897-Weatherization Grantnevised08-16-01 ContraCt Number: 02AL-1B-06-69-02-029
WAP-CFDA Number 81.042
WAP/LH-CFDA Number 93.568
LEHRP-CSFA Number 52.015
COMPREHENSIVE WEATHERIZATION PROGRAM GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tafiahassee, 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 under the following
programs:
Weatherization Assistance Program (WAP) -'~
Weatherization/Low-income Home Energy Assistance Program (WAP/LIHEAP)
Low-income Emergency Home Repair Program (LEHRP); and .=..
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B. WHEREAS, the Department has received these grant funds from the federal government
and the State of FIodda and has the authority to subgrant these funds to 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-1.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties or, September 30, 2001,
whichever is later, and shall end on September 29, 2002, 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 days after receipt of the Agreement by the
Recipient. The Department has no obligation to enter into this Agreement affer that time.
(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 wdting, 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 Depadment
at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with § 215.34(2), Fla. Star., if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(5) RECORDKEEPING
(a) As 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 High
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
pedod 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 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, 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" 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 procuremerit under
this Agreement are set forth in Attachment F.
(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with a client intake form,
building work report, monthly summan/form, monthly financial report, quarterly household assistance
report (VVeatherizationlLow-income Home Energy Assistance Program only), and a close-out report
2
(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) Quarterly reports for the Weathedzation/Low-income Home Energy Assistance
Program are due no later than 30 days after the end of each quarter of the program year and shall
continue to be submitted each quarter until submission of the administrative close-out report. The
ending dates of each quarter of the program year are Mamh 31, June 30, September 29, and December
31.
(d) The close-out report is due 45 days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
(e) If all required reports and copies, prescribed above, are not sent to the Department
or are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days
after written notice by the Department. "Acceptable to the Departmenf' 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.
(f) Upon reasonable notice, the Recipient shall provide such additional program updates
or information as may be required by the Department.
(g) 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 Serifice 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 AgreemenL
(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 adsing out of the
performance of work under this agreemenL For purposes of this agreement, the 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 to the extent set forth in Section 768.28,
Fla. Star, for any damages proximately caused by said acts or omissions. Nothing heroin 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 Flodda to be sued
by third parties in any matter adsing out of any contract
(9) DEFAULT; REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this Agreement as a result of action
by Congress, the State Legislature. the Office of the Comptroller or the Offi.ce of Management and
Budgeting, or if any of the following events occur (''Events of Default"), all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects,
terminate and the Department may. at its option, exercise any of its remedies set forth heroin, but the
Department may make any payments or parts of payments after the happening of any Events of Default
3
without thereby waiving the dght to exercise such remedies, and without becoming liable to make any
further payment:
1. If any warrant,/or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
2. If any matedal adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of
the services required under the Fee for Service and Scope of Work attached hereto as Attachments A-1
and A-2.
(b) Upon the happening of an Event of Default, then the Department may, a.t 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
heroin or othem/ise 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) heroin;
2. Commence an appropriate legal or equitable action to enforce performance
of this Agreement;
3. Withhold or Suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more sedous measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
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. Exemise any other rights or remedies which may be otherwise available
under law;
(c) The Department may terminate this Agreement for cause upon such wdtten 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
matedal subject to disclosure under Chapter 119, Fla. Stat., as amended.
(d} Suspension or termination constitutes final agency action under Chapter 120, Fla.
Star., as amended. Notification of suspension or termination shall include notice of administrative
hearing dghts and time frames.
(e) In addition to other remedies set forth herein, the Recipient shall return funds to the
Department if it is found that any funds were used for ineligible purposes under the program laws, rules,
and regulations governing the use of the funds under the relevant program.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Not~vithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of this 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 notificefien attached to the odginal of this Agreement.
(b) The'name and address of the Department contract manager for this Agreement is:
Mr. Norm Gempel
Department of Community Affairs
Division of Housing and Community Assistance ' '
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahassee, Flodda 32399-2100
Telephone: (850) 488-7541
Fax: (850) 488-2488
Email: norm.clempel(~.dce.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Charl~ A ~owe
P fl. BOX 1788
Sanford, Flnr~d~ ~7772~1788
Telephone: (4('}7) 3~n-q~65
Fax: (407) 330-5677
Emafi: Rnw~,r@Ci .sanford,fl ,us
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (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 orprovided by the Recipient in this Agreement/in
any subsequent submission or response to Depadment request, or in any submission or response to
fulfill the requirements of this Agreement, and such information, representations, and materials am
incorporated by reference. The lack of accuracy thereof or any matedal changes shall, at the option of
the Department and with thirty (30) days wdtten 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 prov'mion hereof is in conflict
with any applicable statute or rule, or is otherwise Unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) Nowaiver by the Department of any right or remedy grented hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other dght or
remedy of the Department hereunder, or affect the subsequent exemise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.}, if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, 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 cdme or on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a pedod of 36 months from the date of being placed on the convicted vendor
or Initial discriminatory vendor list.
(g) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity cdme or on the discriminatory vendor list may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with a public entity, and may not transact
business with any public entity in excess of Category TwO for a pedod of 36 months from the date of
being placed on the convicted vendor list.
