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HomeMy WebLinkAbout731-Weatherization Assistance DEPARTMENT OF COMMUNITY AFFAIR5 "Helpin8 Floridians crea~e safe, vibrant, sustainable communities" ~ON CHILES I~ES F. MURLB Governor Secre~8~ MEMORANDUM To: All Weatherization Recipients Re: Signed Contracts Attached are/is the following contract(s) for the 1998-I999 program year. Please review the contracts prior to starting work to ensure that your staff is totally familiar with the performance based funding. Within the next few weeks, you will receive the updated Fee for Service packet. Please have your program staff review and note the significant changes for the upcoming year. If you have any questions or require assistance, please feel free to call the weatherization staff at (850) 488-7541. Weatherization Assistance Program (WAP) ~/ Weatherization/LIHEAP (WAP/LIHEAP) Low Income Emergency Home Repair Program (LEHRP) Thank you for your continued support of these viable programs. We are looking forward to working with you as we move forward with the changes that will improve our progrants and provide for a source of continued funds to serve our clients. LAP/jn 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488,8466/Suncom 278.8466 FAX: 850.921.0781/Suncorn 291.0781 Internet address: http://www.state.fl.us/comaff/dca.html · ' ' ~'~ Contract Numb(/'"~'99WX-9R-06-69-02-032 CFDA Number: bl .042 THIS AGREEMENT is entered into by and be~een the State of Florida, Depa~ment of Communi~ Affairs, with headqua~ers in Tallahassee, Florida (hereina~er referred to as the "Depa~ment"), and Ci~ of Sanford , (hereinaffer referred to as the "Recipi&nt"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLO~NG FACTS: A. ~ER~S, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the seNices identified heroin, and does offer to perform such se~ices, and B. ~ER~S, the DepaRment has a need for such seNices and does hereby a~ept the offer of · e Recipient upon the terms and conditions hereina~er set fo~h, and C. ~ER~S, ~e Depa~ment has authori~ pursuant to Florida law to disbume the funds under this Agreement. NOW, THEREFORE, the Depa~ment and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Fee for Se~ice and Scope of Work, A~achments A-1 and A-2, of this Agreement. (2) INCORPO~TION OF LAWS, RULES, REGO~TIONS AND POLICIES, Both the Redpient and the Depa~ment shall be governed by applicable State and Federal laws, roles and regulations, including but not limited to ~ose iden~fied in A~achment B-l. (3) PERIOD OF AGREEMENT, This Agreement shall begin upon execu~on by both pa~ies or October 1, 1998, whichever is later, and shall end on September 30, 1999, unless terminated ea~ier in accordance with the provisions of paragraph (9) of this Agreement. This offer terminates if has not been executed and returned to ~e DepaRment by the Recipient within 35 calendar days after receipt of ~e Agreement by the Recipient. The Depa~ment has no obligation to enter into this Agreement after that eme. (4) MODIFICATION OF CONTRACT: REPAYMENTS. Except as othe~ise provided in Paragraph 16 of this Agreement, for funding adjustments, either pa~ may request modification of the provisions of this Agreement. Changes in Funding based upon performance may be made unilaterally by the DepaRment in accordance with Paragraph 16 of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to wdting, duly signed by each of the pa~es hereto, and a~ached to the original of this Agreement, All m~nds or repayments to be made to the Depa~ment under this Agreement are to ~e made payable to the order of "Depa~ment of Communi~ Affairs", and mailed directly to the Depa~ment at , the following address: Depa~ment of Communi~ A~im Cashier Finance and Accountrig 2555 Shumard Oak Boulevard Tallahassee, FI. 32399-2100 (5) RECORD KEEPING. (a) If applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (.53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations", and either OMB Circular No. A-87, "Cost Principles for State and Local Governments", OMB Circular No. A~21, "Cost Principles for Educational Institutions", or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations". If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b} All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year pedod, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Fee for Service and Scope of Work, Attachments A-1 and A-2 and all other applicable laws ancl regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the cimumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, ?n Monday through Fdday. "Agents" shall include, but not be limited to, auditors or monitors retained by the Department. (el Any additional terms and conditions pertaining to record keeping are set forth in Attachment C and all terms and conditions pertaining