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Central Contractor Registration (CCR).
Be advised that Recovery Act 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 Recovery Act and related guidance. For projects funded by
sources other than the Recovery Act, Contractors must keep separate records for Recovery
Act funds and to ensure those records comply with the requirements of the Act.
The Government has not fully developed the implementing instructions of the Recovery Act,
particularly concerning specivc procedural requirements for the new reporting requirements.
The Recipient will be provided these details as they become available. The Recipient must
comply with all requirements of the Act. If the recipient believes there is any inconsistency
between ARRA requirements and current award terms and conditions, the issues will be
referred to the Contracting Officer for reconciliation. --
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from
appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5.
Covered Funds will have special accounting codes and will be identified as Recovery Act
funds in the grant, cooperative agreement or TIA and/or modification using Recovery Act
funds. Covered Funds must be reimbursed by September 30, 2015.
Non-Federal employer means any employer with respect to covered funds -- the contractor,
subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor,
grantee, or recipient is an employer; and any professional membership organization,
certification of other professional body, any agent or licensee of the Federal government, or
any person acting directly or indirectly in the interest of an employer receiving covered
funds; or with respect to covered funds received ~y a State or local government, the State or
local government receiving the funds and any contractor or subcontractor receiving the funds
and any contractor or subcontractor of the State or local government; and does not mean any
department, agency, or other entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal
government (including Recovery Act funds received through grant, loan, or contract) other
than an individual and includes a State that receives Recovery Act Furds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the
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Recovery Act. Financial and accounting systems should be revised as necessary to
segregate, track and maintain these funds apart andseparate from other revenue streams. No
part of the funds from the Recovery Act shall be commingled with any other funds or used
for a purpose other than that of making payments for costs allowable for Recovery Act
projects.
C. Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and
Reinvestment Act of2009, Pub. L. 111-5, may be used by any State or local government, or
any private entity, for any casino or other gambling establishment, aquarium, zoo, golf
course, or swimming pool.
D. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the
funds appropriated or otherwise made available by the American Recovery and Reinvestment
Act of2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed
under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the
Comptroller General is authorized --
(1) to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to, and
involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency
regarding such transactions.
E. Publication
An application may contain technical data and other data, including trade secrets and/or
privileged or confidential information, which the applicant does not want disclosed to the
public or used by the Government for any purpose other than the application. To protect
such data, the applicant should specifically identify each page including each line or
paragraph thereof containing the data to be protected and mark the cover sheet of the
application with the following Notice as well as referring to the Notice on each page to which
the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages ---- of this application have been submitted in confidence and
contain trade secrets or proprietary information, and such data shall be used or disclosed only
for evaluation purposes, provided that if this applicant receives an award as a result of or in
connection with the ~ubmission of this application, DOE shall have the right to use or
disclose the data here to the extent provided in the award. This restriction does not limit the
Government's right to use or disclose data obtained without restriction from any source,
including the applicant.
Information about this agreement will be published on the Internet and linked to the website
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WWW.recovery.gov, maintained by the Accountability and Transparency Board. The Board
may exclude posting contractual or other information on the website on a case-by-case basis
when necessary to protect national security or to protect information that is not subject to
disclosure under sections 552 and 552a of title 5, United States Code.
F. Protecting State and Local Government and Contractor Whistleblowers.
The requirements of Section 1553 of the Act are summarized below. They include, but are
not limited to:
Prohibition on Reprisals: An employee of any non-Federal employer receiving covered
funds under the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, may not
be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing,
including a disclosure_made in the ordinary course of an employee's duties, to the
Accountability and Transparency Board, an inspector general, the Comptroller General, a
member of Congress, a State or Federal regulatory or law enforcement agency, a person with
supervisory authority over the employee (or other person working for the employer who has
the authority to investigate, discover or terminate misconduct), a court or grant jury, the head
of a Federal agency, or their representatives information that the employee believes is
evidence of:
_ gross management of an agency contract or grant relating to covered funds;
- a gross waste of covered funds;
_ a substantial and specific danger to public health or safety related to the implementation
or use of covered funds;
_ an abuse of authority related to the implementation or use of covered funds; or
_ as violation of law, rule, or regulation related to an agency contract (including the
competition for or negotiation of a contract) or grant, awarded or issued relating to covered
funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an
alleged reprisal, the head of the agency shall determine whether there is sufficient basis to
conclude that the non-Federill employer has subjected the employee to a prohibited reprisal.
The agency shall either issue an order denying relief in whole or in part or shall take one or
more of the following actions:
_ Order the employer to take affirmative action to abate the reprisal.
_ Order the employer to reinstate the person to the position that the person held before the
reprisal, together with compensation including back pay, compensatory damages,
employment benefits, and other terms and conditions of employment that would apply to the
person in that position if the reprisal had not been taken.
_ Order the employer to pay the employee an amount equal to the aggregate amount of all
costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably
incurred by the employee for or in connection with, bringing the complaint regarding the
reprisal, as determined by the head of a court of competent jurisdiction.
Nonenforceability of Certain Provisions Waiving Rights and remedies or Requiring
Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies
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provided to aggrieved employees by this section may not be waived by any agreement,
policy, form,or condition of employment, including any predispute arbitration agreement.
No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a
dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds
under the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, shall post notice
of the rights and remedies as required therein. (Refer to section 1553 of the American
Recovery and Reinvestment Act of2009, Pub. L. 111-5, www.Recovery.gov, for specific
requirements of this ,'section and prescribed language for the notices.).
I
G. Reserved
H. False Claims Act
-
Recipient and sub-recipients 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.
1. Information in Support of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds under
the Recovery Act including such items as timecards and invoices. Recipient shall provide
copies of backup documentation at the request of the Contracting Officer or designee.
J. Availability of Funds
Funds obligated to this award are available for reimbursement of costs until 36 months after
the award date.
K. Additional Funding Distribution and Assurance of Appropriate Use of Funds
Certification by Governor - For funds provided to any State or agency thereof by the
American Reinvestment and Recovery Act of2009, Pub. L. 111-5, the Governor of the State
shall certify that: I) the state will request and use funds provided by the Act; and 2) the funds
will be used to create jobs and promote economic growth.
Acceptance by State Legislature -- If funds provided to any State in any division of the Act
are not accepted for use by the Governor, then acceptance by the State legislature, by means
of the adoption of a concurrent resolution, shall be sufficient to provide funding to such
State.
Distribution -- After adoption of a State legislature's concurrent resolution, funding to the
State will be for distribution to local governments, councils of government, public entities,
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and public-private entities within the State either by formula or at the State's discretion.
L. Certifications
With respect to funds made available to State or local governments for infrastructure
investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the
Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this
award that the infrastructure investment has received the full review and vetting required by
law and that the chief executive accepts responsibility that the infrastructure investment is an
appropriate use of taxpayer dollars. Recipient shall provide an additional certification that
includes a description of the investment, the estimated total cost, and the amount of covered
funds to be used for posting on the Internet. A State or local agency may not receive
infrastructure. investment funding from funds made available by the Act unless this
- certification is made and posted.
23. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512
OF THE RECOVERY ACT
(a) This award requires the recipient to complete projects or activities which are funded
under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report
on use of Recovery Act funds provided through this award. Information from these reports
will be made available to the public.
(b) The reports are due no later than ten calendar days after each calendar quarter in which
the Recipient receives the assistance award funded in whole or in part by the Recovery Act.
(c) Recipients and their first-tier subrecipients must maintain current registrations in the
Central Contractor Registration (http://www.ccr.gov) at all times during which they have
active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal
Numbering System (DUNS) Number (http://www.dnb.com) is one of the requirements for
registration in the Central Contractor Registration.
(d) The recipient shall report the information described in section 1512(c) of the Recovery
Act using the reporting instructions and data elements that will be provided online at
http://www.FederaIReporting.gov and ensure that any information that is pre-filled is
corrected or updated as needed.
24. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS -- SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this award should be American-made.
*Special Note: Definitization of the Provisions entitled, "REQUIRED USE OF AMERICAN
IRON, STEEL, AND MANUFACTURED GOODS - SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009" and "REQUIRED USE
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OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER
INTERNATIONAL AGREEMENTS) - SECTION 1605 OF THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009" will be done upon definition and
review of final activities.
25. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
_ SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT
OF 2009
(a) Definitions. As used in this award term and condition-
(1) Manufactured good means a good brought to the construction site for incorporation into
the building or work that has been-
(i) Processed into a specific form and shape; or -.
(ii) Combined with other raw material to create a material that has different properties than
the properties ofthe1individual raw materials.
(2) Public building and public work means a public building of, and a public work of, a
_ governmental entity (the United States; the District of Columbia; commonwealths, territories,
and minor outlying islands of the United States; State and local governments; and multi-
State, regional, or interstate entities which have governmental functions). These buildings --
and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of
such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent
carbon, and may include other elements.