(h) With respect to any Recipient which is not a local government or state agency, and
which receives funds under this Agreement from the federal government, the Recipient certifies. to the
best of its knowledge and belief. that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a three-year pedod preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal. state or local)' transaction
or contract under public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bdbery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. are not presently indicted or otherwise cdminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
11 (g)2. of this certification; and
4. have not within a three-year period preceding this agreement had one or
more public transactions (federal. state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in,this certification, such
Recipient shall attach an explanation to this Agreement.
6
(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 Fdday.
(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 ewarded under
this Agreement.
(d) In the event that the Recipient expends $300,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the
provisions of OMB Circular A-133, as revised. In determining the Federal awards experttied in its fiscal
year, the Recipient shall consider all sources of Federal awards, including Federal funds received from
the Department. The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted
by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, wi!l meet the
requirements of this part.
th connection with the above audit requirements, the Recipient shall fulfill the requirements
relative to audit responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, es revised, is not required. In the
event that the Recipient expends less than $300,000 in Federal awerds in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost
of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from
Recipient funds obtained from other than Federal entities).
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreements and other revenue by sponsoring agency and
Agreement number.
3. Copies of audit reports for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directfy to each of the
following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Flodda 32399-2100
and
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Flodda 32302-1450
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised
(the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should
be submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10u~ Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with
Sections ,320 (e) and (f), OMB Circular A-133, as revised.
4. In the event that a copy of the audit report for an audit required by
subparagraph (d) above and conducted in accordance with OMB Circular A-133, as revised, is not
required to be submitted to the Department for the reasons pursuant to Section .320(e)(2), OMB Circular
A-133, as revised, the Recipient shall submit the required wdtten notification pursuant to Section
.320(e)(2) and a copy of the Recipient's audited schedule of expenditures of Federal awards directly to
the address below. Pursuant to Section .320(0, OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised,
and any management letters issued by the auditor, to the Department at the following program address:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(e) In the event that the Recipient expends a total amount of State awards (i.e., State
financial assistance provided to a recipient to carry out a State project) from all state sources equal to or
in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or
project-specific audit for such fiscal year in accordance with Section 215.97, Flodda Statutes; and
applicable rules of the Executive Office of the Governor and the Comptroller,
In determining the State awards expertdeal in its fiscal year, the Recipient shall consider all
sources of Recipient State awards, including State funds received from the Department. except that
State awards received by a nonstate entity for Federal program matching requirements shall be
excluded from consideration. The funding for this Agreement was received by the Department as a
Grant and Aid appropriation.
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including ccrrective actions to be taken.
2. The annual financial audit report shall include a schedule of finandal
assistance specifically identifying all Agreements and other revenue by sponsoring agency and
Agreement number.
3. The complete financial audit report, including all items spedfled in (12)(e) 1
and 2 above shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Flodda 32399-2100
and
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, FIodda 32302-1450
5. In connection with the audit requirements addressed in (e) above, the
Recipient shall ensure that the audit complies with the requirements of Section 215.97, Florida Statutes.
This includes submission of a reporting package as defined by Section 215.97, Florida Statutes.
6. If the Recipient expends less than $300,000 in State awards in its fiscal year,
an audit conducted in accordance with the provisions of Section 215.97, Flodda Statutes, is not required.
In the event that the Recipient expends less than $300,000 in State awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of SeCtion 215.97, Florida Statutes, the cost
of the audit must be paid from non-State funds (i.e. the cost of such an audit must be paid from
Recipient funds obtained from other than State entities).
(f) tn 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.
(g) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to
the expiration of the three-year pedod, the records shall be retained until the litigation or audit.findings
have been resolved.
(h) 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. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above.
(i) The audit is due seven (7) months after the end of the fiscal year of the Recipient or
by the date the audit report is issued by the state Auditor General, whichever is later.
(j) An audit performed by the State Auditor General shall be deemed to satisfy the
above audit requirements.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the
subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor
shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(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 Allowable Program Activities
Attachment C Record Keeping
Attachment D Reports
Attachment E Advance Request Information
Attachment F Property Management and Procuremerit
Attachment G Statement of Assurances
Attachment H County Allocations
Attachment I Special Conditions
Attachment J Recipient Information Form
(16) FUNDING/CONSIDERATION
(a) This is a performance based cost-reimbursement Agreement. The Recipient shall
be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to
exceed a total of $ 84,247 subject to the availability of funds. The total of funds shall be subdivided and
reimbursement of costs shall be limited to the amount indicated below for each Program and its
attendant Control Reference Number (CRN) for the indicated time frame.
