672-LIHEAP-Weatherization DEPA NT OF COMMUNITY AFFAIRS
LAW'I'ONCHILL~ "Helping Floridians create safe, vibrant, sustainable communities"
Governor
JAMES F. MURLEY
Secretary
October 3, 1997
The ,onorable Betty Smith $ 8 V
Mayor OCT 6 1997
City of Sanford
Post Office Box 1788 ,
Sanford, Florida 32772-1778 '-~C. hal'h-,~ .~.
Dear Mayor Smith:
Attached are/is the following contract(s) for the 1997-1998 program year.
Please review the contracts prior to starting work to ensure that your staff is totally
familiar with the performance based funding. If you have any questions or require
assistance, please feel free to call your consultant.
Weatherization Assistance Program (WAP) X
Low-Income Emergency Home Repair (LEHRP) X
Weatherization/LIHEAP (WAP-LIHEAP) X
Thank you for your continued support of these viable programs. We are
looking forward to working with you as we move forward with the changes that will
improve our programs and provide for a source of continued funds to serve our clients.
Sincerely,
, Administrator
/7~ Community Assistance Section
fLORIDAI(e/S LAP/eb
F~,~ 0~ Attachment
Contract Number: 98LH-7R-06-69-02-029
CFDA Number: 93.568
Revised 7/96
WEATHERIZATION LOW INCOME HOME ENERGY ASSISTANCE PROGRAM AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and City of Sanford
(heroinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLL8WING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified heroin, 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 heroinafter set forth, and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Fee for Service
and Scope of Work, 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 September 30, 1997,
whichever is later, and shall end on September 29, 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
Tallahassee, FI. 32399-2100
(5) RECORD KEEPING,
(a) If applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. AJ 10, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonp~o~t Organizations", and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments", OMB Circular No. A-21, "Cost Principles for Educational
Institutions", or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations". If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
{b) All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the final close-out
report, whichever is later, with the following exceptions:
1, If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three year period, the records will be maintained until all litigation, claims
or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for three years after final disposition.
3. Records relating to i-eal property acquisition shall be retained for three years
after closing of title.
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Fee for Service and Scope
of Work, Attachment A, and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to
the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors or monitors
retained by the Department.
(e) Any additional terms and conditions pertaining to recordkeeping are set forth in
Attachment C and all terms and conditions pertaining to property management and procurement under
this Agreement are set forth in Attachment H.
(6) REPORTS.
(a) At a minimum, the Recipient shall provide the Department with a monthly financial
report and with a close-out report.
(b) Monthly reports are due to be received by the Department by the tenth (1 0th) day of
each month and shall continue to be submitted each month until submission of the administrative close-
out report.
(c) The close-out report is due 45 days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not compIeted in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days after
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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) 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 consecutively, and the pursuit of any one of the
following remedies shall not preclude the Department from pursuing any other remedies contained herein
or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the
address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available under
law;
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance with
laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
4
(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 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
3rovision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans W~th Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under contract with a
public entity, and may not transact business with any public entity in excess of Category Two for a period
of 36 months from the date of being placed on the convicted vendor list.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement. -.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) The Recipient shall provide the Department with an annual financial audit report which
meets the requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550 and 10.600, Rules
of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501-
7507, OMB Cireulars A-128 or A-133 for the purposes of auditing and monitoring the funds awarded under
this Agreement. The funding for this Agreement is received by the Department as a grant and aid
appropriation.
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number.
