998-LIHEAP 04-Energy AssistanceRevised: August 15, 2003
Contract Number: 04LH-3R-06-69-02-030
CFDA Number: 93.568
WEATHERIZ~,TION / LOW INCOME ENERGY ASSISTANCE PROGRAM
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is emered into by end between the State of Florida, Department of Comm~mity
Affairs, with headquarters in Tallahassee, Florida (bereinaflces referred to as the "Department"), end City of Senford
(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; end
B. WHEREAS, the Depar~nent has received these grant funds from the federal government, end has the
authority to subgrant these funds to the Recipient upon the terms end conditions hereinafl, er 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 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 end Federal laws, ~,~!~:s 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 ~:!~;r, void
shall end September 29, 2004, unless terminated earlier in aecordence 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 mumally
agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, end attached to the
original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be made payable to
the order of "Department of Community Affairs", and mailed directly to the Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with § 215.34(2)', Fla. Stat., if a check or other draft is retumed to the Department
collection, the Department must add to the amount of the check or draft a service fee of Fifteen ibollars
($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 Circular No. A--87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for~Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agr~erm~nt
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shal~ be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its cempliance with the
terms of this Agreement for a pedod 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 req[~est.
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 pedod 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 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 val~Jec{
$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 o~ 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 dudng normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Fdday. "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 F.
(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with monthly, quarterly,
and a close-out report.
(b) Monthly reports are due to be received by the Department 10 days after the end of
each month. Quarterly reports are due to be received by the Department 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 for each quarter of the program year are March
30, June~,30, September 30 and December 31
~ (c) The close-out report is due 45 days after termination of this Agreement or upon
complefioh 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 periods, 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 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 entering 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 and ccoparete 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 shalt save the Department harmless against all claims of whatever nature by third
parties adsing 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 Departmen!, ~r~(~
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
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.
(g)' 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''), all obligations on the part ~f
Department to make any further payment of ;"unds hereunder shall, if the Department so elects,
and the Department may, at its option, exercise any of its remedies set forth herein, but the DepaHme~r~[
may make any payments or parts of payments after the happening of any Events of Default without
thereby waiving the dght 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 Agreemcr~t
any previous Agreement with the Department shall at any time be false or misleading in any respecL ~ if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in thh~
Agreement or any previous agreement with the Department and has not cured such in timely fashi~, or
is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of ~e
Recipient at any time dudng 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 adveme
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
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion A~y
services required under the Fee for Service and Scope of Work attached hereto as Attachment/~,
A-2.
(b) Upon the happening of an Event of Default, then the Department may, at it~ ~pfion,
upon thirty (30) calendar days prior wdtten notice to the Recipient and upon the Recipient's failule ~o
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 pumuing 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 tei'mination. 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;
this Agreement;
2. Commence an appropriate legal or equitable action to enforce performance of
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non,
compliance or lack 0f performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department f~r tile
amount ~of costs incurred for any items determined to be ineligible;
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 wdtten notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner;, and
refusal by the Recipient to permit public access to any document, paper, latter, or other matedal subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla;
Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) In addition to any other remedies, the Recipient shall retum to the Department any
funds which were used for ineligible purposes under the program laws, rules, and regulations gover~i~,q
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 ex,.ant
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 hek, w
at the address set forth below and said notification attached to the original of this Affreeme~t
(b) The name and address of the Department contract manager for this A[lfee:.~[e~[ 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:
Russ Gibson, Direct. hr
Enclineerin~ & Community Development Department
City of .q~nfr~rd, P.O. BOX 1788, Sanford, 32772
Telephone: (407~
Fax: (4~7) qqn-~'77
Emait: g~hnnnr~ ~n~q_rd.fl.us
5
(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.
