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670-Weather Assist. Program Gra Contract Number: 98WX-7W-06-69-02-030 CFDA Number: 81.042 Revised 7/97 WEATHERIZATION ASSISTANCE PROGRAM GRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and City of Sanford (hereinafter referred to as the "Recipient"). THIS AGREEMENT iS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the Department has a need for such services and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shaft fuily perform the obligations in accordance with the Fee for Service and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties or October 1, 1997, whichever is later, and shall end on September 30, 1998, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT; REPAYMENTS. Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. A[l refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee, FI. 32399-2100 ~qL '(6) qdeJ68Jed u] q~oj 1as se uo~ae Jaqlo qgns a~e1 Xe~ Jo paleld~o3 oJe X~ql H1un Jaq~n~ ploqql~M XeW luaw~edaO awl '~uaw~ed~O eql o1 alqeldagoe Jeuuew e u~ p~;aldwoa ~o luaw~eda0 aql ol lugs lou aJe *aAoqe paqpogaJd 'ga~do3 pue g~od~J paj[nb~J ile ~1 (P) 'luawaaj6V s]qt u~ pau]eluoo Ba~A~IOB ~qI ~o uo~lsidwoo uodn ~uaw~eJ~V s~ql jo ~lep uo~leu~w~e~ 8q1Ja~e sXep g~ U~ql~M 8np s~ ~odaj lno-~gop aql (o) '~odaJ 1no -agora aA~lejls~u~wpe ~ql ~o uo~ss[wqns Hlun q~uow qaea pet~]wqns aq o] anu~luoa jl~qs pue ~o Xep (qlO~) qlu~ eql Aq luaw~edaO aql ~q paA~ao~j ~q ol ~np eJe s~od~J Xlq~uo~ (q) · ~odaj lno-~sop e WI~M pue WOdaJ jepueu~ ~lqluow e ql~M luew~edeO ~q~ ap~AoJd Ileqs 1ua~d]oa~ aql 'wnw~u~w e 1V (e) 'SIWOdaW (g) 'H lu~wqo~l~V u~ q~o~ ;as aje lugwa~J6V Jgpun 1u~ejnoojd pue lua~e6eue~ X~adojd o1 ~u]u~ad suo~l~puoa pue s~Jgl lie pUB O u~ q~O~ 1as aje ~u~daa~pjoagj 01 6u~u~e~ad suo~l~puo3 pus s~Jel leuo~i~ppe XuV (g) 'lua~edea aq] Xq pgu]e;aj sJol~uo~ Jo sjo~]pn~ 'o1 Pal[~[I aq lou lnq '~pnjgu~ ileqs ,,slua~V,, 'Xeppj ~nojql Xepuo~ uo ~eaoI "~'d 00:~ ol '~'~ 00:8 ~o sjnoq ssau]snq le~jou ~upnp uea~ jj~qs X~jeu~pJo lnq aql ol ~ujpJoooe penjlguog aq I[~qs ,,elqeuosea~,, 'slu~6e pue 'saaXold~a sl~ 'lua~edaa o; sa~l glqeuogeaj ~e gpJoDaj gl~ ol gSggge MoJJe Ileqs 'lua~ggJ~V s[ql Japun pgp~AOJd spunJ o~ slu~]lnguoa Jo gjoloeJ1uooqng lie ~U~PnIDU] 'slug6e Jo sgaXo[d~a gl] '~ug~dpa~ aq~ (p) 'suo]leln~aJ pue sMeI glqeo~ldde Jaqlo ~te pue V lug~qae~V '~oM edo3S pue ga~8S Jo~ 885 8ql ~o SaA~ia~FqO pUe S1u~waJ~nbaJ 8ql 4I~M ~oueHdwoo ~u~wj818p 01 aq ileqs 'glsog ~eJ~oJd lie ~o uo~lelus~naop ~u~oddns ~u~pnJgu~ 'gpJogeJ IIV sjeaX a~Jql Jo~ pau~elaj ~q [jeqs uo~j]s~nbo~ ~doJd leaJ ol 8u~leJaJ gpjooa~ 'g · uo~l~gods~p jeug Ja~e sJe~X eaJql Jo~ pau~e]~j ~q jleqs uo]l[g~nbae ~o ~1 ~q~ ~B ajo~ Jo O00'g~ IB PanleA ~admd leuogad alqepuadxa-uou ~o uo!l]sods~p aql Jo~ gpjo3~ '~ 'p~AlogaJ Ua~q aAeq SpJo3~J aql ~U~AIOAU~ gSU~pU]~ ~]pne Jo s~elo 'uo]le~]lH tl~ Ulun pau~e~u]e~ aq IUM SpJogaJ ~ql 'popad JBaX aBJql aql puoXaq spu~]xa pue popad JeaX aaJql aql ~o uo~lej~dxa aqt 8jo~aq pa~e;s s] 1]pne Jo ~]elo 'uo]leS~;]l Xue ~1 '~ :suo~ldaaxa 6U]MOJ[O~ mql q~]M 'Jalel g] J~A~qa]q~ '~Od~J lno-~sop jeug ~q] )o uo~ssj~qns ~o Jo lua~eJ~V s~ql jo uo[leu~J~l ~o alep aql 6u]Mollo~ Jo~ ~u~d~aa~ aql Xq p~u~elaJ ~q Ileqs 1ua~a~J~V s~ql ol 1u~u~ad spjoosj leu~6po llV (q) '~'~6 pue ~'~ suo[lelnSaW uo~t~s~nboV leJapa~ ol loa[qns aq Ileqs lue]dpaW ~ql 's~seq 1us~asJnq~j-lsog e uo uo~lez~ue6jo (lgojd-jo~) Je~gJem~og e lu~a~6V s]~l ~1 ',,suo~lez~ueSJO 1]JoJduoN Jo~ gajd~gupd ~goO. '~ ~-V 'oN Je/noJ~g ~O Jo ',,suo~lnl~lsuI leuo~]eonp] Jo~ sald~3u~Jd 1soD,, '~-V 'oN JeJnaJ~g 8~0 ',,S1U~UJ~AOQ jego~ pue ~jelS JoJ 1soD,, 'Ze-V 'oN JelngJ~g e~O Jaqi~a pue ',,suo~lez]ueSJO lgojduoN JaqiO pue 'slel~dsoH J~q6~H jo suo[lnl~lsuI ql]M slua~aaJ~V pub slueje,. '0~ ~-V 'oN JelngJ~g e~O Jo (~08 Jals~W leJap~ ~g) .SlUa~UJ~AOQ leooQ pue alelg Jo~ glua~aJ~nbaW aA~leJls~u~pV ~jo~uR :aJnW uo~og,, leJapa~ aW~ o1 jga[qns aq Ileqs Iua~aaJ6V s~ql Japun ~gue~Jopad s,lua~d~g~W 'ajqeaHdde ~J (e) eNidgB~ OWOOaa written notice by the Department. "Acceptable to the Department" means that the work produc! was completed in accordance with generally accepted principles and is consistent with the Fee for SeNice and Scope of Work. (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 Attachment A to this Agreement. (8) LIABILITY. (a) Except as otherwise provided in subparagraph (b) below, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.. agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT: REMEDIES: TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by the Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any, previous Agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department; 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4 If. at the six (6) month performance review. 