897-Weatherization FY 02/03Revised 08-08-02 'Contract Number: 03AL-2Y-06-69-02-029
": :' WAP-CFDA Number 81.042
WAP/LHoCFDA Number 93.568
LEHRP-CSFA Number 52.015
COMPREHENSIVE WEATHERIZATION PROGRAM GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Flodda, Department of
Community Affairs, with headquarters in Tallahassee. Rodda (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) ~,
Weathedzation/Low-income Home Energy Assistance Program (WAP/LIHEAP)
Low-income Emergency Home Repair Program (LEHRP); and
B. WHEREAS, the Department has received these grant funds from the federal government
and the State of Florida 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 taws, 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 and shall end on
September 30, 2003, 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 after that time.
(4) MODIFICATION OF CONTRACT; REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes
which are mutu'ally 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:
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Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
in accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department f~r
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 Govemments," OMB Circular No. A~21, "Cost Pdnciples 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
five 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 five year
period and extends beyond the five year pedod, 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 five years after final disposition.
3. Records relating to real property acquisition shal~ be retained for five 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 prccurement 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 summary form, monthly financial report, quarterly household assistance
report (Weatherization/Low-income Home Energy Assistance Program only), and a close-out report.
(b) Monthly reports are due to be received by the Department by the tenth (10t") day of
each month and shall continue to be submitted each month until submission of the administrative close-
out report.
(c) Quarte~y 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 March 31, June 30, September 30, 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 repor~ are not received within 30 days
after 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.
;(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 Service and Scope of Work are 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. In addition,
the Department will monitor the performance and financial management by the Recipient throughout the
contract term to ensure timely completion of all tasks.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited
to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised,
and/or other procedures. By entedng into this Agreement, the Recipient agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by the Department. in the event that the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Department to the Recipient regarding such
audit. The Recipient further agrees to comply end cooperate with any inspections, reviews,
investigations or audits deemed necessary by the Comptroller or Auditor General. in addition, the
Department will monitor the performance and financial management by the Contractor throughout the
contract term to ensure timely completion of all tasks.
(8) LIABILITY
(a) Except as otherwise provided in subparagraph (b) below, the Recipient shall be
solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall
save the Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this agreement. For purposes of this agreement, 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 missions 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. Stat, for any damages proximately caused by said acts or omissions. Nothing herein is intended to
serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter 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 Office of Management and
Budgeting, or if any of the following events occur ("Events of Default"), ail obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects,
terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the
Department may make any payments or parts of payments after the happening of any Events of Default
without thereby waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;,
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said matedal 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, incomp)ete 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, at its option,
upon wdtten notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or
more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the
following remedies shall not preclude the Department from pursuing any other remedies contained herein
or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce pe~ormance
of this Agreement;
3. Withhold or suspend payment of ali or any part of a request for payment;
4. E. xemise 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 orlack 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. Exercise any other dghts 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 cimumstances. Cause shall include, but not be limited to, misuse of funds;
fraud; lack of compliance with applicable rules, laws and regulations; failure to podorm 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 agem~cy action under Chapter 120, .Fla.
Sta__t., as amended. Notification of suspension or termination shall include notice of administrative
headn9 rights and time frames,
(e) in addition to other remedies set forth herein, the Recipient shall return funds to the
Department if itjs 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 wdtten 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 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 Depadment from the Recipient is determined.
(10) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in wdting, 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 odginai of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Mr. Norm Gempei
Department of Community Affairs
Division of Housing and Community Assistance
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Taliahassee, Flodda 32399-2100
Telephone: (850) 488-7541
Fax: (850) 488-2488
Eraall: norm.qempel@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration,of this Agreement is:
.TRy M~rrl~r, T)~ rRr-ir. nr
k'n[i~n~r~ng ~ (!nn~m~n~f,y l~velopment Dept,
City of .~n~or~, P-~- Pox 1?88, San£ord 32??2-1?88
Te)ephone: {~X)I} ~30-5665
Fax: (4hi) tqn-~All
Email: ma~de~ eci _ s~n~o~d ._ ft. 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 or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to
fulfill the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any 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 Flodda, 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 othenNise unenfomeable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any dght 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 dght 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.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications,
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime 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 witha 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 convicte~:l vendor
or Initial discriminatory vendor list.
