1143-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
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) RECORDKEEPING
(a) As applicable, Recipients 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 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 Workpian, 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 A -133, 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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6) 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
C.
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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. reecy adca. 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.
CITY 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
. r (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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the Recipient to incur additional costs upon the Recipients receipt of the written notice from the
Department.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipients acceptance of the rights of the Department under
Paragraph (12)(b) of this Agreement_ The amount which maybe advanced may not exceed the
expected cash needs of the Recipient within the first three (3) months of the contract term. For a
federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-1 10,
A -122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the
budget data on which the request is based and a justification statement shall be included in this
Agreement as Attachment M. Attachment M will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds.
1 _ V/ No advance payment is requested.
An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Scope of Work, Attachment A and
Budget Summary and Workplan, Attachment H of this Agreement_
If the necessary funds are not available to fund this Agreement as a result of action by Congress,
the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all
obligations on the part of the Department to make any further payment of funds hereunder shall
terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from
the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affair', and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399 -2100
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In accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5 %) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS
Pursuant to Section 215.422, Fla_ Stat. 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 a rate as established pursuant
to Section 55.03(1) Fla. Stat. 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.
(20) STANDARD CONDITIONS
(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 material changes shall, at the option of the Department
and with thirty (30) days written 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) 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.
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(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 ,!i . ), 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.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list 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 or on the discriminatory vendor list.
(g) An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide 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 award or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity.
(h) With respect to any Recipient which is not a local government or state agency, and
which receives funds under this Agreement from the federal government, by signing this Agreement, the
Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five -year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
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with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3_ are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
20(h)2. of this certification; and
4. have not within a five -year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Department (by email or by facsimile transmission)
the completed"Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusiorf
(Attachment L) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Department prior to the Recipient entering into a contract with any
prospective subcontractor.
(i) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat or the Florida Constitution.
(j) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Fla. Stat
(1) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat and made or received by the Recipient in
conjunction with this Agreement.
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(m) if the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Departmenfs obligation to pay the contract amount.
(n) The State of Florida will not intentionally award publicly - funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
(INN)]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. 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, an 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 entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2_ 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
17
with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. 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 representation 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.
(22) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(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 - existing 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 result 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 Florida. Any and all patent rights accruing under or in connection with
the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copyrightable material 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 transferred by the Recipient to the State of Florida.
18
(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 rise to a patent or copyright. The Recipient shall retain all rights 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
accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that it possesses the legal authority to
receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(24) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as Attachment E.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
RECIPIENT
r �
BY:
Name and title:
Date:
FID# S0X' �a ooy ka�;
STATE OF FL
i1
iice prowning, Director
isigfi of Housing and Corpmunity Development
19
EXHIBIT —1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program: United States Department of Health and Human Services
Title: Low Income Home Energy Assistance Program ( LIHEAP)
CFDA* Number: 93.568
*Catalog of Federal Domestic Assistance
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows:
1. Purposes resources must be used for:
The Recipient will use the LIHEAP funds to provide energy payment assistance to low income
consumers. These funds will be expended in accordance with the Scope of Work, Attachment A,
Program Statutes and Regulations, Attachment B, and the Budget Summary and Workplan,
Attachment H, and applicable OMB Circulars_
2. Eligibility requirements for recipients of the resources:
The Recipient will comply with applicable OMB Circulars and eligibility requirements as set forth in
U.S. Department of Health and Human Services regulations codified in:
Title 45 of the Code of Federal Regulations, Part 96 — Block Grants, and
Title 31 of the Code- of Federal Regulations, Part 205 — Cash Management Improvement Act of
1990.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number. NIA
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of Federal Domestic Assistance title and number. NIA
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A
NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to
the recipient.
20
LIHEAP
ATTACHMENT A
SCOPE OF WORK
The Recipient shall utilize the funds provided under this Agreement to:
A. Conduct outreach activities designed to ensure that eligible households, especially households
with elderly individuals or disabled individuals, or both, are made aware of the assistance available
under this Agreement.
