01/20/2010 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
January 28,2010
TO:
Kim Wilkes, Sr. Grants Coordinator
Social Services Division
Pamela G. Han~c.
FROM:
At the January 20, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Initial Federally-Funded Weatherization Assistance
Program American Recovery and Reinvestment Act Subgrant Agreement between Monroe
County and the State of Florida, Department of Community Affairs., Contracts No.
IOWX-7X-II-54-01-319.
Enclosed are four duplicate originals of the above-mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return the fully executed "Monroe County
Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon as
possible. Should you have any questions please do not hesitate to contact this office.
cc: County. Attorney
F inan~e
File /
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ARRA
ST~-\. TE OF FLORIDA
DEP~t\RT:VIE~T OF CO~Il\;IU~ITY AFF~-\.IRS
Contract Number: lOWX-7X-II-54-01-319
INITIAL FEDER~t\LL \,r-FLNDED WE~~ THERIZA TION ASSIST A~CE PROGRA~I
.-\~IERICAN RECOVER\-' AND REINVEST:\'IENT ..t\CT SUBGRANT .\GREE~IENT
TIllS i\GREEMENT is entered into by the State of Florida, Department of Conlmunity Affairs, \vith
headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and lVlonroe County Board of
County Commissioners (hereinafter referred to as the "Recipient").
THIS AGREEl\tlENT IS ENTERED INTO BASED ON TllE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein~ and
B. The Departnlent has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Department has statutory authority to disburse the funds under this Agreement.
TIIEREFORE, the Department and the Recipient agree to the follo\ving:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of
this Agreement.
(2) INCORPORATION OF L.A.WS~ RULES~ REGULATIONS AND POLICIES
The Recipient and the Departnlent shall be governed by applicable State and Federalla\vs, nlles and
regulations, including those identified in i\ttachment B.
(3) PERIOD OF f\GREEIvlENT
This Agreenlent shall begin January 21, 20 10 and shall end April 30, 20 1 O~ unless terminated earlier in
accordance \vith the provisions of Paragraph ( 12) of this l\greement.
(4) \ttODIFICA TION OF CONTRACT
Either party lllay request n1oditication of the provisions of this Agreenlent. Changes \vhich are agreed upon
shall be valid only \vhen in \\iTiting, signed by each of the parties, and attached to the original of this i\greenlent.
(5) RECORDKEEPING
(a) i\S applicable~ Recipient's perfornlance under this A.greenlent shall be subject to the federal
.'C0I11nlOn Rule: Lnifornl i\dlninistrative Requirenlents for State and Local Govemnlents" ( 53 Federal Register
~034) or 0\18 Circular :\0. ..\-110. "Grants and i\greenlents \\.-ith Institutions of Higher Education. Hospitals. and
Other Nonprotit Organizations." and either 0\;18 Circular No. j\-87. "Cost Principles for State and Local
GO\ernlllents." 0\;18 ('ircular No. .'\-21. "Cost Principles for Educational Institutions." or 0\18 Circular No. .\_
122. "Cost Principles for Nonprofit Organizations." If this .\greetnent is Inade \vith a cOllllllercial ~ for-protit)
Page 1
organization on a cost-reinlbursenlent basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2
and 931.2.
(b) The Recipient shall retain sufficient records to sho\v its conlpliance \vith the terms of this
A..greenlent and the compliance of all subcontractors or consultants paid from funds under this i\greement, for a
period of five years from the date the audit report is issued, and shall allo\v the Depa11nlent or its designee, the State
Chief Financial Ot1icer or the State Auditor General access to the records upon request. The Recipient shall ensure
that audit working papers are available to them upon request for a period of five years trom the date the audit report
is issued, unless extended in \\iTiting by the Department. The five year period may be extended for the following
~xceptions:
I. I f any litigation, claim or audit is started before the five year period expires, and extends
beyond the five year period, the records shall be retained until all litigation.. clainls or audit findings involving the
records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000 or more at
the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the closing on
the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants
to be paid from funds provided under this Agreement, including documentation of all program costs, in a form
sufficient to determine compliance with the requirenlents and objectives of the Budget and Scope of Work -
Attachment A - and all other applicable laws and regulations.
{d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from
funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its
employees, and agents. "Reasonable" shall ordinarily nlean during normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) AUDIT REOUIREMENTS
(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 reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Departnlent. "Reasonable" shall ordinarily mean nornlal business
hours of 8:00 a.ln. to 5:00 p.m., local time, iV10nday through Friday.
(c) The Recipient shall provide the Department \vith the records, reports or financial statenlents upon
request for the purposes of auditing and nlonitoring the funds u\varded under this Agreement.
(d) If the Recipient is a State or local governnlent or a non-profit organization as detined in ONtB
Circular l\-133~ as revised~ and in the event that the Recipient expends $500,000 or 1110re in Federal ~l\vards in its
tiscal year. the Recipient lllllst have a single or progranl-specific audit conducted in accordance \vith the provisions
tJf 0,Vf8 Circular 1\-133. as re\ised. EXI-IIBIT I to this A.greenlent sho\vs the Federal resources a\varded through
the Depal1nlent by this :\greenletlt. In deternlining the Federal a\vards expended in its tiscal year, the Recipient
shall consider all sources of Federal a\vards. including Federal resources received frol11 the Departnlent. The
Page 2
determination of anlounts of Federal a\vards expended should be in accordance with the guidelines established by
0\18 Circular A-133, as revised. ~-\n audit of the Recipient conducted by the Auditor General in accordance \vith
the provisions of 0.\18 Circular A-133. as revised, \vill nleet the requirements of this paragraph.
I n connection \vith the audit requirelnents addressed in this Paragraph 6 (d) above. the Recipient shall fulfill
the requirenlents for auditee responsibilities as provided in Subpart C of 0;\;1B Circular .A.-133. as revised.
If the Recipient expends less than $500,000 in Federal ~l\vards in its fiscal year. an audit conducted in
accordance \vith the provisions of ONIS Circular A-I33. as revised. is not required. In the event that the Recipient
expends less than $500.000 in Federal awards in its fiscal year and chooses to have an audit conducted in
accordance with the provisions of OMS Circular ~-\-133, as revised, the cost of the audit must be paid from non-
Federal thnds.
(e) Send copies of reporting packages for audits conducted in accordance with ONtS Circular A-I33,
as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMS Circular A-133. as
revised, by or on behalf of the Recipient to:
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
[also send an electronic copy to aurilla.parrish@dca.state.fl.us)
and
Department of Community Affairs
Weatherization ARRA Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission
online at
http://harvester. census. gOV jfac/ co llect/ ddeindex. html
A.nd to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS
Circular A-I33, as revised.
(t) Pursuant to Section .320 (f), OivIB Circular A-133, as revised, the Recipient shall send a copy of
the reporting package described in Section .320 (c), OMB Circular r\-133, as revised, and any olanagenlent letter
issued by the auditor, to the Departnlent at the following addresses:
Department of ('onl1TIUnity l\Jfairs
Office of Audit Services
2555 Shul11ard Oak Boulevard
Tallahassee. Florida 32399-2100
r also send an electronic copy to aurilla.parrish(ii' dca.state.f1.us ]
and
DepartI11ent of COnll11Unity l\tTairs
\Veatherization ,\RRi\ Progralll
2555 ShU111ard Oak Boule'vard
Tallahassee. Florida 32399-2100
P:1ge 3
(g) By the date due, send any reports, 111anagement letter, or other information required to be
subnlitted to the Departnlent pursuant to this Agreenlent in accordance "vith O~1B Circular A-133, Florida Stahltes,
and Chapters 10.550 (local govemnlental entities) or 10.650 (nonprofit and for-profit organizations). Rules of the
.-\uditor GeneraL. as applicable.
(h) Recipients should state the date that the reporting package \vas delivered to the Recipient \vhen
submitting tinancial reporting packages to the Departnlent tor audits done in accordance \vith OIvIS Circular A-I33
or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
A.uditor General,
( i) I f the audit shows that all or any portion of the funds disbursed "vere not spent in accordance with
the conditions of this i\greement, the Recipient shall be held liable for reinlbursenlent to the Department of all funds
not spent in accordance "vith these applicable regulations and Agreement provisions within thirty days after the
Departlllent has notified the Recipient of such non-compliance.
(j) The Recipient shall have all audits completed by an independent ce11ified public accountant (IP A),
either a certitied public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state
that the audit complied with the applicable provisions noted above. The audit must be received by the Departnlent
no later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Department with nlonthly and semi-annual plus a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors
in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in
addition to any other information requested by the Department.
