RD 4280-2 Rural Business and Cooperative Service Grant Agreement

Energy Audit and Renewable Energy Development Assistance Program

RD4280-0002_110800V04

Energy Audit and Energy Assistance - Private Sector

OMB: 0570-0059

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Form RD 4280-2
(Rev. 08-1 1)

UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL DEVELOPMENT

FORM APPROVED
OMB No. 0570-0050

RURAL BUSINESS AND COOPERATIVE SERVICE GRANT AGREEMENT
This Grant Agreement, which includes the applicable Program Attachment, any continuation sheets, and
those documents referenced in paragraph III (A) of this Grant Agreement, for the Project and Grant
Amount described below and for the Program identified in the Program Attachment, is between the
undersigned Grantee (also referred to herein as ''you'') and the United States of America acting through
the Rural Business-Cooperative Service, (RBS or Grantor).
I.

GRANT DESCRIPTION

1. Case No. (provided by Grantor):

2. Grant No. (provided by Grantor):

3. Grantee Name:

4. Address of Grantee:

5. DUNS Number: (not applicable to individuals)
6. Agency Approved Eligible Project Costs:

7. Maximum Amount of Grant Funds:

8. Grant Amount as Percent of Agency
Approved Eligible Project Costs:

9. Amount of Matching Funds provided by the
Grantee or other eligible sources:

10. Project Description. (Indicate the Project location or areas to be served, as applicable. You may elect
to attach a copy of the Project description from the application if the description is current. Use
continuation sheets as necessary.)

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 45 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.

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11. Real property acquired or improved with Grant Funds. (Provide the legal description and/or address
of where the real property or other property described in block 12 below is located. Use continuation
sheets as necessary).

12. Other property (e.g. equipment) acquired with Grant Funds. (Describe each item, estimated useful
life, and the value of equipment. Use continuation sheets as necessary).
Estimated Useful Life
Value
Item

II.

GRANTEE REPRESENTATIONS AND WARRANTIES

The Grantee makes the following representations and warranties:
A. If applicable, the Grantee has been duly chartered and is in good standing under the laws of
the State of its charter with the power and authority to perform its obligations under this
Grant Agreement, the RBS letter of conditions, the Program Regulations, and other
official guidance.
B. This Grant Agreement and the RBS letter of conditions have been duly authorized,
executed, and delivered by the Grantee and such documents constitute the legal and
binding agreements of the Grantee, enforceable against the Grantee in accordance with
their respective terms, subject to applicable bankruptcy, reorganization, insolvency,
moratorium and other laws of general application relating to or affecting creditor's rights
generally.

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C. The execution or the delivery by the Grantee of this Grant Agreement and the RBS letter
of conditions; the consummation of the transactions contemplated herein or therein; and
the fulfillment by the Grantee of the terms hereof or thereof, do not conflict with or
violate, result in a breach of or constitute a default under any term or provision of the
charter or organizational documents, as applicable of the Grantee or any law or regulation
or any court or regulatory body having jurisdiction over the Grantee, or the terms of any
indenture, deed of trust, mortgage, note, note agreement or instrument to which the
Grantee or any of its properties is bound. The Grantee has not received any notice from
any other party to any of the foregoing that a default has occurred or that any event or
condition exists that with the giving of notice or lapse of time or both would constitute
such a default.
D. No approval, authorization, consent, order, registration, filing, qualification, license or
permit of or with any state or Federal court or governmental agency or body having
jurisdiction over the Grantee is required by the Grantee for the consummation by the
Grantee of the transactions contemplated by this Grant Agreement or the RBS letter of
conditions except such as have been obtained.
E. There is no pending or threatened action, suit or proceeding before any court or
governmental agency, authority or body or any arbitrator concerning the Grantee, this
Grant Agreement or the RBS letter of conditions which, if adversely determined, would
have a material adverse effect on the Grantee's ability to perform its obligations under
this Grant Agreement and the RBS letter of conditions.
F. All information, reports, and other papers and data furnished to RBS by the Grantee
concerning the application of the Grantee for the Grant were, at the time the same were
so furnished, complete and correct in all material respects to the extent necessary to give
RBS a true and accurate knowledge of the subject matter and no document furnished or
other written statement made to RBS in connection with the Grant contains any untrue
statement of a fact material to the financial condition of the Grantee or the Project or
omits to state such a material fact necessary in order to make the statements contained
therein not misleading.
G. That no adverse actions have occurred since the application was approved. No material
changes will be made in the Project without prior approval of RBS.
H. The Grantee is in compliance with, and will comply in the course of the Grant Agreement
with, all applicable laws, regulations, Executive Orders, and other generally applicable
requirements governing this Grant Agreement.
I. The Grantee will use grant and matching funds only for the purposes and activities
specified in the application and budget approved by the Grantor. Any uses not provided
for in the approved budget must be approved in writing by the Grantor.