Weatherization Assistance Program: CRN 02-WX-1B-06-69-02-029 Amount $ 25,697
(September 30, 2001 through March 31,2002)
Weathedzation Low-Income Home
Energy Assistance Program: CRN 02LH-90-06-69-02-029 Amount $ 26,281
(September 30, 2001 through September 29, 2002)
Low-Income Emergency
Home Repair Program: CRN 02LE-35-06-69-02-029 Amount $ 32,269
(September 30, 2001 through September 29, 2002)
Performance of work for each of the above listed programs must be in accordance with the provisions of
Attachment A-2, Scope of Work. The amount expanded in each county shall approximate as closely as
possible the amounts listed for each county in Attachment L
WAP AND WAP/LIHEAP ALLOWABLE FEE FOR SERVICE AND ADMINISTRATION COSTS:
The Recipient will be reimbursed for thirty percent of the total cost of Materials, Labor and energy related
Health and Safety measures for the Weatherization Assistance Program (WAP) and the Weatherization
Low-income Home Energy Assistance Program(WAP/LIHEAP) 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 the Weatherization Assistance Program ten percent
and the Weathedzation Low-income Home Energy Assistance Program seven percent for Administration
as explained in the provisions of Attachment A-l, Fee for Service Summary and Detail. Administration
may not exceed ten percent or seven percent of the amount of the agreement for these two programs,
respectively as indicated in the subdivided amounts noted above.
LEHRP ALLOWABLE FEE FOR SERVICE AND ADMINISTRATION COSTS:
The Recipient will be reimbursed for ten percent of the total cost of Materials, Match and Labor for the
Low-income Emergency Home Repair Program (LEHRP) as a Fee for Service based on monthly
completion of units. Based on the Fee for Service amount, the total cost of Materials and Labor, the
Recipient may charge the Low-Income Home Emergency Repair Program ten percent for Administration
as explained in the provision of Attachment A-1 Fee for Service Summary and Detail. Administration
may not exceed ten percent of the amount of the agreement for this program as indicated in the
subdivided amount noted above.
If the Recipient has failed to meet the performance requirements of the Fee for Service Scope of Work,
Attachments A-1 and A-2, of the Agreement, the Department may unilaterallly, upon wdtten notice to the
:].0
Recipient, decrease the funding under this Agreement. The decrease will be effective upon receipt of
notice by the Recipient in accordance with Paragraph 10 of this Agreement.
(b) Any advance payment under this Agreement is subject to s. 216.181 (16), Florida
Statutes. The amount which may be advanced, based upon the funds being equally disbursed
throughout the contract term, may not exceed the expected cash needs of the Recipient within the first
three(3) months for each of the programs noted in subparagraph 16(a)of this Agreement. Fora
federally funded program, 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 the amount of the request for each of the three programs shall
be included in this Agreement as Advance Request Information, Attachment E.
1. No advance payment is requested. X
2. Advance payments are requested as follows:
a. Weathedzation Assistance Program $
b. Weatherization Low-Income Home Energy
Assistance Program $
c. Low-Income Emergency Home Repair Program: $
Total Advance .$
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Fee for Service and Scope of
Work, Attachments A-1 and A-2 of this Agreement.
(d) Any grant funds not expended for the agreed service and in accordance with the
program budget shall be considered Department funds and shall be returned by the ReCipient to the
Department within forty-five (45) days following the Agreement termination date or the date se~ by the
Department.
(e) Provision of funding under this Agreement shall not be construed as a guarantee of
future or subsequent funding under any of the programs. The perbrmance by the Department under
this Agreement, and any amendments to this Agreement, shall be subject to and contingent upon the
availability of moneys lawfully appropriated to the Department and applicable for the purpose of this
Agreement.
(f) The Department or the Recipient may request modifications to this Agreement.
Acceptable changes shall be incorporated in writing as modifications to this Agreement. All requests for
modifications submitted to the Department for approval must include a narrative description of the
proposed changes and their effect upon the approved scope of services. Modifications require a
minimum of thirty (30) days to process from the time of receipt by the Department and are only effective
upon the date of written execution by both pardee or on the date set by the Department,
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Flodda's parformanca 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 AgreemenL There shall be only one extension of
this Agreement unless the failure to meet the cdteria 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 bitls for any travel expenses shall be
submitted in.accordance with s. 112.061, Fla. Stat.
(e) The Department of Communit,J Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla~ Star., and made or received by the Recipient in
conjunction with this 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 ("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 unilatere!
cancellation of this Agreement by the Department.
(18) LOBBYING PROHIBITION.
(a) No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Flodda Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan. the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a matedal 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. Cede. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(19) 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.
(20) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment G.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
by their undersigned officials as du~y authorized.
Recipient: STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Division of Housing and Community Development
Brady Lessard, Mayor
Title
Date: /Z;>/l { i/; I Date:
FID # 59-6000425 SAMAS #
ATTACHMENT A-I
FEE FOR SERVICE SUMMARY AND DETAIL REPORTING INSTRUCTIONS
BWR MATERIAL AND LABOR TOTALS MUST EQUAL THE AMOUNTS SHOWN ON THE FSR
From the Financial Status Report (FSR)
for WAP, WAPILIHEAP and LEHRP CURRENT MONTH TOTAL TO DATE
1. a) Material (Total from BWRs) (Separate per program)
b) Labor (Total from BWRs)
(Separate per program)
2. Health and Safety- $300 maximum per unit for
Material & Labor to repair energy-related hazards.
