03/17/2010 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
March 25, 2010
TO:
Sheryl Graham, Director
Social Services
Pamela G. Hanc~
FROM:
At the March 17, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Amendment #0001 to the Homeless Prevention and Rapid Re-Housing Grant Agreement
(HPRP) grant agreement #KFZ28 (10/1/09 to 6/30/11) between the State of Florida Department
of Children and Families and the Monroe County Board of County Commissioners (Community
Services/Social Services).
j Weatherization Assistance Program, American Recovery and Reinvestment Act
Sub-grant Agreement (ARRA WAP), Contract #IOWX-7X-II-54-01-719 between Monroe
County Board of County Commissioners (Community Services/Social Services) and the State of
Florida, Department of Community Affairs for the provision of funds to reduce the monthly
energy burden on low-income households by performing work on the homes in accordance with
the Federal Department of Energy guidelines and DCA guidelines.
Enclosed are four duplicate originals of the above-mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return twofully executed originals to this
office for the Official Record and for Finance. Should you have any questions, please do not
hesitate to contact our office.
cc: County Attorney
Finanpe
File/
STATE OF FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS
Contract Number: lOWX-7X-11-54-01-719
FEDERALLY-FUNDED WEATHERIZATION ASSISTANCE PROGRAM
AMERICAN RECOVERY AND REINVESTMENT ACT SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Monroe Countv Board of
Countv Commissioners (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. l[,he Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. lrhe Department has received these grant funds from the State of Florida, and has the authority to
sub grant these funds to the Recipient upon the terms and conditions below; and
C. l~he Department has statutory authority to disburse the funds under this Agreement.
THEllliFORE, the Department and the Recipient agree to the following:
(1) SCOPE OF WORK
The F~ecipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of
this Agreement.
(2) fNCORPORA TION OF LA WS~ RULES~ REGULATIONS AND POLICIES
The B~ecipient and the Department shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This i\greement shall begin upon execution by both parties and shall end February 15, 2011, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) l\10DIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
"Common Ruh~: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register
8034) or OMB Circular No. A-lID, "Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local
Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-
122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit)
organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2
and 931.2.
Page 1
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of five years from the date the audit report is issued, and shall allow the Department or its designee, the State
Chief Financial Officer 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 from the date the audit report
is issued, unless extended in writing by the Department. The five year period may be extended for the following
exceptions:
1. If 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, claims or audit findings involving the
records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000 or more at
the time it is acquired shall be retained for five years after fmal 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 frorn funds provided under this Agreement, including documentation of all program costs, in a form
sufficient to d(~termine compliance with the requirements and objectives of the Budget and Scope of Work _
Attachment A - and all other applicable laws and regulations.
( d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from
funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, on :Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) )~UDIT 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 reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business
hours of 8:00 a.m. to 5 :00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or fmancial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions
ofOMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through
the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient
shall consider all sources of Federal awards, including Federal resources received from the Department. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by
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OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with
the provisions ofOMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill
the requirements for auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions ofOMB Circular A-133, 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 ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-
Federal funds..
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133,
as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the Recipient to:
The Departme:nt 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 /fac/ collect! ddeindex.html
And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A -133, as revised.
0) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter
issued by the auditor, to the Department at 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
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(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Department pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes,
and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipient when
submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133
or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with
the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds
not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the
Department has notified the Recipient of such non-compliance.
(j) The Recipient shall have all audits completed by an independent certified public accountant (IP A),
either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IP A shall state
that the audit complied with the applicable provisions noted above. The audit must be received by the Department
no later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Department with monthly 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) Monthly reports are due to the Department no later than 15 days after the end of each production
period (fITst day through last day of each month) of the agreement period and shall be sent each month until
submission of the administrative close-out report.
(I~) 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 September land March 31.
(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 fITst occurs.
(e) If all required reports and copies are not sent to the Department or are not completed in a manner
acceptable to the Department, the Department may withhold further payments until they are completed or may take
other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product
was completed in accordance with the Budget and Scope of Work.
(f) The Recipient shall provide additional program updates or information that may be required by the
Department.
(g) The Recipient shall provide additional reports and information identified in Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors
and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being
met, the Schedule of Deliver abIes and Scope of Work are being accomplished within the specified time periods, and
Page 4
other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to
this Agreement, and reported in the quarterly report.
[n addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Department staff, Department-contracted monitoring
entities or other agents, limited scope audits, and/or other procedures. 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 Florida Chief Financial Officer or Auditor General. In addition, the Department will monitor the performance
and financial lnanagement by the Recipient throughout the contract term to ensure timely completion of all tasks.
(9) ~IABILITY
(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 terms of this Agreement, and shall hold the
Department harmless against all claims of whatever nature by third parties arising from the work performance 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 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 omissions 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 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.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the Department
to make further payment 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 make payments or partial
payments after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the
Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this
Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during the
term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written
notice is sent by the Department.
( c) If any reports required by this Agreement have not been submitted to the Department or have been
submitted with incorrect, incomplete or insufficient information;
Page 5
( d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under
this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Department may, upon thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of the following
remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written
notice of such termination. The notice shall be effective when placed in the United States, fITst class mail, postage
prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment 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, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for or the extent of
non-compliance 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;
(:f) Exercise any other rights or remedies which may be otherwise available under law.
(g) Pursuing any of the above remedies will not keep the Department from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right
or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any
other default by the Recipient.
(12) TERMINATION
(a) The Department may terminate this Agreement for cause with thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
in a timely marmer, 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.
(b) The Department may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice.
( c) The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of lhis Agreement. The amendment shall state the effective date of the termination and the procedures
for proper clost~out of the Agreement.
Page 6
( d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the
terminated portion of the Agreement after the Recipient has received the notification of tennination. . The Recipient
will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will
be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of
Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the
Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is
determined.
(13) NOTICE AND CONTACT
( a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or flIst class, certified mail, return receipt requested, to the representative identified below at the address
set forth belo,,' 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)Sher\JL ~r~ SaLtaJ ~LL~~.n't,ec6{L
(Address) \ \ aD S; moo+o({ S+.~ -1...5''T- ~ West J l="L 3.3b4D
Telephone: ( ) ..3 as- -2- q 2.. - 4.s- / ~
Fax: ( ) 305 - 2-9S- - 4~G)
Email: @<;;.l(AHAM-~U~ilYLfQ..fviDM~f.Ln1urv-FL.bD\I
( d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be provided as
stated in (13)( a) above.
(14) ,SlJBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Department for review 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 terms of this Agreement,
(ii) the subcontractor is bound by all applicable state and federallaws and regulations, and (iii) 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. The
Recipient shall document in the monthly report the subcontractor's progress in performing its work under this
l\greement.
Page 7
For each subcontract, the Recipient shall provide a written statement to the Department as to whether
that subcontractor is a minority vendor, as defmed in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
rrms Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(c) This Agreement has the following attachments (check all that are applicable):
I:8J Exhibit 1 - Funding Sources
I:8J Attachment A - Scope of Work and Budget
I:8J Attachment B - Program Statutes and Regulations
I:8J Attachment C - Recordkeeping
I:8J Attachment D - Reports
I:8J Attachment E - Justification of Advance
I:8J Attachment F - Warranties and Representations
I:8J Attachment G - Certification Regarding Debarment
I:8J Attachment 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 $417~460.39 , subject to the availability
of funds.
(b) Any advance payment 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
Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within
the fITst three (3) months of the contract term. Any advance payment is also subject to federal OMB Circulars A-87,
A-II0, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, 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.
[] An advance payment is requested in the amount of $
if applicable)
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The
Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this
Agreement.
N/A
I
. (check and complete
Page 8
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under
subparagraph (19)(h) of this Agreement, all obligations on the part of the Department to make any further payment
of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice
from the Department.
