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HomeMy WebLinkAbout15. 13-374 AUGUST 13, 2013 13-374 RESOLUTION (CARRIED__7-0___LOST_______LAID OVER_______WITHDRAWN________) PURPOSE: APPROVE AGREEMENT FOR CITY OF OSHKOSH TO PARTICIPATE WITH STATE OF WISCONSIN’S SMART FLEET PROGRAM INITIATED BY: PURCHASING DIVISION BE IT RESOLVED by the Common Council of the City of Oshkosh that the Agreement with the State of Wisconsin Department of Administration State Energy Office and the City of Oshkosh to participate in the State of Wisconsin’s Smart Fleet Program is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. CITY HALL 215 Church Avenue P.O. Box 1130 oSnkoBn, Wisconsin 54903 -1130 City of Oshkosh 0— OIHKOfH TO: Honorable Mayor and Members of the Common Council FROM: Jon Urben, General Services Manager DATE: August 6, 2013 RE: Approve Agreement for City of Oshkosh to participate with State of Wisconsin's Smart Fleet Program BACKGROUND The City of Oshkosh has the opportunity to participate in the Wisconsin Smart Fleet Program. The program is jointly administered by the Wisconsin State Energy Office and Wisconsin Clean Cities and funded by the U.S. Department of Energy. The ultimate goal of the Smart Fleet Program is to reduce and redirect current trends in petroleum consumption in the transportation sector by expanding alternative fuels use in Wisconsin. The program will collect City fleet data and provide alternative fuel use educational /informational training. The program's final report will include an in -depth assessment of our City fleet and an inventory of current applicable alternative fuel use incentives /opportunities that the City could explore in the future. ANALYSIS Participation requirements for the Smart Fleet Program include assigning at least one staff person to this project to provide accessibility to our fleet data (e.g.- fuel consumption, mileage, vehicle type, etc.) and attendance of Smart Fleet educational training and events. The program is expected begin later this summer and is expected to be completed in early 2014. FISCAL IMPACT Funding in the amount of $950 is provided by the U.S. Department of Energy monies to cover administration and management of this program by the City. A minimum match of $475 is required for this program and this match can be made in -kind through billable hours of City staff time documented for this project. RECOMMENDATION It is our recommendation that the City of Oshkosh participate in the Wisconsin Smart Fleet Program. Respectfu Submitted, Jon Urben, General Services Manager Approved: Mark A. Rohloff, City Manager Contract No. AD139726 AGREEMENT Between the STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION STATE ENERGY OFFICE and CITY OF OSHKOSH THIS AGREEMENT is made and entered into by and between the State Energy Office ( "Division "), Department of Administration ( "Department "), representing the State of Wisconsin (collectively "State "), and the City of Oshkosh ( "Contractor ") for the Performance Period of the date this agreement is signed by the State through January 31, 2015. WHEREAS, on behalf of the State, the Department administers the Wisconsin Smart Fleet Program ( "Program "') through the Division to provide funds for eligible activities; and WHEREAS, it is the intention of the parties to this Agreement that all activities described herein shall be for their mutual benefit; and WHEREAS, the State has approved an award to the Contractor in the amount of $950 for eligible activities herein described; and WHEREAS, the terms and conditions herein shall survive the Performance Period and shall continue in full force and effect until the Contractor has completed and is in compliance with all the requirements of this Agreement; and WHEREAS, this Agreement is mutually exclusive and is distinguished from all previous Agreements between the Contractor and the State and contains the entire understanding between the parties; NOW, THEREFORE, in consideration of the mutual promises and dependent documents, the parties hereto agree as follows: The following documents are part of this Agreement: 1) This Agreement (including all attachments and the initial workplan delivered under this Agreement) BY: John Fitzpatrick TITLE: Assistant City Manazer BY: Kevin Vesperman TITLE: Administrator - Division of Enerey Services DATE: DATE: Contract No. AD139726 GENERAL TERMS AND CONDITIONS ARTICLE 1. CONTRACT ADMINISTRATION The Division employee responsible for the administration of this Agreement shall be the Division of Energy Services Administrator or their designee and who shall represent the Department's interest in review of quality, quantity, rate of progress, timeliness of services, and related considerations as outlined in this Agreement The Contractor's employee responsible for the administration of this Agreement shall be John Fitzpatrick, who shall represent the Contractor's interest regarding Agreement performance, financial records and related considerations. The Division shall be immediately notified of any change of this designee. ARTICLE 2. APPLICABLE LAW This Agreement shall be governed