Helping Massachusetts Municipalities Create a Greener Energy Future Compliance under the Energy Efficiency and Conservation Block Grant (EECBG) Program Meg Lusardi, Deputy Director Diane Gray, Clean Energy Fellow Elise Avers, Clean Energy Fellow Kate Kelter, Clean Energy Fellow Mike Wallerstein, Clean Energy Fellow COMMONWEALTH OF MASSACHUSETTS Deval L. Patrick, Governor Timothy P. Murray, Lt. Governor Ian A. Bowles, Secretary Phil Giudice, Commissioner May 5, 2010

Helping Massachusetts Municipalities Create A Greener Energy Future Energy Efficiency and Conservation Block Grant (EECBG) Awards Program of US Department of Energy (DOE) funded by American Recovery and Reinvestment Act (ARRA), i.e., stimulus DOER allocated $14,752,100 from US DOE; – Required to pass on 60% as sub-grants to municipalities < 35,000 – DOER chose to pass on ~85%, or $12.2M 94 sub-grant awards made February 17 th – Congratulations! Grant award contracts mailed to municipalities by March 17 th All returned except 2 – thank you - currently mailing out contracts 2

Helping Massachusetts Municipalities Create A Greener Energy Future EECBG Compliance From EECBG Sub-grant Application: The receipt and use of funds are subjected to unprecedented levels of transparency and reporting requirements including, but not limited to: reporting, tracking and segregation of incurred costs, job creating and preservation, access to records and ensuring wage rates.  This is what we are covering today ARRA requirements contained in EECBG contract with DOER (Attachments C, D, E, F, H) – These requirements passed onto your vendors – must include in contracts – Municipality responsible for compliance 3

Helping Massachusetts Municipalities Create A Greener Energy Future Webinar Outline Disbursement of Funds Wage Compliance – Davis Bacon Jobs Compliance Monthly Reporting – Copies of Certified Payrolls – Jobs Reporting – Project Progress Reporting – Copies of Invoices and Davis Bacon Compliance Procurement Project Monitoring 4

Helping Massachusetts Municipalities Create A Greener Energy Future Disbursement of Funds Before funds can be disbursed, must satisfy the following: – Segregation of funds (see Section V.13.B. in contract) Interest above $100 must be returned – Submittal of project budget – Satisfy contingencies – contained in section III.2 of your contract Due April 30 th, extension allowed per request Funds not eligible to satisfy contingencies; disbursement “contingent” on satisfying these items 5

Helping Massachusetts Municipalities Create A Greener Energy Future Disbursement of Funds Further funds distributed per the contract, after Awardee has shown initial disbursement (50%) has been spent, second disbursement (25%), and final disbursement (25%). See Section III.4 of contract. It is expected that all funds will be spent by June 30,

Helping Massachusetts Municipalities Create A Greener Energy Future Compliance – Wages Requirement – Davis Bacon (DB) or MA Prevailing Wage must be paid to all laborers and mechanics on project supported with EECBG funds – Davis Bacon Home Page Davis Bacon Home Page – Davis Bacon Poster Davis Bacon Poster – MA Prevailing Wage Home Page MA Prevailing Wage Home Page Copies of weekly payroll of DB/PW workers must be certified by vendor with “wet” signatures; vendor must provide 2 sets of originals to Grantee, one on file with Grantee and another original provided for DOER records – Excel Spreadsheet provided for ease of compliance – DB/PW applies to the project being partially OR fully supported by EECBG funds Eg. For Performance Contracts: DB/PW applies to the specific project being supported by EECBG funds, but not the entire Performance Contract. 7

Helping Massachusetts Municipalities Create A Greener Energy Future Compliance – Jobs Requirement – Recipients of ARRA funds must post job openings at JobQuest (the state’s job bank) at – JobQuest Flyer JobQuest Flyer Section 1553 – Whistleblower Protections – Must post Whistleblower FlyerWhistleblower Flyer – Must include substance of clause in all subcontracts 8

Helping Massachusetts Municipalities Create A Greener Energy Future Compliance – Monthly Reporting Monthly report (Excel Spreadsheet) with accompanying documents due by the 10 th of following month; first report due June 10 th for all activity through May 31st – Copies of Original DB/PW payrolls – Jobs Reporting Tab All positions funded by EECBG Spreadsheet will assist you in compiling data for the Quarterly report required by the Commonwealth – Progress Report Tab – Copies of Invoices with Buy American certification statement (See spreadsheet tab) Must be on all invoices, submitted monthly Applies to project partially or fully supported with EECBG funds 9

Helping Massachusetts Municipalities Create A Greener Energy Future Procurement Must adhere to MA procurement laws. For more info: – MGL Ch 25A, Eileen McHugh, – MGL Ch 149, Deborah Anderson, ext 2371 or Brian O”Donnell, ext 2340 – MGL Ch 30B, Chapter 30B hotline, Posting Procurement Solicitation on Comm-PASS.com is NOT a requirement (Appendix G of contract no longer applies) Include ARRA requirements/tools in procurements; if procurement already complete, must include in contract. 10

Helping Massachusetts Municipalities Create A Greener Energy Future Project Monitoring Contract Manager will work with city or town to fulfill monitoring requirements. Contract Manager will conduct a monitoring site visit. Site visit will be scheduled at a mutually agreeable time. Strong Interest and review of program from MA Inspector General (IG) Dates to remember: - Contingencies or extension - April 30, Complete vendor selection – July 31, Complete installation – June 30, End of grant period – June 30,

Helping Massachusetts Municipalities Create A Greener Energy Future EECBG Contacts – Contract Manager! Diane Gray (617) Elise Avers (617)