RD-4280-2 Renewable Energy/Energy Efficiency Grant Agreement

Form RD 4280-2

(07-05)

UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL DEVELOPMENT

FORM APPROVED
OMB No. 0570-0050

RENEWABLE ENERGY/ENERGY EFFICIENCY GRANT AGREEMENT
RENEWABLE ENERGY SYSTEMS AND
ENERGY EFFICIENCY IMPROVEMENTS GRANT PROGRAM
The purpose of this agreement is to identify the terms and conditions to be fulfilled by the Grantee upon
award of a grant under the Renewable Energy Systems and Energy Efficiency Improvements Grant
Program of the Rural Business-Cooperative Service, United States Department of Agriculture. Provide
the requested information, read this agreement in its entirety and sign in the space on the last page.
Your signature indicates consent with this agreement.
This GRANT AGREEMENT is a contract for receipt of grant funds under the Renewable Energy/Energy
Efficiency program (7 U.S.C. 8106) between the undersigned Grantee and the United States of America
acting through the Rural Business-Cooperative Service (RBS or Grantor). All references herein to
''Project'' refer to installation of a renewable energy system or energy efficiency improvement at the
location identified in Block 9. Should actual project costs be lower than projected in Block 5, the final
amount of grant will be adjusted to remain at the percentage identified in Block 7 of the final Eligible
Project Cost.
1. Case No.

2. Grant No.

3. Grantee Name:

4. Address of Grantee:

5. Total Estimated Eligible
Project Cost:

6. Amount of Grant:

8. Amount of Funds Available
from Other Sources:

9. Location of Project

7. Grant Amount as Percent of Total
Estimated Eligible Project Cost:

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person
is not required to respond to, a collection of information unless it displays a valid OMB control number.
The valid OMB control number for this information collection is [0570-0050]. The time required to
complete this information collection is estimated to average 30 minutes per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information.

10. This Grant Agreement covers the project described below (use continuation sheets as necessary). You may
elect to attach a copy of the project description from the application if the description is still current.

11. This Grant Agreement covers the following described real property (use continuation sheets as necessary).

12. This Grant Agreement covers the following described equipment (use continuation sheets as necessary):
Item

Estimated Useful Life

GENERAL GRANTEE CERTIFICATIONS
The Grantee makes the following certifications:
(1) Assurance Agreement
Grantee assures the Grantor that Grantee is in compliance with and will comply in the course of the
Agreement with all applicable laws, regulations, Executive Orders, and other generally applicable
requirements, including those contained in 7 CFR part 3015, ''Uniform Federal Assistance Regulations,''
which are incorporated into this agreement by reference, and such other statutory provisions as are
specifically contained herein.
Grantee and Grantor agree to all of the terms and provisions of any policy or regulations promulgated
under 7 U.S.C. 8106. Any application submitted by the Grantee for this grant, including any attachments
or amendments, are incorporated and included as part of this Agreement. Any changes to these
documents or this Agreement must be approved in writing by the Grantor.
The Grantor may terminate the grant in whole, or in part, at any time before the date of completion,
whenever it is determined that the Grantee has failed to comply with the conditions of this Agreement.
(2) Use of Grant Funds
Grantee will use grant and matching funds only for the purposes and activities specified in the application
approved by the Grantor including the approved budget. The budget and approved use of funds are further
described in the Grantor Letter of Conditions and any amendments or supplements thereto. Any uses not
provided for in the approved budget must be approved in writing by the Grantor. The proposed renewable
energy system or energy efficiency improvements shall be constructed/installed in accordance with any
energy audit recommendations or engineering or other technical reports provided by the Grantee and
approved by the Grantor.

(3) Civil Rights Compliance
Grantee will comply with Executive Order 12898, the Americans with Disabilities Act of 1990, Title VI
of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973. This shall include
collection and maintenance of data on the race, sex, and national origin of Grantee's membership/
ownership and employees. This data must be available to the Grantor in its conduct of Civil Rights
Compliance Reviews, which will be conducted prior to grant closing and 3 years later, unless the final
disbursement of grant funds has occurred prior to that date.

(4) Financial Management Systems
A. Grantee will provide a Financial Management System in accordance with 7 CFR part 3015,
including but not limited to:
(1)

...

Records that identify adequately the source and application of funds for grant-supported
activities. Those records shall contain information pertaining to grant awards and
authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income.

(2)

Establishing effective controls over and accountability for all funds, property, and other
assets. Grantees shall adequately safeguard all such assets and ensure that they are used
solely for authorized purposes.

(3)

Preparing accounting records in accordance with generally accepted accounting
principles (GAAP) and supported by source documentation.

(4)

Tracking fund usage and maintaining records that show matching funds and grant funds
are used in equal proportions. The grantee will provide verifiable documentation
regarding matching funds usage, e.g., bank statements or copies of funding obligations
from the matching source.

B. Grantee will retain financial records, supporting documents, statistical records, and all other
records pertinent to the grant for a period of at lest 3 years after final grant disbursement, except that the
records shall be retained beyond the 3-year period if audit findings have not been resolved. The Grantor
and the Comptroller General of the United States, or any of their duly authorized representatives, shall
have access to any books, documents, papers, and records of the Grantee's which are pertinent to the grant
for the purpose of making audits, examinations, excerpts, and transcripts.