by the Laws of the State of Wisconsin and the United States. The Contractor shall at all times comply with and observe all federal, state, and local laws, ordinances, and regulations which are in effect during the Performance Period of this Agreement and which in any manner affect the work or its conduct. In addition, the Contractor pledges to abide by and comply with the following requirements: Contract funds shall not be used to supplant existing funding otherwise budgeted or planned for projects outside of this program whether under local, state or federal law, without the consent of the State. The Contractor, its agents and employees shall observe all relevant provisions of the Ethics Code for Public Officials under Wis. Stat. Secs. 19.41 et seq and 19.59 et seq. ARTICLE 3. LEGAL RELATIONS AND INDEMNIFICATION The Contractor shall at all times comply with and observe all federal and state laws and published circulars, local laws, ordinances, and regulations which are in effect during the Performance Period of this Agreement and which in any manner affect the work or its conduct. In carrying out any provisions of this Agreement or in exercising any power or authority contracted to the Contractor thereby, there shall be no personal liability upon the State, it being understood that in such matters the Division and the Department act as agents and representatives of the State. The Contractor shall indemnify and hold harmless the State and all of its officers, agents and employees from all suits, actions or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the Contractor, or of any of its agents or subcontractors, in performing work under this Agreement. The Contractor shall indemnify and hold harmless the State and all of its officers, agents and employees from all suits, actions or claims of any character brought for or on account of any obligations arising out of agreements between Contractor and subcontractor(s) to perform services or otherwise supply products or services. The Contractor shall also hold the State harmless for any audit disallowance related to the allocation of administrative costs under this Agreement, irrespective of whether the audit is ordered by federal or state agencies or by the courts. If an audit is required by federal law and if the Contractor is also the recipient of State funds under the same or a separate contract program, then the State funded programs shall also be included in the scope of the federally required audit. ARTICLE 4. SCOPE OF WORK The Contractor shall supply or provide for all the necessary personnel, equipment, and materials (except as may be otherwise provided herein) to accomplish the tasks set forth on the attached Scope of Work and Budget (ATTACFE"ENTS A and B respectively). In the event of a conflict between the summary in Attachments A and B and the application and/or other supporting documents previously submitted to the State by the Contractor, Attachments A and B shall control. Changes to the Scope of Work shall be by written agreement of both the State and the Contractor. Page 2 of 13 Contract No. AD139726 ARTICLE 5. STANDARDS OF PERFORMANCE The Contractor shall perform the project and activities as set forth in the Contract Application and described herein in accordance with those standards established by statute, administrative rule, the Division, and any applicable professional standards. ARTICLE 6. SUBLET OR ASSIGNMENT OF AGREEMENT The Contractor, its agents, or subcontractors shall not sublet or assign all or any part of the work under this Agreement without prior written approval of the State. The State reserves the right to reject any subcontractor after notification. The Contractor shall provide the State with a copy of any executed subcontract or accepted subcontractor bid for the purpose of administering this Agreement which relates to activities funded and which exceeds the amount shown in ATTACHMENT B. The Contractor shall be responsible for all matters involving any subcontractor engaged under this Agreement, including; contract compliance, performance, and dispute resolution between itself and a subcontractor. The State bears no responsibility for subcontractor compliance, performance, or dispute resolution hereunder. ARTICLE 7. DISCLOSURE: STATE PUBLIC OFFICIALS AND EMPLOYEES If a State public official (as defined in section 19.42, Wis. Stats.) or an organization in which a State public official holds at least a 10% interest is a party to this Agreement, this Agreement shall be voided by the State unless timely, appropriate disclosure is made to the State of Wisconsin Government Accountability Board, 212 East Washington Ave., Third Floor, Madison, Wisconsin 53703. The Contractor shall not engage the services of any person or persons now employed by the State, including any department, commission or board thereof, to provide services relating to this Agreement without the prior written consent of the State and the employer of such person or persons. ARTICLE 8. NONDISCRIMINATION IN EMPLOYMENT The Contractor shall not discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in section 51.01(5), Wis. Stats., sexual orientation as defined in s.l 11.32(13m), Wis. Stats., or national origin. This includes, but is not limited to, employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the Contractor shall take affirmative action to ensure equal employment opportunities. The Contractor shall post in conspicuous places, available for employees and applicants for employment, notices to be provided by the State setting forth the provisions of the nondiscrimination clause. Contracts estimated to be over fifty thousand dollars ($50,000) require the submission of a written affirmative action plan by the Contractor. An exemption occurs from this requirement if the Contractor has a workforce of less than fifty (50). Within fifteen (15) working days after this Agreement is executed, the Contractor shall submit the Affirmative Action Plan/exemption statement to the Department of Administration, Division of Enterprise Operations, P.O. Box 7857, Madison, Wisconsin 53707 -7867, unless compliance eligibility is current. No extensions of this deadline shall be granted. Contractor is encouraged to contact this office at 608 - 266 -2605 for technical assistance on Equal Opportunity requirements. Failure to comply with the conditions of this clause may result in the declaration of Contractor ineligibility, the termination of this Agreement, or the withholding of funds. ARTICLE 9. SMALL BUSINESS AND MINORITY -OWNED BUSINESSES The Contractor shall make positive efforts to utilize small business and minority-owned business sources of supplies and services. Such efforts should allow these sources the maximum feasible opportunity to compete for contracts or subcontracts to be performed utilizing state or federal funds. ARTICLE 10. TERMINATION OF AGREEMENT The Division may terminate this Agreement at any time with or without cause by delivering written notice to the Contractor by Certified Mail, Return Receipt Requested, not less than 30 days prior to the effective date of termination. Date of receipt: Page 3 of 13 Contract No. AD139726 as indicated on the Return Receipt shall be the effective date of notice of termination. Upon termination, the State's liability shall be limited to the actual costs incurred in carrying out the project as of the date of termination plus any termination expenses having prior written approval of the State. The Contractor may terminate this Agreement with or without cause by delivering written notice to the Division by Certified Mail, Return Receipt Requested, not less than 30 days prior to effective date of termination. Date of receipt, as indicated on the Return Receipt, shall be the effective date of notice of termination. Upon receipt of termination notice, the Contractor shall make available to the Division program records, equipment, and any other programmatic materials In the event the Agreement is terminated by either party, for any reason whatsoever, the Contractor shall refund to the Division within forty-five (45) days of the effective date of notice of termination any payment made by the Division to the Contractor which exceeds actual approved costs incurred in carrying out the project as of the date of termination. ARTICLE 11. TERMINATION FOR NON - APPROPRIATION The State reserves the right to terminate this Agreement in whole or in part without penalty due to non - appropriation of necessary funds by the Legislature. ARTICLE 12. FAILURE TO PERFORM The State reserves the right to suspend payment of funds if required reports are not provided to the State on a timely basis or if performance of contracted activities is not evidenced. The State further reserves the right to suspend payment of funds under this Agreement if there are deficiencies related to the required reports or if performance of contracted activities is not evidenced on other contracts between the State and the Contractor in whole or in part. The Contractor's management and financial capability including, but not limited to, audit results and performance may be taken into consideration in any or all future determinations by the State and may be a factor in a decision to withhold payment and may be cause for termination of this Agreement. ARTICLE 13. PUBLICATIONS The Contractor may publish materials produced under this Agreement subject to the following conditions: a) All materials produced under this Agreement shall become the property of the Department of Administration and may be copyrighted in its name. The Contractor reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish, otherwise use, and to authorize others to use such materials for government purposes. b) The following notation shall be carried on all articles, reports, publications or other documents resulting from this Agreement. "This (article, report, publication or document) is funded (in whole or in part) by the Wisconsin Department of Administration, State Energy Office, under the terms and conditions of this Agreement. " ARTICLE 14. AMENDMENT This Agreement may be amended at any time by mutual consent of the parties hereto. Amendments shall be documented by written, signed and data