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 Attachment A and has not expended at least forty (40) per-cent of the available funds in Article (16) Funding/Consideration; (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 consecutivety, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained heroin 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 atI or any part of a request for payment; 4. Exercise any corrective or remedial actions, to inctude but not be limited to, requesting additional information from the Recipient to determine the reasons for-or the extent of non* compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Star., as amended, (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Star,, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Recipient shall return funds to the Department if found in non-compliance with iaws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT, (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class. certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Earl Billings, Planning Manager Department of Community Affairs Division of Housing and Community Development 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 850/488-7541 (c) The name and address of the Representative of the Recipient responsible forthe administration of this Agreement is: Charles A. Rowe Director of Community Development (name) (title) P.O. Box 1788, 300 No Park Avenue (address) Sanford, Florida 32772-1788 (407) 330-5665 (city, state, zip) (telephone) (d) In the event that different representatives am designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10) (a) above. (11) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient, in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the retease of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceabte, then such provision shall be deemed null and void to the extent of such conflict. and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to ~nsist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole, (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and Iocal government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category TWo for a period of 36 months from the date of being placed on the convicted vendor list. (12) AUDIT REQUIREMENTS, (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department With the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) The Recipient shall provide the Department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Fla. Star., and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501- 7507, QMB Circulars A-128 or A-!33 for the purposes of auditing and monitoring the funds awarded under this Agreement. The funding for this Agreement is received by the Department as a grant and aid appropriation. 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. The complete financial audit report, including all items specified in (12)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (f) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigatio~ 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. Star.. The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. (I) An audit performed by the State Auditor General shall be deemed to satisfy the above audit requirements. (13) SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be fonvarded to the Department within thirty (30) days after execution of this Agreement. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. This Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or confiict between the language ofthis 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 Federal Lobbying Prohibitions Attachment F Copyright, Patent and Trademark Attachment G Advance Request Justification Attachment H Property Management and Procurement Attachment I Statement of Assurances Attachment J County Allocations Attachment K Special Conditions Attachment L 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 $ 56,735.00 ,subject to the availability of funds and based on a three (3) month and a six (6) month performance review conducted by the Department. Satisfactory performance of work must be in accordance with the provisions of Attachment A-2, Scope of Work. 