(g) 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 period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a cdminal 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;
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3. Are not presently indicted or otherwise criminally or civiily 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.
(12) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and suppert 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 cimumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funde awarded 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 Cimular A-133, as revised. In determining the Federal awards expended 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 of OMB Circular A-133, as revised, will meet
the requirements of this part.
In 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, as revised, is not required. In the
event that the Recipient expends less than $300,000 in Federal awards 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 directly to each of the
following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 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 10~' Street
Jeffersonvi!le, 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 written 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(f), 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, FIodda 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, Fiodda Statutes; and
applicable rules of the Executive Office of the Govemor and the Comptroller.
In determining the State awards expended 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 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. The complete financial audit report, including all items specified 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, Florida 32399-2100
and
State of Flodda Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Flodda 32302-1450
4. 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.
5. 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 215o97, 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 aLe!it must be paid from
Recipient funds obtained from other than State entities).
(f) In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall
be held liable for reimbursement to the Depadment 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 pedod of three years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated pdor 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
subcontractors performance of work under this Agreement, to the extant 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.
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(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:
Exhibit 1 Federal and State Resources Form
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 Justification
Attachment F Property Management and Procu rement
Attachment G Statement of Assurances
Attachment H County Allocations
Attachment I Special Conditions
Attachment J Recipient Informatien 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 $101,553 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 03WX-2Y-06-69-02-029 Amount $16.462
(Upon execution by both parties through March 31, 2003)
Weathedzation/Low-lncome Home
Energy Assistance Program: CRN 03LH-2J-06-69-02-029 Amount $ 45.387
(Upon execution by both parties through September 30, 2003)
Low-Income Emergency
Home Repair Program: CRN 03LE-35-06-69-02-029 Amount $ 3___9_,__7_04
(Upon execution by both parties through September 30, 2003)
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 expended in each county shall approximate as closely as
possible the amounts listed for each county in Attachment H.
WAP AND WAPrLIHEAP 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 Weathedzation Assistance Program ten percent
and the Weatherization 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 ~.nd 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
-10-
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 written notice to the
Recipient, decrease the funding under this Agreement. The decrease will be effective upon receip. t 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 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. For a faderally 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. ~ __
2. Advance payments are requested as follows:
a. WAP $
b. WAP/LIHEAP $
c. LEHRP $
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 expanded for the agreed service and in accordance with the
program budget shall be considered Department funds and shall be returned by the Recipient to the
Department within forty-five (45) days following the Agreement termination date or the date set by the
Department.
(e) Provision of funding under this Agreement shall not be construed as a guarantee of
future or subsequent funding under any of the programs. The performance by the Department under this
Agreement, and any amendments to this Agreement, shall be subject to and contingent upon the
availability of moneys lawfully appropriated to the Department and applicable for the purpose of this
Agreement.
(f) The Department or the Recipient may request modifications to this Agreement.
Acceptable changes shall be incorporated in writing as modifications to this Agreement. All requests for
modifications submitted to the Department for approval must include a narrative description of the
proposed changes and their effect upon the approved scope of services. Modifications require a
minimum of 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.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Flodda'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, Ra. Stat.
(e) The Department of Community Affairs reserves the dght to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
matedal 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 ,lny advances of funds under this
Agreement, any interest income shall either be returned to the Department or be apptied against the
Department's obligation to pay the contract amount.
(g) The State of Flodda will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the immigration and Nationality
Act ('INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(18) 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 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 entedng into this transaction imposed by Section 1352, Title 31, U.So Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less then $10,000 and not
morn 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 ;,aused this contract to be executed
by their undersigned officials as duly authorized.
