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Home My WebLink About _ 4.6(a)--Authorize change in EECBG grant funds for the Redding Sports Park GI �" Y C� F � "� �- ' � ° � � i � CITY OF REDDING �� REPORT TO THE CITY COUNCIL MEETING DATE: January 20, 2026 FROM: Travis Menne, Director of ITEM NO. 4.6(a) Community Services/Airports ***APPROVED BY*** �` � �� ; � �°' �� ;+�"'� � �.�� C�.s��i�� nn,T��irc�ir�r�,r��C�inantm�t� ��ivices.r'dAirparts 1+?12a2fi :u'� Ic�, ❑ierirnCityPv%��ra�sirF'r�s�,� �bii�4tc�r 1i12r202 :� tmenne@cityofredding.org kkibler@cityofredding.gov SUBJECT: 4.6(a)--A�uthorize a change in purpose for the use of grant funds for the Redding Sports Park Recommendation Approve and authorize a change in use for the U.S. Department of Energy's Energy Efficiency& Conservation Block Grant (EECBG) Program grant funds, moving from focusing on zero emissions vehicles to an energy efficiency project to replace lighting at the Redding Sports Park. Fiscal Impact Redding Electric Utility (REI� was awarded a $149,160 grant through the U.S. Department of Energy's Energy Efficiency & Conservation B1ock Grant (EECBG) Program in 2024. Staff is seeking approval to amend the grant's originally stated purpose—moving from focusing on zero emissions vehicles (ZEV) to an energy efficiency project at the Redding Sports Park, both of which are allowable uses under the terms of the grant. The total purchase price for new field lighting for one field is approximately $156,000. The remaining $6,840 wi11 be paid utilizing the REU energy ef�iciency program funds, which is specified for use in energy efficient improvements. The grant operates on a reimbursement basis. REU has an account set up to temporarily cash flow the purchase, based on the prior grant approval. When the reimbursement is received, funds will be paid directly to REU. Updating the lighting infrastructure for one field is expected to provide an annual savings of $11,000 and significantly reduee energy consumption. There is no impact to the General Fund with this action. Alternative Actzon Council could choose not to change the use in grant funds or provide staff with alternate direction. Report to Redding City Council January 12,2026 Re: 4.6(a)--Authorize change in EECBGgrant funds for the Redding Sports Park Page 2 Background/Analysis Council authorized REU to submit an application to the U.S. Department of Energy's Energy Efficiency and Conservation Block Grant Program at their April 18, 2023 meeting. The REU Director was authorized to sign and execute all documentation, including a funding agreement and any future amendments, to facilitate the grant should it be awarded. REU planned to utilize the grant to fund a study for the City to comply with the Advanced Clean Fleet (ACF) Rule, issued by the California Air Resources Board. However, the grant only allowed for specific consulting firms and the project was not eligible for funding. Rather than return the grant funds, REU and Community Services collaborated to find an alternate and beneficial use for the funds. Though approved by the grant agency and within the Director's authority to amend the grant agreement, staff is seeking Council approval for the change in use of funds because the use differs from Council's original approval. Environmental Review This action is not a project as defined by the California Environmental Quality Act(CEQA). The installation of the new lighting is a maintenance activity. On June 17, 2025, Council determined that maintenance activities performed by various departments on City facilities and equipment are categorically exempt from review under CEQA, pursuant to Section 15301 - Existing Facilities. No further action is required. Council Priority/City Manager Goals � Communication and Transparency — "Improve the quality and quantity of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust" Attachments Previous Staff Report, April 18, 2023 - Authorize Grant Application Seeking EECBG Program Funds Contract (G10810) - U.S. Department of Energy EECBG Program Special Terms and Conditions - 2025 GI �" Y C� F � � �- ' � ° � � i � CITY OF REDDING �� REPORT TO THE CITY COUNCIL MEETING DATE: April 18, 2023 FROM: Nick Zettel, Director of ITEM NO. 4.5(b} Redding Electric Utility ***APPROVED BY*** . � �k ct c �rcctor�i4' c in, u-ic[Jt'riitv 4l�12t)�3 t�s�a a �, ss � eF 4/l2/2023 nzettel@cityofredding.org btippin@cityofredding.org SUBJECT: 4.5(b)--Authorize the Submittal of a Grant Application to the U.S Department of Ener 's Energ Efficienc and Conservation Block Grant Pro ram Recommendation Authorize the following relative to a grant submittal to the U.S. Department of Energy's Energy Efficiency and Conservation Block Grant Program: (1) A�uthorize the Redding Electric Utility Director, or designee, to submit a grant application for $149,160 to fund a comprehensive City-wide Zero Emission Vehicle Replacement and Infrastruct�ure Plan and prepare all documentation and informational sheets necessary for the Energy Efficiency and Conservation Block Grant Program with the U.S. Department of Energy; and (2) Authorize the Redding Electric Utility Director to sign and execute all documentation, including a funding agreement and any future amendments, to facilitate the grant should it be awarded. Fiscal Impact The U.S. Department of Energy's Energy Efficiency & Conservation Block Grant (EECBG) Program has allocated $149,160 to the City of Redding (City). A�uthorization to apply for EECBG Funds will have a minimal fiscal impact, as the City expects total project/program costs not to exceed the $149,160 award. The recommendation has no financial impact on the General Fund. Alternative Actzon The City Council may choose not to apply for the funds, ar provide alternative direction to staff. Report to Redding City Council Apri112, 2023 Re: 4.5(b)--Authorize GrantApplication Seeking EECBG Program Funds Page 2 Background/Analysis The pending Advanced Clean Fleet (ACF) Rule, issued by the California Air Resources Board, requires 50 percent of new medium and heavy-duty vehicles (MDV &HDV)to be zeraemission vehicles (ZEV), and 100 percent of new purchases inust be ZEV starting in 2027. Some counties, such as Shasta, have a low-population exemption and are given an extension to 2027. However, at that time, 100 percent of new MDV/HDV public fleet purchases must be zero-emission. The City currently has 229 fleet vehicles that will be potentially subject to the ACF Rule; 163 are scheduled to reach or surpass their life expectancy before the rule becomes effective in 2027. Any MDV/HDV fleet replacement beyond January 1, 2027, must be 100 percent ZEV. The U.S. Department of Energy, through the EECBG Program, made funds available to eligible local governments to cut carbon emissions, improve energy efficiency, and reduce energy use. Staff intends to use the EECBG funds to hire Frontier Energy, Inc., to provide an implementable F1eet Replacement and Infrastructure Plan that will guide the City in complying with federal and state regulatory obligations and support the conversion of the City's fleet to ZEV. The draft consulting and professional services contract is attached for reference. The City Attorney has reviewed and approved the Grant Pre-Award Sheet. Environmental Review This action is not a project as defined under the California Environmental Quality Act (CEQA), and no further action is required. Council Priority/City Manager Goals � Government of the 21st Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." Attachments EECBG Pre-Award Information Sheet Frontier ZEV Contract ..�. p. ��.. 6 � � s ....��..a ��' .�. �. .� ..�. Special Ter s an Can itions En#ity N�me:Cit}/c�f R�ddi�tc� ("ftecipient"), which is identified in the Assistance Agreement,and the Office of State and Community Energy Programs („SCEP") and Energy Efficiency and Cons�rvatinn Block Grant Pra�ram („EECBG"), an office within the United States Department of Er�ergY("Dt�E"}, enters into this Award, to achieve th� project obje�tives and the technical milestc�nes and deiiverables stated in Attachment 1 to this Award. This Award consists c�f the ft�llowing documents, including all terms and conditions therein: Special Terms and Conditions ,4ttachment 1 Federal Assistance Reporting Chec4Clist �FARC}1 Attachment 2 fVEP,4 Qeterrnination� The f�llc�wing are incorporated inta this Award by reference: i DOE Assistance Regulatic�ns, 2 CFR part 200 as amendec{ by 2 CFR part 910 at http:llwww:eCFR.�r�v. • National Policy Requirements (Nc�vember 1�., 2C12Cf}at http:l/www:nsf.�avlawardslmana�in�l�tc.is�. + The Recipient's applicati�n/prc�pos�l as approved by SCEP, • Public Law 117-58,�Iso known as the Biparkisan Infrastructure Law {B1L). �� . �� 1 Th�FARG wil!be provided at a later date. �The NEPA Determination is attached ta your applieation in the EECBG Program Vaucher AppEication Portal Template Versian 12/19j2023 u.s.o��A�r�erar aF �CI�'I'�� $9CI�9lC�t� (��.°��.'4Vabl� �neCJY Special Terms and Conditians Ta Ie Qf Contents Subpar#A. General Provisions.. ......... ......... ......... ......... ......... ......... ......... ......... .......... ........ 4 7err�1. Legal Authority and Effect:.. ... ..,... ......... . .....:.. .. ....... .. ....... .... ....: ......:..- ... ..::.. ....,..:.:4 7erm 2. flow bawn Requirement..:... . ...:.. ....... . ......... . .......:; .......:. ... ..:..., .....:... ......:, ..,,....,.4 Term 3. Compli�nce with Federaly St�Ite��I11d MU�tiClp81 Lfiw ......:.. .......:: .. ......>. ....::_�.., . .:.:,. ..�... :�.:4 7erm 4:. Incansistency with Federal Law.:..:.......... . .. ....... ......... _........ ..,......, . ,..... , .,........ ,.....,..4 TermS: Federal Stewardship ......... .. ....... ......... ......... ......... . ........ . ........ ......... ........... ........4 Term6. NEPA Requirennents ......... ......... ........... ....... .......... ........... ... ... ......... ......... ..........4 Terrn 7: Natice R��ardin�the Purchase af Am�rican-M�de Equipment and Praducts-Sense af Con�ress....5 Term 8. Reparting Requirements........ ...... . ..... ... ..... .... ......... ......... ......:... ......... ......... ..........5 7errn9. Lobbyin�:,,.. ......... . ........ ..................... ........: ......... ......... ..;.,,... .,.....,. ..,,....� ..,.,.,,...5 1'erm 10. publicatiuns .......... .. ...... ......... ...:..... .......,. ....,..,,, ,;...... .,.... .,. .....::.. ...,.,.:. .....:.,..5 7erm11. No-Gast Extension:. . ....:.:. . .. .....: ......... �. ...,,,.. ....:.,, ,...::.:. . .....::. , ......:.,. ....:.. ,. .....,,.6 7erm12. prnperty St�nd�rds: .....::.. .... ...:. ......... ......... ......::. .. . ...,:. ,.....:.: . .....::., . ...::.; .. .....:,.6 7erm 13. Insurance C4verage . ....;,., ......... ....:..:. .. . ..:._: ....,:... .....:,.. ......... .......,: ..