(b) Domestic preference. (1) This award term and condition implements Section 1605 of the
American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by
requiring that all iron, steel, and manufactured goods used in the project are produced in the
United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as
follows:
To Be Determined
(3) The award official may add other iron, steel, and/or manufactured goods to the list in
paragraph (b)(2) of this section and condition if the Federal Government determines that-
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(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable.
The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable
when the cumulative cost of such material will increase the cost of the overall project by
more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be
inconsistent with the public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act. (1 )(i)
Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
with paragraph (b)(3) of this section shall include adequate information for Federal
Government evaluation of the request, including-,--
(A) A description ofthe foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured
goods cited in accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and
a completed cost comparison table in the format in paragraph (d) ofthis section.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery
costs to the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated. If the recipient does not submit
a satisfactory explanation, the award official need not make a determination.
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(2) If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the
Recovery Act applies, the award official will amend the award to allow use of the foreign
iron, steel, and/or relevant manufactured goods. When the basis for the exception is
nonavailability or public interest, the amended award shall reflect adjustment of the award
amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated
with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the
basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured
goods, the award official shall adjust the award amount or redistribute budgeted funds by at
least the differential established in 2 CFR 176.11 O(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the
Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant
with section 1605 of the American Recovery ~~_ Reinvestment Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the Recipient shall include the following information and any applicable
supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Unit of Cost
Description measure Quantity (dollars)*
Item 1: I
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Item 2:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed.
Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
*lnclude all delivery costs to the construction site.
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26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) - SECTION 1605
OF THE AMEIUCAN RECOVERY AND REINVESTMENT ACT OF 2009
(a) Definitions. As used in this award term and condition-
Designated country - (I) A World Trade Organization Government Procurement
Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland,
Ireland, Israel, Italy, Japan, Korea (Republic ot), Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak'
Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom;
(2) A Free Trade Agreement (FT A) country (Australia, Bahrain, Canada, Chile, Costa Rica,
Dominican Republic, EI Salvador, Guatemala, Honduras, Israel, Mexico, Morocco,
Nicaragua, Oman, Peru, or Singapore); or I
(3) A United States-European Communities Exchange of Letters (May 15, 1995) country:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and
United Kingdom.
Designated country iron, steel, and/or manufactured goods - (1) Is wholly the growth,
product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from
another country, has been substantially transformed in a designated country into a new and
different manufactured good distinct from the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good - (1) Is wholly the growth, product, or
manufacture of the United States; or
,
(2) In the case of a manufactured good that consists in whole or in part of materials from
another country, has been substantially transformed in the United States into a new and
different manufactured good distinct from the materials from which it was transformed.
There is no requirement with regard to the origin of components or subcomponents in
manufactured goods or products, as long as the manufacture of the goods occurs in the
United States.
Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good
that is not domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the
building or work that has been-
19
DE-E~~~~~' 16E5
e ,2009
County 0 ~o1rf:ta'~~8 of 57
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than
the properties of the individual raw materials.
Public building and public work means a public building of, and a public work of, a
governmental entity (the United States; the District of Columbia; commonwealths, territories,
and minor outlying islands of the United States; State and local governments; and multi-
State, regional, or interstate entities which have governmental functions). These buildings
and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of
such buildingS-aIld works.
Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon,
and may include other elements.
(b) Iron. steel, and manufactured goods. (1) The award term and condition described in this
section implements-
(i) Section 1605(a) of the American Recovery and Reinvestment Act of2009 (Pub. L. 111-5)
(Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project
are produced in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a
manner consistent with U.S. obligations under international agreements. The restrictions of
section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or
manufactured goods. The Buy American requirement in section 1605 shall not be applied
where the iron, steel or manufactured goods used in the project are from a Party to an
international agreement that obligates the recipient to treat the goods and services of that
Party the same as domestic goods and services. This obligation shall only apply to projects
with an estimated value of $7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured
goods in perfonning the work funded in whole or part with this award, except as provided in
paragraphs (b)(3) and (b)(4) ofthis section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and
manufactured goods listed by the Federal Government as follows:
To Be Determined
(4) The award official may add other iron, steel, and manufactured goods to the list in
paragraph (b)(3) of this section if the Federal Government detennines that-
20
DE-~~{Jf~' 16E5
e ,2009
County of ollR3"gfee of 57
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The
cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable
when the cumulative cost of such material will increase the overall cost of the project by
more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available commercial quantities of a satisfactory quality;
or I
,
(iii) The application of the restriction of section 1605 of the Recovery Act would be
inconsistent with the public interest.
(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the
Buy American Act. (l)(i) Any recipient request to use foreign iron, steel, and/or manufactured --
goods in accordance with paragraph (b)(4) of this section shall include adequate information
for Federal Government evaluation of the request, including-
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(0) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured
goods cited in accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and
a completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the
construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated. If the recipient does not submit
a satisfactory explanation, the award official need not make a determination.
21
DE-E~'I~trn~. 16E5
e 9,2009
County 0 0 lft.!ig~ 0 of 57
(2) Ifthe Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the
Recovery Act applies, the award official will amend the award to allow use ofthe foreign
iron, steel, and/or relevant manufactured goods. When the basis for the exception is
nonavailability or public interest, the amended award shall reflect adjustment of the award
amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover
costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured
goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel,
or manufactured goods, the award official shall adjust the award amount or redistribute
budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.11 O(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the
Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than
- designated country iron, steel, and/or manufactured goods is noncompliant with the
applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cost, the applicant shall include the following information and any applicable
supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Unit of Cost
Description measure Quantity (dollars)*
Item 1:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Item 2:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed.
Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
*Include all delivery costs to the construction site.
I 22
!
DE-~~~~', 1~~~
County of Coll1fut9EFR,1 of 57
27, WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF T.HE RECOVERY
ACT
(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by
contractors and subcontractors on projects funded directly by or assisted in whole or in part
by and through the Federal Government pursuant to the Recovery Act shall be paid wages at
rates not less than those prevailing on projects of a character similar in the locality as
determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the
Department of Labor has issued regulations at 29 CFR parts 1,3, and 5 to implement the
Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning
application of the standard Davis-Bacon contract clauses set forthj!l that section. Federal
agencies providing grants, cooperative agreements, and loans under the Recovery Act shall
ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are
incorporated in any resultant covered contracts that are in excess of $2,000 for construction,
alteration or repair (including painting and decorating).
(b) For additional guidance on the wage rate requirements of section 1606, contact your
awarding agency. Recipients of grants, cooperative agreements and loans should direct their
initial inquiries concerning the application of Davis-Bacon requirements to a particular
federally assisted project to the Federal agency funding the project. The Secretary of Labor
retains final coverage authority under Reorganization Plan Number 14.
28. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES
OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR
INFORMING SUBRECIPIENTS
(a) To maximize the transparency and accountability of funds authorized under the American
Recovery and Reinvestment Act of2009 (Pub. L. 111-5) (Recovery Act) as required by
Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirements for
Grants and Agreements" and OMB Circular A-I02 Common Rules provisions, recipients
agree to maintain records that identify adequately the source and application of Recovery Act
funds. OMB Circular A-I 02 is available at
http://www. whitehouse.govlomblcirculars/al 021al 02. htm/.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular
A-I33, "Audits of States, Local Governments, and Non-Profit Organizations," recipients
agree to separately identify the expenditures for Federal awards under the Recovery Act on
the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-
SAC) required by OMB Circular A-l33. OMB Circular A-133 is available at
htfp:l/www. whitehouse.gov/omblcirculars/al33/al33.html. This shall be accomplished by
identifying expenditures for Federal awards made under the Recovery Act separately on the
SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and
23
DE-E~~~~~' 16E5
. ,2009
County of 01lR:fgf13.2 of 57
inclusion ofthe 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.
(c) Recipients agree to separately identify to each subrecipient, and document at the time of
sub award and at the time of disbursement of funds, the Federal award number, CFDA
number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds
foran existing program, the information furnished to subrecipients shall distinguish the
subawards of increm~ntal Recovery Act funds from regular subawards under the existing
program. I
(d) Recipients agree to require their subrecipients to include on their SEFA information to
specifically identify Recovery Act funding similar to the requirements for the recipient SEFA
described above. This information is needed to allow the recipient to properly monitor
subrecipientexpenditure of ARRA funds as well as oversight by the Federal awarding
agencies, Offices of Inspector General and the Government Accountability Office.
29. DA VIS-BACON ACT REQUIREMENTS
Note: Where necessary to make the context of these articles applicable to this award, the
term "Contractor" shall mean "Recipient" and the term "Subcontractor" shall mean
"Subrecipient or Subcontractor" per the following definitions.
Recipient means the organization, individual, or other entity that receives an award from
DOE and is financially accountable for the use of any DOE funds or property provided for
the performance of the project, and is legally responsible for carrying out the terms and
conditions of the award.
