Document Moscow_doc_34d0954e8c

ENERGY EFFICIENCY/CONSERVATION BLOCK GRANT PROGRAM CITY OF MOSCOW CONTRACT# CON00063 PROVISIONS This contract, entered into between the OFFICE OF ENERGY RESOURCES ("Office") and City of Moscow ("Contractor"), an Idaho city, is made in reference to the following facts: RECITALS 1. Under Title IV of the American Recovery and Reinvestment Act 2009 (Public Law 111-5) ("ARRA") Congress appropriated moneys for the U.S. Department of Energy ("DOE") to issue formula-based grants to states, U.S. territories, units of local government, and Indian tribes under the Energy Efficiency and Conservation Block Grant ("EECBG") Program. DOE's authorization for this program is set forth in Title V, Subtitle E of the Energy Independence and Security Act ("EISA") of 2007. 2. On March 26, 2009, the Department of Energy issued a Funding Opportunity Announcement Catalogue of Federal Domestic Assistance ("CFDA") Number 8 1.128, which offered States the opportunity to apply for ARRA financial assistance to fund projects under the EECBG. These projects would, among other things, increase energy efficiency or the use of renewable energy sources. 3. The Office of Energy Resources applied to the U.S. Department of Energy for an award of ARRA EECBG funding for financial assistance under CFDA Number 81.128 for several projects, including a competitive energy efficiency sub-grant project for Idaho cities and counties that did not receive direct Energy Efficiency and Page I of II 2.ClO·Z ---PAGE BREAK--- Conservation Block Grants. On or about September 28, 2009, DOE issued Award No. DE-EE0000814, authorizing the Office to proceed with the project. 4. On November 2, 2009 the Office of Energy Resources issued a Statewide Request for Proposals for those cities and counties interested in this project. Proposals were due on December 2 1, 2009 and selection was done in January, 2010. Contractor was selected from respondents to the Request for Proposals. 5. Every project funded, including this one, must comply with a number of federal requirements, including the National Environmental Policy Act ("NEPA"). This proposal falls under Part I of the NEPA template, and DOE has determined that projects in this category are excluded from the requirement for NEPA approval. 6. The Office of Energy Resources and Contractor desire to cooperate in the implementation of the project referenced in the Recitals above by the execution of this contract. IN CONSIDERATION OF THE PROMISES MADE, THE PARTIES AGREE AS FOLLOWS: 1. Definitions 1.1. The term "Contractor" means City of Moscow, 206 East Third, Moscow, Idaho 83843, by and through its authorized representatives. 1.2. The term "Office" means the Office of Energy Resources, located at 322 E. Front Street, Suite 560, Boise, Idaho 83702-7374. The mailing address is P.O. Box 83720, Boise, Idaho 83720-0199. The Office of Energy Resources is the state energy office for Idaho. 1.3. The term "ARRA" means the U.S. American Recovery and Reinvestment Act of 2009. Page 2 or ll ---PAGE BREAK--- 1.4. The term "CFDA" means the Catalog of Federal Domestic Assistance. 1.5. The term "commission" means the process through which projects are inspected and equipment is tested in order to make sure that projects are installed and constructed according to design and standards and that equipment is properly installed and working. 1.6. The term "EECBG" means Energy Efficiency and Conservation Block Grant. 1.7. The term "OMB" means the Office of Management and Budget. 1.8. The term means the United States Code. 1.9. Other definitions are given in Attachments A and 8 as required. 2. Project Coordinators 2. 1. The Contractor's Project Coordinator shall be Alisa Stone, Grants Manager, City of Moscow, 206 E. Third, Moscow, ldaho 83843, [PHONE REDACTED], [EMAIL REDACTED]. She shall be the Contractor's representative and shall have full authority to act on behalf of the Contractor for all matters concerning this Contract. 2.2. The Office's project coordinator shall be John Chatburn, 322 E. Front Street, Boise, Idaho. [PHONE REDACTED], [EMAIL REDACTED]. He shall be the Office's representative for the administration of this Contract 3. Contingency This contract is contingent upon Contractor meeting all federal, state and local requirements necessary for the project to qualify for funding under the ARRA including but not limited to Buy-American, Davis-Bacon, NEPA, State Historic Preservation, and other laws and rules stated in Attachments A and B. Contractor must also obtain and abide by all local and state laws including but not limited to worker's compensation, Public Works and other required Page 3 of ll ---PAGE BREAK--- licensing, building codes, environmental, health, land use, zoning, permitting, tax laws and all other applicable ordinances, rules and Jaws. If the Contractor has not provided assurance of obtaining all necessary permits, permissions, licenses, and other necessary legal approvals to the Office within six months of execution of this contract, the Office may, in its sole discretion, terminate this contract, de-obligate the funds, and apply the funds that were obligated to this contract to another purpose allowed under the DOE award. 4. Statement of Purpose The purpose of this contract IS to provide funding to Contractor to develop, initiate, implement and complete the project described in this contract. All energy efficiency improvements shall be performed in accordance with the requirements stated in Attachment D. The Contractor will replace 450 traffic lights and 48 pedestrian street lights and fixtures at 14 intersections; will install 12 lights, poles and fixtures for the Jackson Street Parking Lot; will install 10 lights and fixtures for Friendship Square; will purchase duct blaster equipment; will fund one day of instructor led training, supplies, and clerical support for duct blaster equipment; and will fund a training professional and training supplies for one day to develop 2009 IECC training for a minimum of 12-15 code inspectors. 5. Scope of Work 5.1. The Office shall: 5.1.1. Task 1: Provide contract and program administrative support to the Contractor for project development and implementation. 5.1.2. Task 2: Act as liaison between the Contractor and the Executive Office of the Governor of Idaho and its staff to publicize and promote this project. 5.1.3. Task 3: Monitor and analyze the project described in this contract. 5.1.4. Task 4: Provide financial support as described herein. Page 4 of I I ---PAGE BREAK--- 5.2 The Contractor shall: 5.2.1. Task 1: Select subcontractor(s). All subcontracts for construction (including insulation and window replacement}, electrical work, and HV AC installation must comply with Davis-Bacon and, if for over $10,000 or more, must be performed by licensed Public Works contractor(s). All contractors must be selected in accordance with Idaho Code Title 67-Chapter 28, PROVIDED THAT contractors for construction projects may also be selected m accordance with Idaho Code Title 67-2309 (design-build process). 5.2.2 Task 2: Order all necessary materials and duct blaster equipment. 5.2.3 Task 3: lnstall 450 traffic signal lights at 14 intersections. 5.2.4 Task 4: lnstall 48 pedestrian signal lights at 14 intersections. 