671-LIHEAP-Home Repair Program Contract Number: 98LE-62-06-69~02-028
Revised 7~97
LOW INCOME EMERGENCY HOME REPAIR PROGRAM AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafier 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 grant funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Fee for Sen'ice
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.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
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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) Fundinq/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 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 fhe 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. Exercisi3 any other rights or remedies which may be otherwise available under
law;
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance with
laws, rules, regulations governing the use of the funds or this Agreement.
(0 This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient as determined.
(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Earl Billings. Planning Manager
Department of Community Affairs
Division of Housing and Community Development
2555 Shumard Oak Boulevard
Tallahassee, Floiida 32399-2'100
850/488-7541
(c) The name and address of the Representative of the Recipient responsible for the
administration of this
Agreement is:
Charles A. Rowe Director of Community Development
(name) (title)
P.O. Box 1788, 300 N. Park Avenue
(address)
Sanford, Florida, 32772-1788 (407) 330-5665
(city, state, zip) (telephone)
(d) In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be
rendered as provided in (10)(a) above.
(11) OTHER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are incorporated
by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department,
and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the
release of the Department from all its Obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
' for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null
and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other
provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on 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 exemise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.}, if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, pubtic accommodations,
transportation, State and local government services, and in tetecommunications.
5
(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 plac~d on the convicted vendor I'ist.
(12) AUDIT REQUIREMENTS
(a) The Recipient agrees tO maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) The Recipient shall provide the Department with an annual financial audit report which
meets the requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550 and 10.600, Rules
of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501-
7507, OMB Circulars A-128 or A-133 for the purposes of auditing and monitoring the funds awarded under
this Agreement. The funding for this Agreement was received by the Department as a grant and aid
appropriation.
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number.
3. The complete financial audit report, including all items specified in (12)(d) 1
and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(e) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, was not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(f) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the three-year period, the records shall be retained until the litigation or audit findings have
been resolved.
(g) The ReCipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. 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 forwarded to the Department within thirty (30) days after
execution of thiS Agreement. The Recipient agrees to include in the subcontract that (i) the subcontractor
is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature adsing out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
This Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement contains 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 Allowable Program Activities
Attachment B-3 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 $ 38.914 , subject to the availability of funds and based on three (3) month and a six (6)
month compliance review conducted b~ the Department. Satisfactory performance of work must be in
accordance with the provisions of Attachment A*2, Scope of Work. The Recipient will be reimbursed for
10% of the total cost of Materials, Labor and eligible match contributions as a Fee for Service based on
monthly completion of units. Based on the Fee for Service amount and the total cost of Materials and
Labor, the Recipient may charge 10% for Administration as explained in the provisions of Attachment A-1,
Fee for Service Summary and Detail. The match contribution amount may not be included in the 10%
Administration charge. Administration may not exceed 10% of the total amount of the Agreement. Eligible
match contributions are those items of materials and labor that are installed on the unit as part of the
weatherization activity.
(b) Any advance payment under this Agreement is subject to s. 216.181(14), Fla. Stat.
The amount which may be advanced may not exceed the expected cash needs of the Recipient within the
first three (3) months, based upon the funds being equally disbursed throughout the contract term. For a
federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, -
A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the
budget data on which the request is based and a justification statement shall be included in this
Agreement as Attachment G. Attachment G will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds. The advance payment funds
are to be used for start-up costs for production only.
1. :x: No advance payment is requested.
2. An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a monthly reimbursement
basis as needed. The Recipient agrees to expend funds in accordance with the Fee fo'r Service and
Scope of Work, Attachment A of this Agreement.
(d) Any grant funds not expended for the agreed service and in accordance with the
program budget shall be considered Department funds and shall be returned by the Recipient to the
Department within forty-five (45) days following the Agreement termination date or the date set by the
Department.
(e) Provision of funding under this contract shall not be construed as a guarantee of
future or subsequent funding under this program. The performance by the Department under this
Agreement, and any amendments to this Agreement, shall be subject to and contingent upon the
availability of moneys lawfully appropriated to the Department and applicable for the purpose of this
Agreement.
(f) The Department or the Recipient may request modifications to this Agreement.
