779-Weatherization Assis. 2000Contract Number: 00WX-D3-06-69-02-030
CFDA Number: 81.042
Revised 7~99
WEATHERIZATION ASSISTANCE PROGRAM GRANT 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 , (hereinaffer referred to as the
"Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified herein, and does offer to
perform such services, and
B. WHEREAS, the Department has a need for such services and does hereby accept the offer of
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 Fee for Service
and Scope of Work, Attachments A-1 and A-2, 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-1.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties or October 1, 1999, whichever
is later, and shall end on September 30, 2000, unless terminated earlier in accordance with the provisions
of paragraph (9) of this Agreement. This offer terminates if it has not been executed and returned to the
Department by the Recipient within 35 calendar days after receipt of the Agreement by the Recipient. The
Department has no obligation to enter into this Agreement after that time.
(4) MODIFICATION OF CONTRACT; REPAYMENTS.
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.
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 Affairs", and mailed directly to the Department at
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee, FI. 32399-2100
the following address:
(5) RECORD KEEPING.
(a) If applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations", and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments", OMB Circular No. A-21, "Cost Principles for Educational
Institutions", or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations". If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the final close-out
report, whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three year 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 three years after final disposition.
after closing of title.
3. Records relating to real property acquisition shall be retained for three years
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Fee for Service and Scope
of Work, Attachments A-1 and A-2 and all other applicable laws 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 or monitors
retained by the Department.
(e) Any additional terms and conditions pertaining to record keeping are set forth in
Attachment C and all terms and conditions pertaining to property management and procurement under
this Agreement are set forth in Attachment H.
(6) REPORTS.
(a) At a minimum, the Recipient shall provide the Department with a monthly financial
report, a unit characteristics report and with a close-out report.
(b) Monthly reports are due to be received by the Department by the tenth (1 0th) day of
each month and shall continue to be submitted each month until submission of the administrative close-
out report.
(c) The close-out report is due within 45 days after the termination date of this Agreement
or upon completion of the activities contained in this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days after
written notice by the Department. "Acceptable to the Department" means that the work product was
completed in accordance with generally accepted principles and is consistent with the Fee for Service and
Scope of Work, Attachments A-1 and A-2.
(e) Upon reasonable notice, 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 D.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Fee for Service and Scope of Work is being accomplished within
specified time periods, and other performance goals are being achieved. Such review shall be made for
each function or activity set forth in Attachments A-1 and A-2 to this Agreement.
(8) LIABILITY.
(a) Except as otherwise provided in subparagraph (b) below, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save
the Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this Agreement. For purposes of this Agreement, Recipient agrees that it is
not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in
claims or suits against the Department, and agrees to be liable for any damages proximately caused by
said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing 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.
(9) DEFAULT; REMEDIES: TERMINATION.
· (a) If the necessary funds are not available to fund this Agreement as a result of action by
the Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the
following events occur ("Events of Defaults'), 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 herein, but the Department may make any payments or
parts of payments after the happening of any Events of Default without thereby waiving the right to
exercise such remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous Agreement with the Department and has not cured such in timely fashion, or is
unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any reports
filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within
thirty (30) days from the time the date written notice is sent by the Department;
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
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4. If the Recipient has failed to perform and complete in timely fashion any of the
services required under the Fee for Service and Scope of Work attached hereto as Attachments A-1 and
A-2;
(b) Upon the happening of an Event of Default, then the Department may, at its option,
upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or
more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the
following remedies shall not preclude the Department from pursuing any other remedies contained herein
or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
States mail', first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address set forth in paragraph (10) herein;
this Agreement;
2. Commence an appropriate legal or equitable action to enforce performance of
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available under
law;
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla, Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla~
Star., as amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance with
laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the 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.
(10) 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:
Weatherization Program Manager
Department of Community Affairs
Division of Housing and Community Development
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
850/488-7541
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
CHARLES A. ROWE
(name)
P.O. BOX 1788,300 N. PARK AVENUE
(address)
SANFORD, FL 32772-1788 (407) 330-5665
(city, state, zip) (telephone)
DIRECTOR
OF COMMUNITY DEVELOPMENT
(title)
(d) In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be
rendered as provided in (10) (a) above.
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient, in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are incorporated
by reference. The lack of accuracy thereof or any 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) 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 hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a
public entity, and may not transact business with any public entity in excess of Category Two for a period
of 36 months from the date of being placed on the convicted vendor list.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through 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) The Recipient shall provide the Department with an annual financial audit report which
meets the requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550 and 10.600, Rules
of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501-
7507, OMB Circulars A-128 or A-133 for the purposes of auditing and monitoring the funds awarded under
this Agreement. The funding for this Agreement is received by the Department as a grant and aid
appropriation.
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifyin9 all Agreement and other revenue by sponsoring agency and Agreement
number.
3. The complete financial audit report, including all items specified in (12) (d) 1
and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(e) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(f) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three years after the date of
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submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the three-year period, the records shall be retained until the litigation or audit findings have
been resolved.
(g) The Recipient 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.
(h) The audit is due seven (7) months after the end of. the fiscal year of Recipient or by
the date the audit report is issued by the state Auditor General, whichever is later.
(I) An audit performed by the State Auditor General shall be deemed to satisfy the above
audit requirements.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of this Agreement. The Recipient agrees to include in the subcontract that (I) the subcontractor
is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
This Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Attachment A-1
Attachment A-2
Attachment B-1
Attachment B-2
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
Attachment J
Attachment K
Attachment L
Fee for Service Summary and Detail
Scope of Work
Program Statutes and Regulations
Monitoring, Evaluation & Technical Assistance
Record Keeping
Reports
Federal Lobbying Prohibitions
Copyright, Patent and Trademark
Advance Request Justification
Property Management and Procurement
Statement of Assurances
County Allocations
Special Conditions
Recipient Information Form
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(16) FUNDING/CONSIDERATION.
(a) This is a performance based cost-reimbursement Agreement. The Recipient shall be
reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to
exceed $ 48,088.00 , subject to the availability of funds. Performance of work must be in
accordance with the provisions of Attachment A-2, Scope of Work. The Recipient will be reimbursed for
30% of the total cost of Materials, Labor and energy related Health and Safety measures as a Fee for
Service based on monthly completion of units. Based on the Fee for Service amount, the total cost of
Materials, Labor and the Health and Safety total, the Recipient may charge 10% for Administration as
explained in the provisions of Attachment A-l, Fee for Service Summary and Detail. Administration may
not exceed 10% of the total amount of the Agreement. If the Recipient has failed to meet the performance
requirements of the Fee for Service and Scope of Work, Attachments A-1 and A-2, of the Agreement, the
Department may, upon written notice to the Recipient, decrease the funding under this Agreement. The
decrease will be effective upon receipt of notice by the Recipient.
(b) Any advance payment under this Agreement is subject to s. 216.181 (15), Fla. Stat..
The amount which may be advanced may not exceed the expected cash needs of the Recipient within the
first three (3) months, based upon the funds being equally disbursed throughout the contract term. For a
federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-
122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the data
on which the request is based and a justification statement shall be included in this Agreement as
Advance Request Justification, Attachment G. Attachment G will specify the amount of advance payment
needed and provide an explanation of the necessity for and proposed use of these funds. The advance
payment funds are to be used for start-up costs for production only.
1. X No advance payment is requested.
2. __ An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a monthly reimbursement
basis as needed. The Recipient agrees to expend funds in accordance with the Fee for Service and
Scope of Work, Attachments A-1 and A-2 of this Agreement.
(d) Any grant funds not expended for the agreed service and in accordance with the
program budget shall be considered Department funds and shall be returned by the Recipient to the
Department within forty-five (45) days following the Agreement termination date or the date set by the
Department.
(e) Provision of funding under this contract shall not be construed as a guarantee of
future or subsequent funding under this program. The performance by the Department under this
Agreement, and any amendments to this Agreement, shall be subject to and contingent upon the
availability of moneys lawfully appropriated to the Department and applicable for the purpose of this
Agreement.
(f) The Department or the Recipient may request modifications to this Agreement.
Acceptable changes shall be incorporated in writing as modifications to this Agreement. All requests for
modifications submitted to the Department for approval must include a narrative description of the
proposed changes and their effect upon the approved scope of services. Modifications require thirty (30)
days to process from the time of receipt by the Department and are only effective upon the date of written
execution by both parties or on the date set by the Department.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) 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.
(b) If otherwise allowed under this Agreement, extension of an Agreement for contractual
services shall be in writing for a period not to exceed six (6) months and shall be subject to the same
terms and conditions set forth in the initial Agreement. There shall be only one extension of this
Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the
Agreement is due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Fla. Stat..
(e) 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 the Agreement.
(f) 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
Department's obligation to pay the contract amount.
(g) 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
CINA")]. 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 the Agreement by
the Department.
(18) STATE LOBBYING PROHIBITION.
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
Flodda Legislature or any state agency. Refer to Federal Lobbying Prohibitions, Attachment E for
additional terms and provisions relating to lobbying.
(19) COPYRIGHT. PATENT AND TRADEMARK.
If applicable to this Agreement, refer to Copyright, Patent and Trademark, Attachment F
for terms and conditions relating to copyrights, patents and trademarks.
(20) 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.
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(21) ASSURANCES.
The Recipient shall comply with any statement of assurances incorporated as Statement
of Assurances, Attachment I.
