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999-LIHEAP 04-HOME REPAIRRevised: August 15, 2003 Contract Number: 04LE-35-06-69-02-030 CSFA Number: 52.015 LOW INCOME EMERGENCY HOME REPAIR PROGRAM STATE-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by end between the State of Florida, Department of Community Affairs, with headquarters in Tallahassec, Florida (hereinafier referred to as the "Department"), and City of Senford, (hereinaRer 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 Deparanent has received these grant fimds from the State of Florida, anti h~s the authority to subgrant these funds to the Recipient upon the terms end conditions hereinaRer set forth; and C. WHEREAS, the Department has authority pursuent 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 accordence with the Budget end Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Recipient end the Department shall be governed by applicable State end Federal laws, rules end 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 September 29, 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. Chenges which .are mutually 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", end mailed directly to the Department at the following address: Department of Community Affairs Cashier Finence and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen [~otlars ($15.00) or Five Percent (5%) of the face amount of the check or dra~ whichever is greater. (5) .RECORDKEEPING (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five yearn 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 th~ audit report is issued, unless extended in wdting by the Department, with the following exceptions: ' ' 1. If any litigation, claim or audit is started before the expiration of the five 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 propert7 valeted at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five after closing of title. (b) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Fee for Service and Sc~)pe of Work - Attachments A-1 and A-2, and all other applicable laws and regulations. (c) The Recipient, its employees or agents, including all subcontractors or cons[~ltents 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., time, on Monday through Friday. "Agents" shall include, but not be timited to, auditors retained by ~he Department. (d) 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 urtder this Agreement are set forth in Attachment F. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with monthly reports, and with a close-out report (b) The close-out report is due 45 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (c) If all required reports and copies, prescribed above, are not sent to the Department or are not cempleted 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 ,-ompleted in accordance with generally accepted principles and is consistent with the Budget and Scope o~' Work. (d) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. Attachment D. (e) The Recipient shall provide additional reports and information as identified in (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Florida Statutes (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 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 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 c~rrying 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 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 arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by 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 of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without 3 thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder, 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said matedal adverse change within thirty (30) days from the time the date wdtten notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Fee for Service and Scope of Work attached hereto as Attachments A-1 and A-2. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exemise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained 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 wdtten 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; this Agreement; 2. Commence an appropriate legal or equitable action to enfome 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 of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 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; freud; 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. 4 (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 dghts 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) NOTICEAND 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: Rll~ R~ ~nn: n~ r~to1~ ~n_~n~er~n~ ~ ¢Ic~mmunity Development Department C~.E n~ ~n~n~H: P.O. BOX 1788, Sanford 32772 Te;ephone: ( nn 7 ) ~30-5665 Fax: (~07) 330-5677 Email:g~ h~n~r~ . ~n ford. fl. us (d) I~ the event that different representatives or addresses are designated by either pa~ affe~ execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. (11) OTHER PROVISIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any 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 Flodda, and venue for any actions adsing out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable stetete 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 right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one o~ wl~ich may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public [.aw 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and pdvate 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 followil~g conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on P, to provide any goods or services to a public entity, may not submit a bid on a contract with a publk; ~:~ fiity for the construction or repair of a public building or public work, may not submit bids on leases of property to a public enfity, may not be awarded or perform work as a contractor, supplier, subcontl~ctr~r, or consultant under a contract with a public entity, and may not transact business with any public ehfity in excess of Category Two for a period of 36 months from the date of being placed on the convicted ~,~ list or on the discriminatory vendor list. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt, and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" sh~ll 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 nonstate entity as defined by Section 215.97, Fla. Stat., and in the event that the Recipient expends a total amount of State financial assistance equal to or in excel,.~. of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Comptroller; and Chaptem 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in paragraph 12(d) above, the Recipient shall ensure that the audit complies with the requirements of §215.97(7), Fla. Stat. This includes submission ora reporting package as defined by §215.97(2)(d), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of §215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $300,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the previsions of §215.97, Fla. Stat, t he cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 12 be submitted by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affaim Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Weatherization Program Office Division of Housing and Community Development 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit or~ganizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department for audit$~done in accordance with OMB Cimular 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 d~te that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) The Recipient shall retain sufficient records demonstrating its compliance 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, 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 pedod of five years from the date the audit report is issued, unless extended in writing by the Department. (g) 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 liabte reimbursement to the Department of all funds not spent in accordance with these applicable regulati~,h,~: and Agreement provisions within thirty (30) days after the Department has notified the Recipient o! such non-compliance. (h) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a pedod of five years after the date of submission ~)~ the final expenditures report. However, if litigation or an audit has been initiated pdor to the expiration el 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 licensed under Chapte[ ~73, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (j) The audit is due seven (7) months after the end of the fiscal year of the Eecipient or by date the audit report is issued by the state Auditor General, whichever is later. (k) 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 subbontractor 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) AI-i-ACHMENTS. (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 eordtiet or inconsistency. (c) This Agreement has the following attachments: Exhibit Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Funding Sources A-I Fee for Service Summary and Detail A-2 Scope of Work B-1 Program Statutes and Regulations B-2 Allowable Program Activities C Record Keeping D Reports E Advance Justification F Property Management and Procurement G Statement of Assurances H County Allocations Special Conditions J Recipient Information Form (16) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for incurred in the satisfactory performance of work hereunder in an amount not to exceed $52,637 subject to the availability of funds. Performance of work must be in accordance with the provisions of Attachment A-2, Scope of Work. 'lhe Recipient will be reimbursed for 10% of the total cost of materials, labor and energy related health and safety measures as a Fee for Service based on monthly completion of units. Based on the Fee for Service amounL thc ~(3~al cost of materials, labor and the health and safety total, the recipient may charge 10% for Administration ~,; in the provisions of Attachment A- 1, Fee for Service Summary and Detail. Administration may not exc~ -xxl 1 ti% c~f 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-1 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 rece, jp~ notice by the Recipient. (b) Any advance payment under this Agreement is subject to Section 216. lgl(16),Fla. Stat. 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. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify 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. _ An advance payment orS is requested. (c) At'er 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, hereto as Attachments A-1 and A-2 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 confingen~ upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed for a period that may not exceed two (2) years or the term of the original contract, 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 112.061, 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 o~ (~ther 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 FIodda will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employing,hr provisions contained in 8 U.S,C. Section 1324a(e) [Section 274A(e) of the Immigration and Nati~litv 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 ef this Agreement [~y the Department, (18) STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (19) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all dghts and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. ]0 (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 Flodda. Any and all patent dghts accruing under or in connectior~ ~,ith the perf(')rmance of this Agreement are hereby reserved to the State of Florida. 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 dse to a patent or copyright. The Recipient shall retain all rights and entitlements to ~,ny pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no sixth property exists. The Department shall then, under Paragraph (b), have the right to all patents ~r~d copyrights which occur during performance of the Agreement. (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 authorized, by resolution or otherwise, the execution and acceptance of this Agreement with a~l ~ ~'~'~,(~ [;~ts and assurances contained herein. The Recipient also certifies that the undersigned possesses 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 H. (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 and/or services provided in accordance with the termsand conditions ofthe Agreergent. Fail[~re ~o the warrant within 40 days shall result in the Department paying interest at a rate as establishe¢f to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the w~rr~r~t. Vendors experiencing problems obtaining timely payment(s) from a state agency receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. 11 IN WITNESS WHEREOF, the parties hereto have causal this contract to be executed by their undersigned officials as duly authorized. STATE OF FLORIDA DEPARTM~EN'~OF COMMUNITY AFFAIRS l_ibb~ kane, ^cting Director, Division of Housin[1 and Communiht Development Date: l~l [~'~'-'('-. EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program: Petroleum Violation Escrow Fund Federal Agency: Department of Energy CFDA Number: 81.042 Amount: $17~546 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: List applicable compliance requirements as follows: N/A STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT C()N SIST OF TI tE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: N/A NOTE: If the resources awarded to the recipient for matching represent more than one Federal program, .~r_9_v_i3J_q: the same information shown below for each Federal program and show total State resources awarded for malchmg: Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $ (I.00 SUBJECT TO SECTION 2 l 5.97, FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State project, provide the same infnrmation shown below for each State proiect end show total state financial assistance awarded that is'subiect to Sectior~ 215._97~ Florida Statutes. State Project (list State awarding agency, Catalog of State Financial Assistance title and number) State Agency: Title: CFSA Number: Amount: Department of Community Affairs The Low Income Emergency Home Repair Program 52.015 $ 35,091 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Purposes resources must be used for: The Recipient will use these funds to perform emergency home repairs on Iow-lneome homas 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 aeenrdanee with the Seope of Work, Attachment A-2; Program Statues and Regulations, Attachments B-land B-2; Record Keeping, Attachment C; Reports, Attachment D; Property Management and Procurement, 13 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 etigibility 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: Section .400(d) of OMB 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 A-1 FEE FOR SERVICE SUMMARY AND DETAIL REPORTING INSTRUCTIONS (LEHRP) BWR MATERIAL AND LABOR TOTALS MUST EQUAL THE AMOUNTS SHOWN ON THE FSR From Financial Status Re_port: CURRENT MONTH TOTAL TO DATE 1. a) Material (Total from BWRS) b) Labor (Total from BWRS) 2. Match Contribution current month (Total from BWRS) 3. Total of Lines la, lb & 2 4. Fee for Service (Line 3 X 10%) 5. Total of Line la, 1 b & 4 6. Administration (Line 5 X 10%) 7. Comprehensive Annual Audit 8. 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 by the client and the inspector, may be reported as completed. REPORTING INSTRUCTIONS 1. a) MATERIAL: Materials installed on the unit submitted for allowable program activities. b) LABOR: Labor tied to the installation of materials on the unit submitted. (This does not include pre and post blower door labor, inspections, intake etc.) 2. MATCH CONTRIBUTION: Eligible contributions of materials and labor installed on the unit. May be used in calculating the Fee for Service amount. May not be used to calculate the administrative 10% amount. Can only be claimed as it is used. Material or labor match must be shown on the BWR. 3. TOTAL OF LINES la, lb & 2: This is the amount used for calculating the fee for service. 4. FEE FOR SERVICE (LINE 3 X 10%): This amount will be based on the total of Material and Labor spent for units completed monthly. Liability Insurance, On-Site Supervisor, Local Mileage and Other costs will be incorporated into the Fee for Service (FFS). 5. TOTAL OF LINE la, lb & 4: This is the amount used for calculating the monthly administration amount. 