Subrecipient means the legal entity to which a subaward is made and which is accountable to
the recipient for the use of the funds provided. The term may include foreign or international
organizations (such as agencies of the United Nations).
Davis-Bacon Act
(a) Definition.--"Site of the work"n
(1) Means--
(i) The primary site of the work. The physical place or places where the construction called
for in the award will remain when work on it is completed; and
(ii) The secondary site of the work, if any. Any other site where a significant portion of the
building or work is constructed, provided that such site is--
(A) Located in the United States; and
(B) Established specifically for the performance of the award or project;
24
DE ~~m~.16E5
- . ,2009
County of . ollRageF13 of 57
(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants,
mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided--
(i) They are dedicated exclusively, or nearly so, to performance of the award or project; and
(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in
paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(l)(ii) of
this definition;
(3) Does not include permanent home offices, branch plant establishments, fabrication plants,
or tool yards of a Contractor or subcontractor whose locations and continuance in operation
are determined wholly without regard to a particular Federal award or project. In addition,
fabrication plants, batch plant.s,_ borrow pits, job headquarters, yards, etc., of a commercial or
material supplier which are established by a supplier of materials for the project before
opening of bids and not on the Project site, are not included in the "site of the work." Such
permanent, previously established facilities are not a part of the "site of the work" even if the
operations for a period of time may be dedicated exclusively or nearly so, to the performance
of a award.
(b) (I) All laborers and mechanics employed or working upon the site of the work will be
paid unconditionally and not less often than once a week, and without subsequent deduction
or rebate on any account (except such payroll deductions as are permitted by regulations
issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof, or as may be incorporated for a
secondary site of the work, regardless of any contractual relationship which may be alleged
to exist between the Contractor and such laborers and mechanics. Any wage determination
incorporated for a secondary site of the work shall be effective from the first day on which
work under the award was performed at that site and shall be incorporated without any
adjustment in award price or estimated cost. Laborers employed by the construction
Contractor or construction subcontractor that are transporting portions of the building or
work between the secondary site of the work and the primary site of the work shall be paid in
accordance with the wage determination applicable to tl)e primary site of the work.
(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1 (b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this
article; also, regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such period.
(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and
fringe benefits in the wage determination for the classification of work actually performed,
without regard to skill, except as provided in the article entitled Apprentices and Trainees.
25
'iRenda Item No. 16E5
DE-E ~-B6~OO, 2009
County of Colllf~Ef~4 of 57
Laborers or mechanics performing work in more than one classification may be compensated
at the rate specified for each classification for the time actually worked therein; provided,
that the employer's payroll records accurately set forth tHe time spent in each classification in
which work is performed.
(4) The wage determination (including any additional classifications and wage rates
conformed under paragraph (c) of this article) and the Davis-Bacon poster (WH-132l) shall
be posted at all times by the Contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
(c) (1) The Contracting Officer shall require that any class of laborers or mechanics which is
not listed in the wage determination and which is to be employed under the award shall be
classified in conformance with the wage determination. The Contracting Officer shall
approve an additional classification and wage rate and fringe benefits therefore only when all --
the foIlowing criteria have been met:
(i) The work to be performed by the classification requested isnot performed by a
classification in the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives and the Contracting Officer agree on the classification and
wage rate (including the amount designated for fringe benefits, where appropriate), a report
of the action taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every
additional classification action within 30 days ofreceipt and so advise the Contracting
Officer or will notify the Contracting Officer within the 30-day period that additional time is
necessary.
(3) In the event the Contractor, the laborers or mechanics to be employed in the
classification, or their representatives, and the Contracting Officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe benefits,
where appropriate), the Contracting Officer shall refer the questions, including the views of
all interested parties and the recommendation ofthe Contracting Officer, to the Administrator
of the Wage and Hoyr Division for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the
26
~.
DE-~_~~' 16E5
,2009
County of ol~Efk5 of 57
Contracting Officer or will notify the Contracting Officer within the 30-day period that
additional time is necessary.
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
subparagraphs (c )(2) and (c )(3) of this article shall be paid to all workers performing work in
the classification under this award from the first day on which work is performed in the
classification.
(d) Whenever the minimum wage rate prescribed in the award for a class oflaborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
-.(e) If the Contractor does not make payments to a trustee or other third person, the Contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program;
provided, that the Secretary of Labor has found, upon the written request of the Contractor,
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
Rates of Wages - Prior Approval for Proceeding with Davis-Bacon Construction Activities
If the Recipient determines at any time that any construction, alteratio ,or repair activity as
defined by 29 CFR 5.2(j) (htt ://cfr.vlex.comlvid/5-2-definitions-196 1309 will be
performed during the course of the project, the Recipient shall request approval from the
Contracting Officer prior to commencing such work. If the Contracting Officer concurs with
the Recipient's determination, the Recipient must receive Contracting Officer approval to
proceed with such activity, and must comply with all applicable Davis-Bacon requirements,
prior to commencing such work. A modification to the award which incorporates the
appropriate Davis-Bacon wage rate determination(s) will constitute the Contracting Officer's
approval to proceed. If the Contracting Officer does not concur with the Recipient's
determination, the Contracting Officer will so notify the Recipient in writing.
27
Agenda Item-No:-16E5--"
NOT SPECIFIED /OTHER September 29, 2009
PaQ8 36 of 57
ASSISTANCE AGREEMENT
Award No. 2. Modification No. 3. Effective Date 4. CFDA No.
E:-EEOOO0783 08/31/2009 81.128
Awarded To 6, Sponsoring Office 7. Period of Performance
OUNTY OF COLLIER Golden Field Office 08/31/2009
ttn: MARLENE FOaRD u.s. Department of Energy through
301 TAMIAMI. TRAIL E Golden Field Office 08/30/2012
APLES FL 341123969 1617 Cole Blvd.
Golden CO 80401
Type of Agreement 9. Authority 10. Purchase Request or F~nding Document No.
KI Grant PL 110-140, EISA 2007 09EE003947
J Cooperative Agreement PL 111-5, Recovery Act 2009
] Other
I. Remittance Address 12. Total Amount 13. Funds ObligllteLl__
)UNTY OF COLLIER Govt. Share: $3,036,OOO~00 This action: $3,036,000.00
ttn: MARLENE FOORD Cost Share I $0.00 Total : $3,036,000.00
301 TAMIAMI TRAIL E Total : $3,036,000.00
~PLES FL 341123969
I. Principal Investigator 15. Program Manager 16. Administrator
:lrlene Foord patricia S. St. Germain Golden Field Office "..~
none: 239-252-4768 Phone: 303-275-4874 U.S. Department of Energy
Golden Field Office
1617 Cole Blvd.
Golden CO 80401-3393
r Submit Payment Requests To 18. Paying Office 19. Submit Reports To
See Attachment #2
l. Accounting and Appropriation Data
~CBG Program
. Research Title and/or Description of Project
~COVERY ACT: COLLIER COUNTY ENERGY CONSERVATION PROGRAM
. For the Recipient For the United States of America
!. Signature of Person Authorized to Sign 25. Signature of Grants/A9reem~nts Officer
~~ ~III:-' - - ~v-__
I. Name and Title 24. Date Signed 26. Name of Officer 27. Date Signed
Melissa Y. Wise 09/oa/2009
proved as to form & legal sufficiency ATTEST:
NOT SPECIFIED /OTHER DWIGHT E. BROCK. Clerk
Colleen Greene. By:
I
,
u.._..;-__",..
NOT SPECIFIED laTHER
REFERENCE NO. OF DOCUMENT BEING CONTINUED
:ONTINUA TION SHEET DE-EEOOO0783
AME OF OFFEROR OR CONTRACTOR
~y OF COLLIER
l. .NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(A) (B) (C) (D) (E) (F)
DUNS Number: 076997790
In addition to this Assistance Agreement, this
award consists of the items listed in the special
Terms and Conditions, provision 2, Award
Agreement Terms and Conditions.
In Block 7 of the Assistance Agreement, the
Period of Performance reflects the beginning of
the project through the end of the current Budget
Period, shown as 08/31/2009 through 08/30/2012.
Blocks 12 and 13 of this Assistance Agreement
indicate the Total obligated Amount of this
- project, which is the Recipient's total
allocation. The funds available in ASAP to the
Recipient through this action is limited to
$424,903 due to the restrictions in provision I
Number 17, National Environmental Policy Act I
(NEPA) Requirements and provision Number 21,
Subcontract/subgrant Approvals, in the Special
Terms and Conditions. Once these conditions have
been met, the remaining funds will be released to
the Recipient according to provision Number 16,
Staged Disbursement, of the special Terms and
conditions.