(18) REPAYMENTS
~~ll refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of "Department of Community Affairs" and mailed directly to the Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with 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%)
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 truth 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 I)epartment 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 material changes shall, at the option of the Department and with thirty days written notice to the
Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the
Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and
void to the extt~nt of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Department under the terms of this
Agreement shall survive the term of this Agreement.
( d) This Agreement may be executed in any number of counterparts, anyone of which may be taken
as an original.
(e~) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,
42 U.S.C. Section 12101 et seq.) and the Florida Civil Rights and Fair Housing Acts (sections 760.01 -760.37,
Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, state and local government services, and telecommunications.
(f) A person or organization who has been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or servic1es to a public entity, may not submit a bid on a contract with a public entity for the construction or
Page 9
repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public
entity, and may not transact business with any public entity in excess of $25,000.00 for a period of36 months from
the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under
this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal Department or agency;
2. have not, within a 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 with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally 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) terminated 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"
(Attachment t:;) 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.
U) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if
the Recipient rc~fuses to allow public access to all documents, papers, letters, or other material subject to the
provisions ofC~hapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) 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.
(rn) The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in
8 V.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department
Page 1 0
shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA.
Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla.
Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
(0) All unmanufactured and manufactured articles, materials, and supplies which are acquired for
public use under this Agreement must have been produced in the United States as required under 41 U.S.C. lOa,
unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from 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:
1. No 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~l loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee ofa Member of Congress in connection with 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 award documents for all
subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
(21) COPYRIGHT~ PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRillNG UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
Page 11
ANY AND ALL COPYRIGHTS ACCRillNG 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 has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
invention to the Department for a determination whether the State of Florida will seek patent protection in its name.
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. i\.ny copyrights accruing under or in connection with the performance under this Agreement are
transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property
which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then,
under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
I'he 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) ASSURANCES.
I'he Recipient shall comply with any Statement of Assurances incorporated as Attachment H.
(24) 1SIGNATURE PAGE.
l'he execution of this Agreement by the parties is contained in the Signature Page which follows this
page of the Agreement.
Page 12
STATE OF FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS
FEDERALLY FUNDED SUB GRANT AGREEMENT
SIGNATURE PAGE
Contract NUITLber: lOWX-7X-11-54-01-719
IN \VITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on
the day, month and year set forth below.
Date~AR 1 7 201Q
Y AFFAIRS
Date:~1 C>
Title:
M,aYiQr Pro Tern
Title: Director, Division of Housing
and Community Development
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Page 13
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Separately list the following information for each federal program from which the resources awarded to the
Recipient orig"inate:
Federal agency
Catalog of Federal Domestic Assistance title:
Catalog of Federal Domestic Assistance #:
Award amount:
American Recovery and Reinvestment Act
Weatherization Assistance Program
Dept. of Energy
Weatherization
81.042
$417,460.39
THE FOLLO'~ING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
Separately list each applicable compliance requirement (eligible activities, service, or commodities; eligible
recipients; etc.) a..~d specify to which federal program each requirement applies:
Compliance Requirement
1. Purposes resources must be used for:
Program
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 B-1; Record Keeping, Attachment C; Reports,
Attachlnent D; Statement of Assurances, Attachment G; County
Allocations, Attachment I; Special Conditions (When Applicable),
Attachlnent J of this Agreement and applicable OMB Circulars.
2. Eligibility requirements for recipients of the resources:
Weatherization Program
The recipient will comply with eligibility requirements as set forth in the
Department of Energy (DOE) 10 CFR Part 440 Final Rule, applicable
OMB Circulars and applicable ARRA guidance and requirements as
provided by DOE during the agreement period.
Page 14
ATTACHMENT A
SCOPE OF WORK AND BUDGET
SCOPE OF WORK
In carrying out this Agreement, the Recipient will provide the necessary personnel, materials, services and facilities,
except as otherwise provided herein, to carry out the program. The Recipient will have a designated individual, referred
to by the Department as the W AP Coordinator, to be responsible for the following activities:
A. Solicit, idt~ntify and qualify low-income residents within the Recipient's identified service area who have the need
and desire for energy conservation assistance. The Recipient will make the services provided for under this Agreement
available to all eligible clients in the counties to be served.
B. During this contract period work performed on homes shall be completed in accordance with the Florida Priority List
and supplemental Department and federal Department of Energy guidelines, unless the Recipient secures written
permission from the Department not to. Each unit must be evaluated by using the Priority List Assessment and Testing
(PLA T) inspection package, recording visual observations and measurements and performing required diagnostic tests,
i.e., blower door, monoxor, gas analyzer, pressure pan and any other tests required as directed by the state weatherization
office. This information will be maintained in the client file.
When addressing a central heating and cooling unit which already exists in a home, the National Energy Audit (NEAT)
or Manufactured Home Energy Audit (MHEA) must be used to determine replacement and appropriate sizing.
Refrigerators lnay only be replaced if (a) indicated by metering (minimum 10% of refrigerators must be metered), (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. The cost of labor, materials and program support for weatherization measures under this W AP agreement should not
exceed $6,500 per house. (This average does not include the Health and Safety ("H&S") $600 that may also be
expended. If'~ AP/Low-Income Home Energy Assistance Program funding is also utilized, the H&S amount may only
be charged to one program.)
D. When the R.ecipient W AP Coordinator has determined the weatherization activities to be performed on a home, the
measures to be addressed will be listed on the Client! Agency Pre-Work Order Agreement Form. The work to be
performed will then be discussed with the client, along with addressing the included disclaimer language regarding mold
and moisture. Also a copy of the Lead Notification pamphlet and the Mold and Moisture pamphlet will be provided to
each client. Then both the client and the coordinator will sign and date the form. Once this form is signed, work may
commence.
E. The Recipient is responsible for supervising, monitoring and ensuring the quality of all work by staff, volunteers and
subcontractors. The Recipient shall provide the Department with documentation and reports as required by this
Agreement as ,;vell as other information related to this project as may be specified by the Department.
F. The Recipit~nt W AP Coordinator shall conduct a final inspection and certification that all work listed on the Building
Work Report (l3WR) was performed on the home according to program guidelines. If all work meets program
guidelines and local building codes, and applicable permits have been pulled, the W AP Coordinator and client will sign
and date the B'~R.
G. The Recipient W AP Coordinator shall coordinate with the Department's field monitor contractor to perform an
inspection of at least 50% of the dwellings weatherized in a production period (1 8t day to the last day ofa month) that are
slated to be reported. This inspection should be completed by the last day of the production period. Dwellings requiring
corrective measures in order to achieve compliance will be required to be revisited by the field monitor. No completed
inspected dwelling that has not achieved compliance will be submitted to the Department for reimbursement.
15
ATTACHMENT A
SCOPE OF WORK AND BlJDGET
SCOPE OF WORK
H. The Recipient W AP Coordinator will coordinate with the Department's field monitor contractor to perform an
inspection of 100% of the client files for all completed dwellings to be submitted in a production period. A client file
that is not in compliance will not be included in the monthly production report. Non-compliant client files must have
corrective action completed and be re-inspected for compliance before being submitted on the monthly report.
I. The Recipi1ent W AP Coordinator will coordinate with the Department's field monitor contractor to review for
accuracy the C:lient Intake Form and Building Work Report data that is entered into the agency's monthly reimbursement
request via the: eGrants reporting system. No request for reimbursement may be submitted until all Client Intake and
Building Work Report data has been confIrmed for accuracy.
J. The Recipi,ent will provide the following per month estimated Production Goals for the Agreement period.
March 2010 ~ April 2010 L May 2010 ~
June 2010 3- July 2010 ~ August 2010 ~
September 2010 ~ October 2010 ~ November 2010 ~
December 2010 -5- January 2011 ~ February 2011 ~
Total Production t1"f Mlr\\ m.lLM.