(Applies to the WAP and WAP/LIHEAP)
or
Match Contribution for current month (from BWRs)
(Applies to the LEHRP )
3. Total of Lines la, lb, & 2 (Applies to each program)
4. Fee for Service:
(Line 3 X 30% for WAP and WAP/LIHEAP)
or
(Line 3 X 10% for LEHRP )
5. Total of Lines la, lb, 2 & 4 (current month column)
(Applies to each program)
6. Administration
(Line 5 X 10% for WAP and LEHRP)
or
(Line 5 X 7% for WAP/LIHEAP)
7. Comprehensive Annual Audit
(Applies to each program)
8. Training & Technical Assistance
(Applies to the WAP and WAP/LIHEAP)
9. Totals (Current Month & Total to Date Columns)
(This would be line 8 on the LEHRP FSR)
NOTES:
FOR MONTHLY REPORTING, THERE ARE STILL SEPARATE FSR's FOR EACH PROGRAM.
THESE FORMS WILL BE PROVIDED IN THE FORMS PACKET.
E] ONLY THOSE HOMES IN WHICH ALL WORK HAS BEEN COMPLETED, FINAL INSPECTION PERFORMED
AND SIGNED OFF BY THE CLIENT AND INSPECTOR, MAY BE REPORTED AS COMPLETED.
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 line 2 category appears
only on the W AP and the WAP/LIHEAP FSR's and 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.
or
MATCH CONTRIBUTION (Current Month): This line 2 category appears only on the LEHRP FSR and
must be reported separately. Match should be reported monthly. Match is required and in the aggregate
reported cannot exceed nor be less than 20% of total expenditures for the Agreement period.
3. TOTAL LINES la, lb, and 2: This is the amount used for calculating the Fee for Service.
4. FEE FOR SERVICE:
(LINE 3 X 30% for the WAP and WAPILIHEAP) This amount will be based on the total of material, labor,
and 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).
or
(Line 3 X 10% for the LEHRP) This amount will be based on the total of material and labor and the eligible
match contribution spent for units completed monthly.
5. TOTAL OF LINE 1 a, I b, 2 AND LINE 4: This is the amount used for calculating the monthly administration
amount for the WAPand the WAP/LIHEAP.
or
TOTAL OF LINE la, lb, and LINE 4: This is the amount used for calculating the monthly administration of
the LEHRP.
6. ADMINISTRATION (LINE 5 X 10%): This can only be earned monthly and is based on the total of material,
labor, plus line 2 (health and safer'/in the WAP, or match in the LEHRP) and the Fee for Service.
or
ADMINISTRATION (LINE 5 X 7%): This can only be earned monthly, based on the total of matedal,'labor, ·
health and safety and Fee for Service for the WAPILIHEAP.
7. COMPREHENSIVE ANNUAL AUDIT: This is for the pro rata share of the agency audit charged to each
program. The Recipient must not bill in excess of 1/12th of the cost of the audit in any single month.
8. TRAINING AND TECHNICAL ASSISTANCE: Equipment, travel for training, workshops or conferences will
not be reimbursed without prior written approval from the Department. (This line item is only allowed in the
WAP and WAP/LIHEAP, it is not on the LEHRP FSR.)
9. TOTALS (CURRENT MONTH & TOTAL TO DATE COLUMNS): Add these columns and enter the totals on
this line. (This is line 8 on the LEHRP FSR.)
ATTACHMENT A-2
SCOPE OF WORK
WEATHERIZATION ASSISTANCE PROGRAM
and
WEATHERIZATIONILOW-INCOME HOME ENERGY ASSISTANCE PROGRAM
tn 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 in the counties
listed in Attachment I. The Recipient will be responsible forthe 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 ~e served.
B. Evaluating the needs of each residence following the National Energy Audit (NEAT) and
supplemental Department and federal Department of Energy guidelines; and completing work write-ups
describing in detail the needed improvements on each dwelling. Each unit must be evaluated with a
walk-around inspection package, visual observation and measurements, blower door tests and monoxer
tests. This information will be entered into the NEAT computer program which will generate a print-out
of recommended measures to be performed. This print-out sheet will separate the measures'by Air
Infiltration Reduction Items, Savings to Investment Ratio (SIR), and Cost of materials and labor to
perform the measures. The Department also requires that the following measures be installed on every
unit receiving energy conversation measures; low flow showerhead, water heater blanket, water line
insulation and air filters for heating and cooling units.
C, Supervising, monitoring and ensuring the quality of all work by staff, volunteers and subcontractors.
D, Providing a final inspection and certification of all work by an employee of the Recipient not directly
responsible for the work to evaluate the quality and completeness of the job.
E, Providing the Department with documentation and reports as required by this Agreement as well as
other information related to this project as may be specified by the Department.
SCOPE OF WORK
LOW-INCOME EMERGENCY HOME REPAIR PROGRAM
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 in the counties
listed in Attachment I. The Recipient will be responsible for the following activities:
A. Soliciting, identifying and qualifying low-income residents within the Recipient's identified service
area with the need and desire for energy conservation assistance. The Recipient will make the services
provided for under this contract available to all eligible clients in the counties to be served.
The names of the counties to be served the amount allocated to each are listed below:
B. Supervising, monitoring and ensuring the quality of all work by staff, volunteers and subcontractors.
Providing a final inspection and certification of all work by an employee of the Recipient not directly
responsible for the work to evaluate the quality and completeness of the job.