(22) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. 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 the 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.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
RECIPIENT:
LARRY A. DALE
MAYOR
Name(typed)
Title (typed)
Oq-2g-qq
Date
59-6000425
Federal Identification Number
Bureau of Community Assistance
SAMAS #
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ATTACHMENT A-I
FEE FOR SERVICE SUMMARY AND DETAIL REPORTING INSTRUCTIONS (WEATHERIZATION)
BWR MATERIAL AND LABOR TOTALS MUST EQUAL THE AMOUNTS SHOWN ON THE FSR
From the Financial Status Report:
1. a) Material (Total from BWRs)
b) Labor (Total from BWRs)
2. Health and Safety- $300 maximum per unit
(Material & Labor for energy-related hazards only)
3. Total of Lines la, lb, &2
4. Fee for Service (Line 3 X 30%)
5. Total of Lines la, lb, 2 & 4 (current month column)
6. Administration (Line 5 X 10%)
7. Comprehensive Annual Audit
8. Training & Technical Assistance
9. Totals (Current Month & Total to Date Columns)
CURRENT MONTH TOTAL TO DATE
I .a)
REPORTING INSTRUCTIONS
MATERIAL: Total materials installed on the units submitted for allowable weatherization measures.
LABOR: Total labor tied to the installation of materials on the units submitted. (This does not include pre and
post blower door labor, inspections, intake etc.)
HEALTH AND SAFETY (ENERGY-RELATED HAZARD MEASURES ONLY): This category must be
reported separately. This is for material and labor (other than weatherization material & labor) to abate
energy-related health and safety hazards. Maximum amount allowable is $300 per unit.
TOTAL LINES la, lb, and 2: This is the amount used for calculating the Fee for Service.
FEE FOR SERVICE (LINE 3 X 30%): This amount will be based on the total of material and labor, energy
related health and safety measures and eligible match contributions spent for units completed monthly.
Liability insurance and costs that were program support will be incorporated into the Fee for Service (FFS).
TOTAL OF LINE la, lb, 2 AND LINE 4: This is the amount used for calculating the monthly administration
amount.
ADMINISTRATION ( LINE 5 X 10%): This can only be earned monthly, based on the total of material, labor,
health and safety and Fee for Service.
COMPREHENSIVE ANNUAL AUDIT: This is for the pro rata share of the agency audit charged to each
program. The Recipient must not bill in excess of 1/12th of the cost of the audit in any single month.
TRAINING AND TECHNICAL ASSISTANCE: Travel for training, workshops or conferences will not be
reimbursed without prior written approval from the Department.
TOTALS (CURRENT MONTH & TOTAL TO DATE COLUMNS): Add these columns and enter the totals on
this line.
ATTACHMENT A-2
SCOPE OF WORK
In carrying out this Agreement, the Recipient will provide the necessary personnel, materials, services
and facilities, except as otherwise provided herein, to carry out the program. The Recipient will be
responsible for the following activities:
A. Soliciting, identifying and qualifying low-income residents within the Recipient's identified service area
with the need and desire for energy conservation assistance. The Recipient will make the services
provided for under this contract available to all eligible clients in the counties to be served.
The names of the counties to be served are listed below: SEMINOLE
B. Evaluating the needs of each residence following the National Energy Audit (NEAT) and supplemental
Department and federal Department of Energy guidelines; and completing work write-ups describing in
detail the needed improvements on each dwelling. Each unit must be evaluated with a walk-around
inspection package, visual observation and measurements, blower door tests and monoxer tests. This
information will be entered into the NEAT computer program which will generate a print-out of
recommended measures to be performed. This print-out sheet will separate the measures by Air
Infiltration Reduction Items, Savings to Investment Ratio (SIR), and Cost of materials and labor to perform
the measures. The Department also requires that the following measures be installed on every unit
receiving energy conversation measures; low flow showerhead, water heater blanket, water line insulation
and air filters for heating and cooling units.
C. Supervising, monitoring and ensuring the quality of all work by staff, volunteers and subcontractors.
D. Providing a final inspection and certification of all work by an employee of the Recipient not directly
responsible for the work to evaluate the quality and completeness of the job.
E, Providing the Department with documentation and reports as required by this Agreement as well as
other information related to this project as may be specified by the Department.
12
ATTACHMENT B-I
PROGRAM STATUTES AND REGULATIONS
Both the Recipient and the Department shall be governed by applicable laws and rules, including but
not limited to:
A. Pub. L. 94-385, Part A, Title IV ("Energy Conservation and Production Act of 1976"); the Omnibus
Budget Reconciliation Act of 1981, Title XXVI of Pub. L. 97-35 (Low-Income Home Energy Assistance Act
of 1981); Title II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96-619); Title V,
Subtitle E, of the Energy Security Act of 1981 (Pub. L. 96-294); and Chapter 163, Fla. Stat.
B. All federal statutes relating to nondiscrimination including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) which prohibits discrimination on the basis
of race, color or national origin;
2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits
discrimination on the basis of handicaps;
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits
discrimination on the basis of age;
5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92- 255), as amended, relating to
nondiscrimination on the basis of drug abuse;
6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
7. Subsections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-
3), as amended, relating to con~dentiality of alcohol and drug abuse patient records;
8. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing of housing; and
9. The requirements of any other nondiscrimination statute(s) which may apply to the Weatherization
Assistance Program.
10. The Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. Sections 12101
through 12213).
C. Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order
11375, and as supplemented in Department of Labor Regulations (41 C.F.R. Part 60).
D. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42
U.S.C. 1857 et seq.) and the federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
E. The Recipient will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4081 et
seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
13
F. The Recipient will assist in assuring compliance with Section 106 of the National Histodc Preservation
Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties),
and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.)
G. In compliance with 10 C.F.R. Subpart E, Part 1036.510 (Appendix B), the Recipient certifies that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Agreement by any Federal Department or
agency.
H. The Recipient shall screen applicants for program eligibility under 1986 Immigration and Nationality
Act, as currently amended.
I. Recipients which procure $10,000 or more of insulation products annually are required to put into effect
an affirmative procurement program to insure the purchase of insulation products composed of the highest
percentage of recoverable materials practicable, taking into consideration competition, availability,
technical performance and cost in accordance with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976, and guidelines promulgated by the
Environmental Protection Agency.
J. All applicable federal rules, regulations and guidelines including 10 C.F.R. 600, and all applicable OMB
Circulars, as revised, as they relate to the application, acceptance, and use of federal funds under this
Agreement.
K. Other applicable federal and State laws, rules, regulations and guidelines.
L. There shall be no religious worship, instruction, or proselytization as any part of, or in connection with,
the performance of this Agreement.
M. The Recipient certifies that neither its organization nor any member of the staff is debarred or
suspended or is otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549, "Debarment and Suspension." The contractor may not make any
subcontract to a debarred or suspended party. A current listing of such parties is maintained by the
Department for review.
N. Before beginning work on any dwelling, the Recipient shall have:
Documentation of client income eligibility in accordance with the most recent federally established
Poverty Income Guidelines. Client income verification must be conducted within 180 days prior to
the date the work begins.
2. Documentation of authorization from the owner of the dwelling or his authorized agent.
3. Documentation of proof of ownership.
4. Agreement with the owner of rental property assuring compliance with 10 C.F.R. Part 440.22.
O. INTEREST INCOME: Except as provided for advance payments, the Recipient may temporarily invest
grant funds, but any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount. Any interest income earned by the temporary
investment of these grant funds that are not applied against the Department's obligation to pay shall be
returned to the Department at the time of submission of the final close-out report.
P. PROGRAM INCOME: Recipient may apply net program income, after costs incident to the generation
of gross program income are deducted, excluding interest income, to meet matching requirements, or may
reprogram it for eligible program activities in accordance with Rule Chapter 9B-24, Florida Administrative
Code. The amount of program income and its disposition must be reported to the Department at the time
14
of submission of the final close-out report. Expenditure of program income balances at contract end must
be approved by the Department.
Q. A written appeal system must be adopted by the Board of Directors of the Recipient, posted in the
Recipient's agency, and provided in writing to those applying for services. In the event of a
complaint/appeal, the complaint/appeal shall first be heard by the:
DIRECTOR OF COMMUNITY DEVELOPMENT (Title of Position)
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be
heard by:
CITY MANAGER
(Title of Position)
Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing will be held
by:
CITY COMMTSSION
(Committee or Full Board)
All complaints received by the Department will be referred to the Recipient.
15
ATTACHMENT B-2
MONITORING, EVALUATION & TECHNICAL ASSISTANCE
A. Training and technical assistance shall be provided by the Department, within limits of staff time and
budget, upon request by the Recipient and/or upon a determination by the Department of Recipient need.
B. The Recipient shall allow the Department to carry out monitoring, evaluation and technical assistance
and shall ensure the cooperation of its employees, and any subgrantees with whom the Recipient
contracts to carry out program activities.
ATTACHMENT C
RECORD KEEPING
No Additional Requirements
ATTACHMENT D
REPORTS
A. Reports are due to the Department by the 10th of the month. The Recipient shall submit a Financial
Status Report (FSR), a Unit Characteristics Report and a Building Work Report (BWR) package for each
dwelling unit on which work has been completed and inspected. The Building Work Report package shall
consist of a signed, dated copy of the BWR, a copy of the NEAT printout sheet and a completed client
intake form. Failure to submit all required monthly reports as outlined above shall constitute grounds for
suspension or termination of this agreement. Reports must be submitted to:
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance, Weatherization Assistance Program
2555 Shumard Oak Blvd., The Sadowski Building
Tallahassee, Florida 32399-2100
B. Hand delivered reports must be date stamped in by Department staff. Each report form shall be
signed by the Recipient's designated agent.
18
ATTACHMENT E
FEDERAL LOBBYING PROHIBITIONS
The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge
and belief:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Recipient:
, MAYOR
ATTACHMENT F
COPYRIGHT, PATENT AND TRADEMARK
A. If the Recipient bdngs to the performance of this Agreement a preoexisting patent or copyright, the
Recipient shall retain all rights and entitlements to that preoexisting 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 hereby reserved to the State of Flodda. 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 reserved to the
State of Florida.
C. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could
give 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 occur
during performance of the Agreement.
20
ATTACHMENT G
ADVANCE REQUEST JUSTIFICATION
A. If any advance is requested on this Agreement, the Recipient must provide at least the following
information and justification.