Acceptable changes shall be incorporated in writing as modifications to this Agreement. All requests for
modifications submitted to the Department for approval must include a narrative description of the
proposed changes and their effect upon the approved scope of services. Modifications require thirty (30)
days to process from the time of receipt by the Department and are only effective upon the date of written
execution by both parties or on the date set by the Department.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance
with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, extension of an Agreement for contractual
services shaft be in writing for a period not to exceed six (6) months and shaft be subject to the same
terms and conditions set forth in the initial Agreement. There shall be only one extension of this
8
Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the
Agreement is due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, FIn. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with the Agreement. -.
(f) If the Recipient is allowed to temporarily invest any advances of funds under thfs
Agreement, any interest income shall either be returned to the Department or be applied against the
Departmenrs obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any ' *
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e) of the Immigration and Nationality Act
CINA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(18) STATE LOBBYING PROHIBITION.
No funds or other resources received from the Department in connection with this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency. Refer to Attachment E for additional terms and provisions relating to
lobbying.
(19) COPYRIGHT, PATENT AND TRADEMARK.
If applicable to this Agreement, refer to Attachment F for terms and conditions relating to
copyrights, patents and trademarks.
(20) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(21) ASSURANCES.
The Recipient shaJl comply ~vith any statement of assurances incorporated as Attachment I.
(22) VENDOR PAYMENTS
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at the rate as established
pursuant to Section 55.03 (1) Fla. Stat. The interest penalb/shall be paid within 15 days after issuing the
warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850)488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized,
:~' ' ~ For the Department: _
~a~ Da~e Bureau of Communi~ Assistance
Ha~o~
Title (~ped)
Date
59-6000425
Federal Identification Number SAMAS ~
l0
ATTACHMENT A-1
FEE FOR SERVICE SUMMARY AND DETAIL REPORTING INSTRUCTIONS (LEHRP)
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. Match Contribution for current month
3. Total of Lines la, lb & 2
4. Fee for Service (Line 3 X 10%) ~:-. ,::: ::',:::':'~1~
Tots, o, L,ne la, b 4
6. Administration (Line 5 X 10%) :::::;:":
7. Comprehensive Annual Audit
8. Totals (Current Month & Total to Date Columns)
1. a) MATERIAL: Materials installed on the unit for allowable program activities as listed in the contract.
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. MATCH CONTRIBUTION: Eligible contributions of materials and labor installed on the unit. May be used in
calculating the Fee for Service amount. May not be used to calculate the administrative 10% amount.
3. TOTAL OF LINES la, 1 b & 2: This is the amount used for calculating the fee for service.
4. FEE FOR SERVICE (LINE 3 X 10%): This amount will be based on the total of Material and Labor spent for
units completed monthly. Liability Insurance, On-Site Supervisor, Local Mileage and Other costs will be
incorporated into the Fee for Service (FFS).
5. TOTAL OF LINE la, 1 b & 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
and Fee for Service.
7. COMPREHENSIVE ANNUAL AUDIT: This is for the pro rata share of the agency audit charged to each
program.
8. TOTALS (CURRENT MONTH & TOTAL TO DATE COLUMNS: Add these columns and enter the totals on
this line.
]l
ATTACHMENT A-2
SCOPE OF WORK
In carrying out this Agreement, the Recipient will provide the necessary personnel, materials, services
and faciIities, 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 aIl eligible clients in the counties to be served. Counties to be
served are listed below:
Seminole County, $38,914
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. Ifthe 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) pepcent
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.
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 contract as well as other
information related to this project as may be specified by the Department.
F. The Recipient shall provide services to qualifying low-income persons for the purposes stated herein.
The following dwelling units are eligible:
(1) A dwelling unit that is occupied by an individual or family that is low-income as defined in Rule
9B-57.001, F.A.C.
(2) Recipient may make repairs to buildings containing rental units occupied by persons eligible
for assistance under Rule 9B-57.011 F.A.C., where;
(a) Recipient has obtained the written permission of the owner or his/her agent;
(b) Not less than 66 percent (50 percent for duplexes and four-unit buildings) of the
dwelling units in the building:
1. Are eligible dwelling units, or
2. W'fil become eligible dwelling units within 180 days of completed repairs.
(c) The Recipient agrees to establish procedures to ensure that:
1. Rents shall be not be raised because of the increased value of dwelling units
due solely to the work provided under this program for a period of one year from the date of completion of
all repair work;
2. No undue or excessive enhancement will occur to the value of the dwelling
units;
3. All landlords participating in the program are encouraged to provide a match
contribution of labor and/or material equal to at least 25 percent (25%) of the total value of the labor and
material to be completed on the building including these grant funds and any other match funds; and
4. No more than five units owned by a specific landlord may participate in the
program during any program year, unless the landlord contributes at least 25 pement (25%) match as
defined in c. above. The landlord's contribution may be waived or reduced if the landlord can document
that he/she cannot afford to provide match.
