Loading...
865-Weather Assist. Grant O0 ~-~-66g~ 3-~ aass8qslla_L pJ8AalnoE] ~0 PJ8LunqS 6u~unoooV pu~ aau~u~j ~s ~us~edsQ 9q] o~ Xl]os~p Pgl~s~ pus ,,'sJ~a~V ~]un~o9 jo ~ug~sds~,, Jo JapJo ~q~ o~ slqs~ed 9p~ sq o~ sja ]ug~aGJBV s~q] J~pun ~uG~d~ Gq~ o~ sps~ 9q o~ s~ua~Bd~j Jo spunjs~ sq~ Jo qo~9 ~q psu6~s ~lnp '6u~p~ o] paonpg~ usq~ Aluo p~I~A sq Ilaqs uodn p99j6~ ~[lsn~n~ 9Ja sG6u~qO ']UG~GJ6V s~q~ Jo SUO~SBAOJd Gq] Jo uo~Bog~po~ ~sgnbg~ Xe~ ~sd Jsq~ SINS~Vd~ :IDVaINOO JO NOIIVDIJIgO~ (~) pub ps~nogxa ugsq ~ou sBq ]B JB ss~u~Js~ Js~o s~ql *~UG~a~J6V S~q~ JO (6) qdBj6s~Bd Jo SUOBS~AOJd " '000~ '~ Jaqo~o0 Jo sa~ed q]oq ~q uo~naaxs uodn u]6aq II~qs ~ua~a9J6V s~ql 'lNa~a5~OV JO aol~aa (g) '~-8 lus~qoa~v u~ ps~ugpl ssoq~ o~ pa]~ll ~ou ]nq Bu~pnlaul 'suo~]~ln~gJ pu~ salnJ 's~8l IeJsPaJ pue a]B]S alqBa~ldd~ ~q pauJaAo6 9q II~qs ~ua~edaQ aq] pub ]ug~d~09~ aq] q]o8 ,,s '8alOIlOd QNV 9NOII~Rga~ 'Sa~R~ '8~V3 JO NOIIV~Od~OONI (~) '~us~aaJ6V s~q] jo 'g-V pub ~-V s~ua~qOB~V '~jo~ jo 9doa8 pue s0~98 JoJ agj aql q~]~ sauep~ooa~ uB suoll~6~lqo aq~ ~JO~Gd Xtlnj 118qs ]ua~dps~ aql '~0~ JO adOOS (~) :s~ollOJ s8 aaj6~ ~llBn]n~ op ]ua~d~oa~ sq] pu~ ~ua~edaa 9q~ 'a~oja~aH1 'MON '~ua~9aJ6V s~q] Jgpun spu~ sq] asjnqs~ o] ~el eppolJ o] ]uensjnd ~oq~ns saq ~u~edaQ aq] '9VaaaHM '0 pu~ 'q~oJ ]as Ja~Bu~Gjaq suo~]~puoa pub s~jG~ Gq] uodn ~uald~aa~ 9q] Jo ~o aq~ ]daao~ ~qajaq ssop pub sso~as qans Joj pasu ~ seq ~ua~edga aq~ '9VaaBNM '8 ~ pu~ 'ssa~as qans ~o~sd "' ~ o~ ~o saop pu~ 'u~ajgq pag~]uapB saal~as aq] speared o] 9au9~J9dxa pu~ suo~]Bag~lBnb 'a6p9l~ou~ ~: 'sll~s a~s~nbaJ aq] sassassod 'pag~lenb XllnJ s~ ~ ]eq] s]uasaJda~ ~ua~d~oaB aq~ 'S~H~ 'V :SIDVJ 9NIMOqqOJ ~H1 NO OBSV8 01NI O~alN~ SI 1N~V SIH1 '(.,~ua~d~oa~. aq] se o~ pajjajaj Ja~eu~ajaq) ' eppolj 'pJoJueS jo ~O"pue '(,,]uam~edaO,, aq~ se o] paJJaJaJ Ja~eu~a~aq) eppolJ 'aasseqelleL u~ sJa~enbpeaq q~ 'sJ]e~V A~un~o9 jo ~uampedaO 'ep~JolJ Jo a]e]S aq~ uaa~aq pue ~q o]u~ pa~a]ua s~ 1N~B~agV SIHI 1N~gV IN~9 ~90~d ~3NVISISSV NOIIVZI~H~V~ O0'9~'gPasEAa~ ~O'L9 :Jaq~nNVGJ9 OgO-~O-6~90-6~XM-;O :JaqmnN ]oe4uoD ').uaweaJBV s!ql u! peu!eluoo Sa!I!A!IOe 8ql JO uO)laldtUo3 uodn Jo 1u8~88jBv s~ql jo Uo~leu~j8~ J8~e sAep g~ anp s~ ~odeJ lno-esop 8q~ · ~od8J 1no -8sop 8A~leJlS~U~pe aM1 jO uo~ss~qns I~lun qluo~ qoee pell~qns eq ol 8nu~luo9 lleqs pue qluo~ jo ~ep (.,0 ~) qluel eql Aq lue~edeq eql Aq psA~808J aq m enp ~Je g~odsj ~iqluo~ (q) '~odaj lno-asolo e pue '~odej lepuBug XINluom '~joJ ~e~ng Xiqluo~ '~odej ~JOM Bu~pl~nq '~JoJ 8~lu~ lU8~10 e ql~M luem~edea 8ql ep~AoJd Ileqs lue~dp8~ 8ql '~n~u~ e 1V (e) g~Od~ (9) JBpun lu~aJnooJd pue lus~eue~ ~dojd ol ~u~u~e~ad suo~t~puoo pue smJal lie pue 0 u) q~oj lBs BjB 8u)d~8~pJoosj m ~u)u)e~ad suo)l)puo9 pue s~J~l leuo)lBppe XuV (a) 'luB~edBO ~ql Xq pBU~eJBJ SJOJ)UO~ Jo sJo1)pne '01 p81)m)l Bq IOU lnq 'apnpu) lieqs ,,slua~V,, 'Xep)JJ q6nojql Xepuo~ uo t~ol "~'d O0:g m '~'e 00:9 Jo gnoq ss~u)snq ie~Jou ~upnp uea~ lieUs Xi)Jeu)pJo lnq saouejs~nojp aql ol ~u~pjooge panJlsuoo 8q lieUs ,,alqeuoseBH. 