B. Establish Memorandum of Agreement with all agencies in Recipient's service area that operate the
Department's Weatherization Assistance Program. The Memorandum of Agreement will ensure
coordination of services and increase the quality of services provided to LIHEAP participants. The
Recipient shall identify those households which are frequent recipients of LIHEAP services and are also
eligible for weatherization services, and shall refer them to the local weatherization agency. In turn, the
weatherization agency will agree to make its customers aware of LIHEAP services. If the Recipient
provides both LIHEAP and weatherization services in the area, an agency policy will be developed to
C. Provide assistance to clients in completing state provided applications for assistance in determining
eligibility.
D_ Make home visits or conduct telephone interviews to home -bound clients, especially the elderly or
disabled, for completion of the program application or eligibility determination when other assistance is
not adequate.
E. Make LIHEAP home energy assistance payments based on a state - provided payment matrix and
worksheet. The payment amount is based on the household's income level as compared to the national
poverty guidelines. This takes into account both gross income and family size. The lower the income,
the higher the benefit level.
21
LIHEAP
ATTACHMENT A
SCOPE OF WORK
F. Make vendor payments directly to fuel providers or recipients on behalf of eligible clients, or instances
where vendor agreements cannot be negotiated, make payments directly to clients in the form of a one or
two party check.
G. Determine the correct amount of each crisis benefit based on the minimum necessary to resolve the
crisis, but not more than the maximum per household and maximum per item limits set by the Department.
H_ Establish Memoranda of Agreement with service area Emergency Home Energy Assistance for the
Elderly Program ( EHEAP) providers. The Agreement will ensure coordination of services, avoid
duplication of assistance, and increase the quality of services provided to elderly participants.
I_ Check LIHEAP records and Emergency Home Energy Assistance for the Elderly Program ( EHEAP)
records (for households with elderly members) to avoid duplicate crisis assistance payments during the
same heating or cooling season.
J. When the applicant is not in a life threatening situation, take actions that will resolve an
emergency within 48 hours of the application approval for a crisis benefit.
K. When the applicant is in a life threatening situation, take actions that will resolve an emergency
situation within 18 hours of the application approval for a crisis benefit.
L. The Recipient will make home energy payments within 45 days of the date all requested
information is received.
M_ The Recipient will, within 15 working days of receiving the client's application, furnish in writing to
all applicants a Notice of Approval which includes the type and amount of assistance to be paid on their
behalf or a Notice of Denial which includes appeal information.
N. The Recipient will maintain a separate record for each LIHEAP client which includes at least
the following data: client's name, address, sex, age, income amount and method of verification,
date client was interviewed, services provided and copies of approval or denial letters provided to the
client. All LIHEAP assistance applications must be signed by the client and by the Recipient's
representative_
22
LIHEAP
ATTACHMENT A
SCOPE OF WORK
O. Recipients are required to have written applicant appeal procedures. Any applicant denied LIHEAP
services must be provided a written notice of the denial which includes the appeal process and the
reason(s) for the denial. At a minimum, the written Notice of Denial and Appeals shall contain the reason
for the denial, under what circumstances the client may reapply, what information or documentation is
needed for the person to reapply, the name and address to whom the re- application or appeal should be
sent, and the phone number of the Recipient_ Appeal provisions must be posted in a prominent place
within the office where it is on view for all applicants_
P. The Recipient will make payments to those applicants with the "highest home energy needs and
lowest household income," which will be determined by taking into account both the energy burden and
the unique situation of such households that results from having members of vulnerable populations,
including very young children, the disabled, and frail older individuals.
Q. Recipients serving multi -county areas must provide the Department with a description of how
direct client assistance funds will be allocated among the counties. The allocation methodology must be
based at least in part on poverty population within each of the counties served. This information must be
reported in Attachment J to this Agreement.
R. When LIHEAP funds are not available or are insufficient to meet the emergency home energy
needs of an applicant, the Recipient will assist the applicant to secure help through other community
resources.
S. The Recipient shall agree to treat owners and renters equitably under the agreement.
T_ The Recipient shall be responsible for entering into written agreements with home energy
suppliers which include all of the following requirements_
(1) Provisions to assure that no household receiving assistance will be treated adverse
because of such assistance under applicable provisions of state law or public regulatory requirements.
23
LIHEAP
ATTACHMENT A
SCOPE OF WORK
(2) Any home energy supplier receiving direct payments agrees not to discriminate, either in the
cost of goods supplied or the services provided, against the eligible household on whose behalf
payments are made.