�....,. ..........6 Term�.a. Real Property.... ...... . .. . .. . ......... ......... ...........,.....,.... ......,,. ......,............... ..,...... ..........7 Term15. Equipment., ........ ...,..... ._.. ..... ......... ......... ...._._...........,.....,......... .. ....,., ......... ..........7 Term16. 5upplies...... ........_.......................... ......... ...,.,,............,., ... ,... ... � ...�.....,..........,............ ....,.. ...8 Term 17. Praperky Trust Relationship ......... ......... ....,,... .....,... ..,,.,..: .,,.,,.., ... ....., .,., ... :, .....,....8 Term18. Record R�t�ntion.... ........: . ........................ . .............................. . ..................... ....... ................8 Term19. Audits:........ . . ....... ......... . ........ ...................... ...................... �....,,.. ....,.,.. , ........ ...,,..,..8 Term2Q. Indemnity... . . ........ .......... . .:.... ..�..,..,, ,. ...,,, .. .. ,... ,�...::.. ....,. .:. ......,,. ..,....,. .........,9 Term 21. Fareign N�tional Participatit�n.......:. .......:: „ ...,,.. ...,. .,,.. ....;::. .... ,..: ....,. ,.. ...,.,..: . ..:,,.:..9 Term 22. Pcrst-Award due L�ili�ence Reviews.. ....: ....... .. .. ......::: .....:::. ......... ......,.. ......:,. . ...:.:.,.9 Subpart B: Financial F'rovisions.. , ... . .. , „ .,..1Q Term2�. Maximum Obligation.......... ......... ......,.. ......... .............,,............_...... ..._..........,.,.................10 Term 24. Refund CJbligatinn:....,, ..... .. ....... ...... ... .... ..... ....... .. ......... ......... ......... ....,................10 Term2S. Allawable Costs.,.._. . ....... . ......... ..... ...., .,...............,.... ......... .......,. ..,.....,. ._.....,. ., ..._..10 7erm 26. Decontamination andjor Decommissioning(D&D)Costs....... ....... ......... ......... .. ............. ...10 Term 27, Use of Program Incorne...,,,, ...................... ......... ......... .......,. .....,.,.............. , ......... .........1i? Term28: PaymentArocedures ...,...., ......,�., .... .>........,. . ,�,,,.... ....,,::. ......... ...:...:. ......... .........11 Term29. Budget Changes...:.: ......... .......:: .......:: ........; .......;. ......... ......,,, . ........ .�.....,: ,.......:11 Subpart C. Misceilaneous Provisions.... .,...... .....:..: .... ..... . ......:. ......... . ........ .......:. ......:.. .. ..:....12 Term 30. Environmental,Safety and Health Perfarmance o#Work at bC1E�acilities.. ......... ......_.. .........12 7erm 31. System for Award Mana�ement and Universal ldenti#ier�tequirernents...., ......... ......... .........12 Term 32. Nand'mscicasure and Confidentiality Agr�ements Assurances............................ .. ............. .........14 Term 33. Contractor Chang�Notificaticsn...... ......... ......... ......... ......... ... ...... . ........ ... ...... . ��....,. 15 Term 34. Recipient lntegrity�nd Performance M�tters....,.... , ..,..... . _....... ......... .....�... ,..,,.... .........16 7erm35. Export Cantroi........:....�....,... ...,.,... ...... ..: ...._... . ..,...... .. .....,. ......... .........., .........,.........18 Term 36: lnterim Conflict of lnterest Policy for Financial Assistance..... ........ ......... ......::. ......... . .......:18 Term 37. Org�nizatioe�al Canflict of lnterest.: .... ..:.: ......... .....;:;, . . ...:... .....:;.. ........: .....,.., . . ......,18 1'erm 38. Prohibitiian on Certain Telecommuni�afiions and Video Surveillance Services or Equipment .... .;..,19 Term 39. Human Subjects Research... ......... ......,., ......... ......,.. ..,..._.. . .... ..., ;........ .......,.............20 Term�0. F�raud,Waste and Abuse..... ......... ......... .._..,..., ,....... ......... ......... ......... ....,.... ....,....21 Subpart D. Bipartisan lnfrastrueture I.aw(BIL)-specific repuirements....,............................................... .........�1 2 7erm 41. Reporting,Trackin�and Segregation c�fTncurred Gosts................................. .......... .....................21 u.s.ca�PnRrr�ewr oF �11E,'C'��J��1GI�41��r�c R�n�W�bl�,' En�r9Y Special Terms and Conditions Term 42. Davis-Bacon Requirements .....,,.. .. ..:.. ... .......,...... ,,...,.. .. ,,. .... ..:,... , .,,.. ,.,.,:.,. ...:.....22 Term 43, Buy American Requirernent for Infra�tructure Projects.....: .......:: ..... ...:.... .:::. ......::, ......::.23 Term 44. Affirmative Action and Pay Transparency Requirements,... ......... .............. .. .. ......... .........29 T�rm�5. Potentiaily Duplicative funding Noiice....... ......... ...................... ,. ....,,, ......... .,... .. .. ...,.....29 Terrn 46. 'Cransparency of Foreign Connections......... ............ . ..... .... .... . .. .... ....... .. ... ......... .........29 Terrn 47. Fareign Collaboration Cflnsiderations.._...,.. ......... .......... ........ ..................... .�....... ,........'3� 3 u:s.o��A�ar�n�eaa o� ��r�� (�1Gl�Y1G�1 � F2�C1�V�l�ble Es�e.'rgY Special Terms and Conditions Su art . eneral Provisions Term 1. Legal Authority and �ffec# A DOE financial assistance award is vafid t�nly if it is in writing and is signed, either in writing ar electronically, by a DOE C+�ntracting Officer. 1"he R�cipien� may accept or reject the�ward. Acknowledgement of award documer�ts by the Recipient's authorized representative through electronic systems used by DQE,specifically The EECBG Program Vr�ucher Rortal (ht�ps://dr�erebates.my.site.com/eecbgvauchers/s/), constitutes the �tecipient's aceeptance c�f the terms and eanditic�ns af this Award. Acknowledgement via the EECBG Prt�gram Voucher Por�al by the Recipient's autharized represer�tative con�titutes the Recipi�nt°s electr�anic signature. Term 2. Flow Dowrn Requirement The Recipient agrees tc�apply the terms and eonditions of this Award,as applicable to all subcontractors as required by 2 CFR 2t�0,102,and to require their strict compl'iance therewith. Further, the Reeipient must apply the Award ferms as required by 2 CFR 200.327 to all sub cantractars and to require their strict compliance therewith. Term 3. Co pliance with F�deral, State, and un�cipal Law The Recipient is required to cc�mpiy with appiicable Federal, state, and lacal laws and regulations for all wc�rk performed uo�der this Awrard. The Re�ipient Bs required t�obtain ail necessary Federal, state, and lacal permits, authorizatiions,�nd approval�for all'work performed under this Award. Term 4: In�onsistency with Federal L:aw AnY apparent incansistency between �ederal statutes ar�d regulations and the t�rrr�s and conditions ce��tairaed in this Award must be referred to the CtUE Award Administratar fo� guidance: Term �, �ed�rai 5tewardshfp SCEP wilf exercise n�rrnal Federal stewardship in overseeingthe project activities perfc►rmed under this Award. Stewardship activities include, bcat are not limited to, cc�nducting site visits; reviewing performance and financial reports;providing te�hnica9 assastance andJor temporary interventi�n ire unusaaal circumstances to addr�ss deficiencies that deveiop during the prcaject; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the praject objectrves have been accomplished. Term 6. N�PA Require ents DOE must connply with the National Enuiror�mental Policy Act (NEPA) prior tc� authorizing the use of F�deral funds. Based on a11 inf�rmatior� provided by the R�cipient, SCEP h�s made a � u.s.��aRrns�wr o� ��-�� f�IC4�C1C�t � R�n�v+lable �n�.'CgY Special Terms and Conditions NEF�A deterrnination by issuing a categorical exclusion (CX)for all activities listed in the Application approVed by the Contracting Officer and the C7C7E NEPA Determination. 7h� Recipient is thereby authorized to use Fe�eral funds for the defined project activities,except where�uch activity is subject to a r�strictian set fort'h elsewhere in this/�w�rd. This authcarizatiun is specifie to the pr�ject activities and Ic�cations as described in the Application approued by the Contracting Officer and the C�OE NEPA betermination. If th�Recipier�t later intends tv add tr�nr modify the activi�ies Qr lc�catavns as described in the approued Applicatic�r� and the �(7E NEPA,C�eterrnination, those new activitiesJl�cati�ns or modified activitiesJlc�cations are subj�ct to additionai NEPA review ar�d ar� not autharized fc�r Federal funding until the Cc�ntracting C7fficer provides written autharization c►n those additi�ans e�r modific�tions. Shauld the Recipient elect to undertake activities or change locations prior to written authc�riza�ion frt�m the Contra�ting Officer, the Recipient does sc�at risk c�f not receiving Federal funding fc�r thc�se activities, and such cr�sts may not be recognized as allowable cast share. Conditit�n(s�: NEPA Logs if conducting potentially ground disturbing activities. Term 7. Notice Regarding the Purchase af,�merican-M�de Equipment and Praducts—Sense af Gon�ress It is the sense of the Congress that, to the greatest e�tent practicable, all equipment and products purchased with funds made av�ailable underthis Award should be American-made. Term 8. Repc�r#ing Requirements The reparting requir�ments ft�r this Award are identifi�d on the Federal Assistance Reporting Ghecktist, attached to this Award. Failure to comply with these rep�rrting requirements is consid'ered a mater%al ric�ncompliance with the terms of the�ward. Noncompliance m�y result in withhc�lding of future payments, suspension, or terminatir�n af the current award, and withholding of future awards. A willfui failure tfl perfic�rrn, a history c�f f�ilure to perfcsrm,or unsatisfactory performance of thi�and/�r other financial assistance awards, may als�result in a debarment action to preclude future �wards by Federal agencies. Term J. Lobbying By�ccepting funds under this Rward, the Recipient agrees that nor�e of the funds c�bligated on the Award shall be expended, directly or'indirectly, ta influence congressiona� actir�n on any legislation or appropri�tion matters pending kaef�re Congress, ather than to communicate to Members c�f Congress as described in 18 U.S.C. § 1913. This restrictit�n is in addition t�a thc�se prescribed elsewh�re in st�tute and regulation. 