5.2.5 Task 5: Install 1 2 lights, poles, and fixtures for Jackson Street Parking Lot.. 5.2.6 Task 6: Install 1 0 lights and fixtures at Friendship Square. 5.2.7 Task 7: Hold one day training, supplies, and clerical support for duct blaster training. 5.2.8 Task 8: Hire building code inspector for one day 2009 IECC training for a minimum of 1 2-15 code inspectors. 5.2.9 Task 9: Commission retrofit project. 5.2. 1 0 Task 10: Provide final report to the Office within 30 days of project completion. Final payment on all tasks may be held until this report is received and approved. The final report shall include: • Accomplishments of the project; • Photographs of the project before and after with identifying captions; • Energy savings estimates or actual if available; and • Local jobs created by the project. Page 5 of I I ---PAGE BREAK--- 6. Reports (Progress) 6. 1 The Contractor shall submit a progress report through the 251h day of each month no later than the last full business day of the month for all work performed under this contract since the beginning of the contract or the previous report. 6.2 These reports will be used by the Office for its reports to the U.S. Department of Energy. They may also be used by the Office when audited pursuant to Idaho Code Section 67-450C and Federal Single Audit Act Amendments of 1996 (Title 31 U.S.C. Chapter 75) and OMB Circular A-133, to provide evidence of due diligence by the Office in its expenditure of ARRA funds. 6.3 The Office is subject to multiple federal reporting requirements, and the specific information that must be reported by the Contractor may change. Contractor agrees to comply with changed reporting requirements when requested by the Office. 6.4 Each report shall be in Microsoft Word and shall contain: 6.4.1 The Contractor's name and address; 6.4.2 The name of the Project; 6.4.3 A description of the Project; 6.4.4 The total amount of ARRA funds expended and the amount billed; 6.4.5 The number of hours worked on the Project; and 6.4.6 An evaluation of the completion status of the Project, including problems encountered and the solutions to them. 6.4.7. Copies of Davis-Bacon weekly payroll reports of all subcontractors. 6.5. The report shall be submitted via email to the Office's Project Coordinator. The Office may change this process at any time by written notice to the Contractor. Page 6 of I l ---PAGE BREAK--- 6.6 Time is of the essence in report delivery, and payment may be delayed by late reports. Late report delivery is a material breach of contract and, in the sole discretion of the Office, may result in immediate termination of this contract. 7. Deliverables The performance of each task stated in Section 5.2 is a deliverable. Contractor's performance and acceptance of this performance by the Office is the task completion upon which payment depends. The progress reports required by Section 6 shall be updates on the work done in completing the tasks defined in Section 5.2. The Office has the right to review progress toward the deliverables for compliance with this contract, and to require changes to make the deliverable comply prior to acceptance of the deliverable or progress toward completing the deliverable. Continued payment pursuant to Section 8 depends on legitimate progress made on completion of the deliverables, and final payment depends on their completion. 8. Invoice(s) and Payment(s) The parties agree that this contract is a price limited contract. The Office shall pay, and the Contractor shall accept a maximum sum not to exceed NINETY SIX THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($96,200.00) as payment in full for the work done under this contract. 8.1. The Contractor shall submit invoices to the Office on letterhead stationery. Each invoice shall contain the Contractor's name, DUNS number, physical location and mailing address, telephone number, the contract number from the first page of this instrument, the dollar amount due and the submission date. 8.2. The Contractor's invoices shall be broken into budget categories as shown in Attachment C, Contract Budget, and shall show the amount billed for, the total previously billed and the balance yet to be billed in each category. Each budget Page 7 of I I ---PAGE BREAK--- category shall be broken into component expenses such as staff payroll, subcontractor payments, purchases, etc. 8.3. When Contractor incurs expenses under this contract in the previous month that are sum certain and that Contractor is legally obligated to pay, Contractor shall invoice the Office, PROVIDED THAT no invoice shall be submitted that exceeds the budget stated in Attachment C for any category, and the Office will not pay any portion of any invoice that exceeds the budget category stated in Attachment C. 8.4. The Office shall make every effort to approve and pay the invoices within twenty­ one (21) business days of receipt and acceptance of the deliverable(s) accompanying the invoices, PROVIDED THAT the Office may, in its discretion, delay making payment on any invoice until reports required by Section 6 are current to the date payment is made, and final payment on any budget category until the final report required by Ssection 5.2 is received and approved. 9. Limitation of funds The Contractor agrees that all obligations of the Office, including the continuance of payments under this contract, are contingent upon the availability and continued appropriation of funds, and that all obligations accrued and legally owing shall be paid. In the event state or federal funds become unavailable as determined by the office, the Office may immediately terminate this contract or amend it accordingly. (Section Ill Attachment A is restated here for emphasis.) 10. Term This contract shall take effect on the date of execution and shall continue in effect until August 31, 20 l l, unless terminated earlier under the provisions of Attachment A. PageS of I I ---PAGE BREAK--- 11. General Terms and Conditions The Contractor shall abide by all applicable terms and conditions contained in the "Standard Contract Provisions, Office of Energy Resources," attached hereto as Attachment A and incorporated by this reference. 12. Federal Provisions The Contractor shall abide by all applicable terms and conditions contained in "Standard Federal Provisions", written for use with all contracts and agreements funded by the ARRA. This is attached hereto as Attachment B and incorporated herein by this reference. 13. Selection Procedure This contract is awarded to Contractor in accordance with the selection procedures established by the State of Idaho including a competitive Request for Proposals and rigorous evaluation and selection process. 