Recipient: , STATE OF FLORIDA
~z,,~~ DEPARTMENT OF COMMUNITY AFFAIRS
BY: B BY:
Name Sh' '
Mayor
Tit~e
FID # 59-6000425
-13 -
Exhibit 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Federal Programs:
Federal Agency: United States Department of Energy
Title: Weatherization Assistance Program
CFDA Number: 81.042
Federal Agency: United States Department Health and Human Services
Title: Weatherization - Low Income Home Energy Assistance Program
CFDA Number:. 93.568
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RE3QURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows:
I. Purposes resources must be used for:
The Recipient will use these funds to perform energy saving repairs and installation of energy saving measures on low-
income homes throughout the state. These funds will be administered statewide through an existing network of non-profit
and local government agencies. These funds will be expended in accordance with the Scope of Work, Attachment A-2;
Program Statues and Regulations, Attachment B-I; Record Keeping, Attachment C; Reports, Attachment D; Property
Management and Procurement, Attachment F; Statement of Assurances, Attachment G; County Allocations, Attachment
H; Special Conditions (When Applicable), Attachment I of this Agreement and applicable OMB Circulars.
2. Eligibility requirements for recipients of the resources:
The recipient will comply with eligibility requirements as set forth in the Department of Energy 10 CFR Part 440 Final Rule
and applicable OMB Circulars. First applicable compliance requirement (e.g., what services/purposes resources must be
used/or).
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWIN(~
MATCHING RESOURCES FOR FEDERAL PROGRAMS: NIA
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
NOTE: If the resources awarded to the recipient represent more than one State project. provide the same information shown below 1~
each State proiect and show total state financial assistance awarded that is sabiect to Section 215.97. Florida Statutes.
State Agency: Department of Community Affairs
Ti~e: The Low Income Emergency Home Repair Program
CFSA Number: 52.015
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMEN
ARE AS FOLLOWS:
1. Purposes resources must be used for:
The Recipient will use these funds to perform emergency home repairs on low-income homes throughout the state. These funds w
be administered statewide through an existing network of non-profit and local government agencies. These funds will be expend~
in accordance with the Scope of Work; Attachment A-2; Program Statues and Regulations, Attachraents B- 1 and B-2; Record Keepin
Attachment C; Reports. Attachment D; Property Management and Procurement, Attachment F; Statement of Assurances, Attachme
G; County AllOcations, Attachment H; Special Conditions (When Applicable), Attachment I of this Agreement and applicable O~
Circuiars.
2. Eligibility requirements for recipients of the resources:
The recipient will comply with eligibility requirements as set forth in the Department of Energy 10 CFR Part 440 Final Rule a~
applicable OMB Circulars. First applicable compliance requirement (e.g., what services/purposes resources must be used for)
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the informati,
about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
ATTACHMENT A-1
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, WAP/LIHEAP and LEHRP CURRENT MONTH TOTAL TO DATE
1. a) Matedal (Total from BWRs) (Separate per program)
b) Labor (Total from BWRs) '
(Separate per program)
...... -
2. Health and Safety- $300 maximum per unit for
Matedal & 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 I a, 1 b, & 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 & Technica, A.istan e ::
(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:
Q FOR MONTHLY REPORTING, THERE ARE STILL SEPARATE FSR's FOR EACH PROGRAM.
THESE FORMS WILL BE PROVIDED IN THE FORMS PACKET.
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,
-'15 -
REPORTING INSTRUCTIONS
T
1.a) MATERIAL: Total materials installed on the units submitted for allowable weatherization measures.
b) LABOR: Total labor tted 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 matedal & labor) to abate energy-related health and safety
hazards. Maximum amount allowable is $3(X) 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 pedod.
3lie
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 WAP/LIHEAP) 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 la, lb, 2 AND LINE 4: This is the amount used for calculating the monthly administration
amount for the WAP and the WAPILIHEAP.
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 safety 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 material, labor,
health and safety and Fee for Service for the WAP/LIHEAP.
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 wdtten 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
WEATHERIZATION/LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM
!n carrying out this Agreement, the Redpient 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 folio*wing 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.
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 obseP.~ation 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, Saving~ to investment. Ratio (SIR),
and Cost of materials and labor to perform the measures. T'ne Department also requires thatthe
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 WOR_K
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 ensudng 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
respensibie 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 shell provide services to qualifying low-income persons for the purposes mated heroin.
The following dwelling units am eligible:
(1) A dwelling unit that is occupied by an individual or family that is low-income as defined in
Rule 9B-57.001, F.A,C.
(2) Recipient may make repairs to buildings containing rental units occupied by persons eligible
for assistance under Rule 9B-57.011 F.A.C., where;
(a) Recipient has obtained the written permission of the owner or his/her agent;
(b) Not less than 66 percent (50 percent for duplexes and four-unit buildings) of the
dwelling units in the building:
1. Are eligible dwelling units, or
2. Will become eligible dwelling units withia 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 pedod of one year from the date of
completion of all repair work;
2. No undue or excessive enhancement will occur tothe value of the dwelling
units;
3. All landlords participating in the program are encouraged to provide a match
contribution of labor and/or matedal equal to at least 25 percent (25%) of the total value of the
labor and matedal 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
landlord can document that he/she cannot afford to provide match.
5. The Recipient must dieclose 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 dise!lowed 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;
;,i'.~(4) Providing the Department With;documentation and reports;
(5) Coordinating projects with :housing assistance agencies and service providers;
(6) Attending Department sponsored or approved work. shops, 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 eldedy and persons with disabilities, to make emergency repairs
to their housing units that will presswe 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 federa~ 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 Secudty Act or applicable state or local law at any
time dudng 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 v/no are physically disabled shall be given priority in the
program.
I. 'The cost of labor and matedal 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.
ATTACHMENT B-1
PROGRAM STATUTES AND REGULATIONS
WEATHERIZATION ASSISTANCE PROGRAM
and
WEATHERIZATION/LOW-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 XXVI of Pub. L 97-35 (Low-Income Home Energy
Assistance Act of 1981); Title II, Part 2, of the National Energy Conservation Policy Act of 1978
(Pub. L. 96-619); Title V, Subtitle E, of the Energy Secudty Act of 1981 (Pub. L 96- 294); and
Chapter 163, Fla. Stat.
B. 'All federal statutes relating to nondiscrimination including but no~ 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 (29 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 mended (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.
-20-
F. The Recipient wilt assist in assuring compliance with Section 106 of the National Histodc Preservation
Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of histodc
properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et
seq.)
G. in compliance with 10 C.F.R. Subpart E, Part 1036.510 (Appendix B), the Recipient certifies that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Agreement by any Federal
Department or agency.
H. The Recipient shall screen applicants for program eligibility under 1986 immigration and Nationality
Act, as currently amended.
I. Recipients which procure $10,000 or more of insulation products annually am 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 performanse 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 st.~h parties is
maintained by the Department for review.
N. Before beginning work on any dwelling, the Recipient shall have:
1. Documentation of client income eligibility in accordance with the most recent federally established
Poverty Income Guidelines. Client income verification must be conducted within 180 days pdor 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 10 C.F.R. Part 440.22.
O. INTEREST INCOME: Except as provided for advance payments, the Recipient may temperarily
invest grant funds, but any interest income shall either be returned to the Department or be
applied against the Department's obligation to pay the contract amount. Any interest income
earned by the temporary investment of these grant funds that are not applied against the
Department's obligation to pay shall be returned to the Department at the time of submission of
the final close-out report.
P. PROGRAM INCOME: Recipient may apply net program income, after costs incident to the
generation of gross program income are deducted, excluding interest income, to meet matching
requirements, or may reprogram it for eligible program activities in accordance with Rule
Chapter 9B-24, Flodda Administrative Code. The amount of program income and its disposition
must be reported to the Department at the time of submission of the final close-out report.
Expenditure of program income balances at contract end must be approved by the Department.
Q, A!written appeal system must be adopted by the Board of Directors of the .Recipient, posted in the
Recipient's agency, and provided in writin.a to those aDolvin.a for services,
In the event of a complaint/appeal, the complaint/appeal shall first be heard by the:
~n=,=~rrJ ~;n-r~"~f? T'~,,=l~. nlrt=d-nr' (Title of Position).
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal v~ill be
heard by: C~L--y ~racE~ (Title of Position).
Should the second level complaint/appeal be unable to resolve the difficulty, the final headng will be held
by: Ci.b/~'cr~ (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. Stat.
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 pdor 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 expanded 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.
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I. A.written appeals syStem'mustbeadopted by,the board of directom of:!theRecipient, posted !tn~the
Reciplent's agency, and ProVed in writin.a to thoseaDDMnq3 for sei;vi~. .:i ' ' '
In the event of a complaint/appeal, the complaint/appeal shall first be heard ~by-the
En~ineerzng & Cc~nuni~y Develop~at Director .
~t~e of Portion)
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be
heard by: Cit, y Mana.c[er
(Title of Position)
Should the second level complaint/appeal be unable to resolve the difficulty, the final headrig will be held
by: C~_ty Con~i.~.~Lon
(Committee or Full Board)
All complaints received by the Department will be referred to the Recipient.
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ATTACHMENT B-2
ALLOWABLE PROGRAM ACTIVITIES
LOW-INCOME EMERGENCY HOME REPAIR PROGRAM
A. The Recipient agrees to charge only the following repairs, including matedal and labor, under the
LEHRP program:
(1) Correcting rotting or other deficiencies in support beams, load boating 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 exterior walls, floors and roofs.
(7) Other intedor and exterior repairs that are necessary for the health and safety of the resident.
B. A safety check must be conducted on all related support systems included ducts, electric, venting and
piping. All related support systems must meet local codes prior to or in conjunction with the
installation of new equipment.
(1) Heating, cooling and water heating equipment must be installed by a licensed contractor certified
to perform the work required.
(2) Replaced units must be properly disposed of by the Recipient agency. Equipment being
replaced must be removed from the dwelling and disposed of in compliance with federal, state
and Iccai regulations and in a way that will render the equipment unusable. Operable units may
not be reused but may be taken apart and individual part(s) recycled. The cost of disposal is an
eligible expense under this Agreement.
(3) Heating, cooling and water heating equipment must be replaced using the standards set by the
Department.
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ATTACHMENT C
RECORD KEEPING
A. Information on each client should include, but not be limited to: Client Intake Form, Client Selection
(Priority) Cdteria 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 Ov,,nership or Landlord Agreement (when applicable), Building Work Report
(BWR), NEAT Audit Printout if the home was weathedzed, Household Data Form, invoices and
payment vouchers. ·
B. Supplemental Data Collection for WAP and WAP/LIHEAP - All subgrantees are encouraged to
continue recording in the space provided on the Client Intake Form and the Monthly Sum maW
Report, the ore-utility bill amount of the client pdor to receiving weatherization services, and
collect the Dora utilitv bill amount approximately sixty (60) days after all waatherization work is
completed. This comparison of utility amounts will provide*the actual energy savings reflected
through weatherization work performed and should be included in the subgrantee Semi-Annual
Success Report.
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ATTAGHMENT D
REPORTS
A. Reports are due to the Department by the 10th of the month. The Recipient shall submit a Financial
Status Report (FSR), Monthly Production Summary, a Client Intake Form and a Building Work
Report (BWR) package for each dwelling unit on which work has been completed and inspected.
This is required for each program. The Building Work Report package shall consist of a signed,
dated copy of the BWR, and if the home received services through the WAP and/or WAP-
LIHEAP, a copy of the NEAT printout sheet. in addition, the Recipient shall submit a WAP-
LIHEAP Quarterly Household Report by the 10th of the month following the end of the program
quarter. Subgrantee are also required to submit the DOE Semi-Annual Leveraging Report and
Semi-Annual Success Report during the month after the second and fourth quarters of the
agreement period.
B. All subgrantees are encouraged to continue recording in the space provided on the Client Intake
Form and the Monthly Summary Report, the Dre-utility bill amount of the client prior to receiving
weatherization services, and collect the Dost utilitY bill amount approximately sixty (60) days
after all weatherization work is completed. This comparison of utility amounts will provide the
actual energy savings reflected through weatherization work performed and should be included
in the subgrantee Semi-Annual Success Report.
C. Failure to sui3mit all required reports as outlined {n A. and B. shall constitute grounds for suspension
or terminatio~ of this Agreement. Reports and notices must be submitted to:
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance, Weatherization Assistance Program
2555 Shumard Oak Blvd., The Sadowski Building
Tallahassee, Florida 32399-2100
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
2003 CCrl. ,,El II(::NSNE WEATHERIZATION PROGR/~ GRANT AGREEIM94T
JUSTIFICATION OF DANCE PAYMENT
advance~tymentisreques~ed~buc~getdata~nwhichthereque~t~b~edmu~tbesubm~t~ed~/my~dvamce~yf~under
thb Agremmst bsubJect to s, 2~6.t81(t6)(a)(b), Flodda Satulee. The amount which nmy be advanced ehail not exceed the
eN~l cash needs of the redplef~ within the inilial 3 mmdhs. Theredler,~,~c. bslm~befnadeonsrdmiememefit
bask.
H NO ADVANCE REQUESTED [ ] TOTAL COMBINED ADVANCE REQUESTED
Noadvancepaymestis~. Payment Advar~epaFne~c( isequesled, balanceof
upsupf~asandequipumnt_ We would not be able to qN~ate this
DIRECTIONS:
1. ~rst Trne Recipie~_: Must provide the ~with an estimatian of eqxaxlittd~s for the f'rst three mce-~Ls of the
Only the column for the cufTent fiscal year needs to be compleled.
(1) (2) (3) (4)
COMPLETE BELOW FOR THE ~ 00 C,o~tr;~ 01 Car~act 02 To4~i Average ( 3 Years)
FIRST THREE MONTHS
EXPENDITURES FOR EACH (Fu~st 3 (Firs~ 3 (F'rst 3 ' (3 Years)
PROGRAM months) months) months)
1 WEATHJ=RiZATION (VVAP) $2,142.35 $2,142.35 $1,232.44 $5,517.14 $1,839o05
2 WAP LiHEAP $90.00 $90.00 $60.00 $240.00 $80.00
3 LEHRP $45.00 $90.00 $30.00 $1(~.00 $55.00
Required (6) (7) (8) (9) (10)'
Information Contract 00 Contract 01 Contract 02 T0ti Average
(F~st 3 (First 3 (First 3
mo~ths) months) months)
! O I AL ADVANCES (All
4 three Programs by year) $0.00 $0.00 $0.00 $0.00 $0.00
I fJ I AL I:.XiJI::NUI I Uf~b.5 (All
5 three Programs by year) $2,277.35 $2,322.35 $1,322.44 $5,922.14 $1,974.05-
6 DIFFERENCE -$2,277.35 -$2.322.35 -$1,322.44 -$5,922.14 -$1,974.05
NOTF~
1. ExDeffiitures: Line 1, 2 and 3 per program/per previous three contract years - Marshals and labor, Adminbb'ati~, travel, equipment
expenses, audit expenses, and Fee For Service (based on materials and labor expenditures).
2. Line5: Total each column above(lires 1-3).
3. Advance Requested: Should be based an the total average Line 5 Column 10 - orthe Request forWaiver infonTmtion bdow.
4. Line6: Difference between m and expenditur~
previous three years. Comptete estimated chad and Justif'K~dm bdow. insert total exmmse~ above in Advance Reaueted.
2OO2-2OO3 An6cipated (ExpbnaUon of ~---tancee)
Expenditures for the Rrat Attach addPJonal pages if needed.
WEATHERIZATION
WAP-UHEAP
LEHRP
TOTAL Anticipated (First 3
months)
· 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 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 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.
ATTACHMENT G
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 auth<;dzing the filing of
the c~ntract, 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 cedes of the federal, state and local govemments. The Recipient shall ensure that subcontractors
possess proper, current state and local licenses to perform the services.
C. Units of local government, Indian tdbes and non-profit organizations shall secure and maintain such insurance as may be
necessary for protection from claims under Worker's Compensation Acts and from claims for bodily injury, death, or
property damage which may arise from the performance of services under this Agreement.
D. Pdodty in selection of clients will be given to the eldedy, 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 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 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 FIodda Energy Office, the Department of Energy, the
Department's field representative and by technical assistance groups assigned by the Department. T. he 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.
!. In order to ensure that no undue or excessive enhancement takes place on renter occupied units, the Recipient shall ~equire
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 pedormed. The
landlords participation may be waived or reduced if they can document in wdting 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 pdor 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 WAP/LIHEAP 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
conservaii~n measures effective or to protect such materials. The cost of incidental repairs, labor and materials, may
not excel25% o~':the total cost of lal~ 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
sur, fey 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 blpwer 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 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 weathedzation 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 weatherization sen/ices.
P. The Recipient shall maintain !ntemet computer sen/ices and notify the Department of the e-mail addresses of employees
involved in this Agreement. ,,
Q. Conduct outreach activities designed to ensure that eligible households, especially households with eldedy individuals,
disabled individuals, families with children under 12 and households with a high residential energy use, are made aware
of the assistance available under this Agreement.
R. Coordinate with the Low-Income Home Energy Assistance Program (LIHEAP) provider(s) in the agency's sen/ice area in
regard to the availability of program services for those clients currently receiving LIHEAP assistance due to their
repeated high energy bills.
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ATTACHMENT H
COUNTY ALLOCATIONS
The financial allocation specified for each county by program is 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 pert of those funds in another county must be submitted in
writing to the Department. This request must Justify the lack of need of program services in that
county. Funds may not be expanded in another county without prior written approval of the
Department.
ALLOCATION BY PROGRAM
COUNTY WAP WAP- LI HEAP L EH R P
SANFORD $16,462 $45,387* $39,704
** Included in this allocation amount is $15,000 designated for performing Weatherization in the
Front Porch Community of Goldsboro.
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ATTACHMENT I
SPECIAL CONDITIONS
~!~i~.' ATTACHMENT J
i..i .. RECIPIENT INFORMATION FORM
Please complete all information applicable to your organization,
A, RECIPIENT CATEGORY:
(') County Government (X) City Government
( ) Community Action Agency ( ) Other private, Non-Profit Agency
( ) Indian Tribe ( ) Other, Specify
B, GENERAL ADMINISTRATIVE INFORMATION:
1. Reciplent'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
Telephone: 4(~ 330-5665 FAX Number:407___) 330-5677
E-mail address marderjeci. sanford. fl. us
3. Street Address (if different from above): 300 N. P~rl~ Avenu~
Sanfnr~l, l~l', 37711
4. Chief Elected Official:
Brad,{ Lessard M~yor
(Name) (Title)
E-mail address
5. Executive Director
Jay Marder Engineering & Comm. Dev. Director
Name) (Title)
E-mall address marder~:i. sanford. fl. us
6. Program Coordinator:
Paula Freytes-Torres Contracts Coordinator
(Name) (Title)
E-mall address £reytespL'~ci.sanford.fl.us FAX Number(40?) 330-56?7
7. Finance Director:
Kevin Smith Director
(Name) (Title)
E-mail address smithkts~sanford.fl.us FAX Number (407) 330-5666
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