(5) Procurement and Construction
A. Grantee will comply with the applicable procurement requirements of 7 CFR part 4280 and
part 3015 for equipment regarding standards of conduct, open and free competition, access to contractor
records, and equal employment opportunity requirements.
B. Grantee will, for construction contracts in excess of $100,000, provide performance and payment
bonds for 100 percent of the contract price unless otherwise specified in 7 CFR part 4280, subpart B,
§ 4280.115.
(6) Acquired Property
A. Grantee will in accordance with 7 CFR part 3015, hold title to all real property described in Bock
11, including improvements to land, structures, fixtures, or other things attached to the real property.
Movable machinery and other kinds of equipment are not real property (see Item 2 below). In addition
all property, including real estate and fixtures acquired or improved by this grant and equipment, will be
subject to the disposition requirements of 7 CFR part 3015, subpart R. THE GRANTEE AGREES TO
NOTIFY AND OBTAIN THE APPROVAL OF THE GRANTOR BEFORE DISPOSING OF (1) ANY
REAL PROPERTY OR FIXTURES ACQUIRED WITH THIS GRANT AND (2) ANY EQUIPMENT
ACQUIRED WITH THIS GRANT WITH A UNIT ACQUISITION COST OF GREATER THAN
$1,000.
B. This Grant Agreement covers the equipment described in Block 12. Grantee will abide by the
requirements of 7 CFR part 3015 pertaining to equipment, which is acquired wholly or in part with grant
funds. Grantee agrees not to encumber, transfer, or dispose of the property or any part thereof, acquired
wholly or in part with Grantor funds, without the written consent of the Grantor.
C. If required by Grantor, record liens or other appropriate notices of record to indicate that personal
or real property has been acquired or improved with Federal grant funds, and that use and disposition
conditions apply to the property as provided by 7 CFR part 3015.

.

(7) Reporting
A. Grantee will after Grant Approval through Project Construction:
(1)

Provide periodic reports as required by the Grantor. A financial status report and a
project performance report will be required on a quarterly basis (Due 30 working days
after end of the quarter. For the purposes of this grant, quarters end on March 31, June
30, September 30, and December 31). The financial status report must show how grant
funds and matching funds have been used to date and project the funds needed and their
purposes for the next quarter. A final report may serve as the last quarterly report.
Grantees shall constantly monitor performance to ensure that time schedules are being
met and projected goals by time periods are being accomplished. The project
performance reports shall include the following:
a. A comparison of actual accomplishments to the objectives for that period.
b. Reasons why established objectives were not met, if applicable.
c. Reasons for any problems, delays, or adverse conditions which will affect attainment
of overall program objectives, prevent meeting time schedules or objectives, or
preclude the attainment of particular objectives during established time periods. This
disclosure shall be accomplished by a statement of the action taken or planned to
resolve the situation.
d. Objectives and timetables established for the next reporting period.

(2)

Final project development report which includes a detailed project funding and expense
summary; summary of facility installation/construction process including
recommendations for development of similar projects by future applicants to the
program.

(3)

For the year(s) in which in Grant funds are received, Grantee will provide an annual
financial statement to Grantor.

B. Grantee will after Project Construction
1.

Allow Grantor access to the project and its performance information during its useful life.

2.
Provide periodic reports as required by Grantor and permit periodic inspection of the
project by a representative of the Grantor. Grantee reports will include, but not be limited to, the
following:
a. Purchase of Renewable Energy System Project Report. Commencing the first full
calendar year following the year in which project construction was completed and
continuing for 3 full years a report detailing the following will be provided:
i. Quantity of Energy Produced. Grantee to report the actual amount of energy
produced in BTUs, kilowatt-hours, or similar energy equivalents.
ii. Environmental Benefits. If applicable, Grantee to provide documentation

that identified health and/or sanitation problem has been solved.
iii. Return on Investment. Grantee to provide the annual income and/or energy
savings of the renewable energy system.
iv. Summary of the cost of operating and maintaining the facility.

v. Description of any maintenance or operational problems associated with the
facility
.
vi. Recommendations for development of future similar projects.
vii. Actual jobs created or saved.
b. Energy Efficiency Improvement Project Report. Commencing the first fall calendar
year following the year in which project construction was completed and continuing
for 2 full years. Grantee will report the actual amount of energy saved due to the
energy efficiency improvements.

(8) Grant Disbursement
Grantee will disburse grant funds as scheduled. Unless required by funding partners to be provided on a
pro rata basis with other funding sources, grant funds will be disbursed after all other funding sources
have been expended.
A. Requests for reimbursement may be submitted monthly or more frequently if authorized to do so
by the Grantor. Ordinarily, payment will be made within 30 days after receipt of a proper request for
reimbursement.
B. Grantee shall not request reimbursement for the Federal share of amounts withheld from
contractors to ensure satisfactory completion of work until after it makes those payments.
C. Payment shall be made by electronic funds transfer.
D. Standard Form 27 1, ''Outlay Report and Request for Reimbursement for Construction Programs,''
or other format prescribed by Grantor shall be used to request Grant reimbursements.
E. For renewable energy projects, grant funds will be disbursed in accordance with the above through
90 percent of grant disbursement. The final 10 percent of grant funds will be held by the Grantor until
construction of the project is completed, operational, and has met or exceeded the test run requirements as
set out in the grant award requirements.
(9) Post-Disbursement Requirements
Grantee will own, operate, and provide for continued maintenance of the Project.

IN WITNESS WHEREOF, Grantee has this day authorized and caused this Agreement to be signed in its
name and its corporate seal to be hereunto affixed and attested by its duly authorized officer(s).
GRANTEE:

[SEAL]
Name:
Title:

Date

ATTEST:

[SEAL]
Name:
Title:

Date

UNITED STATES OF AMERICA
RURAL BUSINESS-COOPERATIVE
SERVICE
By:
Name:
Title:

Date