ATTACHl\'IENT A (Continued)
16
I 9. /
S~p\e o.f ril\arlCl3\ 5fdtus ~epor-t lFSR)
~ ~UD&il~lS J i<-ef. 0 n e ~IJe.. 2 7j
Fee For Service Summary and Detail Reporting Instructions A-trac~W\extt D.
From the Financial Status Report Form
Current Month
(A)
Totals To Date
(B)
1. a) Material ((:alculated from Building Work Reports)
b) Labor (C:alculated from Building Work Reports)
2. Fee for Service (30% of Lines 1A + 1B) (Calculated from material and
labor totals reported. on Building Work Reports submitted)
3. Total: (Lines 1a + 1b + 2 from column A) (Cannot exceed average of
$6,500 per dwelling)
4. Health & Safety - (From Building Work Reports - cannot exceed $600
per dwelling without Department's writtenlemail approval)
5. Comprehensive: Annual Audit (1/12 per month)
6. Training & Technical Assistance
6. (b) Equipment
7. Liability Insurance
8. Subtotal (Colunm A - Line la, 1 b, 2 plus lines 4 through 7)
9. Administration (Line 8 x 5.25%) c
(Can be less than 5.25% but ma not exceed 5.25%)
10. Totals (Lines lA - 9A and 1B - 9B)
(Note: 10 B can not exceed Total A eement Amount)
1.a) MATERIAL: Calculated from Building Wor
b) LABOR:: Calculated from Building Wor eports.
2.
FEE FOR SERVICE: (30% ofLin lA + 1B) (Calculated from material and labor totals reported on Building
Work Re orts submitted.
TOTAL: Lines la, 1b, and 2/ .s amount cannot exceed the average of$6,500 per dwelling reported.
HEALTlI AND SAFET)/ NERGY-RELATED MEASURES HAZARD ABATEMENT ONLY.
/'
3.
4.
5.
COMPREHENSIV~" NUAL AUDIT: This is for the pro rata share of the agency audit charged to each
program. The Recipfent may bill on aI/12th of the cost of the audit per month or on a quarterly basis (written
notification re u. d to be rovided to consultant for uarterl 0 tion).
TRAINING D TECHNICAL ASSISTANCE: These reported costs will not be reimbursed without prior
written a ~al for activi from the De artment.
EQmp~ NT: These reported costs will not be reimbursed without prior written approval for purchase from the
De a e'nt.
LI ILITY INSl1RAL~CE: Liability, Bonding (for the pro rata share of the agency insurance coverage charged to
e ro ram) and Pollution Occurrence Insurance.
UBT01'AL: Lines la, lb, 2 plus lines 4 through 7.
ADMINISTRATION: Line 8 x 5.25% (Can be less than 5.25% but may not exceed 5.25%).
TOTALS: Columns A and B.
6.
6 (b)
7.
8.
17
ATTACHMENTB
PROGRAM STATUTES AND REGULATIONS
Both the B~ecipient and the Department shall be governed by applicable laws and rules, including but not limited
to:
A. Pub. L. 94-385, Part A, Title IV ("Energy Conservation and Production Act of 1976"); the Omnibus Budget
Reconciliation Act of 1981, Title XXVI of Pub. L. 97-35 (Low-Income Home Energy Assistance Act of 1981); Title
II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96-619); Title V, Subtitle E, of the
Energy Security Act of 1981 (Pub. L. 96- 294); and Chapter 163, Fla. Stat. ; Florida Chief Financial Officer
Memorandum No. XXX , American Recovery and Reinvestment Act (ARRA) Requirements (2008-2009);
American Recovery and Reinvestment Act of 2009 (Public Law 111-5); Federal Central Contractor Registration
(http://www.ccr.govD; 2 CFR Part 176, Requirements for Implementing Sections 1512,1605 and 1606 of the
American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards; Schedule of Expenditures of
Federal Awards (http://www.myfloridaacfo.com/aadir/statewidefinancialreporting/financing.htm)
B. All federal statutes relating to nondiscrimination including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) which prohibits discrimination on the basis of race,
color or national origin;
2. Title IJ( of the Education Amendments of 1972, as amended (20 V.S.C. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 V.S.C. 794), which prohibits discrimination
on the basis of handicaps;
4. The Ag1e Discrimination Act of 1975, as amended (42 V.S.C. 6101- 6107), which prohibits discrimination 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 drug abuse;
6. The COlnprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7. Subsections 523 and 527 of the Public Health Service Act of 1912 (42 V.S.C. 290 dd-3 and 290 ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records;
8. Title VIII of the Civil Rights Act of 19.68 (42 V.S.C. 3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or fmancing of housing; and
9. The requirements of any other nondiscrimination statute(s) which may apply to the Weatherization
Assistance Program.
10. The Americans with Disabilities Act of 1990, Public Law 101-336 (42 V.S.C. Sections 12101 through
12213).
C. Executive ()rder 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and
as supplemented in Department of Labor Regulations (41 C.F.R. Part 60).
D. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42 V.S.C. 1857
et seq.) and the federal Water Pollution Control Act as amended (33 V.S.C. 1251 et seq.).
18
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
E. The Recipient will comply with the Lead-Based Paint Poisoning Prevention Act (42 D.S.C. 4081 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
F. The Recipient will assist in assuring compliance with Section 106 of the National Historic Preservation Act of
1966, as amended (16 D.S.C. 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 D.S.C. 469a-l et seq.)
G. In complia.nce with 10 C.F.R. Subpart E, Part 1036.510 (Appendix B), the Recipient certifies that neither it nor
its principals are presently debarred, suspended, proposed for debarment, declared eligible, or voluntarily excluded
from participating in this Agreement by any Federal Department or agency.
H. The Recipient shall screen applicants for program eligibility under 1986 Immigration and Nationality Act, as
currently amended.
I. Recipients 'fVhich procure $10,000 or more of insulation products annually are required to put into effect an
affmnative 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. All applicable federal rules, regulations and guidelines including 10 C.F .R. Part 600, and all applicable OMB
Circulars, as rf~vised, as they relate to the application, acceptance, and use of federal funds under this Agreement.
K. Other applicable federal and State laws, rules, regulations and guidelines.
L. There shall be no religious worship, instruction, or proselytization as any part of, or in connection with, the
performance of this Agreement.
M. The Recipient certifies that neither its organization nor any member of the staff is debarred or suspended or is
otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549,
"Debarment and Suspension." The contractor may not make any subcontract to a debarred or suspended party. A
current listing of such parties is maintained by the Department for review.
N. Before beginning work on any dwelling, the Recipient shall have:
1. Documentation of client income eligibility in accordance with the most recent federally established Poverty
Income Guidelines. Client income verification must be conducted within 180 days prior to the date the work begins.
2. Docume:ntation of authorization from the owner of the dwelling or his authorized agent.
3. Documentation of proof of ownership.
4. Agreemc~nt with the owner of rental property assuring compliance with 10 C.F.R. Part 440.22.
19
ATTACHMENT B (Continued)
PROGRAl\1 STATUTES AND REGULATIONS
O. INTERES'T INCOME: Except as provided for advance payments, the Recipient may temporarily invest grant
funds, but any interest income shall either be returned to the Department or be applied against the Department's
obligation to pay the contract amount. Any interest income earned by the temporary investment of these grant funds
that is not applied against the Department's obligation to pay shall be returned to the Department at the time of
submission of the final close-out report.
P. PROG~J INCOME: Recipient may apply net program income, after costs incident to the generation of gross
program incorne are deducted, excluding interest income, to meet matching requirements, or may reprogram it for
eligible program activities in accordance with Rule Chapter 9B-24, Florida Administrative Code. The amount of
program incorne and its disposition must be reported to the Department at the time of submission of the final close-
out report. Expenditure of program income balances at contract end must be approved by the Department.