3. The complete financial audit report, including all items specified in (12) (d) 1
and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(e) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(f) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three years after the date of
submission of the final expenditures report. HoWever, 'if litigation or an audit has been initiated prior to the
expiretion 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 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 al1 the terms and conditions agreed upon by the par~ies.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Attachment A-1 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 Procuremerit
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-reimbureement Agreement. The Recipient shall be
reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to
exceed $ 23,332.00 , subject to the availability of funds 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. The Recipient will be reimbursed for
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eq o] e~e spunj ~ue~d eOUBApe eqL 'spunj sseq~ jo ssn pssodojd pus Joj ~sssoeu sq~ Jo uo~eueldx~
ua sp]AoJd pue papeeu ~ue~ed eoueApe Jo ~uno~e e~] ~peds I1~ ~ ]ue~qoe~IV '0
sB ]ug~seJ6V s~q~ u~ pepnlou~ sq Ileqs ~us~s~e~s uo~leo~sn[ ~ pus pesaq s~ ~senbeJ eqi qo]~ uo
elsp eq] 'pa~senbeJ sJ ~ue~ed SOUSApS Ue Jl '066 ~ Jo 1Or lue~eAoJd~l ]ue~e6eue~ qseO eq~ pue
-V '0 ~ ~-V 'LS-V sJelnoJ~O S~O IeJ~peJ o~ loe[qns osle s~ ~us~ed sousAps XUe '~oe~luoo pepunj Xllejep~j
~ Joj '~Je] ~osJ~uoo eql lnoq6noJql pes~nqs~p Xllenbe 6u~eq spunJ eq~ uodn paseq 'sq~uo~ (~) ~eJq~
sq~ u~q~]~ ~us~d~oa~ aql ~o spaau qSao pa~oadxe aql pasoxe ]ou ~ paou~Ap~ eq ~e~ qo~q~ ~uno~a
"~elS ~ '(~ ~) ~8 ~ '9 ~ ~ 's o~ ~oa[qns s~ ~ue~aeJ6V s~q~ Jspun ~us~ed SOUSAps XuV (q)
'lua~aa~6V aql Jo ~uno~e Ielol aq~ Jo o/eL pesoxe ]ou Xe~ uo~e~s]u~pV
pus ~s~nS eo)~sS ~oj e~ ' ~-V ~ue~qoe~;V jo SUO~S~AOJd aql u) pau~sldxa se uo~leJ~s~u~pV ~oj o/eL
e6~eqo ~e~ ]ue]d]os~ eq~ '~oqeq pus sleMe]aH jo ~soo le~o~ aql pus luno~e aortas ~oJ sej eql uo
's~un Jo uo~lsld~oo ~lq;uo~ uo psseq ao~sS Joj es~ ~ se Joqs] pus sie~s~s~ jo ]soo I~1o~ sql jo
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Fla. Star..
(e) The Department of Community Affairs reserves the right to 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 Qf Chapter 119, FIe Star., and made or received by the Recipient in
conjunction with the Agreement.
(t} If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Department Shall consider the employment by any contractor of unauthorized aliens a ' '
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(18) STATE LOBBYING PROHIBITION.
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency. Refer to Attachment E for additional terms and provisions relating
to lobbying.
(19) COPYRIGHT, PATENT AND TRADEMARK.
If applicable to this Agreement, refer to Attachment F for terms and conditions relating to
copyrights, patents and trademarks.
(20) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(21) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment I.
(22) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at the rate as established
pursuant to Section 55.03 (1) Fla. Stat.. The interest penalty shall be paid within 15 days after issuing the
warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
undersigned officials as duly authorized.
~ecipien!:. ~ For the Department:
· 7 Signature o a . organ,
Bureau of Community Assistance
f.arr7 Dale
Name (typed)
Title (typed) ' '
Date
59-6000425
Federal Identification Number SAMAS #
10
A A'FI'ACHMENT A-1 ,,-'-,,
FEE FOR SERVICE SUMMARY AND DETAIL REPORTING INSTRUCTIONS (WAP-LIHEAP)
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
3. Fee for Service (Line 2 X 23%)
4. Teta, o, L,ne2 Line3(cur,en, men,h Gol.mn/
5. Administration (Line 4 X 7%)
6. Comprehensive Annual Audit
7. 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. TOTAL OF LINES 1 a AND 1 b: This the amount used for calculating the Fee for Service.
3. FEE FOR SERVICE (LINE 2 X 23%): This amount will be based on the total of material and labor spent for
units completed monthly. Liability Insurance and costs that were Program Support will be incorporated into the
Fee for Service (FFS).
4. TOTAL OF LINE 2 AND LINE 3: This is the amount used for calculating the monthly administration amount.
5. ADMINISTRATION (LINE 4 X 7%): This can only be earned monthly, based on the total of Material, Labor and
Fee for Service.
6. 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.
7. TOTALS (CURRENT MONTH & TOTAL TO DATE COLUMNS): Add these columns and enter the totats 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 $23,~332
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 (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.
]2
A'Fi'ACHM ENT B-1
PROGRAM STATUTES AND REGULATIONS
Both the Recipient and the Department shall be governed by applicable laws and rules, including but
not limited to:
A. Pub. L. 94-385, Part A, Title IV ("Energy Conservation and Production Act of 1976"); the Omnibus
Budget Reconciliation Act of 1981, Title XXVI of Pub. L 97-35 (Low-income Home Energy Assistance Act
of 1981); Title II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96-619); Title V,
Subtitle E, of the Energy Security Act of 1981 (Pub. L. 96- 294); and Chapter 163, Fla. Stat.
B. All federal statutes relating to nondiscrimination including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) which prohibits discrimination on the
basis of race, color or national origin;
2. Title iX of the Education Amendme:'~ts of 1972, as amended (20 U.S.C. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits
discrimination on the basis of handicaps;
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits
discrimination on the basis of age;
5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92- 255), as amended, relating to
nondiscrimination on the basis of drug abuse;
6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
7. Subsections 523 and 527 of the Public Health Service Act of 1912 (42 U.SC. 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. Part 60).
D. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42
U.S.C. 1857 et seq.) and the federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
E. The Recipient will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4081 et
seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
F. The Recipient will assist in assuring compliance with Section 106 of the National Historic Preservation
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 insulation products composed of the highest
percentage of recoverable materials practicable, taking into consideration competition, availability,
technical performance and cost in accordance with Section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976, and guidelines promulgated by the
Environmental Protection Agency.
J. All applicable federal rules, regulations and guidelines including 10 C.F.R. 600, and all applicable OMB
Circulars, as revised, as they relate to the application, acceptance, and use of federal funds under this
Agreement.
K. Other applicable federal and State laws, rules, regulations and guidelines.
L. There shall be no religious worship, instruction, or proselytization as any part of, or in connection with,
the performance of this Agreement.
M. The Recipient certifies that neither its organization nor any member of the staff is debarred or
suspended or is otherwise excluded from or ineligible for participation in federal assistance programs
under Executive Order 12549, "Debarmerit and Suspension." The contractor may not make any
subcontract to a debarred or suspended party. A current listing of such parties is maintained by the
Department for review.
N. Before beginning work on any dwelling, the Recipient shall have:
1. Documentation of client income eligibility in accordance with the most recent federally established
Poverty Income Guidelines. Client income verification must be conducted within 180 days prior to
the date the work begins.
2. Documentation of authorization from the owner of the dwelling or his authorized agent.
3, Documentation of proof of ownership.
4. Agreement with the owner of rental property assuring compliance with 10 C.F.R. Part 440.22.
O. INTEREST INCOME: Except as provided for advance payments, the Recipient may temporarily invest
grant funds, but any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount. Any interest income earned by the temporary
investment of these grant funds that are not applied against the Department's obligation to pay shall be
returned to the Department at the time of submission of the final close-out report.
P. PROGRAM INCOME: Recipient may apply net program in&ome, after costs incident to the generation
of gross program income are deducted, excluding interest income, to meet matching requirements, or may
reprogram it for eligible program activities in accordance with Rule Chapter 9B-24, Florida Administrative
Code. The amount of program income and its disposition must be reported to the Department at the time
of submission of the final close-out report. Expenditure of program income balances at contract end must
14
be approved by the Department.
Q. A written appeal system must be adopted by the Board of Directors of the Recipient, posted in the
Recipient's agency, and provided in writing to those applying for services. In the event of a
complaint/appeal, the complaint/appeal shall first be heard by the:
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 Corr~ission
(Committee or Full Board)
All complaints received by the Department will be referred to the Recipient.
ATTACHMENT B-2
MONITORING, EVALUATION & TECHNICAL ASSISTANCE
A. Training and technical assistance shall be provided by the Department, within limits of staff time and '
budget, upon request by the Recipient and/or upon a determination by the Department of Recipient need.
B. The Recipient shall allow the Department to carry out monitoring, evaluation and technical assistance
and shall ensure the cooperation of its employees, and any subgrantees with whom the Recipient
contracts to carry out program activities.
ATTACHMENT C
RECORDKEEPING
No Additional Requirements
ATTACHMENT D
REPORTS
A. Reports are due to the Department by the 10th of the month. The Recipient shall submit a Financial
Status Report (FSR) and a Building Work Report (BWR) package for each dwelling unit on which work
has been completed. The Building Work Report package shall consist of a signed, dated copy of the
BWR, a copy of the NEAT printout sheet and a completed client intake form. Failure to submit all required
monthly reports as outlined above shall constitute grounds for suspension or termination of this
agreement..Reports must be submitted to:
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance, Weatherization Assistance Program
2555 ShUmard Oak Blvd., The Sadowski Building
Tallahassee, Florida 32399-2100
B. Hand delivered reports must be date stalnped in by Department staff. Each report form shall be
signed by the Recipient's designated agent.
]8
ATTACHMENT E
FEDERAL LOBBYING PROHIBITIONS
The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge
and belief:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant. the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant. loan or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency. a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract. grant, loan or cooperative agreeme~t, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than S10,000 and not more than
$100,000 for each such failure.
Recipien ', ~ ~ ~,.
~ (Name and Title) '')
A'FfACHMENT 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 entitlemerits to that pre-existing patent or copyright unless the
agreement provides otherwise.