1. Number of houses to be weatherized during the first three months .....................
2. Average projected expense for each house .........................................................$
3. Total of line I X line 2 ...........................................................................................$
4. Total of line 3 X 10% projected administrative expenses .....................................$
5. Explain any other projected expenses for this period: .........................................$
6. Total of lines 3 + 4 + 5 ......................................................................................$
THESE ARE THE ESTIMATED EXPENSES FOR 3 MONTHS.
7. Total amount of grant x 25% ............................................................................$
THIS IS THE MAXIMUM ALLOWABLE ADVANCE.
THE ADVANCE AMOUNT REQUESTED MUST BE THE TOTAL FROM LINE 6 OR LINE 7,
WHICHEVER IS THE LESS AMOUNT.
B. In the space below provide a concise explanation of the need for this advance.
ATTACHMENT H
PROPERTY MANAGEMENTANDPROCUREMENT
A. The Recipient shall comply with procurement standards equivalent to the requirements of 10 C.F.R.
600.436(b) for local government subrecipients and 10 C.F.R. 600.119 for non-profit Recipients and
relevant state and local laws applicable to the procurement of supplies, equipment, construction, and
services.
B. The Recipient shall comply with property management standards for non-expendable property
equ iva lent to 10 C.F.R. 600.432 for local govern ment Reci p ients and 10 C.F.R. 600.117 for non-profit
Recipients.
22
ATTACHMENT I
STATEMENT OF ASSURANCES
The Recipient hereby certifies the following assurances:
A. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action
authorizing the filing of the contract, including all understandings and assurances contained therein, and
directing and authorizing the Recipient's chief executive to act in connection with the agreement and to
provide such additional information as may be required.
B. The Recipient, in performing the requirements of this agreement shall comply with applicable laws,
rules, regulations, ordinances, and codes of the federal, state and local governments. The Recipient shall
ensure that subcontractors possess proper, current state and local licenses to perform the services.
C. Units of local government, Indian tribes and non-profit organizations shall secure and maintain such
insurance as may be necessary for protection from claims under Worker's Compensation Acts and from
claims for bodily injury, death, or property damage which may arise from the performance of services
under this Agreement.
D. Priority in selection of clients will be given to the elderly and the disabled.
E. The Recipient shall give priority to units served in order of preference as follows:
1. single family owner occupied units,
2. single family renter occupied units in buildings up to five units,
3. multi-family units (5 units or more per building), with 10% owner participation,
4. multi-family units (5 units or more per building), without owner participation in
cases where the landlord can document an inability to pay the required 10%.
F. To the maximum extent practicable, the use of services provided under this Agreement shall be
coordinated with other Federal, State, local, or privately funded programs in order to improve energy
efficiency and to conserve energy.
G. The Recipient will permit attendance by the department's representatives at any meetings of the
Recipients Board of Directors, executive committee or legislative body.
H. The Recipient will permit on-site program evaluation by the Florida Energy Office, the Department of
Energy, the Department's field representative and by technical assistance groups assigned by the
Department. The Recipient will also allow inspection, verification, and audit of financial transactions and
records by staff or agents of the department, the Comptroller's Office, legislative or federal auditors, and
Department of Energy personnel.
I. In order to ensure that no undue or excessive enhancement takes place on renter occupied units, the
Recipient shall require that the landlords of buildings with five or more units, or any combination of
buildings with an aggregate total of five units or more, that receive services under this contract will pay ten
percent (10%) of the total cost of the work performed. The landlord's participation may be waived or
reduced if they can document in writing that they cannot afford to participate. A written agreement
between the Recipient and the landlord detailing the landlord's commitment and legal responsibilities will
be executed after pre-inspection and work determination has been completed and prior to work beginning
on the unit.
J. The Recipient will not use funds provided under this contract to supplant other federal, state or local
funds.
K. All non-profit Recipients will maintain a fidelity bond indemnifying against losses resulting from the
fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a
position of trust. The amount of the bond must be no less than one-fourth of the total amount of this
Agreement.
L. All work ordered, completed and paid for from these grant funds must be directly related or incidental
to the Scope of Work (Attachment A). Incidental repairs are those necessary to make the installation of
energy conservation measures effective or to protect such materials. The cost of incidental repairs, labor
and materials, may not exceed 25% of the total cost of labor and materials for the house.
M. As part of the initial evaluation of the house, the Recipient will perform an air pollution source survey
and a blower door test in accordance with department prescribed protocol. If there are gas appliances
present, a carbon monoxide test is required. After air tightening procedures are performed on the unit,
another blower door test and monoxer test will be performed to make sure the house is not tightened
beyond acceptable measures.
N. Elimination of energy-related health and safety hazards are permissible if such elimination is necessary
before, or as a result of, installation of weatherization materials. The maximum amount allowed shall not
exceed $300 per unit and this amount must be included in the total cost of the unit.
O. All weatherization work will be performed according to the Department of Energy C.F.R. part 440
guidelines using the National Energy Audit (NEAT) or other audits required by the Department on all units
receiving weatherization services.
24
ATTACHMENT J
COUNTY ALLOCATIONS
The financial allocation specified for each county must be spent in that county.
COUNTY ALLOCATION
Seminole $ 48,088.00
Attachment K
Special Conditions
No special conditions,
ATTACHMENT L
RECIPIENT INFORMATION FORM
Please complete all information applicable to your organization.
Ao
RECIPIENT CATEGORY:
( ) County Government ~:X) City Government
( ) Community Action Agency ( ) Other private, Non-Profit Agency
( )IndianTribe
( ) Other, Specify
B. GENERAL ADMINISTRATIVE INFORMATION:
1. Recipient's full legal name: CTTY OF SANFORD
,
THE WARRANT WILL BE MAILED TO THIS ADDRESS UNLESS OTHERWISE
INDICATED:
Recipient's mailing address: P' O. BO, 1788
City: SANFORD Zip Code: 32772-1788
Telephone: (40)7 330-5665 FAX Number: (Z,F~ '~30-5677
3. Street Address (if different from above): 300 T~. PARY AVe.
SANFORD, FL 32771
4. Chief Official/Executive Director:
LARRY A. DALE MAYOR
(Name) (Title)
5. Official to receive state warrant:
LARRY A. DALE MAYOR
(Name) (Title)
6. Program Director/Coordinator:
CHARLES A. ROWE DIRECTOR OF COMMUNITY DEVELOPMENT
(Name) (Title)
27
Contract Number: 00LH-Ag-06-6g-02-030
CFDA Number: g3.568
Revised 7/gg
WEATHERIZATION LOW INCOME HOME ENERGY ASSISTANCE PROGRAM 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 FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified herein, and does offer to
perform such services, and
B. WHEREAS, the Department has a need for such services and does hereby accept the offer of
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 Fee for Service
and Scope of Work, Attachments A-1 and A-2 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 by both parties or September 30, 1999,
whichever is later, and shall end on September 29, 2000, unless terminated earlier in accordance with the
provisions of paragraph (9) of this Agreement. This offer terminates if it has not been executed and
returned to the Department by the Recipient within 35 calendar days after receipt of the Agreement by the
Recipient. The Department has no obligation to enter into this Agreement after that time.
(4) MODIFICATION OF CONTRACT; REPAYMENTS.
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.
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 Affairs, and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee, FI. 32399-2100
(5) RECORD KEEPING.
(a) If applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations", and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments", OMB Circular No. A-21, "Cost Principles for Educational
Institutions", or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations". If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the final close-out
report, whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three year 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 three years after final disposition.
3. Records relating to real property acquisition shall be retained for three years
after closing of title.
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Fee for Service and Scope
of Work, Attachments A-1 and A-2, and all other applicable laws 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 or monitors
retained by the Department.
(e) Any additional terms and conditions pertaining to recordkeeping are set forth in
Attachment C and all terms and conditions pertaining to property management and procurement under
this Agreement are set forth in Attachment H,
(6) REPORTS.
(a) At a minimum, the Recipient shall provide the Department with a monthly financial
report, a quarterly household report and with a close-out report.
(b) Monthly reports are due to be received by the Department by the tenth (1 0th) day of
each month and shall continue to be submitted each month until submission of the administrative close-
out report.
(c) The close-out report is due 45 days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days after
written notice by the Department. "Acceptable to the Department" means that the work product was
completed in accordance with generally accepted principles and is consistent with the Fee for Service and
Scope of Work, Attachments A-1 and A-2.
(e) Upon reasonable notice, 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 D.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Fee for Service and Scope of Work is being accomplished within
specified time periods, and other performance goals are being achieved. Such review shall be made for
each function or activity set forth in Attachments A-1 and A-2 to this Agreement.
(8) LIABILITY.
(a) Except as otherwise provided in subparagraph (b) below, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save
the Department harmless against all claims of whatever nature by third parties adsing 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 for its negligent acts or omissions or tortious acts which result in
claims or suits against the Department, and agrees to be liable for any damages proximately caused by
said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing 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.
(9) DEFAULT: REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this Agreement as a result of action by
the Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the
following events occur ("Events of Default"), all obligations on the part of the Department to make any
further payment of funds hereunder shall, if the Department so elects, terminate and the Department may,
at its option, exercise any of its remedies set forth herein, but the Department may make any payments or
parts of payments after the happening of any Events of Default without thereby waiving the right to
exercise such remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous Agreement with the Department and has not cured such in timely fashion, or is
unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any reports
filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within
thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the
services required under the Fee for Service and Scope of Work attached hereto as Attachments A-1 and
A-2.
(b) Upon the happening of an Event of Default, then the Department may, at its option,
upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or
more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the
following remedies shall not preclude the Department from pursuing any other remedies contained herein
or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available under
law;
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance with
laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the 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.
(10) 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.