5. The Recipient must disclose in the grant contract, pdor to beginning work, its
intent to provide assistance to any unoccupied units or units planned for resale within one year after the
work is completed. The Department may request additional information on the units to assure that the
work done on the units will benefit eligible low-income people. If satisfactory proof cannot be provided, the
Department will not qualify these units as eligible for the program. If such units are provided service
without Department approval, all program funds expended on the unit will be disallowed and the grantee
will be required to return the funds to the Department.
G. The following types of units are not eligible for the program:
(1) Publicly owned rental units.
(2) Units planned for demolition within one year after work is completed.
(3) Units under litigation or subject to impending legal action.
H. It is agreed that the following activities may be paid for with grant funds and the value of such activities
may be accepted as match for the grant:
(1) Identifying low-income residents, completing work write-ups, and negotiating contracts for
work to be done on the dwelling;
(2) Leveraging grant funds and community partnership development;
(3) Supervising and monitoring contractors and volunteers;
(4) Providing the Department with documentation and reports;
(5) Coordinating projects with housing assistance agencies and service providers;
(6) Aftending Department sponsored or approved workshops, meetings or training sessions;
(7) Purchasing instructional or educational materials to train volunteers or staff for this program;
(8) Purchasing building material, tools, equipment, material and labor.
I. Recipient's administrative expenses may not exceed ten percent (10%) of the total grant funds.
J. The Recipient agrees to comply with program parameters which have been established to assist low-
income persons, particularly the elderly and persons with disabilities, to make emergency repairs to their
housing units that will preserve and protect the health and safety of their living environment. Recipient
agrees to limit persons eligible for assistance under this program to those persons who are at or below
125 percent (125%) of the poverty level as specified annually in the federal Office of Management and
Budget Poverty Guidelines; or that dwelling units to be assisted under LEHRP is occupied by a permanent
resident who has received cash assistance payments under Title IV or XVI of the Social Security Act or
applicable state or local law at any time during the 12-month period preceding the determination of
eligibility for assistance under the LEHRP. The Recipient agrees to establish procedures to ensure that
eligible persons over 60 years of age and eligible persons who are physically disabled shall be given
priority in the program.
K. The cost of labor and material for repairs provided under this Agreement shall be at least $300 per
house over the life of the Agreement, and shall average $1,000 per house.
L. Work conducted under this program must comply with the Department installation standards and all
applicable laws, rules, regulations, ordinances, and codes of the state and local governments.
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ATTACHMENT B-1
PROGRAM STATUTES AND REGULATIONS
Both the Recipient and the Department shall be governed by applicable laws and rules, including but
not limited to:
A. Rule Chapter 9B-57, F.A.C., and s,420.36. Fla. Star.
B, The Recipient may temporarily invest LEHRP grant funds, but any interest income shall be returned to
the Department at the time of submission of the final close-out report.
C, The Recipient may apply program income, excluding interest income, to eligible program activities in
accordance with Rule Chapter 9B-24, F.A.C.
D. Before beginning work on any dwelling, the Recipient shall have:
(1) Documentation of client income eligibility in accordance with the most recent federally
established Poverty Income Guidelines. Client income verification must be conducted within 180
days prior to the date the work begins. ·
(2) Documentation of authorization from the owner of the dwelling or his authorized agent.
(3) Documentation of proof of ownership.
(4) Agreement with the owner of rental property assuring compliance with Rule 9B-57.
E. The Recipient must provide a match equal to at least 20 percent (20%) of the funds granted under this
Agreement. Match may be either cash or non-cash donations as defined in Rule 9B-57.001 F.A.C.
F. Loans and federal grant funds made to the Recipient, a Recipient, or the homeowner are not
acceptable match.
G. Personnel services counted as match or paid out of these grant funds must be directly related to
allowable program activities.