14. Duplicate Originals This contract is executed in duplicate. Each of the two documents with an original signature of each party shall be an original. Page 9 of ll ---PAGE BREAK--- PAGE LEFT BLANK INTENTIONALLY) l>agc lO of 1 I ---PAGE BREAK--- IN WITNESS THEREOF, the parties have executed this contract on the date specified below. STATE OF IDAHO CONTRACTOR OFFICE OF ENERGY RESOURCES VV\ A: ZJ, Z-0 LL2__ Date <62- &D60Z27 Tax ID. Number APPROVED AS TO FORM , .Maria Barratt Financial Review J ohn1tlatbUl11 Operations Review Dai Page 11 of 11 ---PAGE BREAK--- April 30, 20 10 I. DEFINITIONS STANDARD CONTRACT PROVISIONS IDAHO OFFICE OF ENERGY RESOURCES ATTACHMENT A A. "Project Coordinator" shall mean that person appointed by the Office to administer this Contract on behalf of the Office and the term includes, except as otherwise provided in this Contract, an authorized representative of the Project Coordinator acting within the limits of his or her authority. B. "Subcontractor" shall mean one, not in the employment of any party to this Contract, who is performing all or part of those services under this Contract under agreement with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. II. PROJECT COORDINATION A. All communications given to a party's Project Coordinator shaH be as binding as if given to the party. B. The Office's administrator or anyone authorized to act on his or her behalf, may change the Office's Project Coordinator at any time by written notice to the Contractor. C. The Contractor's Project Coordinator shall be the entity's representative for an matters concerning this Contract and shall have full authority to act on behalf of the Contractor, unless specified otherwise in the main body of the Contract. The Contractor may change Contractor's Project Coordinator at any time by written notice to the Office. D. The Contractor may appoint an agent to administer this Contract by written communication to the Office. In such a case, the Office will copy the Contractor's designated Project Coordinator on all communications with the Contractor's administrator. The Contractor shall remain responsible for all decisions made by its administrator, and for compliance with all terms of this Contract. E. It shall be the obligation of Contractor's Project Coordinator and staff to communicate in a way that promotes exchange of information and creates a productive and cordial project work environment. If the Office has documented reason that the Contractor or staff are not meeting this communication requirement, the Office may request the Contractor to appoint another project manager and assign other staff, and the Contractor shall take the action requested if possible, or, if alternates are not possible, to take other affirmative action to correct the situation. Failure to do so is a material breach of this agreement. III. LIMITATION OF PROGRAM FUNDS A. The Contractor acknowledges that the Office cannot obligate funds prior to obtaining funding approval. B. The Office certifies that state or federal funds are presently available and authorized for expenditure to pay the portion of costs that will accrue during the current state or federal fiscal year or applicable grant period and that all obligations accrued and legally owing shall be paid. C. The Contractor agrees that all obligations of the Office, including the continuance of payments under this Contract, are contingent upon the availability and continued appropriation of funds. In the event state or federal funds become unavailable as determined by the Office, the Office may immediately terminate this Contract or amend it accordingly. In no event shall the Office be liable for any payments in excess of approved or appropriated funds available for this project. IV. TERMINATION FOR CONVENIENCE A. Oflice's Right to Terminate for Convenience ATTACHMENT A. Page I of 5 ---PAGE BREAK--- I. The Office may terminate this Contract in whole or in part for its convenience. In such event the Office shall serve a written Notice of Termination on the Contractor by deposit in the United States mail, certified mail, return receipt requested, with proper postage affixed. Notice of Termination shall be deemed served upon its receipt. 2. The Contractor shall not incur after the date of service of the Notice of Termination any noncancellable obligations, except as authorized in the written Notice of Termination. 3. A Notice of Termination shalt be effective for professional and other services authorized in the Contract on the date of service of Notice of Termination. 4. If a Termination for the convenience of the Office is effected, an equitable adjustment in the payments, if any, authorized in this Contract shall be made. Such adjustments shall provide for payment to the Contractor for services rendered prior to the effective date of termination of the Contract and for all noncancellable obligations incurred prior to of a Notice of Termination. 5. If the Contractor owes payment to the Office for services under this Contract at the time of termination, then such sums shall remain as obligations due and owing by Contractor to the Office. B. Contractor's Right to Terminate for Convenience I. The Contractor may terminate this Contract for its convenience as to any executory portion. In such event the Contractor shall serve a written Notice of Termination on the Office by deposit in the United States mail, certified mail, return receipt requested, with proper postage affixed. Notice of Termination shall be deemed served upon its receipt. 2. If the Office owes payment for satisfactory contract performance at the time of Contractor's termination, and does not incur cost because of the termination, then it shall pay amounts owing to Contractor as provided by this Contract. If, however, in the Office's sole discretion, the termination causes the Office to incur costs it would not have except for Contractor's termination it may deduct such cost from payment made to the Contractor. 3. If the Contractor owes payment to the Office for services under this Contract at the time of termination, then such sums shall remain as obligations due and owing by Contractor to the Office. V. TERMINATION FOR DEFAULT A. In addition to any termination of this Contract in accordance with Paragraph IV hereof, the Office may terminate this Contract in whole or in part because of the failure of the Contractor to fulfill its obligations. Upon receipt of such termination by the Office, the Contractor shall immediately discontinue all services affected. Oral notice of termination by the Office is effective when given, but in such a case, the Office shall confirm with written Notice of Termination by deposit in the United States mail, certified mail, return receipt requested. B. If a termination for defaull is effected, an equitable adjustment in the payments authorized in this Contract shall be made. Such adjustments shall provide for payment to the Contractor for services rendered prior to the effective date of termination of the Contract and for all noncancellable obligations incurred prior to receipt of a Notice of Termination. C. The rights and remedies of the Office provided in this Contract are in addition to any other rights and remedies provided by law or under this Contract. VI. INDEMNIFICA TlON The Contractor agrees to indemnify and hold harmJess the Office and the State of Idaho, its officers, agents or employees from all liability and expense, including attorney fees, on account of claims, suits and costs growing out of or connected with negligent acts, errors, or omissions by the Contractor or its employees, if any, provided, however, that the Office shall not be relieved hereby from liability for its own negligence and that of its employees. VII. NO PERSONAL LIABILITY ATIACHMENT A, Page 2 of 5 ---PAGE BREAK--- Contractor specifically understands