DOE Award Administrator: Nicole Blackstone
E-mail: nicole.blackstone@go.doe.gov
Phone: 303-275-4879
DOE project Officer: patricia St. Germain
E-mail: patricia.stgermain@go.doe.gov
Phone: 303-275-4874
Recipient Business Officer: Marlene Foord
E-mail: marlenefoord@colliergov.net
phone: 239-252-4768
Recipient Principal Investigator: Marlene Foord
E-mail: marlenefoord@colliergov.net
Phone: 239-252-4768
Electronic signature or signatures as used in
this document means a method of signing an
electronic message that--
(A) Identifies and authenticates a particular
person as the source of the electronic message;
(B) Indicates such person's approval of the
information contained in the electronic message;
and,
Continued .. .
July 200.
NOT SPECIFIED laTHER
NOT SPECIFIED jOTHER
REFERENCE NO. OF DOCUMENT BEING CONTINUED
:ONTINUA TION SHEET DE-EEOOOO7B3
A.ME OF OFFEROR OR CONTRACTOR
OUNTY OF COLLIER
ITEM NO. SUPPLIES/SERVICES QUANTITY UNI UNIT PRICE AMOUNT
(A) (B) (C) (D) (E) (F)
(C) Submission via FedConnect constitutes
electronically signed documents.
ASAP: Yes Extent Competed: NOT AVAIL FOR COMP
Delivery Location Code; 03601
Golden Field Office
U.S. Department of Energy
Golden Field Office
1617 Cole Blvd.
Golden CO 80401-3393
Payment:
OR for Golden
U.S. Department of Energy
Oak Ridge Financial Service Center --
P.O. Box 4517
Oak Ridge TN 37831
Fund: 05796 Appr Year: 2009 Allottee: 31 Report
Entity: 200835 Object Class: 41020 Program:
1005115 Project: 2004350 WFO: 0000000 Local Use:
0000000 TAS Agency: 89 TAB Account: 0331
July 200
NOT SPECIFIED /OTHER
Agenda Item No. 16E5
DE-~9, 2009
AltachfileijJ~ 139 of 57
STATEMENT OF PROJECT OBJECTIVES
COWlty or Collier, FL
Collier County Energy Conservation Program
A. PROJECT OBJECTIVES
The purpose of this award is to implement the Recipient's Energy Efficiency & Conservation
Strategy (EEC&S) in order to reduce fossil fuel emissions; reduce total energy use of the eligible
entities; and improve energy efficiency in the building sector, the transportation sector, and other
appropriate sectors, along with creating jobs.
B. PROJECT SCOPE
The scope for this award is the implementation of the EEC&S and all supporting documentation
necessary for the proposed activities (Attached).
C. PROJECT MANAGEMENT AND REPORTING
Reports and deliverables will be provided in accordance with the Federal Assistance Reporting
Checklist.
I
EECBG Activity Worksheet Agenda Item No. 16E5
Grantee: Collier County o t ' 06/24/~tember 29, 2009
DUNS #: 76997790 a e. P::lgo 40 of 57
Program Contact Email: marlenefoord@colliergov. net
Program Contact First Name: Marlene Last Name: Foord
Project Title: Facilities Management Energy Efficiency Retrofits
Activity: 5. Energy Efficiency Retrofits If Other:
Sector: Public If Other:
Proposed Number of Jobs Created: 4.00 Proposed Number of Jobs Retained:
Proposed Energy Saved and/or Renewable Energy Generated: 1,098,784 kWh per year
Proposed GHG Emissions Reduced (C02 Equivalents): 657.000
Proposed Funds leveraged: $70,000.00
Proposed EECBG Budget: 665,510.00
Projectec. Costs Within Budget: Administration: $24,388.00 Revolving loans: Subgrants:
Project Contact First Name: Skip Last Name: Camp Emai/: skipcamp~collier90v,net
Metric Activity: Building Retrofits If Other:
Project Summary: (limit summary to space provided) --
Collier County will utilize its EECBG formula funding to fund a mixture of lighting and electrical
improvements, mechanical improvements, renewable energy and planning initiatives.
Project Activity 1: Facilities Management Energy Efficiency Retrofits.
This activity involves six electrical and mechanical projects on the main government campus, which is
a 45 acre complex in the heart of Collier County. The campus includes the County courthouse,
administration buildings, the health department, the jail and a host of constitutional offices, all of
which draw significant power to operate. Improving the energy efficiency of the building systems will
also reduce the operating funds needed to operate these facilities.
Collier County uses the thermal energy of ice created at night during off-peak hours to cool the
buildings during daytime peak usage periods. This shifts the electrical load to off-peak hours, while
avoiding higher price energy and demand charges imposed by utilities. An estimated $46,000 Florida -
Power and Light rebate is received as an incentive for this project. The project proposed for EECBG
funding is to add 6 additional units to further enhance the already efficient system in place. The
energy savings for this project is estimated at 132,298 kWh per year, the expected C02 reduction is 79
metric tons and the annual dollar savings is expected to be $11,113.
Related to this project is the replacement of a 22 year old chiller with a newer more efficient unit.
This will decrease the energy usage and maintenance while increasing capacity to meet Collier County's
growing demand. An estimated $12,000 Florida Power and Light rebate is received as an incentive for
this project. The energy savings for this project is estimated at 280,000 kWh per year, the expected
C02 reduction is 167 metric t~ns and the annual dollar savings is expected to be $24,000.
The three lighting and electrical projects include retrofitting 70 Code Blue Emergency Lamps from low
efficiency to high efficiency units, installing 1,000 occupancy sensors around campus and installation
of a central computer management software system to continuously monitor an office space to determine
if it is occupied. A non-occupied station will automatically be placed into a hibernation state
effectively reducing energy usage. The energy savings for these projects is estimated at 680,092 kWh
per year, the expected C02 reduction is 407 metric tons and the annual dollar savings is expected to
be $57,127.
The last of the Facilities Management retrofit projects involves installation of solar panels on 17
existing utility carts that are used regularly on campus to maintain campus facilities. This project
will reduce electricity costs while extending the useful life of the batteries already installed on I
the carts by 30%. The added benefit of this project is the visibility to the public who visit the
government complex. The energy savings for this project is estimated at 6,404 kWh per year, the
expected C02 reduction 'is 4 metric tons, and the annual dollar savings is expected to be $538.
The total estimated cost for these projects is $665,510 and Florida Power and Light rebates in the
amount of $58,000 will be received as an incentive, demonstrating the commitment of the local utility
provider to the reduction of energy use and greenhouse gas. Furthermore, county staff will provide the
labor for installation of the occupancy sensors at a leverage value of approximately $12,000.
Total energy savings are 1,098,784 kWh per year and 657 metric tons of CO2.
The total project cost is $665,510. Approximately $24,388 of the "administrative costs" are being
allocated to this project for a total EECBG request for this project of $689,898.
/I you are proposing more than one activity, save this file as many times as needed wIth successive page numbers. For example: .OH-CITY.Columbus-
Project Activity page 1.pdf,' .OH-CITY-Columbus-Project Activfly page 2.pdf,' and continue as needed.
EECBG Activity Worksheet Agenda Item No. 16E5
Collier County Secrstember 29, 2009
Grantee: Date: 06/11/20 9. P~OP41 ()fr::..7
DUNS #: 76997790 Program Contact Email: marlenefoord@colliergov.net
Program Contact First Name: Marlene' Last Name: Foord
Project Title: Parks and Recreation Green Lighting System Retrofits
Activity: 5. Energy Efficiency Retrofits If Other:
Sector: Public If Other:
Proposed Number of Jobs Created: 7.00 Proposed Number of Jobs Retained: 665,811.00
Proposed Energy Saved and/or Renewable Energy Generated: 177,275 kwh per year
Proposed GHG Emissions Reduced (C02 Equivalents): 106.030
Proposed Funds Leveraged: $0.00
Proposed EECBG Budget: 665,811.00
Projected Costs Within Budget: Administration: $34,399.00 Revolving loans: Subgrants:
Project Contact First Name: vicky Last Name: Ahmad Email: vickyahmad.colliergov.net
Metric Activity: Building Retrofits If Other:
Project Summary: (limit summary to space provided)
Collier County will utilize its EECBG formula funding to fund a mixture of lighting and electrical
improvements, mechanical improvements, renewable energy and planning/training initiatives.
Project Activity 2: Parks and Recreation Department Light Fixture Retrofits
This activity involves energy efficient retrofits of light fixtures at two sport complexes. The
Immokalee Community Park has 2 tennis courts, 4 basketball courts, 1 softball field and 1 baseball
field. At the Gulf Coast Community Park, there are 2 little league baseball fields.
By retrofitting the existing floodlight fixtures, the KW demand will be reduced by approximately 30\.
The useful lamp life hours of lighting fixtures increase from 3,000 to 5,000 hours. The lighting has
been proven to reduce overall consumption of energy, is easy to install by contractors, enhances the
playing conditions for participants and is less obtrusive to neighbors and the environment.
