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;
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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.
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(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
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s!ql leous3 ~ll~elel~un m lqSp 9ql seMes~J sJ~e~V ~un~oO ~o lug~edeO eql (9)
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u~ pa~t~qns eq lieqs sesuedxe Jo sconces Jo~ uo~lesuedmoo Jeqlo Jo se9~ Joj sll~q IIV (o)
· lua~dpa~ eqlJo IoJluoo eql puoXeq mueAe m anp s!
eql ~o uO~leld~oo J~ lu~e~J6V aql u~ q~oj l~s e}JQl~Jo aql 1~8~ m eJnl!e~ eql ssajun
~Jo uo~guG~ 8uo ~juo Gq Ileqs 8JaqL 'I~8~BGJ~V le~I~U~ 9ql U~ q~o~ l~S suO~l~puoO pue
a~es aql m loa[qns eq Ileqs pus sqluo~ (9) x~s peaoxe m lou popad e Joj 6u~lpM u~ aq Ileqs sconces
lenlomluoo JoJ lue~aaJSV us ~o uo~sue~a 'lua~eaJBV s!ql Japun paMotie es~aqlo j) (q)
· uo~lnl~lsuoO eppol~ aql Jo 'lelS~ '9 ~: JaldeqO
93uepjoooe u~ uo}leo~po~ Aue o} loa[qns pue 'aJnlets~Ba] eql Aq uo~lepdoJdde lenuue us uodn luaSu~luoo
s~ lua~aajBV s}ql Japun ~ed o1 uo}leB~lqo pus agus~ad s,eppol~ ~o a$e]g aq~ (e)
:suo~l}puoo pJepue$s 8u~Moyo~ aql Aq punoq aq ol saajBe lue!dpe~
'SNOIIIaNOO G~VQNVIS (L~)
authority to legally execute and bind Recipient to the terms of this Agreement.
(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