C. Providing the Department with documentation and reports as required by this contract as well as
other information related to this project as may be specified by the Department.
D. The Recipient shall provide services to qualifying low-income persons for the purposes stated herein.
The following dwelling units are eligible:
(1) A dwelling unit that is occupied by an individual or family that is low-income as defined in
Rule 9B-57,001, F.A.C.
(2) Recipient may make repairs to buildings containing rental units occupied by persons eligible
for assistance under Rule 9B-57.011 F.A.C., where;
(a) Recipient has obtained the wri.tten permission of the owner or his/her agent;
(b) Not less than 66 percent (50 percent for duplexes and four-unit buildings) of the
dwelling units in the building:
1. Are eligible dwelling units, or
2. Will become eligible dwelling units within 180 days of completed repairs.
(c) The Recipient agrees to establish procedures to ensure that:
1. Rents shall be not be raised because of the increased value of dwelling units
due solely to the work provided under this program for a period of one year from the date of completion
of all repair work;
2. No undue Or excessive enhancement will occur to the value of the dwelling
units;
3. All landlords participating in the program are encouraged to provide a match
contribution of labor and/or material equal to at least 25 percent (25%) of the total value of the labor and
material to be completed on the building including these grant funds and any other match funds; and
4. No more than five units owned by a specific landlord may participate in the
program during any program year, unless the landlord contributes at least 25 percent (25%) match as
defined in c. above. The landlord's contribution may be waived or reduced if the landbrd can document
that he/she cannot afford to provide match..
5. The Recipient must disclose in the grant contract, pdor to beginning work, its
intent to provide assistance to any unoccupied units or units planned for resale within one year after the
work is completed. The Department may request additional information on the units to assure that the
work done on the units will benefit eligible low-income people. If satisfactory proof cannot be provided,
the Department will not qualify these units as eligible for the program. If such units are provided service
without Department approval, all program funds expended on the unit will be disallowed and the grantee
will be required to return the funds to the Department
E. The following types of units are not eligible for the program:
(1) Publicly owned rental units.
(2) Units planned for demolition within one year after work is completed.
(3) Units under litigation or subject to impending legal action.
F. The following activities may be paid for with grant funds or the value of such activities may be
accepted as match for the grant:
(1) Identifying low-income residents. completing work write-ups, and negotiating contracts for
work to be done on the dwelling;
(2) Leveraging grant funds and community partnership development;
(3) Supervising and monitoring contractors and volunteers;
(4) Providing the Department with documentation and reports;
(5) Coordinating projects with housing assistance agencies and service proriders;
17
(6) Attending Department sponsored or approved workshops, meetings or training sessions;
(7) Purchasing instructional or educational materials to train volunteers or staff for this program;
(8) Purchasing building material, tools, equipment, material and labor.
G. Recipient's administrative expenses may not exceed ten percent (10%) of the total grant funds.
H. The Recipient agrees to comply with program parameters which have been established to assist low-
income persons, particularly the elderly and persons with disabilities, to make emergency repairs to their
housing units that will preserve and protect the health and safety of their living environment. Recipient
agrees to limit persons eligible for assistance under this program to those persons who are at or below
125 percent (125%) of the poverty level as specified annually in the federal Office of Management and
Budget Poverty Guidelines; or that dwelling units to be assisted under LEHRP is occupied by a
permanent resident who has received cash assistance payments under Title IV or XVI of the Social
Security Act or applicable state or local law at any time during the 12-month period preceding the
determination of eligibility for assistance under the LEHRP. The Recipient agrees to establish
procedures to ensure that eligible persons over 60 years of age and eligible persons who are physically
disabled shall be given pdodty in the program.
I. The cost of labor and material for repairs provided under this Agreement shall be at least $300 per
house over the life of the Agreement, and shall average no more than $2.000 per house,
J. Work conducted under this program must comply with the Department installation standards and all
applicable laws, rules, regulations, ordinances, and codes of the state and local governments.
A'R'ACHMENT B-1
PROGRAM STATUTES AND REGULATIONS
WEATHERIZATION ASSISTANCE PROGRAM
and
WEATHERIZATIONILOW-INCOME HOME ENERGY ASSISTANCE PROGRAM
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 Y~XV] of Pub. L. 97-35 (Low-Income Home Energy Assistance
Act of 1981); Title II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96-619);
Title V, Subtitle E, of the Energy Security Act of 1981 (Pub. L. 96- 294); and Chapter 163, Fla. Star.
B. All federal statutes relating to nondiscrimination including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) which prohibits discrimination on the basis
of race, color or national origin;
2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973. as amended (29 U.S,C. 794), which prohibits
discrimination on the basis of handicaps;
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits
discrimination on the basis of age;
5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92- 255), as amended, relating to
nondiscrimination on the basis of dru9 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 Actor 1912 (42 U.S.C. 290 dd-3 and 290
ee-3), as amended, relating to con~dentiality of alcohol and drug abuse patient records;
8. Title VIII of the Civil Rights Act of 1968 (42 U.8.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.SC. 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 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 debarmerit, 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, "Debarment and Suspension." The contractor may not make any
subcontract to a debarred or suspended party. A current listing of such parties is maintained by the
Department for review.