Furthermore, because lights last longer, fewer bulbs need to be replaced, resulting in less, hazardous
waste material to dispose of over the life of the fixtures.
At Immokalee Community Park, which is located in eastern Collier County, 162 lamp fixtures will be
replaced with a total of 116 lamps. An energy savings of 146,626 kWh will result, which converts to
87.70 metric tons of CO2. The annual dollar savings is expected to be $35,544. At Gulf Coast
Community Park, a total of 48 lamp fixtures at two baseball fields will be replaced with a total of 32
lamps. An energy savings of 30,649 kWh will result, which converts to 18.33 metric tons of CO2.
By retrofitting the light fixtures at these two parks, Collier County Parks and Recreation can use
safer, cleaner energy, and perform less replacement and maintenance than the current system.
Long-term plans remain in place to retrofit a minimum of 7 other Park projects throughout the County.
Once completed, Collier County Parks and Recreation will have reduced energy use by over one million
kWh and approximately 657 metric tons of CO2. In current dollars, this equates to an annual savings
of $466,482.
Furthermore, because of the visible nature of the park facilities, all lighting retrofits provide
opportunity for public education and allows Collier County to serve as a model for energy reduction
for our community.
By retrofitting the light fixtures, it is estimated that approximately seven (7) jobs will be created
during the project. The type of jobs created will be Electrical Engineer, Designer, Manufacturing,
Assemblers, Product Test, Quality Control, Electrician, and the Installer. A project Manager will be
involved full time in coordinating all the work, completing job inspections on each project at least
twice per week, preparing documents, record keeping and overseeing that the projects meet all EECBG
grant requirements. I
Lighting in these two parks will initially be retrofitted however, the Parks and Recreation Department
has conducted an audit of nine ( 9) park projects in total that can benefit from similar lighting
retrofits. Please note that neither of the two parks selected includes a pool in its inventory.
The total project cost is $665,B11. Approximately $24,399 of the "administrative costs" are being
allocated to this project for a total EECBG request for this project of $690,210.
If you are proposing more than one activity. save this file as many times as needed with successive page numbers. For example: "OH-CITY-Columbus-
Project Activity page 1.pdf.. .OH-CITY-Columbus-Projact Activity page 2.pdf.. and continufI as fl6f1ded.
--
EECBG Activity Worksheet Agenda Item No. 16E5
Collier County Sefstember 29, 2009
Grantee: Date: 06/24/20 9 Prlge 4? of 5'(
DUNS #: 76997790 Program Contact Email: marlenefoord@colliergov.net
Program Contact First Name: Marlene Last Name: Foord
projectTitle:- Public ut il ities Energy Savings Retrofits
Activity: 5. Energy Efficiency Retrofits If Other:
Sector: Public If Other:
Proposed Number of Jobs Created: 3.00 Proposed Number of Jobs Retained:
Proposed Energy Saved and/or Renewable Energy Generated: 448,563 kWh per year
Proposed GHG Emissions Reduced (C02 Equivalents): 268.000
Proposed Funds Leveraged: $150,468.00
Proposed EECBG Budget: 149,000.00
Projected Costs Wrthin Budget: Administration: $5.460.00 Revolving Loans: Subgrants:
Project Contact First Name: Beals Last Name: Nathan Emai/: nathanbeals.colliergov,net
Metric Activity; Building Retrofits If Other:
Project~urnmary: (limit summary to space provided)
Collier County will utilize its EECBG formula funding to fund a mixture of lighting and electrical
improvements, mechanical improvements, renewable energy and planning initiatives.
Project Activity 3: Public Utilities Energy Savings Retrofits
This activity is two-fold and involves the installation of lighting retrofits and occupancy sensors to
reduce the energy demand of five utility facilities throughout Collier County.
The Lighting Retrofit Project will modernize 2,100 light fixtures with 5.213 replacement high
efficiency fluorescent lamps that will provide an energy savings of 407,328 kWh per year. This
equates to 244 metric tons of C02 per year and a dollar savings of approximately $34,864 per year. The
modernization process includes replacing ballasts on light fixtures or replacing the entire light
fixtUre. The modernization of the light fixtures does not reduce high levels but actually improves
light levels by 5 to 10 percent in most areas. No additional maintenance associated with the lighting
retrofits is necessary. The energy efficient fluorescent lamps being installed are the same cost as
existing lamps.
The Occupancy Sensors Project will install occupancy sensors in a total of 89 rooms located at four
different plants that will provide an energy savings of 41,235 kWh per year. This equates to 24
metric tons of C02 per year and a dollar savings of approximately $2,859 per year. The occupancy
sensor project includes timer switches and motion sensors. There are no maintenance costs associated
with the occupancy sensors.
The proposed funds leveraged are reserve funds from Water and Wastewater User Fees. A limited amount
of funding is available from our reserves. Using greater amounts of reserve funds would reduce
available financial resources for unforeseen projects that may risk public health, welfare, and
safety.
These activities are among a list of projects identified by the Public Utilities Division working with
Florida Power & Light Company (FPL) under a Master Agreement as cost effective energy conservation
options/measures IEeOe) to be implemented. The study that was commissioned to evaluate potential
capital improvement projects was developed to comply with Florida Statute (FS 489.145) "Guaranteed
Energy Performance Savings Contracting Act." These projects were among the projects with shorter
payback periods that would have immediate energy and material savings. Due to the arrangements with
FPL, Collier County will receilve information from FPL regarding the cost effectiveness and energy
savings and will ensure these reports are consistent with grant reporting requirements.
The total project cost is $149,000. Approximately $5,460 of the "administrative costs" are being
allocated to this project for a total EECBG request for this project of $154.460.
If you are proposing more than one activity, save this file as many times as needed with successive page numbers, For example: 'OH-CITY-Columbus-
Project Activity page 1.pdf, . .OH-CITY-ColumbuS-Project Activity page 2.pdf.' and continue as needed_
..'^'"W" .'."--'-
EECBG Activity Worksheet Agenda Item No. 16E5
Collier County Se~tember 29,2009
Grantee: Date: 06/24/20 9 PaQe 43 of 57
DUNS #: 76997790 Program Contact Email: marlenefoord@colliergov. net
Program Contact First Name: Marlene Last Name: Foord
Project Title: Public Utilities Renewable Energy Solar Photovoltaic Panels
Activity: 13. Onsite Renewable Technology If Other:
Sector: Public If Other:
Proposed Number of Jobs Created: 2.00 Proposed Number of Jobs Retained:
Proposed Energy Saved and/or Renewable Energy Generated: 9,905 kWh per yea:!;'
Proposed GHG Emissions Reduced (C02 Equivalents): 6.000
Proposed Funds Leveraged: $0.00
Proposed EECBG Budget: 139,960.00
Projected Costs Within Budget: Administration: $5,129.00 Revolving Loans: Subgrants:
Project Contact First Name: Beals Last Name: Nathan Email: nathanbealsliPcoll lugoy, net
Metric Activity: Building Retrof its If Other:
Project Summary: (limit summary to space provided) --
Collier County will utilize its EECBG formula funding to fund a mixture of lighting and electrical
improvements, mechanical improvements, renewable energy and planning initiatives.
Project Activity 4: Public Utilities Renewable Energy Solar Photovoltaic Panels
This activity involves installation of 42 fixed tilt ground-mounted 200 Watt PV solar panels at the
South County Regional Water Treatment plant, which will then be connected to the plant's electrical
system. This project directly reduces energy usage by approximately 9,905 kWh per year, equating to
six(6) metric tons of C02 and a dollar savings of approximately $862 per year. There are no
maintenance costs associated with this project
In addition to the annual energy and cost savings, this project will demonstrate Collier County's
commitment to renewable "green" energy and reducing the County's carbon footprint. Furthermore, the
site will be used as an educational tool about the importance of renewable energy for local schools
and community groups that already frequent the facility for tours.
This activity is among a list of projects identified by the Public Utilities Division working with
Florida Power & Light Company (FPL) under a Master Agreement as cost effective energy conservation
options/measures (ECOs) to be implemented. The study that was commissioned to evaluate potential
capital improvement projects was developed to comply with Florida Statute (FS 489.145) "Guaranteed
Energy Performance Savings Contracting Act." These projects were among the projects with shorter
payback periods that would have immediate energy and material savings. Due to the arrangements with
FPL', Collier County will receive information from FPL regarding the cost effectiveness and energy
savings and will ensure these reports are consistent with grant reporting requirements.
The total project cost is $139,960. Approximately $5,129 of the "administrative costs" are being
allocated to this project for a total EECBG request for this project of $145,089.