(3) Only energy related elements of a utility bill are to be paid. In no instance may water or sewage
charges be paid except if required by the vendor under the crisis category to meet the requirement of
resolving the crisis. Vendors must be made aware that those charges are the responsibility of the
client.
(4) The Recipient shall make vendors aware that when the benefit amount to the client do
not pay for the complete charges owed by a client, that the client is responsible for the remaining
amount owed.
U. The Recipient will be responsible for determining the eligibility of the clients applying for the
LIHEAP program and its crisis components_ Client eligibility is based on the following factors:
(1) The Recipient may only assist households who are or were residing in their LIHEAP service
area at the time the home energy costs were incurred.
(2) The client must complete an application and return all required information and verification to
the Recipient while funds remain available.
(3) The client must provide a fuel bill for home energy or provide other documentation proving an
obligation to pay for home energy costs.
(4) The client must have a total household income of not more than 150% of the OMB federal
poverty level for their household's size.
(5) Applicants receiving Food Stamps or have applied for and are currently eligible for
Weatherization Assistance Program (WAP) and Community Services Block Grant (CSBG) funds
automatically qualify for LIHEAP, however, the benefit levels are the same as other qualified
applicants.
24
LIHEAP
ATTACHMENT A
SCOPE OF WORK
(6) The client must have a verifiable home energy crisis (crisis component).
(7) The client must not live in government subsidized housing projects where home heating and
cooling costs are totally included in their rent and they have no obligation to pay any portion of the
home heating and cooling costs.
(8) The client must not reside in a group living facility or a home where the cost of residency is at
least partially paid through any foster care or residential program administered by the state.
(9) The client must not be a student living in a dormitory.
V. OTHER SPECIAL REQUIREMENTS
(1) The Recipient shall ensure that no person shall be excluded from participation in any activity of
the program on the grounds of race, color, national origin, sex or age, and such person shall not be
subjected to discrimination under any activity funded in whole or in part with these funds.
(2) The Recipient will define what criteria and verification will be used in its local area to
determine if a household is in danger of losing home energy. This criteria must be set in a manner to
encourage households to seek assistance prior to incurring non - energy penalties such as
disconnect/reconnect fees, additional deposit, interest or late payment penalties, etc.
(3) The Recipient will not charge applicants a fee or accept donations from an applicant to
provide LIHEAP benefits.
(4) The Recipient will be in a location and operate during hours available to clients.
(5) The Recipient will refund, with non - federal funds, to the Department all funds incorrectly paid
on behalf of clients that cannot be collected from the client.
(6) The Recipient will have appropriate staff attend training sessions, as scheduled by the
Department to cover LIHEAP policies and procedures.
(7) The Recipient will furnish training for all staff members assigned responsibilities for the
program.
25
LIHEAP
ATTACHMENT A
SCOPE OF WORK
(8) The Recipient will add information such as the Recipient's name, address, and times of
operation to the forms provided by the Department or similar Recipient - developed forms and duplicate
as needed.
(9) The Recipient will provide information to local media and agencies in contact with low-
income individuals announcing the beginning of both the crisis program component and the heating and
cooling assistance program with information stating how, where, and when to apply, as well as the
benefits available and eligibility criteria.
(10) The Recipient will take applications when it has a signed Agreement and adequate funding, and
continue taking applications until the Agreement expires or funds are exhausted.
(11) The Recipient must have adequate procedures in place to ensure that LIHEAP funds are
appropriately budgeted and expended to sufficiently allow for energy assistance benefits in both the
heating and cooling seasons.
(12) The Recipient will operate both program components in a manner that makes them available to
all potentially eligible clients in their service area.
(13) The Recipient shall secure and maintain an internet computer service and notify the Department
of their e-mail address.