Q. APPEALS SYSTEM: Recipient must have a written appeals system 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 fITst be heard by the:
J(i"" Wit ~) SR.. ~r~b Conrdi",~
(Title of Position)
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be heard by:
SheA't \ qc~h.O(('\) 50u.~ Se.rv iLes >>, \"e c:tol (Title of Position).
Should the second level complaint/appeal be unable to resolve the difficulty, the fmal hearing will be held by:
---t{n ~rO~)
(DUJ'*"'i 'Q 0 c f1 "
(Committee or Full Board).
All complaints received by the Department will be referred to the Recipient.
R. All W AP subgrantees will following the procedures and guidelines provided in the Florida W AP Manual.
Programmatic and guideline changes during an agreement period will be provided to all subgrantees through a State
Weatherization Program Notice and are to be considered as updates and become effective upon the date indicated on
a Program Notice. The State Program Notice will be sent to the Recipient by mail and email to the addresses stated
in Paragraph Thirteen of this Agreement.
s. Because of the additional accountability requirements and enhanced scrutiny associated with American Recovery
and Reinvestmlent Act (ARRA) funding and operations in general and the W AP in particular, the Department must
be prepared to replace service providers not meeting production goals or compliance requirements quickly. To that
end, the Department intends to pre-qualify service providers who could step in and administer this program if an
existing provid1er needed to be replaced.
In order to find new service providers, the Department will advertise and hold a public meeting in a service area to
seek an interested public or private nonprofit entity to be considered for designation as an eligible provider of
ARRA W AP sc~rvices in that specific service area. The subgrantee selection criteria of the u.S. Department of
Energy (1 0 CFl~ 440.15) will be followed for this pre-qualifying process. If a new service provider is required at
the time the Department needs to contract for ARRA W AP services, the Department will contract with the service
provider who has been pre-qualified by the solicitation process.
20
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
T. All W AP subgrantees shall comply with the ARRA 2009-2012 W AP State Plan, Annual File Narrative, as set
forth below:.
Liability Insurance
All Recipients and subcontractors are required to have sufficient liability insurance coverage for performing
weatherization-funded activities. In addition, Recipients must have Pollution Occurrence Insurance (POI), whether
included, addt:~d to, or a separate general liability insurance policy. Costs may be charged as a separate line item on
the. Financial Status Report. Recipients must ensure that each private contractor is adequately insuted (to include
POI) or covered by the Recipient policy.
Documentation to substantiate all insurance coverage will be reviewed during monitoring visits. Failure to have
adequate insurance coverage may result in all reimbursement requests being withheld until compliance is met.
Training and Technical Assistance Plan (T&TA)
T&TA activities are intended to maintain or increase the efficiency, quality, and effectiveness of the Weatherization
Assistance Program at all levels. Such activities should be designed to maximize energy savings, minimize
production costs, improve program management and crew/contractor "quality of work," or reduce the potential for
waste, fraud, abuse, and mismanagement. Part of the state's assessment ofT&TA needs will be the an going
review of monthly production and expenditure reports.
Although historically the state has not required any specific certification or experience for local service provider
employees who perform inspection/diagnostic testing procedures or conducted formalized training for contractors
authorized to carry out weatherization activities, the initial ARRA W AP agreement will include inspector training
requirements tDr all subgrantee staff who will participate in the dwelling inspection process.
Determining ]~ligibility Levels and Defining Income
The ARRA increases the income eligibility threshold for U.S. Department of Energy ("DOE") Weatherization from
150 percent to 200 percent of the poverty income guidelines; therefore, these changes will be reflected in the ARRA
W AP 2009 sub grant agreements. Recipients must maintain records documenting 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 weatherization assistance at the time such services were provided. The
Economic Stirrlulus Act of 2008 provided rebate checks to qualifying individuals and families. With respect to
those payments, the IRS emphasizes that stimulus payments will not count toward or negatively impact any other
income-based government benefits such as Social Security benefits, Food Stamps, and other programs. Therefore,
for the purpose ofW AP, the rebate checks issued under the Economic Stimulus Act of 2008 will NOT count as
income when determining eligibility.
Determining F~riority Service
Recipients will continue prioritizing services to clients based upon the DOE-recognized classifications of "elderly,
persons with 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 which clients meet
the last two classifications, a Memorandum of Understanding (MOU) between the W AP and the LIHEAP
Recipients serving the same geographical area is required. All W AP Recipients will coordinate with their local
LIHEAP provider to develop a referral process and targeted number of clients to serve. A minimum of 10% of the
clients receiving weatherization services through W AP during PY 2009 will be LIHEAP referrals.
21
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
Vehicle Purchase
Recipients are' able to spread the large cost of purchasing vehicles and! or certain equipment, with an acquisition cost
of $5,000 or nlore over the entire life of the vehicle and the number of homes served during that period. However, a
proportionate share of the amortized cost of purchasing vehicles must be included as a part of the cost for
weatherizing each home. DOE allows for determining the average cost per unit by including only that fraction of the
cost of a new vehicle which is actually "used" during the current year. Recipients should consider and weigh the
options on leasing versus 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 small as one dollar, DOE would need to approve the purchase
of the vehicle.
In order for a JR.ecipient to use a purchase or lease-purchase option, specific information must be collected and
submitted to the Department for review prior to submission to DOE for approval. The Department has developed a
vehicle purchasing guidance packet and forms that must be completed for this activity. Contact the Department to
receive this packet.
Prevailing Wages
All laborers and mechanics employed by contractors and subcontractors on projects funded by ARRA shall be paid
wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the
Secretary of Labor and in accordance with 40 V.S.C. ~~3131 - 3148. With 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 V.S.C. 3145. See V.S. Department of Labor, Wage and Hour
Division website at http://www.dol.gov/esa/whd!contracts/dbra.htm. Wage determinations can be found at
http://www.wdol.gov. The Department or its representative will review compliance with prevailing wages
guidelines during onsite monitoring visits and will require a semi-annual survey report form be completed by all
Recipients. This information will be submitted through the web-based eGrants system.
The following is the U.S. Department of Energy Weatherization Program Notice 09-9, which provides
guidance on implementation of the Davis-Bacon Act Prevailing Wage Requirement in the American Recovery
and Reinvestment Act of 2009:
Effective: July 21, 2009 - To issue guidance to Weatherization Assistance Program participants, on implementing
Davis-Bacon P~ct (DBA) requirements associated with the expenditure of American Recovery and Reinvestment Act
of2009 (Recovery Act) funds. The Department of Labor (DOL), Employment Standards Administration, Wage and
Hour Division (WHD) has issued guidance on applicability of DBA requirements to all agencies engaged in funding
proj ects for construction, alteration, and! or repair funded in whole or in part by funds appropriated under the
Recovery Act, and has issued guidance to the Department of Energy's (DOE) Weatherization Assistance Program in
particular. Those DOL documents are attached hereto for your convenience. The instant memorandum is intended to
provide you with the DOL guidance and to amplify that information as may be appropriate for our circumstances. It
does not modify or replace the DOL guidance or any requirements or terms and conditions contained in the grant
instrument.
DISCUSSION: The Department of Energy Weatherization Assistance Program
The Weatherization Assistance Program was established in 1976. The program has historically not been subject to
the DBA prevailing wage requirements. However, on February 17, 2009, President Obama signed the Recovery Act
to jumpstart th~~ economy by saving and creating jobs, and to foster weatherization and energy efficiency efforts and
achieve other goals. Section 1606 of the Recovery Act specifically requires that all laborers and mechanics
employed by contractors and subcontractors on any project "funded directly by or assisted in whole or in part by"
Recovery Act fimds be paid prevailing wages as determined by the Secretary of Labor. Thus, Weatherization
Assistance projects funded or assisted in whole or part by Recovery Act funds are now subject to DBA prevailing
wage requirements.