(b) The name and address of the Department contract manager for this Agreement is:
Weatherization Program Manager
Department of Community Affairs
Division of Housing and Community Development
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
850/488-7541
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
CHARLES A. ROWE DIRECTOR OF COMMUNITY DEVELOPMENT
(name) (title)
P.O. BOX 1788, 300 N. PARK AVENUE
(address)
SANFORD, FL 32772-1788 (407) 330-5665
(city, stab, zip) (~lephone)
(d) In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be
rendered as provided in (10) (a) above.
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient, in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are incorporated
by reference. The lack of accuracy thereof or any 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) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on stdct performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person 0r affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under contract with a
public entity, and may not transact business with any public entity in excess of Category Two for a period
of 36 months from the date of being placed on the convicted vendor list.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through 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) The Recipient shall provide the Department with an annual financial audit report which
meets the requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550 and 10.600, Rules
of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U,S.C. ss. 7501-
7507, OMB Circulars A-128 or A-133 for the purposes of auditing and monitoring the funds awarded under
this Agreement. The funding for this Agreement is received by the Department as a grant and aid
appropriation.
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number.
3. The complete financial audit report, including all items specified in (12) (d) 1
and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(e) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(f) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the three-year period, the records shall be retained until the litigation or audit findings have
been resolved.
(g) The Recipient 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.
(h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by
the date the audit report is issued by the state Auditor General, whichever is later.
(I) An audit performed by the State Auditor General shall be deemed to satisfy the above
audit requirements.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of this Agreement. The Recipient agrees to include in the subcontract that (I) the subcontractor
is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractors performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
This Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Attachment A-1
Attachment A-2
Attachment B-1
Attachment B-2
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
Attachment J
Attachment K
Attachment L
Fee for Service Summary and Detail
Scope of Work
Program Statutes and Regulations
Monitoring, Evaluation & Technical Assistance
Record Keeping
Reports
Federal Lobbying Prohibitions
Copyright, Patent and Trademark
Advance Request Justification
Property Management and Procurement
Statement of Assurances
County Allocations
Special Conditions
Recipient Information Form
7
(16) FUNDING/CONSIDERATION.
(a) This is a performance based cost-reimbursement Agreement. The Recipient shall be
reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to
exceed $26,450.00 subject to the availability of funds. Performance of work must be in accordance with
the provisions of Attachment A-2, Scope of Work. The Recipient will be reimbursed for 30% of the total
cost of Materials, Labor and energy related Health and Safety measures as a Fee for Service based on
monthly completion of units. Based on the Fee for Service amount, the total cost of Materials, Labor and
the Health and Safety total, the Recipient may charge 7% for Administration as explained in the
provisions of Attachment A-l, Fee for Service Summary and Detail. Administration may not exceed 7% of
the total amount of the Agreement. If the Recipient has failed to meet the performance requirements of the
Fee for Service and Scope of Work, Attachments A-1 and A-2, of the Agreement, the Department may,
upon written notice to the Recipient, decrease the funding under this Agreement. The decrease will be
effective upon receipt of notice by the Recipient.
(b) Any advance payment under this Agreement is subject to s. 216.181 (15), Fla. Stat..
The amount which may be advanced may not exceed the expected cash needs of the Recipient within the
first three (3) months, based upon the funds being equally disbursed throughout the contract term. For a
federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-
122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the data
on which the request is based and a justification statement shall be included in this Agreement as
Attachment G. Attachment G will specify the amount of advance payment needed and provide an
explanation of the necessity for and proposed use of these funds. The advance payment funds are to be
used for start-up costs for production only.
1. X No advance payment is requested.
2. __ An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a monthly reimbursement
basis as needed. The Recipient agrees to expend funds in accordance with the Fee for Service and
Scope of Work, Attachments A-1 and A-2 of this Agreement.
(d) Any grant funds not expended for the agreed service and in accordance with the
program budget shall be considered Department funds and shall be returned by the Recipient to the
Department within forty-five (45) days following the Agreement termination date or the date set by the
Department.
(e) Provision of funding under this contract shall not be construed as a guarantee of
future or subsequent funding under this program. The performance by the Department under this
Agreement, and any amendments to this Agreement, shall be subject to and contingent upon the
availability of moneys lawfully appropriated to the Department and applicable for the purpose of this
Agreement.
(f) The Department or the Recipient may request modifications to this Agreement.
Acceptable changes shall be incorporated in writing as modifications to this Agreement. All requests for
modifications submitted to the Department for approval must include a narrative description of the
proposed changes and their effect upon the approved scope of sen/ices. Modifications require thirty (30)
days to process from the time of receipt by the Department and are only effective upon the date of written
execution by both parties or on the date set by the Department.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) 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.
(b) If otheRvise allowed under this Agreement, extension of an Agreement for contractual
services shall be in writing for a period not to exceed six (6) months and shall be subject to the same
terms and conditions set forth in the initial Agreement. There shall be only one extension of this
Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the
Agreement is due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Fla. Star..
(e) The Department of Community Affairs reserves the right to unilateratly 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 the Agreement.
(f) 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
Department's obligation to pay the contract amount.
(g) 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
CINA")]. 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.
(18) STATE LOBBYING PROHIBITION.
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. Refer to Attachment E for additional terms and provisions relating
to lobbying.
(19) COPYRIGHT. PATENT AND TRADEMARK.
If applicable to this Agreement, refer to Attachment F for terms and conditions relating to
copyrights, patents and trademarks.
(20) 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.
9
(21) ASSURANCES.
The Recipient shall comply with any statement of assurances incorporated as
Attachment I.
(22) 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 the rate as established
pursuant to Section 55.03 (1) Fla. Star.. The interest penalty shall be paid within 15 days after issuing the
warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
Recipient:
LARRY A. DALE
Name (typed)
MAYOR
Title (typed)
Oq-2 -qq
Date
59-6000425
Federal Identification Number
For the Department:
Lena A. Pdce, Chief
Bureau of Community Assisance
SAMAS #
10
ATTACHMENT A-1
FEE FOR SERVICE SUMMARY AND DETAIL REPORTING INSTRUCTIONS (WAP-LIHEAP)
BWR MATERIAL AND LABOR TOTALS MUST EQUAL THE AMOUNTS SHOWN ON THE FSR
From Financial Status Report:
1. a) Material (Total from BWRS)
b) Labor (Total from BWRS)
2. Health & Safety - $300 maximum per unit
(Material & Labor for energy-related hazards only)
3. Total of Lines 1 a, I b & 2 (current month column)
4. Fee for Service (Line 3 X 30%) :
5. Total of Line 3 & Line 4 (current month column)
6. Administration (Line 5 X 7%)
7. Comprehensive Annual Audit
8. Training & Technical Assistance
9. Totals (Current Month & Total to Date Columns)
REPORTING INSTRUCTIONS
CURRENT MONTH
TOTAL TO DATE
1. a)
MATERIAL: Total materials installed on the units submitted for allowable weatherization measures.
LABOR: Total labor tied to the installation of materials on the units submitted. (This does not include pre and
post blower door labor, inspections, intake etc.)
HEALTH AND SAFETY (ENERGY-RELATED HAZARD MEASURES ONLY): This category must be reported
separately. This is for material and labor (other than weatherization material & labor) to abate energy-related
health and safety hazards. Maximum amount allowable is $300 per unit.
TOTAL OF LINES la, lb AND 2: This the amount used for calculating the Fee for Service.
FEE FOR SERVICE (LINE 3 X 30%): This amount will be based on the total of material and labor, energy
related health and safety measures spent for units completed monthly. Liability Insurance and costs that were
program support will be incorporated into the Fee for Service (FFS).
TOTAL OF LINE 3 AND LINE 4: This is the amount used for calculating the monthly administration amount.
ADMINISTRATION (LINE 5 X 7%): This can only be earned monthly, based on the total of material, labor,
health and safety and Fee for Service.
COMPREHENSIVE ANNUAL AUDIT: This is for the pro rata share of the agency audit charged to each
program. The Recipient must not bill in excess of 1/12th of the cost of the audit in any single month.
TRAINING AND TECHNICAL ASSISTANCE: Travel for training, workshops or conferences will not be
reimbursed without prior written approval from the Department.
TOTALS (CURRENT MONTH & TOTAL TO DATE COLUMNS): Add these columns and enter the totals on
this line.
ATTACHMENT A-2
SCOPE OF WORK
In carrying out this agreement, the Recipient will provide the necessary personnel, materials, services
and facilities, except as otherwise provided herein, to carry out the program. The Recipient will be
responsible for the following activities:
A. Soliciting, identifying and qualifying low-income residents within the Recipient's identified service area
with the need and desire for energy conservation assistance. The Recipient will make the services
provided for under this contract available to all eligible clients in the counties to be served.
The names of the counties to be served are listed below:
SEMINOLE
B. Evaluating the needs of each residence following the National Energy Audit (NEAT) and supplemental
department and federal Department of Energy guidelines; and completing work write-ups describing in
detail the needed improvements on each dwelling. Each unit must be evaluated with a walk-around
inspection package, visual observation and measurements, blower door tests and monoxer tests. This
information will be entered into the NEAT computer program which will generate a print-out of
recommended measures to be performed, This print-out sheet will separate the measures by Air
Infiltration Reduction Items, Savings to Investment Ratio (SIR), and Cost of materials and labor to perform
the measures. The Department also requires that the following measures be installed on every unit
receiving energy conversation measures; low flow showerhead, water heater blanket, water line insulation
and air filters for heating and cooling units.
C, Supervising, monitoring and ensuring the quality of all work by staff, volunteers and subcontractors.
D. Providing a final inspection and certification of all work by an employee of the Recipient not directly
responsible for the work to evaluate the quality and completeness of the job.
E, Providing the Department with documentation and reports as required by this Agreement as well as
other information related to this project as may be specified by the Department.