5 Term 1Q. Pubiications u,s.a�r�a�tr�r��T a� �ll�l'�}� ��iCf�flCy t�a ��Y3�W��9��' �t1E.'C"�� Special Terms and Conditions The Recipient is required to incl�de the fallflwir�g acknowledgement ir� publicatic�ns arising out of, or relating ta, work performed under this Award, whethem�copyrighted or no�; « Acknvwledgment:"This rt-6aterial is based upon work sup�orted by the U:S. C7epartment of Er�ergy's Office of 5tate and Community Eroergy Programs(SCEP) �ander the Energy Efficiency and Conservation Block Grant(EECBG� Program Application#XXXXXXXXX" * FuN Legat Disclaimer: "�1'his repoxt was prepar�d as an a�count af work sponsared by an agency t�f the United States Gove�nment. Neither the United States G�vernment nor any agency thereof, nc�r any c�f their em�lflye�s, makes�ny warranty, �xpress or �mplied, or assumes any Iegal liability or responsibility forthe accuracy,eompleterress,, or us�fuln�ss c�f any information,apparatus, prc�duct,c�r process disclosed, or represents that its use would nt�t infringe privately c�wned rights. Reference herein to any specific commercial product, process, or service�y trade name, trademark, manufacturer, or otherwi�e does not necessarily canstitute c,r imply its endorsement, recommendatic�r�, Qr favaring by th� United States Gov�rnment ar�ny agency therec�f. The views and opinior�s of authors expressed herein do nat necessarily state or reflect thase af the United States Gavernr�er�t or any agency therec�f." Abridged Legal Disclaimer:"The views expressed herein do not necessarily represent �he views of the U,S: Qepartnnent of Energy or the Unjted States Goverr�ment." Recipients shauld r�rttake eWery effart to include the full Legai Disclaimer. However, in the event that recipients are constrained by'farmatting andJor page limitations set by the p�blisher,the abridged Legal aisclai�ner is an acceptable alterreative. Term 11. No-�ast ExtensiQn As provided in 2 CFR 2Q{?.3Q8, th� Recipient must provide the Contracting Officer with notice in advance if it intends tc� utilize a ane-tirne, na-c€�st exten�ion of this Award. The notificati�n must include the supparting reas�ns ar�d the �evised peracad of perforrr�ance. The Recipient must submit this notification in writing to the Ccrntracting Offi�er ar�d DOE Technolt�gy ManagerJ�raject t�fficer at 8east 3(l days before the end c�f the current budget period, Ar�y no-cast extension wii] no�aPt�r the project scope, rnilestt�nes,deliverables, or bt�dget of this Award. Term 12. Prc�p�rty Stand�rds The complete text of the Prc�perty Standards ean be found at 2 CFR 200.310 thro-ugh 2Q0.31�i. Alst� see 2 CFR 91Q.36{�for additional requirements for real property and equipment far For- Ra�afit recipients. 6 Term 13. Insurance Coverag+e u;s,cse�eaaarnaEr�a o� ��-�� f�IGI�Cl��c R�neV�ak9i� �neC9y Special Terms and Conditions See 2 CFR 20{l 310 for insurance requirernents for real property and equipment acquired crr improved wifh Federal funds. Also see 2 CFR 910.360�d)for additional requirements for real property and equipment for For-Profit recipients. Term 14. �eal Property Subject to the cc�nditions set farth in 2 C�R 2(?0.311, title to real property acquired or improved under a Federal award will conditionally vest upon acquisition in the non-Federal entity. The non-Federal entity cannat encumber this prc�perty and must failow the requirements of 2 CER 20Ct.311 before disposing of the property. Except�s otherwise pravided by Federal statutes c�r by the Federal awarding agency,real property will be used fc�r the originally authorized purpose as lon�as needed for that purpose. When reat property is nn longer needed fc�r the c�riginally authc�riz�d �urpose, th� non-Federal entity rnust obtain disposition instructions frt�m DOE or pass-through entity. The instructions must provide far one of the foll�wing alternatives: �1} retain title after compensating[�C3�as described in 2 �FR 20fl.311(c){1); {�) Sell the prop�rty and cdmpensate DOE as specified in 2 CFR 200.311(c)(�);or(3)transfer titte to DOE c�r to a third party designated/approved by DCIE as specified in 2 CFR 2�1�.311(c)(3}. See 2 GFR 200.311 fc�r additional requirements pertaining to real property acquired or improved under a Federal award. Term 15, �+quipment S�abject tc� the conditions provided in 2 CFR 200.313, title to equipmer�t(property) acquired und'er a Federal award will conditionally vest upon acquisit'ion with the nc�n-Federal entity. The nc�n-Federal entity cannot encumber this pr�aperty and rnust follow the requirements of 2 CFR 20�.313 before disposing af the property. Equiprnent must be used by the nan-Federal entity in the prograrn or project far which it was acquired as long as it is needed,whether or not the project or program continues tc► be supp€�rted by the Federal award. When no langer needed for the originally authnrized purpose, the equipmer�t rnay be used by prograrns supported by DOE in the priority order specified in 2 cF� zoo.��.�(�l(�)(�) a�,d (��}. Managernent requirements, including inventory and controi systems, for equipment are proV�� n � cF��o�.��.�(d). When equipment acquired und�r a Federal award is no longer needed, the non-Federal entity rnust obtain dispositic�n instructicrns from Dt�E or pass-through entity, Disposition will be made as follc�ws: {1) items c�f equipment with a current fair market,value of $5,0(3�or less may be retained, s�ld, or atherwise di5posed of with nc�further�bligation to 7 DflE; (2) Non-Federa! entity may retain title or sell the equipment after compensating DiJE as u.s,n��taTm��r aF �t1�C�� I�I�'f1C��i F��GI�W�� I"t�CC,��i Speciai Terms and Cvnditions described ir� 2 CFR 2i�0.313(e)(2);or(3� transfer title to DOE or to an eligibie third party as specified in� CFR 200.313(e){3j. See 2 CFR 20Q.313 for additionad requirer�ents pertaining to equipment acquired �nder a Federal award. 5ee also 2 CFR 200.439 Equipmer�t and other capital exper�ditures. Term 16, Supplies See 2 CFR 200.314 for requirerraents perfiair�ing to su�plies acquired under a Federal�ward. See also 2 CFR 2Q0.453 Mater�als and supplies ea�sts, incl�ading costs of camputing devices. Term �7. Property Trust Relat�onship Real property,equipment, and intangible property, that are acquired ar improved with a Federal award must �e held in trust by the non-Federal entity as trastee for the beneficiaries af the project or pragram under which the prQperty was acquired c�r improved. See 2 CFR 2(?0.316 for additic�nal requirements pertaining to real property,equipment, �nd intangible property a�quired or improved under a Federal award. Term 18. Record �efention Cansistent with 2 CFR 200.334 through 200.338,the Recipient is required to retain records relating to this Award. Term 19. Audits A. Government�lnitiated Audits The Recipierat must provide any infiormation, documents, site�ccess, or c�ther assistance requested by SCEP, bC1E or Federal auditing agencies te.g., DC7E Inspector Ger�eral, Governmmera�Accoa�ntabil'sty affice,) for the purpose of audi�s and investigatoc�ns. 5uch assistance may include, but is nat limit�d ta, reasonable access to the Recipient`s recards relating ta this Award. Consistent with 2 CFR part 200 as amended by 2 CFR part 910, DOE may audit the Ftecipient"s fir�ancial records or adr�ir�is�rativ� records relating to thBs Award at any Cime. Government-initiated �udiks are generally paid far by D�E. �{�E may conduct a final audit at the end of the prc�ject period (or the termination �f the Award, if applicable). Upon cc�mpletian of the audit,the Recipient is required tc� refund to DOE any payments for costs that were determi�ed to be un�llowable. I� the audit has nc�t been performed c�r completed prior tc�the claseout of the award, DaE retains the right to recc�ver an a��aropria�e amount after fully cr�nsidering the recommendations on disallowed costs resulting firc�m the fir�al audit. DOE will provide reasnnable advance nr�tice c�f audits a�d wifl minimize interference $ u.s.a�an�rm�rar o� �C1�fC�f ��iCf�f1G�� Re��s�atJl� ��:rgy Special Terms and Conditions with ong�ing wc�rk, to the rnaximum extent practicable. B. �,nnual Independent Audits�Sin�le Audit c�r Compliance Audit) The Recipient must cc�mply with the annual independer�t audit requirernents in 2 CFR 20fl.50a through .521 for institutions of higher education, nt�npxofit organiz�tit�ns,�nd state and local goVernments(Single audit), and 2 CFR 910.500 through .521 for fc�r-profit entities{Campliance audit). The anr�ual independent audits are separate from Government-initiated �udits discussed in part A. of this�'erm and must be paid for by the Recipient. Ta minimize expense, the Recipient may have a Compliance audit in conjunction uvith its annual audit of fi'nancial statements. The financi�l staternent audit is nat a substitute far the Compti�nce audit. If the audit(Single audit or Cc�mpliance audit, depending on Recipienfi entity type) has not �een perf�rmed c�r ccampleted pric�r tc�the elc�seout of the award, DOE rnay impose one c�r mc�re c�f the actic�ns t�utlined in 2 ��i 2t�fl.339, Remedies for N�ncc�mpliance. Term 20. Irtdemnity The Recipient shall ind�mnify DOE and its c�fficers, agents, or emp�lcryees fc�r any and �ll liability, including litigation expenses and attc�rneys' fees, arising from suits; actions, or claims of any charaeter for death, bodily injury, ar loss af or damage to praperty ar to'the environment, resulting from the project, except tca the extent that such liability results from the direct fault or negligence c�f DUE c�fficers, agents t�r employees, or tcr the extent such liability may b� covered by ap{�licabfe allowable cc�sts provisicans. Term 21. Farei�n IVational Participa#ian If the Recipient(including any of its contractc�rs) anticip�tes invo4vin�f�reign nationals in the �erformance of the Award, the Recipient must, upon C?t�E's request, provide DOE with specific infflrmation abc�ut each fc�reign natic�n�i to ensure cor�r�pliance with the r�quirernents fc�r participation and access approval.The volume and type of informati�n required may depend on various factors associated with the Award.The UOE Contracting Officer wi11 notify the Recipient if this infc�rmatio'n is required. QOE may elect to deny a fc�reign natit�nal's participaticrn in the Award. Likewise, Dt7E may elect tc�der�y a foreign national'�access tt� a DC�E sites, infarrnation,technologies, equipment, programs or persQnnel. Term 22. Pc►st-Award �ue Diligence Reuiews During the iife bf the Award, DflE may canduct ongoing due diligence reviews, thrc�ugh Government resources, to identify pQtential risks of undue foreign influence. in the event, a risk is identified, D+�E may require ri�k mitigation measures, including but not limited to, requiring an individual or entity not participate in the A,ward. 9 u.s.ra��ararn��rar o� �r9�(C,�.