22
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
Accordingly, contractors and subcontractors must ensure that any laborers and mechanics employed on projects
funded or assisted in whole or in part by Recovery Act funds are paid prevailing wages as determined by the
Secretary ofL,abor for construction, alteration, and/or repair (including painting and decorating). Grantees and
subgrantees, vr'ith the exception of state and local governments, that use their own employees to perform this work,
will also pay these employees the DBA prevailing wage rate. If the entity receiving Recovery Act assistance for
such projects (:;ontracts out the weatherization work, it must ensure that the DBA requirements flow down to the
entities that ernploy laborers and mechanics that do the work.
On projects where DBA prevailing wage requirements must be paid, the requirements set out in the DOL regulations
at 29 CFR Parts 1, 3, and 5 are applicable. In accordance with 29 CFR Part 1, Federal agencies directly contracting
for weatherization projects or providing assistance under the Recovery Act to other entities for such projects must
include the standard DBA contract clauses found in 29 CFR 5.5(a) in their bid solicitations, assistance agreements,
and the resulting contracts and grants, and must require that those requirements flow down to any contracts or
subcontracts fi)r the performance of the work. The recipient of the Recovery Act funds is responsible for the
compliance by its subgrantees, contractors and their subcontractors with all of these contract clauses.
DOE is responsible for ensuring that the applicable wage determinations are included in bid solicitations, assistance
agreements, and the resulting contracts and grants. DOE is working with DOL to ensure that wage determinations
for weatherization projects accurately reflect the local prevailing wage rates and fringe benefits for this work. To
this end, the \\'age and Hour Division ("WHD") Administrator may issue a weatherization wage determination after
a contract has been awarded or after the beginning of construction. Pursuant to 29 CFR S 1.6( f), if it is determined
that an inaccurate wage determination has been incorporated into a grant or contract, the proper wage determination,
as issued by the WHD Administrator, will be incorporated into that contract or grant retroactively to the beginning
of ARRA assisted or funded construction. The contractor/subcontractor and grantee/subgrantee must be
compensated :Dor any increases in wages resulting from such change. In the event of such a change you may use
Recovery Act funds to cover the cost of the adjustments. Until DOL issues prevailing wage determinations for
weatherization workers in your area, you may use Recovery Act funds to begin weatherizing homes so long as you
pay at least the wage amounts currently listed at http://www.wdo1.gov/lndex.aspx for residential construction or
other specific category that you believe is most similar to the work performed by your employees or those of the
contractors you utilize. Please also note that the rates posted at the DOL site are minimums.
Please note that weatherization work will be defined by DOL's survey and may not apply to the work performed by
all of your employees. For example, replacement ofHV AC systems by licensed contractors most likely will not be
considered weatherization work. The wage determination for this work will be listed under another labor category.
The wage Survl~y being conducted by DOL is collecting data on all HV AC work including installing the HV AC unit,
installing duct 'work, and installing the pipe. The survey is asking for the classification(s) that perform HV AC work
and for a description of the scope of the HV AC work performed on the jobs. From this, the survey results will
determine the c:lassification(s) and rates/fringe benefits that will be paid to the worker(s) who perform HV AC work
and will specit:v on the wage determination the scope of the work performed. For instance, it may be a
weatherization worker, HV AC mechanic, plumber, pipefitter, or sheet metal worker. The survey results will
determine which classification( s) do the work.
DOE and others have suggested that the classifications and wage rates/fringe benefits on the current residential wage
determinations are not applicable to weatherization work. DOL is working to ensure that wage determinations for
work on weatherization projects accurately reflect the local prevailing practice for this work. To this end, the WHD
Administrator at DOL may issue a wage determination after contract award or after the beginning of construction. If
the agencies proceed without an applicable weatherization wage determination in their projects, then they risk
having a back wage liability after DOL completes its survey and issues applicable weatherization wage
determinations. There is no way to determine prior to the completion of the survey "and prevailing wage
determination process whether the weatherization wage survey will collect sufficient information for WHD to
23
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
produce a separate rate for HV AC work or whether that work is performed by a weatherization mechanic, plumber,
pipefitter, shec~t metal worker, etc. There are no standard national classification definitions under the Davis-Bacon
program. The classification of work that performs the work in question is based on the prevailing practice in the
area.
It is imperativ1e that Davis Bacon wage stipulations be inserted into all contracts in which Davis Bacon applies and
that the contractors working on these projects maintain accurate and complete weekly certified payrolls from the
start of construction. Pursuant to 29 CFR ~ 1.6( t), if an inaccurate wage determination or no wage determination has
been incorporated into the grant or the contract, the proper wage determination, as issued by the WHD
Administrator~l will be incorporated into the contract or grant retroactively to the beginning of construction. The
certified payroll records submitted prior to the inclusion of the proper wage determination must be reviewed and any
employees paid less than the determined wage rates must be compensated the difference for all hours worked on the
project. In addition, the contractor must be compensated for any increases in wages resulting from such change.
For States, the costs associated with DBA compliance can be charged either as an administrative cost or as a training
and technical assistance cost. For local agencies, these costs must be charged either as an administrative cost or as
part ofprograrn operations. States should contact their respective DOE Project Management Center for specific
guidance on how to appropriately charge these costs.
Grantees/subgrantees and contractors/subcontractors must attach the applicable wage determinations to the bid
solicitation, as sistance agreement, and resulting contract or grant. A grantee or sub grantee and
contractors/subcontractors contracting out work on a covered weatherization project must provide the wage
determination to the contractors or subcontractors 10 calendar days prior to soliciting bids. Once a project becomes
subject to DB)\. requirements and the accurate (as stated in the above paragraph) wage determinations are obtained
and incorporat1ed into a bid! contract, then those wages are applicable for the entire proj ect.
If an ongoing construction project which was awarded prior to the Recovery Act or which was not assisted or funded
in whole or part by Recovery Act funds does become subject to Recovery Act funding, the agency will insert the
appropriate wage determination( s) in relevant contracts and federal assistance agreements effective as of the date the
Recovery Act assistance is approved for use on the project. The determinations will then need to be included in any
contracts or subcontracts for the covered work. Projects that are already subject to Davis-Bacon labor standards
would not require application of a new Davis-Bacon wage determination upon receipt of Recovery Act assistance
unless such assistance is for work not contemplated under the existing contract for construction or in the
circumstances outlined above where the WHD Administrator issues a new wage determination.
In addition, grantees/subgrantees and contractors/subcontractors on weatherization projects funded or assisted in
whole or part by Recovery Act funds shall maintain payrolls and basic records relating to payroll during the course
of the work and preserve them for a period of three years thereafter for all laborers and mechanics working on the
project, or as d1esignated in the grant document. They must also ensure that all laborers and mechanics on a
project funded or assisted in whole or part with Recovery Act funds are paid on a weekly basis and must
submit weekly certified payroll records to the contracting and administering agency.
Training
DOE has completed an initial round of national webinars training on Davis-Bacon implementation for State and
local agencies. Davis-Bacon training sessions also were conducted at the DOE Weatherization Assistance Program
National Conference held July 20-23, 2009 in Indianapolis. This training was designed to provide all attendees with
a general overall knowledge on compliance with DBA. The state of Florida will be providing training on Davis-
Bacon for their provider agencies.
24
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
CONCLUSI()N
DOE is committed to ensuring that the Recovery Act meets its dual objectives of creating thousands of new jobs and
of bringing about the weatherization of more than 525,000 low-income households over the next three years. DOE
will provide any additional assistance needed and will address any issues that may arise in order to ensure that those
goals are met. To this end, DOL, with assistance from the DOE, is developing project wage determinations that
accurately reflect the classifications used and wage rates paid on residential weatherization projects. These new
wage surveys are being conducted on an expedited basis. Once completed, project wage determinations, specific to
weatherization work in residential buildings will be issued to DOE for incorporation into the grant and contract
documents.