12
ATTACHMENT B-1
PROGRAM STATUTES AND REGULATIONS
Both the Recipient and the Department shall be governed by applicable laws and rules, including but
not limited to:
A. Pub. L. 94-385, Part A, Title IV ("Energy Conservation and Production Act of 1976"); the Omnibus
Budget Reconciliation Act of 1981, Title XY, VI of Pub. L. 97-35 (Low-Income Home Energy Assistance Act
of 1981); Title II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96-619); Title V,
Subtitle E, of the Energy Security Act of 1981 (Pub. L. 96- 294); and Chapter 163, Fta. Stat.
B. All federal statutes relating to nondiscrimination including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) which prohibits discrimination on the
basis of race, color or national origin;
2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits
discrimination on the basis of handicaps;
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits
discrimination on the basis of age;
5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (Pub, L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
7. Subsections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290
ee-3), as amended, relating to confidentialit,/of alcohol and drug abuse patient records;
8. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing of housing; and
9. The requirements of any other nondiscrimination statute(s) which may apply to the
Weatherization Assistance Program.
10. The Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. Sections 12101
through 12213).
C. Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order
11375, and as supplemented in Department of Labor Regulations (41 C.F.R. Part 60).
D. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42
U.S.C~ 1857 et seq.) and the federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
E. The Recipient will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4081 et
seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
F. The Recipient will assist in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties),
and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.)
G. In compliance with 10 C.F.R. Subpart E, Part 1036.510 (Appendix B), the Recipient certifies that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Agreement by any Federal Department or
agency.
H. The Recipient shall screen applicants for program eligibility under 1986 Immigration and Nationality
Act, as currently amended.
I. Recipients which procure $10,000 or more of insulation products annually are required to put into effect
an affirmative procuremerit program to insure the purchase of insulation products composed of the highest
percentage of recoverable materials practicable, taking into consideration competition, availability,
technical performance and cost in accordance with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976, and guidelines promulgated by the
Environmental Protection Agency.
J. All applicable federal rules, regulations and guidelines including 10 C.F.R 600, and all applicable OMB
Circulars, as revised, as they relate to the application, acceptance, and use of federal funds under this
Agreement.
K. Other applicable federal and State laws, rules, regulations and guidelines.
L. There shall be no religious worship, instruction, or proselytization as any part of, or in connection with,
the performance of this Agreement.
M. The Recipient certifies that neither its organization nor any member of the staff is debarred or
suspended or is otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549, "Debarment and Suspension." The contractor may not make any
subcontract to a debarred or suspended party. A current listing of such parties is maintained by the
Department for review.
N. Before beginning work on any dwelling, the Recipient shall have:
Documentation of client income eligibility in accordance with the most recent fedemily established
Poverty Income Guidelines. Client income verification must be conducted within 180 days pdor
to the date the work begins.
2. Documentation of authorization from the owner of the dwelling or his authorized agent.
3. Documentation of proof of ownership.
4. Agreement with the owner of rental property assuring compliance with 10 C,F,R. Part 440.22.
O. INTEREST INCOME: Except as provided for advance payments, the Recipient may temporarily invest
grant funds, but any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount. Any interest income earned by the temporary
investment of these grant funds that are not applied against the Department's obligation to pay shall be
returned to the Department at the time of submission of the final close-out report.
P. PROGRAM INCOME: Recipient may apply net program income, after costs incident to the generation
of gross program income are deducted, excluding interest income, to meet matching requirements, or may
reprogram it for eligible program activities in accordance with Rule Chapter 9B-24, Florida Administrative
Code. 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. Expenditure of program income balances at contract end must
14
be approved by the Department.
Q. A written appeal system must be adopted by the Board of Directors of the Recipient, posted in the
Recipient's agency, and provided in writing to those applying for services. In the event of a
complaint/appeal, the complaint/appeal shall first be heard by the:
DIRECTOR OF COMMUNITY DEVELOPMENT.
(Title of Position)
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be
heard by:
CITY MANAGER
(Title of Position)
Should the second level complaint/appeal be unable to resolve the difficulty. the final hearing will be held
by:
CITY COMMISSION
(Committee or Full Boarcl)
All complaints received by the Department will be referred to the Recipient.
15
ATTACHMENT B-2
MONITORING, EVALUATION & TECHNICAL ASSISTANCE
A. Training and technical assistance shall be provided by the Department, within limits of staff time and
budget, upon request by the Recipient and/or upon a determination by the Department of Recipient need.
B. The Recipient shall allow the Department to carry out monitoring, evaluation and technical assistance
and shall ensure the cooperation of its employees, and any subgrantees with whom the Recipient
contracts to carry out program activities.
ATTACHMENT C
RECORDKEEPING
No Additional Requirements
l?
ATTACHMENT D
REPORTS
A. Reports are due to the Department by the 10th of the month. The Recipient shall submit a Financial
Status Report (FSR) and a Building Work Report (BWR) package for each dwelling unit on which work
has been completed and inspected. The Building Work Report package shall consist of a signed, dated
copy of the BWR, a copy of the NEAT printout sheet and a completed client intake form. Failure to submit
all required monthly reports as outlined above shall constitute grounds for suspension or termination of
this agreement. Each quarter, a WAP/LIHEAP Household Quarterly Report must be submitted. Reports
must be submitted to:
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance, Weatherization Assistance Program
2555 Shumard Oak Blvd., The Sadowski Building
Tallahassee, Florida 32399-2100
B. Hand delivered reports must be date stamped in by Department staff. Each report form shall be
signed by the Recipient's designated agent.
18
ATTACHMENT E
FEDERAL LOBBYING PROHIBITIONS
The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge
and belief:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Recipient:
Si/a~ture( (l~ame and Title)
, MAYOR
19
ATTACHMENT F
COPYRIGHT, PATENT AND TRADEMARK
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 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 reserved to the
State of Florida.
C. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could
give 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 occur
during performance of the Agreement.
2O
ATTACHMENT G
ADVANCE REQUEST JUSTIFICATION
A. If any advance is requested on this Agreement, the Recipient must provide at least the following
information and justification.
1. Number of houses to be weatherized during the first three months .................
2. Average projected expense for each house .....................................................$
3. Total of line I X line 2 .......................................................................................$
4. Total of line 3 X 7% projected administrative expenses .................................$
5. Explain any other projected expenses for this period: ......................................$
6. Total of lines 3 + 4 + 5 ...................................................................................$
THESE ARE THE ESTIMATED EXPENSES FOR 3 MONTHS.
7. Total amount of grant x 25% .........................................................................$
THIS IS THE MAXIMUM ALLOWABLE ADVANCE.
THE ADVANCE AMOUNT REQUESTED MUST BE THE TOTAL FROM LINE 6 OR LINE 7,
WHICHEVER IS THE LESS AMOUNT
B. In the space below provide a concise explanation of the need for this advance.
2!
ATTACHMENT H
PROPERTY MANAGEMENT AND PROCUREMENT
A. The Recipient shall comply with procurement standards equivalent to the requirements of 10 C.F.R.
600.436(b) for local government subrecipients and 10 C.F.R. 600.119 for non-profit Recipients and
relevant state and local laws applicable to the procurement of supplies, equipment, construction, and
services.
B. The Recipient shall comply with property management standards for non-expendable property
equivalent to 10 C. F, R. 600,432 for local government Recipients and 10 C, F.R. 600,117 for non-profit
Recipients,
22
ATTACHMENT I
STATEMENT OF ASSURANCES
The Recipient hereby certifies the following assurances:
A. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action
authorizing the filing of the contract, including all understandings and assurances contained therein, and
directing and authorizing the Recipient's chief executive to act in connection with the agreement and to
provide such additional information as may be required.
B. The Recipient, in performing the requirements of this agreement shall comply with applicable laws,
rules, regulations, ordinances, and codes of the federal, state and local governments. The Recipient shall
ensure that subcontractors possess proper, current state and local licenses to perform the services.
C. Units of local government, Indian tribes and non-profit organizations shall secure and maintain such
insurance as may be necessary for protection from claims under Worker's Compensation Acts and from
claims for bodily injury, death, or property damage which may arise from the performance of services
under this Agreement.
D. Priority in selection of clients will be given to the elderly and the disabled.
E. The Recipient shall give priority to units served in order of preference as follows:
1. single family owner occupied units,
2. single family renter occupied units in buildings up to five units,
3. multi-family units (5 units or more per building), with 10% owner participation,
4. multi-family units (5 units or more per building), without owner participation in
cases where the landlord can document an inability to pay the required 10%.
F. To the maximum extent practicable, the use of services provided under this Agreement shall be
coordinated with other Federal, State, local, or privately funded programs in order to improve energy
efficiency and to conserve energy.
G. The Recipient will permit attendance by the department's representatives at any meetings of the
Recipients Board of Directors, executive committee or legislative body.
H. The Recipient will permit on-site program evaluation by the Florida Energy Office, the Department of
Energy, the Department's field representative and by technical assistance groups assigned by the
Department. The Recipient will also allow inspection, verification, and audit of financial transactions and
records by staff or agents of the department, the Comptrollers Office, legislative or federal auditors, and
Department of Energy personnel.
I. In order to ensure that no undue or excessive enhancement takes place on renter occupied units, the
Recipient shall require that the landlords of buildings with five or more units, or any combination of
buildings with an aggregate total of five units or more, that receive services under this contract will pay ten
percent (10%) of the total cost of the work performed. The landlord's participation may be waived or
reduced if they can document in writing that they cannot afford to participate, A written agreement
between the Recipient and the landlord detailing the landlord's commitment and legal responsibilities will
be executed after pre-inspection and work determination has been completed and prior to work beginning
on the unit.
23
J. The Recipient will not use funds provided under this contract to supplant other federal, state or local
funds.
K. All non-profit Recipients will maintain a fidelity bond indemnifying against losses resulting from the
fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a
position of trust. The amount of the bond must be no less than one-fourth of the total amount of this
Agreement.