� ��i�iG(l��f�c F't��UVabie �Cl�,'C9Y Special Terms and Ccanditions Subpart B. �inancial Provisions Term 23. axwmurn C�bli�ation The m�ximum obligation of DOE for this Award is the total "Funds 4bligated'° stated in Biock 13 c�f the Assistance Agreement fica this Award. T�rm 24. R�efund Ubligat�t�n The R�cipient rriust refund any excess payments received frorr� SCEP, including ar�y cc�sts determined unallow�b6e by the �c3r�tracting �fficer. Upon the end of the project period {arthe termination c�f the Award, if applicable),the Recipient must refund ta SCEP the difference b�tween {1)the t�tal payments received from�CEP,and (2) the Federal share of the costs incurred. Refund abligatians under this Term da notsupersede the annual reconciliatior� or true up process if specified under the Indirect Ct�st Term: Term 2S. Allowable Costs SCEP determines the allowability of costs thraugh reference to 2 CFR p�rt 20Ct as amended by 2 CFR part 910. All project�asts must be allcrwabl�, allacable,ared reasonable, The Recipient must document and maintain records af all project costs, including, b�ot not limitied to, the costs paid by Federal funds, casts claimed by its subcontractors, and project cc�sts that the Recipient claim-s as cost sharing, includir�g ir�-kind contributions. The Rec�pient is responsible�ar maintaining records adequ�te tr�demonstrate that casts claimed have been incurred, are re�sonable, allawable and allacable, and comply with the cost principles. Upon request,tl�e Recipient is required to provide su�h records tc�SCEP. Such recc�rds are subject to audit. Failure to provide SCEP�dequate supporting documentation may result in a determonaticrn by the Cantracting Offieer that those costs are unallawable. The Recipient is required to obta'in the prior written �pproval af the Contracting Officer far any fc�reign travel costs. Term 26. Deca�ntarninatrc�n and/or Decarnmiss�oning (D C?j Costs Notwithstanding any c�ther provisions af this Award, the Gcavernment shall nc►t be responsi�le for or have any obligatic�n�o the Recipient for(1) Decontamination andjor Decommissioning (d�D)of any of the F�ecipient`s facilities, ar(2) any costs which may be i�curred by the Recipient in �onnectic►n with the i�&ti c�f any of its facilities due tc�the performante of the work under this Award, whether said work was performed prior tc�or subseque�t tc�the effective date af the Award, T�rm 27. Use of �ro�ram Incam� �o If the Recipient earns program incc�me during the prc�ject period as a result t�f this Award,the u.s.o�wA�rr��ror o� �Cl�f�f��(�4�'CiG� c�e R�n�,'��bl� Energy Special Terms and Canditions Recipi�nt must add the program incame to the funds committed to the Award and used t�a further eligible prc�je�t objectives. Term �8. Payment Procedures A. Methad of Payment Payrrrent wiil be mad� by reimbursement by CFO through ACH, Equipmen# rebate voucher applications will be approved for payment by DOE once the equipment has been instailed and all required documentation has been prc�vided. B. Payments All payments are rnade by electrc�nic funds transfer tcr the bank account identified attached to the Recipient's UEI and identified in the Recipi�nt's SAM,gov account. C. Unauthc�rized Drawdawn af Federal Funds Fcrx each budget period,the Recipient rnay not spend more than the Federal share authorized t�that award, without specific written approva!from the Cc�ntracting t�fficer. The Re�ipient rnust immediately refund SCEP�ny�mounts spent in �xcess taf the authorized amount, A. Supporting t�cacuments fc�r AgencY Apprc�val c►f Payments DOE may request additional infc��rnation from the Recipient to support the payment requests prior tc� release of funds; as deemed necessary. The Recipient is required to comply with #hese requests. Supporting documents include invoices, cr�pies of contracts, vendor quotes, proof c�f installatic�n and ather expenditure explanations that justify the payment requests, Term 29. Bud�et Char�ges A. Budget Changes Generally The Cvntracting t�fficer has reviewed and approved#he budget in Attachment 1 ttr this,4ward. Any increase in the tatal praject cost, whether DQE share or Cast 5hare, v,�hich is stated as "'Totaf"' in Blc�ck 12 to the Assistance Agreement of this Award,must be apprcrved in a�ivance and in writing by the Contractin�C7ffi�er. A,ny change that altecs the project scape, rnilestc�nes or deliverables requires prior written approval of the Cc�ntracting Officer. SCEP may deny reimbursement for any failure t�a comply with the requiremenfis in this terrn. i1 u.s,aEa��arn��nr oe ��f��/ ��IGI�CIC f c�a �t�n�:W��Ae�nc`rC,�y Special Terms and Cond'otions B. Transfers af�unds,�mc�ng Direct Cost Cate�ories The Recipient is required to obtain the priar written approva�of the Contracting Officer for any transfer c�f furods among dorect cost categories where the cumulative amaur�t of such transfers exc�eds or is exp�cted to exceed 1t7 percent c�f the total project cost stated in the laudget on tl�e r�cip+ent`s a�plicatinn. Th� Recipient is required to notifv the DC7E Technc�logy IVlanagerf Project 0#ficer of any transfer of funds amang direct cost categc�ries where the cumulative amount of such transfers is equal to or belt�w 10 percent of the total project cc�st, stated in the budget on th� recipier�t°s appiic�tic��. Subpart C. iscellanee�u� Provisions Term �0. Envirc�nmental, Safety and Health Perfc�rmance af ork at DOE Facrlities With respec#to the �erf�rmar�ce of any portian of the work urider this Award which is perfiormed �t a DOE -owned or cor�trolled site, the Recipient agrees to camply with all State and Federal Environmental, Safety and Heamth (�S&H) regulations and woth a11 ather�S&I-� requirements of the operator of such site. Prior to the �erfarmance an any wrork at a 6�OE-owned ar controlled site, the Recipient shall contact the sitie facility manager for informatie�n on D0�and site-specific ES&N requirements. The Recipient is required apply this provisian to its contractors. T�rm 31-. System for Aw�rd ar��ge ent and Ur�iversal Id�ntifrer R+�quirem�nts A. Requirem+�nt fior Registratian in the Syst�m for Avvard Management(5AM) Uniess the Recipient is exempted from this req�irement t�nder 2 CFR 25.110, tThe Recipient must maint�in the currency af its infarmatian in SAM until th� Recipient submits the final finaneial rep�rt required under this Award or receive the final pay�enti,whichever is later. This requires that the Recipient reviews and updates the informatic�n at ieast annually after th�initial registration, and m�re frequently if required by changes in its information or another awa�d term. B. Unique �ntity Identifier(UEIj SAM aut�►matically assigns a IJEI to all active S�M.gcrv registered entities. Entities no longer have tt�go tt�a third-party website to obtain their identifier. This information �2 u.s.oe�aRrna�r�r oF ��C��ffIGIL'i1C�c�' I�er��vUa�Jie En�.'C9Y Special Teems and Conditions is displayed on 5,4M.gav. if the Recipient is authorized to make subawards under this Award, the Recipient. i, Must notify potential subreeipients that no entity(see definition in paragraph C of this award terrn) rnay receive a subaward from the Recipient unless the entity has provided its U`EI number ta the Recipient, ii. May not make a subaward to an entity unless the entity has provided its UEI number tcr the Recipient. C. �efinitions For purposes caf this award term: i. System fc�r Award Managernent(SAM� means the Federal repositary intc� which �n entity must prr�vide inf�rm�tion required for the c�nduet�f bus�ness as a recipient. Additional,information about registration pro€edures may be found at the SAI� Internet site (currently at ). ii, Unique Entity Identifier�UE1) is the 12-character, alpha-numeric identifier that will be assigned' by SAM.gov upon registration. iii. Entity,as it is used in this award term, means al!of th�following, �s defined at 2 CFR Part 25, subpart C: 1. ;�Governmental �rganization, which is a State, Ic�cal government, or Indian Tribe. 2. A foreign public entity. 3. A domestic c�r foreign ncrnprofit c�rganizatinn. 4. A dornestic t�r foreign fc�r-prc�fit organization. 5. A Federal agency, but c�nly as a subrecipient underan award ar subaward t�a nor�-Federal entity. iv. Subaward: 1, This term means a Ieg,al instrurnent to provide suppart for t'he perft�rmance of any portion of the substantive project or program f�r which the Recipient received this Award and that the Recipient awards to an eligible subrecipient. 2. The term does not include the Recipient's procurement of pro�erty and services needed to carry out the prt�ject or prc�gram {far further �3 explanation, see 2 CFR 200.5t��.Audit requirement�, (f)Subrecipi�nts u.,,ra�F,rrarmr�c�rc�r• �,��f�,� �ffIGIL1lG�� F�eri��+�b{�.' �Ctergy Special Terms and Conditions and Cantra�tvrs andJor 2 CFR 910.�01 A,udit requirements, (f) Subrecipients and Contract�rs). 3. A subaward rnay b� provided thresugh any legad agreernent, incl�ading an agreementthat th� Recipient cansiders a contraet. v. Subrecipient means ar� eratity that: 1. Receives a subaward from the Recipi�nt under this Award, and 2 Is accountabie to the Recipient for the use of the �ederal funds provided by the subaward. Term 32. Nc�ndisclosure and Confadentiai�ty Agreements Assurances A. By entering into this agreemenC, the Recipient att�sts that it d�es n�fi and will r�ot require its emplayees or contraetors to sign internal ncandisclosure or confidentiality agreemer�ts or statements prahibiting or otherwise restiricting its emplc�yees or cc�r�tactc�rs frc�m iawfuliy r�porting waste,fraud, or�buse to� designated investigative c�r Iaw enfarcement representative of a Federal departrr�ent or agerocy authorized ta receive such inform�tion. B. The Recipient f�rther attests that it dc�es nat and will not use any Federal funds to imp(ement or enforce any nondisclosure andjar canfidentiaiity poiicy, fc�rm,or' agreement it uses unless it contains the fc�llt�wing prr�visions: i. "Ti�ese provisions ace consis�ent with and do not supersede, conflict with, ar atherwise alt�rthe employee abJigations, rights, or liabilitie:�created by existing statute or Executive order relating to �1'} classiffed informcrtion, �2) cammunications td Congress, (3) the reporting to an Inspect�r Generai of a vialation af any law, rule, or regulation, or mrsmarra�em�nt, �r gross waste of funds, an a�r�se of authority, c�r a substcrntia/and speci,�ic danger gr� public heaith �r�afety, or(4)any other whistleblcrwer protection. The definitions, requiremerrts, obligations, rights, sanctions, and liabilities crecrted by contrvlling E'xecutirre orders and st�rtutary pr�visions are incorpc�rated into this agreement and�re controlling." ii. The 1irr�ifatir�n above shall nc�t contravene requirements applicable to Standard Fgrm 312, Form AA�14, c�r any other form issued by a F�derai department or agency governing the nondisclosure af classifi�d information. iii. Notwithst�nding provision listed in paragraph (a�, a nc�ndiscl�sure or confidentiality policy form or agreernent that is ta be executed by a persc�n in connected with the ccrnduct of an intelligence c�r'intelli��nce-related`activity, u.s.