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Stat_ The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850)488-2924 or by calling the State Comptreller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their undersigned officials as duly authorized. ~NT;/'~ ~ FOR THE DEPARTMENTMo/~rga~~ ~nature Ros . Bureau of Community Assistance Larry Dale Name (typed) Title (typed) Date 59-6000425 Federal Identification Number SAMAS f ]0 ATTACHMENT A-1 - · FEE FOR SERVICE SUMIV~Y AND DETAIL REPORTING INSTRU~NS (WEATHERIZATION) iNCOMPLETE OR INCORRECT FSR WILL BE RETURNED FOR CORRECTION BEFORE REIMBURSEMENT IS PROCESSED Financial Status Report reporting instructions: CURRENT MONTH TOTAL TO DATE 1. a) Material ' ~ '~ "! b) Labor 2. Health and Safety (Energy related weatherization measures only) 3. Match Contribution for current month 4. Total of Lines la, lb, 2 & 3 5. Fee for Service (Line 4 X 30%) 6. Totel of Lines lb, 2 5/current month co .mn) 7. Administration (Line 6 X 10%) ,,.~ 8. Comprehensive Annual Audit 9. Training & Technical Assistance a - 10. Totals (Current Month & Total to Date Columns) 1 .a} MATERIAL: Materials installed on the unit for allowable weatherization measures. b) LABOR: Labor tied to the installation of materials on the unit only. (This does not include pre and post blower door labor, inspections, intake etc.) 2. HEALTH AND SAFETY (ENERGY-RELATED WEATHERIZATION MEASURES ONLY): This category must be reported separately in the weatherization program only. This is for measures (other than weathedzation materials) to abate energy-related health and safety hazards. 3. MATCH CONTRIBUTION: Eligible contributions of materials and labor installed on the unit. May be used in i calculating the Fee for Service amount. May not be used to calculate the administrative 10% amount. 4. TOTAL LINES la, lb, 2 and 3: This is the amount used for calculating the Fee for Service. 5. FEE FOR SERVICE (LINE 4 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 monthlg. Liability insurance and costs that were program support will be incorporated into the Fee for Service (FFS). 6. TOTAL OF LINE la, lb, 2 AND LINE 5: This is the amount used for calculating the monthly administration amount. 7. ADMINISTRATION ( LINE 6 X 10%): This can only be earned monthly, based on the total of material, labor, health and safety and Fee for Service. 8. 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. 9. TRAINING AND TECHNICAL ASSISTANCE: This is for the Department of Community Affajrs sponsored or approved workshops only. Travel wiII not be reimbursed for any other purpose without prior written approval from the Department. 10. TOTALS (CURRENT MONTH & TOTAL TO DATE COLUMNS): Add these columns and enter the totals on this line. ]] ATTACHMENT A-2 SCOPE OF WORK In carrying out this Agreement, the Recipient will provide the necessary personnel, materials. services and facilities, except as otherwise provided herein, to carry out the program. The Recipient will be responsible for the following activities: A. Soliciting, identifying and qualifying low-income residents within the Recipient's identified service area with the need and desire for energy conservation assistance. The Recipient will make the services provided for under this contract available to all eligible clients in the counties to be served. Counties to be served are listed below: ~Seminole County $56,735 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. At the three (3) month performance review, the Recipient must have expended at least twenty (20) per-cent of the available funds in Article (16) FUNDING/CONSIDERATION. If the Recipient does not expend the required amount, the Department may, at its discretion, decrease the available funds in Article (16). At the six (6) month performance review, the Recipient must have expended at least forty (40) per-cent of the available funds in Article (16). If the Recipient does not expend the required amount, the Department may, at its discretion, terminate the Agreement as provided in Article (9) DEFAULT, REMEDIES. TERMINATION. D. Supervising, monitoring and ensuring the quality of all work by staff, volunteers and subcontractors. E. 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. F. 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. ,,.,...,. 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, FIn, 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 nationaI 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.p.C. 794), which prohibits discrimination on the basis of handicaps; 4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits discrimination on the basis of age; 5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6. The Comprehensive Alcohol Abuse add Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7. Subsections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8. Title VIII of the Civil Rights Act of 1968 (42 U.S.C, 3601 et seq.), as amended, relating to non- discrimination in the sale, rental or financing of housing; and 9. The requirements of any other nondiscrimination statute(s) which may apply to the Weatherization Assistance Program. 