and agrees that in no event shall any official, officer, employee or agent of the Office be personally liable for any representation, statement, covenant, warranty or obligation contained in, or made in connection with, this Contract, express or implied. VIII. TAXES The Contractor, with respect to its employees and those who may be held, legally, to be its employees, shall pay, indemnify and hold the Office harmless from the payment of all taxes and contributions imposed by federal and state laws, including social security taxes, with respect to said employees and their remunerations, including all interest and penalties payable under said laws as the result of noncompliance therewith. IX. WORKER'S COMPENSATION INSURANCE Unless the Contractor is exempt under the provisions of l.C. § 72-212, the Contractor warrants that it has purchased worker's compensation insurance for Contractor and all employees engaged in the performance of this Contract and shall provide the Office with a Certificate of Insurance upon request by the Office. The Contractor shall notify the Office's Project Coordinator within five days of any change in the status of its worker's compensation insurance. X. LICENSES and OTHER LEGAL REQUIREMENTS The Contractor shall obtain all licenses and fulfill all legal requirements of any and all agencies and units of government for all activities related to the contract. XI. INSURANCE The Contractor shall maintain insurance of the types and in the amounts typically maintained by others in the same occupation or profession as the Contractor, including, but not limited to, comprehensive general liability insurance in the minimum amount of $1 ,000,000 per occurrence, and professional liabilily insurance, if applicable, all with insurance companies properly licensed to do business in Idaho. If the Contractor's liability is limited by a state or federal law such as the Idaho Tort Claims Act, liability for covered claims is limited to those amounts specified by law, and contractor shall maintain insurance for covered claims equal to the minimum amount specified by law. XII. RELATIONSHIP OF THE PARTIES A. The parties intend to create by the terms of this Contract an independent contractor relationship between the Office and the Contractor. B. The parties do not intend to create by the terms of this Contract the relationship of employer and employee. The Contractor shall be responsible to withhold all monies required by law for FICA and income tax purposes. XIII. ASSIGNMENT OF BENEFITS AND DELEGATION OF DUTIES A. The Contractor shall not delegate any duties under this Contract or assign any benefits, including any moneys due or to become due hereunder, without the prior written consent of the Office. B. In the event a delegation of duties or an assignment of benefits is approved by the Office, the Contractor agrees to bind every such delegate or assignee to comply with the terms and conditions of this Contract. XIV. WAIVER, MODIFICATION OR AMENDMENT No waiver, modification, or amendment of this Contract or of any covenants, conditions or limitations herein contained shall be valid unless in writing duly executed by both parties and the parties further agree that the provisions of this section may not be waived, modified, or amended except as herein set forth. XV. COVENANT AGAINST CONTINGENT FEES ATIACHMENT A, Page .l of5 ---PAGE BREAK--- The Contractor warrants that no person or agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Office shall have the right to annul this Contract without liability or in its discretion to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. XVI. PUBLIC RECORDS Pursuant to Idaho Code section 9-335 et seq., information or documents received from Contractor may be open to puhlic inspection and copying unless exempt from disclosure as a trade secret or proprietary. Contractor shall clearly designate individual documents as "trade secret" or "confidential" and Contractor agrees to indemnify and defend the State for honoring such a designation. The failure to designate any document that is released by the Office shall constitute a complete waiver of any and all claims for damages caused by any such release. XVIJ. RIGHTS IN DATA A. The Contractor agrees that all data, plans, drawings, specifications, reports, operating manuals, notes and other written documents produced in the performance of this Contract or in contemplation thereof, are subject to the rights of the Office set forth in this paragraph. B. The Office shall have the right to reproduce, publish and use all such documents or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. C. The Office agrees to identify the Contractor or designate appropriate authorship, on all materials reproduced and published that are a direct product of the work performed under this Contract. XVIH. RETENTION OF RECORDS AND ACCESS TO FACILITIES, PREMISES AND RECORDS A. The Contractor shall establish and maintain project budget accounts and records for work and services required by this Contract in accordance with generally accepted accounting principles and practices. Records shall be retained by the Con tractor throughout the term of this Contract and for a period of thrt:e years following final settlement. B. At all reasonable times during the term of this Contract and for a period of three years following linal settlement, the Oflice, State of Idaho, and their authorized representatives shall have access at the Contractor's offices to its records related to the services performed under this Contract for the purposes of inspection, audit and copying by the Office, State of Idaho, and their authorized representatives. XIX. ATTORNEYS' FEES In the event of a legal proceeding of any kind instituted under this Contract or to obtain performance of any kind under this Contract, the prevailing party shall be awarded such additional sums as the court may adjudge for reasonable attorneys' fees and to pay all costs and disbursements incurred in such proceeding. XX. FORCE MAJEURE Neither party shall be liable for or deemed to be in defaull for any delay or failure to perform under this Contract if such delay or failure to perform results from an act of God, civil or military authority, act of war, riot, insurrection or other occurrence beyond that party's control. In such case, the intervening cause must not be caused by the party asserting it and the excused party is obligated to perform in accordance with the terms of this Contract after the intervening cause ceases. XXI. ILLEGAL ALIENS Subrecipicnt warrants that the Subaward is subject to Executive Order 2006-40 [http://gov.idaho.gov/mediacenter/execorders/eo06/eo 2006-40.html]; it does not knowingly hire or engage any AlTACHMENT A. Page 4of5 ---PAGE BREAK--- illegal aliens or persons not authorized to work in the United States; it takes steps to verify that it does not hire or engage any illegal aliens or persons not authorized to work in the United States; and that any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and shall be cause for termination of its Contract . If the Contract is for the provision of services or for the sale or lease/licensing of computer software, Subrecipient further warrants that its Subaward is subject to Executive Order 2007-09 [http://gov.idaho.gov/mediacenter/execorders/eo07/eo 2007 09.html] and that it must notify the Office in advance in writing if, during the term of its Subaward, it seeks to shift services or work that it represented would be done inside the United States to outside the United States. Failure to obtain the prior, written consent of the Office for such shift constitutes a material breach. XXII. ENTIRE AGREEMENT This Contract sets forth all the covenants, provisions, agreements, conditions and understandings between the parties, and there are no covenants, provisions, agreements, conditions or understandings, oral or written, between them other than are herein set forth. XX£II. SEVERABILITY If any part of this Contract is declared invalid or becomes inoperative for any reason, such invalidity or failure shall not affect the validity and enforceability of any other provision. XXIV. NO WAIVER The waiver of any breach or defaull of this Contract shall not be construed as or deemed to be a waiver of any subsequent breach or default. XXV. EFFECT OF SECTION HEADINGS The section headings appearing in this Contract are not to be construed as interpretations of the text but are inserted for convenience and reference only. XXVI. GOVERNING LAW This Contract shall be governed as to validity, construction and performance by the Jaws of the State of Idaho. The venue of any action brought by any parties to this Contract shall be in a State of Idaho District Court or the United States District Court for the District of Idaho. XXVII. NOTICES All notices shall be sent certified mail, postage prepaid, return receipt requested to: Idaho Office of Energy Resources Attn: (Ms.) Michelle McMikle P 0 Box 83720 Boise, ID 83720-0199 ATfACHMENT A. Page 5 of5 ---PAGE BREAK--- March 15, 2010 OFFICE OF ENERGY RESOURCES STANDARD FEDERAL PROVISIONS ATTACHMENT B For Contracts and Agreements Funded by the AMERICAN RECOVERY AND REINVESTMENT ACT This Attachment B includes two main sections of references to the laws of the United States of America. These are: • National Policy Assurances; and • Special Provisions required by the American Recovery and Reinvestment Act of 2009 (Recovery Act). The Subrecipient understands and agrees that the moneys provided by the Office of Energy Resources (OER) pursuant to the agreement of which this Attachment B is a part are received from the federal government and that federal law restricts the use of said moneys. The Contractor agrees to comply with all applicable federal and state laws including, but not limited to, those referenced in this Attachment B. SECTION ONE NATIONAL POLICY ASSURANCES These assurances are demanded of and made to the federal government. In any case where and to the extent that the Office of Energy Resources is the enforcer of any of the laws which the Subrecipient hereby assures compliance with, the assurance is made also to the Office of Energy Resources. To the extent that a term does not apply to a particular type of activity or award, it is self-deleting. I. Nondiscrimination Policies You must comply with applicable provisions of the following national policies prohibiting discrimination: L On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as implemented by U.S. Department of Energy (DOE) regulations at 10 CFR part 1040; 2. On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), as implemented by DOE regulations at 10 CFR parts 1041 and 1042; 3. On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C.6101 et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR part 90 and DOE regulations at 1 0 CFR part 1 040; ---PAGE BREAK--- 4. On the basis of disability, in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28 CFR part 41 and DOE regulations at 10 CFR part 1041; 5. On the basis of race, color, national origin, religion, disability, familial status, and sex under Title VIII of the Civil Rights Act (42 U.S.C. 3601 et seq.) as implemented by the Department of Housing and Urban Development at 24 CFR part 100; and 6. On the basis of disability in the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq.) for the design, construction, and alteration of buildings and facilities financed with federal funds. II. Environmental Policies You must: l. Comply with applicable provisions of the Clean Air Act (42 U.S.C.7401, et. seq.) and Clean Water Act (33 U.S.C. 1251 et. seq.), as implemented by Executive Order 11738 (3 CFR, 1971-1 975 Camp., p. 799] and Environmental Protection Agency rules at 40 CFR part 32, Subpart J. 2. Immediately identify to OER, as the awarding agency, any potential impact that you find this award may have on: a. The quality of the human environment, including wetlands, and provide any help OER may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321 et. seq.) and assist OER to prepare Environmental Impact Statements or other environmental documentation. In such cases, you may take no action that will have an adverse environmental impact physical disturbance of a site such as breaking of ground) or limit the choice of reasonable alternatives until OER provides written notification of Federal compliance with NEPA, as implemented by DOE at 10 CFR part 1021. b. Flood-prone areas, and provide any help OER may need to comply with the National Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973 ( 42 U.S.C. 400 l et. seq.), which require flood insurance, when available, for federally assisted construction or acquisition in flood-prone areas, as implemented by DOE at lO CFR part 1022. c. Use of land and water resources of coastal zones, and provide any help OER may need to comply with the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et. seq.). d. Coastal barriers along the Atlantic and Gulf coasts and Great Lakes' shores, and provide help OER may need to comply with the Coastal Barriers Resource Act (16 U.S.C. 3501 et. seq.), concerning preservation of barrier resources. e. Any existing or proposed component of the National Wild and Scenic Rivers system, and provide any help OER may need to comply with the Wild and Scenic Rivers Act of 1968 ( 16 U.S.C. 1271 et seq.). f. Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source, and provide any help OER may need to comply with the Safe Drinking Water Act (42 U.S.C. 300h-3). Attachment B, Page 2. ---PAGE BREAK--- 3. Comply with applicable provisions of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), as implemented by the Department of Housing and Urban Development at 24 CFR part 35. The requirements concern lead-based paint in housing owned by the federal government or receiving federal assistance. 4. Comply with Section 6002 of the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6962), and implementing regulations of the Environmental Protection Agency, 40 CFR Part 247, which require the purchase of recycled products by states or political subdivision of states. III. Live Organisms 1. Human research subjects. You must protect the rights and welfare of individuals that participate as human subjects in research under this award in accordance with the Common Federal Policy for the Protection of Human Subjects (45 CFR part 46), as implemented by DOE at 10 CFR part 745. 