B. If any discovery or invention arises or is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery
or invention to the Department for a determination whether patent protection will be sought in the name of
the State of Florida. Any and all patent rights accruing under or in connection with the performance of this
Agreement hereby reserved to the State of Florida: In the event that any books, manuals, films. or other
copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights
accruing under or in connection with the performance under this Agreement are hereby reserved to the
State of Florida.
C. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could
give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing
intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists.
The Department shall then, under paragraph B, have the right to all patents and copyrights which occur
during performance of the Agreement.
2O
ATTACHMENT G
ADVANCE REQUEST JUSTIFICATION
A. If any advance is requested on this Agreement, the Recipient must provide at least the following
information and justification.
1. Number of houses to be weatherized during the first three months .................
2. Average projected expense for each house .....................................................$
3. Total of line I X line 2 .......................................................................................$
4. Total of line 3 X 7% projected administrative expenses .................................$
5. Explain any other projected expenses for this period: ......................................$
6. Total of lines 3 + 4 + 5 ...................................................................................$
THESE ARE THE ESTIMATED EXPENSES FOR 3 MONTHS.
7. Total amount of grant x .25% .........................................................................$
THIS IS THE MAXIMUM ALLOWABLE ADVANCE,
THE ADVANCE AMOUNT REQUESTED MUST BE THE TOTAL FROM LINE 6 OR LINE 7, ~
WHICHEVER IS THE LESS AMOUNT
B. In the space below provide a concise explanation of the need for this advance.
2!
A'i'I'ACHMENT H
PROPERTY MANAGEMENTANDPROCUREMENT
A. The Recipient shall comply with procurement standards equivalent to the requirements of 10 C.F.R.
600.436(b) for local government subrecipients and 10 C.F.R. 600.119 for non-profit Recipients and
relevant state and local laws applicable to the procuremerit of supplies, equipment, construction, and
services.
B. The Recipient shall comply with property management standards for non-expendable property
equivalent to 10 C.F.R. 600.432 for local government Recipients and 10 C.F.R. 600.117 for non-profit
Recipients.
22
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IINB~HOVIIV
J. The Recipient will not use funds provided under this contract to supplant other federal, state or local
funds.
K. All non-profit Recipients will maintain a fidelity bond indemnifying against losses resulting from the
fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a
position of trust. The amount of the bond must be no less than one-fourth of the total amount of this
Agreement.
L. All work ordere*d, completed and paid for from these grant funds must be directly related or incidental
to the Scope of Work (Attachment A) and Weatherization Priority Measures (Attachment B). Incidental
repairs are those necessary to make the installation of energy conservation measures effective or to
protect such materials. The cost of incidental repairs, labor and materials, may not exceed 25% of the
total cost of labor and materials for the house. -
M. As part of the initial evaluation of the house, the Recipient will perform an air pollution source survey
and a blower door test in accordance with department prescribed protocol. If there are gas appliances
present, a carbon monoxide test is required. After air tightening procedures are performed on the unit,
another blower door test and monoxer test will be performed to make sure the house is not tightened
beyond acceptable measures.
N. Elimination of energy-related health and safety hazards are permissible if such elimination is
necessary before, or as a result of, installation of weatherization materials. The maximum amount allowed
shall not exceed $300 per unit and this amount must be included in the total cost of the unit.
O. All weatherization work will be performed using the National Energy Audit (NEAT) on all units receiving
weatherization services.
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a~A~l~S S,LINrl 'IVIO.L =10 % NOI/VOO'I'IV AJ, NriOO
:sMolioJ se uo!leoolle lepueug s,/qunoo og!osds
9ql ol leuo!ljodojd 9q Ileqs ),oeJ1uo3 s]ql JGpun p~MsS/qunoo qgeG U! s9snoq Jo jGquJnu GqJ.
SNOIIVOO]]V ,LLNFIO0
r/N=II/~HOVIIV
ATTACHMENT K
SPECIAL CONDITIONS
No Special Conditions.
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ATTACHMENT L
RECIPIENT INFORMATION FORM
Please complete all information applicable to your organization.
A. RECIPIENT CATEGORY:
( ) County Government (X) City Government
( ) Community Action Agency ( ) Other private, Non-Profit Agency
( ) Indian Tribe
( ) Other, Specify
B. GENERAL ADMINISTRATIVE INFORMATION:
1. Recipient's full legal name: City of Sanford
2. WARRANT WILL BE MAILED TO THIS ADDRESS UNLESS OTHERWISE
INDICATED:
Recipient's mailing address: P.0. Box 1788
City: San£ord Zip Code: 32772-1788
Telephone: ( 40y 330-5665 FAX Number: (407) 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)
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