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(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
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(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. "
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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.
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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.
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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.
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ATTACHMENT I
COUNTY ALLOCATIONS
The financial allocation specified for each county must be spent in that county.
COUNTY ALLOCATION
SEMINOLE $38,388.00
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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
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