L. All work ordered, completed and paid for from these grant funds must be directly related or incidental
to the Scope of Work (Attachment A-2) and Weatherization Priority Measures (Attachment B). incidental
repairs are those necessary to make the installation of energy conservation measures effective or to
protect such materials. The cost of incidental repairs, labor and materials, may not exceed 25% of the
total cost of labor and materials for the house.
M. As part of the initial evaluation of the house, the Recipient will perform an air pollution source survey
and a blower door test in accordance with department prescribed protocol. If there are gas appliances
present, a carbon monoxide test is required. After air tightening procedures are performed on the unit,
another blower door test and monoxer test will be performed to make sure the house is not tightened
beyond acceptable measures.
N. Elimination of energy-related health and safety hazards are permissible if such elimination is
necessary before, or as a result of, installation of weatherization materials. The maximum amount allowed
shall not exceed $300 per unit and this amount must be included in the total cost of the unit.
O. All weatherization work will be performed according to the Department of Energy 10 C.F.R. part 440
guidelines using the National Energy Audit (NEAT) or other audits required by the Department on all units
receiving weatherization services.
24
ATTACHMENT J
COUNTY ALLOCATIONS
The financial allocation specified for each county must be spent in that county.
COUNTY ALLOCATION
SEMINOLE 26,4~0.00
25
ATTACHMENT K
SPecial Conditions
No special conditions.
ATTACHMENT L
RECIPIENT INFORMATION FORM
Please complete all information applicable to your organization.
RECIPIENT CATEGORY:
( ) County Government (X) City Government
( ) Community Action Agency ( ) Other private, Non-Profit Agency
( )IndianTribe
( ) Other, Specify
B. GENERAL ADMINISTRATIVE INFORMATION:
1. Recipient's full legal name: CITY OF SANFORD
o
WARRANT WILL BE MAILED TO THIS ADDRESS UNLESS OTHERWISE
INDICATED:
P.O.
Recipient's mailing address:
City: gANFOWD
Telephone: (497 330-5665
3. Street Address (if different from above):
SAN:FORD, :FL 32771
4. Chief Official/Executive Director:
LARRY A. DAT,E
(Name)
5, Official to receive state warrant:
LARRY A. DALE
(Name)
6. Program Director/Coordinator:
CHARLES A. ROWE DIRECTOR
(Name)
BOX 1788
ZiPCode:39772-1788
FAX Number: (407 330 - 5677
~o N PAW~ AVR.
MAYOR
(Title)
MAYOR
(Title)
OF COMMUNITY DEVELOPMENT
(Title)
27
4
Contract Number: 00LE-62-06-69-02-028
Revised 7~9
LOW INCOME EMERGENCY HOME REPAIR PROGRAM 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 FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified herein, and does offer to
perform such services; and
B. WHEREAS, the Department has a need for such services and does hereby accept the offer of
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 Fee for Service
and Scope of Work, Attachments A-1 and A-2 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 by both parties or October 1, 1999, whichever
is later, and shall end on September 30, 2000, unless terminated earlier in accordance with the provisions
of paragraph (9) of this Agreement. This offer terminates if it has not been executed and returned to the
Department by the Recipient within 35 calendar days after receipt of the Agreement by the Recipient. The
Department has no obligation to enter into this Agreement after that time.
(4) MODIFICATION OF CONTRACT: REPAYMENTS.
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.
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 Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee, FI. :32399-2100
5) RECORD KEEPING.
(a) If applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of 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) 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
$5,000 or more at the time of acquisition shall be retained for three years after final disposition.
after closing of title.
3. Records relating to real property acquisition shall be retained for three years
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Fee for Service and Scope
of Work, Attachments A-1 and A-2 and all other applicable laws 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 or monitors
retained by the Department.
(e) Any additional terms and conditions pertaining to recordkeeping are set forth in
Attachment C and all terms and conditions pertaining to property management and procurement under
this Agreement are set forth in Attachment H.
(6) REPORTS.
(a) At a minimum, the Recipient shall provide the Department with a monthly financial
report and with a close-out report.
(b) Monthly reports are due to be received by the Department by the tenth (10th) day of
each month and shall continue to be submitted each month until submission of the administrative close-
out report.
(c) The close-out report is due within 45 days after the termination date of this
Agreement or upon completion of the activities contained in this Agreement.
(d) If all required reports and copies prescribed above are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days after
written notice by the Department. "Acceptable to the Department" means that the work product was
completed in accordance with generally accepted principles, and is consistent with the Fee for Service
and Scope of Work, Attachments A-1 and A-2.
(e) Upon reasonable notice, the Recipient shall provide such additional program updates
or information as may be roquirod by the Department.
(f) The Recipient shall provide additional reports and information as ~denti~ed in
Attachment D.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Fee for Service and Scope of Work is being accomplished within
specified time periods, and other performance goals are being achieved. Such review shall be made for
each function or activity set for in Attachments A-land A-2 to this Agreement.
(8) LIABILITY.
(a) Except as otherwise provided in subparagraph (b) below. the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall save
the Department harmless against all claims of whatever nature by third parties ansing 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 for its negligent acts or omissions or tortious acts which result in
claims or suits against the Department, and agrees to be liable for any damages proximately caused by
said acts or omissions, Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing 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.
(9) DEFAULT; REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this Agreement as a result of action by
the Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the
following events occur ("Events of Default"), all obligations on the part of the Department to make any
further payment of funds hereunder shall, if the Department so elects, terminate and the Department may,
at its option, exercise any of its remedies set forth herein, but the Department may make any payments or
pans of payments after the happening of any Events of Default without thereby waiving the right to
exercise such remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous Agreement with the Department and has not cured such in timely fashion, or is
unable or unwilling to meet its obligations therounder;
2. if any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any reports
filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within
thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the
services required under the Fee for Service and Scope of Work attached hereto as Attachments. A-1 and
A-2.
(b) Upon the happening of an Event of Default, then the Department may, at its option,
upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or
more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the
following remedies shall not preclude the Department from pursuing any other remedies contained herein
or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address set forth in paragraph (10) herein;
this Agreement;
2. Commence an appropriate legal or equitable action to enforce performance of
3. Withhold or suspend payment of all or any part of a request for payment:
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurnng costs for any activities in question or requiring the Recipient to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
law;
5. Exercise any other rights or remedies which may be otherwise available under
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla. Star., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance with
laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the 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 as determined.
(10) 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.
(b) The name and address of the Department contract manager for this Agreement is:
Weatherization Program Manager
Department of Community Affairs
Division of Housing and Community Development
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
850/488-7541
(c) The name and address of the Representative of the Recipient responsible for the
administration of this
Agreement is:
CHARLES A. ROWE DIRECTOR
(name)
P.O. BOX 1788, 30ON. PARK
(address)
SANFORD, FL 32772-1788
(city, smm, zip)
OF COMMUNITY
(title)
AVENUE
DEVELOPMENT
(407)330-5665
(telephone)
(d) In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be
rendered as provided in (10)(a) above.
(11) OTHER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are incorporated
by reference. The lack of accuracy thereof or any 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) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on stdct performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole,
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier. subcontractor, or consultant under a contract with a
public entity, and may not transact business with any public entity in excess of Category Two for a period
of 36 months from the date of being placed on the convicted vendor list.
(12) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) The Recipient shall provide the Department with an annual financial audit report which
meets the requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550 and 10.600, Rules
of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501-
7507, OMB Circulars A-128 or A-133 for the purposes of auditing and monitoring the funds awarded under
this Agreement. The funding for this Agreement was received by the Department as a grant and aid
appropriation.
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number.
3. The complete financial audit report, including all items specified in (12)(d) 1
and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Ftodda 32399-2100
(e) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, was not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(f) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the three-year period. the records shall be retained until the litigation or audit findings have
been resolved.
(g) The Recipient 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.
(h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by
the date the audit report is issued by the state Auditor General, whichever is later.
(I) An audit performed by the State Auditor General shall be deemed to satisfy the above
audit requirements.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of this Agreement. The Recipient agrees to include in the subcontract that (i) the subcontractor
is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractors performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
This Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or Inconsistency.
(c) This Agreement contains the following attachments:
Attachment A-1
Attachment Ao2
Attachment B-1
Attachment B-2
Attachment B-3
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
Attachment J
Attachment K
Attachment L
Fee for Service Summary and Detail
Scope of Work
Program Statutes and Regulations
Allowable Program Activities
Monitonng, Evaluation, Technical Assistance
Record Keeping
Reports
Federal Lobbying Prohibitions
Col~ynght, Patent and Trademark
Advance Request Justification
Property Management and Procurement
Statement of Assurances
County Allocations
Special Conditions
Recipient Information Form
(16) FUNDING/CONSIDERATION
(a) This is a performance based cost-reimbursement Agreement. The Recipient shall be
reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to
exceed $ 32,269.00 , subject to the availability of funds. Performance of work must be in
accordance with the provisions of Attachment A-2, Scope of Work. The Recipient will be reimbursed for
10% of the total cost of Materials, Labor and eligible match contributions as a Fee for Service based on
monthly completion of units. Based on the Fee for Service amount and the total cost of Materials and
Labor, the Recipient may charge 10% for Administration as explained in the provisions of Attachment A-l,
Fee for Service Summary and Detail. The match contribution amount may not be included in the 10%
Administration charge. Administration may not exceed 10% of the total amount of the Agreement. Eligible
match contributions are governed by Chapter 420.36 Fla. Stat., and Rule Chapter 9B-57, F.A.C. If the
Recipient has failed to meet the performance requirements of the Fee for Service and Scope of Work,
Attachments A-1 and A-2, of the Agreement, the Department may, upon written notice to the Recipient,
decrease the funding under this Agreement. The decrease will be effective upon receipt of notice by the
Recipient.
(b) Any advance payment under this Agreement is subject to s. 216.181(15), Fla. Stat.