'slua6e pue 'saBXoldmB sl) ']uB~d~a ol sB~)I ~lqeuoseaJ le gpjoo~j sl) o1 ssBooe Molle lleqs 'lua~BsJ~V s)ql J~pun p~p)Aojd spunj ~o~ p)ed m s~uelinsuoo Jo sJmoeJluooqns lie 6u)pnigu) 'slu~e Jo saaXold~a gl( 'iu~)d)oBH aqI (p) 'suo~leln6BJ pue sMeI alq~)ldde J~qlo lie pue ~-V pue ~-V s)ua~qoe~V ' ~joMjo adoog pue eo)MBg Joj ~Bj aql Jo sBA)loa[qo pue slu~aJ)nb~J Bql ql)M ~oue)ld~og BU~JBIBp 01 ]uap~ns aq Ileqs 'slsog ~ej~ojd lie jo uo)lelua~noop ~u)~oddns 8u)pnlou) 'spJooBJ llV (o) '811)1Jo 8u~so)o sJe~X ~BJql Jo~ psu)elBJ ~q lieqg uo)l~s)nboB ~BdoJd leaJ o1 ~u)lelsJ spJogsH 'g · uo)l~gods)p leuU Js~e g~8~ 8BJql Jo~ pBu)~lBJ 8q Ileqs uo)l)s)nbge ~o B~)I aql 1~ Bjo~ Jo O00'g$ 1e psnleA ~BdoJd I~uogad BlqepuBdxa-uou ~o uO)l!sods)p Bql Jo~ spjoosH '~ 'pBAIOgBJ USBq 8Aeq gpJOOSJ Bql ~U~AIOAU) g6U)pUg l~pne Jo s~)elo 'uo~1~8)1~1 lie I)lun pau)elu~B~ Bq II)M SpJOOBJ Bql 'pOp~d Je~X BBJql Bql pUOXBq SpUBlX~ pU~ pOp~d JeBX BBJql 8q1 ~0 Uo)leJ)dx8 8q1 aJo~Bq pB~e)g s) iipne Jo m)Bio 'uo)1~1)1 XUB ~1 ' ~ :suo~ldBoxB ~U)MOlIO~ Bql UI~M 'jBiel S~ JBA~qO)qM '~od~J ln~Bsolo leug Bq~o uo)ss)~qns ~o Jo IuB~Bj~V s)~ Jo uo~leu)~jm ~o Blip Bqi ~UEMOlIO) ~e~X BBJU1 JoJ 1UB)d)OBH 8ql Xq psu)el~J Bq lieUs IUB~BBJSV s)ql o1 luau)~Bd spJooBj I~u)~po IIV (q) '~' ~E6 pue ~' ~g suo~elnBBH uo)l)s~nboV leJ8pBd ol loB[qns ~q Ileqg lus)d)oBH ~ql 's!seq luBm~sJnq~)BJ-lsoo e uo uo)lez)ue~jo (1gojd-Jo~) ie)oJB~o9 e U1)M 8P~ 1UBmBBJ~V S)ql ~1 .'suo~lez)ueSJO lgoJduoN Jo~ s~ld~oupd lsoO. '~ ~-V 'oN J~lnoJ~O B~O Jo .'suo)lnl)lsul iBuoIleonp) Jo) sBld)ou)jd lsoO., '~-V 'oN JelngJ)O 8~0 .'SlU~UjSAOO leOOl pUe 81elg JO~ s~ld)OUpd 1SO0,, 'Zg-V 'ON J~lnoj!O ~0 J~ql)B pue ,,'suo)lez)ue8j0 1gojduoN JBqlO pue 'siel)dsoN 'uo~lBonp3 q6)H ~o suo~lnl)lguI U1)M SlUB~BBJ~V pUe SlUeJ9,, '0 ~ ~'V 'ON JelngJ)O e~O Jo (~0~ JBlg)SBH Eg) ,,SlUB~UJBAOO I~OOl pUe Blelg JO~ SlUB~BJ)nbBH ~A)I~JlS)U)~PV ~JOj~U~ :BIrtH uo~oO. leJBpB~ ~ql 01 lgB[qns Bq lieUs IUB~BJ~V s)ql JBpun ~ouB~JopBd sjuB)dpBH '81qeo)ldde sV (~) · ~Jp Jo ~o~qo 8ql Jo luno~e ~oe~ Bq) ~o (%g) lUBOJBd BA)J JO (O0'g ~$) SjellOa UBB~)J ~0 BB~ ag~8~ e ~eJp JO ~OBqO 8q1 ~0 luno~ BqJ o1 ppe lsn~ luB~edBO aql 'uo)loBlloo Jo) lus~ed~O Bql ol pauJnlBJ s~ ~eJp JBqlo Jo toBqo ~ ~) '~ ~ '(~)~E'g~ ~ ql)M BouepJo~e ul (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 net 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) LIABILI'Pf. (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 pertorrnance 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. 8tat., agrees to be fully responsible for its negligent acts or omissions tortious acts which result in ciaims or suits against the Department, and agrees to be liable for any damages proximatsiy 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 Flodda 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 Congress, the State 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 3 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. (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 sedous measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from i:. 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; tack 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 headn9 ~ights and time frames. .. (el 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. (9) 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 taw, 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 managerfor this Agreement is: Mr. Norm Gempel Department of Community Affairs Division of Housing and Community Development 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 488-7541 Fax: (850) 488-2488 Eraall: norm.clemDel(~,,dca.etate.fi.