addenda. ARTICLE 15. SEVERABILITY If any provision of this Agreement shall be adjudged to be unlawful or contrary to public policy, then that provision shall be deemed null and void and severable from the remaining provisions, and shall in no way affect the validity of this Agreement. ARTICLE 16. WAIVER Failure or delay on the part of either party to exercise any right, power, privilege or remedy hereunder shall not constitute a waiver thereof. A waiver of any default shall not operate as a waiver of any other default or of the same type of default on a future occasion. Page 4 of 13 Contract No. AD139726 ARTICLE 17. FORCE MAJEURE Either party's performance of any part of this Agreement shall be excused to the extent that it is hindered, delayed or otherwise made impractical by reason of flood, riot, fire, explosion, war, acts or omissions of the other party or any other cause, whether similar or dissimilar to those listed, beyond the reasonable control of that party. If any such event occurs, the non - performing party shall make reasonable efforts to notify the other party of the nature of such condition and the extent of the delay and shall make reasonable, good faith efforts to resume performance as soon as possible. U'"'10-9409CM WI VIT.WAY01 19 If the State desires to have the Contractor perform work or render services other than provided for by the expressed intent of this Agreement such work shall be considered as Extra Work, subject to written amendment to this Agreement setting forth the nature and scope thereof and the compensation therefor as determined by mutual agreement between the State and the Contractor. Work under such amendment shall not proceed unless and until so authorized by the State. Any such continuance of service which would cause compensation to exceed the total amount of this Agreement shall be contingent upon the above provision and the appropriation of necessary funds by the Legislature. FISCAL TERMS AND CONDITIONS ARTICLE 19. AVAILABILITY OF FUNDS The appropriation from which payments are to be made is authorized under Sections 16.54 (federal fund spending authority). ARTICLE 20. VARIANCES Contract variances may be permissible as outlined in ATTACHMENT A. A variance shall not be used to authorize a revision of the amount awarded or a change in the Performance Period. Such changes shall be made by amendment to the Agreement. ARTICLE 21. LIMITATION ON COSTS The State's contribution to the total cost, both direct and indirect, of performing the tasks under this Agreement shall not exceed Nine Hundred and Fifty Dollars ($950.00) for eligible costs (see Budget attached as ATTACHMENT B). Changes to this Agreement that do not affect the Budget total may be made by written agreement of both the State and the Contractor. ARTICLE 22. ELIGIBLE COSTS Eligible costs are those costs which can be audited and which are directly attributable to contracted activities and identified and approved in the Contract Application. 1. No eligible costs subject to reimbursement by this Agreement may be incurred prior to the execution of this Agreement unless previously approved in writing by the State. 2. Costs only as identified in the Budget and described in the Scope of Work are allowed. 3. All methods of charging expenses against this Agreement shall be submitted for review and approval by the State. ARTICLE 23. REIMBURSEMENT OF FUNDS The Contractor shall return to the State or other appropriate governmental agency or entity any funds paid to the Contractor in excess of the allowable eligible costs under this Agreement. If the Contractor fails to return excess funds, the State may deduct the appropriate amount from subsequent payments due to the Contractor from the State. The State also reserves the right to recover such funds by any other legal means including litigation if necessary. Page 5 of 13 Contract No. AD139726 The Contractor shall be responsible for reimbursement to the State for any disbursed funds, which are determined by the State to have been misused or misappropriated. The State may also require reimbursement of funds if the State determines that any provision of this Agreement has been violated. Any reimbursement of funds which is required by the State, with or without termination, shall be due within forty -five (45) days after giving written notice to the Contractor. ARTICLE 24. LIMITED USE OF PROGRAM FUNDS This Agreement is a mutually exclusive Agreement. The Contractor shall not apply funds authorized pursuant to other Program Agreements toward the activities for which funding is authorized by this Agreement nor shall funding authorized by this Agreement be used toward the activities authorized pursuant to other Program Agreements. The word "funds" as used in this Article does not include Program income. ARTICLE 25. FINANCIAL MANAGEMENT The Contractor agrees to maintain a financial management system that complies with the rules and regulations required by the Program funding source described in ATTACHMENT A and with standards established by the State to assure funds are spent in accordance with law and to assure that accounting