(b) ~'lonthly reports are due to the Department no later than 15 days after the end of each production
period (first day through last day of each month) of the agreenlent period and shall be sent each month until
subnlission of the administrative close-out report.
(c) Semi-annual reports are due to the Department no later than 15 days after the end of each semi-
annual period. The ending dates for each semi-annual period are Septenlber 1 and March 3 1.
(d) The close-out report is due 30 days after termination of this Agreement or 30 days after completion
of the activities contained in this Agreement, whichever first occurs.
(e) If all required reports and copies are not sent to the Department or are not completed in a nlanner
acceptable to the Departnlent, the Department may withhold fhrther payments until they are conlpleted or Inay take
other action as stated in Paragraph (II) REl\-IEDIES. "l\cceptable to the Department" means that the \vork product
\vas completed in accordance \vith the Budget and Scope of \Vork.
(t) The Recipient shall provide additional progralTI updates or infornlation that 11lay be required by the
Departnlent.
(g) The Recipient shall provide ~H.iditional reports and infomlation identitied in .:\ttachnlent D.
(~) \IONITORII\G
The Recipient shalltllonitor its perfornlance under this Agreernent. ilS \vell as that of its subcontractors
and or consultants \vho are paid fronl funds provided under this I\greenlent. to ensure that tinle schedules are being
111et. the Schedule of Deliverables and Scope of\Vork are being accorllplished \vithin the specitied tinle periods. and
Pag~ -+
other performance goals are being achieved. 1\ review shall be done for each function or activity in l\ttachment A to
this Agreenlent" and reported in the quarterly report.
In addition to revie\vs of audits conducted in accordance \vith paragraph (6) above. 11lonitoring
procedures nlay include, but not be linlited to, on-site visits by Departnlent staff" Departnlent-contracted nlonitoring
~ntities or other agents" linlited scope audits. and/or other procedures. The Recipient agrees to conlply and
cooperate with any monitoring procedures/processes deenled appropriate by the Department. In the event that the
Department deternlines that a linlited scope audit of the Recipient is appropriate, the Recipient agrees to comply
\vith any additional instnlctions provided by the Departnlent to the Recipient regarding such audit. The Recipient
further agrees to conlply and cooperate \vith any inspections, reviews. investigations or audits deemed necessary by
the Florida Chief Financial Officer or j\uditor General. In addition, the Department will nlonitor the performance
and financial nlanagement by the Recipient throughout the contract term to ensure timely conlpletion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat.., the
Recipient is solely responsible to parties it deals with in carrying out the temlS of this Agreement, and shall hold the
Departnlent harmless against all claims of whatever nahlre by third parties arising from the work performance under
this i\greement. For purposes of this Agreement, Recipient agrees that it is not an enlployee or agent of the
Department, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.,
agrees to be fully responsible for its negligent or tortious acts or onlissions which result in claims or suits against the
Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be constnled 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.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the Departnlent
to nlake further paynlent of funds shall, if the Department elects, terminate and the Department has the option to
exercise any of its remedies set forth in Paragraph (' 11). However, the Department may nlake payments or partial
paynlents after any Events of Default \vithout waiving the right to exercise sllch remedies, and \vithout beconling
liable to make any further payment:
(a) I f any warranty or representation nlade by the Recipient in this Agreement or any previous
agreenlent with the Departnlcnt is or becolnes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, ternlS or covenants in this A.greenlent or any previous agreenlent \vith the
Departnlcnt and has not cured theIn in tilllely tashion, or is unable or un\villing to Ineet its obligations under this
!\grcenlcn t:
(b) If 111aterial adverse changes occur in the financial condition of the Recipient at any till1e during the
tel1l1 t)f th IS .\greclllent. and the Recipient t~li Is to cure this ad\'crse change \\"ith in thirty days froln the date \\ rittcn
notice is sent by the Departnlcnt.
(c) I f any reports required by th is ,\greell1Cnt have not been subnlitted to the Departnlent or have been
subrnitted \vith incorrect.. incoIllplete or insufficient infonl1ation:
P~g~ 5
(d) I f the Recipient has failed to pertorm and conlplete in tinlely fashion any of its obligations under
this Agreement.
( II) RENIEDIES
I f an Event of Default occurs~ then the Department may~ upon thirty calendar days \vritten notice to the
Recipient and upon the Recipient's failure to cure \vithin those thirty days, exercise anyone or nlore of the follo\ving
renledies~ either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior \vritten
notice of such termination. The notice shall be effective \vhen placed in the United States~ first class nlail, postage
prepaid~ by registered or certitied mail-rehIffi receipt requested~ to the address set forth in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce perfoffilance of this Agreenlent;
(c) \V ithhold or suspend payolent of all or any part of a request for payment;
(d) Require that the Recipient refund to the Department any monies used for ineligible purposes under
the laws, ndes and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
I. request additional information from the Recipient to determine the reasons for or the extent of
non-conlpliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if the situation is
not corrected,
3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities
in question, or
4. require the Recipient to reimburse the Department for the amount of costs incurred for any
items determined to be ineligible;
(t) Exercise any other rights or renledies which may be otherwise available under law.
(g) Pursuing any of the above remedies will not keep the Department from pursuing any other
renledies in this Agreement or provided at law or in equity. If the Department waives any right or renledy in this
Agreement or fails to insist on strict performance by the Recipient, it will not atfect, extend or waive any other right
or remedy of the Department, or affect the later exercise of the same right or remedy by the Departnlent for any
other default by the Recipient.
( 12) TERMINATION
(a) The Department may terminate this j\greement for cause with thirty days written notice. Cause
can include Inisuse of funds, fraud, lack of compliance \vith applicable nIles, laws and regulations, failure to perfornl
in a tinlely I1lanner, and refusal by the Recipient to permit public access to any docunlent paper, letter, or other
111aterial subject to disclosure under Chapter 119, Fla. Stat., as anlended.
(b) The Dcparttnent ll1ay tenninate this f\greelnent for convenience or \vhen it detennines, in its sole
discretion~ that continuing the .A.greenlent \vould not produce beneticial results in line \vith the further expenditure of
fllnds~ by providing the Recipient \vith thirty calendar days prior \vrittcn notice.
(c) The parties 111ay agree to teITIlinate this Agreenlent for their ll1utual convenience through a \\Titten
all1endnlent of this f\greenlent. The alnendnlent shall state the effective date of the tennination and the procedures
for proper c loseollt of the .\greenlent.
Page 6
(d) In the event that this Agreen1ent is terminated, the Recipient will not incur new obligations for the
tern1inated portion of the Agreement after the Recipient has received the notification of termination. The Recipient
\vill cancel as n1any outstanding obligations as possible. Costs incurred after receipt of the tem1ination notice \viII
be disallo\ved. The Recipient shall not be relieved of liability to the Department because of any breach of
.--\.greelnent by the Recipient. The Departn1ent Inay, to the extent authorized by la\v. \vithhold payn1ents to the
Recipient for the purpose of set-otf until the exact an10unt of damages due the Department from the Recipient is
d~tem1ined.
(13) NOTICE AND CONTACT
(a) ~~ll notices provided under or pursuant to this Agreement shall be in \\Titing, 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 Division contract manager for this Agreement is:
Norm Gempel
2555 Shumard Oak Boulevard
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:
(Name)~\ Gr-o..ho.tYl, S:>u..o.J ~6A.~c..Q.d 1);eo..LtnL
(Address)'\~ 5~~ S\Y~\~~ 7--2'57
Telephone: (~'Si L Gt z..--4-SJ 0
Fax: (3o't "2;q~ - L\-35t1
Ematx~ _ 5~l ~(v\.bf\(~~" -Pt. jev'.
(d) In the event that different representatives or addresses are designated by either party after
execution of this ~~greement, notice of the name, title and address of the new representative \vill be provided as
stated in ( 13)( a) above.
(14) SUBCONTRACTS
I f the Recipient subcontracts any of the \vork required under this f\green1ent, a copy of the unsigned
subcontract 111Ust be fOf\,,-arded to the Department for revie\v and approval before it is executed by the Recipient.
The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the tern1S of this .A.greenlent.
(i i) the subcontractor is bound by all applicable state and federalla\vs and regulations. and (iii) the subcontractor
shall hold the Departlnent and Recipient harnlless against all clain1s of \vhatever nature arising out of the
subcontractor's perfonllance of \\lark under this i\greelnent. to the extent allo\ved and required by la\v. The
Recipient shall dOCll111cnt in the quarterly report the subcontractor's progress in perfornling its \\ ark under this
i\greenlent.