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: C~a=ies Rowe P.O. Box 1788 Sanford, FL 32772-1788 Te~ephonez (407)330-5665 Faxz (407)330-5677 Emaik wellred~worldnet.att.net (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (1 0)(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 Flodda, 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 9rantad 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 dght 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. ,, HCD Fax:850-922-183i Rug 25 '00 15:57 P. 03/07 WEatherization (e) The Recipient agrees to comp!y with the Americans With Disabilities Act (Public Law 101-336. 42 U.S.C. Section 12101 e, tseq.), if applicable, which prohibits discrimination by public and pdvate entities on the basis of disability in the areas of employment. public accommodations, transportation. State and local government services. and in telecommunications. (f} A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work. may not submit bids on leases of real property to a public entity. may not be awarded or perform work as a contractor. supplier, subcontractor, or consultant under a contract with a public entity. and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the COnvicted vendor or Initial discriminatory vendor list, (g) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime Or on the discriminatory vendor list may not submit a bid on e 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. (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this agreement from the federal government. the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred. suspended, prolx;sed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction: violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery. falsification or destruction of records, making false statements, or receiving stolen proPerty; 3, are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11 (9)2- of this certification; and 4. have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this agreement. (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 availante at all reasonable times for inspection. review. or audit by state personnel and other personne~ duly authorized by the Depariment. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:O0 a.m. to 5:00 p.m. local time, Monday through Fncjsy. (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) In the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is.not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from Recipient funds obtained from other than Federal entities). 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 Agreements and other revenue by sponsoring agency and Agreement number. 3. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: (a) Department of Community Affairs Office of Audit Services 2555 Shumerd Oak Boulevard Tallahassee, Flodda 32399-2100 and State of Florida Auditor General Attn: Ted J Sauerbeck Room 574, Claude Pepper Building .. 111 West Madison Street Tallahassee, Florida 32302-1450 (b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1 ) and (2), QMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10"' Street Jeffersonville, IN 47132 '7 (c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 4. In the event that a copy of the audit report for an audit required by subparagraph (d) above and conducted in accordance with OMB Circular A-133, as revised, is no. jt required to be submitted to the Department for the reasons pursuant to Section .320(e)(2), OMB Circular A-133, as revised, the Recipient shall submit the required written notification pursuant to Section .320(e)(2) and a copy of the Recipient's audited schedule of expenditures of Federal awards directly to each of the following. Pursuant to Section .320(f), OMB Circular A~133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at the following program address: 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 atl 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. Slat. The IPA shall state that the audit complied with the app cab e .