I
If you am proposing more than one activity, save this flIe as many times as needed with successive page numbers, For example.' 'OH-CITY-Columbus-
Project Activity page 1pdf.' 'OH-CITY-Columbus-Project Activity page 2pdf. . and continue as needed,
EECBG Activity Worksheet Agenda Item No. 16E5
Collier County September 29, 2009
Grantee: Date: 06/24/2009 Paqe 44 of 57
DUNS #: 76997790 Program Contact Email: marlenefoord@colliergov.net
Program Contact First Name: Marlene Last Name: Foard
Project Title: Traffic Signalization Improvements
Activity: 7, Transport at ion If Other:
Sector: Public If Other:
Proposed Number of Jobs Created: 6.00 Proposed Number of Jobs Retained: 3.00
Proposed Energy Saved and/or Renewable Energy Generated: 373,240 gallons of gasoline
Proposed GHG Emissions Reduced (C02 Equivalents): 3,288.000
Proposed Funds Leveraged: $0.00
Proposed EECBG Budget: 542,999.00
Projected Costs Within Budget: Administration: $19,898.50 Revolving Loans: Subgrants:
Project Contact First Name: Robert Last Name: Tipton Email: bobtiptonlicoll i ergov, net
Metric Activity: Transportation If Other:
Project Summary; (limit summary to space provided)
Collier County will utilize its EECBG formula funding to fund a mixture of lighting and electrical
improvements, mechanical improvements, renewable energy and planning initiatives.
Project Activity 5: Traffic Operations Traffic Signalization Improvements
This activity is two-fold and will result in a reduction in delay for vehicle travel on multiple
roadways, including several that extend into our rapidly growing communities of Collier County.
The Adaptive Traffic Expansion portion of the project will allow Traffic Operations to maintain
progression of a platoon of traffic moving on a roadway segment through several signalized
intersections with minimal/no stopping, based on vehicle demand. This reduction in stops and delays
results in a corresponding reduction in fuel consumption and greenhouse gas because cars and trucks
will spend significantly less time idling and accelerating, especially during peak hours when traffic
is heaviest. Installation and implementation of the adaptive control will occur at eight
intersections on Immokalee Road from US 41 to The Strand/Juliet Drive, which is a 3.6 mile corridor.
Based on the length of the corridor, the average fuel consumption rate and the average number of
vehicles per day, it is estimated that average daily fuel consumption on this segment is 7,706
gallons. Assuming 200 business days per year and the 7.8% fuel reduction that can be expected by
providing optimized traffic signal timings, it is estimated that the annual fuel savings will be
120,213 gallons per year, which equates to 1,057 metric tons of C02 per year. At the current gas
price of $2.25/gallon, this produces an energy savings to the public of $270,000 each year of the 10
years of system operation design life.
The Arterial Coordination portion of this project involves studying current conditions (quarterly
traffic volumes, turning movement counts and existing traffic signal timing patterns) and creating a
new coordinated timing plan for traffic control sections on three major arterials, several of which
extend into the developing rural/suburban eastern part of the County. The timing plans will then be
implemented on the street by Collier County staff and fine tuned for optimal performance. Re-timing
and coordination will involve Immokalee Road, from US41 North to Collier Boulevard (15 intersections,
7 miles of arterial roadway, 42 lane-miles); Vanderbilt Beach Road, from US 41 North to Collier
Boulevard (9 intersections, 7 miles of arterial roadway, 35 lane miles) ; and Santa Barbara Boulevard,
from Green Boulevard to Davis Boulevard (8 intersections, 4 miles of arterial roadway, 21 lane miles) .
The total miles for the three segments is 18 and the average daily traffic on the three roadways
combined is 71,407 vehicles. Assuming fuel use is 0.0465 gallons per mile (DOE "Transportation Energy
Data Book"), the average daily fuel consumption is 20,035. Using a 5\ fuel efficiency factor typical
of synchronized traffic signals, this equates to a savings of 974 gallons per day or 253,240 gallons
per year (based on weekdays) . The C02 savings is 2,232 metric tons per year.
As Collier County's population changes from "seasonal" to "permanent" and the daily habits and needs
of motorists also have changed, with a heavier peak hour than several years ago, these systems are
even more critical. While several of the other activities proposed only indirectly benefit the
public, these two projects clearly provide a benefit to our public as well as contribute to the
overall reduction of energy use and greenhouse gasses.
The total project cost is $543J'000. Approximately $19,898.50 of the "administrative costs" are being
allocated to this project for total EECBG request for this project of $562,898.50.
If you are proposing more than one activity, save this file as many times as needed with successive page numbers, For example: "OH-CITY-Columbus-
Project Activity page 1.pdf, . .OH-CITY-Columbus-Project Activity page 2.pdf, . and continue as needed,
J
---
EECBG Activity Worksheet I Agenda Item No. 16E5
Se~tember 29,2009
Grantee: Collier County Date: 06/24/20 9 Page 45 of 57
DUNS #: 76997790 Program Contact Email: marlenefoord@colliergov.net
Program Contact First Name: Marlene Last Name: Foord
?roject Title: Children I s Museum of Naples Energy Savings and Renewable Energy Proj ects
Activity: 14. Other If Other: Energy Ef f i ci ency Enhancement s
Sector: Other If Other: museum
Proposed Number of Jobs Created: 3.00 Proposed Number of Jobs Retained: 1.00
Proposed Energy Saved and/or Renewable Energy Generated: 7,745 kWh/year, 265,000,000 BTU!year
Proposed GHG Emissions Reduced (C02 Equivalents): 1,606.000
Proposed Funds Leveraged: $250,000.00
Proposed EECBG Budget: 250,000.00
Projected Costs Within Budget: Administration: $9,161.00 Revolving Loans: Subgrants: $250,000,00
Project Contact First Name: Cox Last Name: Joe Email: jcox@cmon.org
Metric Activity: Renewable Energy Market Development If Other:
Project Summary: (limit summ~!o space provided)
Collier County will utilize its EECBG formula funding to fund a mixture of lighting and electrical
improvements, mechanical improvements, renewable energy and planning initiatives.
Project Activity 7: Children'S Museum of Naples
This project involves installation of four innovative technology solutions at the Children'S Museum of
Naples (C'mon), which is currently under construction and will be the first LEED certified children's
museum in the State of Florida. C'mon is located at the North Collier Regional Park on land leased
from Collier County under a 90-year lease.
The 30,407sf sustainable campus will be a full-scale environmental education/demonstration site for
public education, workforce training and will be a technology and architecture showcase utilizing and
demonstrating energy efficiency, water conservation, indoor air quality, recycled local materials and
sustainable aspects such as green roofs, grass parking, bike racks and preferred parking for hybrid
and energy efficient vehicles. Total cost for construction of the museum is $22,895,000, most of which
las been locally raised via a capital campaign supported by individual gifts, private foundations,
corporate support and state/local grants. The total project cost for the four projects specifically
to be supported by this grant is approximately $500,000, half of which will be covered by C'mon.
The specific projects to be funded include:
PROJECT NAME ITEM DESCRIPTION EECBG REQUEST ENERGY SAVINGS
Green Roof System 1161sf live roof system $75,000 7,484 kWh/year
Rainwater Harvesting System* Includes 10,OOOg cistern $50,000 180,000gallon/yr
Solar Hot Water Panels and PV panels .2 solar panels,6 PV panels $50,000 90,520,OOObtu/yr
Wind Turbines 5Kw turbine,4 SOOW turbines $75,000 l75,200,OOObtu/yr
Many of these technologies will be 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 use, improve energy efficiency and reduce fossil fuel emissions by
295lb C02 annually* and save over 180.000 gallons of water) is a cutting edge system that takes
advantage of our significant rainfall. The solar panels will be visible from inside and outside the
building while the wind turbines are likely to become an iconic feature of the building - and a
wonderful educational tool. The Children's Museum of Naples' annual attendance is conservatively
estimated to be 75,000 people. Each of these visitors will be introduced to the Museum's energy
efficiency and conservation program through hands-on interactive exhibits and environmental education
programs throughout the building and out in the community. Visitors will discover how simple changes
coupled with innovative technology can produce significant environmental and economic benefits.
This environmentally focused visitor experience will be an extremely effective venue for the delivery
of public education as it relates to energy efficiency, green technologies and conservation programs.
As a new facility, the energy savings components and educational benefits to the community will yield
continuous and long-term benefits for Collier County. The required matching funds have been secured,
the project is 'shovel ready' and can be completed within the required time frame.
The total project cost is $250,000. Approximately $9.161 of the "administrative costs" are being
allocated to this project for a total EECBG request of $259,161. The full project cost amount of
$250,000 will be subgranted to C'Mon via a subrecipient agreement negotiated after award of the grant.
* based on research by the Virginia Water Research Center at Virginia Tech (May 2009) ; 180,000 gallons
later @ 1.45kWh per 1,000 gallons = 261kWh = 344lbs CO2
If you are proposing more than one actiVity. save this file as many times 8S needed with successive page numbers, For example: 'OH-CITY-Columbus-
Project Activity page 1.pdf. " 'OH-CITY-Columous-Project Activity page 2.pdf. " and continue as needed.