Administrative
If the state det1ermines that additional or replacement service providers are necessary, the following guidelines
outlined in 10 CFR 440.14, State Plans, and 10 CFR 440.15, Recipients, apply:
a) The State shall ensure that:
(1) Each Recipient is a CAA or other public or nonprofit entity;
(2) Each Recipient is selected on the basis of public comment received during a
public hearing conducted pursuant to 10 CFR 440. 14(a) and other appropriate fmdings
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 administering, an effective program under this part
or under Title II of the Economic Opportunity Act of 1964, with program effectiveness
evaluated by consideration of factors including, but not necessarily limited to, the following:
(i) The extent to which the past or current program achieved or is
achieving Weatherization goals in a timely fashion;
(ii) The quality of work performed by the Recipient;
(iii) The number, qualifications, and experience of the staff members of
the Recipient; and
(iv) The ability of the Recipient to secure volunteers, training participants, public service
employment workers, and other Federal or State training programs.
(b) The State shall ensure that the funds received under this part will be allocated to the entities selected in
accordance with paragraph ( a) of this section, such that funds will be allocated to areas on the basis of the
relative need of low income persons for a weatherization project.
(c) IfJDOE fmds that a Recipient selected to undertake Weatherization activities under this ,part has failed to
comply substantially with the provisions of the ARRA or this part and should be replaced, such fmding
shall be treated as a finding under 10 CFR 440.30(i).
(d) Any new or additional Recipient shall be selected at a hearing in accordance with 10 CFR 440. 14(a) and
upon the basis of the criteria in paragraph ( a) of this section.
(e) A State may terminate fmancial assistance under a subgrant agreement for a grant period only in
accordance with established State procedures that provide appropriate notice of the State's reasons to the
Recipient.
25
ATTACHMENT C
RECORDKEEPING
A. Information to be maintained in the file for each client shall include, but not be limited to the following.
1) Client Intake Form (signed by the client and dated)
2) Copy of photo identification of client
3) Client Selection (Priority) Criteria Form
4) Copy of the Client signed and dated Compliant/Appeal Procedures Form
5) Copy of Social Security Cards (with only the last four digits showing)
6) Documentation of Income for all members of the household
7) Documentation of Ownership or Landlord Agreement (when applicable)
8) A copy of the completed Priority List Assessment and Testing (PLAT) forms
9) A copy of the fITst page of the National Energy Audit (NEAT) or the Manufactured Home Energy Audit
(MHE..A.) when replacing central HV AC units or if used for refrigerator replacement justification
10) Copy of the signed and dated Client/Agency Pre-Work Agreement Form
11) Copy of client utility bill for the month preceding work being performed
12) Building Work Report (BWR) (signed by the client and inspector and dated)
13) Invoices and payment vouchers
14) Copies of any required building permits
15) Copy of client utility bill for first full month after work has been completed
B. When the Itecipient W AP Coordinator has determined the weatherization activities to be performed on a home,
the measures to be addressed will be listed on a Client/Agency Pre-Work Order Agreement Form. The work to be
performed will then be discussed with the client, and both the client and the coordinator will sign and date the form.
Once this fomL is signed, work may commence and a copy of this form must be placed in the client file.
C. The Recipie:nt will be required to collect all Davis Bacon or Prevailing Wage compliance information from
contractors utillized under this agreement. Details of the information to be collected and the frequency of submitting
that information to the Department, will be provided in a State Weatherization Program Notice.
D. The Recipient will be required to collect additional DOE required information and data including, but not be
limited to the following:
· Jobs created using state contractors
· Jobs created at the local agency level
· Jobs created using local agency contractors
· Hours trained at the local agency
· Jobs retained with state contractors
· Jobs retained at the local agency level
· Jobs retained with local agency contractors
· Equipment purchases exceeding $5,000
26
ATTACHMENT D
REPORTS
A. Monthly rc~ports are due to the Department by the 15th of each month. The Recipient shall submit the Financial
Status Report (FSR) via the eGrants reporting system. In addition, the Recipient will fax to the Department a signed
copy of the FSR along with a Capacity Budget Cost Itemization (CBCI) form. The CBCI will support the charges
reported in tht~ Fee For Service category on the FSR.
B. Semi-Amlual Success and Leverage Reports are due to the Department on or before October 15 and April 15.
1) On the Success Reports, all subgrantees are to document and report the energy savings realized through
program services by recording the most recent utility bill prior to commencing weatherization work on at
least five clients' homes, and then contact those clients the first full billing month cycle after work is
completed to obtain the post-weatherization utility bill amount. Also, copies of any correspondence
received from clients should be included.
2) On the Leverage Reports, all subgrantees are to document all sources of leverage activities and include the
amount of funds utilized on all homes during the six month period. Donation of materials or volunteer
labor should also be included in this report.
C. Monthly Davis Bacon or Prevailing Wage compliance reports and supporting documentation will be due to the
Department - frequency and extent to be determined by the Department.
D. A Progress Report will be due to the Department (frequency to be determined by the Department) to include, at a
minimum, the following information:
· Jobs created using state licensed contractors
· Jobs created at the local agency level
· Jobs created using local agency contractors
· Hours trained at the local agency
· Jobs retained with state licensed contractors
· Jobs retained at the local agency level
· Jobs retained with local agency contractors
· Equipment purchases exceeding $5,000
E. Other ARRA/DOE Reports as needed.
Note: DOE or the Department will provide guidance regarding the calculation of jobs created and the methodology
for calculating energy savings.
F. The Close-out Report is due to the Department on or before March 15, 2011.
G. Failure to submit all required reports as outlined in Section A through F above by the required due dates may
result in the withholding of any pending or future payments until the reports are received. Reports and notices must
be submitted to:
Department of Community Affairs
Division of Housing and Community Development
Weatherization Assistance Program
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-2100
Fax: (850) 488-2488
H. The audit is due nine (9) 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.
I. Hand delivered reports must be date stamped in by Department staff. Each report form shall be signed by the
Recipient's designated agent.
J. Utilization of the eGrants reporting system is mandatory for all W AP subgrantees.
27
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
. . . J Uof\tee. ~
RECIPIENT: t-J..ol\.roe.. Co\AJ\*) t:>Q~d of Cb~ ~MA~<6\trf\..O.),.s/ ~qa Se..rV(ces
Indicate by checking one of the boxes below if you are requesting an advance. If an advance payme~t is
requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement i~~ subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not
exceed the e]:pected cash needs of the Recipient within the initial three months of the Agreement.
~ NO ADVANCE REQUESTED
o ADVANCE REQUESTED
No advance payment is requested. Payment will be
solely on a reimbursement basis. No additional
information is required.
Advance payment of $
is requested.
Balance of payments will be made on a reimbursement
basis. These funds are needed to pay staff, award
benefits to clients, duplicate forms and purchase start-up
supplies and equipment. We would not be able to
operate the program without this advance.
REQUEST FOR ADVANCE
o Recipient has circumstances that require an advance in the amount estimated and justified below.
ADVANCE CALCULATION
A. Honles expected to be completed in first three months of Agreement:
B. Line A times $6,500:
c. Equipment, training, audit and insurance expenses in first three months:
D. Subtotal of Lines Band C:
E. Administrative expenses, 5.25 percent of Line D:
F. Adv~lnce Requested (Total Lines B, C and E):
EXPIJANA TI<)N OF EXCEPTIONAL CIRClJMST ANCES (IF REQUESTONG MORE THAN LINE F):
Note: All a(ivance requests must provide written justification and a budget for the first three
months of ttLe Agreement.
28
ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
Financial Management
Recipient's financial management system must include the following:
(1) J\.ccurate, current and complete disclosure of the financial results of this proj ect 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,
outla ys, income and interest.