to property management and prccurement under this Agreement are set forth in Attachment H. (6) REPORTS. (a) At a minimum, the Recipient shall provide the Department with a monthly financial report, a unit characteristics report and with a close4out report. (b) Monthly reports are due to be received by the Department by the tenth (10th) day of eachm~nthands~a~~c~ntinuet~besubmittedeachm~nthunti~submissi~n~ft~eadministrativec~~se~. ~ out report. (c) The close-out report is due within 45 days after the termination date of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after wdtten notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Fee for Service and Scope of Work, Attachments A-1 and A-2. (el Upon reasonable notice, the Recipient shaft provide such additional program updates or information as may be required by the Department. if) The Recipient shall provide additional reports and information as identified in Attachment D. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Fee for Service and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachments A-1 and A-2 to this Agreement. (8) LIABILITY. (a) Except as otherwise provided in subparagraph (b) below, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Flu. Star., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by- said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing heroin shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION. {a) If the necessary funds are not available to fund this Agreement as a result of action by the Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shal~, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts .of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous Agreement with the Department and has not cured such in timely fashion, or is~ unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department; 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 3 4. If, at the three (3) month performance review, the Recipient has failed to perform and complete in timely fashion any of the services required under the Fee for Service and Scope of Work attached hereto as Attachments A-1 and A-2 and has not expended at least twenty-five (25) per- cent of the available funds in Article (16) Funding/Consideration; (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively. and the pursuit of any one of the following remedies shaft not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3, Withhold or suspend payment of all or any part of a request for payment; 4. -Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper. letter. or other material subject to disclo. sure under Chapter 119, Fla. Star., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Star:, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Recipient shall return funds to the Department if found in non-campfianca with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipie;~t shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set*off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) AI~ notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. 4 (b) The name and address of the Department contract manager for this Agreement is: Earl BiUings, P~anning Manager Department of Community Affairs Division of Housing and Community Development 2555 Shumard Oak Boulevard Tallahassee, FTo~da 32399-2100 850/488-7541 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: ¢har].es R,,we Di~'ector o£ Comml~.~-ty .i Development (name) (title) P.O. Box 1788, 300 N. Park Avenue (address) San£ord, FL 32772 (407) 330-5665 (city, state, zip) (telephone) (d) In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered :as provided in (10) (a) above. (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient, in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any matedal changes shall, at the option of the Department and with!thirty (30) days wdtten notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any fight or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right Or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. ~ (d) The Agreement may be executed in any number of counterparts, any one of which may =be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 5 (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a,m. to 5:00 p,m., local time, Monday through Fdday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Fla. Slat., and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501- 7507, OMB Circulars A-128 or A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement. The funding for this Agreement is received by the Department as a grant and aid appropriation. 