�e�A�rM�r�F caF �Ci�i'�J��iG1�C1C f� Ren��ie EClergy Special Terms and Conditions other than an employ�e ar officer of the United States Government, may contain provisicans appropriate tt�the particular activity for which such dacument is to be used. Such farm c�r agreement shall, at a minimum, require tha�the person will not disclose any classified inforr�ation receiv�d in the course of such activity unless specifically authorized to do so by the United States Gt�vernrnent. Such n�ndisclosure or confident'tality#orms shall alsr� make it clear that they do not bar discic�sures tc� Congress, c�r to an aut�orized cafficial of an executive agency t�r the Department of Justice,that are essential to repc�rting a substantial violation of law. Term 33, Cantractor Change Notificatican Except far contractars specifically praposed as p�rt o�the R�cipien#'s Appiication for award,the R�cipient must nc�tify the Cantracting t�fficer and Projeet Manager'in writing 30 d�ys prior to the ex�cuti�n of new c�r modified contract agreernents, includin�; naming any To Be Determined contractors; This notificatian does not constitute a waiver�f the prior appr�vai requirements outlined in 2 CFR part 2�0 as amended by 2 CFR part 910, nor does it relieve the Recipient frt�m its obligation to comply with applicable Federal statutes, regulations,and executive orders. In order tQ satisfy this not'ificatit�n requirement,the Recipient documentation must, as a rrrinimum, incluude the fallowing. • A descriptic�n of the service to be prc�vided or the equipment to be purchased. + An assuranc�that the process undert�ker► by the Recipient to sc�l'icit the contractc�r compGies with their written procurement procedures as outlin�d in 2 CFI� �OtJ.31�1 throu�h 2t70.327. * An assurance that no planned, actual c�r apparent canflict af interest exists between the Recipient and the selected cc�ntractor and that the Recipient's written standards of conduct were followed.3' * A completed Environmental Questionnaire, if applicable, � An assurance that the cc�ntractor is n�t a debarred t�r suspended entity. • An assurance that alJ required �ward provisions wil! be flowed d�wn in the resti�lting contraet agreement. 3 It is DOE's positian that the existence of a"covered relationship"as defined in S CFR 2635.502(a)&(b}'between a member of the Recipient°s owners orsenior management and a m�mber a#a subrecipient's c�wners ar senior management creates a#a minimum an apparent conflict of interest that wduld require the Recipient to notify the Contracting�fficer and pravide d�tailed informatian and justification(including,for example, mitigation measures}as to why the subrecipient agreernent daes not create an attual conflict of interest. The Recipient rnust also notify the Contracting-0fficer of any new subretipient agreernent with: (1)an entity that is owned or otherwise contralted 4ay the Recipient;or(2)an entity that is cawned car 1� otherwise contrafled by anqther entity th�t also owns or otherwise controlsthe Recipient,as it is DOE's position thati#hese situations also create at a minimum an apparent confli�t of inferest. u.s.�,��s�esrnr��€r,� ��C'�f ��1Cf�f1G�c� F'eriGW�bi��n�Cgy 5pecial Terms and Conditians The Recipient is respernsible fc�r making a final determination to award or modify cor�tractor agreements under this agreement, but the Recipient may not prc�ceed with the contractar agreement until the Contraeting Officer determines, and pravides the Reeipient written natificatian,that the inforrnation prc�Vide�d is adequate. Shauld the Recipient not receive a written notificatit�n of adequacy frcam the Gontracting Officer within 30 days af the submission of the ct�ntractc�r docum��tatic�n stipulated abc�ve, the Recipient may praceed to award or modify the proposed contractor agre�ment. Term 34. Recipi+�nt Integrity and Perfor ance ` atfiers A. General Repc�rting Requirement If the total value of your currently active Financial Assistance awards,grants, and procuremerot cantracts from all Feder�l awarding agencies exceeds$10,�(��,00(3 for any peric�d c�f time during the peric�d of pe�formance of this Federai award, then you as the recipient during that period af time must maintaan the cc�rrency af infarmatic�n repc�rted to the 5ystem for,4ward Nlanag+�ment(SAM)that is made available in the designated integrity and pe�formanc� system(currently the Federal Awardee P�rformance and Integrity Information 5ystem (FAP11S)) about civil, criminal,or administrat'ive proceedings described in paragraph 2 of this term, Th'is is a statutory requirement ur�der section 872 of Public Law 11t�-427, as amer�ded (41 U.S.C. 2313). As required by sectit�n 3Q10 t�f Pubiic Law 111-212, al!inft�rm�tic�rt posted in�he designated infiegrity and perfor�rance system oro or after April �:5, 2011, except p�st perfc+rmance r�views required far Federal procurement cantracts, will be publicly available. B. Prc�ceedin�s About Which You Must Repart Subr�it the inforrnatior� req�sired abc�ut each proceedirag that: i. Is in conn�ction with the award �sr performance of a Firrancial Assistance, cpoperafive agreemer�t, or pracureme�rt cor�tract from the Federal Gavernmenf; ii. Reached its finai disposition during the most recent five-year period; and iii. Is an�af the fallawing: 1. A criminal pr�ceedin�that resulted in a eonvi�tic�n, as defined ir� p�ragraph E of this award terrn and condi�ic�n; 2. A civil proceeding that r�sulted in a findir�g c�f f�ult and liability and payment�af a monetary fir�e, penaity, reimbursement, restitutic�n,or damages af$5,0�0 a�r more; 3. An admi'nistrative proceedir7g, as defined in paragraph E ofthis term, that resulted in a finding of fault and liability and your payment af either a monetary fine or penalty af$S,Ot?C)or rnare or �6 reimbursement, restitutic�n, ar damages in excess af$'1�O,OOt�; or u.s,oeen�xrmewr oF �[1�C�� ICf�'Y1G f�i R�`nebVab{e �ner9Y Special Terms and Conditions 4. Any other criminal, eivil, or administrative proceeding if: a. It cc�uld have led to an outcome described in paragraph B.iii,1, 2, or 3 of this term; b, It had a different dispc�sitic�n arrived at by consent or comprornise with an acknc�wledgment of fault on your part; and e. The requirement in thi�term to disclose information about the prt�ce�ding does nc�t cc�nflict with applicable laws and regulati�ns. C. Reparting Pr+acedures Enter in the SAM Entity Management�r�a the informatit�n that SAM requires about each proceeding described in paragraph B of this term. You do not need to submit the infr�rmatic�n a sec+�nd time under assistance awards that you received if yc�u already prt�vided th�infc�rmati�n thrc�ugh S�,M because yc�u w�re required to do so under Federal prc�curement cantracts that you were awarded, D. Reportirn�Frequ+�ncy L}uring anY period of time when you are subject ta the requirement in paragraph A c�f fhis t�rm,yc�u must repc�rt �arc�ceedings inforrnation through S,4M for the most recent five-year period, either to report new information �bc�ut any pro�eeding�s) that you have not repc�rted previc�usly c�r affirm thatihere is nt� new infarrnation to report. Recipients that have Federal contract, Financial Assistar�ce awards, (in�cluding cooperative agreement awards)with a cumulative total value greater than $10,00{7,(l{�fl, m�ast disclose serniannually any information about the crim'inal, civil, and administr�tive proce�dings. E. Definitions F�r purpc�ses c�f this term: i. Adrninistrative proceeding means a non-judicial process that is adjudicatory in nature in c�rder tc� make a determination c�f fault or liability(e.g,, Seeurities and Exchange Commis�ion Administrative proceedings,Civilian Board of Contraet Appeals proceedings, and Armed Services Board c�f Contract Appeals praceedings). This includes prc�ceedings at the Federal and State levei but-only in connectic�n with performance t�f a Federal c�ntract trr Financial Assistanee awards. It dcres not indude audits, site vi�its, corrective p1�ns,or'inspectian of deliverabies. ii. Conviction means a judgment or convictian of a criminal offense k�y�ny caurt of cc�mpetent jurisdictian, wi�ether entered upon a verdict or a plea, and includes a conviction entered upnn a �lea of nolo�ontendere. iii. Tc�tal vaSue c�f�urrently active �inancia� Assistance awards, coc�perative agreements and procurement contracts includes— 1� u.s,c�FP�rzr��rar o� �Yl�t'C��/��I�iGfl��/�i ��r`9E;v�ab�� Ct�r�Y Special Terms and Conditions 1, t�nly the Federal share of the funding �nder any Federal award with a recipient cost share ar match; and 2. The val�ae of a-II expeeted funding increments under a Federal award and optians,even if not yet exercised. Term 35. Export Control The United States gc�vernment reguiates the trar�sfer c�f informatic►n, cornmodities,technolagy, and software consi+dered tt�be strategically important ta the U.S. to �rotect national s�curity, foreign palicy, and e�onc�mic i�terests withau� imposing undue regulatory burdens an legitimate international trade.There is a netwt�rk flf�ederai agencies and regulaticans that gouern expr�r�ts th�t are cc�llectively referred ta as "Export Contrc�ls:"'The Recipient is responsible for ensurir�g cc�mpliance with all appl�cable United States Export Contral laws and reguiations relating to any v,rork perforcned under a resulting aw�rd, The Recipient must immediately report tc� I�(7E any export cantrol violations relat�d to the project funded under this aw�rd, at the recipient or subrecipient level, and provide the corrective action(s) to prevent future vic�latic�ns. Term 36. Interim Cc�nfliCfi of Ir�terest Palicy for Financial Assistance The DQE interim Canflict of Interest Paiicy for Financia! Assistance(C�I Policy) can be found at https:Jf www.ener�y.