(3) I~ffective 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) C~omparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, fmancial information should be related to performance and unit cost data.
(5) VV'ritten 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) Clost accounting records that are supported by backup documentation.
Competition
All 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 noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations
for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the
Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that
the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or
offers may be rejected when it is in the Recipient's interest to do so.
29
ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or
administration. of a contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a
financial or other interest in the frrm selected for an award. The officers, employees, 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 Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular ~/ork for which they are hired by the Recipient.
30
ATTACHMENT G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, (name of subcontractor), certifies, by submission of this
docum.ent, 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)
Where the Contractor's subcontractor is unable to certify to the above statement, the prospective contractor
shall attach an explanation to this form. /"
/
/
/
/,r
/
(Rc;tfpient's Name)
/~
~ ./
rJ/A
~.,/
/
7/
/'
;7'
/
/
//
Date:
(Sub-Contractor's Name)
(Authorized Signature)
(Print Name and Title)
(type here)
(DCA Contract Number)
(Street Address)
(City, State, Zip)
31
ATTACHMENT H
STATEMENT OF ASSURANCES
The l~ecipient hereby certifies to the truth and accuracy of the following:
A. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action
authorizing the filing of the contract, including all understandings and assurances contained therein, and directing
and authorizing the Recipient's chief executive to act in connection with the agreement and to provide such
additional information as may be required.
B. Contractors' and subcontractors' licenses must comply with state and local laws, ordinances and regulations, and
shall be appropriate and adequate to cover each of the tasks being performed pursuant to this Agreement and any
subcontracts under this Agreement. The Recipient shall maintain copies of all contractor and subcontractor licenses
(current for tht~ 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 propt~rty damage which may arise from the performance of services under this Agreement.
D. Priority in selection of clients will be given to (1) the elderly, (2) persons with disabilities,
(3) households with children under twelve, (4) households with recurring high energy bills and (5) high energy
burden (Low-Income Home Energy Assistance Program referrals).
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 10% owner participation,
4. multi-family units (5 units or more per building), without owner participation in
cases where the landlord can document an inability to pay the required 10%.
F. To the maximum extent practicable, the use of services provided under this Agreement shall be coordinated with
other Federal, State, local, or privately funded programs in order to improve energy efficiency and to conserve
energy.
G. The Recipit~nt will permit attendance by the Department's representatives at any meetings of the Recipient's
Board of Directors, executive committee or legislative body.
H. The Recipient will permit on-site program evaluation by the Department of Energy, the Department's field
representative and by technical assistance groups assigned by the Department. The Recipient will also allow
inspection, verification, and audit of fmancial transactions and records by staff or agents of the Department, the
Comptroller's ()ffice, legislative or federal auditors, and Department of Energy personnel.
I. In order to ensure that no undue or excessive enhancement takes place on renter occupied units, the Recipient
shall require that the landlords of buildings with five or more units, or any combination of buildings with an
aggregate total of five units or more, that receive services under this contract will pay ten percent (10%) of the total
cost of the work performed. The landlord's participation may be waived or reduced if they can document in writing
that they cannot afford to participate. A written agreement between the Recipient and the landlord detailing the
landlord's comnritment and legal responsibilities will be executed after pre-inspection and work determination has
been completed and prior to work beginning on the unit and a copy of this agreement maintained in the client(s) file.
32
ATTACHMENT I
COUNTY ALLOCATIONS
The fmancial allocation specified for each county by program is designated to be spent in that county. For recipients
offunds designated for more than one county, in the event that circumstances will not allow the full expenditure of
any program funds allocated to a particular county, a request to expend any part of those funds in another county
must be submitted in writing to the Department. This request must justify the lack of need of program services in
that county. Funds may not be expended in another county without prior written approval of the Department.
COUNTY
ALLOCATION
$417,460.39
Monroe
33
ATTACHMENT J
SPECIAL CONDITIONS
The Recipient will be evaluated monthly in regard to meeting production goals provided in Attachment A,
Scope of Work, of this Agreement, submission of complete and accurate reports on time as indicated in Attachment
D of this Agreement, compliance with Weatherization Assistance Program (W AP) Procedures and Guidelines as
contained in the Florida W AP Manual, and additional procedures, guidelines and compliance requirements as
provided for the ARRA by DOE.
Any Recipient failing to meet monthly compliance of the requirements listed above may be placed on
probationary status. Subgrantees failing to demonstrate corrective actions that will rectify the issues necessitating
the probationary status within a two month period will be considered "at risk". Recipients at risk may be subject to
a funding reduction and/or the Department may proceed with the selection and designation of an additional or
replacement provider for part or all of the Recipient's service area.
Recipients remaining in good standing will be eligible for any additional funding available during the term of
this Agreement. Contingent upon the DOE Progress Review results, if additional funding is allocated to the ARRA
W AP, this Agreement may be extended for an additional time period.
All subgrantees may be required to provide the Department with notification of any bid postings for
weatherizing dwellings under the ARRA W AP agreement. The information will include the date of bid posting,
close date of accepting bids, and bid opening/award date. Also, the contact information for the individual
coordinating this activity for the subgrantee must be provided
Example of information to be submitted:
The (A!!encv name here) has posted on (Month.. dav.. year) a bid for (# of dwellin!!s)
number of units to receive weatherization work. Bids are to be submitted by COB on (Month.. dav.. year)
and will be opened and awarded on (Month.. dav.. year)
The bid opening for the above has been completed and (Contractor name here)
awarded the bid on (Month.. dav.. year)
has been
To find out how to qualify for participating in this bid process, interested state certified contractors
should contact (Aeencv Doint of contact) of the (Aeencv name here) at
(Dhone number) or by email at (email address here) for more information.
Clause A: DAVIS BACON ACT REQillREMENTS
A. Definitions: For purposes of these additional ARRA W AP Special Conditions / Davis Bacon Act Requirements
Clause A, Clause B, Contract Work Hours and Safety Standards Act, and Clause C, Recipient Functions, the
following definitions are applicable:
(1) Award means the Award by the Department of Energy (DOE) to a Recipient that includes a requirement
to comply with the labor standards clauses and wage rate requirements of the Davis-Bacon Act (DBA) for
work performed by all laborers and mechanics employed by Subrecipients, Contractors and subcontractors
on projects funded by or assisted in whole or in part by and through the Federal Government pursuant to
the Recovery Act.
34
ATTACHMENT J (continued)
SPECIAL CONDITIONS
(2) "Construction, alteration or repair" means all types of work done by laborers and mechanics employed
by the Subrecipient, construction contractor or construction subcontractor on a particular building or work
at the site thereof, including without limitation-
(a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated
off-site;
(b) Painting and decorating; or
( c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the
building or work.
(3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of
property and services for construction, alteration, and repair under a Sub award. For purposes of these
Clauses, a Contract shall include subcontracts and lower- tier subcontracts under the Contract.
(4) Contracting Officer means the DOE official authorized to execute awards on behalf of DOE and who is
responsible for the business management and non-program aspects of the financial assistance process.
(5) Contractor means an entity that enters into a Contract. For purposes of these Clauses, Contractor shall
include subcontractors and lower-tier subcontractors.
(6) Recipient means any entity other than an individual that receives Recovery Act funds in the form of a
grant directly from the Federal Government. The term includes the State that receives an A ward from DOE
and is financially accountable for the use of any DOE funds or property, and is legally responsible for
carrying out the terms and conditions of the program and A ward.