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. The complete financial audit report, including all items specified in (12) (d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 - -, (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the.Recipient shall be held- ~ liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (f) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated pdor to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The Recipient shaft have all audits completed by an independent certified public accountant (tPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Flu, Stat.. The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. (I) An audit performed by the State Auditor General shall be deemed to satisfy the above audit requirements. (13) SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of this Agreement. The Recipient agrees to include in the subcontract that (I) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractar's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. This Agreement contains all the terms and conditions agreed upon by the parties. (15) A'R'ACNMENTS. (a) All attachments to this Agreemlnt are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Attachment A-1 Fee for Service Summary and Detail Attachment A-2 Scope of Work Attachment B-1. Program Statutes and Regulations Attachment B-2 Monitoring, Evaluation & Technical Assistance Attachment C Record Keeping Attachment D Reports Attachment E Federal Lobbying Prohibitions Attachment F Copyright, Patent and Trademark Attachment G Advance Request JustificatiOn Attachment H Property Management and Procurement Attachment I Statement of Assurances Attachment J County Allocations Attachment K Special Conditions Attachment L Recipient Information Form (16) FUNDiNG/CONSIDERATION. (a) The amount of Funding for this Agreement is conditional based upon Recipient's performance in accordance with the Fee for Service Summary Detail and Scope of Work, Attachments A-1 and A-2. The funding shall be adjusted by the Department based upon its three (3) month performance review of the program reports submitted by the Recipient to the Department. The Department has the authority to unilaterafiy adjust the funding after three (3) months and if necessary 7 every month thereafter as determined by the Department. The Recipient shall be notified in accordance with Paragraph (10) of the Agreement of the amount of any change in funding and the effective date of the change, (b) This is a performance based cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $ 21,230.00 , subject to the availability of funds and based upon a three (3) month performance review conducted by the Department. Performance of work must be in accordance with the provisions of Attachment A-2, Scope of Work. The Recipient will be reimbursed for 30% of the total cost of Materials, Labor and energy related Health and Safety measures and eligible match contributions as a Fee for Service based on monthly completion of units. Based on the Fee for Service amount, the total cost of Materials, Labor and the Health and Safety total, the Recipient may charge 10% for Administration as explained in the provisions of Aftachment A-1, Fee for Service Summary and Detail. The match contribution amount may not be included in the 10% Administration charge. Administration may not exceed 10% of the total amount of the Agreement. Eligible match contributions are those items of donated materials or labor, or cash used to purchase those items, that are installed on the unit as part of the weatherization activity. If the Recipient as failed to meet the performance requirements of the Fee for Service and Scope of Work, Attachments A-1 and A-2, of the Agreement, the Department may upon written notice to the Recipient, decrease the funding under this Agreement. The decrease will be effective upon receipt of notice by the Recipient. (c) Any advance payment under this Agreement is subject to s. 216.181 (14), Ela. Star.. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the firat three (3) months, based upon the funds being equally disbursed throughout the contract term. For a federaUy funded contract, any, advance payment is also subject to federal OMB Ciroulars A-87, A-110, A- 122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the data on which the request is based and a justification statement shall be included in this Agreement as Advance Request Justification, Attachment G. Attachment G will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. The advance payment funds are to be used for start-up costs for production only. 1. XZ No advance payment is requested. 