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J. Financial Management Systems
1.

Grantee will provide a financial management system in accordance with the
applicable Departmental Regulations, including, but not limited to:
a.

Accounting records that identify adequately the source and application of
funds for grant-supported activities.

b.

Effective internal control over and accountability for all grant and matching
funds, property, and other assets. Grantees shall adequately safeguard all such
assets and ensure that they are used solely for authorized purposes.

c.

Verifiable records that track proportionate usage of grant and matching funds
for the purposes and activities specified in the application and budget
approved by the Grantor. Records must be available for review or audit by
the Grantor.

2. Grantee will retain financial records, supporting documents, statistical records, and all
other records pertinent to the grant for a period of 3 years after the final performance
report is submitted to the Grantor. Records shall be retained beyond the 3-year period
if any litigation, claim, or audit findings involving the records have not been resolved.
The Grantor and the Comptroller General of the United States, or any of their duly
authorized representatives, shall have the right to access to any books, documents,
papers, and records of the Grantee that are pertinent to the grant for the purpose of
making audits, examinations, excerpts, and transcripts.
K. Procurement and Construction
1. Grantee will comply with the applicable Departmental Regulations procurement
requirements including but not limited to standards of conduct, open and free
competition, access to contractor records, and equal employment opportunity
requirements.
2. Grantee will, for construction contracts in excess of $100,000, provide performance
and payment bonds for 100 percent of the contract price unless otherwise approved
by the Grantor in accordance with applicable Departmental Regulations.
L. Acquired Property
1. Grantee will hold title to all real property described in Block 11 in part 1, Grant
Description, including improvements to land, structures, fixtures, or other things
attached to the real property and all equipment described in Block 12 in part 1, Grant
Description. Real property and equipment described in Blocks 11 and 12 and
replacement property are subject to the disposition requirements of Departmental
Regulations. The Grantee must notify and obtain approval from the Grantor before
disposing of (A) any real property described in Block 11 or (B) equipment with a unit
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acquisition cost of $1,000 or more for grantees covered by 7 CFR 3015 and with a
current per-unit fair market value of $5,000 and more for grantees covered by 7 CFR
parts 3016 or 3019 described in Block 12.
(Grantee initials)
2. 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
Departmental Regulations.
M. Reporting
In addition to any other required reporting, Grantee will after grant approval through grant
completion:
1. Provide periodic reports as required by the Grantor. A SF-425, ''Federal Financial
Report'' and a project performance report will be required on a semiannual basis (due
30 working days after end of the semiannual period). For the purposes of this grant,
semiannual periods end on June 30th and December 31st. Any grant in excess of
$100,000 must also have the appropriate SF-PPR ''Performance Progress Report''
completed. Grantees shall constantly monitor performance to ensure that work tasks are
being accomplished by the appropriate time schedules. The project performance reports
shall include the following:
a. A comparison of actual accomplishments to the objectives established for that
period;
b. Reasons why established objectives were not met, if applicable;
c. Reasons for any problems, delays, or adverse conditions, if any, which have
affected or will affect attainment of overall project objectives, prevent meeting
time schedules or objectives, or preclude the attainment of particular objectives
during established time periods. This disclosure shall be accompanied by a
statement of the action taken or planned to resolve the situation; and
d. Objectives and timetable established for the next reporting period.
2. Provide a final project and financial status report within 90 days after the expiration
or termination of the grant.
3. Provide outcome project performance reports and final deliverables as required by the
Program Attachment.
N. When the Grantee is an entity, the signatory(ies) on behalf of the Grantee represents that
they have the requisite power and authority to sign this Grant Agreement on behalf of the
Grantee.
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O. The Grantee will comply, as applicable, 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, as
applicable. These data must be available to the Grantor in its conduct of Civil Rights
Compliance Reviews, which will be conducted prior to grant closing and one subsequent
compliance review after the final disbursement of grant funds have occurred.
III.

GENERAL PROVISIONS

The Grantor and Grantee agree to the following:
A.

Any application submitted by the Grantee for this grant, including any attachments,
amendments and Grantor approved budgets, are incorporated and included as part of this
Grant Agreement. Any changes to these documents or this Grant Agreement must be
approved in writing by the Grantor.

B.

The invalidity of any one or more phrases, clauses, sentences, paragraphs or provisions of
this Grant Agreement shall not affect the remaining portions hereof.

C.

Grantor will provide Grant funds up to the Grant Amount shown in Box 7 in part I, Grant
Description.

D.

If there is a conflict between this Grant Agreement and the applicable Program
Regulation, the applicable Program Regulations shall prevail. If there is a conflict
between this Grant Agreement and the Department Regulations, the Department
Regulations shall prevail.

E.

When the date fixed for the performance of an act under this Grant Agreement is on a
weekend or Federal holiday, then the performance by the close of business on the next
Federal work day shall have the same force and effect as if made performed or exercised
on the specified date.

F.

In addition to the regulatory and statutory authorities identified in the Program
Attachment, this Grant Agreement will be governed by applicable Notices published in
the Federal Register and all other applicable laws, regulations, Executive Orders, and
other generally applicable requirements including those contained in the Departmental
Regulations as currently codified in 2 CFR part 417 and 7 CFR parts 3000 through 3099,
including, but not necessarily limited to, 7 CFR parts 3015 through 3019, 7 CFR part
3021, and 7 CFR part 3052, and successor regulations to these parts, which are
incorporated into this Grant Agreement by reference.

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Part 3015 of title 7 CFR shall apply to (a) state and local governments and (b) institutions
of higher education, hospitals and other non-profit organizations to the extent there is not
a more specific provision in 7 CFR 3016 and 3019, respectively. Part 3015 of title 7 shall
also apply to individuals. For the purposes of 7 CFR 3019, ''recipient'' shall include
commercial organizations including sole proprietorships.
G. Grant Disbursement
1. Grantee will disburse grant funds as approved by the Grantor. 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. Payment will be made by electronic funds
transfer.
2. The Grantee shall not request reimbursement for the Federal share of amounts
withheld from contractors to ensure satisfactory completion of work until after those
payments are made.
3. When Grant funds are used for construction, Standard Form 271, ''Outlay Report and
Request for Reimbursement for Construction Programs,'' or other format prescribed
by Grantor shall be used to request reimbursements.
4. When Grant funds are not used for construction, Standard Form 270, ''Request for
Advance or Reimbursement,'' or other format prescribed by Grantor shall be used to
request reimbursements.
H. Grantee will not use Grant Funds to replace any financial support previously provided or
assured from any other source. The Grantee agrees that the Grantee's level of
expenditure for the Project shall be maintained and not reduced as a result of Grant
Funds.
1. The Grantee will avoid conflicts of interest or the appearance of conflict of interest.
J. Without otherwise limiting any termination or other remedies available to the Grantor,
the Grantor may terminate the grant in whole, or in part, whenever it is determined that
the Grantee has failed to comply with the conditions of this Grant Agreement. Unless
otherwise agreed to by the Grantor in writing, this grant will terminate 1 year from
the date the Grantor signs the agreement.
K. Termination
1. RBS may terminate the Grant and any activities under the Grant at any time, whenever
RBS has determined that the Grantee has failed to comply with the conditions of the
Grant. RBS shall promptly notify the Grantee in writing of the determination and reasons
for the termination, together with the effective date. Termination may place for cause
such as:
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a. Failure, inability, or unwillingness of the Grantee to carry out or comply with, or
cause to be carried out or complied with, the specific undertakings described in the
application as approved by RBS in the RBS letter of conditions or this Grant
Agreement.
b. Any representation or warranty made by the Grantee herein, in the application
materials, in response to the RBS letter of conditions, or in any certificate or report
furnished by or on behalf of the Grantee about any of the foregoing that proves to be
false, incomplete or incorrect in any material respect;
c. Failure to observe or perform any of the covenants, conditions or agreements of the
Grantee, which continues for thirty (30) days after written notice has been given to
the Grantee specifying such default and requiring the same to be remedied;
d. Violation of the Program Regulations by officers, directors, employees or agents of
the Grantee, that continues for a period of thirty (30) days without being rectified to
the satisfaction of RBS after written notice has been given by RBS to the Grantee
specifying such default and requiring the same to be rectified.
2.

Within 30 days of notification of early termination, the Grantee will provide, for approval
by RBS, a Termination Plan. The Grantee will not incur new commitments for the
terminated portion of the Grant after notification of termination, and will cancel as many
outstanding obligations as practicable.

L. Specific references in this Grant Agreement to regulations, statutes, and forms will be
deemed to refer to any successor regulations, statutes, and forms.
M. Singular references to Grantee in this Grant Agreement will include all Grantees when
there is more than one.
N. This Grant Agreement shall be governed by Federal law.
O. The Grantee shall allow the Grantor, or its representatives, reasonable access to the real
property constructed or equipment installed with grant funds as well as any records and
project performance information during its useful life.
P. Central Contractor Registration and Universal Identifier Requirements
1. Requirement for Central Contractor Registration (CCR)
Unless you are exempted from this requirement under 2 CFR 25.110, you as the
recipient must maintain the currency of your information in the CCR until you submit
the final financial report required under this award or receive the final payment,
whichever is later. This requires that you review and update the information at least

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annually after the initial registration, and more frequently if required by changes in
your information or another award term.
2. Requirement for Data Universal Numbering System (DUNS) Numbers
If you are authorized to make subawards under this award, you:
a. Must notify potential subrecipients that no entity (see definition in paragraph 3 of
this award term) may receive a subaward from you unless the entity has provided its
DUNS number to you.
b. May not make a subaward to an entity unless the entity has provided its DUNS
number to you.
3. Definitions
For purposes of this award term:
a. Central Contractor Registration (CCR) means the Federal repository into which
an entity must provide information required for the conduct of business as a
recipient. Additional information about registration procedures may be found at
the CCR Internet site (currently at http://www.ccr.gov).
b. Data Universal Numbering System (DUNS) number means the nine-digit number
established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify
business entities. A DUNS number may be obtained from D & B by telephone
(currently 866-705-571 1) or the Internet (currently at
http://fedgov.dnb.com/webform).
c. Entity, as it is used in this award term, means all of the following, as defined at 2
CFR part 25, subpart C:
i. A Governmental organization, which is a State, local government, or Indian
Tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization; and
v. A Federal agency, but only as a subrecipient under an award or subaward to a
non-Federal entity.

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d.

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Subaward:
i.

This term means a legal instrument to provide support for the performance of
any portion of the substantive project or program for which you received this
award and that you as the recipient award to an eligible subrecipient.

ii.

The term does not include your procurement of property and services needed
to carry out the project or program (for further explanation, see Sec.
.210
of the attachment to OMB Circular A-133, ''Audits of States, Local
Governments, and Non-Profit Organizations'').

iii. A subaward may be provided through any legal agreement, including an
agreement that you consider a contract.
e.

Subrecipient means an entity that:
i. Receives a subaward from you under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the
subaward.

Q. Reporting Subawards and Executive Compensation.
1. Reporting of first-tier subawards.
a. Applicability. Unless you are exempt as provided in paragraph d. of this award
term, you must report each action that obligates $25,000 or more in Federal funds
that does not include Recovery funds (as defined in section 1512(a)(2) of the
American Recovery and Reinvestment Act of 2009, Pub.L. 11 1-5) for a subaward
to an entity (see definitions in paragraph 5. of this award term).
b. Where and when to report.
i. You must report each obligating action described in paragraph 1.a. of this
award term to http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following
the month in which the obligation was made. (For example, if the obligation
was made on November 7, 20 1 0, the obligation must be reported by no later
than December 31, 2010.)
c.

What to report. You must report the information about each obligating action that
the submission instructions posted at http://www.fsrs.gov specify.

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2. Reporting Total Compensation of Recipient Executives.
a. Applicability and what to report. You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal
year, if-i. the total Federal funding authorized to date under this award is $25,000 or
more;
ii. in the preceding fiscal year, you received-(A)

80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR 170.320
(and subawards); and

(B)

$25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to
the Transparency Act, as defined at 2 CFR 170.320 (and subawards);
and

iii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104
of the Internal Revenue Code of 1986. (To determine if the public has access
to the compensation information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
b. Where and when to report. You must report executive total compensation
described in paragraph 2.a. of this award term:
i.

As part of your registration profile at http://www.cer.gov.

ii.

By the end of the month following the month in which this award is made, and
annually thereafter.

3. Reporting of Total Compensation of Subrecipient Executives.
a.

Applicability and what to report. Unless you are exempt as provided in paragraph
5. of this award term, for each first-tier subrecipient under this award, you shall
report the names and total compensation of each of the subrecipient's five most
highly compensated executives for the subrecipient's preceding completed fiscal
year, if--

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in the subrecipient's preceding fiscal year, the subrecipient received--

i.

(C)

80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR 170.320
(and subawards); and

(D) $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and
ii.

b.

The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104
of the Internal Revenue Code of 1986. (To determine if the public has access to
the compensation information, see the U.S. Security and Exchange
Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)

Where and when to report. You must report subrecipient executive total
compensation described in paragraph 3.a. of this award term:
i.

To the recipient.

ii.

By the end of the month following the month during which you make the
subaward. For example, if a subaward is obligated on any date during the
month of October of a given year (i.e., between October1 and 31), you must
report any required compensation information of the subrecipient by
November 30 of that year.

4. Exemptions
If, in the previous tax year, you had gross income, from all sources, under
$300,000, you are exempt from the requirements to report:
a. Subawards,
and
b. The total compensation of the five most highly compensated executives of any
subrecipient.
5. Definitions. For purposes of this award term:
a.

Entity means all of the following, as defined in 2 CFR part 25:
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i.

A Governmental organization, which is a State, local government, or Indian
tribe;

ii.

A foreign public entity;

iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization;
v. A Federal agency, but only as a subrecipient under an award or subaward to a
non-Federal entity.
b. Executive means officers, managing partners, or any other employees in
management positions.
c. Subaward:
i.

This term means a legal instrument to provide support for the performance of
any portion of the substantive project or program for which you received this
award and that you as the recipient award to an eligible subrecipient.

ii. The term does not include your procurement of property and services needed
to carry out the project or program (for further explanation, see Sec.
. 210
of the attachment to OMB Circular A- 133, ''Audits of States, Local
Governments, and Non-Profit Organizations'').
iii. A subaward may be provided through any legal agreement, including an
agreement that you or a subrecipient considers a contract.
d. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the
subaward.
e. Total compensation means the cash and noncash dollar value earned by the
executive during the recipient's or subrecipient's preceding fiscal year and
includes the following (for more information see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar
amount recognized for financial statement reporting purposes with respect to
the fiscal year in accordance with the Statement of Financial Accounting
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Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include
group life, health, hospitalization or medical reimbursement plans that do not
discriminate in favor of executives, and are available generally to all salaried
employees.
iv. Change in pension value. This is the change in present value of defined
benefit and actuarial pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation
(e.g. severance, termination payments, value of life insurance paid on behalf
of the employee, perquisites or property) for the executive exceeds $10,000.

IN WITNESS WHEREOF, Grantor and Grantee enter into this Grant Agreement.
Approved by an Authorized Representative of the Grantee:

Name (Please Print)

Title (Please Print)

Date

Signature

Approved for the United States of America, Rural Business Cooperative Service by:

Name (Please Print)

Title (Please Print)

Date

Signature
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Program Attachment

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PROGRAM ATTACHMENT

PROGRAM NAME: RURAL ENERGY FOR AMERICA
PROGRAM
Type of Grant (check one):
Renewable Energy System
Energy Efficiency Improvement
Energy Audit
Renewable Energy Development Assistance
Renewable Energy System Feasibility Study
AUTHORITY:
7 USC 8107
APPLICABLE REGULATIONS:
7 CFR part 4280 subpart B
ADDITIONAL PROGRAMMATIC GRANT PROVISIONS:
The Grantor and Grantee further agree to the following additional provisions:
1. Should actual project costs for the grant be lower than projected in Block 6, in part I,
Grant Description, the final amount of the grant will be adjusted to remain at the
percentage identified in Block 8 of the final Eligible Project Costs. Blocks 6 and 8 do not
apply to Energy Audit and Renewable Energy Development Assistance grants. However,
the recipient of an energy audit under the Energy Audit grant must pay at least 25 percent
of the cost of the energy audit, which shall be retained by the Grantee for the cost of the
audit. This must be documented in the required semiannual reports.
2. (For Renewable Energy System grants and Energy Efficiency Improvement grants). The
proposed renewable energy system or energy efficiency improvements shall be
constructed and/or installed in accordance with any energy audit or energy assessment
recommendations, engineering recommendations, technical reports, or other applicable
information provided by the Grantee and approved by the Grantor. The Grantee will
own, operate, and provide for continued maintenance on the Project.
3. Paragraph II (J), Grantee Representations and Warranties, is further supplemented with
the following:
Accounting records shall be in accordance with generally accepted accounting principles
(GAAP) and contain information pertaining to grant awards and authorizations,
obligations, unobligated balances, assets, liabilities, outlays, income and interest.
Accounting principles that are generally required by commercial agricultural lenders may
be used in lieu of GAAP for Grantees that are agriculture producers.
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4. Paragraph II (M), Grantee Representations and Warranties, is further supplemented with
the following:
A
.

(Renewable Energy System and Energy Efficiency Improvements grants)
1. Provide a final project development report which includes a detailed project
funding and expense summary and a summary of facility
installation/construction process including recommendations for development
of similar projects by future applicants to the program.
2. Provide performance outcome reports as follows:
a.

Renewable Energy System Report . Commencing the first full calendar
year following the year in which project construction was completed;
and continuing for 3 additional years, a report detailing the following will
be provided:
i.

b.

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 a health and/or sanitation
problem has been solved.

iii.

Simple payback. 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.

Number of actual jobs created or saved.

Energy Efficiency Improvement Report. Commencing the first full
calendar year following the year in which project construction was
completed and continuing for 2 additional years. Grantee will report
the actual amount of energy saved due to the energy efficiency
improvements.

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B. (Renewable Energy System Feasibility Study grants)
1. Provide the feasibility study completed on the proposed renewable energy system.
2. Provide performance outcome reports as follows:
a.

Commencing the first full year after the feasibility study has been
completed and continuing for 2 additional years:
i.

Is the renewable energy system for which the feasibility study was
conducted underway as a result of the feasibility study findings? If
yes, describe how far along the renewable energy system project is
(e.g., financing has been secured, site has been secured,
construction contracts are in place, project completed). If ''no''
discuss why the renewable energy system is not underway.

ii.

If the renewable energy system has been constructed and is
operational, provide the actual amount of energy being produced.

C. (Energy Audit and Renewable Energy Development Assistance grants)
1. The semiannual project performance reports will also:
a.

Discuss the number of audits performed, number of recipients helped via
renewable energy development assistance in the comparison of actual
accomplishments to the objectives established for that period.

b.

Include a list of recipients, each recipient's location, and each recipient's
North American Industry Classification System code.

c.

Include the percentage of financial resources expended on contractors.

2. Provide a final project performance report that also includes the following:
a.

Energy Audit Report. This will be a comprehensive project performance
report describing:
i.

How objectives and timetables were met or if not met, a summary of
any delays or problems that occurred.

ii.

The number of audits conducted.

iii.

A list of recipients with each recipient's North American Industry
Classification System code.

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b.

iv.

The location of each recipient.

v.

The cost of each audit.

vi.

The expected energy saved for each audit conducted.

vii.

The percentage of financial resources expended on contractors.

Renewable Energy Development Assistance Report. This will be a
comprehensive project performance report describing:
i.

How objectives and timetables were met or if not met, a summary of
any delays or problems that occurred.

ii.

A list of recipients with each recipient's North American Industry
Classification System code.

iii.

The location of each recipient.

iv.

The expected renewable energy that would be generated if renewable
energy site assessment projects were implemented.

v.

The percentage of financial resources expended on contractors.

3. Provide performance outcome reports as follows:
a.

Commencing the first full year after the grant is completed:
i.

The Grantee will provide the Grantor a status report identifying the
number of energy audit projects that proceeded with one or all of
the Grantee's recommendations from the finding in the energy
audit as well as the amount of energy saved for each project.

ii.

The Grantee will provide the Grantor a status report identifying the
number of renewable energy projects that proceeded with one or
all of the Grantee's recommendations from technical assistance
provided or from findings on the renewable energy site assessment
as well as the amount of renewable energy generated for each
project, as applicable.

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5. Paragraph III (G), General Provisions, is further supplemented with the following:
A. (For Renewable Energy System and Energy Efficiency Improvements grants
approved under the full application process and Renewable Energy System Feasibility
Study grants). Grant funds will be disbursed through 90 percent of grant
disbursement. The final 10 percent of grant funds will be held by the Grantor until
either (i) construction of the renewable energy system is completed, operational, and
has met or exceeded the test run requirements as set out in the grant award
requirements, (ii) construction of the energy efficient improvement is completed and
operational, as applicable or (iii) the Grantee has submitted a feasibility study
acceptable to the Grantor, as applicable.
B. Unless required by third parties providing cost sharing payments to be provided on a
pro-rata basis with other matching funds, grant funds will be disbursed after all other
matching funds have been expended.
6. Paragraph III (J), General Provisions, is revised by replacing the last sentence with the
following:
Unless otherwise agreed to by the Grantor, this grant will terminate 2 years from the date
the Grantor signs the agreement. Grant funds not expended within 2 years from the date
this Grant Agreement is executed will be cancelled by the Grantor. Prior to the actual
cancellation, the Grantor will notify the Grantee, in writing, of the intent to cancel the
remaining grant funds.

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