Pag~ 7
For each subcontract~ the Recipient shall provide a \vritten statelnent to the Department as to \vhether
that subcontractor is a nlinority vendor. as detined in Section 288. 703~ Fla. Stat.
(15) TER~lS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) .<\ TT.\CI-L\t1ENTS
(a) 1\11 attachnlents to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or contlict betvveen the language of this Agreenlent and the
Jttachll1ents. the language of the attachnlents shall controL but only to the extent of the contlict or inconsistency.
(c) This Agreenlent has the follo\ving attachments (check all that are applicable):
~ Exhibit 1 - Funding Sources
I:8J A.ttachment A - Scope of Work and Budget
I:8J Attachment B - Program Statutes and Regulations
I:8J A.ttachment C - Recordkeeping
~ i<\ttachment D - Reports
I:8J Attachment E - Justification of Advance
[8J i:\ttachment F - Warranties and Representations
I:8J Attachment G - Certification Regarding Debarment
I:8J Attachnlent H - Statement of Assurances
I:8J Attachment I - County Allocation
I:8J Attachment J - Special Conditions
I:8J Attachment K - Recipient Information Form
( 17) 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 $ 47.363.00, subject to the availability of
funds.
(b) i<\ny advance paynlent under this Agreement is subject to Section 216.181 (16)~ Fla. Stat., and is
contingent upon the Recipient's acceptance of the rights of the Department under Paragraph ( 12)(b) of this
l\greement. The amount \vhich tllay be advanced nlay not exceed the expected cash needs of the Recipient \vithin
the tirst three (3) tl10nths of the contract term. Any advance payment is also subject to federal 01\/lB Circulars i\-87.
A-IIO, A-122 and the Cash ~1anagenlent Inlprovement i\.Ct of 1990. If an advance paynlent is requested belo\v. the
budget data on \vhich the request is based and a justification statenlent shall be included in this Agreelnent as
Attachlnent E. J\ttachnlent E \vill specifY the atTIount of advance paynlent needed and provide an explanation of the
necessity for and proposed use of these funds.
o ,\n advance paynlent is requested in the al11ouot of $ . (check and conlplete
if applicable)
(c) . \ ner the ini tial ad vance. if any. paYtllent shall be tnad~ on a rcin1burSClncnt basis as nc~dcd. The
Recipient agrees to expend funds in accordance \vi th the Budget and Scope of \Vork. ;\ttachnlent ,\ of this
.-\greetllent.
Page X
If the necessary funds are not available to fund this .A.greement as a result of action by the United
States Congress, the federal Office of Managenlent and Budgeting, the State Chief Financial Otlicer, or under
subparagraph ( 19)(h) of this Agreement, all obligations on the part of the Departnlent to make any further paynlent
of funds shall terminate, and the Recipient shall submit its closeout report \vithin thirty days of receiving notice
from the Department.
(18) REP A Y~lENTS
.\11 refunds or repaynlents to be made to the Department under this Agreement are to be lllade payable
to the order of "Department of Comnlunity Affairs" and tnailed directly to the Department at the follo\ving address:
Department ofComnlunity AtTairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department
for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Percent (5~/o)
of the face amount of the returned check or draft, whichever is greater.
( 19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the tnIth and accuracy of all the information..
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or
response to a Department request, or in any submission or response to fulfill the requirements of this Agreement.
All of said information, representations, and materials are incorporated by reference. The inaccuracy of the
submissions or any nlaterial changes shall, at the option of the Department and \vith thirty days written notice to the
Recipient, cause the temlination of this Agreenlent and the release of the Departnlent from all its obligations to the
Recipient.
(b) This Agreement shall be constnled under the la\vs of the State of Florida, and venue for any
actions arising out of this ..A.greement shall be in the Circuit Court of Leon County. If any provision of this
,\greement is in conflict with any applicable statute or nile, or is unenforceable, then the provision shall be null and
void to the extent of the contlict, and shall be severable, but shall not invalidate any other provision of this
,\greement.
(c) Any po\ver of approval or disapproval granted to the Department under the terms of this
A.greement shall survive the term of this Agreelnent.
(d) This Agreetnent may be executed in any ntunber of counterparts, anyone of \vhich nlay be taken
as an original.
(e) The Recipient agrees to c0111ply \vith the .\nlericans \Vith Disabilities f\Ct (Public La\v 101-336"
-l-2 C.S.C. Section 12101 et seq.) and the Florida Civil Rights and Fair I-lousing j\cts (sections 760.01 -760.37.
Florida Statutes). \\"hich prohibit discrinlination by public and private entities on the basis of disability in
clnploynlent.. public aCC0111111odations, transportation.. state and local governnlent services. and telecoI11111unications.
(t) :\ person or organization \\110 has been placed on the convicted vendor list follo\ving a conviction
for a public entity crinle or on the discrinlinatory vendor list Inay not subnlit a bid on a contract to pro\ ide any
goods or sCI'\,-ices to a public entity. 111ay not subnlit a bid on a contract \vith a public entity for the construction or
P3gc 9
repair of a public building or public \vork, nlay not subnlit bids on leases of real property to a public entity. nlay not
be a\varded or perform \vork as a contractor, supplier, subcontractor, or consultant under a contract \vith a public
entity, and nlay not transact business \vith any public entity in excess of $25.000.00 for a period of 36 nlonths from
the date of being placed on the convicted vendor list or on the discrinlinatory vendor list.
(g) Any Recipient \vhich is not a local govemnlent or state agency, and \vhich receives funds under
this Agreenlent froll1 the federal government, ce11ifies. to the best of its knowledge and belie!: that it and its
prine i pals:
I. are not presently debarred, suspended. proposed for debarment.. declared ineligible, or
voluntarily excluded fronl covered transactions by a federal departnlent or agency;
2. have not., \vithin a 5-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection \vith 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 enlbezzlement., theft, forgery, bribery, falsification or
destnlction of records, ll1aking false statements, or receiving stolen property;
3. are not presently indicted or otherwise crinlinally or civilly charged by a governmental entity
(federal. state or local) with commission of any offenses enumerated in paragraph 19(9)2. of this certification; and
4. have not within a 5-year period preceding this Agreement had one or more public transactions
(federal, state or local) temlinated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion"
(f\ttachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such
form must be received by the Department before the Recipient enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216.. Fla.
Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be subnlitted in accordance \vith Section 112.06 L Fla. Stat.
(k) The Department of Comnlunity Affairs reserves the right to unilaterally cancel this i\greelllent if
the Recipient refuses to alIo\-v publ ic access to all docunlents, papers, letters, or other ll1aterial subject to the
provisions of Chapter 119. Fla. Stat., \vhich the Recipient created or received under this .Agreelllent.
( I) I f the Recipient is allo\ved to temporarily invest any advances of funds under this ..\greenlent. any
interest inC0I11e shall either be returned to the Departlllent or be applied against the Depa11111cnfs obligation to pay
the contract al110unt.
(111) The State of Florida \vill not intentionally a\vard publicly-ttlnded contracts to any contractor \vho
knov\' ingly elllploys unauthorized alien \vorkers. constituting a violation of the enlploynlent provisions contain~d in
X L.S.C. S~ction 1324a(e) [Section 27-L\(e) of the InlI11igration and Nationality i\Ct ("I~A")J. The DepaI1I11ent
Page 10
shall consider the enlploynlent by any contractor of unauthorized aliens a violation of Section 27 4A( e) of the INi\.
Such violation by the Recipient of the enlployment provisions contained in Section 27 4A( e) of the IN~A. shall be
grounds for unilateral cancellation of this ~-\greenlent by the Department.
(n) The Recipient is subject to Florida's Govemnlent in the Sunshine La\v (Section 286.011.. Fla.
Stat.) \vith respect to the meetings of the Recipient's governing board or the nleetings of any SUbC0111111ittee nlaking
reC0111nlendations to the governing board. i\ll of these nleetings shall be publicly noticed, open to the public.. and
the 111inutes of all the nleetings shall be public records, available to the public in accordance \vith Chapter 119. Fla.
Stat.
(0) .-\ll unmanufactured and Inanufactured articles, nlaterials, and supplies \vhich are acquired for
public use under this Agreement must have been produced in the United States as required under 41 U.S.C. IDa,
unless it \.votIld not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received fronl the Department under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge
and belief:
I. N 0 Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, 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 Menlber of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection \vith this Federal contract,
grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the a\vard documents for all
suba\vards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose.