2. ~ An advance payment of $ is requested. (d) After the initial advance, if any, payment shall be made on a monthly reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Fee for Service and Scope of Work, Attachments A-1 and A-2 of this Agreement. (e) Any grant funds not expended for the agreed service and in accordance with the program budget shall be considered Department funds and shall be returned by the Recipient to the Department within forty-five (45) days following the Agreement termination date or the date set by the Department. (f) Provision of funding under this contract shall not be construed as a guarantee of future or subsequent funding under this program. The pe~ormance by the Department under this Agreement, and any amendments to this Agreement, shall be subject to and contingent upon the availability of mone~js lawfully appropriated to the Department and applicable for the purpose of this Agreement. (g) The Department or the Recipient may request modifications to this Agreement. Acceptable changes shall be incorporated in writing as modifications to this Agreement. All requests for modifications submitted to the Department for approval must include a narrative description of the proposed changes and their effect upon the approved scope of services. Modifications require thirty (30) days to process from the time of receipt by the Department and are only effective upon the date of written execution by both parties or on the date set by the Department. 8 6 ~ql s~ss~ssod pau6!s~apun aqi leql s~g!]~o osle lu~!dp~l ~qJ. 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(21) ASSURANCES. * '~'fi The Recipient shall comply with any statement of assurances incorporated as Statement of Assurances, Attachment I. (22) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Slat.., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at the rate as established pursuant to Section 55.03 (1) Fla. Star,. The interest penalty shall be paid within 15 days after issuing the warrant, Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850)488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. RECIPIENT: FOR THE DEPARTMENT: Name (typed) Title (typed) 59-600042,5 Federal Identification Number SAMAS # l0 ·, ATTACHMENT A-1 " FEE FOR SERVICE SU~/"~RY AND DETAIL REPORTING INSTRU~/""DNS (WEATHERIZATION) BWR MATERIAL AND LABOR TOTALS MUST EQUAL THE AMOUNTS SHOWN ON THE FSR From the Financial Status Report: CURRENT MONTH TOTAL TO DATE 1. a) Material (Total from BWRs) b) Labor (Total from BWRs) 2, Health and Safety- $300 maximum per unit (Material & Labor for energy-related hazards only) 3. Match Contribution current month (Total from BWRs) 4. Total of Lines la, lb, 2 & 3 5. Fee for Service (Line 4 X 30%) 6. Total of Lines la, lb, 2 & 5 (current month column) 7. Administration (Line 6 X 10%) B. Comprehensive Annual Audit 9. Training & Technical Assistance 10, Totals (Current Month & Total to Date Columns) REPORTING INSTRUCTIONS 1 .a) MATERIAL: Total materials'installed on the units submitted for allowable weatherization measures. b) LABOR: Total labor tied to the installation of materials on the units submitted. (This does not include pre and post blower door tabor, inspections, intake etc.) 2. HEALTH AND SAFETY (ENERGY-RELATED HAZARD MEASURES ONLY): This category must be reported separately. This is for material and labor (other than weatherization material & labor) to abate energy-related health and safety hazards. Maximum amount allowable is $300 per unit. 3. MATCH CONTRIBUTION: Eligible contributions of materials and labor installed on the unit. May be used in calculating the Fee for Service amount. May not be used to calculate the administrative 10% amount. Can only be claimed as it is used. The match item and unit to which it applies must be shown on the BWR. 4. TOTAL LINES I a, I b, 2 and 3: This is the amount used for calculating the Fee for Serviceo 5. FEE FOR SERVICE (LINE 4 X 30%): This amount will be based on the total of material and labor, energy related health and safety measures and eligible match contributions spent for units completed monthly. Liability insurance and costs that were program support will be incorporated into the Fee for Service (FFS). 6. TOTAL OF LINE la, lb, 2 AND LINE B: This is the amount used for calculating the monthly administration amount. 7. ADMINISTRATION ( LINE 6 X 40%): This can only be earned monthly, based on the total of material, labor, health and safety and Fee for Service. ,~ 8. COMPREHENSIVE ANNUAL AUDIT: This is for the pro rata share of the agency audit charged to each program. The Recipient must not bill in excess of 1/12th of the cost of the audit in any single month. 9. TRAINING AND TECHNICAL ASSISTANCE: This is for the Department of Community Affairs sponsored or approved workshops only. Travel will not be reimbursed for any other purpose without prior written approval from the Department. 