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727-LIHEAP-Weatherization CFDA Number: 93.56~ '~ Revised 7/98 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 , (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the Department has a need for such services and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Fee for Service and Scope of Work, Attachments A-1 and A-2 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, 1998, whichever is later, and shall end on September 29, 1999, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. This offer terminates if it has not been executed and returned to the Department by the Recipient within 35 calendar days after receipt of the Agreement by the Recipient. The Department has no obligation to enter into this Agreement after that time. (4) MODIFICATION OF CONTRACT; REPAYMENTS. Except as otherwise provided in Paragraph 16 of this Agreement, for funding adjustments, either party may request modification of the provisions of this Agreement. Changes in Funding based upon performance may be made unilaterally by the Department in accordance with Paragraph 16 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 Shumsrd Oak Boulevard Tallahassee, FI. 32399-2100 1 (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. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit 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 real proper~ acquisition shaft 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, Attachments A-1 and A-2, 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" shell 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, a quarterly household report and with a close-out report. (b) Monthly reports are due to be received by the Department by the tenth (10th) 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 end copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after 2 written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Fee for Service and Scope of Work, Attachments A-1 and A-2. (e) Upon reasonable notice, the Recipient shaft provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment D. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Fee for Service and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachments A-1 and A-2 to this Agreement. (8) LIABILITY. (a) Except as otherwise provided in subparagraph (b) below, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance ofwork under this Agreement. For purposes ofthis Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency:or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages preximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing heroin shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES: TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by the Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shaft, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth heroin, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming fiable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fafi to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous Agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports flied or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 3 4. If, at the three (3) month performance review, the Re.cipient has failed to perform and complete in timely fashion any of the services required under the Fee for Service and Scope of Work attached hereto as Attachments A-1 and A-2 and has not e~<pended at least twenty-five (25) 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, exemise 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 heroin or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of 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 9f 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, Stat,, as amended. Notification of suspension or termination shat~ 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 Taliahassee, Florida 32399o2100 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, FL 32772 (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 ful~fi the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The tack 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 unenforoeable, 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 arevision 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 With Disabilities Act (Public Law 101-336, 42 U .S.C. Section 12101 et seq. 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Stat.. 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 (1) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shatl hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontrector'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 par~ies. (15) ATFACHMENTS. (a) All attachments to this Agreement ar~ incorporated as if set out fully heroin. (b) In the event of any inconsistencies or conflict bet~veen 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 Procurement Attachment I Statement of Assurances Attachment J County Allocations Attachment K Special Conditions Attachment L Recipient Information Form (16) FUNDING/CONSIDERATION. (a) The total amount of funding for this Agreement is conditional, based upon Recipient's performance in accordance with the Fee for Service Summary Detail and Scope of Work, Attachments A-1 and A-2. The funding shall be adjusted by the Department based upon its three (3) month performance review of the program reports submitted by the Recipient to the Department. The Department has the authority to unilaterally adjust the funding after three (3) months and if necessary every month thereafter 7 as determined by the Department. The Recipient shall be notified in accordance with Paragraph (10) of the Agreement of the amount of any change in funding and the effective date of the change. (b) 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 $ 55,549.00 , subject to the availability of funds and based upon a three (3) month performance review conducted by the Department. Performance of work must be in accordance with the provisions of Attachment A-2, Scope of Work. The Recipient will be reimbursed for 23% of the total cost of Materials, Labor and energy related Health and Safety measures as a Fee for Service based on monthly completion of units. Based on the Fee for Service amount, the total cost of Materials, Labor and the Health and Safety total, the Recipient may charge 7% for Administration as explained in the provisions of Attachment A-l, Fee for Service Summary and Detail. Administration may not exceed 7% of the total amount of the Agreement. If the Recipient has failed to meet the performance requirements of the Fee for Service and Scope of Work, Attachments A-1 and A-2, of the Agreement, the Department may upon written notice to the Recipient, decrease the funding amount under this Agreement. The decrease will be effective upon receipt of notice by the Recipient. (c) Any advance payment under this Agreement is subject to s. 216.181 (14), Flu, Star.. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months, based upon the funds being equally disbursed throughout the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A- 122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the data on which the request is based and a justification statement shall be included in this Agreement as 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. Y~X No advance payment is requested. 2. __ An advance payment of $ is requested. (d) Affer the initial advance, if any, payment shaft be made on a monthly reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Fee for Service and Scope of Work, Attachments A-1 and A-2 of this Agreement. (e) 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. (f) 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. (g) 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 wdtten execution by both parties or on the date set by the Department. 8 (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 shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of this 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, Fla. Stat.. (e) The Department of Community Aftairs 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 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 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 I NA 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, PATENTAND 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. · nature Bureau of Community Assistance Larry A. DAle Name (typed) Mayor Title (typed) ~//~)at~ ~t/:~ 59-6000425 Federal Identification Number SAMAS ~ 10 ATTACHMENT A-q FEE FOR SERVICE SUMMARY AND DETAIL REPORTING INSTRUCTIONS (WAP-LIHEAP) BWR MATERIAL AND LABOR TOTALS MUST EQUAL THE AMOUNTS SHOWN ON THE FSR From Financial Status Report: CURRENT MONTH TOTAL TO DATE 1. a) Material (Total from BWRS) b) Labor (Total from BWRS) 2. Health & Safety - $300 maximum per unit (Material & Labor for energy-related hazards only) 3. Total of Lines la, lb & 2 (current month column) 4. Fee for Service (Line 3 X 23%) 5. Total of Line 3 & Line 4 (current month column) 6. Administration (Line 5 X 7%) 7. Comprehensive Annual Audit 8. Training & Technical Assistance I 9. Totals (Current Month &Total to Date Columns) I REPORTING INSTRUCTIONS 1. a) MATERIAL: Total materials installed on the units submitted for allowable weatherization measures. b) LABOR: Total labor tied to the installation of materials on the units submitted. (This does not include pre and post blower door labor, inspections, intake etc.) 2, HEALTH AND SAFETY (ENERGY-RELATED HAZARD MEASURES ONLY): This category must be reported separately. This is for material and labor (other than weatherization material & labor) to abate energy-related health and safety hazards. Maximum amount allowable is $300 per unit. 3. TOTAL OF LINES la, lb AND 2: This the amount used for calculating the Fee for Service. 4. FEE FOR SERVICE (LINE 3 X 23%): This amount will be based on the total of material and labor, energy related health and safety measures spent for units completed monthly.. Liability Insurance and costs that were program support will be incorporated into the Fee for Service (FFS). 5. TOTAL OF LINE 3 AND LINE 4: This is the amount used for calculating the monthly administration amount. 6. ADMINISTRATION (LINE 5 X 7%): This can only be earned monthly, based on the total of material, labor, health and safety and Fee for Service. 7. COMPREHENSIVE ANNUAL AUDIT: This is for the pro rata share of the agency audit charged to each program. The Recipient must not bill in excess of 1/12th of the cost of the audit in any single month. 8. TRAINING AND TECHNICAL ASSISTANCE: This is for the Department of Community Affairs sponsored or approved workshops only. Travel will not be reimbursed for any other purpose without prior written approval from the Department. 9, TOTALS (CURRENT MONTH & TOTAL TO DATE COLUMNS): Add these columns and enter the totals on this line. 11 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 foltowing 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 air eligible clients in the counties to be served. The names of the counties to be served are listed below: Seminole B. Evaluating the needs of each residence following the National Energy Audit (NEAT) and supplemental department and federal Department of Energy guidelines; and completing work write-ups describing in detail the needed improvements on each dwelling. Each unit must be evaluated with a walk-around inspection package, visual observation and measurements, blower door tests and monoxer tests. This information will be entered into the NEAT computer program which will generate a print-out of recommended measures to be performed. This print-out sheet will separate the measures by Air Infiltration Reduction Items, Savings to investment Ratio (SIR), and Cost of materials and labor to perform the measures. The Department also requires that the following measures be installed on every unit receiving energy conversation measures; low flow showerhead, water heater blanket, water line insulation and air filters for heating and cooling units. ~ C. Three (3) months after the execution date of this Agreement, the Department will conduct a performance review based upon the first three (3) months of production and expenditures. The Department will conduct other reviews as necessary to adjust funding. At the three (3) month performance review, the Recipient must have expended, following program guidelines, at least twenty-five (25) per-cent of the available funds in Article (16) FUNDiNG/CONSIDERATION. tf the Recipient has not expended the required amount, the Department may, 'at its discretion, decrease the available funds in Article (16)FUNDING/CONSIDERATION or 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. 12 ATTACHMENT B-t 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 XXVt 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. 98- 294); and Chapter 163, Fla. Stat. B. Aft federal statutes relating to nondiscrimination including but not limited to: 1. Title VI of t~e Civil Rights Act of 1964 (Pub. L. 88-352) which prohibits discrimination on the basis of race, color or national origin; 2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; 4. The Age Discrimination Act of 1975, as amended (42 U.S.C, 6101- 6107), which prohibits discrimination on the basis of age; 5. The Drug Abuse 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.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to non- discrimination in the sale, rental or financing of housing; and 9. The requirements of any other nondiscrimination statute(s) which may apply to the Weatherization Assistance Program. 10. The Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. Sections 12101 through 12213). C. Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 C.F.R. 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. 