(I, 1) 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 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 Flodda, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any prevision 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 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 right
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedv
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 accomrffedations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following ~
conviction for a public entity crime or on the discriminatory vendor list.may not submit a bid on a cor~tract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public er~tity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public enfity, 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, an(~
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. 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 five-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;
3. are not presently indicted or othem/ise 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 pedod 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 support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expendit~[c 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" st~all 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
statements upon request for the purposes of auditing and monitoring the funds awarded under thi.~
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as {~f~n~ d
in OMB Cimular 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 Agreement. In determining th~
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-1
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 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 resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages 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:
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
Weatherization 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, Fledda 32399-2100
and
Department of Community Affairs
Weatherization 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 data the audit report is issued, and shall allow
the Deportment, or its designee, the Comptroller, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers ara made available to the Department, or
its designee, the Comptroller, or Auditor General upon request for a pedod of five years from the date the
audit report is issued, unless extended in writing 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,,
mcjulations 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 period, 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 lice[~sed 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 arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS,
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
9
(c) This Agreement has the following attachments:
Exhibit 1
Attachment A-1
Attachment A-2
Attachment B-1
Attachment B-2
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
Attachment J
Attachment K
Funding Sources
Fee for Service Summary and Detail
Scope of Work
Program Statutes and Regulations
Monitoring, Evaluation & Technical Assistance
Record Keeping
Reports
Advance Justification
Property Management and Procurement
Copydghl~ 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 $ 41,174 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 sa ft~tv measures
as a Fee for Service based on monthly completion of units. Based on the Fee for Service amount~ the total cost of
materials, labor and the health and safety total, the recipient may charge 7% for Administration as explmned in the
provisions of Attachment A-l, Fee for Service Summary and Detail. Administration may not exceed 7% ntthe total
amount of the Agreement. I fthe 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 unilaterally, upon wrifte~ m~tice to the
Recipient, decrease the funding under this Agreement. The decrease will be effective upon receipt ol 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 als[ subiect to federal OMB
Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance [~Wr[l'~tt is
requested, the budget data on which the request is based and aj ustification statement shall be included in this Agreement
as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explaha~on 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- 1 and A-2
of this Agreement.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
10
(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 Flodda Constitution.
(b) If otherwise allowed under this Agreement, the Agreement may be renewed on a
yeady 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 pedod 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
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 112.061, 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.
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 Flodda will not intentionally award publicly-funded contracts to anl,
contractor who knowingly employs unauthorized alien workers, constituting a violation of the emptoy~
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nati(,~ [~li~'/~ct
("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens
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 (~f this Agreer~en~
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 bast of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
]!
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a matedal representative of fact upon which reliance was placed when
this transaction was made or entered into. Submiss~3n of this certification is a prerequisite for makihg or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
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, PATENTAND 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 goveming body
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all cove-~
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(21) ASSURANCES..
The Recipient shall comply with any Statement of Assurances incor'poreted 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
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be execated by their
undersigned officials as duly authorized.
Recipient: ~~
BY:
Name and title: Brady Lessard, Mayor
F,O
STATE OF ELORIDA DEPARTMENT OF COMMUNITY AFFAIRS
Libby Lane, Acting Director, Division of Housing and Community Development
Date:
EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
Federal Program:
Federal Agency:
CFDA Number:
Amount:
Low Income Home Energy Assistance Program
United States Department of Health and Human Services
93.568
$4t,174
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown
below.
Federal Program:
List applicable compliance requirements as follows:
Purposes resources must be used for:
The Recipient will use these funds to perform energy saving repairs and installati;~r' ~f ~ner~Jy
saving measures on Iow-income homes throughout the state. These funds will be a~_~,~ini~tered
statewide through an existing network of non-profit and local government agencies, i hese ~=unds
will be expended in accordance with the Scope of Work, Attachment A-2; Program ~tatues and
Regulations, Attachment B-1; Record Keeping, Attachment C; Reports, Attachment D; Property
Management and Procurement, Attachment F; Statement of Assurances, Attachment G; County
Allocations, Attachment H; Special Conditions (When Applicable), Attachment I of this Agreement
and applicable OMB Circulars.
Eligibility requirements for recipients of the resources:
The recipient will comply with eligibility requirements as set forth in the Department of Energy
10 CFR Part 440 Final Rule and applicable OMB Circulars. First applicable compliance
requirement (e.g., what services/purposes resources must be used for).
NOTE: Instead of listing the specific compliance requirements as shown
above, the State awarding agency may elect to use language that requi~e$
the recipient to comply with the requir~ents of applicable prov~.sions 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.
The State awarding agency, if practical, m~y w~t to attach a copy' of the
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 matchinq represent more than
one Federal proqram, provide the same information shown below for each Federal
proqram and show total State resources awarded for matchinq.