10. TOTALS (CURRENT MONTH & TOTAL TO DATE COLUMNS): Add these columns and enter the totals on this line. ATTACHMENT A-2 SCOPE OF WORK in carrying out this Agreement, the Recipient will provide the necessary personnel, materials, services and facilities, except as otherwise provided heroin, to carry out the program. The Recipient will be responsible for the following activities: A. Soliciting, identifying and qualifying low-income residents within the Recipient's identified service area with the need and desire for energy conservation assistance. The Recipient will make the services provided for under this contract available to all eligible clients in the counties to be served. The names of the counties to be served are listed below: Sem'i n~l e B. Evaluating the needs of each residence following the National Energy Audit (NEAT) and supplemental Department and federal Department of Energy guidelines; and completing work write-ups describing in detail the needed improvements on each dwelling. Each unit must be evaluated with a walk-around inspection package, visual observation and measurements, blower door tests and monoxer tests. This information will be entered into the NEAT computer program which will generate a print-out of recommended measures to be performed. This print-out sheet wifi separate the measures by Air Infiltration Reduction Items, Savings to Investment Ratio (SIR), and Cost of materials and labor to perform the measures. The Department also requires that the following measures be installed on every unit receiving energy conversation measures; tow flow showerhead, water heater blanket, water line insulation and air filters for heating and cooling units. C. Three (3) months after the execution data ofthis Agre~ment, the Department will cenduc;t a performance review based upon the first three (3) months of production and expenditures. The Department will conduct other reviews as necessary to adjust funding. At the three (3) month performa0ce review, the Recipient must have expended, following program guidelines, at least twenty-five (25) per-cent of the available funds in Article (16) FUNDING/CONSIDERATION. If the Recipient has not expended the required amount, the Department may, at its discretion, decrease the funds shown in Article (16) FUNDING/CONSIDERATION or terminate the Agreement as provided in Article (9) DEFAULT, REMEDIES, TERMINATION. D. Supervising, monitoring and ensuring the quality of all work by staff, volunteers and subcontractors. E. Providing a final inspection and certification of all work by an employee of the Recipient not directly responsible for the work to evaluate the quality and completeness of the job. F. Providing the Department with documentation and reports as required by this Agreement as well as other information related to this project as may be specified by the Department. 12 ATTACHMENT B-1 PROGRAM STATUTES AND REGULATIONS Both the Recipient and the Department shall be governed by applicable laws and rules, including but not limited to: A. Pub. L, 94-385, Part A, Title IV ("Energy Conservation and Production Act of 1976"); the Omnibus Budget Reconciliation Act of 1981, Title XXVI of Pub. L. 97-35 (Low-income Home Energy Assistance Act of 1981); Title II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96-619); Title V, Subtitle E, of the Energy Security Act of 1981 (Pub. L. 96- 294); and Chapter 163, Fla. Star. B. All federal statutes relating to nondiscrimination including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) which prohibits discrimination on the basis of race, color or national origin; 2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3, Sealdon 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; 4. The Age Discrimination Act of 1975, as amended (z~2 U.S.C, 6101- 6107), which prohibits discrimination on the basis of age; 5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub, L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7. Subsections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to non- discrimination in the sale, rental or financing of housing; and 9. The requirements of any other nondiscrimination statute(s) which may apply to the Weatherization Assistance Program. 10. The Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. Sections 12101 through 12213). C. Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order ' 11375, and as supplemented in Department of Labor Regulations (41 C.F.R. Part 60). D. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42 U.S.C. 1857 et seq.) and the federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). E. The Recipient will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.8.C. 4081 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. eLU!I aN1 le lueLulJedea eql ol pelJodeJ aAp, edls!u!uJpV ep.uolJ 'VZ;~S6 Jeldeq9 /~eLU JO '$],ueLuej!nbaj 6U!qOleLU laaw o1 uo.qeJaua8 aql o1 luap!ou! slsoo Ja]J,e 'aLUOOU! ']Jod(~J lno-asolo aq Ileqs Xed ol uo.qe611qo s.luaLulJeda0 /ge~odLual aql Aq paujeB aLUOOU! aql 1su!e6e pa!ldde aq Jo lu~LulJedaa 5~S~AU! AlpeJodLual ~euJ lua!d!oa~) aql 'sluaLuAed '~'0V~ 1Jed '~I':I'C) 0~ ql!M aoue!ldLuo~ · lua6e pazpoqlne s!q Jo 6u!llaMp ol Jopd s/~ep 0J9 ~ U!LII!M palc)npuoo aq paqs!lqelsa AlleJapaJ luaoaJ ISOLU all), :aAeq aql Xq pau!elu!eLu S! sa~ed qons AuE a~jELLI lou ~BLU JOJOEJIUOO sLuedtSoJd Bouels!sse leJapaJ u! uo!ledp!lJed Jo paJJeq~p s! ~els aql jo JaqujaLu 'ql!M Uo!loauuOo U! JO '~O 1Jed Aue se uo!lez!l/~iaSojd 'sau!jap!n8 s!ql Japun spunj leJapaJ ~o ash pue SIAIO alqeo!ldde lie pue '00g '~':l'O 0L aql/(q paleBinLuoJd sau!lap!nl5 pue 'gZ6~ se '1o~' lesods!