H. This Agreement must be signed by the Recipient. and the specified number of complete, acceptable
and executed copies returned to the Department on or before 45 calendar days after initial receipt of the
contract by the Recipient. Failure to comply within said 45 days shall be grounds for the Department to
withdraw this offer.
L A written appeals system must be adopted by the board of directors of the Recipient, posted in the
Recipient's agency, and provided in writing to those applying for services.
In the event of a complaint/appeal. the complaint/appeal shall first be heard by the
Community Development Director
(Title of Position)
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be
heard by:
City Manager
(Title of Position)
Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing will be held
by: City Commission
(Committee or Full Board)
All complaints received by the Department will be referred to the Recipient.
ATTACHMENT B-2
ALLOWABLE PROGRAM ACTIVITIES
A. The Recipient agrees to charge only the following repairs, including material and labor, under the
program:
(1) Correcting rotting or other deficiencies in support beams, load bearin9 walls, and floor joists
including termite inspections and treatment.
(2) Repair or replacement of unsafe or nonfunctional heating, air conditioning or water heating
systems.
(3) Building or enhancing access for physically disabled persons, including physically disabled
accessibility repairs, improvements or assistlye devices, including wheelchair ramps, steps, porches
handrails or other health and safety measures.
(4) Plumbing, Dump, well, and line repairs to ensure safe drinking water and sanitary sewage. ' '
(5) Electrical repairs.
(6) Repairs to deteriorating interior or exterior wafts, floors and roofs.
(7) Other interior and exterior repairs that are necessary for the health and safety of the resident.
B. A safety check must be conducted on all related support systems included ducts, electric, venting and
piping. All related support systems must meet local codes prior to or in conjunction with the installation of
new equipment.
(1) Heating, cooling and water heating equipment must be installed by a licensed contractor certified
to perform the work required.
(2) Replaced units must be properly disposed of by the R~cipient agency. Equipment being replaced
must be removed from the dwelling and disposed of in compliance with federal, state and local regulations
and in a way that will render the equipment unusable.. Operable units may not be reused but may be
taken apart and individual part(s) recycled. The cost of disposal is an eligible expense under this
Agreement.
(3) Heating, cooling and water heating equipment must be replaced using the standards set by the
Department.
]6
ATTACHMENT B-3
MONITORING, EVALUATION AND TECHNICAL ASSISTANCE
A. Training and technical assistance shall be provided by the Department within limits of staff time and
budget, upon written request by the Recipient and upon a determination by the Department of Recipient
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 subgrantees during such activities.
ATTACHMENT C
RECORD KEEPING
No Additional Requirements
ATTACHMENT D
REPORTS
A, Reports are due to the Department by the 10th calendar day of the month. The Recipient shall submit
a Financial Status Report (FSR) and a Building Work Report (BWR) package for each dwelling unit on ·
which work has been completed. 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 outiined above shall constitute grounds for suspension or termination of this
agreement. Reports and notices must be submitted to:
Department of Community Affairs -
Division of Housing and Community Development
Bureau of Community Assistance, Weatherization Assistance Program
2555 Shumard Oak Blvd., The Sadowski Building
Tallahassee, Florida 32399-2100
B. Hand delivered reports must be date stamped in by Department staff. Each report form shall be
signed by the Recipient's designated agent.
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ATTACHMENT E
FEDERAL LOBBYING PROHIBITIONS
The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and
belief:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to
any person for influencing or attempting to influence an officer 6r employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative Agreement.
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 Cbngress in connection with this Federal
contract, grant, loan or cooperative Agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying,!' in accordance with its instructions.
C, The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 3% US. 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.
2O
ATTACHMENT F
COPYRIGHT. PATENT AND TRADEMARK
A. If Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the
Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the
Agreement provides otherwise.
B. If any discovery or invention arises or is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery
or invention to the Department for a determination whether patent protection will be sought in the name of
the State of Florida. Any and all patent rights accruing under or in connection with the performance of this
Agreement hereby reserved to the State of Florida. In the event that any books, manuals, fiIms. or other
copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights
accruing under or in connection with the performance under this Agreement are hereby reserved to the
State of Florida.
C. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could
give rise to a patent or copyright. The Recipient shall retain all rights and entitlement to any pre-existing
intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists.