This certitication is a 1l1aterial representation of f:1ct upon \vhich reliance \vas placed \vhen this
transaction \vas Illade or entered into. SUblllission of this certification is a prerequisite for l1laking or entering into
this transaction inlposed by Section 1352, Title 31, L .S. Code. A.ny person \vho fails to file the required
certitication shall be subject to a civil penalty of not less than $10.000 and not tllOre than S 100.000 for each such
t~li lure.
(21) COP'{RIGIIT. P/\TENT AJ\D TRl\DE\'Ii\RK
;\~\' ..\:\0 ..\LL P..\ TE~T RIGHTS ;\.CCRLI~G L:\OER OR IN CO~:\ECTION \VITH THE
PERFOR:\li\~CE OF THIS ,\.GREE:\IENT ..\RE I-IEREBY RESER\"ED TO THE ST;-\TE OF FLORID:\.
Page II
.-\~Y AND L-\LL COPYRIGHTS ~.\CCRUING U~DER OR IN CONNECTION ,,"VITH THE
PERFORlVt<\NCE OF THIS AGREEl\tIENT L~RE HEREBY TRA~SFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
~ntitlenlents to that pre-existing patent or copyright unless the Agreement provides othenvise.
(b) I f any discovery or invention is developed in the course of or as a result of \\lork or services
perfomled under this Agreement., or in any \vay connected with it.. the Recipient shall refer the discovery or
invention to the Department for a detem1ination \vhether the State of Florida will seek patent protection in its nanle.
:\ny patent rights accnling under or in connection \vith the performance of this i\greement are reserved to the State
of Florida. If any books, manuals.. tilms" or other copyrightable nlaterial are produced, the Recipient shall notify the
Departn1ent. Any copyrights accnIing under or in connection \vith the perfoffilance under this i\greenlent are
transferred by the Recipient to the State of Florida.
(c) \V ithin thirty days of execution of this Agreenlent, the Recipient shall disclose all intellectual
properties relating to the perforn1ance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlenlents to any pre-existing intellectual property
which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then,
under Paragraph (b), have the right to all patents and copyrights which accnle during performance of the Agreenlent.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that
the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
(23) i\SSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment H.
Page 12
STATE OF FLORIDA
DEP.\RT.\'IENT OF CO~Il\tIU~ITY ..\FF..t\IRS
FEDERALLY FUNDED SUBGRANT .~GREE~IE~T
SIGN.-\. TURE P..\GE
Contract Nun1ber: lO\VX-7X-lt-54-0t-319
IN \V'iTNESS \\ll-IEREOF. the parties have executed this .t\greement by their duly ;luthorized officers on
the day, m~'nth and year set torth below. 0
RECIPIEN 1 /'"
:\Ionr County , UNITY AFF A~7d t
ate: 1/20/10 ' .Date:~'b
Sylvia J. Murphy
(Print Name')
Title: Mayor/Chairman
/
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P~1g~ 13
EXHIBIT - 1
TllE FOLLO\VING FEDERAL RESOURCES ARE .(~ \VARDED TO THE RECIPIENT CNDER TI-IIS
r\GREEMENT:
Separate~v list the.lolhJlving iJ?/onnation.lor eachjederal progral11ji'oJll Hhich the resources oH'arded fo the
Recipient orig;inate:
American Recovery and Reinvestment f\ct
\Veatherization ;-\ssistance Program
Federal agency
Catalog of Federal Domestic Assistance title:
Catalog of Federal Domestic Assistance #:
A \vard amount:
Dept. of Energy
Weatherization
81.402
-47..363.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREENIENT:
Separately list each applicable compliance requirelnent (eligible activities, service, or cOlnlnodities; eligible
recipients,' etc.) and specifY to yvhichfederal prograln each requirelnent applies:
Compliance Requirement
1. Purposes resources must be used for:
Program
Weatherization ARRA
The Recipient will use these funds to perform energy saving repairs and
installation of energy saving measures on low-income homes in its
designated service area. These funds will be expended in accordance
with the Scope of Work, Attachment A-2; Program Statues and
Regulations, Attachment 8-1; Record Keeping, Attachment C; Reports,
Attachment D; Statement of Assurances, Attachment G; County
Allocations, l\ttachment I; Special Conditions (When Applicable),
Attachment J of this Agreement and applicable 01\'18 Circulars.
2. Eligibility requirements for recipients of the resources:
Program
The recipient ,viII comply lvith eligibility requirements as set forth in the
Department of Energy (DOE) 10 CFR Part 440 Final Rule and
applicable OlVI8 Circulars.
.VOTE: Instead oj'lisfing the specttic C0/11p/iullce rCljuirel1u!l1ts as slunrn ahope. the Stafe alrardil1g agency IJU~\' elect
to lIse langl/age fhat rt!(juires fhe Recipient fo (,()lllP~V H'ith the rCl/uirclJlcnts (?(lIpplicahle provisions o(.\pecitic
faH's, rules, rc..'gulariol1s, etc. For e.nullple, .lor Fec/end ProgrclIl1 1. the language I1UZV state that {he Recipiel1t /JUts!
COJIlP(\' \\ 'i!h s'pec[tic laH's, rules, or regulations rhat pertain to hOi\' the a1t'arded resource.\' Jl1l1sf he used or hrnr
e/igihilify defenninatio/1s tire to he lJulL/e. The State (/11 'ording agcn(l', f(practical, Inay i\"lI11f to attach (I copy (?(the
.\jJec[jic fall', rule, or regulation n:jc.'JTed fo.
Pllge 14
.VOTE: Forjederal progra111s included in Exhibit]. Section .400ftl) (~(OJfB Circular .-1-]33. as revised requires,
undjhr stare projects included in Exhibit], Section 215.97(5)(0), Florida Statufe, requires the iJ?thrnultiol1 in
Exhihit 1 to he provided to the Recipient.
Pag:~ 15
.-\ TT ACHl\-IENT A
SCOPE OF \VORK ....\ND BLDGET
SCOPE OF WORK
In carrying out this Agreement" the Recipient \vill provide the necessary personnel, Illaterials, services and
facilities, except as othef\vise provided herein, to carry out the program. The Recipient \vill have a designated
individual, referred to by the Department as the \V AP Coordinator, to be responsible for the follo\ving activities:
.-\. Solicit, identify and qualify low-income residents within the Recipient's identified service area \vho have the
need and desire for energy conservation assistance. The Recipient \vill make the services provided for under this
contract available to all eligible clients in the counties to be served.
B. Each unit must be evaluated by using the Priority List Assessment and Testing (PLAT) inspection package..
recording visual observations and nleasurements and performing required diagnostic tests.. i.e., blower door,
11lonoxor, gas analyzer, pressure pan and any other tests required as directed by the state weatherization otlice. This
information will be maintained in the client file.
\Vhen addressing a central heating and cooling unit which already exists in a home, the National Energy i\.udit
(NEAT) or I\t1anufactured Home Energy Audit (IvlHEA) must be used to determine replacement and appropriate
sizing. Refrigerators may only be replaced if (a) indicated by metering (minimum 10% of refrigerators must be
lnetered), (b) recommended by a NEAT or MHEA, or (c) according to Priority List guidelines. The Department also
requires that the following measures be installed on every unit receiving energy conversation measures: low flow
showerhead, faucet aerators, water heater blanket, water line insulation and air filters for heating and cooling units in
accordance with the Procedures and Guidelines requirements.
c. Provide the Department with documentation and reports as required by this Agreement as well as other
information related to this project as may be specitied by the Department.
D. Recipients are allowed to charge legitimate program support costs (i.e. salaries, nlileage, space, utilities,
telephone and, similar costs associated \\lith personnel activities involved with ramping up for an increased
\veatherization program) to the program operations category instead of the adnlinistrative category for a period not
to exceed 120 days fronl the conlmencenlent date of this Agreement. The program operations category is referred to
on the Financial Status Report as Fee For Service. This initial ARRA \V AP recipient agreement is prepared on an
allocated anlount of pass-through funding from the first release of Department of Energy funds.
PJge I ()
..\ TT..-\.CHl\rIENT ..-\
BlJDGET
Fee For Service Summary and Detail Reporting Instructions
From the Financial Status Form Current Nlonth
i I. a) Ivlaterial NIA (Thjs line item \vill not be utilized)
b) Labor N/ A (This line item\vill not be utilized)
I
12. Fee for Service (Capacity Building Program Expenses)
13. (Total of lines la & Ib-r .2 From colunm A) (Cannot exceed
:S6~500 per home) N/A (This line item\vill not be utilized)
I
14. IIealth & Safety - N/A (This line item will not be utilized)
I
I
5. Conlprehensive Annual Audit (1/12 per month)
6. Training & Technical Assistance
6. (b) Equipment
7. Liability Insurance
8. Subtotal (Line 2 plus the total of lines 5 through 7)
9. Administration (Line 8 x 5.250/0)
(Can be less than 5.25~/o but may not exceed 5.250/0)
10. Total (Lines 8 + 9)
(Note: 10 B can not exceed Total Agreement Amount)
Totals To Date
.