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 the subcontract. 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. The 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. 8 (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Attachment A-1 Fee for Service Summary and Detail Attachment A-2 Scope of Work Attachment B-1 Program Statutes and Regulations Attachment B-2 Monitoring, Evaluation & Technical Assistance Attachment C Record Keeping Attachment D Reports Attachment E Copyright, Patent, and Trademark Attachment F Advance Request Justificaf~ion Attachment G Property Management and Procurement Attachment H Statement of Assurances Attachment I County Allocations Attachment J Special Conditions Attachment K 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 $;]8,388.00 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 Scope of Work, Attachments A-1 and A-2, of the Agreement, the Department may unilaterally, 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), Florida "' Statutes. 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 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 9 0T ')uatu)JedaO Aq ]uauuaaJ6V s!q~ jo uo!~,ellasues leJa)el!un Joj spunoj6 aq Iteqs VNI aq~ jo (a)V~Z~ uo!]saS u! pauEe]uos suo~s~Aojd )ua~Xold~a aq~ Jo )ua~d~oa~ aq) ~q uo~lelo~4 qsn~ 'VNI aql Jo (a)V~Z~ uo[)aaS Jo uo~elo~4 e sua[le paz~Joq)neun jO Jo~oea)uoo ~ue Xq )ua~old~a aq~ Jap~suoa Ileqs ~ua~edaO aql '[(.VNI,,) ~oV ~]euo~eN pUB uo~ejO]~I ~q~ jo (a)V~Z~ uo~]oaB] (a)e~ ~ uo~]oaS 'O'S'R 9 u~ pau~e]uoo Suo]s~AoJd ~uaw~oldwa a4~ Jo uo~elo~A e ~u~n]]~suoo 'sJaM~o~ ua~le paz~oq~neun sXoldwa ~16u~ou~ o4~ JoloeJ~uo3 ~ue o~ s~oeJ]uoo papunj-Xp]lqnd pJe~e ~lleuo~]ue~u~ ]ou I1~ ep~Jold jo e~e~S eq~ (6) ']unowe ~oej]uoo eq~ Xed o~ uo~le6~lqo s,]uaw~edea eql ~su~e~e pe~ldde aq Jo ]uaw~edea aq~ oi peujn~ej aq ~aq~e liens s~q~ Jepun spunj Jo seoueApe Xue IS~AU~ ~l~jejodwe] o~ pa~olle '~ueweaJ6V s]q] q]~ uo~]aun~uoa u~ ~u~d~oe~ aq~ ~q peA~aaJ Jo epew pue "~e~S 'eli '6 ~ ~ Ja~deqO jo Suo~s~Aojd eq~ o] ]oe[qns legclew Jaq]o ~o s JeWel's Jaded 's~u~wnoop lie o~ sseooe a~lqnd ~olle o~ 1ua~d{oe~ eq~ Xq lesnJaJ ~oj ~ueweaJ6V s~ql laoueo ~lleJ~el~un o~ ~6~J ~q~ se~asaj sJ~e~V ~unwwoO jo '~e]S 'elJ ' ~90'~ ~ ~ 's ~1~ eauepjoaae u~ pe~wqns aq Ileqs sesuedxe IeAEJ~ ~ue JoJ SIl~q lie '~ueweaJ6V s~q~ Japun pesoliB es[~aq]o Jl (P) 'Joajaq~ ]~pne~sod pue ~pneeJd Jadojd e u~ pe~qns eq Ileqs sesuedxa Jo sconces Joj uo~]esuadwoo Jeq~o Jo seej Joj sll{q IIV (~) · ]ue~d~oe~ aq~ Jo ioJ~uoo eq] puo~aq s~ueAe ol enp s~ lueweaj~v eql jo uo~]eld~oo Joj ]ua~eaJ6V aq~ u~ q~oj ]as e~je~j3 eq] ~ee~ o~ eJnl~eJ eql sselun ~ueweeJ~V s~q] jo uo~sue~xe auo ~iuo aq Ileqs eJeq~ ']ueweaJ~V ewes aq~ o] ~o~[qns eq Ileqs pue sqluow (9) x]s peaaxe o] ~ou polJed e JoJ len~oeJ~uoo JoJ ]uewaaJ6V ue ~o uo~sue]xe ']uawaeJ6V s[~ Jepun pesolie as~aq]o Jl (q) · uo~in~suoO eppolJ aouepJoooe u[ uo~pow AuE o~ ~oe[qns pue 'eJn~els]~e3 eq~ Xq uolle~jdojdde lenuue ue uodn ]ue6u~uoo s~ iuawaeJBV s~ql Jepun Xed o~ uo~eBllqo pue eauewjo~ed s,eppold Jo a]e]S eq~ (e) :euo~]~pu~ pjepue~s 6u~olloj eql ~q punoq eq 'SNOI~IaNOO a~VQNV~S (Z~) · ~uaw~edea aq] Xq ~es a]ep aq] uo ~o sal~ed q]oq ~q uoEinoexe ue~j~ jo e~ep eqi uodn eA~]oe~e ~luo eje pue ]ue~edea eq] Xq ld~oej Jo aw~] eq~ wojj sseoojd ol s~ep (05) ~ql eJ~nb~j 8uo~]eog~po~ 'sea~Mes jo adoas peAojdde eq] uodn ]oe~e J~eq~ pue saBueqo pasodoJd eq] Jo uo~]d~josep eA~ejjeu e apnlou~ ~snw teAoJdde JoJ ]uew~edea Jo~ s~senbej IIV ']uawaej6V s~q] o] suo~]eoglpow se 6u~l]j~ u~ pe]eJodjoau~ eq Ileqs s~6ueqo ~lqe]deaoV '~ueweej6V s~q] ol suo~]eoy~pow ~senbej Xew ~ue~d~oe~ · ~uewae~6V s~q~ ~o esodjnd eql Joj elqea~ldde pub sXeuow jo ~l~qel~eAe aq~ uodn ~ue6u~uoo pue o~ ~oe[qns eq Ileqs ']uewaej6V s~q] o~ s]uewpuewe ~ue pue '~uaweaJ~v s~q~ Jepun ]uaw~edea eq] Xq eoue~Jo~ed eq~ '~ej6oJd s~q] Jepun 6u~punj ~uenbesqns Jo ejn]nJ Jo ee]ueJen6 e se penj]suoo eq ~ou Ileqs ]oej~uo9 s~q] ~epun 6u~punj jo uo~s~AoJd (e) ']uew~edeQ eq~ ~q ]es alep e~l ao e~ep uo~eu~wJa~ ]ueweaJ6V eq~ 6u~oltoj s~ep (~) eAg-~oj u~ql~ iuew~edea (18) LOBBYING PROHIBITION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, coritinuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "DisclOsure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material 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. (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. Star., 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 WarFEint_ 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 Hoffine at 1-800-848-3792. IN WITNESS WHEREOF, the parties hemto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY.'~~ BY Na Lena A. Price, Chief ~aD:y .~ o Dale, F~7o~: Bureau of Community Assistance Title Date: (3q - t 4 - i)E) Date: FID # 59-6000425 SAMAS # N/A ATTACHMENT A-1 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: CURRENT MONTH TOTAL TO DATE 1. a) Material (Total from BWRs) b) Labor (Total from BWRs) 2. Health and Safety- $300 maximum per unit (Material & Labor for energy-related hazards only) 3. Total of Lines la, lb, & 2 4. Fee for Service (Line 3 X 30%) 5. Total of Lines I a, 1 b, 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) REPORTING INSTRUCTIONS 1.a) MATERIAL: Total materials installed on the units submitted for allowable weathedzation measures. b) 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.) 2. HEALTH AND SAFETY (ENERGY-RELATED HAZARD MEASURES ONLY): This category must be reported separately. This is for material and labor (other than weatherization material & labor) to abate energy-related health and safety hazards. Maximum amount allowable is $300 per unit. _. 3. TOTAL LINES la, lb, and 2: This is the amount used for calculating the Fee for Service. 4. 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). 5. TOTAL OF LINE la, 'lb, 2 AND LINE 4: This is the amount used for calculating the monthly administration amount. 6. 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. 7. 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. 8. TRAINING AND TECHNICAL ASSISTANCE: Equipment, travel for training, workshops or conferences will not be reimbursed without prior written approval from the Depa~ment. 9. TOTALS (CURRENT MONTH & TOTAL TO DATE COLUMNS): Add these columns and enter the totals on this line. 13 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. 