�oulmana�emer�tJdepartment-e�er�y-interim-eanflict-interest-palicy- requirements-financial-assistance.This pa�licy is applicable to a!I non-Fed�ral entities applying for, or that receive, DOE funding by means of a financial assistance award(e.g.,a grant, coc�perative �greement, or technology investment a�reemer�fi)and, through the impiementation of this p�iicy by the entity,to each Investigator who is pianning to participate in, or is participating in, the project fund�d wholly crr in part under this Award.7he term ,,Investigator" means�he F�9�nd any t�th�r person, reg�rdless of title c�� positaon, wha is respc�nsible far the purpose, design, conduct, or repc�rting of a project funded by DdE ar proposed fc�r funding by D�E.l'he Recipient must flow down the requirements of the interim COI Pc�iacy to any contracting non-Federaf er�tities, with the exception of DaE Natior�al Labaratories. Further, the Recipient m�st rdentify a!I fjnancial conflicts of interests (FCOI), i.e., managed and unmarragedj unmanageable, in its initial and angoing FCOI reports, Prior ta award, the Recipoent was required to;1)ensure all Investigatc�rs on this Awrard corripleted their significant�inancial disc6osures; 2) review the di5closures; 3) deterrnine whether a FCCII exists; 4)d�velop and implernent� martagement plan for FCOIs, and 5) provide Dt?E with an initiai FC01 report that enclutles a11 FCQIs{i.e., managed and unmanagedJur�manageable). Within 180�ays c�f the date of the�1wa�d,the Recipient must be in full compliance wlth the+�ther requirements set fcrrtM in DCJE's interim CQI Policy. Term 37. Glrganizational Confli�fi af Interest t�r�ganizationaf canflicts of interest are those where, b�cause of reiatianships with a p�rent company, affiliate, or subsidiary organization,the Recipient is unable ar appears to be unable to �s u.s.QeP�ttr�e�r aF �I1�P�� tCI�C1C��s ��I� �� Spetial 7errns and Gonditic�ns be impartial in conducting prr�curement action invc�lving a related organizatior�(2 CFR 20t7.318(c)(2)). The Recipient must disclose in writing any�ofential or actu�l organizational conflict of inte;rest to the DC1E Contracting Officer. 7'he Recipient must prc�vide the disclr�sure pric�r to engaging in a procurement or tr�nsacti�n using project funds with a �arent, affili�te, c�r subsidi�ry arganiz�tion �hat is not a state, Iocal gouernrnent,cfr Indian tribe, For a list of the information that rnust be included the disclosure, see Secti�r�V#. t�f the DOE interirn Ct�nflict af lnterest Policy for FinanciaJ Assistance at https:J/www.ener�y.�r�vJmana�ementldepartment-ener�v- interirn-confli�t-interest-pc�licy-requirements-financial-assistance. If the effects of the potential or actual �arganizatic�nal canflict of interestcannot be avoided, neutralized,ar rnitigated,the Recipient must pro�ure goc�ds and services fr�m other�ources when using project funds. Otherwise, DOE may termirtate the Awrard in acct�rdance with 2 CFR 20C1.340 unless continued performance is determined to be in the best interest Qf the Federal government. The Recipient must flow down the requirements c�f the interim CC7( Policy to any contracting non-Fe�leral entities,�vith the exception of C?tJE National Laboratories.The Recipient is resp+ansilale for ensuring contractor ct�mpliance with this term. If the R�cipient has a parent, affiliate, or subsidiary organization that is not�state, I€�cal gc�vernment, or Indian tribe, the Recipient rnust maintair� written standards c�f conduct covering organizatic�n�l conflicts af interest. Term 38. Pr�►hib�tiun +�n Certa�n Telecammunications and Video 5urveillance Services or Equipment As set forth in 2 C�R 2(1�.216, recipients and subrecipients are prohsbited f�-om c�blig�ting c�r expending project funds(Federal and non-Federal funds) to: (1) Procure or obtain; (2) �xtend car renew a contract to prc�cure or c�btain; or (3) Enter into a contracf{c�r extend or renew a contract),tt� procure or obtain equipment, services, or systems that uses�overed telecommunications equipment�r services as a substantial or essentiai component of any$ystern, or as criticai technology as part of any system. As described in Rublic Law 115-232, sectic�n 889, cc�vered telec�mmunications equiprnent is teiecommunications equiprnent praduced by Huawei,Technatt�gies CompanY c�r�TE Corporatiar� {or any subsidiary or affiliate af such entities), ji) For the purpc�se of public safety, security t�f government faci{aties, physical security 1� surveillance of critic�l infrastructure, and oth�r national security purposes,video u.s.o��aaRr��aar a� �CI�� 1�4��1C�� F��.'C1�W�ble �rs�rJY Special Terms and Canditions surveillance and telecommunications equipment produced by Hytera Ct�mm�ni�ations Cc�rporation,Na�gzhau Hikvision Digital Technology Compar�y, or Dahua Te�hnology Camparay�or any subsidiary or affiliate of such entities}. (ii)Telecommunic�tions or video surveillance services provided by such entities c�r using such eqa�`ipment. (iii)T�lecommunicati�ns or video surveillance equi�ament or services produced or pravided by an entity thafi the Secretary af Def�nse, in cor�sultatian with the Dir�ctor af the National Intelligence ar the director of the Federal Bureau of fnvestigation, reasonably believes tc�be an entity owned �r controlled by, or otherwise connected ta,the gouernment of a cavered fc�reign cc�untry. See Rublic Law 115-232, section 889 for additit�nal infarrnation. Term 39. Humar� Subjects 'Research Research involving human subjects, bic�specimens, or identifiable private infarmatian conducted with Dep�rtr�ent t�f Energy(D�E)funding is subject to the requirements of a0E Order�43.1C, Protection of Hurnan Research Subjects, 45 CFR Part�6, Protectivn of Human Subjects (subpart,4 whrch is referred to as the "Common Rule"), and 10 CFR Part 745,Pratectian c�f Nurnan Subject�s, Federal regulation and the DOE Order require review by an Institutional Review Board (1�t6)of al! �raposed hurnan subjects research proj�cts.The IRE3 is an interdisciplinary ethics board respons`ible for ensuring that the propt�sed research is saund and jcastifies the use of human subjects or their data; the potential risks ta human sub�ects have been minirnized; participation is uoluntary;and c4ear and a�curate informatit�n a�a�rut the s�udy, the benefits and risks af participating,ar�d ht�w individuals" dataJsp�cirnens will be protected/u5ed, is pr�vided to poter��ial participan#s for their use in determining whether or not�o participate. The Recipient�hall provide the Fed�ral Wide Assurance number ider�tified in item 1 belt�w and the certification identified it� item 2 below to DOE rrp �c�r to initiation af any projeet that will involve interactions with humans in some way(e.�., thrt�ugh surveys); analysis af their identifiable dat� (e.�., d�mographic data arsd �r�ergy use over time); asking individuals to test devices, products, or materials develaped thraugh research;andJor testing af�ommercially availabie d�vices in buildingsJharr�es in which humans will be present. Nt�te:This list a� examples is ilfustrative and not al1 inclusive. Na DOE fur�ded research activity involving humar� subjec�s, biospecirnens, c�r identifiable private infc�rmation shafl be conducted withc�ut: zo u.s.aEPaRrnt��vr o� �t1�Cb�� lGI�°C1C� �c ��.'neWak?�e �rE�.'r9Y Special Terms and Conditictns 1) A registration and a Federal Wide Assurance of cc�mpliance accepted by the C7ffice of Hurnan Research Pr�tection (t�NRP) ir�the C7ep,�rtm�nt of He�lth and Human 5ervices; and 2) Certificatican that the research has be�n reviewed and approved by an Institutianal Review Saard {1RB) prc�vided for in t1�e assurance. IFt6 review may be accc�mplished by the awardee's institutic�nal IRB; by the Central p0E IR61 c�r if collabQrating with ane of the DOE national laboratories, by the Dt3E national laboratary 1RB. The Recipient is responsible for ensuring all subre�ipients c�mply and for reporting information ar�the project annually to the C�C?E Human 5ubjects Research C�atabase (�15RD) at hfi��s.l�sco�r�ce.�sti.��#��r��nS�abi��t��t��n-S�b°�cts-C�at�b�s�lh�rr�e. Nate: If� DdE IRB is used, na�nd of year rept�rting will be needed'. Additional information on the C�OE Numan Subjects Research Rrogram can be found at: https:/Jscience.c�sti',�c�vJberJhuman-subjects Term 4Q. Fr�ud, Waste and Abus� The rnissic�n r��the �7QE C?ff�ce of Inspe�t�r General (OIG) is tc� strengthen the integrity, economy and efficiency of dC7E's programs and operations including deterring and detecting fra�ad, waste, abuse and mismanagement.The t�IG accompli�hes this rnission primarily through investigations, audits, and inspectic�ns of C��partment t�f Energy activiti�s tn inctude grants, co�perative agreements, loans,and cantraets.The C11G maintains a Hotline fc�r reporting allegatic�ns af fraud,waste, abuse, or m'ssrnanagement. To repart suc4� allegations, please v3sit https:/Jwww.energy.gc�vJigJig-hc�tline; Additionaily, the Recipient must be cognizant of the requirements of 2 CFR § 200.113 Mandatc�ry disclosures, which states: The non-Federal entity+ar appticantfor a Federal award must disclose, in a tirnely manner, in writing to the Federal awarding ag�ncy or pass-through �ntity all viol�tinns of F�deral criminal I�w involving fraud, bribery, t�r gratuity violations potentiaily affecting the Federal award, Nern-federal entities that have received a Federat award including the term and conditian outCined in appendix XII of 2 CFR Part 2tJ0 are rer�uired to report certain civil, criminal, or administrative proceeciings to SAN9 (currently FAPi1S}. Failure to rnake required disclosures can result in any of the remedies described in § 200,339. (See also 2 CFR part 180, 31 U.S,C. 3�Z�, and 41 U.S.C. 2313.) Subpart D. �ipart�san Infrastructure Law (BIL)-specific requirements Term 4�, Re�acar#�ng, Tr��ki�� d �egreg�tic�n af Or��c�rr�ed �c�sts z'� u.s.a�Pa.rarm�nr o� �fl�P"��° �'�IGiLf1C�c�C F��r��u�t�ktl�.' �C1�.'r9Y Special Terms arsd Conditions �IL funds can be used in conjunctic�n with other funding,as necessary to complete projects, but tracking and reporting must be separate to meet the reportin� requirements of the BIL and related Office r�f Management and Bud�et{OMB) Guidance, The Recipient must keep separate recc�rds for BIL funds�nd must ensu�e thr�se records cor�nply with�he requiremer��s of the BIL. Funding prc�vaded th�ough the BIL that is supplementai tca �n existing grant ar cc�aperative agreement is one-time funding. Term 42. D�vis-Bacon Requirem�nts This award is funded under Division [�c�f the Bipartis�n Infrastructure Law{BIL). AI! laborers and mechanics�mpic�yed by th�recipient, subrecipients, cc�ntractors or subcontractors in the perfarmance c�f construction, alteration;c�r repair work in excess af$2,000 on an award funded directiy by or assisted in who9e c�r in p�rt by funds made available under this award shall be paid wages at rates not less than fhose prevailing on simifar projects in the locaiity, as det�rrn+ned by the 5ecretary af 1.