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Jou 1! aeql!eu leql seg!lJeo lue!d!oe~J 8ql '(~] x!pueddV) 0~,g'g~0~ 1Jed '=1 :uedqng '~J'=t'O 0~, ql!M egue!ldwoo uI '9 ('has 18 ~-e6g~ '3'S'A g~,) ~,Z6~ to 1or uop, eAJesejd o!jols!H pue ieo!6oloeeq:>JV eql pue '(se!lJedojd o!Jols!q ~o uo!loBloJd pue uo!legg!luep!) £6g ~ !, O3 '(0L~ 'c)-s'rl g~) pepueuje se '996 ~ ~o 10v 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 comptainfJappeal 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. 15 A'FI'ACHMENT 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. slueLu9J!nbe~ I8u°!l!ppV oN 0 J.N:JINHOVJ--LV 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 and inspected. The Building Work Report package shall consist of a signed, dated copy of the BWR, a copy of the NEAT printout sheet and a completed client intake form. Failure to submit all required monthly reports as outlined above shall constitute grounds for suspension or termination of this agreement. Each quarter, a WAP/LIHEAP Household Quarterly Report must be submitted. 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 stamped in by Department staff. Each report form shall be ., signed by the Recipient's designated agent. ATTACHMENT E FEDERAL LOBBYING PROHIBITIONS The Recipient certifies, by its signature te 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 far 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 agreement, the undersigned shaft 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 $10,000 and not more than $100,000 for each such failure. nt:' ~// Mayor 19 ATTACHMENT F COPYRIGHT, PATENT AND TRADEMARK A. If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and 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 pro-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under paragraph B, have the right to all patents and copyrights which occur during performance of the Agreement. 20 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 weathedzed during the first three months ................. 2. Average projected expense for each house .....................................................$ 3. Total of line 1 X line 2 .......................................................................................$ 4. Total of line 3 X 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. B. In the space below provide a concise explanation of the need for this advance. 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 subrecipients and 10 C.F.R. 600.119 for non-profit Recipients and relevant state and local laws applicable to the procurement of supplies, equipment, construction, and services. B. The Recipient shall comply with property management standards for non-expendable property equivalent to 10 C.F.R. 600.432 for local government Recipients and 10 C.F.R. 600.117 for non-profit Recipients. 22 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 filing of the contract, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief executive to act in connection with the agreement and to provide such additional information as may be required. B. The Recipient, in performing the requirements of this agreement shall comply with applicable laws, rules, regulations, ordinances, and codes of the federal, state and local governments. The Recipient shall ensure that subcontractors possess proper, current state and local licenses to perform the services. C. Units of local government, Indian tribes and non-profit organizations shall secure and maintain such insurance as may be necessary for protection from claims under Workeds Compensation Acts and from claims for bodily injur~, death, or property damage which may arise from the performance of services .,. under this Agreement. D. Priority in selection of clients will be given to the elderly and the disabled. E.The Recipient shall give priority to units served in order of preference as follows: 1. single family owner occupied units, 2. single family tenter occupied units in buildings up to five units, 3. multi-family units (5 units or more per building), with 10% owner participation, 4. multi-family units (5 units or more per building), without owner participation in , cases where the landlord can document an inability to pay the required 10%. F. To the maximum extent practicable, the use of services provided under this Agreement shall be coordinated with other Federal, State, local, or privately funded programs in order to improve energy eff~ciency and to conserve energy. G. The Recipient will permit attendance by the department's representatives at any meetings of the Recipients Board of Directors, executive committee or legislative body. H. The Recipient will permit on-site program evaluation by the Florida Energy Office, the Department of Energy, the Department's field representative and by technical assistance groups assigned by the Department. The Recipient will also allow inspection, verification, and audit of financial transactions and records by staff or agents of the department, the Comptroller's Office, legislative or federal auditors, and Department of Energy personnel. I. In order to ensure that no undue or excessive enhancement takes place on renter occupied units, the " Recipient shaft 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 parficipatjon 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 tandlord's commitment and legal responsibilities wilt be executed after pro-inspection and work determination has been completed and prior to work beginning on the unit. 23 J. The Recipient will not use funds provided under this contract to supplant other federal, state or local funds. K. All non-profit Recipients will maintain a fidelity bond indemnifying against losses resulting from the fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a position of trust. The amount of the bond must be no less than one-fourth of the total amount of this Agreement. L. All work ordered, completed and paid for from these grant funds must be directly related or incidental to the Scope of Work (Attachment A-2) 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 according to.the Department of Energy 10 C.F.R, part 440 guidelines using the National Energy Audit (NEAT) or other audits required by the Department on all units receiving weatherization services. 24 ATTACHMENT K Special Conditions 26 ATTACHMENT L RECIPIENT INFORMATION FORM Please complete all information applicable to your organization. A. RECIPIENT CATEGORY: ( ) County Government (X]t 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 o£ Sa~£ord 2, WARRANT WILL BE MAILED TO THIS ADDRESS UNLESS OTHERWISE INDICATED: Recipient's mailing address: P.O. BOX 1788 City: Sanford Zip Code: 32772-1788 Telephone:~0..~7) 330-5665 FAX Number:~0_Z7) 330-5677 3. Street Address (if different from above): 300 N, Park Avenue Sanford, FL 32771 4. Chief Official/Executive Director: Larry A. Dale Mayor (Name) (Title) 5. Official to receive state warrant: Larry A. Dale Mayor (Name) (Title)'. 6. Program Director/Coordinator: Charles A. Rowe Direc~br o~ Community Development (Name) (Title) 27