EECBG Activity Worksheet Agenda Item No. 16E5
Collier County SecRtember 29,2009
Grantee: Date: 06/24/20 9 Prlge 46 of 57
DUNS #: 76997790 Program Contact Email: marlenefoord@c<;>lliergov.net
Program Contact First Name: Marlene Last Name: Foord
Project Title: Green Building Codes Inspection Training Program
Activity: 8. Codes and Inspections If Other:
Sector: Public If Other:
Proposed Number of Jobs Created: 0.00 Proposed Number of Jobs Retained: 23.00
Proposed Energy Saved and/or Renewable Energy Generated: 3,200,000 kWh per year
ProposedGHG Emissions Reduced (C02 Equivalents): 1,452.000
Proposed Funds Leveraged: $0.00
Proposed EECBG Budget: 41,921.00
Projected Costs Within Budget: Administration: $1,536.00 Revolving Loans: Subgrants:
Project Contact First Name: Dunn Last Name: Bob Email: bobdunn@colliersov.net
Metric Activity: Workshops, Training, and Educat ion If Other:
Project Summary: (limit summary to spa'pe provided) --
Collier County will utilize its EECBG formula funding to fund a mixture of lighting and electrical
improvements, mechanical improvements, renewable energy and planning/training initiatives.
Project Activity 8: Green Building Codes Inspection Training Program
This project involves the development of a comprehensive green building codes inspection training
program for 23 employees of the Collier County Building Department. Adopted on March 1, 2009, the new
2007 Florida Building Code includes a set of requirements entitled: The Florida Energy Efficiency Code
for Building Construction. The provisions of this code shall regulate (1 ) the design of building
envelopes for adequate thermal resistance and low air leakage and (2) the design and selection of
mechanical, electrical and illumination systems and equipment that will enable the effective use of
energy in new building construction, additions, alteratipns or any change in building configuration.
It is the intent that these provisions provide flexibility to permit the use of innovative approaches
and techniques to achieve effective utilization of energy.
To ensure Suilding Department personnel are adequately trained to perform the necessary plan reviews
and inspections related to these innovative approaches to building design, Collier County has
established an Energy Code Training Program that focuses on the two areas deemed to be of most
interest in this area: Solar Energy and Photovoltaic Energy. Therefore, two teams have been
established and a training curriculum developed that will most effectively enhance the ability of
these teams to perform the required plan reviews and inspections .as Collier County moves forward into
implementation of energy savings systems. It is expected that 23 current employees will receive this
training, allowing the collection of plan and inspection fees for reviews and inspections of these
systems. The ability of these employees to adequately perform these tasks increases demand for these
government services and therefore increases the potential for continued employment with the agency.
The training curriculum is multi-faceted and includes training on Solar Water Systems Plan Review and
Inspections, Photovoltaic Systems Plan Review and Inspections, Blueprints to Residential Code
Compliance and Energy Gauge Pro Hands on Training for Plan Reviewers and Inspectors.
Collier County, like many cities and counties is affected by the downturn in economy and slowdown in
building and construction. As a result, receipt of impact and building fees has decreased and funding
for training has been severely reduced or eliminated. Recognizing the long-term benefits of including i
energy efficient design, equipment and materials into design, it is expected that while the overall
demand for plan reviews and inspections may be down, demand for plan reviews and inspections related
to the new Energy Code will increase. Furthermore, it is fully expected that once the economy starts
to improve, Collier County will be among the first areas to see an upturn in building and construction
due to the desirable location, climate and proactive approach to energy conservation.
Therefore, the Collier County Building Department has developed this critical training program to be
prepared. While direct energy savings are difficult to attribute to the training itself, it is
estimated that the successful installation of one solar water heater system will save 3.500 kwh
annually per system and one solar photovoltaic systems will save approximately 4,500 kWh annually. It
is further estimated that approximately 400 of each system will be installed throughout Collier County
in the short term, which equates to approximately 3,200,000 kWh saved annually. This equates to a
reduction of 1,452 metric tons of C02 per year. Since the average kWh cost is estimated at $0.13; this
is an approximate savings of $416,000 per year for homeowners of Collier County.
The total project cost is $41,920.50. Approximately $1,536 of the "administrative costs" are being
allocated to this project for a total EECBG request for this project of $43,456.50.
If you are proposIng more than one activity, save this file as many times as needed with successive page numbers. For example: 'OH-CITY-Columbus-
Project Activity page 1.pdf.' 'OH-CITY-Columbus-Project Activity page 2,pdf. . and continue as needed.
EECBG Activity Worksheet Agenda Item No. 16E5
September 29,2009
Grantee: CoIl ier County Date: 06/24/2009Page 47 of 57
DUNS #: 76997790 Program Contact Email: marlenefoord@colliergov.net
Program Contact First Name: Marlene Last Name: Foord
Project Title: Administration
Activity: If Other:
Sector: publ ic If Other:
Proposed Number of Jobs Created: 0.00 Proposed Number of Jobs Retained: 23.00
Proposed Energy Saved and/or Renewable Energy Generated: 3.200,000 kWh per year
Proposed GHG Emissions Reduced (C02 Equivalents): 1,452.000
Proposed Funds Leveraged: $0.00
Proposed EECBG Budget: 107,323.00
Projected Costs Within Budget: Administration: $107,323.00 Revolving Loans: Subgrants:
Project Contact First Name: Dunn Last Name: Bob Email: bobdunn@colliergov.net
Metric Activity: If Other:
Project Summary: (limit summary to space provided)
If YOu are proposing more than one activity, save this file as many times as needed with successive page numbers. For example: 'OH-CfrY-Columbus-
Project Activity page 1.pdf. . .OH-CITY-Co/umbus-Project Activity page 2.pdf.' and continue as needed,
DOE F 4600,2 Agenda Item No. 16E5
(5/09) U.S. Department of Energy Septfi~o~~/9W09
All Other Editiono Are Obsolete FEDERAL ASSISTANCE REPORTING CHECKLIST Pa.geh4g,t()~ 57
AND INSTRUCTIONS
1. Identification Number: 2. ProgramIProject Title:
DE-EE-0000783,OOO Collier County Energy Conservation Program
3, Recipient:
FL-COUNTY -COLLIER
4. Reporting Requirements: Frequency No. of Copies Addressees
A. MANAGEMENT REPORTING
181 Progress Report a,A
o Special Status Report EECBGI1l!9o.doe.gov
B. SCIENTIFlCrrECHNICAL REPORTING
(ReportsIProducts must be submitted with appropriate DOE F 241, The 24) forms
are available at www,ostLgov/elink.)
Report/Product Form
o Final ScientificlTechnical Report DOE F 241.3
o Conference papers/proceedings. DOE F 241.3
o Software/Manual DOE F 241.4
o Otlier (see special instructions) DOE F 24) J -- -
· Scientific and technical conferences only
C. FINANCIAL REPORTING EECBG@go.doe.gov
181 SF-425, Financial Status Repon a
D. CLOSEOUT REPORTING
o Patent Certification , ,
o Property Certi fication I
o Other
E, OTHER REPORTING
o Annual Indirect Cost Proposal
o Annual Inventory of Federally Owned Property, ifany
181 Other A See Special Instructions Below
FREQUENCY CODES AND DUE DATES:
A- Within 5 calendar days after events or as needed.
F- Final; 90 calendar days after expiration or termination of the award,
Y- Yearly; 90 days after the end of the reponing period.
S - Semiannually; within 30 days after end of reporting period,
Q- Quarterly; within 30 days after end of the reporting period.
5. Special Instructions: NOTE: The Reporting Requirements shown on this checklist are to be used in the interim and will be revised when the EECBG
reporting system is finalized. This checklist will be replaced at that time with a modification to the award,
Other Reporting: AMERICAN RECOVERY AND REINVESTMENT ACT REPORTING: See the Special Terms and Conditions for Recovery Act reponing
requirements, along with the following web site: http://www.fedemlreponing.gov. The required reports are due no later than ten calendar days after each
calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. Recipients are instructed to maintain data in
order to repon cumulatively beginning with an estimated October 10, 2009 reporting deadline,
'""~"""".-,-,". .----..---
Agenda Item No. 16E5
September 29, 2009
Page 49 of 57
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 and
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 for
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 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 Principal Investigator or the Project Director for further information.
6. Cost Status. Show approved budget by budget period and actual costs incurred. If cost
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 changes
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 arrangement.
11. A description of any product produced or technology transfer activities accomplished
during this reporting period, such as:
A. Publications (list journal name, volume, issue); conference papers; or other public
releases of results. Attach or send copies of public releases to the DOE Project 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.