2. Animals and plants. a. You must comply with applicable provisions of Department of Agriculture rules at 9 CFR parts 1-4 that implement the Laboratory Animal Welfare Act of 1966 (7 U.S.C. 2131-2156) and provide for humane transportation, handling, care, and treatment of animals used in research, experimentation, or testing under this award. b. You must follow the guidelines in the National Academy of Sciences (NAS) Publication "Guide for the Care and Use of Laboratory Animals", (1996), which may be found currently at http://www.nap.edu/readingroomlbooks/labrats/) and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals (included as Appendix D to the NAS Guide). c. You must immediately identify to OER, as the awarding agency, any potential impact that you find this award may have on endangered species, as defined by the Endangered Species Act of 1973, as amended ("the Act," 16 U.S.C. 1531-1543), and implementing regulations of the Departments of the Interior (50 CFR parts 10-24) and Commerce (50 CFR parts 217-227). You also must provide any help we may need to comply with 16 U.S.C. 1536(a)(2). This is not in lieu of responsibilities you have to comply with provisions of the Act that apply directly to you as a U.S. entity, independent of receiving this award. IV. Other National Policies I. Debarment and suspension. You must comply with requirements regarding debarment and suspension in Subpart C of 2 CFR parts 180 and 901. 2. Drug-free workplace. You must comply with drug-free workplace requirements in Subpart B of 10 CFR part 607, which implements Sec. 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.). 3. Lobbying. a. You must comply with the restrictions on lobbying in 31 U.S l352, as implemented by DOE at 10 CFR part 60 I, and submit all disclosures required by that statute and regulation. Attachment B, Page 3. ---PAGE BREAK--- b. If you are a nonprofit organization described in Section 501 (c)(4)of Title 26, United States Code (the Internal Revenue Code of 1968), you may not engage in lobbying activities as defined in the Lobbying Disclosure Act of 1995 (2 U.S.C., Chapter 26). If OER determines that you have engaged in lobbying activities, OER will cease all payments to you under this and other awards and terminate the awards unilaterally for material failure to comply with the award terms and conditions. By submitting an application and accepting funds under this agreement, you assure that you are not an organization described in Section 501(c)(4) that has engaged in any lobbying activities described in the Lobbying Disclosure Act of 1995 (2 U.S.C. 1611). c. You must comply with the prohibition in 18 U.S.C. 1913 on the use of federal funds, absent express Congressional authorization, to pay directly or indirectly for any service, advertisement or other written matter, telephone communication, or other device intended to influence at any time a member of Congress or official of any government concerning any legislation, law, policy, appropriation, or ratification. 4. Officials not to benefit. You must comply with the requirement that no member of Congress shall be admitted to any share or part of this agreement, or to any benefit arising from it, in accordance with 41 U.S.C. 22. 5. Hatch Act. If applicable, you must comply with the provisions of the Hatch Act (5 U .S.C. 1501- 1 508 and 7324-7326), as implemented by the Office of Personnel Management at 5 CFR part 151, which limits political activity of employees or officers of state or local governments whose employment is connected to an activity financed in whole or part with federal funds. 6. Native American graves protection and repatriation. If you control or possess Native American remains and associated funerary objects, you must comply with the requirements of 43 CFR part 10, the Department of the Interior implementation of the Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C., chapter 32). 7. Fly America Act. You must comply with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118), commonly referred to as the "Fly America Act," and implementing regulations at 41 CFR 301-10.131 through 301-10.143. The law and regulations require air transport of people or property to, from, between or within a country other than the United States, the cost of which is supported under this award, to be performed by or under a cost-sharing arrangement with a U.S. flag carrier, if service is available. 8. Use of United States-flag vessels. a. Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)), at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds under this award, and which may be transported by ocean vessel, must be transported on privately owned United States-flag commercial vessels, if available. b. Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph 8.a of this section shall be furnished to both our award administrator (through you in the case of your contractor's bill-of-lading) and to Attachment B, Page 4. ---PAGE BREAK--- the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. 9. Research misconduct. You must comply with the government-wide policy on research misconduct issued by the Office of Science and Technology Policy (available in the Federal Register at 65 FR 76260, December 6, 2000, or on the Internet at www.ostp.gov), as implemented by DOE at 10 CFR part 733 and 10 CFR 600.31. 10. Requirements for an institution of higher education concerning military recruiters and Reserve Officers Training Corps (ROTC). a. As a condition for receiving funds under an award by the National Nuclear Security Administration of the Department of Energy, you agree that you are not an institution of higher education that has a policy or practice placing any of the restrictions specified in 10 U.S.C. 983. as implemented by 32 CFR part 216, on: i. Maintenance, establishment, or operation of senior ROTC units, or student participation in those units; or ii. Military recruiters' access to campuses, students on campuses, or information about students. b. If you are determined, using the procedures in 32 CFR part 216, to be such an institution of higher education during the period of performance of this award, OER: i. Will cease all payments to you of funds under this award and all other awards subject to the requirements in 32 CFR part 216; and ii. May suspend or terminate those awards unilaterally for material failure to comply with the award terms and conditions. 11. Historic preservation. You must identify to us any: a. Any property listed or eligible for listing on the National Register of Historic Places that will be affected by this award, and provide any help we may need, with respect to this award, to comply with Section 106 of the National Historic Preservation Act of 1966 (16 U .S.C. 470f), as implemented by the Advisory Council on Historic Preservation regulations at 36 CFR part 800 and Executive Order 11593, "Identification and Protection of Historic Properties," (3 CFR, 1971-1975 Comp., p. 559). b. Potential under this award for irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data, and provide any help OER may need, with respect to this award, to comply with the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.469a-1 et seq.). 