14
Federal Program (list Federal agency, Catalog of Federal Domestic Assistafice
title ~nd 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 Financ~at
Assistance title and number) - $ 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 provide(i by
the Department of "mC" for Federal programs, the requirements migb;
similar to the requirements for the applicable Federal programs. A]~ to
the extent that different requirements pertain to different amounts
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 OMB Circular A-133, as revised, and
215.97(5) (a), Florida Statutes, require that the information about
Programs and State Projects included in Exhibit 1 be provide~]
recipient.
15
ATTACHMENT A-1
FEE FOR SERVICE SUMMARY AND DETAIL REPORTING INSTRUCTIONS (WAP-LIHEAP)
BWR MATERIAL AND LABOR TOTALS MUST EQUAL THE AMOUNTS SHOWN ON THE FSR
From the Financial Status Re_.~oort: CURRENT MONTH TOTAL TO DATE
1. a) Matedal (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 7%)
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
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 p~e and
post blower door labor, inspections, intake etc.)
2. HEALTH AND SAFETY (ENERGY-RELATED HAZARD MEASURES ONLY): Tills category mu~t
reported separately. This is for material and labor (other than weatherization material & labor) to
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 matedal 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. ADMINISTRATION ( LINE 5 X 7%): This can only be earned monthly, based on the total of material, labor,
health and safety and Fee for Service.
7. COMPREHENSIVE ANNUAL AUDIT: This is for the pro rata share of the agency audit charged to each
program. The Recipient must not bill in excess of 1/12th of the cost of the audit in any single month.
8. TRAINING AND TECHNICAL ASSISTANCE: Equipment, travel for training, workshops or conferences will
not be reimbursed without prior written approval from the Department.
9. TOTALS (CURRENT MONTH & TOTAL TO DATE COLUMNS): Add these columns and enter the totals on
this line.
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 supplements[
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 informatio~
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, Savin§s
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 en
average of $2,614 per house. Prior approval from the Weatherization Program Office is required to exceed
amount.
D. When the agency WAP Coordinator has determined the weathedzation activities to be performed on a ho~3~,
the measures to be addressed will be listed on a Client/Agency Pre-Work Order Agreement Form. The ~,~}rt~
be performed will then be discussed with the client; and both the client and the coordinator will sign and d~t(;
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 respo~
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.
l?
ATFACHMENT B-1
PROGRAM STATUTES AND REGULATIONS
Both the Recipient and the Department shall be governed by applicable laws and rules, including but
not limited to:
A. Pub. L 94-385, Part A, Title IV ("Energy Conservation and Production Act of 1976"); the Omnibus
Budget Reconciliation Act of 1981, Title XXVI of Pub. L. 97-35 (Low-Income Home Energy Assistance Act
of 1981 ); Title II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96-619); Title V,
Subtitle E, of the Energy Security Act of 1981 (Pub. L. 96- 294); and Chapter 163, Fla. Stat.
B. All federal statutes relating to nondiscrimination including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) which prohibits discrimination on the basis
of race, color or national 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
nondiscrimination on the basis of drug abuse;
6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitetir~
of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abus~
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 Weatl~erization
Assistance Program.
10. The Americans with Disabilities Act of 1990, Public Law 101-336 (42 USC. 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.).
18
E. The Recipient will comply with the Lead-Based Paint Poisoning Prevention Act (42 U,S.C. 4081 et
seq.) which prohibits the uso of lead-based paint in construction or rehabilitation of residence structures.
F. The Recipient will assist in assudng 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 eligible,
or voluntarily excluded from participating in lhis Agreement by any Federal Department or agency.
H. The Recipient shall screen applicants for program eligibility under 1986 Immigration and Nationality
Act, as currently amended.
I. Recipients which procure $10,000 or more of insulation products annually are required to put into effect
an affirmative procurement program to insure the purchase of insulation products composed of the
highest percentage of recoverable materials practicable, taking into consideretion competition,
availability, technical performance and cost in accordance with Section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act of 1976, and guidelines promulgated
by the Environmental Protection Agency.
J. All applicable federal rules, regulations and guidelines including 10 C.F.R. 600, and all applicable
OMB Circulars, as revised, as they relate to the application, acceptance, and use of federal funds under
this Agreement.
K. Other applicable federal and State laws, rules, regulations and guidelines.
L. There shall be no religious worship, instruction, or proselytization as any part of, or in connec[ior~ with,
the performance of this Agreement.
M. The Recipient certifies that neither its organization nor any member of the staff i§ debarred or
suspended or is otherwise excluded from or ineligible for participation in federal assistance progr:~i~;~}
under Executive Order 12549, "Debarment and Suspension." The contractor may not make any
subcontract to a debarred or suspended party. A current listing of such parties is maintained by the
Department for review.
N. Before beginning work on any dwelling, the Recipient shall have:
1. 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 assuring compliance with 10 C.F.R. Part 440.22.
O. INTEREST INCOME: Except as provided for advance payments, the Recipient may temporarily
invest grant funds, but any interest income shall either be returned to the Department or be applied
against the Department% obligation to pay the contract amount. Any interest income earned by the
temporary investment of these grant funds that are not applied against the Depertment's obligation to pay
shall be returned to the Department at the time of submission of the final close-out report.
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 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'~ agency, and provided in writing to those applying for services.
In the event of a complaint/appeal, the complaint/appeal shall first be hoard by the: ,gn~innerlng & Comm. Dev. Director (Titie of Position).
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be
heard by: Ci t y Hanaqer (Title of Position).
Should the second level complaint/appeal be unable to resolve the difficulty, the final heedng will be held
by: City Commission (Committee or Full Board).
All complaints received by the Department will be referred to the Recipient.
20
A'I-I'ACHMENT B-2
MONITORING, EVALUATION & TECHNICAL ASSISTANCF
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.
A'I-rACHMENT 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 Secudty Cards,
Docum,entation 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 performed 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 pdntout sheet and a
completed Client Intake Form.
B. All sub~lrantees ara encour~q_,~ to contact clients having received weathedzation services after sixty
days, to obtain the post weathedzation 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, Weathedzafion Assistance Program
2555 Shumard Oak Blvd., The Sadowski Building
Tallahassee, Flodda 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 ~,hall be
signed by the Recipient's designated agent.
ATTACHMENT E
WEATHERlZATION I LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
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.
(× ] NO ADVANCE REQUESTED [ ] TOTAL COMBINED ADVANCE REQUESTED
No advance payment is requested:
payment will be made solely on
a reimbursement basis.
Advance payment of is requested; balance of
payments will be made on a reimbursement basis. The funds are
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 program 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.
2. Continuin,q Recipients: Must compare three years of expenditures to advance payments received.
COMPLETE BELOW FOR THE (1) (2) (3) (4) (5)
FIRST THEE MONTHS Contract 0'1 Contract 02 Contract 03 Total Average
EXPENDITURES FOR TIlE (First three months (First three months (First three months (3 Years) (3 Years)
WEATHERIZATION PROGRAM of contract) of contract) of contract)
i. I WAP-LIHEAP
Required (6) (7) (S) (9) (10)
Information Contract 01 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
TE:
1. Expenditures: Line I 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 fi'om column 1.
3. Advance Requested: Should be based on the 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
three years. Complete estimated chart and Justification below lnser~ total ea
BUDGET CATEGORY 2003-2004 Anticipated Justification
Expenditures for the First (Explanation of Circumstances)
Three Months of Contract
Attach additional pages if needed.
TOTAE Anticipated (First Three Months)
24
ATTACHMENT F
pROPERTY MANAGEMENT AND PROCUF~EMEN..__~T
A. The Recipient Shall.comply with procurement standards equivalent to the requirements of 10 C.F.R. 600.436(b) for
local govemment 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 ~on-e×pendable 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
COPYRIGHT, PATENT AND TRADEMARK
(a) If the Recipient bdngs to the performance of this Agreement a pre cxisting patent or copyright, the
Recipient shall retain all dghts and entitlements to that pre-existing patent or copyright unless the Agreement provides
otherwise.
(b) If any discovery or invention adses 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 Flodda. In the event that any books, manuals, films, or other copyrightable matedal are produced, the
Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance
under this Agreement are hereby 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 properly 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 dudng 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), as well as a copy of each contractor' s liability insurance policy.
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 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 renter occupied units in buildings up to five units,
3. multi-family units (5 units or more per building), with 10% owner participation,
4. multi-family units (5 units or more per building), without owner participation in
cases where the landlord can document an inability to pay the required 10%.
F. To the maximum extent practicable, the use of services provided under this Agreement shall be
coordinated with other Federal, State, local, or 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 Comptroller's Office,
legislative or federal auditors, and Department of Energy personnel.
I. In order to ensure that no undue or excessive enhancement takes place on renter occupied units,
the Recipient 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.
27
j. The Recipient wilt not use funds provided under this contract to supplant other federal, state or local
· ainst losses resulting from the
' · n ' demmfy~ng ag · a osition of
funds. . ~,, ,~intain a fidehfy bo d ~ .... r other persons hold?g P
...... ~,,fit Recipients w,,,, ....._.~ =mnloveeS, om~;~ '~- . _, .~.~e Aqreemem.
K. AlIno"'V~v_ _~,,,ofoneormu/~"~ ,~,kototalamOUmO~U-°
fraud or lack o~ t,~u.,,~,., k,,nd must be no less .... 'd for from these grant funds must be directly relat.ed Orrm.Cldentat
trust The amoUnt o~ u ~ ~- irs are those necessary to make the installation ot erie gY
L. All work ~rder_.~ ~c~ ~lPnl~i~e~enat~dreP~ incidental repairs, labor and materials, may
to the ScoPe of Work (Attacnme[~t ~'~' '
conservation measures effective or to protect such matenalS. The cost of
not exceed 25% of the total cost of labor and materials for the house.
M As part of t ....... rtment presc,u ~ - -,-,~,~ on the unit, an
'"'. _~ , accordance wire u~,o . ~ ..~,~-~lureS are p~,~.,,~- ~ -~-antab e mei3sure:a.
and a blower d. oor te~.'." ' _~.~,~d After air tightenm~ ?~ ~'~- R not tightoned beyonu a"""~-
n monoxide test ~s r~,a.~,_, .--~.~,~ fn make sure the nou~
aCan~°°mronoxer test w~ll be pe[~u., ..... rmissibte if such e iminafion ~s
rds are pe ed shall not
..... d safet'J haza - .-- amount allow
....... f energy-related healm u,. ...... terials. The max~mu-,
N. E imlrtauu- '~ . . ~fion of weathenzauu-
necessary before, or as a resu t or, ~nstu~,o, . ' the total cost of the unit.
exceed $300 per unit and this amount must be included tn
O. All weatherization work will be pedormed according to the Department of Energy C.F.R. part ~40
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 thtemet computer serVices and notify the Department of the
e-mail addresseS of employees involved in this Agreement.
~, ATTACHMENT I
/ COUNTY AL._._~LOCATIONS
Thee financial allocation specified for each county by program is designated to be spent in thatcounty.
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 expended in another county without I~Hor written al)l)roval of t~
Department.
COUNTY
ALLOCATION
29
ATTACHMENT J
Special Conditions
No special conditions.
3O
ATFACHMENT K
RECIPIENT INFORMATION FOR~
Please complete all Information a~anization'
A. RECIPIENT CATEGORY:
( ) County Government (X) City Government
( ) Community Action Agency ( ) Other private, Non-Profit Agency
( ) Indian Tdbe ( ) Other, Specify
B. _GENERAL ADMINISTRATIVE INFORMATION:
1. Recipient's fulllegal name: City of Sanfor~
THE WARRANT WILL BE MAILED TO THIS ADDRESS UNLESS OTHERWISE INDICATED:
Recipient' s Name and Title:, City of Sanfor(~
Mailing address: P.O. Rnw ] 788
City: Sanford
Teephone: ~)7_. 330-5665
E-mail address
Zip Code:. 3277;~- 1788
FAX Number: (~__Q)7 330-5677
gibsonr~ci, sanford, fl. us
3. Street Address (if different from above): 300 N. Park Avenue
Sanford, F1 32771
4. Chief Elected Official:
Brady Lessard, Mayor
(Name) (Title)
E-mail address
5. Executive Director
Russ Gibson, Enqineerinq & Community Dev.
Name) (Title)
E-mail address oibsonr~cl .sanfor~. f~
6. Program Coordinator:
Dapt. Dir~tnr
Paula H. Freytes-Torresf Contracts Coordinator
(Name)
(Title)
E-mailaddress freytesp~ci.sanford.f].Ft/~Number/4c)7~ 33C)_~677
7. Finance Director:
Kevin ~qrnif-.h. Pinnn~ D~tor
(Name) (Title)
E-mail address smi thE~¢i · san fnrc]. ¢1 , ~lsFAX Number L,,~07
330 5556
31