......
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I. a) MA TERIAL: N/ A (This line item will not beutiHzed)
b) LABOR: N/A (This Hne item will not be utilized)
2. FEE FOR SERVICE: Approved Program Expenses: planning, hiring, training, purchasing equipment, seeking
applications, determining eligibility, and prioritizing clients.
I 3. TOT AL LINES. 1 all I b" and 2:_ Thisis the amount used for calculating the Fee for Service. N/ A (This line item will
not be utilized)
4. IlEAL TII AND SAFETY (ENERGY -RELATED IIAZARD MEASURES ONLY): Nt A (This line item \vill not be
utilized)
5. COl\tlPREHENSIVE ANNUAL AUDIT: This is for the pro rata share of the agency audit charged to each program.
The Recipient may bill on a 1/ 12th of the cost of the audit per nlonth or on a quarterly basis (written notification
required to be provided to consultant for quarterly option.)
6. TRAINING AND TECI-INICAL ASSISTANCE / EQUIPMENT: These reported costs \vill not be reinlbursed \vithout
prior \vritten approval for activi!}r / purchase from the Departnlent.
I 6 (b) Equipment - Any itenls approved for purchase by the state office. I
I I
I 7. LIABILITY Il\;SLJRi-\NCE: Liability, Bonding and Pollution Occurrence Insurance I
I I
:'S. SLBTOTAL OF LINE 2 plus LI~ES 5-7:
: 9. ,\D\IIN ISTR1\ TION (LINE ~ x 5.25Oi()): (('an be less than 5.250 ';) but I11ay not exceed 5 .25O~.)
10. rO'L\LS (L'LR.REI\.T \IONTll & TOTl\L TO D/\TE COLL\INS): :-\dd these COIUI11I1S and enter the totals on this
line.
P~ge 1 7
L--\ TTL.\CHl\'IENT B
PROGRA"t STATLTES L--\ND REGULL.\.TIONS
Both the Recipient and the Departnlent shall be governed by applicable la\vs and nIles. including but not linlited
to:
A.. Pub. L. 94-385.. Part A, Title 1\/ ("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
I L Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96-619)~ Title V. Subtitle E. of the
Energy Security ,A.ct of 1981 (Pub. L. 96- 294); and Chapter 163. Fla. Stat. ; Florida Chief Financial Officer
\Iemorandum No. XXX, Anlerican Recovery and Reinvestment Act (ARR---\.) Requirenlents (2008-2009)~
A.lnerican Recovery and Reinvestment Act of 2009 (Public Law 111-5); Federal Central Contractor Registration
(http://www.ccr.gov/); 2 CFR Part 176, Requirements for Implementing Sections 1512.. 1605 and 1606 of the
,\nlerican Recovery and Reinvestment Act of 2009 for Financial Assistance A \\lards~ Schedule of Expenditures of
Federal Awards (htto:/lwww.lTIvtloridaacfo.com/aadir/state\videfinancialreporting/financing.htm)
B. All federal statutes relating to nondiscrimination including but not limited to:
1. Title VI of the Civil Rights Lt\ct of 1964 (Pub. L. 88-352) which prohibits discrimination on the basis of race,
color or national origin;
2. Title IX of the Education Amendments of 1972. as amended (20 V.S.C. 1681-1683, and 1685-1686), \vhich
prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 V.S.C. 794), which prohibits discrinlination
on the basis of handicaps;
4. The Age Discrimination Act of 1975, as amended (42 V.S.C. 6101- 6107), which prohibits discrinlination on
the basis of age;
5. The Dnlg Abuse Office and Treatment Act of 1972 (Pub. L. 92- 255), as amended, relating to
nondiscrimination on the basis of dnlg abuse;
6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(Pub. L. 91-616)'1 as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7. Subsections 523 and 527 of the Public IIealth Service Act of 1912 (42 V.S.C. 290 dd-3 and 290 ee-3), as
anlended. relating to confidentiality of alcohol and dnlg abuse patient records;
8. Title VIII of the Civil Rights Act of 1968 (42 U .S.C. 3601 et seq.), as anlended, relating to 110n-
discrinlinatiol1 in the sale, rental or tinancing of housing; and
9. The requirenlents of any other nondiscrinlination statute( s) \vhich nlay apply to the \Veatherization
i\ssistance Progranl.
10. The i\nlericans \vith Disabilities Act of 1990. Public La\v 101-336 (42 lJ .S.C. Sections 12101 through
I 22 I J).
C'. Executive Order 112'+6. entitled "Equal EIllploynlent Opportunity". as alnended by Executive Order 11375. and
as SUpplCll1Cnted in Departnlcnt of Labor Regulations (41 C.F.R. Part 60).
D. ,\11 applicable standards. orders. or regulations issued pursuant to the Clean :\ir ;\ct as al11cnded (42 L.S.C. 1857
et seq.) and the federal \Vater Pollution Control Act as alnended (33 V.S.C. 1251 et seq.).
Page 1 X
~\ TT ACHl\IENT B (Continued)
PROGRAl\tI ST~~TUTES A~D REGULATIONS
E. The Recipient \vill con1ply \vith the Lead-Based Paint Poisoning Prevention Act (42 U .S.C. 4081 et seq.) \vhich
prohibits the use of lead-based paint in constnlction or rehabilitation of residence stnlctures.
F. The Recipient \vill assist in assuring cOlnpliance with Section 106 of the National Historic Preservation ...'\ct of
1966. as amended ( 16 U .S.C. 470), EO 11593 (identification and protection of historic properties), and the
~;\rchaeological and Historic Preservation .Act of 1974 ( 16 U .S.C. 469a-l et seq.)
G. In compliance with 10 C.F.R. Subpart E't 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 this Agreement by any Federal Department or agency.
I I. The Recipient shall screen applicants for program eligibility under 1986 Immigration and Nationality Act, as
currently amended.
I. Recipients which procure $10,000 or more of insulation products annually are required to put into effect an
affirmative procurement program to insure the purchase of insulation products composed of the highest percentage
of recoverable materials practicable, taking into consideration competition, availability, technical performance and
cost in accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1976, and guidelines promulgated by the Environmental Protection Agency.
J. i\ll applicable federal nlles, 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 l\greement.
K. Other applicable federal and State laws, nIles, regulations and guidelines.
L. There shall be no religious worship, instnIction, or proselytization as any part of, or in connection with, the
performance of this Agreement.
M. The Recipient certifies that neither its organization nor any member of the staff is debarred or suspended or is
otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549,
"Debam1ent and Suspension." The contractor n1ay not make any subcontract to a debarred or suspended party. A
current listing of such parties is maintained by the Departnlent for review.
N. Before beginning work on any dwelling, the Recipient shall have:
I. Documentation of client income eligibility in accordance \\lith the n10st recent federally established Poverty
InC0111e Guidelines. Client incolne verification lnust be conducted within 180 days prior to the date the \vork begins.
2. DOCU111entation of authorization froll1 the o\vner of the d\velling or his authorized agent.
3. DOCUl11entation of proof of o\vnership.
4. i\greenlent \vith the O\'vner of rental property assuring c0l11pliance \vith 10 C'.F.R. Part 440.22.
Page 19
A. TT~-\CH~IENT 8 (Continued)
PROGRA;\I ST..-\TUTES ~-\ND REGULATIONS
O. INTEREST INCONIE: Except as provided for advance payments, the Recipient may temporarily invest grant
funds. but any interest income shall either be returned to the Department or be applied against the Department's
obligation to pay the contract atllOunt. Any interest income earned by the temporary investnlent of these grant funds
that are not applied against the Department's obligation to pay shall be returned to the Department at the tinle of
subtnission of the final close-out report.
P. PROGR.A.lVl INCOME: Recipient may apply net program income. after costs incident to the generation of gross
progranl income are deducted. excluding interest income, to meet matching requirements, or may reprogram it for
eligible program activities in accordance with Rule Chapter 98-24, Florida Administrative Code. The anlount of
program income and its disposition must be reported to the Department at the tinle of submission of the tinal close-
out report. Expenditure of program income balances at contract end nlust be approved by the Department.