(14) The Recipient will post the following notice in a conspicuous place at all points where LIHEAP
applications are received:
No Money, cash or checks, will be requested or received from customers in this office. If an
employee of this office asks you for money, report this to:
Al Grieshaber at 407/330 -5602
Name Telephone
26
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
A. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The applicable documents governing service provision regulations are in the Common Rule, 45
CFR Part 74, 76 and 92, 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," and OMB Circular
A -133, "Audits of States, Local Governments, and Non - Profit 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_ Low - Income Home Energy Assistance Act of 1981
(Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97 -35) as amended and the
LIHEAP Manual. The following Federal Department of Health and Human Services regulations codified
in Title 45 of the Code of Federal Regulations are also applicable under this agreement:
1. Part 16 - Department Grant Appeals Board
2. Part 30 - Claims Collection
3. Part 75 - Informal Grant Appeals Procedure
4. Part 76 - Debarment and Suspension from Eligibility for Financial Assistance Subpart F.
5. Part 80 - Nondiscrimination under programs receiving Federal assistance through the
Department of Health and Human Services (HHS) effectuation of Title VI of the Civil Rights
Act of 1964.
6. Part 81 - Practice and procedure for hearings under Part 80 of this title.
7. When the applicant is not in a life threatening situation, take actions that will resolve an
emergency within 48 hours of the application approval for a crisis benefit.
8. Part 84 - Nondiscrimination on the basis of handicap in programs and activities
receiving Federal financial assistance.
27
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
9. Part 86 - Nondiscrimination on the basis of sex in education programs and activities receiving
Federal financial assistance
10. Part 91 - Nondiscrimination on the basis of age in HHS programs or activities receiving Federal
financial assistance
11. Part 93 - New restrictions on lobbying
12. Part 96 - Block Grants
13. Consolidation of grants to the insular areas
B. PROJECTS OR PROGRAMS PROJECTS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY
The Recipient assures, as stated in Section 508 of Public Law 103 -333, that all statements, press
releases, requests for proposals, bid solicitations and other documents describing projects or programs
funded in whole or in part with Federal money, all grantees receiving Federal funds, including but not
limited to State and local governments and recipients of Federal research grants, shall clearly state:
(1) the percentage of the total costs of the program or project which will be financed with Federal
money,
(2) the dollar amount of Federal funds for the project or program, and
(3) percentage and dollar amount of the total costs of the project or program that will be financed
by non - governmental sources.
C. INTEREST FROM CASH ADVANCES
Recipients shall invest cash advances in compliance with section .21 (h) (2) (i) of the Common
Rule and section .22 of OMB Circular A -110 as revised. Recipients shall maintain advances of Federal
funds in interest - bearing accounts unless (1), (2), or (3) apply:
NON - PROFITS ONLY:
1. The Recipient receives less than $120,000 in Federal awards per year.
2. The best reasonably available interest bearing account would not be expected to earn interest in
excess of $250 per year on Federal cash balances.
28
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
3. The depository would require an average or minimum balance so high that it would not be
feasible within the expected Federal and non - Federal cash resource. Interest earned off cash
advances shall be reflected on the monthly financial status report and the close -out report.
LOCAL GOVERNMENTS ONLY
Except for interest earned on advance of funds exempt under the inter - governmental Cooperation
Action (31 U.S.0 6501 et. seq.) and the Indian Self- Determination Act (23 U.S.C. 450), grantees and
sub - grantees shall promptly, but at least quarterly, remit interest earned on advances to the Federal
agency. The grantee or sub - grantee may keep interest amounts up to $100 per year for
administrative expenses.
D. PROGRAM INCOME
The Recipient may reapply program income for eligible program projects or objectives. The amount
of program income and its disposition must be reported to the Department at the time of submission of
the final close -out report.
E. MODIFICATIONS
(1) The Department shall not be obligated to reimburse the Recipient for outlays in excess of the
funded amount of this Agreement unless and until the Department officially approves such expenditures
by executing a written modification to the original Agreement.
(2) Either party may request a modification to the provisions of this Agreement_ Changes which are
mutually agreed upon, with the exception of the items listed in (3) below, shall be valid only when reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement_
(3) The line item budget, as given in Attachment I of this Agreement and reported on the
quarterly financial status reports may not be altered without a written budget modification with the
exceptions of the items listed below:
29
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
(a) The Recipient may transfer unobligated budgeted line items within a budget category
as long as the budget category subtotal remains the same. Each line item must meet all contractual
budget requirements. For the purpose of transferring funds, the following are considered budget
categories: Administrative Expenses, Outreach Expenses and Direct Client Assistance.
(b) Any and all Administrative Expenses and Outreach Expenses may be transferred to
any Direct Client Assistance line item without additional written authorization. Each line item must meet
all contractual budget requirements.
(c) A letter of explanation and a revised budget summary and workplan page must be
provided to the Department for any line item changes prior to the submission of a financial status report in
which the changes are implemented. This is not a formal modification, but will provide the Department
with advance notice and a description of information concerning your budget revisions.
(d) None of the budget transfers may violate this Agreement or OMB Circulars
A -110, Common Rule, A -121 or A-87. Your information will be reviewed by the Department for
compliance with these circulars.
(4) All requests for formal modifications must be submitted to the Department for approval in
writing at least thirty (30) days prior to the anticipated implementation date. The Recipient must use a
LIHEAP modification package, approved by the Department, which includes an amended budget
summary and workplan page and amended budget detail page.
(5) Only unobligated funds may be transferred from one line item to another line item.
F_ BONDING
(1) Non -Profit Organizations: The Recipient agrees to purchase a blanket fidelity bond
covering all officers, employees and agents of the Recipient holding a position of trust and authorized to
handle funds received or disbursed under this Agreement_ Individual bonds apart from the blanket bond
are not acceptable. The amount of the bond must cover each officer, employee or agent up to an amount
equal to at least one -half of the total LIHEAP contract amount.
30
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
(2) Local Governments The Recipient agrees to purchase a fidelity bond in accordance with
Section 113.07, Fla. Stat The fidelity bond must cover all officers, employees and agents of the
Recipient holding a position of trust and authorized to handle funds received or disbursed under this
Agreement.
G. MONITORING
(1) The Recipient shall allow the Department to carry out monitoring, evaluation and technical
assistance and shall ensure the cooperation of its employees, and of any subrecipients with whom the
Recipient contracts to carry out program activities.
(2) 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 determination by the Department of Recipient
need.
H. OTHER PROVISIONS
(1) The Recipient must budget a minimum of twenty -five (25) percent of the total Agreement funds
for Home Energy Assistance.
(2) The Recipient must budget a minimum of two (2) percent of the total Agreement funds
for Weather Related /Supply Shortage emergency assistance_ These funds must be held in this
budget line item category until December 15 of the program year for use in response to a possible
disaster. These funds will only be used during state or federal emergencies declared by the President,
the Governor or the Secretary of the Department as he/she deems necessary. In the event of an
emergency being officially declared, if the Recipient or the Department finds that two percent of the
budget is not sufficient to meet the emergency, the Recipient may draw on other Agreement categories,
up to fifty percent (50 %) of the total Agreement budget, without additional written authorization. After
December 15, if no emergency has been declared, the Recipient may allocate these funds to the crisis or
the home energy category of the program without additional written authorization from the Department.
31
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
When funds are distributed for a weather - related /supply shortage emergency, the Department will provide
binding directives as to the allowable expenditures of the funds. The Recipient will comply with these
directives or agree that these funds will remain with the Department.
(3) In addition to the audit and record keeping requirements contained in Section (12) of this
Agreement, the books, records, and documents required under this Agreement must also be available for
copying and mechanical reproduction on or off the premises of the Recipient.
(4) If the U.S. Department of Health and Human Services initiates a hearing regarding the
expenditure of funds provided under this Agreement, the Recipient shall cooperate with, and upon written
request, participate with the Department in the hearing.
A. As applicable, Recipient's performance under this Agreement shall be subject to the
Common Rule, 45 CFR Part 74, 76 and 92 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 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 $1,000 or more
at the time of acquisition shall be retained for three years after final disposition.
32
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
(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 Scope of Work, Attachment A, and
all other applicable laws and regulations_
D. The Recipient, its employees or agents, including all subrecipients 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.
LIHEAP
ATTACHMENT C
REPORTS
A. Annual reports - Within 45 days after the end of the contract the Recipient shall submit a LIHEAP
Close -out Report, including the LIHEAP Final Financial Report, a refund check for any unspent funds,
and the LIHEAP Final Program Report_
B. Monthly reports - The LIHEAP Monthly Financial Status Report must be provided to the
Department by no later than the twenty -first (21st) of each month following the end of the reporting month
in which funds were expended.
C. Quarterly Reports - For each county the Recipient serves, the LIHEAP Household
Quarterly Program Report must be provided to the Department by no later than the twenty-first (21st) of
the month following the end of the last month of the quarterly reporting period.
D_ Upon reasonable notice, the Recipient shall provide such additional program updates or information
as may be required by the Department, including supporting or source documentation for any reports
identified above in this section.
The reports shall be submitted to:
Ms. Hilda Frazier, Manager
Florida Department of Community Affairs
Division of Housing & Community Development
2555 Shumard Oak Boulevard
Tallahassee, FL 32399 -2100
Fax: (850) 488 -2488
34
LIHEAP
ATTACHMENT D
PROPERTY MANAGEMENT AND PROCUREMENT
zo
A All such property purchased under this Agreement shall be inventoried annually and an
inventory report shall be submitted to the Department as part of the close -out report.
B. All property purchased under this Agreement shall be listed on the property records of the
Recipient. Said listing shall include a description of the property, model number,
manufacturer's serial number, funding source, information needed to calculate the federal
and/or state share, date of acquisition, unit cost, property inventory number and information on
the location, use and condition, transfer, replacement or disposition of the property.
C. Title (Ownership) to all nonexpendable property acquired with funds from this Agreement shall
be vested in the Department upon completion or termination of the Agreement.
The Recipient agrees to comply with Section 507 of Public Law 103 -333. As stated in
this section, it is the sense of Congress that, to the extent practicable, all equipment and
products purchased with funds made available in this Act should be American made.
D. The Recipient agrees to comply with Section 507 of Public Law 103 -333. As stated in this
section, it is the sense of Congress that, to the extent practicable, all equipment and products
purchased with funds made available in this Act should be American made.
35
LIHEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
A. Interest of Certain Federal Officials
B_ Interest of Members, Officers, or Employees of Recipient, Members of Local Governing Body, or
No member, officer, or employee of the Recipient, or its delegates or agents, no member of the
governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program
during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under this Agreement. The Recipient shall incorporate or cause to be
incorporated in all such Agreements, a provision prohibiting such interest pursuant to the purposes
of this subsection_ No board member, officer or employee will be permitted to receive any
remuneration or gift in any amount. Board members may receive travel expenses in accordance
with s. 112.061, Florida Statutes
C. Nepotism
The Recipient agrees to abide by the provisions of s. 112.3135, Florida Statutes pertaining to
nepotism in their performance under this Agreement_
D. LIHEAP Assurances
The Recipient hereby assures and certifies as a condition of receipt of Low Income Home Energy
Assistance Program funds, that it and its subrecipients will comply with the applicable
requirements of Federal and State laws, rules, regulations, and guidelines. As part of its
acceptance and use of LIHEAP funds, the Recipient assures and certifies that:
(1) The Recipient possesses the legal authority to apply for the grant, and that the contract
proposal has been approved by the Recipient's governing body, including all assurances
contained herein.
(2) The Recipient possesses the sound controls and fund accounting procedures necessary to
36
LIHEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
adequately safeguard the assets of the agency, check the accuracy and reliability of
accounting data, promote operating efficiency and maintain compliance with prescribed
management policies of the agency.
(3) The Recipient will permit and cooperate with Federal and State investigations designed to
evaluate compliance with the law.
(4) The Recipient will give the Department, the Auditor General or any authorized
representatives, complete access to examine all records, books, papers or documents
related to all program operations of the grant, including those of any sub - recipient.
(5) The Recipient will comply with non - discrimination provisions, in accordance with Florida
Statutes; Section 677 of P.L. 97 -35; Titles VI and VII of the Civil Rights Act of 1964; and 45
C.F.R. Parts 84, 86 and 90.
(6) The Recipient will comply with section 680 of Public Law 97 -35, as amended, which
prohibits use of LIHEAP funds for purchase or improvement of land, or the purchase,
construction, or permanent improvement of any building or other facility_
(7) The LIHEAP application and all its attachments, including budget data, are true and correct.
(8) The Recipient will prohibit any political activities in accordance with Section 678F(b) of 42
USC 9918, as amended.
(9) This Agreement has been approved by the Recipient's governing body by official action,
and the officer who signs it is duly authorized to sign this Agreement.
(10) The Recipient agrees to comply with Public Law 103 -227, Part C, Environmental
Tobacco Smoke, also known as the Pro - Children Act of 1994 (Act). This Act requires that
37
LIHEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
smoking not be permitted in any portion of any indoor facility owned or leased or contracted
for by an entity and used routinely or regularly for the provision of health, day care, education,
or library services to children under the age of 18, if the services are funded by Federal
programs either directly or through States or local governments. Federal programs include
grants, cooperative agreements, loans or loan guarantees, and contracts. The law does not
apply to children's services provided in private residences, facilities funded solely by
Medicare or Medicaid funds, and portions of facilities used for inpatient drug and alcohol
treatment. The Recipient further agrees that the above language will be included in any
subawards which contain provisions for children's services and that all subrecipients
shall certify compliance accordingly_ Failure to comply with the provisions of this law
may result in the imposition of a civil monetary penalty of up to $1,000 per day.
a published and publicized local outreach office number when the outreach office is
open a minimum of 40 hours per week, or toll -free telephone number.
38
LIHEAP
ATTACHMENT F
SPECIAL CONDITIONS
A. The Recipient and its sub - recipients shall comply with the following special conditions:
NONE
B. Failure of the Recipient or it's sub - recipients to comply with the special conditions under this Agreement
shall be cause for the immediate suspension of payments, and may be cause for the immediate
termination of this Agreement.
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LIHEAP
ATTACHMENT K
WARRANTIES AND REPRESENTATIONS
Financial Management
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately
safeguard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate,
financial information should be related to performance and unit cost data_
(5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance
with the provisions of the applicable cost principles and the terms and conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source documentation.
Competition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free
competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and
eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work,
invitations for bids and /or requests for proposals shall be excluded from competing for such procurements. Awards shall
be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the
Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or
offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the
award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or
administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved.
Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her
partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or
other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or
agents of the recipient.
44
LIHEAP
ATTACHMENT K
WARRANTIES AND REPRESENTATIONS
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from 8:00 am - 5:00 pm
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the
particular work for which they are hired by the Recipient_
45
Attachment L
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, N S A , certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall
attach an explanation to this form.
CONTRACTOR:
By:
Signature
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
DCA Contract Number
46
ATTACHMENT M
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT: City of Sanford
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data
on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a)(b),
Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial
three months.
[X I NO ADVANCE REQUESTED
No advance payment is requested. Payment will be
made solely on a reimbursement basis. No additional
information is required.
[ ] ADVANCE REQUIRED
Advance payment of S is requested. Balance of payment will be
made on a reimbursement basis. These funds are needed to pay staff award
benefits to clients, duplicate forms and purchase start-up supplies and
equipment. We would not be able to operate the program without this advance
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
DESCRIPTION
(A)
(B)
(C)
(D)
FFY 2002
IFFY 2003
IFFY 2004
Total
1
INITIAL CONTRACT ALLOCATION
2
FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3
AVERAGE PERCENT EXPENDED IN FIRST THREE
%
MONTHS Divide line 2 by line 1.
First three months expenditures need to be provided for the years in which you requested a LIHEAP contract. If you do not have this information,
call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED:
-- xS_
Cell D3
LIHEAP Award
=S
Maximum Advance
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[ ] Recipient has no previous history LIHEAP contract. Complete Estimated Expenses chart and explanation of circumstances below.
[ ] Recipient has exceptional circumstances that require an advance greater than the first three months expenditures of the previous three years.
Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional pages if needed.
ESTIMATED EXPENSES CHART
BUDGET CATEGORY I 2005 -2006 Anticipated Expenditures for First I
Three Months of Contract
ADMINISTRATIVE COSTS (Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
47
Miscellaneous Property Coverages
, FMIT #0529
October 1, 2004 - October 1, 2005
Extra Expense
All locations are covered under Coverage Extension 5g.
Valuable Papers Dk'<Ie � 0- �
All locations are covered under Coverage Extension 5c_
Accounts Receivable
All locations are covered under Coverage Extension 5f-
Crime/Bond
Bond Type
Honesty Blanket Bond
Faithful Performance Blanket
Bond
Limit
$200,000
Deductible Amount
$0
$0
Deductible Amount
None
Money & Securities (Theft, Disappearance & Destruction)
Inside:
Outside:
Limit Deductible Amount
$200,000 None
$200,000 None
Bond Limit
$200,000
$200,000
Depositors Forgery
FMIT MPC 1002 Page 1 of 1
07/29/2004
FMIT PROPERTY AND ALLIED COVERAGES
October 1, 2004 - October 1, 2005 Scheduled Coverage Forms List
FMIT #0529
Crhntlnln r-
Form #
COMMON
FMIT
IND
10 -04
Indemnity Agreement
FMIT
GC
10 -04
Coverage Agreement
FMIT
DSL
10 -02
Deductible Stoploss Endorsement Provisions
FMIT
MPC
10 -02
Miscellaneous Property Coverages
IL 00
17
11 -98
Common Policy Conditions
IL 02
55
07 -02
Florida Changes - Cancellation And Nonrenewal
PROPERTY
PR -SCHED
01 -02
Property Schedule
CP 10
50
07 -88
Additional Exclusions
CP 14
50
10 -00
Radio Or Television Antennas
FMIT
FCR
10 -02
Fungus Remediation
CP 00
90
07 -88
Commercial Property Conditions
CP 00
10
10 -00
Building And Personal Property Coverage Form
FMIT
PROP
03 10 -04
Coverage Extensions
CP 01
25
06 -95
Florida Changes
CP 10
30
10 -00
Causes of Loss - Special Form
FMIT
PROP
12 10 -02
Ordinance Or Law Coverage
- P 00
20
10 -00
Builders' Risk Coverage Form
IT
EBC
10 -02
Equipment Breakdown Coverage
INLAND MARINE
FMIT IM SCH 10 -04 Miscellaneous Schedule Of Inland Marine
FMIT PROP 02 10 -02 Inland Marine Floater
CM 00 01 09 -00 Commercial Inland Marine Conditions
CRIME
CR 00 21 03 -00 Commercial Crime Coverage Form (Loss Sustained Form)
FMIT PROP 05 10 -02 Public Employees Blanket Bond
FMIT PROP DEC 1004 Page 2 of 2
FLORIDA MUNICIPAL INSURANCE TRUST
PROPERTY, ALLIED LINES AND CRIME
DECLARATIONS
I. DESIGNATED MEMBER:
City of Sanford
II. Govemment Description
Municipality
III. COVERAGE PERIOD
From October 1, 2004
the Designated Member.
Agreement No.: FMIT #0529
to October 1, 2005 12:01 A.M. Standard Time at the address of
Premium
Basis Deductible/TVDe Limit Net Premium
IV. Property and Allied Coverages
Real Property
Personal Property
Coinsurance:
Valuation Basis:
Blanket:
Inflation Guard:
Time Element
Business Income
Extra Expense
Inland Marine Valuation Basis:
Valuable Papers
Accounts Receivable
Blanket:
Crime
Money & Securities - Loss Inside
- Loss Outside
Depositors' Forgery
Bond
Honesty Blanket Bond
Faithful Performance Blanket Bond
V. This Agreement includes these endorsements and schedules: See Schedule C
VI. ESTIMATED ANNUAL PREMIUM
Normal Incentive Net
Premium Credit Premium
Florida Municipal Insurance Trust (FMIT) $128,230 $22,725 $105,505
Florida League of Cities Sponsored Insurance Programs Since 1977
THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE
FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT.
FMIT PROP DEC 1004 Original Page 1 of 2
10/15/2004
f
$105,505
$25,000DSL
$43,365,624
Included
$25,000DSL
$8,604,309
Included
100°%
Replacement
Cost
Yes
No
Per Extension;
Included
Per Extension
$0
Included
Actual Cash
Per Schedule
$1,460,507
Included
Value
Yes
Included
Per Extension
$0
Included
Per Extension)
$0
Included
$0
Per Schedule
Included
$0
Per Schedule
Included
Per Schedule
Included
I
Per Schedule
Included
i
I
I
i
Per Schedule
Included
V. This Agreement includes these endorsements and schedules: See Schedule C
VI. ESTIMATED ANNUAL PREMIUM
Normal Incentive Net
Premium Credit Premium
Florida Municipal Insurance Trust (FMIT) $128,230 $22,725 $105,505
Florida League of Cities Sponsored Insurance Programs Since 1977
THIS DECLARATIONS AND THE SUPPLEMENTAL DECLARATIONS, TOGETHER WITH THE COMMON CONDITIONS, COVERAGE
FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED AGREEMENT.
FMIT PROP DEC 1004 Original Page 1 of 2
10/15/2004