14 ATTACHMENT B-1 PROGRAM STATUTES AND REGULATIONS Both the Recipient and the Department shall be governed by applicable laws and rules, including but not limited to: A. Pub. L. 94-385, Part A, Title IV ("Energy Conservation and Production Act of 1976"); the Omnibus Budget Reconciliation Act of 1981, Title XXVI of Pub. L. 97-35 (Low-Income Home Energy Assistance Act of 1981); Title II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96-619); Title V, Subtitle E, of the Energy Security Act of. 1981 (Pub. L, 96- 294); and Chapter 163, Fla. Star. B. All federal statutes relating to nondiscrimination including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) which prohibits discrimination on the basis of race, color or national origin; 2. Title IX of the Education Amendments of 1972. as amended (20 U.S.C. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3. 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 Of-rice 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 19t2 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to con~dentiafity 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, rer~tal or financing of housing; and 9. The requirements of any other nondiscrimination statute(s) which may apply to the Weathedzation 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. 15 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 histodc 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 eligible, 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 preducts annually are required to put into effect an affirmative procurament 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, "Debarmerit 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: 1. Documentation of client income eligibility in accordance with the most recent federaliy 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 be approved by the Department. Q. A wdtten appeal system must be adopted by the Board of Directors of the Recipient, posted in the Recipient's agency, and provided in wdting 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 ManaQer (Title of Position). Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing will be held by: ('-i ~.y C'nmm~ ~S~ ,~n (Committee or Full Board). All complaints received by the Department will be referred to the Recipient 17 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 A. Information on each client should include, but not be limited to: Client Intake Form, Client Selection (Priority) Criteria, Copy of the Compliant/Appeal Procedures Form, Picture ID, Social Security Cards for all members of the household, Documentation of Income, Documentation of Ownership or Landlord Agreement (when applicable), Building Work Report (BWR), Neat Audit, Household Data Form, invoices and payment vouchers. B. Supplemental Data Collection - All sub-cJrantees will record on the Client Intake Form and the Monthly Summary Report, the current utility bill amount of the client prior to receiving weathedzation services. Approximately sixty (60) days after all weatherization work is completed, inspected and signed off by the inspector and client, the post utility bill amount will be obtained. This post utility amount will be recorded in the space provided, on a copy of the original Monthly Summary Form in which the unit was submitted to the Department for reimbursement. The sub-grantee will also be required to obtain a utility bill amount of each client approximately one year from the date of receiving weatherization services. This annual follow- up will be recorded in the space provided, on a copy of the original Monthly Summary Form in which the unit was submitted to the Department for reimbursement. C. Supplemental Data Collection - Agencies will record on the Client Intake Form and the Monthly Summary Report, the census tract number for the address of the unit receiving weatherization services. The census tract number may be obtained by accessing the U.S. Census Bureau Census Tract Street Locator on the Internet at http:fltier2.census.aovlctsllctsLhtm and following the directions. 