Q. APPEALS SYSTEl\l: Recipient must have a written appeals systenl adopted by the Board of Directors, posted
in the client intake area of the Recipient's agency. and a copy provided in writing to those applying for services.
In the event of a complaint/appeal, the complaint/appeal shall first be heard by the:
K'M
v.s\\~5.) SIL. ~ CoOW~itIeOfPositiOn)
Should the tirst designated party be unable to resolve the difficulty, the second complaint/appeal will be heard by:
5~' Gr(}.,-~ .) ~ ~cM ~e of Position).
Should the second level complaint/appeal be unable to resolve the difficulty, the tinal hearing will be held by:
~.Of\{O? Q, 'BDC C"'
All complaints received by the partment \-vill be referred to the Recipient.
(Committee or Full Board).
R. All W AP subgrantees will following the procedures and guidelines provided in the Florida W f'\P Nlanual.
Programmatic and guideline changes during an agreement period will be provided to all subgrantees through a State
'vVeatherization ProgratTI Notice and are to be considered as updates and become effective upon the date indicated on
a Progranl Notice. The State Program Notice will be sent to the Recipient by nlail and enlail to the addresses stated
in Paragraph Thirteen of this Agreement.
S. All W AP subgrantees shall conlply with the i\RRA 2009-2012 W j\P State Plan, Annual File Narrative, as set
forth below:.
Funds for l\.dministrativc Purposes
DOE allo\vs up to 10 percent of the total funds allocated to be used for adnlinistrative purposes bet\veen the grantee
and subgrantee. L l1used grantee adtninistrative funds shall be reallocated for \veatherization purposes.
Liability Insurance
:\ll Recipients and subcontractors are required to have sufticient liability insurance CO\ erage for perfortnillg
\\eatherization-funded activities. In addition. Recipients OlllSt have Pollution Occurrence Insurance (POI). \"hether
included. added to. or a separate general liability insurance policy. Costs 111ay be charged as a separate line itenl on
the Financial Status Report. Recipients Blust ensure that each private contractor is adequately insured (to include
POI) or covered by the Recipient policy.
Page 20
i\ TT ACH~IENT B (Continued)
PROGR-\~I ST..-\ TUTES AND REGULATIONS
Documentation to substantiate all insurance coverage \vill be revie","ed during monitoring visits. Failure to have
adequate insurance coverage nlay result in all reimbursement requests being \vithheld until compliance is nlet.
Training and Technical [\.ssistance Plan (T &T A)
T &T A activities are intended to lnaintain or increase the efficiency, quality, and effectiveness of the \Veatherization
A.ssistance Program at all levels. Such activities should be designed to nlaximize energy savings~ nlinimize
production costs, ilnprove program nlanagement and crew/contractor ....quality of work.'~ or reduce the potential for
\vaste. fraud. abuse. and mismanagement. Acconlpanying the Recovery Act W AP Recipient agreement will be a
questionnaire that all Recipients nlust submit \vhen returning their Agreenlent. This questionnaire \vill assist the
state staff in assessing what state network and Recipient-specific training needs. In addition, an ongoing part of the
state's assessment of T & T A needs will be the review of monthly production and expenditure reports.
~\lthough historically the state has not required any specific certification or experience for local service provider
enlployees who perform inspection/diagnostic testing procedures or conducted formalized training for contractors
authorized to carry out weatherization activities, the initial Recovery Act W AP agreement will include inspector
training requirements for all sub grantee staff who will participate in the d\velling inspection process.
Determining Eligibility Levels and Defining Income
The Recovery Act increases the income eligibility threshold for DOE Weatherization from 150 percent to 200
percent of the poverty income guidelines; therefore, these changes will be reflected in the Recovery Act W AP 2009
subgrant agreements. Recipients must maintain records docunlenting weatherization assistance recipients'
eligibility. Recipients will be required to reimburse DOE funds if it is determined that the family unit occupying
the residence was not eligible for \veatherization assistance at the time such services were provided. The Economic
StinllIlus Act of 2008 provided rebate checks to qualifying individuals and families. With respect to those
payments, the IRS emphasizes that stimulus paynlents will not count toward or negatively impact any other income-
based government benefits such as Social Security benefits, Food Stamps, and other progranls. Therefore, for the
purpose ofW AP, the Econonlic Stimulus Payment will NOT count as income when determining eligibility.
Determining Priority Service
Recipients will continue prioritizing services to clients based upon the DOE-recognized classifications of "elderly,
persons \\I"ith disabilities, families with children under 12 years old, household with a high energy burden and high
residential energy user" in their ~"priority of services" point system. To assist with determining \vhich clients meet
the last two classifications, a Memorandum of Understanding (MOU) bet\veen the \V AP and the LII-IE1\P
Recipients serving the same geographical area is required. All W AP Recipients will coordinate 'Nith their local
LIf!El\P provider to develop a referral process and targeted number of clients to serve. l\ nlininlunl of 100/0 of the
clients receiving \veatherization services through W AP during PY 2009 will be LII-IE1\P referrals.
Vehicle Purchase
Recipients are able to spread the large cost of purchasing vehicles and/or certain equipment, \vith an acquisition cost
of $5,000 or l1lore over the entire life of the vehicle and the nunlber of honles s~rved during that period. Ho\vever. a
proportionate share of the alTIortized cost of purchasing vehic les Blust be inc ludcd as a part of the cost for
\veatherizing each hOllle. DOE allo\vs for determining the average cost per unit by including only that fraction of the
cost of a ne\\" vehicle \vhich is actually "used" during the current year. Recipients should consider and \veigh the
options on leasing \'crsus lease-purchasing. DOE does not need to approve a vehicle lease. But if a lease-purchase
option is proposed and even if the purchase price is as snlall as one dollar. DOE \vould need to approve the purchase
of the \'~hiclc"
I n order for a Recipient to use a purchase or le::Ise-purchase option. speci tic infornlation nUlst be collected and
subnlitted to the state office for revie\v prior to subnlission to DOE for approval. The state otlice has de\'~loped a
\'~hicle purchasing guidance packet and fornls that ll1USt be conlpleted for this activity. Contact the state oftlce to
rec~ive this packet.
Page 2 1
,:\ TT ACH~IENT B (Continued)
PROGRA~I STATUTES .--\.ND REGUL~-\ TIONS
Prevailing \Vages
.-\lllaborers and Inechanics enlployed by contractors and subcontractors on projects funded by the Recovery Act
shall be paid \vages at rates not less than those prevailing on projects of a character sinlilar in the locality as
determined by the Secretary of Labor and in accordance \vith 40 U .S.C. ~ ~3131 - 3148. \V ith respect to the labor
standards specified in this section.. the Secretary of Labor shall have the authority and functions set forth in
Reorganization Plan numbered 14 of 1950 (64 Stat. 1267.. 5 V.S.C. App.) and 40 U.S.C. 3145. See U.S.
Department of Labor, Wage and Hour Division \vebsite at http://\v\vw.dol.gov/esa/w'hd/contracts/dbra.htm. \Vage
determinations can be found at http://www.wdol.gov. The State office or its representative \viII review conlpliance
\vith prevailing wages guidelines during onsite nlonitoring visits and will require a semi-annual survey report form
be completed by all Recipients. This information will be submitted through the \veb-based eGrants system.
.\dministrative Costs
\Vith the increase in funding to the Recipient network through the Recovery l\ct, all Recipients will receive funding
that will be above the $350..000 threshold, leaving certain agencies no longer eligible for the extra administrative
funding provided in the regular W AP. To lessen the burden this may cause, all Recipients \vill be allowed to include
their costs for insurance (liability and POI).. audits, and health and safety activities in the overall cost used to
calculate the amount of administrative funding allowed.
.I'\dministrative
If the state determines that additional or replacement service providers are necessary, the following guidelines
outlined in the 10 CFR 440.14, State Plans, and the 10 CFR 440.15, Recipients, apply:
a) The State shall ensure that:
( I) Each Recipient is a CAA or other public or nonprofit entity;
2) Each Recipient is selected on the basis of public COlnment received during a
public hearing conducted pursuant to 10 CFR 440.14( a) and other appropriate findings regarding:
(i) The Recipient's experience and performance in Weatherization or
housing renovation activities;
(ii) The Recipient's experience in assisting low-income persons in the
area to be served; and
(iii) The Recipient's capacity to undertake a timely and effective
Weatherization Program.