records for funds received under this Agreement are sufficiently segregated from other Agreements, programs, and /or projects. ARTICLE 26. METHOD OF PAYMENT Payments are to be used exclusively for eligible costs incurred during the Performance Period. The Department shall make payment to the Contractor upon receipt of a monthly invoice submitted to the following address: Jane Rickman Department of Administration Division of Energy Services 101 East Wilson St., 6h Floor PO Box 7868 Madison, WI 53707 -7868 a) Invoices shall reflect eligible costs incurred by approved Budget line item. Invoices shall be accompanied by written documentation of eligible costs. b) The final invoice shall be submitted to the Division no later than sixty (60) days following termination of this Agreement. ADMINISTRATIVE TERMS AND CONDITIONS ARTICLE 27. SINGLE AUDIT REQUIREMENT The Contractor shall have a certified annual audit performed utilizing Generally Accepted Accounting Principles and Generally Accepted Auditing Standards. NOTE: The funding source (federal or state) of this Agreement is identified in Attachment B. Federal Funded Awards: Governmental Contractors, or their assignees, that expend $500,000 or more in a single year from awards which funding originated from Federal Government sources shall comply with the Single Audit Act of 1996, OMB Circular A -133, and the State Single Audit Guidelines issued by the Department. Audit reports are due to the State within 180 days of the close of the fiscal year, unless waived by the Department. Non - profit Contractors, or their assignees, that expend $500,000 or more in a single year from awards which funding originated from Federal Government sources shall comply with the Single Audit Act of 1996, OMB Circular A -133 and the State Single Audit Guidelines issued by the Department. In addition, a separate footnote or schedule shall be included Page 6 of 13 Contract No. AD139726 listing all awards which funding originated from State Government sources and the total cash expended under each of those awards for the year under audit. Audit reports are due to the State within 180 days of the close of the fiscal year, unless waived by the Department. For - profit Contractors, or their assignees, that expend $500,000 or more in a single year from awards which funding originated from Federal Government sources shall have a certified annual audit performed utilizing Generally Accepted Accounting Principles, Generally Accepted Auditing Standards and Government Auditing Standards. In addition, a separate footnote or schedule shall be included listing all awards for which funding originated from Federal Government sources and the total cash expended under each of those awards for the year under audit. Audit reports are due to the State within 180 days of the close of the fiscal year, unless waived by the Department. One (1) copy of the Audit along with the Management Letter shall be submitted to the address listed below. Responses and corrective action to be taken by management shall be included for any findings or comments issued by the auditor. If the combined total expended from all funding originating from Federal Government sources is less than $500,000 in a single year, the Contractor, or its assignee, shall confirm in writing that the above audit requirements are not applicable. This confirmation shall be submitted to the address listed below. State Funded Awards: NOTE: If an audit is required under OMB Circular A -133 as described above, then this section does not apply as State Funded Awards will already be included in that audit. Governmental, Non - profit and For - profit Contractors, or their assignees, that expend $100,000 or more in a single year from awards for which funding originated from State Government sources shall have a certified annual audit performed utilizing Generally Accepted Accounting Principles, Generally Accepted Auditing Standards and Government Auditing Standards. In addition, a separate footnote or schedule shall be included listing all awards for which funding originated from State Government sources and the total cash expended under each of those awards for the year under audit. Audit reports are due to the State within 180 days of the close of the fiscal year, unless waived by the Department. One (1) copy of the Audit along with the Management Letter shall be submitted to the address listed below. Responses and corrective action to be taken by management shall be included for any findings or comments issued by the auditor. If the combined total expended from all funding originating from State Government sources is less than $100,000 in a single year, the Contractor, or its assignee, shall confirm in writing that the above audit requirements are not applicable. This confirmation shall be submitted to the address listed below. Submit To: Send one copy of the Audit and Management Letter or the letter confirming that the audit requirements are not applicable to: Chief Accountant Wisconsin Department of Administration Division of Administrative Services PO Box 7869 Madison, Wisconsin 53707 -7869 