10. The Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. Sections 12101 through 12213). C, Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 C.F.R. Pan 60). D, All applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42 U.S.C. 1857 et seq.) and the federal Water Pollution Control Act as amended (33 U.S.C, 1251 et seq.). E. The Recipient will comply with the Lead-Based Paint Poisoning Prevention Act (42 U,S.C. 4081 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. F. The Recipient will assist in assuring compliance with Section 106 of the National Historic Preservation 13 Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.) G. In compliance with 10 C.F.R. Subpart E, Part 1036.510 (Appendix B), the Recipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal Department or agency. H. The Recipient shall screen applicants for program eligibility under 1986 Immigration and Nationality Act, as currently amended. I. Recipients which procure $10,000 or more of insulation products annually are required to put into effect an affirmative procurement program to insure the purchase of insutation products composed of the highest percentage of recoverable materials practicable, taking into consideration competition, availability, technical performance and cost in accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, and guidelines promulgated by the Environmental Protection Agency. J. All applicable federal rules, regulations and guidelines including 10 C.F.R. 600, and all applicable OMB Circulars, as revised, as they relate to the application, acceptance, and use of federal funds under this Agreement. K. Other applicable federal and State laws, rules, regulations and guidelines. L There shall be no religious worship, instruction, or proselytization as any part of, or in connection with, the performance of this Agreement. M. The Recipient certifies that neither its organization nor any member of the staff is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." The contractor may not make any subcontract to a debarred or suspended party. A current listing of such parties is maintained by the Department for review. N. Before beginning work on any dwelling, the Recipient shall have: 1. Documentation of client income eligibility in accordance with the most recent federally established Poverty Income Guidelines. Client income verification must be conducted within 180 days prior to the date the work begins. 2. Documentation of authorization from the owner of the dwelling or his authorized agent. 3. Documentation of proof of ownership. 4. Agreement with the owner of rental property assuring compliance with10 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 written appeal system must be adopted by the Board of Directors of the Recipient, posted in the Recipient's agency, and provided in writing to those applying for services. In the event of a complaintJappeal, the complaint/appeal shall first be heard by the: Community Development Director. (Title of Position) ~;..~%~e fir~i~,~%~.~ ba .nab,e to reso,ve tha diffic.,ty, ,he second oomp,ain~appeal wi,l be (Title of Position) Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing will be held by City Commission (Committee or Full Board) All complaints received by the Department will be referred to the Recipient. 15 ATTACHMENT B-2 MONITORING, EVALUATION & TECHNICAL ASSISTANCE A~ Training and technical assistance shall be provided by the Department, within limits of staff time and budget, upon request by the Recipient and/or upon a determination by the Department of Recipient need. B. The Recipient shall allow tt~e Department to carry out monitoring, evaluation and technical assistance and shall ensure the cooperation of its employees, and any subgrantees with whom the Recipient contracts to carry out program activities. ATTACHMENT C RECORD KEEPING No Additional Requirements A'Ft'ACHMENT D REPORTS A. Reports are due to the Department by the 10th of the month. The Recipient shall submit a Financial Status Report (FSR) and a Building Work Report (BWR) package for each dwelling unit on which work has been completed. The Building Work Report package shall consist of a signed, dated copy of