19 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, Monthly Summary 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. B. Approximately sixty (60) days after all weatherization work is completed, inspected and signed off by the inspector and the client, the post utility bill amount will be obtained. This post utility amount will be recorded in the space previded, on a copy of the original Monthly Summary Form in which the unit was submitted to the Department for reimbursement The sub-grantee will also be required to obtain a utility bill amount for each client served approximately one year from the date of receipt of weatherization services. This annual follow-up will be recorded in the space provided, on a copy of the Mon!hly Summary Form on which the unit was originally submitted to the Department for reimbursement C. Failure to submit all required reports as outlined in A. and B. 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 D. Hand delivered reports must be date stamped in by Department staff. Each report form shall be signed by the Recipient's designated agent. 20 ATTACHMENT E COPYRIGHT, PATENT AND TRADEMARK A. If the Recipient bdngs 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 adses or is developed in the course of or as a result of work or seNices 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 entitlemerits to any pro-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. ATTACHMENT F 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 1 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. " 22 ATTACHMENT G 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. 23 ATTACHMENT H 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. 24 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 ofthe 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, P. By December 31, 2000, the Recipient shall secure Internet computer services and notify the Department of the e-mail addresses of employees involved in this Agreement. 25 ATTACHMENT I COUNTY ALLOCATIONS The financial allocation specified for each county must be spent in that county. COUNTY ALLOCATION SEMINOLE $38,388.00 26 ATTACHMENT J Special Conditions No special conditions. 2'7 ATTACHMENT K RECIPIENT INFORMATION FORM Please complete all information applicable to your organization. A, RECIPIENT CATEGORY: ( ) County Government (x) City Government ( ) Community Action Agency ( ) Other private, Non-Profit Agency ( ) Indian Tribe ( ) Other, Specify B. GENERAL ADMINISTRATIVE INFORMATION: 1. Recipient's full legal name: City of Sanford 2. THE WARRANT WILL BE MAILED TO THIS ADDRESS UNLESS OTHERWISE INDICATED: Recipient's mailing address: P.O. Box 1788 City: Sanford Zip Code: 32772-1788 Telephone: (407 330-5665 FAX Number: (~L1 E-mail address wellred~wortdnet.att.net 3. Street Address (if d]fferent from above): 300 N. Park Ave., Sanford, FL 32771 4. Chief Official/Executive Director: Larry A. Dale Mayor (Name) (Title) E-mail address 5. Official to receive state warrant: Larry A. Dale Mayor (Name) (Title) E-mail address 6. Program Director/Coordinator: - Charles Rowe Director of Community Development (Name) (Title) E-mail address wellred~worldnett.att.net 28