DOADOASSingleAuditCoordinator (iDwisconsin. gov ARTICLE 28. EXAMINATION OF RECORDS The Division, any of its authorized representatives and the U.S. Government shall have access to and the right at any time to examine, audit, excerpt, transcribe and copy on the Contractor's premises any directly pertinent records and computer files of the Contractor involving transactions relating to this Agreement. Similarly, the State shall have access at any time to examine, audit, test and analyze any and all physical projects subject to this Agreement. If the material is held in an automated format, the Contractor shall provide copies of these materials in the automated format or such computer file as may be requested by the State. Such material shall be retained for three years by the Contractor following final payment on the Agreement. Page 7 of 13 Contract No. AD139726 This provision shall also apply in the event of cancellation or termination of this Agreement. The Contractor shall notify the State in writing of any planned conversion or destruction of these materials at least 90 days prior to such action. Any charges for copies provided by the Contractor of books, documents, papers, records, computer files or computer printouts shall not exceed the actual cost thereof to the Contractor and shall be reimbursed by the State. The minimum acceptable financial records for the project consist o£ 1) Documentation of employee time; 2) Documentation of all equipment, materials, supplies and travel expenses; 3) Inventory records and supporting documentation for allowable equipment purchased to carry out the project scope; 4) Documentation and justification of methodology used in any in -kind contributions; 5) Rationale supporting allocation of space charges; 6) Rationale and documentation of any indirect costs (submitted with initial invoice); 7) Documentation of Agreement Services and Materials; and 8) Any other records which support charges to project funds. The Contractor shall maintain sufficient segregation of project accounting records from other projects or programs. ARTICLE 29. PERFORMANCE REPORTS The Contractor shall submit Performance Reports to the State on a quarterly basis as long as this Agreement is in effect. The Performance Reports shall detail the uses of the funds received under this Agreement, how funds have been expended and the amounts expended during the preceding fiscal period, until all funds have been expended. 1. Performance Reports shall identify the status of progress of tasks as provided in the Scope of Work. 2. The Final Performance Report shall be submitted no later than 60 days following termination of this Agreement and include; a. A summary of the work performed; b. A data report in a format that is consistent with State standards; c. A final financial report and a short narrative of problems and achievements, all of which shall be consistent with any format instructions provided by the State. 3. Additional reporting may be required as identified in ATTACHMENT A Scope of Work. SPECIAL TERMS AND CONDITIONS ARTICLE 30. COMPETITIVE PROCUREMENT PRACTICES The Contractor shall utilize State of Wisconsin competitive procurement practices for products and services purchased as a result of this award. Where state and local procurement practices differ, state rules, standards, policies and practices shall take precedence ARTICLE 31. REASONABLE COSTS The Contractor shall control unit costs for products and services procured as a result of this Agreement, to the state average experience. ARTICLE 32. AUDITS Contractor shall perform an "Agreed upon Procedures Audit" on request. This audit shall consist of procedures and questions agreed upon by the State and the Auditor and shall expand beyond the scope of that provided for under the Wisconsin State Single Audit Guideline requirements. ARTICLE 33. EQUIPMENT ACCOUNTABILITY Title to equipment purchased with funds provided under this Agreement shall vest in the Contractor's name, unless otherwise specified by an attachment. Disposition of any equipment shall be in accordance with applicable property disposal procedures. ARTICLE 34. PATENT INFRINGEMENT The Contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further that the sale or use of the articles described herein shall Page 8 of 13 Contract No. AD139726 not infringe any United States patent. The Contractor covenants that it shall, at its own expense, defend every suit which shall be brought against the State of Wisconsin (provided that such Contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale of use of such articles and agrees that it shall pay all costs, damages, and profits recoverable in any such suit. ARTICLE 35. PROGRAM INCOME Program income means gross income received by the Contractor that is directly generated from the use of the Agreement award, including but not limited to repayments of funds that had been previously provided to eligible beneficiaries; interest earned on any or all Agreement funds obtained from the State; proceeds derived after the Agreement close out from the disposition of real property acquired with any or all funds provided