the BWR, a copy of the NEAT printout sheet and a completed client intake form. Failure to submit all required monthly reports as outlined above shall constitute grounds for suspension or termination of this agreement. Reports must be submitted to: Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance, Weatherization Assistance Program 2555 Shumard Oak BIvd., The Sadowski Building Tallahassee, Florida 32399-2100 B. Hand delivered reports must be date stamped in by Department staff. Each report form shall be signed by the Recipient's designated agent. ]g ATTACHMENT E FEDERAL LOBBYING PROHIBITIONS The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal - Ioan~ the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal ' ' contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. C. The undersigned shall require that the language of this certification 6e included in the award documents for all subawards at nit 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. S~/a~(Name an ' e) 4. 19 ATTACHMENT F COPYRIGHT, PATENT AND TRADEMARK A. If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the agreement provides otherwise. B. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement hereby reserved to the State of Florida. In the event that any books, ma'nuals, films or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the State of Florida. C. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Deparfment shall then, under paragraph B, have the right to all patents and copyrights which occur during performance of the Agreement. 2O ATTACHMENT G ADVANCE REQUEST JUSTIFICATION A, If any advance is requested on this Agreement, the Recipient must provide at least the following information and justification. 1. Number of houses to be weatherized during the first three months ..................... 2. Average projected expense for each house .........................................................$ 3. Total of line 1 X Pine 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. 2I ATTACHMENT H PROPERTY MANAGEMENTANDPROCUREMENT A. The Recipient shall comply with procurement standards equivalent to the requirements of 10 C,F.R. 600,436(b) for Iocat 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, equ pment, construction, and services. B. The Recipient shall comply with proper~y management standards for non-expendable property equivalent to 10 C.F.R, 600,432 for local government Recipients and 10 C,F.R. 600.117 for non-profit Recipients. 22 ATrACHMENTI STATEMENTOFASSURANCES The Rebipient 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. 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 technica~ assistance groups assigned by the Department. The Recipient will a!so allow inspection, verification, and audit of financial transactions and records by staff or agents of the department, the Comptrolter'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 tenter occupied units, the Recipient shall require that the landlords of buildings with five or more units, or any combination of buildings with an aggregate total of five units or more, that receive services under this contract will pay ten percent (10%) of the total cost of the work performed, The landlord's participation may be waived or reduced if they can document in writing that they cannot afford to participate. A written agreement between the Recipient and the landlord detailing the landlord's commitment and legal responsibilities will be executed after pre-inspection and work determination has been completed and prior to work beginning on the unit. 23 %00I ~CL' 955 el:o~.maS CI:gA~]S S.LtNll 'IVJ,O,L 40 % NOI,LVOO'I'IV A,.LNFIO3 :st~ollo~ se uo!~eoolle le;oueu!J s,A~,unoo oU)osds eq~ o~ leuo!~Jodo~d eq Ileqs ~oe~uoo s!q~, ~epun pa/ues A)unoo Noes u! sssnoq jo Jsqtunu eq_L SNOI.~VOOTlV ,LLNNO0 [' J.N::I~HOVLLV ATTACHMENT K SPECIAL CONDITIONS No Special Conditions. 26 ATTACHMENT L RECIPIENT INFORMATION FORM Please complete all information applicable to your organization. A. RECIPIENTCATEGORY: ( ) County Government ~ ) Ci~ Government ( ) Community Action Agency ( ) Other private, Non-Profit Agency ( ) Indian Tribe ( ) Other, Speci~ 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 Teiephone: (40___% 330-5665 FAX Number: (40~ 330-5677 3. Street Address (if different from above): 300 N. Park Avenue Sanford, Florida 32771 4. Chief Official/Executive Director: Larry Dale Mayor (Name) (Title) 5. Official to receive state warrant: Larry Dale Mayor (Name) (Title) 6, Program Director/Coordinator: Charles A. Rowe Community Development Director (Name) (Title) 27