�bor in accc�rdance with subchapter IV of chapter 31 of title 4Q, United States Code commonly ref�rred to as the "Davis-Bacon Act°' (DBA). Recipients shal( provide written assurance acknowledging tne i�BA requirements for the award ar praject and'confirming that ail Qf the labarers and mechanics performing constructian, alteration,r�r repair,through funding under the award are paid or will be paod wages at rates not Iess than those prevailing an projects af a character similar in the locaiity as determined by Subchapter iV�f Chapter 31 of Title 4t�, tlnited St�tes Code ([7avis-Bacorr Act). �he Recipient rn�st comply with all of the Davis-Baeon Act requirea�nents,including but not limited to: (1) ensuring that the wage deterrnination{s)and appropriate Davis-Baeon clauses and requorements are flav,�ed down tca and incorporated inta any applicable subcontracts. (2) being responsible for compliance by arsy subcontractar with the Davis-Bacon 9ab�r standards. {3� receiving and reviewing eertified weekly payrol#s submitted by adl subcontractors and subrecipients for accuracy�nd to identify patential com�liance issues: (4) maintaining origin�l certified weekly payrolls for 3 years aft�r the cornpletion of the prc�ject and must make those payrolls available to the DOE ar the Departm�r�t of Labor upan request, as required by Z9 CFR 5.6(a)(2�. (5) cored�cting payrol! and job-site reviernos for construction work, ir�cluding interviews with empioyees, with such frequency as may be necessary to as�ure compliance by its subcantractors and as requested or directed by the DOE. (6) cc�operatin�with any authorized represenfiative af the Ctepartrnent of�:abar in their inspecticrn of records, interviews with employees, and other actions 22 underfiaken�s part crf a t�epartment of Labor investigation. u.s.oePas�r��r�r a� ��C��ffiC(�'11G f � (�e91ee�abl� �r��.'rgY Special 7erms and Candiiiuns (7} pc�sting in a prt�minent and access�ble place the wage determinatit�n{s}and Departmenit of�abor Publication: WW-1321, Notice to Employees Working on Federa! or Federally Assisted Construetion Projects. (8) notifying the Cc�ntracting Uffiicer of aN labor standards issues, including ali complaints regarding in�orrect payment+af prev�i�ing wages andJc�r fringe benefits, received from the recipient,,cc�ntractor, or subcontractc�r employees; significant labc�r standards vic�lati�ns, as defined in 29 C�R 5.?;disputes cancernin�labor standards pursuant to 29 GFR parts 4, 6,and 8 and as defined in FAR 52.222=14; disputed labc�r standards determinatic�ns; C�epartment caf Labor investigatic�ns; or tegal or judicial proceedings related to the labt�r standards under t1�is Contract, a subcontract,or subrecipient award. (9) preparing and submitting t�the Cc�ntracting C7fficer, the Office of Management an� Budget �c�ntrol Number 19'�.Q-5165, Davis Bacc�n Semi-Annual Labor Compliance Report, by�,pril 21 and t?ctober 21 of each year. Form submittal will be administered thraugh the iBenefits system (https://doeibenefits2,energy.gov)or its successor system. The R+ecipient must undergo L?avis-Bacon Aet cornpliance tr�ining and must maintain cc�mpetency in �avis-Bacon Act ecamp4iance. The Contracting C?fficer wil! nc�t�fy the ftecipient of any D�E sponst�ced Davis-Bacon Act cc�mpliance trainings.The Departm�nt of�abar offers free Pre�railing W�ge�eminars sev�ral times a ye�r that meet this requirement, at htt�s:/Iwww.dof.�ov/a�encies/w�d/�overnment-cantrac�slconstructionlseminarslevents. The�epartrnent c�f Energy has contracted with, a third-party DBA electronic payroll campliance software applicatioe�.Th�Recipient rnust ensure the timely electronic submission af weekly certified payrolls as part flf its compliance with the Davi$-Bacon Act unless a waiver is granted tc�a particular contractor or subcontractor because they are unable ar limited in their ability to use or access the sc�#tware. aavis Bacan Act Electronic Certified Payroll 5ubmissic�n Waiver A waiver must b�e granted before the award starts. The appiicant daes not have the right to appea!SC��'s decision cancerning a waiver request. Fc�r additi�nal guidance on h+�w to comply vuith the Davis-Bacon provisic�ns and clauses, see htt�s:lJwww.dc�l.��v/a�enc�eslwhdl�c�vernment-contractslconstructic�n and https:llwww.dc�I.�ovla�encieslwhdl�overnment-contractslprotections-for-workers-in- construction: Term 4�34 E�t�y American Requirement for Infrastructure Prnjects *N07"E.�Buy American Requirements only apply to awards over$250,000: Please c�isregard this 2� section if yaur tntal E�CBG I�rogram award is less than$25t7,t7a0. u.�,a�parzrm�ear a� �t1�C"�� 1�l�f1G�$s ��d�i�UV�hJI�° �ll�C�1f Special 7erms and Conditians A. ��f111i#IC?t15 Companents are defir�ed as the articles, materials, or supplies incorparated directly int�the end manufact�ared pra�uct�s). Construcfiior� Materials are an articie, material,or supply—ather than an item primarily af iron c�r steelr a manufactured prod�act;cement and c�mentitic�us materials, aggregates s�ch�s stone, sand, or gravei; c�r aggregat� binding agents ar additives--that ps used i� an infrastructure prc�jeet and is or cor�sists primarily of non-ferrous metais, plastic and poiymer-based product�(including polyvinylchlc�ride, composite 6uilding materiais, and pc�lymers used in fiber optic cables),glass(including aptic glass), lumber, drywall, coatings (paints and stains), optical fib�r, clay brick; composite building materials; or enginSCEPd wood pr�aducts. Domestic Content Procurement t�reference Req�iremen#- me�ns a requiremerrt that no amounts made available through a,program for federal financial assistance may be obqigated for an infrastructure project unless— (A)aFl iron and s�eel used ir�the project are produced ir�the United States; (B} the man�rfactured products used in the project are produced in the United St�tes; or (C) the ct�nstructian materiaBs used in the project are produced ira the United States, Also referred to �s the �uy Am�rica Requiremertit. In#ras#ruc�ure ir�ciudes, at a mi'nimurr�, the structures, facilities, and equipment located in the United Stafies, f�r: rc�ads, highways, and bridges; public trar�spr�rtation; dams, ports, harbors, ar�d other maritir�e facilities, ir�terc�ty passenger and�reight railraads; freight and intermr�dal facilities,airpc�rts; wat�r systems,including drinking water and wastewater systems; electricai transmission tacilities and systems; utilities; broadband infirastructure, and buildings and r�al prc�perty; and generafiion,firanspr�rta�ion, and distributit�n af energy- including electric vehicle{EV) charging. The term "i�frastructure" should be interpreted �roadly, and the definition provided aboue should be cc�nsidered as iliustrative arrd not exhaustive. za u.s.o�PaRrr��ar o� �CI�(��i�I�f1C� � Rerl�,'Wabl� �r�ergy Speciai Terms and Conditicans Manufactured Products are iterns used for an infrastructure prc�ject made up of cornponents that are r�ot prim�ri3y of iron t�r steei; constructi�n rnaterials; cement ar�d c�mentitic�u� rriaterials' aggregates such as stone, sand,or gravel;or aggregate binding agen;ts c�r�dditives. Primarily of iron or steel means greater than 50%iron or steel, measured by cast. Project- mean�the cQnstruction, alteration, mainten�nce, or repair of infrastructure in the United States. Publi�c-The Buy America Requirement does not appty tc� nan-public infrastructure. Fc�r purposes of this guidance, infrastructure should be considered "public" if it is: (1) publicly owned or(2) privatety owned but utilized primariky for� public purpr�se. Infrastructure shc�uld be considered to be "utilized primacily for a public purpose" if it is priv�tely aperated on behalf of the public or is a place of public accQmrnodatic�n: B. Buy Ameriea Requirement None of the funds provided under this award (federal share or recipient cc�st-sh�re) may be used for a project for infrastructure unlessz �.< A,lI irc�n and steel used in tt�e pr�rject is p�oduced in the United States--this means al! manufa�turing processes, from the initial melting stage through the application of c�atings, c�ccurred in the United States, 2. A11 manuf�ctured products used in the project are produced in the United States—this means th� manufactured prc�duct was rnanufa�turec! in the United States; and the cc�st of the comp�nents�f the manu#actured prc�duct that are mined, produ�ed,t�r manufactured in the United States is greater than 55 p�rcent c►f the total cost of all components of the manufactured prc�duct, unless another standard for determining the minimum �maunt of domestic content of th� manufactur�d product has been established under applicable law or regulation; and Zs u.s asP��r�n�r�r oF ��y�� flGl�'Y1G}/�z F��r�c�wabd��nerc�y 5pecial Terms and Conditions 3. AI6 construetian rr�ateria9s are manufa�tured inthe Ur�ited States—this means that all mareufacturing processes for the constructian materiai c�ccurred in the United States. The Buy America Requirement anlY applies ta articles, materials,and supplies that�re consumed in, incorporated inta, ar permanently affixed to an infrastruct�re project. As such,it does not apply to tools, equipmer►t,and supplies, such as t�mporary scaffolda`ng, brought into the constructir�n site and rernoved at ar bef�are the compietian of the infr�structure prflject. iVor dc��s a Buy Am�rica �?