The amount which may be advanced may not exceed the expected cash needs of the Recipient within the
first three (3) months, based upon the funds being equally disbursed throughout the contract term. For a
federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110,
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 G. Attachment G will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds. The advance payment funds
are to be used for start-up costs for production only.
1. X No advance payment is requested.
2. An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a monthly reimbursement
basis as needed. The Recipient agrees to expend funds in accordance with the Fee for Service and
Scope of Work, Attachments, A-1 and A-2 of this Agreement.
(d) Any grant funds not expended for the agreed service and in accordance with the
program budget shall be considered Department funds and shall be returned by the Recipient to the
Department within forty-five (45) days following the Agreement termination date or the date set by the
Department.
(e) Provision of funding under this contract shall not be construed as a guarantee of
future or subsequent funding under this program. The performance by the Department under this
Agreement, and any amendments to this Agreement, shall be subject to and contingent upon the
availability of moneys lawfully appropriated to the Department and applicable for the purpose of this
Agreement.
(f) The Department or the Recipient may request modifications to this Agreement.
Acceptable changes shall be incorporated in writing as modifications to this Agreement. All requests for
modifications submitted to the Department for approval must include a narrative description of the
proposed changes and their effect upon the approved scope of services. Modifications require thirty (30)
days to process from the time of receipt by the Department and are only effective upon the date of written
execution by both parties or on the date set by the Department,
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) 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.
(b) If otherwise allowed under this Agreement, extension of an Agreement for contractual
services shall be in writing for a period not to exceed six (6) months and shall be subject to the same
terms and conditions set forth in the initial Agreement. There shall be only one extension of this
Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the
Agreement is due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Fla. Stat.
(e) 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 the Agreement.
(f) 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
Departmenrs obligation to pay the contract amount.
(g) 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
("INA")]. 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.
(18) STATE LOBBYING PROHIBITION.
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. Refer to Attachment E for additional terms and provisions relating to
lobbying.
(19) COPYRIGHT, PATENT AND TRADEMARK.
If applicable to this Agreement, refer to Attachment F for terms and conditions relating to
copyrights, patents and trademarks.
(20) 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.
(21) ASSURANCES.
The Recipient shall comply with any statement of assurances incorporated as Attachment I.
(22) 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 the 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
undermgned officials as duly authorized.
Recipient
LARRY A. DALE
MAYOR
Name (typed)
Title (typed)
Oq- 2g-qq
Date
59-6000425
Federal Identification Number
For epartment:
na A. Price, Chief
Bureau of Community Assistance
SAMAS #
ATTACHMENT A-1
FEE FOR SERVICE SUMMARY AND DETAIL REPORTING INSTRUCTIONS (LEHRP)
BWR MATERIAL AND LABOR TOTALS MUST EQUAL THE AMOUNTS SHOWN ON THE FSR
From Financial Status Report:
1. a) Material (Total from BWRS)
b) Labor (Total from BWRS)
2. Match Contribution current month (Total from BWRS)
3. Total of Lines I a, I b & 2
4. Fee for Service (Line 3 X 10%)
5. Total of Line la, lb & 4
6. Administration (Line 5 X 10%)
7. Compreiqenslve Annual Audit
8. Totals (Current Month & Total to Date Columns)
CURRENT MONTH
TOTALTO DATE
1o a)
REPORTING INSTRUCTIONS
MATERIAL: Materials installed on the unit submitted for allowable program activities.
LABOR: Labor tied to the installation of materials on the unit submitted. (This does not include pre and post
blower door labor, insl3ections, intake etc.)
MATCH CONTRIBUTION: Eligible contributions of materials and labor installed on the unit. May be used in
calculating the Fee for Service amount. May not be used to calculate the administrative 10% amount. Can only
be claimed as it is used. Material or labor match must be shown on the BWR.
TOTAL OF LINES la, lb & 2: This is the amount used for calculating the fee for service.
FEE FOR SERVICE (LINE 3 X 10%): This amount will be based on the total of Material and Labor spent for
units completed monthly. Liability Insurance, On-Site Supervisor, Local Mileage and Other costs will be
incorporated into the Fee for Service (FFS).
TOTAL OF LINE la, lb & 4: This is the amount used for calculating the monthly administration amount.
ADMINISTRATION (LINE 5 X 10%): This can only be earned monthly, based on the total of Material, Labor
and Fee for Service.
COMPREHENSIVE ANNUAL AUDIT: This is for the pro rata share of the agency audit charged to each
program. The Recipient must not bill in excess of 1112th of the cost of the audit in any single month.
TOTALS (CURRENT MONTH & TOTAL TO DATE COLUMNS: Add these columns and enter the totals on
this line.
ATTACHMENT A-2
SCOPE OF WORK
In carrying out this Agreement, the Recipient will provide the necessary personnel, materials, services
and facilities, except as otherwise provided herein, to carry out the program. The Recipient will be
responsible for the following activities:
A. Soliciting, identifying and qualifying low-income residents within the Recipient's identified service area
with the need and desire for energy conservation assistance. The Recipient will make the services
provided for under this contract available to all eligible clients in the counties to be served.
The names of the counties to be served are listed below:
SEMINOLE
B. Supervising, monitoring and ensuring the quality of all work by staff, volunteers and subcontractors.
Providing a final inspection and certification of all work by an employee of the Recipient not directly
responsible for the work to evaluate the quality and completeness of the job.
C. Providing the Department with documentation and reports as required by this contract as well as other
information related to this project as may be specified by the Department.
D. The Recipient shall provide services to qualifying low-income persons for the purposes stated here/n.
The following dwelling units are eligible:
(1) A dwelling unit that is occupied by an individual or family that is low-income as defined in Rule
9B-57.001, F.A.C.
(2) Recipient may make repairs to buildings containing rental units occupied by persons eligible
for assistance under Rule 9B-57.011 F.A.C., where;
(a) Recipient has obtained the written permission of the owner or his/her agent;
(b) Not less than 66 percent (50 percent for duplexes and four-unit buildings) of the
dwelling units in the building:
1. Are eligible dwelling units, or
2. Will become eligible dwelling units within 180 days of completed repairs.
(c) The Recipient agrees to establish procedures to ensure that:
1. Rents shall be not be raised because of the increased value of dwelling units
due solely to the work provided under this program for a period of one year from the date of completion of
all repair work;
units;
2. No undue or excessive enhancement will occur to the value of the dwelling
3. All landlords participating in the program are encouraged to provide a match
contribution of labor and/or material equal to at least 25 percent (25%) of the total value of the labor and
material to be completed on the building including these grant funds and any other match funds; and
4. No more than five units owned by a specific landlord may participate in the
program during any program year, unless the landlord contributes at least 25 percent (25%) match as
defined in c. above. The landlord's contribution may be waived or reduced if the landlord can document
that he/she cannot afford to provide match.
5. The Recipient must disclose in the grant contract, prior to beginning work, its
intent to provide assistance to any unoccupied units or units planned for resale within one year after the
work is completed. The Department may request additional information on the units to assure that the
work done on the units will benefit eligible low-income people. If satisfactory proof cannot be provided, the
Department will not qualify these units as eligible for the program. If such units are provided service
without Department approval, all program funds expended on the unit will be disallowed and the grantee
will be required to return the funds to the Department.
E. The following types of units are not eligible for the program:
(1) Publicly owned rental units.
(2) Units planned for demolition within one year after work is completed.
(3) Units under litigation or subject to impending legal action.
F. The following activities may be paid for with grant funds or the value of such activities may be accepted
as match for the grant:
(1) Identifying low-income residents, completing work write-ups, and negotiating contracts for
work to be done on the dwelling;
(2) Leveraging grant funds and community partnership development;
(3) Supervising and monitoring contractors and volunteers;
(4) Providing the Department with documentation and reports;
(5) Coordinating projects with housing assistance agencies and service providers;
(6) Attending Department sponsored or approved workshops, meetings or training sessions;
(7) Purchasing instructional or educational materials to train volunteers or staff for this program;
(8) Purchasing building material, tools, equipment, material and labor.
G. Recipient's administrative expenses may not exceed ten percent (10%) of the total grant funds.
H. The Recipient agrees to comply with program parameters which have been established to assist low-
income persons, particularly the elderly and persons with disabilities, to make emergency repairs to their
housing units that will preserve and protect the health and safety of their living environment. Recipient
agrees to limit persons eligible for assistance under this program to those persons who are at or below
125 percent (125%) of the poverty level as specified annually in the federal Office of Management and
Budget Poverty Guidelines; or that dwelling units to be assisted under LEHRP is occupied by a permanent
resident who has received cash assistance payments under Title IV or XVI of the Social Security Act or
applicable state or local law at any time during the 12-month period preceding the determination of
eligibility for assistance under the LEHRP. The Recipient agrees to establish procedures to ensure that
eligible persons over 60 years of age and eligible persons who are physically disabled shall be given
pnority in the program.
I. The cost of labor and material for repairs provided under this Agreement shall be at least $300 per
house over the life of the Agreement, and shall average $1,000 per house.
J. Work conducted under this program must comply with the Department installation standards and all
applicable laws, rules, regulations, ordinances, and codes of the state and local governments.
ATTACHMENT B-1
PROGRAM STATUTES AND REGULATIONS
Both the Recipient and the Department shall be governed by applicable laws and rules, including but
not limited to:
A. Rule Chapter 9B-57, F.A.C., and s.420.36. Fla. Stat.
B. The Recipient may temporarily invest LEHRP grant funds, but any interest income shall be returned to
the Department at the time of submission of the final close-out report.
C. The Recipient may apply program income, excluding interest income, to eligible program activities in
accordance with Rule Chapter 9B-24. F.A.C.
D. Before beginning work on any dwelling, the Recipient shall have:
(1) Documentation of client income eligibility in accordance with the most recent federally
established Poverty Income Guidelines. Client income verification must be conducted within 180 days
prior to the date the work begins.