N. Before beginning work on any dwelling, the Recipient shall have:
1. D~cumentati~n~fc~ientinc~mee~igibi~ityinacc~rdancewiththem~strece~tfederai~yestab~ished
Poverty Income Guidelines. Client income verification must be conducted within 180 days pdor to
the date the work begins.
2. Documentation of authorization from the owner of the dwelling or his authodzed agenfL
3. Documentation of prcofof ownership.
4. Agreement with the owner of rental property assudng 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 am not applied against the Department's obligation to
pay shall be returned to the Department at the time of submission of the final close-out report,
P, PROGRAM INCOME: Recipient may apply net program income, after costs incident to the
generation of gross program income are deducted, excluding interest income, to meet matching
requirements, or may repmgram it for eligible program activities in accordance with Rule Chapter 913-24,
Flodda Administrative Code, The amount of program income and its disposition must be reported to the
Department at the time of submission of the ~nal close-out report Expenditure of program income
balances at contract end must be approved by the Department.
Q. A written appeal system must be adopted by the Board of Directors of the Recipient, posted in the
Recipient's agency, and provided in writinq to those apptvincl for services.
In the event of a complaint/appeal, the complaint/appeal shall first be heard by the:
Commun i t.y Bevel o Dment Di rector (Title of Position).
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be
heard by: City Manaqer (Titleof Position).
Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing will be held
by: City Commi s s i on (Committee or Full Board).
All complaints received by the Department will be referred to the Recipient.
PROGRAM STATUTES AND REGULATIONS
LOW-INCOME EMERGENCY HOME REPAIR PROGRAM
Both the Recipient and the Department shall be governed by applicable laws and rules, including but
not limited to:
A. Rule Chapter 9B-57. F.A.C., and s.420.36, Fla. Star.
B. The Recipient may temporarily invest LEHRP grant funds, but any interest income shall be returned
to the Department at the time of submission of the final close-out report.
C. The Recipient may apply program income, excluding interest income, to eligible program activities in
accordance with Rule Chapter 9B-24, F.A.C.
D. Before beginning work on any dwelling, the Recipient shall have:
(1) Documentation of client income eligibility in accordance with the most recent federally
established Poverty Income Guidelines. Client income verification must be conducted within 180 days
prior to the date the work begins.
(2) Documentation of authorization from the owner of the dwelling or his authorized agent.
(3) Documentation of proof of ownership.
(4) Agreement with the owner of rental property assudng compliance with Rule 9B-57.
E. The Recipient must provide a match equal to twenty percent (20%) of the funds expended under this
Agreement. Match more than this amount may not be claimed. Match can only be claimed when it is
used, not when it is received by the Recipient, Match may be either cash or non-cash donations as
defined in Rule 9B-57.001 F.A.C.
F. Loans and federal grant funds made to the Recipient or the homeowner are not acceptable match.
G. Personnel services counted as match or paid out of these grant funds must be directly related to
allowable program activities.
H. This Agreement must be signed by the Recipient, and the specified number of complete, acceptable
and executed copies returned to the Department on or before 45 calendar days after initial receipt of the
contract by the Recipient. Failure to comply within said 45 days shall be grounds for the Department to
withdraw this offer.
I. A wdtten appeals system must be adopted by the board of directors of the Recipient, posted in the
Recipient's agency, and provided in wdtinQ to those aDplvino for services.
In the event of a complaint/appeal, the complaint/appeal shall first be heard by the
Communi t,y .Development Di rector
(Title of Position)
Should the first designated party be unable to resolve the difficu!ty, the second complaintJappeal 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.
A'I'FACHMENT B-2
ALLOWABLE PROGRAM ACTIVITIES
LOW-INCOME EMERGENCY HOME REPAIR PROGRAM
A. The Recipient agrees to charge only the following repairs, including material and labor, under the
LEHRP program:
(1) Correcting rotting or other deficiencies in support beams, load bearing walls, and floor joists
including termite inspections and treatment.
(2) Repair or replacement of unsafe or nonfunctional heating. air conditioning or water heating
systems.
(3) Building or enhancing access for physically disabled persons, including physically disabled
accessibility repairs, improvements or aSsistive devices, including wheelchair ramps, steps, porches
handrails or other health and safety measures.
(4) Plumbing. pump, well, and line repairs to ensure safe ddnking water and sanitary sewage.
(5) Electrical repairs.
(6) Repairs to deteriorating interior or extedor walls, floors and roofs.
(7) Other interior and extedor repairs that are necessary for the health and safety of the resident.
B. A safety check must be conducted on alt related support systems included ducts, electric, venting
and piping. All related support systems must meet local codes pdor to or in conjunction with the
installation of new equipment.
(1) Heating. cooling and water heating equipment must be installed by a licensed contractor
certified to perform the work required.
(2) Replaced units must be properly disposed of by the Recipient agency. Equipment being
replaced must be removed from the dwelling and disposed of in compliance with federal, state and local
regulations and in a way that will render the equipment unusable. Operable units may not be roused but
may be taken apart and individual part(s) recycled. The cost of disposal is an eligible expense under
this Agreement.