�quirement apply to equipment and furnishings, such as mouable chairs, desks; and portable computer equipm�nt, that are used at or withirr the finished infrastrueture project but are not ar� integral part af the structure�r permaneretly affixed to the infrastructc�re prc��ect. Recipients are respQnsible for administering their a'ward in accc�rdance with the terms and conditions, incl�ding t�e �uy America Requirement. The recipient must ensure that the Buy America Requirement flows down to all subawards and that the subawardees and subrecipients comply with the Buy America Requirement. The Buy America Requirement term a�d condit�a�n must be included a11 sub-awards, contracts, �ubcontracts, and purchase orders for work performed under the infrastructure pro}ect. C. Certrficafiion of Compliance The Recipier�t rnust certify or prmvide equivalen#doc�mentatic�n for prt�of of corr�plaance that a good faith effart was made tcr solicit bids for dorr�estic p�oducts used in�he infrastructure project under this Award., The R�cipient rr�ust alsa maintain certificatic�ns or equivaient dacur�entatian for proof of compliance that those artic�es, nnat�rials, and supplies that are car�surr�ed in, incarporated inta, a�fix�d to, or otherwise used in the infrastructure pro�ect, not covered by a vuaiver or exernption, are praduced in the United States.7he c�rtification or proof of compiiance must be provided by the suppliers c�r manufacturers of the irc�n, steel, manufactured produets and construction materials�nd flow up from ai! subawardees,ear�trac�ars and vendars to the Recipient. l`he Re�ipient must keep tMese cert6fications with the awardJpraject files and be able to produce them upon request from DC�E, auditc�rs or�fifice of lnspector General. �� u.s,oer�.ra-rmErar 4� �tl�..'fC�}� ��1CI�i1C�tqsc ��il�W��l� �Ct�C�� Speciaf Terms and Canditions C�. WarVeYS When necessary, the Recipien# may apply for, and D0� may gr�nt,a waiver from t�e Buy,4meriea Requirement. Requests to waiue the appficatic►n of the Buy America R�quirement t�riust be in writing to the Cc�ntr�cting C7fficer: Waiver requests are subject to review by(�UE and the �ffice of i�anagement and Budget, as well as a public cc�mment peri�d of nc�less than 15 calen�ar days. Waivers must be based €�n one af the follcrwing justifications: 1. Public Interest-Applying the Buy Ameriea Requirement�vould be inconsister�t with the public'int�rest; 2, Non-Avaitability-The types of iron, steel, m�nufactured prc�ducts, c�r construction m�terials are not prc�duced ir�the United States in sufficient and reasonalaly availabie quantities c�r of a satisfactary quality;or 3. Unreasonable Cost-The inclusic�n of iran,steel, m�nufactured prc�d�cts, or constructic�n materials�raducecf in t4�e United States will increase th�cost af the overall pr�ject by m€�re than 25 percent. Requests to waive the Buy Arnerica Requirement must inc4ude the following: • W�iver ty}ae{Public Interest,Non-,4vailability, or Unreasonaiaie Co�t); • Recipient narne and Unique Entity Identifier{UEI�, • Award inf�rmation {Federal Award Identification Number, Assistance Listing number); * A brief description of the presject, its Iocatior►, and the specific infrastructure invc�lved; • Tota!estirnated projecficost, with estimated federal share and recipient cr�st sha�e breakdc�wns; • Totaf estimated infrastructure casts, with estimated federal share and recipient cost sh�re breakds�wns; • List and description of iron c�r steel item{sJ, mar�ufactured goa�ls, anciJor construct�on materia{(s)the recipient seeks tc� waive from the Buy America Preference, inciuding name,cc�st, quantity(ies), country(ies) of origin,and relevant Prt�du�t Service Codes(PSC)arrd North American Industry Ciassification 27 System (tUA,ICS)codes�or each; u.s.��r��rm�s�v a� �i1�p"��' ��iGi�tl�� F��r��Wabi� �C1�r�Y Speciat Termsand Condi#ians * A detailed justific�ti�on as to how the nc�n-domestic item(s) isJare essentiai the prc�ject; i A�ertification that the recipient made a goQd faith effart to solicit bids ft�r damestic products support�d by terms included in requests for pr+�posals, contracts, and nc�n-proprietary commaar�icatic�ns woth potential suppliers; • A justification statemer�t—based c�n one of the applicakale justifications outlined abtave—as to why the listed items cannot be prc�cured dc�mestically, inciuding the due diligence perft�rmecf(e.g., rnarket research, industry a�+treach, ce�st anaiysis,cost-benefit anaiysis} by the recipient to attempt ta avoid the need fr�r a wai�er.This justificatior� may cite, if applicable,�h�absence of any Buy Ame�ica-compliant bids received for�omestic products in resporose to a solicdtation; and * Anticipated impact to the project if nc�waiver is issued. The Recipient should consider using the following principles as minimum requirements cc�ntained in their waiver requesC: • Time-limited: Consider a waiver c�nstrained prir�cipally by a length af tiime, rather than by the specific prcrjectjaward to which it applies.W�ivers c�f this type may be appropriate, for example, when an item that is "r�on-avaiiabie" is wideiy used in the project. When requ�sting sach a waiver,the Recipient should identify a reasonable, definite time frame (e:g„ no more than one to two years) designed so that the waiver is reviewed to ensure the conditic�n for the waiver("non-av�ilabilityl�� has nr�t chang�d (e.g,, domestic supplaes have become more av�ilable). • Targeted: Waiver r�quests should apply only ta the item{s), product(s), or material(s) or category(ies) of item(sj, pre�duct(sj,or materi�l(s)as necessary and justified: Waivers should not be overly braad as this will undermir�e domestic preference polrcie�. * C�nditianaf:The Recipient may request a waiver with specifie conditic�ns th�t support the policies of IIJAjBABA and Executive Order '14017. DQE may request, and the Recipient must provide, additianal z$ infc�rmatic�n f�r consideration af this wavier. CtC7E may rejeet+ar grant u.s.o�w�RTr��r o� �C1�fC,�f ��BCI�i1G�f s� R�n�.'Wabl� EnergY Special Terms and Conditions waiv�rs ir� whale ar in part depending on its review, anaiysis, andJor feedback frorn C1MB or the public. DC�Es final determination regarding approval or rejection of the waiver request may not be app�aled, Waiver requests may take up to 9t3 calendar days to pracess. Term 44. Affirma#ive Action and Pay Transparency F�equirements A11 federally assisted construction contracts�xc�eding$10,OOQ annu�lly will be subject to the requirements af Executive arder 11246; (�) Recipients �nd contractors are prohib�ted#rorn �iscriminating in emplc�yment decisions c�n the basis of race, color, religion, sex, sexual carientation,gerrder identity or nafiional c�rigin, {2)Recipients and contractors are required to take affirmative actit�n to ensure that equal cappartunity is prc�vided in al!aspects of their employment.This includes flt�wing dc�wn the apprc�priate languag�to all subreci�aients, contractors and subcc�ntractors. (3)Recipients and cc�ntractors ar� prohibited from taking aciWerse employment actions against applicants and employees fc�r asking about, discussing, or sharing inform�tian abcaut their pay or,under certain circumstanc�s,the pay of their cc�-warkers. The �epartment of labcrr's-{DULj Qffice c�f Fed�rai Cc�r��ractor Compliance Progr�ms�t�FCCPj uses a neutrai process to schedule cc�n�ra�tc�rs#or ct�rnpliance evaivations. (7FCCP's Technicai Assistance G�aide4 should be cc�nsulted ta gain an understanding c�f the requirements and pQssibie actions the rec�pients, subrecipsents,contractors and subcontra�tors must take. Term �5: Poter�tially Dupl��atiue �'unding No#ice If the Recipient have or receive any other awarcl c�f federal fur►ds for actRvities that p€�tentially overlap with the activities funded under this Award, the Recipient must prarnptly ncrtify DOE in writing of the potential overlap�nd state whether project funds(i.e,, recipient cost share and federal funds)frrann any of those other federal awards have been,are being, or ar� to be used (in whole or in part)for one or more of the identical ccast items under this Award. If there are identical cost it�ms,the Re�ipient rnust promptly n�tify the DOE�ontracting C3fficer in writing af the pertential ciuplication and e(iminate any inappropriate duplication of funding. Term 4fi. Transparency of �c�reign Cannecfiic�ns 4 See t7FCCP's Technical Assistance Guide at: 29 https://www.dol.�ov/sites/do lgov/files/afcc�/Construction/fi(es/ConstructionTAG.pdf?msclkid=9e397d68 c4b l l l ec 9d8ebfecbbc'IlOec Alsa see the National Policy Assurances http:!/www.nsf.�ov/awards/mana�ing/rtc:isp u.s.o�PArarn��r n� ��fC��/ ��i�l�t1�Y a� F��:r��+��bl��t��rgy Specia!Terms and Ct�nditians During the term of the Award, the Recipient must ncrtify the DOE Gontracting t�fficer within fifteen j15) busin�ss days of learning of the fallowing circumstances in relatian to the Recipient or cantractors; 1. The existence of any joint venture ar subsidiary that is based in, funded by, or has a foreign affiliation with any fareign country esf risk; 2. Any current or pending �ontractual �r financi�l abligation r�r ather agreement specific ta � business�rrarrgement, or jc�int venture-tike arrangem�ent with an enterprise owned by a cou,ntry of risk c�r fareign entity based ir� a cc�untry of risk; 3. Any currer�t or pendir�g change in r�wnership strueture of the Recipie�t or contractors that increases fareigr� ownership related fio a country of risk; 4. Any current or pendi�g venture capital or institutional investment by an entity that h�s a general partner or individuaf halding a leadership �o1e in such entity who has a foreign affiliation vuith any ft�reign cour�try of risk; 5. Any current�ar pending technology lic�nsir�g or intellectual property sales to a f�reign co�ntry of risk; and 6. Any current or pending fareign business entity, offshare entity, or entity outside the United States related to the �ecipient or subrecipient, Term 47. Fareign Collaboration Consrder�tions a. Consideratic�n of'new coBlaborations with forei�n organozations and governments. The Recipient must pravide DQE with advanced written n�tific�tiar� of any patentia0 collabc�ration wi�h fareign entities,organizatians or gavernments in connection with its DQE-funded�ward scope.The Rec�pient must await further guidance fram DQE prior to cont�cting the proposed foreign entity, organization or government regarding the potential colla'borateon or negoti�ting the terms of any potentiai agreeme'ret. b. Existir�g cc�llaboratic�ns with fo�eigr�entities, or�anwzations and gavernments.The Recipient rraust prc�uide D(�E with � written list of all ex�sting foreign collaborations in which has entered in con�ectic�n with its D0E-fa�nded award scope. c. t3escription c�f collaborations that should be repcarted;in ger�eral, a collaboration wi41 invc�lve some provision of a thing of value to, or fr�m, the Recipient. A thing of vaiue includes but may not be lirnited to all resaurces m�de available t�, or fram, the recipient in support c�f andJor related to the Award, regardless of whether or not they have mc�netary value.Things af value aiso may include Fn-kind contrii�utir�ns (such as officeJlaboratory space, data, equipment, suppiies, empioyees, students). Ir�-kind ct�ntributions not int�nded for direct use on fihe Award but resulting in pravision of a thing ofi value fram or to the Award must also be reported. Collaborations do rrot inciude routine wc�rkshops, �onferences, use crf the Reci�ient`s services and faciiities by foreign investigators resuiting fr�m its st�ndard published 30 u,s,a�aa�a��s�r o� �TI�CC��/��VC4�C1C�/ � Renev�fabl� En2C9Y Special Termsand Conditians process for evaluating requests for access, rar the routine use of foreign f�cilities by awardee staff in �ccordance with the Recipient's standard paiicies and procedures. � � � � �� Authorized Signature 17ate ��' Name: N�c�� Title. C�i��cfi�r+�f��c:�r�� l,��ilikyy Entity Name:�i�t��'��r�d'tt�� --- .-�---`.,._._._. F'�rm ppr�ved �. � Chrrst��n M. �urki� Cit� .��rn�y � ��'m � � _.� �,� a� � � � � �H,�RLE�E TI�'TQRI, City�lerk 31