(3 alseM P!loS aql '/q!l!qel!eAe 'uo!l!laduJoo uo!leJap!suoo ls~q61q aql ~o pasoduJo:) slonpoJd uo!lelnsu loap,~ olu] lnd ol paj]nbaj aJe Xllenuue /q!leuo!leN pue UO!leJS!LULUl g96L Japun Jo luaLu]Jedaa leJapa-~/(LIE/~q paJeloap 'luauJJeqap Joj pasodojd leql salJ!:Pa:) lua!d!ga~ aql '(8 x!PuaddV) ('has la ~-e6g~ 'O'S'fi '(sa!~Jadojd o!jolg!q jo uo!ic)s),ojd pue uo!leAjasajd o!Jols!H leuo!leN aql ~o gO of submission of the final close-out report. Expenditure of program income balances at contract end must be approved by the Department. Q. A written appeal system must be adopted by the Board of Directors of the Recipient, posted in the Recipient's agency, and provided in writing to those applying for services. in the event of a complaint/appeal, the complaint/appeal shall first be heard by the: Community DeveloDment Director (Title of Position) Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be heard by: City Manager (Title of Position) Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing will be held by: City Commission (Committee or Full Board) All complaints received by the Department will be referred to the Recipient. 15 ATTACHMENT B-2 MONITORING, EVALUATION & TECHNICAL ASSISTANCE A. Training and technical assistance shall be provided by the Department, within limits of staff time and budget, Upon request by the Recipient and/or upon a determination by the Department of Recipient need. B. The Recipient shall allow the Department to carry out monitoring, evaluation and technical assistance and shall ensure the cooperation of its employees, and any subgrantees with whom the Recipient contracts to carry out program activities. ATTACHMENT C RECORD KEEPING No Additional Requirements ATTACHMENT D REPORTS A. Reports are due to the Department by the 10th of the month. The Recipient shall submit a Financial Status Report (FSR), a Unit Characteristics Report and a Building Work Report (BWR) package for each dwelling unit on which work has been completed and inspected. The Building Work Report package shall consist of a signed, dated copy of the BWR, a copy of the NEAT printout sheet and a completed client intake form. Failure to submit all required monthly reports as outlined above shall constitute grounds for suspension or termination of this agreement. Reports must be submitted to: Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance, Weatherization Assistance Program' 2555 Shumard Oak Blvd., The Sadowski Building Tallahassee, Flodda 32399-2100 B. Hand delivered reports must be date stamped in by Department staff. Each report form shall be signed by the Recipient's designated agent. ATTACHMENT E FEDERAL LOBBYING PROHIBITIONS The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entedng into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 8. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undemigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Zi 'e~andTi~/~ , Mayor t9 ATTACHMENT F COPYRIGHT, PATENTANDTRADEMARK A. If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre~xisting patent or copyright unless the agreement provides otherwise. B. If any discovery or invention arises or is developed in the course of or as a resutt of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Flodda. Any and all patent dghts accruing under or in connection with the performance of this Agreement hereby reserved to the State of Florida. In the event that any books, manuals, films or other copyrightable matedal are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the State of Florida. C. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give dse to a patent or copyright. The Recipient shall retain all dghts and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under paragraph B, have the right to all patents and copyrights which occur during performance of the Agreement. 20 ATTACHMENT G ADVANCE REQUEST JUSTIFICATION A. If any advance is requested on this Agreement, the Recipient must provide at least the following information and justification. 1. Number of houses to be weatherized dudng the first three months ..................... 2. Average projected expense for each house .........................................................$ 3. Total of line I X line 2 ...........................................................................................