(3) In selecting a Recipient, preference is given to any CAA or other public or
nonprofit entity which has, or is currently adlninistering, an effective progranl under this part or under Title
I I of the Econonlic Opportunity Act of 1964, with progranl effectiveness evaluated by consideration of
factors including, but not necessarily linlited to, the following:
( i) The extent to \vhich the past or current progran1 achieved or is
achieving \Veatherization goals in a tinlely fashion;
(ii) The quality of \vork perfomled by the Recipient;
(iii) The nunlber.. qualifications, and experience of the staff nlenlbers of
the Recipient; and
(iv) The ability of the Recipient to secure volunteers.. training participants. public service
eJ11ploynlent \vorkers, and other Federal or State training progralns.
(b) The State shall ensure that the funds received under this pal1 \vill be allocated to the entities selected in
accordanct:: \\ ith paragraph (a) of this section.. such that funds \vill be allocat~d to an:as on the basis of the
relative need of 10\v inC0J11e persons for a \\"eatherization project.
(c) I f DOE tinds that a Recipient selected to undertake \Veatherization activities under this part has failed to
COlllply substantially \\lith the provisions of the Recovery ,\ct or this part and should be replaced. such
tinding shall be treated as a finding under 10 C'FR 440.30( i) for purposes of Section 440.30.
Page 22
,-\. TT4-\.CHl\:IENT B (Continued)
PROGR.-\.~I STATUTES 4-\.ND REGULi\ TIONS
(d) Any new or additional Recipient shall be selected at a hearing in accordance \vith 10 CFR 440. 14(a) and
upon the basis of the critetia in paragraph (a) of this section.
(e) A State may terminate tinancial assistance under a subgrant agreenlent for a grant period only in
accordance \vith established State procedures that provide appropriate notice of the State's reasons to the
Recipient.
P:lge 23
;-\TT~\CHl\iIENT C
RECORDKEEPING
.-\. Information on each client shall include~ but not be limited to:
1 ) Client Intake Form (signed by the client and dated)~
~) Client Selection (Priority) Criteria F orm~
3) Copy of the Compliantl Appeal Procedures Form,
-+) Copy of Social Security Cards (\vith only the last four digits sho\\ling),
5) Docunlentation of Inconle for all menlbers of the household~
6) Documentation of Ownership or Landlord Agreenlent (when applicable),
7) A copy of the completed Priority List Assessment and Testing (PLAT) forms,
8) ..A copy of the first page of the National Energy A..lldit (NEAT) or the J\lanufactured Honle Energy ,:-\lldit
(MHEA) ifused for replacing HV"t\C units or refrigerators,
B. When the Recipient W AP Coordinator has deternlined the weatherization activities to be performed on a home,
the nleasures to be addressed will be listed on a Client/i\gency Pre-Work Order Agreenlent Form. The \\lork to be
performed will then be discussed \vith 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.
c. Utilization of dwellings for training activities lTIay be allowed, however state office should be notified in
advance.
Page 24
.-\TT..-\CHMENT 0
REPORTS
:\. \tlonthly reports are due to the Department by the 15th of each month. The Recipient shall enter via the eGrants
reporting system.. a Financial Status Report (FSR). In addition.. the recipient will fax to the Departnlent a signed
copy of the FSR along \vith a Capacity Budget Cost Itetnization (CBCn form. The CBCI \viIl support the charges
reported in the Fee For Service category on the FSR.
B. Davis Bacon or Prevailing \Vage c0111pliance reports - frequency to be determined by the Department.
C. A. Progress Report (frequency to be determined by the Department) to include, at a nlininulm, the following
infonnation:
· Jobs created using state contractors
· Jobs created at the local agency level
· Jobs created using local agency contractors
· llours trained at the local agency
· lobs retained with state contractors
· lobs retained at the local agency level
· Jobs retained \vith local agency contractors
· Equipment purchases exceeding $5,000
D. Other ARRA/DOE Reports as needed.
Note: DOE or the state office will provide guidance regarding the calculation of jobs created and the n1ethodology
for calculating energy savings.
E. The Close-out Report is due to the Department by May 30, 20 I O.
F. Failure to submit all required reports as outlined in Section A through E above by the required due date, n1ay
result in the withholding of any pending or future payn1ents until the reports are received. Reports and notices must
be submitted to:
Department of Community Affairs
Division of Housing and Con1munity Development
Weatherization Assistance Program
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-2100
Fax: (850) 488-2488
G. The audit is due nine (9) 1110nths 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.
H. I-land delivered reports must be date stamped in by Department staff. Each report form shall be signed by the
Recipient's designated agent.
1. Utilization of the eGrants reporting system is n1andatory for all W AP subgrantees.
P~ge 25
.-\. TT.-\.CHl\IENT E
JLSTIFICL;\ TION OF ~-\DV ANCE PL;\ Y~IENT
RECIPIENT: \Ionroe County Board of County Commissioners
Indicate by checking one of the boxes belo\v if you are requesting an advance. If an advance payment is
requested.. budget data on \,,-hich the request is based must be submitted. L-\.ny advance payment under this
.\greement is subject to s. 216.181 (16)., Florida Statutes. The amount \vhich may be advanced shall not
exceed the expected cash needs of the Recipient \vithin the initial three months of the Agreement.
o NO ADVANCE REQUESTED
I 0 ADVANCE REQl!ESTED
Advance payment of $
is requested.
No advance payment is requested. Payment will be
solely on a reimbursement basis. No additional
information is required.
Balance of payments will be made on a rein1bursement
basis. These funds are needed to pay statf, a\vard
benefits to clients, duplicate forms and purchase start-up
supplies and equipment. \Ve would not be able to
operate the program without this advance.
REQUEST FOR ADVANCE
D Recipient has circumstances that require an advance in the amount estimated and justified below.
Complete both the Estinulted Expenses chart and the Explanation o.lExceptional Circllfnstances section below
ESTIMATED EXPENSES
Budget Category
Anticipated Expenditures
for First Three ~Ionths of Contract
I. Capacity Building Activities (To be reported in the Fee For
Service Line item on the Financial Status Report)
(a) Staffing salaries
(b) Fringe
(c) Training costs (registration, travel mileage, lodging, per diem)
(d) Mileage (relating hon1e inspection, client certification
rocesses ),
(e) Program overhead costs (activities relating to the client
certification and inspection processes as would regularly be
covered b Fee For Service rein1bursen1ent
2. Con1prehensive Annual Audit (1/12 per month)
6,500
800
o
o
3. Equipnlent
'4. Liability Insurance (Includ~s Pollution Occurrence Insurance)
i5. Sub to ta I (L in e s I (a). (b), (c). (d). (e). 2, 3 & 4 0 f co hUH n B)
700
2,000
45,000
b. .\dlninistration ( Line 5 ,.\ x 5 .25~/~))
7 . Total (Colunll1 B)
EXPL~A.0.;A TION OF EXCEPTION,\L CIRCL\IST1\NCES:
P~ge 26
.~ TT ACHl\IENT F
\V ARRA~TIES 4~ND REPRESENTATIONS
F inancial ~lanagement
Recipient's financial management system 111USt include the follo\ving:
(I) Accurate. current and c0111plete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets.
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Conloetition
,\ll procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be
alert to conflicts of interest as well as nonconlpetitive practices anlong contractors that Blay restrict or elinlinate
cOlnpetition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair
conlpetitive advantage, contractors that develop or draft specifications. requirenlents, statenlents of \vork, invitations
for bids anclJor requests for proposals shall be excluded from conlpeting tor such procurements. i\ \vards shall be
J11ade to the bidder or offeror \vhose bid or otfer is responsive to the solicitation and is lTIOst advantageous to the
Recipient. considering the price. quality and other factors. Solicitations shall clearly set forth all requirenlents that
the bidder or offeror 111USt t111fill in order for the bid or otfer to be evaluated by the Recipient. .-\ny and all bids or
offers l1lay be rejected \vhen it is in the Recipient's intcrt:st to do so.
Page 27
.-\ TT~.\CHl\rIENT F
\V~-\RRANTIES ~-\~D REPRESENT~<\ TIONS
Codes of Conduct
The Recipient shall maintain \vritten standards of conduct governing the performance of its eOlployees engaged in
the award and administration of contracts. No employee, officer, or agent shall participate in the selection, a\vard, or
Jdnlinistration of a contract supported by public grant funds if a real or apparent contlict of interest would be
involved. Such a contlict would arise when the elnployee, officer, or agent.. any member of his or her immediate
fanlily, his or her partner, or an organization which employs or is about to enlploy any of the parties indicated, has a
financial or other interest in the firm selected for an award. The officers, enlployees, and agents of the Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from 9:00 a.m. through 4:00 p.m., five days a week.