6. ADMINISTRATION (LINE 5 X 10%): This can only be earned monthly, based on the total of Material, Labor 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. 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 ~rovided herein, to carry out the program. The Recipient will be responsible for the fo/lowing 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. Supervising, monitoring and ensuring the quality of all work by staff, volunteers and subcontractors. Providing a final inspection and certification of all work by an employee of the Recipie,lt not directly responsible for the work to evaluate the quality and completeness of the job. C. Providing the Department with documentation and reports as required by this contract as well as other information related to this project as may be specified by the Department. D. The Recipient shall provide services to qualifying Iow-income persons for the purposes stated herein. The following dwelling units are eligible: (1) A dwelling unit that is occupied by an individual or family that is Iow-income as defined in Rule 9B-57.001, F.A.C. (2) Recipient may make repairs to buildings containing rental units occupied by persons eligible for assistance under Rule 9B-57.011 FA,C. where; (a) Recipient has obtained the written permission of the owner or his/her agent; (b) Not less than 66 percent (50 percent for duplexes and four-unit buildings) of the dwelling units in the building: 1. Are eligible dwelling units, or 2. Will become eligible dwelling units within 180 days of completed repairs. (c) The Recipient agrees to establish procedures to ensure that: 1. Rents shall be not be raised because of the increased value of dwelling units due solely to the work provided under this program for a period of one year from the date of completion of all repair work; 2. No undue or excessive enhancement will occur to the value of the dwelling units; 3. All landlords participating in the program are encouraged to provide a match contribution of labor and/or material equal to at least 25 percent (25%) of the total value of the labor and material to be completed on the building including these grant funds and any other match funds; and 4. No more than five units owned by a specific landlord may participate in the program during any program year, unless the landlord contributes at least 25 percent (25%) match as defined in c. above. The landlord's contribution may be waived or reduced if the landlord can document that he/she cannot afford to provide match. 16 5. The Recipient must disclose in the grant contract, pdor to beginning work, its intent to provide assistance to any unoccupied units or units planned for resale within one year after the work is completed. The Department may request additional information on the units to assure that the work done on the units will benefit eligible Iow-income people. If satisfactory proof cannot be provided, the Department will not qualify these units as eligible for the program. If such units are provided service without Department approval, all program funds expended on the unit will be disallowed and the grantee will be required to return the funds to the Department. E. The following types of units are not eligible for the program: (1) Publicly owned rental units. (2) Units planned for demolition within one year after work is completed. (3) Units under litigation or subject to impending legal action. F. The following activities may be paid for with grant funds or the value of such activities may be accepted as match for the grant: (1) Identifying Iow-income residents, completing work write-ups, and negotiating conlmcts for work to be done on the dwelling; (2) Leveraging grant funds and community partnership development; (3) Supervising and monitoring contractors and volunteers; (4) Providing the Department with documentation and reports; (5) Coordinating projects with housing assistance agencies and service providers; (6) Attending Department sponsored or approved workshops, meetings or training sessions; (7) Purchasing instructional or educational materials to train volunteers or staff for this program; (8) Purchasing building material, tools, equipment, material and labor. G. Recipient's administrative expenses may not exceed ten percent (10%) of the total grant funds. H. The Recipient agrees to comply with program parameters which have been established to assist Iow~ income persons, particularly the eldedy and persons with disabilities, to make emergency repairs to their housing units that will preserve and protect the health and safety of their living environment. Recipient agrees to limit persons eligible for assistance under this program to those persons who are at or below 125 percent (125%) of the poverty level as specified annually in the federal Office of Managem. ent and Budget Poverty Guidelines; or that dwelling units to be assisted under LEHRP is occupied by a permanent resident who has received cash assistance payments under Title IV or XVI of the Social Security Act or applicable state or local law at any time during the 12-month period preceding the determination of eligibility for assistance under the LEHRP. The Recipient agrees to establish procedures to ensure that eligible persons over 60 years of age and eligible persons who are physically disabled shall be given priority in the program. I. The cost of labor and material for repairs provided under this Agreement shall be at least $300 per house over the life of the Agreement, and shall average $2,000 per house. J. Work conducted under this program must comply with the Department installation standards and all applicable laws, rules, regulations, ordinances, and codes of the state and local governments. 17 ATTACHMENT 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. Rule Chapter 9B-57, F.A.C., and s.420.36, Fla. Stat. B. The Recipient may temporarily invest LEHRP grant funds, but any interest income shall be returned to the Department at the time of submission of the final close-out report. C. The Recipient may apply program income, excluding interest income, to eligible program activities in accordance with Rule Chapter 9B-24, F.A.C. D. Before beginning work on any dwelling, the Recipient shall have: (1) Documentation of client income eligibility in accordance with the most recent federally a,4tabtL~hed Poverty Income Guidelines. Client income verification must be conducted within 180 days prior to the date the work begins. (2) Documentation of authorization from the owner of the dwelling or his authorized agent. (3) Documentation of proof of ownership. (4) Agreement with the owner of rental property assuring compliance with Rule 9B-57. E. The Recipient must provide a match equal to 20 percent (20%) of the funds expended under this Agreement. Match more than this amount may not be claimed. Match can only be claimed when it is used, not when it is received by the Recipient. Match may be either cash or non-cash donations as defined in Rule 9D- 57.001 F.A.C. F. Loans and federal grant funds made to the Recipient, a Recipient, or the homeowner are not acceptable match. G. Personnel services counted as match or paid out of these grant funds must be directly related to allowable program activities. H. This Agreement must be signed by the Recipient, and the specified number of complete, acceptable and executed copies returned to the Department on or before 45 calendar days after initial receipt of the contract by the Recipient. Failure to comply within said 45 days shall be grounds for the Department to withdraw this offer. I. A written appeals system must be adopted by the board of directors of the Recipient, posted in the Recipient's agency, and provided in writing to those applying for services. In the event of a complaint/appeal, the complaint/appeal shall first be heard by the Engineering and Community Development. Director (Title of Position) Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be heard by: City Manaqer (Title of Position) Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing witl be held by: Ciby ¢ommJ~Jnn (Committee or Full Board) All complaints received by the Department will be referred to the Recipient. 18 ATTACHMENT B-2 ALLOWABLE PROGRAM ACTIVITIES A. The Recipient agrees to charge only the following repairs, including material and labor, under the program: (1) Correcting rotting or other deficiencies in support beams, load bearing walls, and floor joists including termite inspections and treatment. (2) Repair or replacement of unsafe or nonfunctional heating, air conditioning or water heating systems. (3) Building or enhancing access for physically disabled persons, including physically disabled accessibility repairs, improvements or assistive devices, including wheelchair ramps, steps, porches handrails o~' ~th~A~r health and safety measures. ' (4) Plumbing, pump, well, and line repairs to ensure safe drinking water and sanitary sewage. (5) Electrical repairs. (6) Repairs to deteriorating intedor or exterior walls, floors and roofs. (7) Other interior and exterior repairs that are necessanj for the health and safety of the resident. B. A safety check must be conducted on all related support systems included ducts, electric, venting ~g~d pipir~g. All related support systems must meet local codes prior to or in conjunction with the installation of new (1) Heating, cooling and water heating equipment must be installed by a licensed contractor certified to perform the work required. (2) Replaced units must be properly disposed of by the Recipient agency. Equipment being replaced must be removed from the dwelling and disposed of in compliance with federal, state and local regulations and in a way that will render the equipment unusable. Operable units may not be reused but may be taken apart and individual part(s) recycled. The cost of dispesal is an eligible expense under this Agreement. (3) Heating, cooling and water heating equipment must be replaced using the standards set by tile Department. 3_9 ATrACHMENT 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 and Documentation of Income for all members of the household, Documentation of Ownership or Landlord Agreement (when applicable), Building Work Report (BWR), NeaT Audit, Household Data Form, invoices and payment vouchers. B. When the agency WAP Coordinator has determined the health and safety activities to be performed on a home, the measures to be addressed will be listed on a ClientJAgency Pre-Work Order Agreement Form Th~ work to be performed will then be discussed with the client, and beth the client and the coordinator wil~ ~ign ~,r~d d; .t~ ~'hc: fr~rn. Once this form is signed, work may commence and a copy of this form must be placed in the client fii(v. ATTACHMENT D REPORTS A. Reports are due to the Department by the 10th calendar day of the month. The Recipient shall submit a Financial Status Report (FSR), monthly summary report and a Building Work Report (BWR) package for each dwelling unit on which work has been completed and inspected. The Building Work Report package shall consist of a signed, dated copy of the BWR and a completed client intake form. Failure to submit all required monthly reports as outlined above shall constitute grounds for suspension or termination of this agreement. Reports ,3r~d notices must be submitted to: Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance, Weathedzation Assistance Program 2555 Shumard Oak Blvd., The Sadowski Building Tallahassee, Florida 32399-2100 B. Hand delivered reports must be date stamped in by Department staff. Each report form shall be signed by the Recipient's designated agent. C. 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. ATTACHMENT E LOW INCOME EMERGENCY HOME REPAIR PROGRAM (LEHRP) JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate if you ara 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 Agraement 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. Thereaifer~ disbursements shall be made on a reimbumement basis. ~×] NOADVANCE REQUESTED [ ] No advance payment is requested: payment will be made solely on a raimbursement basis. DIRECTIONS: TOTAL COMBINED ADVANCE REQUESTED Advance payment of is requested; balance of payments will be made on a raimbursement basis. The funds are Needed to pay staff, award benefits to c,]ients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate this program without this advance. 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 Reci lents: Must compare three years of e~ ~enditures to advance payments received. COMPLETE BELOW FOR THE (1) (2) (3) (4) (5) FIRST THEE MONTHS Contract 01 Contract 02 Contract 03 Total Average EXPENDITURES FOR THE LEHRP (First three months (First three months (First three months (3 Years) (3 Years) PROGRAM of contract) of contract) of contract) I. [ LEHRP Required (6) (7) (8) (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 NOTE: A. Expenditures: Line I program/per previous three contract years - Materials and labor, Administration, travel, equipment expenses, audit expenses, and Fcc For Service (based on materials and labor expcndit~rcs). B. Line 5: Total from column 1. C. Advance Requested: Should bc based on thc total average Linc 3 Column 10 - or the Request for Waiver information bolow. D. Linc 4: Difference betwccn 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. Insert total expenses 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) II 22 ATTACHMENT F PROPERTY MANAGEMENTANDPROCUREMENT A. The Recipient shal! comply with procurement standards equivalent to the requirements of 10 C.F.R. 600.436(b) for local government subgrantees and 10 C.F.R. 600.119 for non-profit subgrantees 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 subgrantees and 10 C.F.R. 600.117 for non-profit Recipients. ATTACHMENT G STATEMENT OFASSURANCES 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 execution of this contract, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief executive to act in connection with the contract 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 tribes and non-profit organizations shall secure and maintain such insurance as may be necessary for protection from claims under Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may adse from the performance of services under this contract. D. Pdodty in selection of clients will be given to the elderly and the disabled. E. To the maximum extent practicable, the use of services provided under this contract shall be coordinated with other federal, state, local, or privately funded programs. F. The Recipient will permit attendance by the Department's representatives at any meetings of the subgrantees Board of Directors, executive committee or legislative body. H. The Recipient will permit on-site program evaluation by 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, and legislative auditors. 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 pdor to work beginning on the unit. J. All non-profit subgrantees 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 grant. K. The Recipient shall secure Internet computer services and notify the Department of the e-mail addresses of employees involved in this agreement. 24 ATTACHMENT H COUNTY ALLOCATIONS The financial allocaUon 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 most 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 I SPECIAL CONDITIONS No Special Conditions. A]-rACHMENT J RECIPIENT INFORMATION FORM Please complete all information applicable to your organization. A. RECIPIENT CATEGORY: ( ) County Government ( ) Community Action Agency ( ) Indian Tribe (×) City Govemment ( ) Other private, Non-Profit Agency ( ) Other, Specify B. GENERAL ADMINISTRATIVE INFORMATION: 1. Recipient's full legal name: City of S!nferd 2. THE WARRANT WILL BE MAILED TO THIS ADDRESS UNLESS OTHERWISE INDICATED: Recipient's mailing address: P. 0 o City: $~nford Telephone~(407) 330-5665 3. Street Address (if different from above): '~OC) N_ Sanford, Box 1788 ZipCode:32772-17RR FAX Number:~07) 330-5677 FL 32771 4. Chief Official/Executive Director: Br ad~, Lessard (Name) E-mail address 5. Official to receive state warrant: Russ Gibson (Name) E-mail address Mayor (Title) Engineerl ng (Title) aibsonr~ci.sanFnrd,f],Us 6. Program Director/Coordinator: Paula Pr~yt.P~-Tnrr~ (Name) E-mail addFess fre~,tesp~ci .sanford.fl.us 7. Finance Director: Kevin Smith (Name) E-mail address ~ ~ommnn i hy T~v_ n~ ~ector (Title) Director (Title) smithk~ci.sanford. F~.]]~ 27