(3) Heating, cooling and water heating equipment must be replaced using the standards set by the
Department.
ATTACHMENT C
RECORD KEEPING
A. Information on each client should include, but not be limited to: Client Intake Form, Client Selection
(Priority) Cdteda Form, Copy of the signed Compliant/Appeal Procedures Form. PictUre ID, Social
Security Cards for all members Of the household, Documentation of Income, Documentation of
Ownership or Landlord Agreement (when applicable), Building Work Report (BWR), Neat Audit Pdnt0ut
if the home was weathedzed, Household Data Form, invoices and payment vouchers.
B. Supplemental Data Collection for WAP and WAPILIHEAP - All sub-grantees will record on the Client
Intake Form and the Monthly Summary Report, the current utility bill amount of the client pdor to
receiving weatherization services. Approximately sixty (60) days after all weatherization work is
completed, inspected and signed off by the inspector and client, the post utility bill amount will be
obtained. This post utility amount will be recorded in the spaca provided, on a copy of the original
Monthly Summary Form in which the unit was submitted to the Department for reimbursement. The sub-
grantee will also be required to obtain a utility bill amount of each client approximately one year from the
date of receiving weatherization services. This annual follow-up will be recorded in the spaca provided,
on a copy of the original Monthly Summary Form in which the unit was submitted to the Department for
reimbursement.
A'FFACHMENT D
REPORTS
A. Reports are due to the Department by the 10th of the month. The Recipient shall submit a Financial
Status Report (FSR), a Unit Characteristics Report, Monthly Production Summary and a Building Work
Report (BWR) package for each dwelling unit on which work has been completed and inspected. The
Building Work Report package Shall consist of a signed, dated copy of the BWR, a copy of the NEAT
printout sheet, if the home was weatherized and a completed client intake form. In addition, the
Recipient shall submit a WAP-LIHEAP Quarterly Household Report by the lOth of the month following
the end of the program quarter.
B. Approximately sixty (60) days after all weathedzation work is completed, inspected and signed off by
the inspector and the client, the pest utility bill amount wilt be obtained. This post utility amount will be
recorded in the space provided, on a copy of the original Monthly Summary Form in which the unit was
submitted to the Department for reimbursement. The sub-grantee will also be required to obtain a utility
bill amount for each client served approximately one year from the date of receipt of weathedzation
services. This annual follow-up will be recorded in the space provided, on a copy of the Monthly
Summary Form on which the unit was originally submitted to the Department for reimbursement.
C. Failure to submit all required reports as outlined in A, and B. shall constitute grounds for suspension
or termination of this Agreement. Reports and notices must be submitted to:
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance, Weathedzation Assistance Program
2555 Shumard Oak Blvd., The Sadowski Building
TaIlah assee, Flodda 32399-2100
D. Hand delivered reports must be date stamped in by Department staff. Each report form shall be
signed by the Recipient's designated agent.
ATTACHMENT E
ADVANCE REQUEST INFORMATION
A. if any advance is requested on this Agreement, the Recipient must provide at least the following
information.
1. Number of houses by program to be weatherized/repaired during the first three months:
WAP WAP/LIHEAP LEHRP
2. Average projected expense by program for each house:
WAP WAP/LIHEAP LEHRP
$ $ $
3. Total of line 1 X line 2 by program:
WAP WAP/LIHEAP LEHRP
$ $ $
4. Total of line 3 X 10% (for WAP and LEHRP) and 3 X 7% (for WAPILIHEAP) projected
administrative expenses by program:
WAP WAP/LIHEAP LEHRP
$ $ $
5. Identify the amount of and explain any other projected expenses for this period for each of the
programs.
WAP $ Explanation
WAP/LIHEAP $ Explanation~
LEHRP $ Explanation
6. Total of tines 3 + 4 + 5 for each program:
WAP WAPILIHEAP LEHRP
$ $ $
THESE ARE THE ESTIMATED EXPENSES FOR 3 MONTHS.
7. Total amount of each program x 25% [THIS IS THE MAXIMUM ALLOWABLE ADVANCE]
WAP WAP/LIHEAP LEHRP TOTAL
$ 61424 $ 6,570 $ 8,067 $ 21,062
THE ADVANCE AMOUNT REQUESTED MUST BE THE TOTAL FROM LINE 6 OR LINE 7,
WHICHEVER IS THE LESS AMOUNT.
ATTACHMENT F
pROpERTY MANAGEMENTANDPROCUREMENT
A. The Recipient shall comply with pmcurement standards equivalent to the requirements of 10 CoF.R.
600.436(b) for local government Recipients 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 camply 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.
ATTACHMENT G
STATEMENT OF ASSURANCES
The Recipient hereby cerfi~es the following assurances:
A. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action
authorizing the filing of the contract, including all understandings and assurances contained therein, and
directing and authorizing the Recipient's chief executive to act in connection with the agreement and to
provide such additional information as may be required.
B. The Recipient, in performing the requirements of this agreement shall comply with applicable laws,
rules, regulations, ordinances, and codes of the federal, state and local governments, The Recipient
shall ensure that subcontractors possess proper, current state and local licenses to perform the services.
C. Units of local government, Indian tribes and non-profit organizations shall secure and maintain such
insurance as may be necessary for protection from claims under Worker's Compensation Acts and from
claims for bodily injury, death, or property damage which may adse from the performance of services
under this Agreement.
D. Priority in selection of clients will be given to the elderly, the disabled, families with children under 12
and Native American Indians.
E. The Recipient shall give priority to units served in order of preference as follows for the
Weatherization Assistance Program and the Weatherization/Low-lncome Home Energy Assistance
Program:
1. single family owner occupied units,
2. single family renter occupied units in buildings up to five units,
3. multi-family units (5 units or more per building), with 10% owner participation,
4. multi-family units (5 units or more per building), without owner participation in
cases where the landlord can document an inability to pay the required 10%.
F. To the maximum extent practicable, the use of services provided under this Agreement shall be
coordinated with other Federal, State, local, or pdvataly funded programs in order to improve energy
efficiency and to conserve energy.
G. The Recipient will permit attendance by the department's representatives at any meetings of the
Recipients Board of Directors, executive committee or legislative body.
H. The Recipient will permit on-site program evaluation by the Florida Energy Office, the Department of
Energy, the Department's field representative and by technical assistance groups assigned by the
Department. The Recipient will also allow inspection, verification, and audit of financial transactions and
records by staff or agents of the department, the Comptrollers Office, legislative or federal auditors, and
Department of Energy personnel.
I. In order to ensure that no undue or excessive enhancement takes place on renter occupied units, the
Recipient shall require that the landlords of buildings with five or more units, or any combination of
buildings with an aggregate total of five units or more, that receive services under this contract will pay
ten percent (10%) of the total cost of the work performed. The landlord's participation may be waived or
reduced if they can document in writing that they cannot afford to participate. A written agreement
between the Recipient and the landlord detailing the landlord's commitment and legal responsibilities will
be executed after pre-inspection and work determination has been completed and prior to work
beginning on the unit.
J. The Recipient will not use funds provided under this Agreement 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 WAP and WAPILIHEAP work ordered, completed and paid for from these grant funds must be
directly related or incidental to the Scope of Work (Attachment A). Incidental repairs are those
necessary to make the installation of energy conservation measures effective or to protect such
materials. The cost of incidental repairs, labor and materials, may not exceed 25% ofthe total cost of
labor and materials for the house.
M. As part of the initial evaluation of the house for WAP and WAP/LIHEAP, 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 for the WAP and
WAP/LIHEAP if such elimination is necessary before, or as a result of, installation of weatheri±ation
materials. The maximum amount allowed shall not exceed $300 per unit and this amount must be
included in the total cost of the unit.
O. All weatherization work will be performed according to the Department of Energy C.F.R. part 440
guidelines using the National Energy Audit (NEAT) or other audits required by the Department on all
units receiving weathedzation services.
P. The Recipient shall maintain Internet computer services and notify the Department of the e-mail
addresses of employees involved in this Agreement.
A'FI'ACHMENT H
COUNTY ALLOCATIONS
The financial allocation specified for each county by program ls designated to be spent in that
county. For recipients of funds designated for more than one county, in the event that
circumstances will not allow the full expenditure of any program funds allocated to a particular
county, a request to expend any part of those funds in another county must be submitted in
writing to the Department. This request must iustity the lack of need of program services in that
county. Funds may not be exl3ended in another county without prior written al~l~roval of the
Del3artment.
ALLOCATION BY PROGRAM
COUNTY WAP WAP-LIHEAP LEHRP
Seminole County $ 25,697 $ 26,281 $ 32,269
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A'FrACHMENT I
SPECIAL CONDITIONS
ATTACHMENT J
RECIPIENT INFORMATION FORM
Please complete all information applicable to your organization.
A. RECIPIENT CATEGORY:
( ) County Government (X) City Government
( ) Community Action Agency ( ) Other private, Nen-Profit Agency
( ) Indian Tribe ( ) Other, Specify
B. GENERAL ADMINISTRATIVE INFORMATION:
1. Recipient's full legal name: City of Sanford
2. THE WARRANT WILL BE MAILED TO THIS ADDRESS UNLESS OTHERWISE INDICATED:
Recipient' s Name and Title: City of Sanford
Mailing address: P.O. Box 1788
City: Sanford Zip Code: 32772-1788
Tetephone: (40~ 330-5665 FAX Number: (z~07 330-f~677
E-mailaddress Rowececi .sanferd.fl .uq
3. Street Address (if different from above): 300 N. Park Avenue
Sanford, Florida 32771
4. Chief Elected Official:
Brady Lessard Mayer
(Name) (Title)
E-mail address
5. Executive Director
Charles Rowe C. nmm,nl fy De~,~l opment Director
Name) (Title)
E-mail address Rowec@ci .sanford .fl .us
6, Program Coordinator:
Paul a Freytes Contracts Coordi nator
(Name) (Title)
E-mailaddress Freytesp~ci.sanford.fi.us FAXNumber (407) 330-5677
7. Finance Director:
Donna Watt Director
(Name) (Title)
E-mail address Wattdec1 .sanford .fi .us FAX Number ( 407 ) 330-5666
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