Licensing and Pernlitting
i\ll subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient.
Page 2 X
..\ TT4~CH:\rIENT G
Certification Regarding
Debarment, Suspension, Ineligibility
f\nd V oluotary Exclusion
Subcontractor Covered Transactions
( 1) The prospective subcontractor of the Recipient, (name of subcontractor), certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) \Vhere the Contractor's subcontractor is unable to certify to the above statement, the prospective contractor
shall attach an explanation to this form.
(Sub-Contractor's Name)
(Recipient's Name)
Date:
(Authorized Signature)
(Print Name and Title)
(type here)
(DCA Contract Nun1ber)
(Street Address)
(City, State, Zip)
Page 29
.-\. TT.-\.CH~IENT H
ST A TEi\IENT OF ,,-\.SSURANCES
The Recipient hereby certifies the follo"ving assurances:
:\.. I t5 governing body has duly adopted or passed as an official act.. a resolution. illation or similar action
authorizing the tiling of the contract.. including all understandings and assurances contained therein. and directing
and authorizing the Recipient's chief executive to act in connection \vith the agreement and to provide such
additional information as may be required.
B. Contractors' and subcontractors' licenses illUSt conlply 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 \vhen the work is performed), as \vell as a copy of each contractor" s liability insurance
policy.
C. Units of local govemnlent, Indian tribes and non-profit organizations shall secure and maintain such insurance as
nlay be necessary for protection from claims under Worker's Compensation Acts and from clainls for bodily injury,
death, or property damage which may arise from the perfom1ance of services under this Agreenlent.
D. Priority in selection of clients will be given to (1) the elderly, (2) persons with disabilities,
(3) households with children and (4) households with recurring high energy bills or (5) high energy burden.
E. The Recipient shall give priority 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 10010 owner participation,
4. multi-fanlily 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 Inaximunl 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 \vill pemlit attendance by the department's representatives at any meetings of the Recipients
Board of Directors, executive committee or legislative body.
f-I. The Recipient will permit on-site program evaluation by the Department of Energy, the Department's tield
representative and by technical assistance groups assigned by the Departnlent. The Recipient will also allow
inspection, verification, and audit of financial transactions and records by staff or agents of the department., the
Conlptroller's Office, legislative or federal auditors, and Department of Energy personnel.
r. In order to ensure that no undue or excessive enhancenlent takes place on renter occupied units. the Recipient
shall require that the landlords of buildings \vith five or l1l0re units, or any conlbination of buildings \vith an
aggregate total of tive units or more, that receive services under this contract \viIl pay ten percent ( 100/;)) of the total
cost of the \vork perfomled. The landlord's participation 111ay be \vaived or reduced if they can doculllent in \\Titing
that they cannot atford to participate. ,\ \vrttten agreelllent bet\veen the Recipient and the landlord detailing the
landlord's cOlllnlitnlent and legal responsihilities \\'111 be executed after pre-inspection and \\"ork detennination has
been c0111pleted and prior to \vork beginning on the unit and a copy of this agreenlent Inaintained in the client(s) tile.
Page 30
.-\. TT.-\CH:\IENT I
COU~TY ;\LLOCA TIO~S
The tinancial allocation specified for each county by program is designated to be spent in that county. For recipients
of funds designated for more than one county, in the event that circunlstances \vill not allow the full expendihlre of
any progranl funds allocated to a particular county, a request to expend any part of those funds in another county
lllust be subnlitted in \vriting to the Department. This request 01ust justify the lack of need of program services in
that county. Funds nlay not be expended in another county \vithout prior \vritten approval of the Department.
COUNTY
~Ionroe
.\LLOCA TION
547,363.00
Page 3 1
i\ TT ACHl\tIENT J
SPECI~.\L CONDITIONS
F or this ini tial ~<\lnerican Recovery and Reinvestnlent Act (i\R~-\) VvT eatherization Assistance Program (W AP)
;:\greement, the Recipient is allowed to charge legitinlate progranl support costs (i.e. hiring/salaries, training costs,
conducting energy audits to prepare work orders, along \vith seeking applicants, determining eligibility and the
prioritizing of clients for services) under the Fee For Service category on the Financial Stahls Report (FSR).
\Vhen the signed l\RRA W AP ~~greenlent is returned to the Recipient"! state progranl notices \viII be issued to
clarify the reporting documentation required to support the costs sublnitted to the Department on the nlonthly FSR.
This supporting documentation will include: position descriptions"! salary amount charged, description of any
program overhead and operational costs"! training costs and equipment purchases. Subgrantee Olust be able to
provide upon request"! supporting docunlentation for all line items charged in this agreement.
The allowable activities in this ARRA W AP Agreement will enable the sub grantee to nleet certain mandatory
benchmarks. Once these benchmarks have been met and contilTIled by the Department"! the sub grantee will be able
to start w'eatherizing d\vellings with funding provided in the second ARRA Vvr AP Agreenlent. These benclunarks
are:
. Subgrantee documentation to support adequate staffing increases has been made to iDeet higher
production quotas.
. Subgrantee dwelling inspectors (both existing and new hires) have completed the nlandatory training
and met field proficiency testing standards on diagnostic tools.
. Sub grantee has provided a waiting list of qualified clients (complete application"! prioritized and ready
for dwelling inspection to be conducted) that will cover the first three months of production goals (as
provided by subgrantee in second Agreement).
Once the benchmarks have been met, the subgrantee will be notified by the Department when to close-out this
initial agreement. To assure that the subgrantee can immediately begin providing weatherization services, the
second ARRA W AP Agreement will be provided to the subgrantee during this initial ARRA W AP Agreement
period.
Note: When the subgrantee has a fully executed second ARRA W AP f\.greement, all program
support costs (i.e. hiring/salaries, training costs, conducting energy audits to prepare work orders, along with
seeking applicants, determining eligibility and the prioritizing of clients for services) will then be covered by
the Fee For Service funds generated from weatherization production. The subgrantee will then proceed \vith
closing out the first ARRA W AP Agreement.
P~lge J 2
· .\TT.-\CH\IE:\TI\:
RECIPIE'T 1:\ FOR_\t\TIO.' FOR"
Please cOlnplete aU information applicable to your organization.
I. Recipit'nt's full legal name: Mont'c,e. CoUM'\~ CSoci~ Serv-tC:eS e./O
J\A.o rl ro-p_ Lv UA\_~ Dara Df Gn J. t1 hJ ~ 1'\'1i5 Si'lhU r-s
2. The \\ arrant \\ ill be mailed to the Rccipicnf's address unless other,,-ise indicated:
MOf\[Qi> ,(1)LLrJ.*:1
City 0
T dephone: 305 - ~,.'1 ~ - .35 ~Q
CJQk Q f -tltte (NJ. d
Zip Code; 1<i> y wes+) t:"L 336'1-0
FA}( Number; 305 -;t.4 5- 3 ~loO
J. Street ~.-\ddress (if different from above):
~am.e-
.t Chief Elected Official:
. 5y 1 \J i ~ ~lL(~ky MA'J Di?-
(NalneJ (Title)
E-mail address:_bQ C1' -d I S 5 @.. rnonroe... FAX Number: ,?OS -153 _ g:j gq
CoLU1 {- Y -f' t.. q Ov'
5. Executive Director: \.J
~"'e.r~ \ qra\,~ ~C."I ~ <:)Pi";ce512lr~c.tor
(Name) I <Title)
E-mail address: \~r~ - ~h~ I @~ FAX Number: :?nS - ;;).qS -t..l3S9
fV\on t1 e. c..ou.n+4 - -F' ( . ct OV
6. \Vf\P Coordinator: , \j
5he.t~\ flC&\'l'~Yl DC ~ar-~ne 5orl~ Se.Nlc.es'Di'ecfur
('ame) stec..lcit~agency designatIon)
Telephone: 305 - .;Lt}~-c..{SIQ F.\X:\umber: 30s -~9S -J..f~59
E-l11,lil:tddress:-9r~- 5h~ (B h\OnrCe[f)l~(, ~OV
J ~t~te~ - ~<-u ne....C!-mtn'\{'O +'-' --P( qOV
7. finance Director: I . / - \J
~ar1f\'j Ko\" \~3e 4
1\.,Ullcl !Tirle)
E-;]wj ~lJdr~ss: J.Jio.hl ~~ @... ("rt{)nrce/F\.\. 'lllllller: 30s - ~Cj5 - 30bo
t-lerk.. · Cor<\
i ) . ~ ' ~::.: _~..-: