2010/08/11 Council Agenda Packet

3 1. The following provision is hereby added to the Agreement: Grant Terms and Conditions/Flowdown To the extent applicable,the Special Terms and Conditions attached as Exhibit A to Amendment No. 1 to this Agreement are hereby incorporated into this Agreement. The City draws the Service Provider's attention to the fact that this Agreement is subject to the American Recovery and Reinvestment Act of 2009 (ARRA). The Special Terms and Conditions contain ARRA flowdown requirements(Special Term and Condition 24),ARRA whistleblower requirements(Special Term and Condition 24),ARRA reporting and registration requirements(Special Term and Condition 25),and.ARRA requirements relating to American iron, steel and manufactured goods(Special Term and Condition 26). 2. The following provision is hereby added to the Agreement: Notice The City gives notice to Service Provider in accordance with 10 CFR 600.236 of the following: • The Grant and this Agreement are subject to reporting requirements as described in the Grant Terms and Conditions. • The Grant and this Agreement are subject to DOE requirements and regulations regarding patents,copyrights,and data. Service Provider should refer to Section 18 of the Special Terms and Conditions,entitled"Intellectual Property Provisions and Contact Information." DOE Requirements. In addition to any other requirement in the Agreement,the Service Provider shall: • Provide access to the City,DOE,the Comptroller General of the United States,or any of their duly authorized representatives to any books,documents,papers, and records of the Service Provider which are directly pertinent to this Agreement for the purpose of making audit,examination, excerpts, and transcriptions. • Retain all required records for three years after the City makes final payments and all other pending matters are closed. • Comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation Page 2 7