2 I
. ~--
Agenda Item No. 16E5
September 29, 2009
Page 50 of 57
C. Networks or collaborations fostered.
D. TechnologieslTechniques.
E. Inventions/Patent Applications
F. Other products, such as data or databases, physical collections, audio or video,
software or netware, models, educational aid or curricula, instruments or equipment.
Special Status Report
The recipient must report the following events bye-mail as soon as possible after they occur:
1. Developments that have a significant @y:'orable impact on the project.
2. Problems, delays, or adverse conditions which materially impair the recipient's ability to
meet the objectives of the award or which may require DOE to respond to questions
relating to such events from the public The recipient must report any of the following
incidents and include the anticipated impact and remedial action to be taken to correct or
resolve the problem/condition:
a. Any single fatality or injuries requiring hospitalization of five or more individuals.
b. Any significant environmental permit violation.
c. Any verbal or written Notice of Violation of any Environmental, Safety, and Health
statutes.
d. Any incident-which causes a significant process or hazard control system failure.
I
e. Any event which is anticipated to cause a significant schedule slippage or cost
increase.
f. Any damage to Government-owned equipment in excess of $50,000.
g. Any other incident that has the potential for high visibility in the media.
B. SCIENTIFIC/TECHNICAL REPORTS
Final ScientificlTechnical Report
Content. The final scientific/technical report must include the following information and any
other information identified under Special Instructions on the Federal Assistance Reporting
Checklist:
1. Identify the DOE award number; name of recipient; project title; name of project
director/principal investigator; and consortium/teaming members.
3
>~..-
Agenda Item No. 16E5
September 29, 2009
Page 51 of 57
2. Display prominently on the cover of the report any authorized distribution limitation notices,
such as patentable material or protected data. Reports delivered without such notices may
be deemed to have been furnished with unlimited rights, and the 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,
approaches used, problems encountered and departure from planned methodology, and
an assessment of their impact on the project results. Include, if applicable, facts, figures,
analyses, and assumptions used during the life of the project to support the conclusions.
6. Identify products developed under the award and technology transfer activities, such as:
a. Publications (list journal name, volume, issue), conference papers, or other public
releases of results. If not provided previously, attach or send copies of any public
releases to the DOE Project Officer identified in Block 11 of the Notice of Financial
Assistance Award;
b. Web site or other Internet sites that reflect the results of this project;
c. Networks or collaborations fostered;
d. TechnologieslTechniques;
e. Inventions/Patent Applications, licensing agreements; and
f. Other products, such as data or databases, physical collections, audio or video,
software or netware, models, educational aid or curricula, instruments or equipment.
7. For projects involving computer modeling, provide the following information with the final
report:
a. Model description, key assumptions, version, source and intended use;
b. Performance criteria for the model related to the intended use;
c. Test results to demonstrate the model performance criteria were met (e.g.,
code verification/validation, sensitivity analyses, history matching with lab or field data,
as appropriate);
d. Theory behind the model, expressed in non-mathematical terms;
e. Mathematics to be used, including formulas and calculation methods;
4
Agenda Item No. 16E5
September 29,2009
I Page 52 of 57
1. Whether or not the theory and mathematical algorithms were peer reviewed,
and, if so, include a summary of theoretical strengths and weaknesses;
g. Hardware requirements; and
h. Documentation (e.g., users guide, model code).
Electronic Submission. The final scientific/technical report must be submitted electronically-via
the DOE Energy Link System (E-Link) accessed at http://www.ostLQov/elink-2413.
Electronic Format. Reports must be submitted in the ADOBE PORTABLE DOCUMENT
FORMAT (PDF) and be one integrated PDF file that contains all text, tables, diagrams,
photographs, schematic, graphs, and charts. Materials, such as prints, videos, and books,
that are essential to the report but cannot be submitted electronically, should be sent to the
Contractin9-9fficer at the address listed in Block 12 of the Notice of Financial Assistance
Award.
Submittal Form. The report must be accompanied by a completed electronic version of DOE
Form 241.3, "U.S. Department of Energy (DOE), Announcement of Scientific and Technical
Information (STI)." You can complete, upload, and submit the DOE F.241.3 online via E-Link.
You are encouraged not to submit patentable material or protected data in these reports, but if
there is such material or data in the report, you must: (1) clearly identify patentable or
protected data on each page of the report; (2) identify such material on the cover of the report;
and (3) mark the appropriate block in Section K of the DOE F 241.3. Reports must not contain
any limited rights data (proprietary data), classified information, information subject to export
control classification, or other information not subject to release. Protected data is specific
technical data, first produced in the performance of the award that is protected from public
release for a period of time by the terms of the award agreement.
Conference Papers/Proceedings
Content: The recipient must submit a copy of any conference papers/proceedings, with the
following information: (1) Name of conference; (2) Location of conference; (3) Date of
conference; and (4) Conference sponsor.
Electronic Submission. Scientific/technical conference paper/proceedings must be submitted
electronically-via the DOE Energy Link System (E-Link) at http://www.ostLaov/elink-2413.
Non-scientific/technical conference papers/proceedings must be sent to the URL listed on the
Reporting Checklist.
Electronic Format. Conference papers/proceedings must be submitted in the ADOBE
PORTABLE DOCUMENT FORMAT (PDF) and be one integrated PDF file that contains all
text, tables, diagrams, photographs, schematic, graphs, and charts. If the proceedings cannot
be submitted electronically, they should be sent to the DOE Administrator at the address listed
in Block 12 of the Notice of Financial Assistance Award.
Submittal Form. Scientific/technical conference papers/proceedings must be accompanied by
a completed DOE Form 241.3. The form and instructions are available on E-Link at
http://www.ostLaov/elink-2413. This form is not required for non-scientific or non-technical
conference papers or proceedings.
5
Agenda Item No. 16E5
September 29, 2009
Page 53 of 57
Software/Manual
Content. Unless otherwise specified in the award, the following must be delivered: source
code, the executable object code and the minimum support documentation needed by a
competent user to understand and use the software and to be able t9 modify the software in
subsequent development efforts. ,
Electronic Submission. Submissions may be submitted electronically-via the DOE Energy Link
System (E-Link) at htto:/Iwww.ostLQov/estsc/241-4ore.iso. They may also be submitted via
regular mail to:
Energy Science and Technology Software Center
P.O. Box 1020
Oak Ridge, TN 37831
Submittal Form. Each software deliverable and its manual must be accompanied by a --
completed DOE Form 241.4 "Announcement of U.S. Department of Energy Computer
Software." The form and instructions are available on E-Link at htto://www.ostLQov/estsc/241-
4ore.iso.
C. FINANCIAL REPORTING
Recipients must complete the financial reports identified on the Reporting Checklist in
accordance with the report instructions. These standard forms are available at
htto:/lwww.whitehouse.Qov/omb/Qrants/index.html. Fillable forms are available at
htto:/Iqrants.or.doe. QOV.
D. CLOSEOUT REPORTS
Final Invention and Patent Report
The recipient must provide a DOE Form 2050.11, "PA TENT CERTIFICATION." This form is
available at htto:/lwww.directives.doe.aov/odfs/forms/2050-11.odf and
hUo:/lmanaqement.enerQv.Qov/business doe/business fol'ms.htm
Property Certification
The recipient must provide the Property Certification, including the required inventories of non-
exempt property, located at htto:/lmanaQement.enerav.gov/business doe/business forms.htm
E. OTHER REPORTING
Annual Indirect Cost Proposal and Reconciliation
Reauirement. In accordance with the applicable cost principles, the recipient must submit an
annual indirect cost proposal, reconciled to its financial statements, within six months after the
close of the fiscal year, unless the award is based on a predetermined or fixed indirect rate(s),
or a fixed amount for indirect or facilities and administration (F&A) costs.
6
Agenda Item No. 16E5
September 29, 2009
Page 54 of 57
Coanizant Aqencv. The recipient must submit its annual indirect cost proposal directly to the
cognizant agency for negotiating and approving indirect costs. If the DOE awarding office is
the cognizant agency, submit the annual indirect cost proposal to the DOE Award
Administrator identified in Block 12 of the Notice of Financial Assistance Award.
I
Annual Inventory df Federally Owned Property
Requirement. If at any time during the award the recipient is provided Government-furnished
property or acquires property with project funds and the award specifies that the property vests
in the Federal Government (Le. federally owned property), the recipient must submit an annual
inventory of this property to the DOE Award Administrator identified in Block 12 of the Notice
of Financial Assistance Award no later than October 30th of each calendar year, to cover an
annual reporting period ending on the preceding September 30th.
-- Content of Inventorv. The inventory must include a description of the property, tag number,
- acquisition date, location of property, and acquisition cost, if purchased with project funds.
The report must list all federally owned property, including property located at subcontractor's
facilities or other locations.
i
7
.---'''-
Agenda Item No. 16E5
I September 29, 2009
Page 55 of 57
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September 29, 2009
Page 56 of 57
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Page 57 of 57
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