under this Agreement or interest earned on Program income pending its disposition. All Program income shall be recorded and used in accordance with the rules and regulations of the Program funding source described herein. If at any time changes in the use of Program income are considered, the Contractor shall submit a plan detailing the proposed uses of Program income to the State for approval. Should the Contractor decide following Agreement close out to discontinue using Program income for such purposes, the Contractor shall return the Program income balance and any additional Program income accrued to the State by January 31 of the following year. ARTICLE 36. TRAINING — WORKSHOPS — SEMINARS — EXHIBIT SPACE If any portion of the funds shall be used to support training, workshops, seminars, exhibit space, etc., the Wisconsin Department of Administration, State Energy Office shall receive complimentary registrations and/or exhibit/booth space, if requested. ARTICLE 37. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies that to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period receding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b); and (d) Have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this article, such prospective participant shall attach an explanation to this proposal. Page 9 of 13 Contract No. AD139726 ATTACHMENT A SCOPE OF WORK In the event of conflict between the provisions of the Terms and Conditions and the Scope of Work and Budget, the provisions in the Scope of Work and Budget shall take precedent. Summary: City of Oshkosh, in partnership with Wisconsin Clean Cities (WCC) and the State Energy Office (SEO), will participate in the Wisconsin Smart Fleet Program. Site Specific Deliverables and Milestones: 1. Provide at least one staff assigned to the program. 2. Provide accessibility to fleet specific data for an in -depth fleet assessment to determine specific barriers of alternative fuel adoption. 3. Provide an inventory of current applicable incentives /policies adopted or being considered by City of Oshkosh. 4. Participate in training and events offered by program. 5. Submit complete documentation/invoices related to work performed by City of Oshkosh for reimbursement and match costs. 6. Comply with and submit timely reports related to the program. 7. Comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award. Funding: Funding in the amount of $950 is provided by the U.S. DOE monies to cover administration and management of this program by City of Oshkosh for the first year. Subsequent year funding will be made as funding becomes available and an amendment to this agreement is approved. Match is required. The match for the project shall be no less than $475, and can be provided by either in -kind or cash contribution. Invoicing: Billable funds will be distributed monthly when work is completed and proper documentation for reimbursement is submitted to the Wisconsin State Energy Office (See Attachment B). Site Visits: U.S. DOE and its authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. City of Oshkosh must provide reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work. Period of Performance: This contract becomes effective on the date it is signed by the SEO and terminates on January 31, 2015. Page 10 of 13 pons 1 1 .,f 1 2 Contract No. AD139726 Reporting: 0UARTERL Y MATCH REPORT. The SEO will ask for quarterly updates on staff time or cash contributed to project during the life of this contract, which will require response. The timeline for these reports is below: Reporting Period Report Due January 1 st —March 31St Aril 15 Aril 1St — June 30t July 15t Jul 1St —September 30 October 15th October 1St —December 31St January 15" Page I 1 of 13 Contract No. AD139726 ATTACHMENT B BUDGET In the event of conflict between the provisions of the Terms and Conditions and the Scope of Work and Budget, the provisions in the Scope of Work and Budget shall take precedent. Catesory Amount 1) Personnel SUB -TOTAL 2) Contractor Match TOTAL PROJECT COST $ $950 $ $950 $ $475 $ $1,425 Page 12 of 13 INVOICE FORM WISCONSIN DEPARTMENT OF ADMINISTRATION STATE ENERGY OFFICE To Be Ffiied Out by Grant Recipient City of Oshkosh 215 Church Avenue PO Box 1130 Oshkosh, WI 54903 -1130 Recipient Phone No. 920 - 236 -5110 Grant No: AD139726 Project Name: Wisconsin Sma rt Fleet Prog ra m TODAY'S DATE: INVOICE NUMBER: Purchase Order No. ADDOOOXXX TYPE OF PAYMENT REQUESTED: Partial Final Contract No. AD139726 Spending Cate o Budget Match Current Invoice Match To Date Invoiced Matched Balance Grant Match Personnel 950.00 475.00 —6.001 Overall Total 950.00 475,001 0,001 0.001 0.00 0.00 0.00 Please submit documentation for both invoiced and match expenses (if match required)withthis completed invoice form. ror umce use vnry Fnd Agy Org ApprAct Obj RptCt Project Code: 100 - 505 - 7200 - 142 -YERE- 5100 -AAFM PaymentAmount: Approved By: Send Invoice to: Jane Rickman Department of Administration Division of Energy Services 101 East Wilson Street, 6th Floor Madison, WI 53702 Telephone: 608/266 -9518 Jane.Rickman @Wisconsin.gov Page 13 of 13