997-Weatherization 04Revised: August 15, 2003
Contract Number: 04WX-3X-06-69-02-030
CFDA Number: 81.042
WEATHERIZATION ASSISTANCE PROGRAM
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of Community
Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and
City of Sanford, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. WHEREAS, the Department has received these grant funds from the federal government, 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 Ag~ement.
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 Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and
regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties or September 30, 2003, whichever is later, and
shall end March 31, 2004, unless terminated earlier in accordance with the provisions of paragraph (9) of this
Agreement.
(4) MODIFICATION OF CONTRACT; REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes which are mutually
agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the
original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be made payable to
the order of"Department of Community Affairs", and mailed directly to the Department at the following address:
Department of Community Affaks
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 retumed 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 Cimular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Cimular 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) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow
the Department or its designee, Comptroller, or Auditor General access to such records upon request.
The Recipient shall ensure that audit working papers are made available to the Department or its
designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit
report is issued, unless extended in writing by the Department, 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 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 five years after final disposition.
after closing of title.
3. Records relating to real property acquisition shall be retained for five years
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work
- Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(e) Any additional terms and conditions pertaining to recordkeeping are set forth in
Attachment C and all terms and conditions pertaining to property management and procurement under
this Agreement are set forth in Attachment H.
(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with monthly reports, semi-
annual reports, and with a close-out report.
(b) Monthly reports are due to be received by the Department 10 days after the end of
each month. Semi-Annual reports are due to be received by the Department on April 15 and October 15.
(c) The close-out report is due 45 days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not 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 Department" means that the work product was
completed in accordance with generally accepted principles and is consistent with the Budget and Scope
of Work.
(e) Upon reasonable notice, the Recipient shall provide such additional program updates
or information as may be required by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachment D.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Fee for Service and Scope of Work is being accomplished within
specified time pededs, and other performance goals are being achieved. Such review shall be made for
each function or activity set for 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
Agreement term to ensure timely completion of tasks.
In addition to reviews of audits conducted in accordance with OMB Cimular 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 Cimular A-133, as revised,
and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate
with any monitoring procedures/processes deemed apprepdate 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 and 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) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., 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,
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 to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages 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
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state o!
nsent by a state agenCy or subdivision of the
appheS' Nothing., ~.,, ~hird par[les i~, ,~-~ ,..a
Florida to be sueu ~y -
'comptroller or the Office of Management and
(.al If the necessary funds are not available to fund this agreement as a result of action
,, i at ohs on the part of the
congreSS, the state .... r~ur (`"Events of D ,e_f_a,,utt~;~ha~ll[~eb~gartment so electS, terminate
forth herein, but the Department
by . - ,, =nv of the following eve~^~'~;~ds hereunder sna.,, ......
Oudgetmg, o, ,. =_~., .nv further payme-, ,~-. -- of its remedies set '- .-ntS of Default without
Department to m~,.~ ~..- . lion, exercise a,,y ' of an ,-v= her
e De artment may, at ,ts OPof nayments after the ?~thPeo%'~t~com~g liable to make any furt
and th _ P~.,, ,.,a,~ments or partS. ~ --h remedies, an(] w~t,,,~
ma'/ma~e ,,,,y ~-.~.: ,-i.hf tel exercise su,.,, --
the['eby wawmg u~e ,,~- .- eci ient in this Agreement or
· ~ ..... resentation made.b.Y the R~:_,P..adinn in any respect, or if
payment. 1 if any warranty u, .~- t any time be tatse or m~o,_~ ,.~tained in this
. ' ..,. ~ho Deoartment shall a
..... v ous Agreemem w~u, .,,.-,.~..~.,., or oerform any o] u,= .,- timely fashion, or
any ~'~,.' shali fail to keep, ou=
me r~,.,~ent iouS agreement with the Department and has not cured such in
Agreement or an..y..pre.V~ meet its obligations thereunder;
is unable or unwmmg tu 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
to cure said material adverse
filed or to be filed with the Department, and the Recipient fails the Department.
reports .
change within thirty (30) days from the time the date written notice is sent by
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 Attachment A-1 and
Attachment A-2. (bi Upon the happening of an Event of Default, then the Department may, at its option,
upon thirty (`30) calendar days prior written notice to the Recipient and upon the Recipient's failure to
timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and
the pursuit of any one of the following remedies shall not preclude the Department from pursuing any
other remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination· The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of
this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment;
4. ExerC se any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recip ent to determine the reasons for or the extent of non-
. rformance issuing a written warning to advise that more serious measures may
· . · to sus end, discontinue or refrain from
compliance or la.ck 0~ pe. ected edwsmg the Rec~p~ent_~.. P 'mburse the Department for the
n if the s~tuation ~s no.t co?r ........ ,,.'rino the Ret~p~ent to re~
~:cuta~g costs for any activities in ques,,u- ,~..,..~_l ~ ineligible;
amount of costs incurred for any items determined to be
law;
5. Exercise any other rights or remedies which may be otherwise available under
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla. ·
Stat., as amended. Notification of suspension or termination shall include notice of administretive headng
rights and time frames.
(e) In addition to any other remedies, the Recipient shall return to the Department any
funds which were used for ineligible purposes under the program laws, rules, and regulations governing
the use of the funds under the program.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(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 Development
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 488-7541
Fax: (850) 488-2488
Email: norm gempel@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Ru~ Gib~r~n, Direci-.or
]~n~c'r~ n~r~ nQ ~ O~mm~l~ hy Development Department
~,, ~ ~n~A: p,~. Box 1788, Sanford 32772
lelep6one: (~O~) ~30-5665
Fax: (~7) qq~-qR77
(d) in the event that different representatives or addresses are designated by either pa~y
after execution of this Agreement, noti~ of ~e oame, ~ie and address of the new represen~ve
will ~ render~ as p~ovided i~ (10)(a) above.
(11) OTHER PROVISIONS.
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(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other 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 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 with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
or 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, by signing this Agreement, the
Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. ara 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 five-year period 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, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. ara not prasently indicted or otherwise criminally 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 five-year period preceding this Agreement had one or mora
public transactions (federal, state or local) terminated for cause or default.
Whera the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agraement.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agraes to maintain financial proceduras 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, raview, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and 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. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Department by this Agraement. In determining the
Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards,
including Federal resources 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 paragraph.
In connection with the audit requirements addressed in Paragraph 12 (d) above,
the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of
OMB Circular A-133, as ravised.
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 requirad.
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 rasources (i.e., the cost of such audit must be paid from
Recipient rasources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as ravised, and raquirad by subparagraph (d) above shall be submitted, when raquirad by Section
.320 (d), OMB Circular A-133, as ravised, by or on behalf of the Recipient diractly to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Weathedzation Program
Division of Housing and Community Development
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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 10th 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.
(f) 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 letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Weathedzation Program
Division of Housing and Community Development
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
(i) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five years from the date the audit report is issued, and shall allow
the Department, or its designee, the Comptroller, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department, or
its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the
audit report is issued, unless extended in wdting by the Department.
(j) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(k) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of five 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 five-year pedod, the records shall be retained until the litigation or audit findings have
been resolved.
(I) 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.
(m) 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.
(n) 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 adsing 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:
Exhibit 1
Attachment A-1
Attachment A-2
Attachment B-1
Funding Sources
Fee for Service Summary and Detail
Scope of Work
Program Statutes and Regulations
Attachment B-2
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment l
Attachment J
Attachment K
Monitoring, Evaluation & Technical Assistance
Record Keeping
Reports
Advance Justification
Property Management and Procurement
Copyright, Patent and Trademark
Statement of Assurances
County Allocations
Special Conditions
Recipient Information Form
(16) FUNDING/CONSIDERATION.
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred
in the satisfactory performance of work hereunder in an amount not to exceed $16~336 subject to the availability of
funds.
Performance of work must be in accordance with the provisions of Attachment A-2, Scope of Work. The
Recipient will be reimbursed for 30% of the total cost of materials, labor and energy related health and safety measures
as a Fee for Service based on monthly completion of units. Based on the Foe for Service amount, the total cost of
materials, labor and the health and safety total, the recipient may charge 10% for Administration as explained in the
provisions of Attachment A- 1, Fee for Service Summary and Detail. Administxafion may not exceed 10% of the total
amount of the Agreement. If the Recipient has failed to meet the performance requirements of the Fee for Service Scope
of Work, Attachments A-l and A-2, of the Agreement, the Department may unilaterally, upon written notice to the
Recipient, decrease the funding under this Agreement. The decrease will be effective upon receipt of notice by the
Recipient.
(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 of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB
Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is
requested, the budget data on which the request is based and ajustificatinn statement shall be included in this Agreement
as Attachment E. Attachment E will speci~ the amount of advance payment needed and provide an explanation of the
necessity for and proposed use of these funds.
1. X No advance payment is requested.
2. __ An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The
Recipient agrees to expend funds in accordance with the Fee for Service and Scope of Work, Attachments A- I and A02
of this Agreement.
(17) STANDARD CONDITIONS
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or
the Florida Constitution.
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(b) If otherwise allowed under this Agreement, the Agreement may be renewed on a
yearly basis for a pedod that may not exceed two (2) years or for a period no longer than the term of the
original agreement, whichever period is longer, specifying the terms under which the cost may change as
determined in the pertinent statutes or regulations.
(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 Section 112.081, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with 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 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
Florida 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 entedng 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.
It
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. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(19) COPYRIGHT, PATENT AND TRADEMARK
If applicable to this Agreement, refer to Attachment G for terms and conditions relating to
copyrights, patents and trademarks.
(20) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurancas contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(21) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment I.
(22) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
recaive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotiine at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Recipient:'~-'-~y of Sanford
Name and title: Brady Lessard, Mayor
Date: ~.~-'~,p'~/l_.,
FID~ 59-6000425
STATE OF FL(~RIDA DEPARTMENT OF COMMUNITY AFFAIRS
BY: [~'
Libby Lane, Acting Director, Division of Housing and Community Development
Date:
]3
EXHIBIT I
FEDERAL RESOURC ES AWARDED TO THE REC IPI ENT PURSUANT TO THIS AG RE EMENT CONSI ST
OF THE FOLLOWING:
Federal Program:
Federal Agency:
CFDA Number:
Amount:
Weatherization Assistance Program
United States Department of Energy
81.042
5;16,336
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance
requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Purposes resources must be used for:
The Recipient will use these funds to perform energy saving repairs and installation ofenerio, saving measures
on Iow-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-l; 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 for).
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect
to use language that requires the recipient to comply with the requirements of applicable p~ovisions of specific laws,
rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with
a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility
determinations are to be made. Tbe State awarding agency, if practical, may want to attach a copy ofthe specific law,
rule, or regulation referred to.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING: N/A
MATCHING RESOURCES FOR FEDERAL PROGRAMS: N/A
NOTE: If the resources awarded to the recipient for matching represent more than one Federal program, provide the
same information shown below for each Federal program and show total State resources awarded for matching.
14
Federal Proqram (list Federal agency, Catalog of Federal Domestic Assistance
title and number) $ 0.00
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 for each State project and
show total state financial assistance awarded that is subject to Section
215.97, Florida Statutes.
State Project (list State awarding agency, Catalog of State Financial
Assistance title and nurmber) - $ 0.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
NOTE: List applicable compliance requirements in the same manner as
illustrated above for Federal resources. For matching resources provided by
the Department of "ABC" for Federal programs, the requirements might be
similar to the requirements for the applicable Federal programs. Also, to
the extent that different requirements pertain to different amounts of the
non-Federal resources, there may be more than one grouping (i.e., 1, 2, 3,
etc.) listed under this category.
NOTE: Section .400(d) of ~4B Circular A-133, as revised, and Section
215.97(5) (a), Florida Statutes, require that the information about Federal
Programs and State Projects included in Exhibit i be provided to the
recipient.
ATTACHMENT
FEE FOR SERVICE SUMMARY AND DETAIL REPORTING INSTRUCTIONS (WAP)
BWR MATERIAL AND LABOR TOTALS MUST EQUAL THE AMOUNTS SHOWN ON THE FSR
__ From the Financial Status Report:
1. a) Material .(Total from BWRs)
b) Labor (Total from BWRs)
2. Health and Safety- $300 maximum per unit
(Material & Labor for energy-related hazards only)
3. Total of Lines la, lb, & 2
4. Fee for Service (Line 3 X 30%)
5. Total of Lines la, lb, 2 & 4 (current month column)
6. Administration (Line 5 X 10%)
7. Comprehensive Annual Audit
8. Training & Technical Assistance
9. Totals (Current Month & Total to Date Columns)
Note: Homes in which all scheduled work has been performed and completed, the final inspection
performed and the BWR signed by the client and the inspector, may be reported as completed.
REPORTING INSTRUCTIONS
CURRENT MONTH TOTAL TO DATE
1 .a) MATERIAL: Total materials installed on the units submitted for allowable weatherization measures.
b) LABOR: Total labor tied to the installation of materials on the units submitted. (This does not include pre and
post blower door labor, inspections, intake etc.)
2. HEALTH AND SAFETY (ENERGY-RELATED HAZARD MEASURES ONLY): This category must be
reported separately. This is for material and labor (other than weatherization matedal & labor) to abate
energy-related health and safety hazards. Maximum amount allowable is $300 per unit.
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%): This amount will be based on the total of material and labor and
energy related hazard abatement measures for units completed monthly. Liability insurance and costs that
were program support will be incorporated into the Fee for Service (FFS).
5. TOTAL OF LINE la, lb, 2 AND LINE 4: This is the amount used for calculating the monthly administration
fee allowed.
6. I ADMINISTRATION ( LINE 5 X 10%): This can only be earned monthly, based on the total of material, labor,
health and safety and Fee for Service.
7. COMPREHENSIVE ANNUAL AUDIT: This is for the pro rata share of the agency audit charged to each
program. The Recipient must not bill in excess of 1/12th of the cost of the audit in any single month.
8. TRAINING AND TECHNICAL ASSISTANCE: Equipment, travel for training, workshops or conferences will
not be reimbursed without pdor written approval from the Department.
9. TOTALS (CURRENT MONTH & TOTAL TO DATE COLUMNS): Add these columns and enter the totals on
this line.
ATTACHMENT A-2
SCOPE OF WORK
In carrying out this Agreement, the Recipient will provide the necessary personnel, materials, services and
facilities, except as otherwise provided herein, to carry out the program. The Recipient will be responsible for the
following activities:
A. Soliciting, identifying and qualifying Iow-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. 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; Iow flow
showerhead, water heater blanket, water line insulation and air filters for heating and cooling units.
C. The cost of labor and materials for weatherization measures under this agreement should not exceed an
average of $2,614 per house. Prior approval from the Weatherization Program Office is required to exceed this
amount.
D. When the agency WAP Coordinator has determined the weathedzation activities to be performed on a home,
the measures to be addressed will be listed on a ClientJAgency Pre-Work Order Agreement Form. The work to
be performed will then be discussed with the client; and both the client and the coordinator will sign and date the
form. Once this form is signed work may commence.
E. Supervising, monitoring and ensuring the quality of all work by staff, volunteers and subcontractors.
F. 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.
G. 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.
17
ATTACHMENT B-I
PROGRAM STATUTES AND REGULATIONS
Both the Recipient and the Department shall be governed by applicable laws and rules, including but not
limited to:
A. Pub. L. 94-385, Part A, Title IV ("Energy Conservation and Production Act of 1976"); the Omnibus Budget
Reconciliation Act of 1981, Title XXVI of Pub. L. 97-35 (Low-Income Home Energy Assistance Act of 1981 );
Title II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96-619); Title V, Subtitle E, of
the Energy Security Act of 1981 (Pub. L. 96- 294); and Chapter 163, Fla. Stat.
B. All federal statutes relating to nondiscrimination including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) which prohibits discrimination on the basis of
race, color or national odgin;
2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits
discrimination on the basis of handicaps;
4. The Age Discrimination ACt of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits
discrimination on the basis of age;
5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92- 255), as amended, relating to
nondiscrimination on the basis of drug abuse;
6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7. Subsections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patient records;
8. Title VIII of the Civil Rights ACt of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing of housing; and
9. The requirements of any other nondiscrimination statute(s) which may apply to the Weatherization
Assistance Program.
10. The Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. Sections 12101 through
12213).
C. Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375,
and as supplemented in Department of Labor Regulations (41 C.F.R. Part 60).
D. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42
U.S.C. 1857 et seq.) and the federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
E The Recipient will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4081 et seq.)
which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
'onal H~stodc Preservation Act
· ,- ~ ction 106 of the Nat;~ , ~=~*nr' crc erties), and the
· ~m t~aR~ wiu.~. ~e.. _ ~,a nrote~lOR cT ~_.__tc _ P
F. The Recipient will.~'~ '~ ~ss~gEO 1~593 (idenbficat, o- "' '" ~
of 1966, as amend~ ~"° ~ ~- 4;u;'paff E, Pa~ 1036.510 (Appendix B), the Recipient oeKif, es that neither it
Archaeotog~ and Historic Prese~ation Act of 1974 (16 U.S.C. 469a-1 et seq.)
compliance with 10 C-F'R' ·r°P°~ f°r debarment' d~lar~ eligible' °r v°lun~rily
In .,- ~ba~ed, suspended- ~ ~_.~ nenaffment or agency.
G. ..~ ~ ncinals are presenuy.~ ~r~e~ent by any ~eo~, ~ -
nor tt~ p. "-~;~inating in t~ls ~-~
excluded from p~,.'~ ~ immigration and Nationali~ Act, as
H. The Recipient shatl screen appli~nts for program eligibiliW under 1986
, amended, nuall are required to put into effect an
currently · ' n oducts an Y hi hast
...... ute .$10,000 or more of In~i~ o~sulation produc~ compo~d of the g
racti~ble, ~king into ~nsideration ~m~tition, avaitabili~, t~hni~l
I R~ipien~ wmC~ P.~ .... ~m to insure the
~ffirmativepr~urementP~'-'''. . WasteDsposaiA~,as.amended by the
.... ~ ~verable materials P ..~ ~c 'on 6002 of the ~ohd --..,-~*-d bv the Enwronmen~t
oedo~anc~ -"~ .~_- ~.~ Re~ve~ ~c[ o.. ~-
~esour~ Co~sewatluH
prote~ion Agency. 10 c. FR. 600, and all applicable OMB
to the appli~fion, a~ep~n~, and use of federal funds under
j, All apPli~ble federal roles, regulations and guidelines including
Circulars, as revised, as they relate
Agreement. and S~te laws, rules, regulations and guidelines,
K. Other applicable federal
L. There shall be no religious worship, instru~ion, or proset~ization as any par of, or in ~nnection with, the
of of
. ' r i~ organizat on nor ~n~ ~,~-~;~is~nce programs un,er
~ ~cinient ~fflfies that nel~ ._ ~. ~eicinafion in Teoera~ aoo .... ~nn~a~ to a debarred or
a'. ;;;;;; e c uaea f om or m.y .ct
or is ot.~,.. ~ ,,~ ~nt and Sus~nston. -" .... *~ined by the uepa~u-~,,.
Order 12549, '~eu~'~rent listing of such paK~es ~s ~.~ ....
suspended pa~y. ~ ~
N. Before b~inning work on any dwelling, the Recipient shall have:
1. Documen~fion of client in.me eligibiliW in a~rdan~ wi~ the most re~nt federallY es~blished
pove~ income ~uidelines. Client income verifi~tion must be conduced within 180 days prior to
the date the wo~ ~glns.
2. D~umen~tion of authorization from the owner of the dwelling or his authorized agent.
3. D~umen~tion of pr~f of ownership.
4. Agreement with the owner of rental prope~ assuring complian~ with 10 C.F.R. PaR ~0.22.
O. iNTEREST INCOME: Ex. pt as provid~ for advance payments, the Recipient may temporarily invest
oma earned by the tem~ra~ investment
grant ~nds, but any interest in.me shall either be returned to the DepaRment or ~ appii~ against ~e
, bli ation to pay the ~ntract amount. Any interest in~ ........ a~ shal ~ returned to ~e
DepaKment s.~ .~ ~hat are not applied against the Depaffment's ool~ga~O- ~ F ·
of these g~nt ~u.u~-
DepaRment at the time of submission of the final close--ut re~-
19
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 98-24, Florida Administrative
Code. The amount of program income and its disposition must be reported to the Department at the time of
submission of the final close-out report. Expenditure of program income balances at contract end must 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 wdting to those applying for services.
In the event of a complaint/appeal, the complaint/appeal shall first be heard by the:
Engineering & Comm. Dev. Director(TitleofPosition).
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be heard
by: Ci by Hanager (Title of Position).
Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing will be held by:__
C i t y Comm i s s i on (Committee or Full Board).
All complaints received by the Department will be referred to the Recipient.
2O
ATTACHMENT B-2
MONITORING, EVALUATION & TECHNICAL ASSISTANCE
A. Training and technical assistance shall be provided by the Department, within limits of staff time and
budget, upon request by the Recipient and/or upon a determination by the Department of Recipient need.
B. The Recipient shall allow the Department to carry out monitoring, evaluation and technical assistance and
shall ensure the cooperation of its employees, and any subgrantees with whom the Recipient contracts to
carry out program activities.
ATi'ACHMENT C
RECORD KEEPING
A. Information on each client should include, but not be limited to: Client Intake Form, Client Selection
(Priority) Criteria, Copy of the Compliant/Appeal Procedures Form, Picture ID, Social Security Cards,
Documentation of Income for all members of the household, Documentation of Ownership or Landlord
Agreement (when applicable), Building Work Report (BWR), National Energy Audit (NEAT), Household Data
Form, a copy of the Client/Agency Pre-Work Agreement Form, invoices and payment vouchers.
B. When the agency WAP Coordinator has determined the weatherization activities to be pedormed on a
home, the measures to be addressed will be listed on a Client/Agency Pre-Work Order Agreement Form. The
work to be performed will then be discussed with the client, and both the client and the coordinator will sign
and date the form. Once this form is signed, work may commence and a copy of this form must be placed in
the client file.
ATTACHMENT D
REPORTS
A. Reports are due to the Department by the 10th of the month. The Recipient shall submit a Financial Status
Report (FSR), a Unit Characteristics Report, Monthly Summary and a Building Work Report (BWR) package
for each dwelling unit on which work has been completed and inspected. The BWR package shall consist of a
signed, dated copy of the BWR, a copy of the NEAT printout sheet and a completed Client Intake Form,
B. All subqrantees are encouraRed to contact clients having received weatherization services after sixty days,
to obtain the post weatherization utility bill amount. This comparison of utility bill amounts, pre and post, may
then be reported on the Semi-Annual Success Story Report.
C. Failure to submit all required reports as outlined in A. shall constitute grounds for suspension or termination
of this agreement. Reports and notices must be submitted to:
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance, Weatherization Assistance Program
2555 Shumard Oak Blvd., The Sadowski Building
Tallahassee, Florida 32399-2100
D. 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.
E. Hand delivered reports must be date stamped in by Department staff. Each report form shall be signed by
the Recipient's designated agent.
23
ATTACHMENT E
WEATHERIZATION ASSISTANCE PROGRAM (WAP) JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate if you are requesting an advance or if no advance is being requested by completing the appropriate .areas below. If an
advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement is subject to s. 216.181 (16)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected
cash needs of the recipient within the initial 3 months. Thereafter, disbursements shall be made on a reimbursement basis.
(X ] NO ADVANCE REQUESTED [ ] TOTAL COMBINED ADVANCE REQUESTED
No advance payment is requested: Advance payment of is requested; balance of
payment will be made solely on payments will be made on a reimbursement basis. The funds are
a reimbursement basis, Needed to pay staff, award benefits to clients, duplicate forms and
purchase start-up supplies and equipment. We would not be
able to operate this pro~ram without this advance.
DIRECTIONS:
1, First Time Recipients: Must provide the Department with an estimation of expenditures for the first three months of the
contract. Only the column for the current fiscal year needs to be completed.
~are three ears of ex ~enditures to advance payments received.
COMPLETE BELOW FOR THE (1) (2) (3) (4) (5)
FIRST THEE MONTHS Contract 0t Contract 02 Contract 03 Total Average
EXPENDITURES FOR THE (First three months (First three months (First three months (3 Years) (3 Years)
YVEATHERIZATION PROGRAM of contract) of contract) of contract)
1. I WEATHERLZATION
Required <6) (?) (8) (9) (10)
Information Contract 0t Contract 02 Contract 03 Total Average
(First three months (First three months (First three months
of contract) of contract) of contract)
2. TOTAL ADVANCES
3. TOTAL EXPENDITURES
4. DIFFERENCE
NOTE:
I. Expenditures: Line 1 program/per previous three contract years - Materials and labor, Administration, travel, equipment expenses, audit expenses, and
Fee For Service (based on materials and labor expenditures).
2. Line 5: Total from column 1.
3. Advance Requested: Should bc based on thc total average Line 3 Column 10 - or the Request for Waiver information below.
4. Line 4: Difference between advance and expenditure.
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
The recipient has exceptional circumstances that require an advance greater than the first three months average expenditures of the previous
hart and Justification below. Insert total ~ses above in Advance Requested.
BUDGET CATEGORY 2003-2004 Anticipated Justification
Expenditures for the First (Explanation of Circumstances)
Three Months of Contract Attach additional pages if needed.
TOTAL Anticipated (First Three Months) il II
24
ATTACHMENT F
PROPERTY MANAGEMENTAND PROCUREMENT
A. The Recipient shall comply with procurement standards equivalent to the requirements of 10 C.F.R. 600.436(b) for
local government subrecipients and 10 C.F.R. 600.119 for non-profit Recipients and relevant state and local laws
applicable to the procurement of supplies, equipment, construction, and services.
B The Recipient shall comply with property management standards for non-expendable property equivalent to 10
C,F.R. 600.432 for local government Recipients and 10 C.F.R, 600.117 for non-profit Recipients.
25
ATTACHMENT G
COPYRIGHT~ PATENT AND TRADEMARK
(a) If the Recipient bdngs to the performance of this Agreement a pre-existing patent or copyright, the
Recipient shale retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention
to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any
and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the
State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the
Recipient shall notify the Department. Any and all cepydghts accruing under or in connection with the performance
under this Agreement are hereby transferred by the Recipient to the State of Flodda.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all dghts and entitlements to any pre-existing intellectual property which
is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under
Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement.
ATTACHMENT H
STATEMENT OF ASSURANCES
The Recipient hereby certifies the following assurances:
A. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar
action authorizing the filing of the contract, including all understandings and assurances contained
therein, and directing and authorizing the Recipient's chief executive to act in connection with the
agreement and to provide such additional information as may be required.
B. Contractors' and subcontractors' licenses must comply with state and local laws, ordinances and
regulations, and shall be appropriate and adequate to cover each of the tasks being performed
pursuant to this Agreement and any subcontracts under this Agreement. The Recipient shall
maintain copies of all contractor and subcontractor licenses (current for the program year when the
work is performed), ss well as a copy of each contractor' s liability insurance policy.
C. Units of local government, Indian tribes and non-profit organizations shall secure and maintain
such insurance as may be necessary for protection from claims under Worker's Compensation Acts
and from claims for bodily injury, death, or property damage which may arise from the performance
of services under this Agreement.
D, Pdodty in selection of clients will be given to the elderly and the disabled.
E. The Recipient shall give priodty to units served in order of preference as follows:
1. single family owner occupied units,
2. single family ranter occupied units in buildings up to five units,
3. multi-familyunits (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 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 ComptrelleCs 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.
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funds.
J. The Recipient will not use funds provided under this contract to supplant other federal, state or local
K. All non-profit Recipients will maintain a fidelity bond indemnifying against losses resulting from the
fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a position of
trust. The amount of the bond must be no less than one-fourth of the total amount of this Agreement.
L. All work ordered, completed and paid for from these grant funds must be directly related or incidental
to the Scope of Work (Attachment A-2). Incidental repairs are those necessary to make the installation of energy
conservation measures effective or to protect such materials. The cost of incidental repairs, labor and materials, may
not exceed 25% of the total cost of labor and materials for the house.
M. As part of the initial evaluation of the house, the Recipient will perform an air pollution source survey
and a blower door test in accordance with department prescribed protocol. If there are gas appliances present, a
carbon monoxide test is required. After air tightening procedures are performed on the unit, another blower door test
and monoxer test will be performed to make sure the house is not tightened beyond acceptable measures.
N. Elimination of energy-related health and safety hazards are permissible if such elimination is
necessary before, or as a result of, installation of weatherization materials. The maximum amount allowed shall not
exceed $300 per unit and this amount must be included in the total cost of the unit.
O. All weatherization work will be performed according to the Department of Energy C.F.R. part 440
guidelines using the National Energy Audit (NEAT) or other audits required by the Department on all units receiving
weatherization services.
P. The Recipient shall secure and maintain Intemet computer services and notify the Department of the
e-mail addresses of employees involved in this Agreement.
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ATTACHMENTI
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 part 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 expended in another county without prior written approval of the
Department.
COUNTY ALLOCATION
ATTACHMENT J
Special Conditions
No special conditions.
3O
ATTACHMENT K
RECIPIENT INFORMATION FORM
Please complete all information applicable to your organization.
A. RECIPIENT CATEGORY:
( ) County Government (×) City Government
( ) Community Action Agency ( ) Other pdvate, Non-Profit Agency
( ) IndianTdbe ( ) 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: sa n lc)roi Zip Code: ~2772-!789
Telephone:(~J17 330-5665 FAX Number:(4~ 339 5577
E-mail address aibsonr~ci.sanfc~rd.fl _,~
3. Street Address (if different from above): '~nn ki'_ p~-k ~_V ....
Sanford, F1 32771
4. Chief Elected Official:
Brady Lessard
(Name)
E-mail address
5. Executive Director
Russ Gibson
Name)
E-mail address
Mayor
(TJtle)
~ P~mml]n~ty Der_ Department Dir
(Title)
6. Program Coordinator:
(Name)
E-mail address
7. Finance Director:
Kevin Smith
(Name)
Oentr=-cts Cocrdinator
(Title)
fly. Number (407) 330-5677
Finance Director
(Tit~e)
E-mailaddress Am~h~___.~,,,~,~,u~_= ..... ~AXNumber
31