1139-LIHEAP 2005-2006LIHEAP FY 2005 -2006
CFDA NUMBER 93.568
LOW - INCOME HOME ENERGY ASSISTANCE PROGRAM
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the -State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department'), and P
CITY OF SANFORD (hereinafter referred to as the "Recipient').
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these
grant funds to provide the services identified herein; and
B. WHEREAS, the Department has received these grant funds from the State of Florida,
and has the authority to sub -grant these funds to the Recipient upon the terms and conditions hereinafter
set forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK
The Recipient shall fully perform the obligations in accordance with the Scope of Work, Attachment
A and Budget Summary and Workplan, Attachment H of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution of both parties or January 1, 2005 whichever is later,
and shall end March 31, 2006 unless terminated earlier in accordance with the provisions of paragraph (12) of this
Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which
are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties
hereto, and attached to the original of this Agreement.
(5) RECORDK -EE PING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal °Common Rule: Uniform Administrative Requirements for State and Local Govemments" (53
Federal Register 8034) or OMB Circular No. A -110, "Grants and Agreements with Institutions of High
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) The Recipient shall retain sufficient records demonstrating its compliance with the terms
of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided
under this Agreement, for a period of five years from the date the audit report is issued, and shall allow
the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. The Recipient shall ensure that audit working papers are made available to the Department or
its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the
date the audit report is issued, unless extended in writing by the Department, with the following
exceptions:
1 _ If any litigation, claim or audit is started before the expiration of the five year period
and extends beyond the five year period, 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 five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years after
closing of title.
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(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including supporting documentation of
all program costs, in a form sufficient to determine compliance with the requirements and objectives of the
Scope of Work, Attachment A and Budget Summary and Workplan, Attachment H of this Agreement and
all other applicable laws and 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
circumstances but ordinarily shall mean during normal business hours of 8:00 a-m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) 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 Friday.
(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) If the Recipient is a State or local government or a non - profit organization as defined in
OMB Circular A -133, as revised, and in the event that the Recipient expends $500,000 or more in Federal
awards in its fiscal year, the Recipient must have a single or program - specific audit conducted in
accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Department by this Agreement. In determining the
Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A -133, as
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A -133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A -133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of
the audit must be paid from non - Federal resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-
133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A -133, as revised, by or on behalf of the Recipient directly to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
and
Department of Community Affairs
(program office)
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies
required by Sections _320(d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
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Federal Audit Clearinghouse
Bureau of the Census
1201 East I& Street
Jeffersonville, IN 47132
Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB
Circular AA 33, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Recipient shall submit a
copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any
management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
and
Department of Community Affairs
(program office)
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(g) Any reports, management letter, or other information required to be submitted to the
Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department for audits
done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the
reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
(i) 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.
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(j) The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department no later than seven (7) months from the end of
the Recipient's fiscal year.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with
a close -out report. These reports shall include the current status and progress by the Recipient and all
subrecipients and subcontractors in completing the work described in the Scope of Work and the
expenditure of funds under this Agreement, in addition to such other information as requested by the
Department.
(b) Quarterly reports are due to be received by the Department no later than 30 days after
the end of each quarter of the program year and shall continue to be submitted each quarter until
submission of the administrative close -out report. The ending dates for each quarter of the program year
are March 30, June 30, September 30 and December 31.
(c) The close -out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement, whichever first occurs.
(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 (11) REMEDIES.
"Acceptable to the Department' ' means that the work product was completed in accordance with the
Scope of Work, Attachment A and Budget Summary and Workplan, Attachment H of this Agreement.
(e) The Recipient shall provide such additional program updates or information as may be
required by the Department.
(f) The Recipient shall provide additional reports and information as identified in Attachment
A
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(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified
time periods, and other performance goals stated in this Agreement are achieved. Such review shall be
made for each function or activity set forth in Attachment A to this Agreement, and reported in the
quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A -133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures
may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by
OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Department. In the event that the Department determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Department
to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General_
In addition, the Department will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat. the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall hold 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, Fla.
Stat_ agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent
acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be
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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 herein
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.
(10) DEFAULT
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 shall, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth in Paragraph (11), 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:
(a) 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 obligations, 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;
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, 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.
(c) If any reports required by this Agreement have not been submitted to the Department
or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES
Upon the happening of an Event of Default, then the Department may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently
or consecutively.
(a) 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 (13) herein;
Agreement;
(b) Commence an appropriate legal or equitable action to enforce performance of this
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons for
or the extent of non - compliance or lack of performance.
2. issuing a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. requiring the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible:
(e) Require that the Recipient return to the Department any funds which were used for
ineligible purposes under the program laws, rules and regulations governing the use of funds under this
program.
law.
(f) Exercise any other rights or remedies which may be otherwise available under
(g) The pursuit of any one of the above remedies shall not preclude the Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Department of any right 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
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hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any
further or subsequent default by the Recipient.
(12) TERMINATION
(a) 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 disclosure under Chapter 119, Fla_ Stat as amended.
(b) The Department may terminate this Agreement when it determines, in its sole
discretion, that the continuation of the Agreement would not produce beneficial results commensurate
with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written
notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date of
the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient 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.
(13) NOTICE AND CONTACT
(a) All 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:
Ken Reecy, Community Program Administrator
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Telephone: (850) 488 -7541
Fax: (850) 488 -2488
Email: ken. reecyadca. state. fl. us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is stated in Recipient Information, Attachment G of this Agreement.
(d) In the event that different representatives or addresses 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 (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy
of the unsigned subcontract must be forwarded to the Department for review and approval prior to
execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i)
the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all
applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department
and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement, to the extent allowed and required by law. Each
subcontractor's progress in performing its work under this Agreement shall be documented in the
quarterly report submitted by the Recipient.
For each subcontract, the Recipient shall provide a written statement to the Department as to
whether that subcontractor is a minority vendor. —
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(18) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
CrrY OF SANFORD
(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:
Exhibit 1 - Funding Sources
A. Scope of Work
B. Program Statutes and Regulations
C. Reports
D. Property Management and Procurement
E. Statement of Assurances
F. Special Conditions
G. Recipient Information
H. Budget Summary and Workplan
I. Budget Detail
J. Multi -County Fund Distribution
K. Warranties and Representations
L. Certification regarding Debarment
M. Justification of Advance Payment
(16) FUNDING /CONSIDERATION
. Y (a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$ 301,050 subject to the availability of funds and appropriate budget authority. The Recipient
is authorized to incur costs in amount not to exceed $ 222,777 until further notification is received from the
Department. As funds and budget authority are available, changes to the costs the Recipient may incur
will be accompanied by notice from the Department to the Recipient, in the form of certified mail, return
receipt requested, to the Recipient contact person identified in Attachment G, Recipient
Information. The terms of the Agreement shall be considered to have been modified to allow
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