(2) Documentation of authorization from the owner of the dwelling or his authorized agent.
(3) Documentation of proof of ownership.
(4) Agreement with the owner of rental property assuring compliance with Rule 9B-57.
E. The Recipient must provide a match equal to 20 percent (20%) of the funds granted under this
Agreement. Match more than this amount may not be claimed. Match can only be claimed when it is
used, not when it is received by the Recipient. Match may be either cash or non-cash donations as
defined in Rule 9B-57.001 F.A.C.
F. Loans and federal grant funds made to the Recipient, a Recipient, or the homeowner are not
acceptable match.
G. Personnel services counted as match or paid out of these grant funds must be directly related to
allowable program activities.
H. This Agreement must be signed by the Recipient, and the specified number of complete, acceptable
and executed copies returned to the Department on or before 45 calendar days after initial receipt of the
contract by the Recipient. Failure to comply within said 45 days shall be grounds for the Department to
withdraw this offer.
I. A written appeals system must be adopted by the board of directors of the Recipient, posted in the
Recipient's agency, and provided in writing to those applying for services.
In the event of acom laint/a eal, the corn laint/a eal shall first be heard by the
DIRECTOR OF ~OMM~TY DEVElOPMenT
(Title of Position)
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be
heard b:
CIT~ MANAGER
(Title of Position)
Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing will be held
by: CITY COMMISSION
(Committee or Full Board)
All complaints received by the Department will be referred to the Recipient,
ATTACHMENT B-2
ALLOWABLE PROGRAM ACTIVITIES
A. The Recipient agrees to charge only the following repairs, including material and labor, under the
program:
(1) Correcting rotting or other deficiencies in support beams, load bearing walls. and floor joists
including termite inspections and treatment.
(2) Repair or replacement of unsafe or nonfunctional heating, air conditioning or water heating
systems.
(3) Building or enhancing access for physically disabled persons, including physically disabled
accessibility repairs, improvements or assistive devices, including wheelchair ramps, steps, porches
handrails or other health and safety measures.
(4) Plumbing, pump, well, and line repairs to ensure safe drinking water and sanitary sewage.
(5) Electrical repairs.
(6) Repairs to deteriorating interior or exterior walls, floors and roofs.
(7) Other interior and exterior repairs that are necessary for the health and safety of the resident.
B. A safety check must be conducted on all related support systems included ducts, electric, venting and
piping. All related support systems must meet local codes prior to or in conjunction with the installation of
new equipment.
(1) Heating, cooling and water heating equipment must be installed by a licensed contractor certified
to perform the work required.
(2) Replaced units must be properly disposed of by the Recipient agency. Equipment being replaced
must be removed from the dwelling and disposed of in compliance with federal, state and local regulations
and in a way that will render the equipment unusal~le. Operahie units may not be reused but may be
taken apart and individual part(s) recycled. The cost of disposal is an eligible expense under this
Agreement.
(3i Heating, cooling and water heating equipment must be replaced using the standards set by the
Department.
ATTACHMENT B-3
MONITORING. EVALUATION AND TECHNICAL ASSISTANCE
A. Training and technical assistance shall be provided by the Department within limits of staff time and
budget, upon written request by the Recipient and upon a determination by the Department of Recipient
nee~t.
B. The Recipient shall allow the Department to carry out monitoring, evaluation and technical assistance
and shall ensure the cooperation of its employees and subgrantees during such activities.
ATTACHMENT C
RECORD KEEPING
No Additional Requirements
ATTACHMENT D
REPORTS
A. Reports are due to the Department by the 10th calendar day of the month. The Recipient shall submit
a Financial Status Report (FSR) and a Building Work Report (BWR) package for each dwelling unit on
which work has been completed and inspected. The Building Work Report package shall consist of a
signed. dated copy of the BWR and a completed client intake form. Failure to submit all required monthly
reports as outlined above shall constitute grounds for suspension or termination of this agreement.
Reports and notices must be submitted to:
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance, Weatherization Assistance Program
2555 Shumard Oak Blvd,, The Sadowski Building
Tallahassee, Florida 32399-2100
B. Hand delivered reports must be date stamped in by Department staff. Each report form shall be
signed by the Recipient's designated agent.
ATTACHMENT E
FEDERAL LOBBYING PROHIBITIONS
The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and
belief:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient. to
any person for influencing or attempting to influence an officer or employee of any agency, a Meml~er 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.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress. or an employee of a Member of Congress in connection with this Federal
contract. grant. loan or cooDerative Agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certi~ and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Recipient:
, MAYOR
19
ATTACHMENT F
COPYRIGHT. PATENT AND TRADEMARK
A. If 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 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 reserved to the
State of Florida.
C. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could
give rise to a patent or copyright, The Recipient shall retain all rights and entitlement to any pre-existing
intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists.
The Department shall then, under paragraph B, have the right to all patents and copyrights which occur
during performance of the Agreement.
2O
ATTACHMENT G
ADVANCE REQUEST JUSTIFICATION
A. If any advance is requested on this Agreement, the Recipient must provide at least the following
information and justification.
1. Number of houses to be completed during the first 3 months .........................
2. Average projected expense for each house ..................................................$
3. Total of line I X line 2 .....................................................................................$
4. Total of line 3 X 10% Projected Administrative Expenses ..............................$
5. Explain any other projected expenses for this period: ....................................$
6. Totals of lines 3 + 4 + 5 ...................................................................................$
THESE ARE THE ESTIMATED EXPENSES FOR 3 MONTHS
7. Total amount of grant x 25% ..........................................................................$
THIS IS THE MAXIMUM ALLOWABLE ADVANCE
THE ADVANCE AMOUNT REQUESTED MUST BE THE TOTAL FROM LINE 6 OR LINE 7,
WHICHEVER IS THE LESS AMOUNT.
B. In the space below provide a concise explanation of the need for this advance.
2!
ATTACHMENT H
PROPERTYMANAGEMENT AND PROCUREMENT
A. The Recipient shall comply with procurement standards equivalent to the requirements of 10 C.F.R.
600.436(b) for local government subgrantees and 10 C.F.R. 600.119 for non-profit subgrantees and
relevant state and local laws applicable to the procurement of supplies. equipment, construction, and
services.
B. The Recipient shall comply with property management standards for non-expendable property
equivalent to 10 C.F.R. 600.432 for local government subgrantees and 10 C.F.R. 600.117 for non-profit
Recipients,
ATTACHMENT I
STATEMENT OF ASSURANCES
The Recipient hereby certifies the following assurances:
A. Its govermng body has duly adopted or passed as an official act, a resolution, motion or similar action
authorizing the execution of this contract, including all understandings and assurances contained therein.
and directing and authorizing the Recipient's chief executive to act in connection with the contract and to
provide such additional information as may be required.
B. The Recipient, in performing the requirements of this contract shall comply with applicable taws, rules,
regulations, ordinances, and codes of the federal, state and local governments. The Recipient shall
ensure that subcontractors possess proper, current state and local licenses to perform the services.
C. Units of local government, Indian tribes and non-profit organizations shall secure and maintain such
insurance as may be necessary for protection from claims under Worker's Compensation Acts and from
claims for bodily injury, death, or property damage which may arise from the performance of services
under this contract.
D. Priority in selection of clients will be given to the elderly and the disabled.
E. To the maximum extent practicable, the use of services provided under this contract shall be
coordinated with other federal, state, local, or privately funded programs.
F. The Recipient will permit attendance by the Department's representatives at any meetings of the
subgrantees Board of Directors, executive committee or legislative .body.
H. The Recipient will permit on-site program evaluation by the Department's field representative and by
technical assistance groups assigned by the Department. The Recipient will also allow inspection,
verification. and audit of financial transactions and records by staff or agents of the Department, the
Comptroller's Office, and legislative auditors.
I. In order to ensure that no undue or excessive enhancement takes place on renter occupied units, the
Recipient shall require that the landlords of buildings with five or more umts. or any combination of
buildings with an aggregate total of five units or more, that receive services under this contract will pay
ten percent (10%) of the total cost of the work performed. The landlord's participation may be waived or
reduced if they can document in writing that they cannot afford to participate. A wntten Agreement
between the Recipient and the landlord detailing the landlord's commitment and legal responsibilities will
be executed after pre-inspection and work determination has been completed and pnor to work beginning
on the unit.
J. All non-profit subgrantees will maintain a fidelity bond indemnifying against losses resulting from the
fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a
position of trust. The amount of the bond must be no less than one-fourth of the total amount of this grant.
ATTACHMENT J
COUNTY ALLOCATIONS
The financial allocation specified for each county must be spent in that county.
COUNTY ALLOCATION
Seminole County $32,269.00
24
ATTACHMENT K
SPECIAL CONDITIONS
No Special Conditions.
ATTACHMENT L
RECIPIENT INFORMATION FORM
Please complete all information applicable to your organization.
A. RECIPIENT CATEGORY: ( ) County Government
( ) Community Action Agency
( ) Indian Tribe
( ) Other, Specify
(,) City Government
) Other private, Non-Profit Agency
B. GENERAL ADMINISTRATIVE INFORMATION:
1. Recipient's full legal name: CTTY OF SANFORD
IN DICATED:
WARRANT WILL BE MAILED TO THIS ADDRESS UNLESS OTHERWISE
Recipient's mailing address: :P.O. BOX 1788
City: SANFOR]:) Zip Code: 32772-1788
Telephone: (40)7 330-5665 FAX Number: ( 4,~7 330-5677
3. Street Address (if different from above): 300 N. PARE AVE.
SAI~FORD, FT, 32771
4, Chief Official/Executive Director:
LARRY A. DALE MAYOR
(Name) (Title)
5. Official to receive state warrant:
LARRY A. DALE MAYOR
(Name) (Title)
6. Program Director/Coordinator:
CHARLES A. ROWE DIRECTOR OF COMMUNITY DEVELOPMENT
(Name) (Title)