The Department shall then, under paragraph B, have the right to all patents and copyrights which occur
during performance of the Agreement.
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ATTACHMENT G
ADVANCE REQUEST JUSTIFICATION
A. If any advance is requested on this Agreement, the Recipient must provide at least the following
information and justification.
1. Number of houses to be completed during the first 3 months .........................
2. Average projected expense for each house ..................................................$
3. Total of line 1 X line 2 .....................................................................................$
4. Total of line 3 X 10% Projected Administrative Expenses ..............................$
5. Explain any other projected expenses forthis period: ....................................$
6. Totals of lines 3 + 4 + 5 ...................................................................................$
THESE ARE THE ESTIMATED EXPENSES FOR 3 MONTHS
7. Total amount of grant x .25% ..........................................................................$
THIS IS THE MAXIMUM ALLOWABLE ADVANCE
THE ADVANCE AMOUNT REQUESTED MUST BE THE TOTAL FROM LINE 6 OR LINE 7,
WHICHEVER IS THE LESS AMOUNT.
B. In the space below provide a concise explanation of the need for this advance.
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ATTACHMENT H
PROPERTY MANAGEMENT AND PROCUREMENT
A. The Recipient shall comply with procurement standards equivalent to the requirements of 10 C,F.R.
600.436(b) for local government subgrantees and 10 C.F.R. 600.119 for non-profit subgrantees and
relevant state and local taws applicable to the procurement of supplies, equipment, construction, and
services.
B. The Recipient shall comply with property management standards for non-expendable property
equivalent to 10 C.F.R. 600.432 for local government subgrantees and 10 C.F.R. 600.117 for non-profit
Recipients.
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ATTACHMENT I
STATEMENT OF ASSURANCES
The Recipient hereby certifies the following assurances:
A. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action
authorizing the execution of this contract, including all understandings and assurances contained therein,
and directing and authorizing the Recipient's chief executive to act in connection with the contract and to
provide such additional information as may be required.
B. The Recipient, in performing the requirements ofthis contract shall comply with applicable laws, rules,
regul~jons, 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 contract.
D. Priority in selection of clients will be given to the elderly and the disabled.
E. To the maximum extent practicable, the use of services provided under this contract shall be
coordinated with other federal, state, local, or privately funded programs.
F. The Recipient will permit attendance by the Department's representatives at any meetings of the
subgrantees Board of Directors, executive committee or legislative body.
H. The Recipient will permit on-site program evaluation by the Department's field representative and by
technical assistance groups assigned by the Department. The Recipient will also allow inspection,
verification, and audit of financial transactions and records by staff or agents df the Department, the
Comptroller's Office, and legislative auditors.
I. In order to ensure that no undue or excessive enhancement takes place on renter occupied units, the
Recipient shall require that the landlords of buildings with five or more units, or any combination of
buildings with an aggregate total of five units or more, that receive services under this contract will pay
ten percent (10%) of the total cost of the work performed. The landlord's participation may be waived or
reduced if they can document in writing that they cannot afford to participate. A written Agreement
between the Recipient and the landlord detailing the landlord's commitment and legal responsibilities will
be executed after pre-inspection and work determination has been completed and prior to work beginning
on the unit.
J. All non-profit subgrantees will maintain a fidelity bond indemnifying against losses resulting from the
fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a
position of trust. The amount of the bond must be no less than one-fourth of the total amount of this grant.
K. As part of the initial evaluation of a house scheduled for repair using LEHRP funds the Recipient will
perform an air pollution source survey. a carbon monoxide test and a blower door test in accordance with
Department prescribed protocol. After air tightening procedures are performed on the unit, another blower
door test will be performed to make sure the house is not too tight.
24
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ATTACHMENT K
SPECIAL CONDITIONS
No Special Conditions,
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ATTACHMENT L
RECIPIENT INFORMATION FORM
Please complete atl information applicable to your organization.
A. RECIPIENT CATEGORY:
( ) County Government (X) CityGovernment
( ) 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. WARRANT WILL BE MAILED TO THIS ADDRESS UNLESS OTHERWISE
INDICATED:
Recipient's mailing address: P.O. Bo~ 1788
City: Sanford Zip Code: 32772-1788
Telephone: (40~' 330-5665 FAX Number: (4~07) 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 Director of Community Development
(Name) (Title)
27