12. Relocation and real property acquisition. You must comply with applicable provisions of 49 CFR part 24, which implements the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and provides for fair and equitable treatment of persons displaced by federally assisted programs or persons whose property is acquired as a result of such programs. Attachment B, Page 5. ---PAGE BREAK--- 13. Confidentiality of patient records. You must keep confidential any records that you maintain of the identity, diagnosis, prognosis, or treatment of any patient in connection with any program or activity relating to substance abuse education, prevention, training, treatment, or rehabilitation that is assisted directly or indirectly under this award, in accordance with 42 U.S.C. 290. 14. Constitution Day. You must comply with Public Law 108-447, Div. J, Title I, Sec. I l l (36 U.S.C. 106 note), which requires each educational institution receiving federal funds in a federal fiscal year to hold an educational program on the United States Constitution on September 17th during that year for the students served by the educational institution. 15. Trafficking in Persons a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not- or i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; iii. Use forced labor in the performance of the award or subawards under the award. 2. The Office as the federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity - i. Is determined to have violated a prohibition in paragraph a.l of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.l of this award term through conduct that is either- A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the Office at 2 CFR part 901. b. Provisions applicable to a recipient other than a private entity. The Office as the federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- f . Is determined to have violated an applicable prohibition in paragraph a. l of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.l of this award term through conduct that is either- i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the Office at 2 CFR part 901. c. Provisions applicable to any recipient. 1. You must inform the Office immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a. l of this award term. Attachment B, Page 6. ---PAGE BREAK--- 2. The right of the Office to terminate unilaterally any provision that is described in paragraph a. or b. of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to the Office under this award. 3. You must include the requirements of paragraph a.l of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of lndian tribe at 2 CFR 175.25(b). B. A for-profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). Attachment B, Page 7. ---PAGE BREAK--- A. Special Provisions SECfiON TWO SPECIAL PROVISIONS These provisions are required by the U.S. Department of Energy to be included in all subrecipient contracts funded by the American Recovery and Reinvestment Act of 2009. B. Segregation of Costs Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the 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 of 2009, Pub. L. 111-5, may be used by any 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 of 2009, 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 contracts that pertain to, and involve transactions in relation to the subcontract, subcontract, grant, or subgrant; and 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 secrelS 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 submission 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 www.recovery.gov.maintained by the Accountability and Transparency Board. The Board may exclude posting Attachment B , Page 8. ---PAGE BREAK--- 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 of 2009, Pub. L. 1 1 1-5, 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 grand jury, the head of a federal agency, or their representatives information that the employee believes is evidence of: • gross mismanagement 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 • a 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-federal 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 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 of 2009, Pub. L. 1 1 1-5, shall post notice of the rights and remedies as required therein. (Refer to Section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 1 1-5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.). Attachment B, Page 9. ---PAGE BREAK--- G. Reguest for Reimbursement - RESERVED H. False Claims Act Recipient and sub-recipients shall 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 or interest, bribery, gratuity or similar misconduct involving those funds. I. 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 appropriated under the Recovery Act and obligated to this award are available for reimbursement of costs until September 30, 2015 . • K. Additional Funding Distribution and Assurance of Appropriate Use of Funds Certification by Governor Not later than April 3, 2009, for funds provided to any state or agency thereof by the American Reinvestment and Recovery Act of 2009, Pub. L. 1 11 -5 the governor of the state shall certify that: 1 ) 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 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, 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. 1 1 1-5, the Governor, mayor, or other chief executive, as appropriate, certifies 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. M. Acknowledgement Acknowledgement of federal project support accompanied by the ARRA logo and posting of it on signs and notices at sites where ARRA funds are used is required under the ARRA, and shall be done immediately on request by the Office of Energy Resources. Attachment B, Page 10. ---PAGE BREAK--- REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 and to report on use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. The reports are due no later than ten calendar days after each month or calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act or at such other intervals as DOE may, in its discretion and from time-to-time require. Recipients and their first-tier recipients [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. The recipient shall report the information described in Section l512(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 prefilled is corrected or updated as needed. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)-SECTION 1605 OF THE AMERlCAN RECOVERY AND REINVESTMENT ACT OF 2009 Definitions. As used in this award term and condition Designated country - 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 of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom); A Free Trade Agreement (FT A) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Hondu,ras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or 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 Is wholly the growth, product, or manufacture of a designated country; or Attachment B, Page 1 1 . ---PAGE BREAK--- In the case of a manufactured good that consists 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 Is wholly the growth, product, or manufacture of the United States; or 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- ( 1) Processed into a specific form and shape; or Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. Public builditlg 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, tenninals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. Iron, steel, and manufactured goods. ( 1 ) The award term and condition described in this section implements- Section 1 605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 1 1 1-5) by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and (ii) Section 1 605(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 1 605 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 Attachment B, Page 12. ---PAGE BREAK--- 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. The recipient shall use only domestic or designated country iron, steel, and manufactured goods in performing the work funded in whole or part with this award, except as provided in paragraphs and of this section. The requirement in paragraph of this section does not apply to the iron, steel, and manufactured goods listed by the federal government as follows: None. The award official may add other iron, steel, and manufactured goods to the list in paragraph of this section if the federal government determines that- 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 (iii) The application of the restriction of Section 1605 of the Recovery Act would be inconsistent with the public interest. Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act. Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph of this section shall include adequate information for federal government evaluation of the request, including- A description of the foreign and domestic iron, steel, and/or manufactured goods; Unit of measure; Quantity; Cost; Time of delivery or availability; Location of the project; Name and address of the proposed supplier; and A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph 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 of this section. Attachment B, Page 13. ---PAGE BREAK--- (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. If the federal government detem1ines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to Section 1 605 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 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 176.110(a). 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. Data. To permit evaluation of requests under paragraph 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 (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 addre}·s, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.][Include other applicable supporting information.] [*Include all delivety costs to the construction site.] Attachment B, Page 14. ---PAGE BREAK--- WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT 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 3 1 of Title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3 145, 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 forth in 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). 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 I 4. Attachment 8, Page 15. ---PAGE BREAK--- ATTACHMENT C ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECGB) CONTRACT BUDGET Principle Entity: City of Moscow Secondary Entities: None Contract Number: CON00063 End Term: August 31, 2011 Budget Amount: $96,200 (see table below) CITY OF MOSCOW CONTRACT BUDGET-EECBG PHASE ONE Personnel $1,529 Fringe $403 Equipment and Supplies $73,212 Construction $19,317 Other-Training $1,739 TOTAL $96,200 ---PAGE BREAK--- ATIACHMENT D ENERGY EFFICIENCY REQUIREMENTS The Idaho Energy Efficiency and Conservation Block Grant ("EECBG") Request for Proposals ("RFP") issued 1 1/2/2009 passed the energy efficiency goals required of the Office of Energy Resources ("OER") by the U.S. Department of Energy to the counties and cities applying for block grants under the RFP. These requirements are implicitly included in every proposal made to OER, and are expressly made part of the contracts resulting from the RFP. The goals of the EECBG stated in the RFP are: 1 . Increased energy efficiency, reduced energy consumption and reduced energy costs through efficiency improvements in the building, transportation and other appropriate sectors. 2. Maximum energy efficiency improvements, fossil-fuel emission reductions, economic benefits and total energy use reduction. To meet these requirements, Contractor must implement the proposed improvements to achieve substantial, long-term energy efficiency improvements, fossil-fuel reductions, energy purchase reductions and total energy use reductions. To do so, Contractors should use the best available technologies and practices in their projects. To achieve these goals, OER strongly encourages Contractor to adhere to the following specifications and practices. If technical assistance is needed, please call OER's Project Coordinator who will connect you with an expert on OER's staff. Lighting Efficiency: • In replacing incandescent lamps-Energy Star® compact fluorescent lamps or linear fluorescent fixtures as described below • In replacing linear fluorescent lamps and ballasts-Super T -8 lamps with instant start ballasts and efficacy Ǔ 95. • In replacing traffic signal lights use light emitting diodes or any other technology of equal or greater energy efficiency. [Note: this is a requirement stated in the RFP.] • In replacing street lights-LED, induction lamps, or any other technology of equal or greater energy efficiency. Insulation: • At a mm1murn install to the insulation values of the 2009 International Energy Conservation Code whenever possible. • Maximize insulation values within the limits of the situation. • Install insulation correctly with full loft, no voids, and covering on all six sides of vertical insulation. [These are the manufacturer's specifications in all cases.] Attachment D, Page 1. ---PAGE BREAK--- A TI ACHMENT D Windows: • In replacing windows-current Energy Star® certification if available for the application. • In every case use Low E glass and thermally broken frame. • No U factor less than .35 is considered energy efficient. • Install windows correctly with permanent air seal caulk or low expansion foam to prevent air leakage on inside. Use proper flashing on outside to avoid water leakage. HV AC Equipment • In replacing equipment-Energy Star® certified furnaces, boilers, heat pumps. • In replacing controls-programmable thermostats, direct digital controls, and commissioning. • If the system is ducted-seal with mastic and insulate to R8. If technical assistance is needed, please call OER's Project Coordinator who will connect you with an expert on OER's staff. Attachment D, Page 2. ---PAGE BREAK--- OFFICE OF ENERGY RESOURCES C.L. ''BUTCH" O'ITER Governor 322 East Front Street. P.O. Box 83720 Boise, Idaho 83720-0098 PAUL KJELLANDER Adminislrator June 3, 201 0 (208) 287-4800 lax (208) 287-6700 TO: Energy Efficiency and Conservations Block Grant (EECBG) award recipient FROM: RE: Stacey Donohue Program Manager Office of Energy Resources (OER) EECBG Phase One Executed Contract Enclosed you will find the original executed contract for your EECBG Phase One project for your records. It will be a pleasure working with you. If you have any questions, please call me at 208-287-491 1 . Sincerely, OeecJ DcNl Stacey Donohue Office of Energy Resources Enclosure "Serving Idaho citizens through effective services to their governmental agencies"