$ 4. Total of line 3 X 10% projected administrative expenses .....................................$ 5. Explain any other projected expenses for this period: .........................................$ 6. Total of lines 3 + 4 + 5 ......................................................................................$ THESE ARE THE ESTIMATED EXPENSES FOR 3 MONTHS. 7. Total amount of grant x 25% ............................................................................$ THIS IS THE MAXIMUM ALLOWABLE ADVANCE. THE ADVANCE AMOUNT REQUESTED MUST BE THE TOTAL FROM LINE 6 OR LINE 7, WHICHEVER IS THE LESS AMOUNT. B. In the space below provide a concise explanation ofthe need forthis advance. 's~ua!d!oa~ ~gojd-uou JoJ/~h'O09 'a':l'O Oh pue s~ua!d!oald ~UaLUU~aAO6 leo01JoJ ~SV'O09 '~'J'O Oh o~ ~ualeA!nba /qJadmd alqepuadxa-uou ~oJ spjepue~s ~uaLua6eueLu/qjadojd q~!~A &ldLuoo Ileqs ]ua!d!oa~l aql '8 'SQO!A.IGS pue 'uo!~oru~suoo '~uaLud!nba 'sa!lddns jo ~uaLuajnomd aq~ o~ alqeo!ldde s~Ael leool pue a]e~s ]ueAalaJ pue s~ua!d!3aa ~md-uou JoJ 6 ~ ~, '009 'a ':l 'O 0 L pue s~ua!d!oaJqns ~UaLULUaAOB leool JoJ (q)9~:V'O09 '~ 'J 'D 0 ~ Jo sluaLuaj!nbaj aq~ o~, ]ualeA!nba spjepue~s ~uaLuajnomd ~!A~ Aidmoo Ileqs ~ua!d!oa~,aq/'V INZglAil]~llOO~d ONV IN~ilAI~gVNVIAI ,m,,J.~]dO~ld H .LNglAIHC)V.LJ.V SgONV~RSSV ~0 ~N~9~V~S I~Ng~HOVIIV J. The Recipient will not use funds provided under this contract to supplant other federal, state or local funds. K. All non-profit Recipients will maintain a fidelity bond indemnifying against losses resulting from the fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a position of trust. The amount of the bond must be no less than one-fourth of the total amount of this Agreement. L. All work ordered, completed and paid for from these grant funds must be directly related or incidental to the Scope of Work (AttachmentAl. Incidental repairs are those necessary to make the installation of energy conservation measures effective or to protect such materials. The cost of incidental repairs, labor and materials, may not exceed 25% of the total cost of labor and materials for the house. M. As part of the initial evaluation ofthe house, the Recipient will perform an air pollution source survey and a blower door test in accordance with department prescribed protocol. If there are gas appliances present, a carbon monoxide test is required. After air tightening procedures are performed on the unit, another blower door test and monoxer test will be performed to make sure the house is not tightened beyond acceptable measures. N. Elimination of energy-related health and safety hazards are permissible if such elimination is necessary before, or as a result of, installation of weatherization materials. The maximum amount allowed shall not exceed $300 per unit and this amount must be included in the total cost of the unit. O. All weathedzation work will be performed according to the Department of Energy C.F.R. part 440 guidelines using the National Energy Audit (NEAT) or other audits required by the Department on all units receiving weatherization services. P. The Recipient will contribute a local matching contribution equal to ten percent (10%) of the amount of the total state funding. Match more than this amount may not be claimed. Match can only be claimed when it is used, not when it is received by the Recipient. Eligible match contributions are those items of donated materials or labor, or cash used to purchase those items, that are installed on the unit as part of the weatherization activity. The matching contribution may not come from any grant source, No administretive matching will be allowed. 24 ~001 00 ~0~;~ ' I~$ al:ouTmaS Q]AI~gS 8IINFI IVIOI -IO % NOIIVOO'I'IV AINI1OO :s/Aollo~ se uo!;eoolle le!oueu~ s./tTunoo aql ol leuo[lJodoJd aq ileqs loe~luoo s!ql ~epun p~AJeS Aluno0 qoee u! sesnoq jo JaqLunu aql SNOIJ,VDO'I'IV AJ, NRO0 r ,LNglNH::)V,LLV Attachment K Special Conditions ATFACHMENT L RECIPIENT INFORMATION FORM Please complete alt information applicable to your organization. A. RECIPIENT CATEGORY: ( ) County Government :~X) City Government ( ) Community ActionAgency ( )Otherpdvate, Non-ProfitAgency ( ) Indian Tribe ( ) Other, Specify B. GENERAL ADMINISTRATIVE INFORMATION: 1. Recipient's full legal name: C~ty of Sanford 2. THE WARRANT WILL BE MAILED TO THIS ADDRESS UNLESS OTHERWISE INDICATED: Recipient's mailing address: P.O. Box 1788 City: ~an~ora Zip Code: 32772-1788 Telephone: (4~0)7 330-5665 FAX Number: (407 330~=5677 3. Street Addmss (if different from above): 300 N. Park Avenue Sanford, FL 32771 4. Chief Official/Executive Director: Larry A. Dale Mayor (Name) (Title) 5. Official to receive state warrant: Larry A. Dale Mayor (Name) (Title) 6. Program Director/Coordinator: Charles A. Rowe Director of Community Development (Name) (Title) ",,.¢:: , , 27