(7) "Site of the worR'-
(a) Means--
(i) The physical place or places where the construction called for in the Award,
Sub award, or Contract will remain when work on it is completed; and
(ii) Any other site where a significant portion of the building or work is constructed,
provided that such site is established specifically for the performance of the project;
(b) Except as provided in paragraph (c) of this definition, the site of the work includes any
fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc.,
provided-
(1) They are dedicated exclusively, or nearly so, to performance of the project; and
(2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphs
(7)(a)(i) or (7)(a)(ii) of this definition; and
( c) Does not include permanent home offices, branch plant establishments, fabrication plants, or
tool yards of a Contractor or subcontractor whose locations and continuance in operation are
determined wholly without regard to a particular contract or Federal Award or project. In addition,
fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or
material supplier which are established by a supplier of materials for the project before opening of
bids and not on the project site as defmed in paragraphs
35
ATTACHMENT J (continued)
SPECIAL CONDITIONS
(7)(a)(i) or (7)(a)(ii) of this definition, are not included in the "site of the work." Such permanent,
previously established facilities are not a part of the "site of the work" even if the operations for a
period of time may be dedicated exclusively or nearly so, to the performance of an A ward,
Sub award, or Contract.
(8) Subaward means an award of financial assistance in the form of money, or property in lieu of money,
made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower- tier
subrecipient. The term includes financial assistance when provided by any legal agreement, even if the
agreement is called a contract, but does not include the Recipient's procurement of goods and services to
carry out the program nor does it include any form of assistance which is excluded from the defmition of
"A ward" above. .
(9) Subrecipient means a non-Federal entity that expends Federal awards received from a pass-through
entity [Recipient] to carry out a Federal program, but does not include an individual that is a beneficiary of
such a program. The term includes a Community Action Agency (CAA), local agency, or other entity to
which a Sub award under the A ward is made by a Recipient that includes a requirement to comply with the
labor standards clauses and wage rate requirements of the DBA work performed by all laborers and
mechanics employed by contractors and subcontractors on projects funded by or assisted in whole or in part
by and through the Federal Government pursuant of the Recovery Act.
B. Davis-Bacon Act
(l)(a) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in the wage
determination of the Secretary of Labor which is attached to the Subaward or Contract and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the Recipient, a
Subrecipient, or Contractor and such laborers and mechanics.
(i) Applicable to Recipient Only: Prior to the issuance of the Sub award or Contract, the Recipient
shall notify the Contracting Officer of the site of the work in order for the appropriate wage
determination to be obtained by the Contracting Officer from the Secretary of Labor.
(ii) If the Subaward or Contract is or has been issued without a wage determination, the Recipient
shall notify the Contracting Officer immediately of the site of the work under the Subaward or
Contract in order for the appropriate wage determination to be obtained by the Contracting Officer
from the Secretary of Labor.
(b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of
the DBA on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics,
subject to the provisions of paragraph B( 4) below; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover
the particular weekly period, are deemed to be constructively made or incurred during such period.
36
ATTACHMENT J (continued)
SPECIAL CONDITIONS
( c) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in
the wage determination for the classification of work actually performed, without regard to skill, except as
provided in the paragraph entitled Apprentices and Trainees. Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for the time
actually worked therein; provided that the employer's payroll records accurately set forth the time spent in
each classification in which work is performed.
(d) The wage determination (including any additional classifications and wage rates conformed under
paragraph B(2) of this Clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the
Subrecipient and Contractor at the site of the work in a prominent and accessible place where it can be
easily seen by the workers.
(2)(a) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the Subaward or Contract shall be classified in
conformance with the wage determination. The Contracting Officer shall approve an additional
classification and wage rate and fringe benefits therefore only when all the following criteria have been
met:
(i) The work to be performed by the classification requested is not performed by a classification in
the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be employed in
the classification (ifknown), or their representatives agree on the classification and wage rate (including
the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient.
The Recipient shall notify the Contracting Officer of this agreement. If the Contracting Officer agrees with
the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a
report of the action taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the Contracting Officer or will notify the
Contracting Officer within the 30-day period that additional time is necessary.
( c) In the event the Subrecipient (and Contractor, when applicable), and the laborers or mechanics to be
employed in the classification, or their representatives, do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the Subrecipient shall
notify the Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The
Contracting Officer shall refer the questions, including the views of all interested parties and the
recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for
determination. The Administrator, or an authorized representative, will issue a determination within 30
days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-
day period that additional time is necessary.
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ATTACHMENT J (continued)
SPECIAL CONDITIONS
(d) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs
B(2)(b) or B(2)(c) of this Clause shall be paid to all workers performing work in the classification under the
A ward, Subaward, or Contract from the fITst day on which work is performed in the classification.
(3) Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Subrecipient
and Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona
fide fringe benefit or an hourly cash equivalent thereof.
(4) If the Subrecipient or Contractor does not make payments to a trustee or other third person, the
Subrecipient or Contractor may consider as part of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that
the Secretary of Labor has found, upon the written request of the Subrecipient or Contractor that the
applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
Subrecipient or Contractor to set aside in a separate account assets for the meeting of obligations under the
plan or program.
c. Rates of Wages
(1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved in
performance of work at the project site, as determined by the Secretary of Labor to be prevailing for the
corresponding classes of laborers and mechanics employed on projects of a character similar to the contract
work in the pertinent locality, are included as an attachment to the A ward, Sub award, or Contract.
(2) If the Sub award or Contract has been issued without a wage determination, the Recipient shall notify
the Contracting Officer immediately of the site of the work under the Sub award or Contract in order for the
appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor.
D. Payrolls and Basic Records
( 1) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and
Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (4)
of the provision entitled Davis-Bacon Act, that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan or program described in section
l(b)(2)(B) of the Davis-Bacon Act, the Subrecipient or Contractor shall maintain records which show that
the commitment to provide such benefits is enforceable, that the plan or program is fmancially responsible,
and that the plan or program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such benefits. The
Subrecipient or Contractor employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
38
ATTACHMENT J (continued)
SPECIAL CONDITIONS
(2)(a) The Contractor shall submit weekly for each week in which any Contract work is performed a copy
of all payrolls to the Subrecipient. The Subrecipient shall submit weekly for each week in which any
Subaward or Contract work is performed a copy of all payrolls to the Recipient. The Recipient shall submit
weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the
Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information
required to be maintained under paragraph D(l) of this Clause, except that the full social security numbers
and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to
include an individually identifying number for each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
http://www.do1.gov/esa/whd/forms/wh347instr.htm or its successor site.
(b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of
payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this Clause. The
Subrecipient is responsible for ensuring all Contractors; including lower tier subcontractors submit copies
of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this clause.
Subrecipients and Contractors shall maintain the full social security number and current address of each
covered worker, and shall provide them upon request for transmission to the Contracting Officer, the
Recipient, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or
audit of compliance with prevailing wage requirements. The Recipient shall also obtain and provide the full
social security number and current address of each covered worker upon request by the Contracting Officer
or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section for a Recipient to require
a Subrecipient or Contractor to provide addresses and social security numbers to the Recipient for its own
records, without weekly submission to the Contracting Officer.
(c) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Recipient,
Subrecipient or Contractor or his or her agent-who pays or supervises the payment of the persons employed
under the Subaward or Contract and shall certify --
(i) That the payroll for the payroll period contains the information required to be maintained under
paragraph D(2)(a) of this Clause, the appropriate information is being maintained under paragraph
D( 1) of this Clause, and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on
the Subaward or Contract during the payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no deductions have been made either directly
or indirectly from the full wages earned, other than permissible deductions as set forth in the
Regulations, 29 CFR Part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the Subaward or Contract.
(d) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by
paragraph D(2)(c) of this Clause.
(e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause
may subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution under Section 1001
of Title 18 and Section 3729 of Title 31 of the United States Code.
39
ATTACHMENT J (continued)
SPECIAL CONDITIONS
(3) The Recipient, Subrecipient, or Contractor shall make the records required under paragraph D(I) of this
Clause available for inspection, copying, or transcription by the Contracting Officer, authorized
representatives of the Contracting Officer, or the Department of Labor. The Subrecipient or Contractor
shall permit the Contracting Officer, authorized representatives of the Contracting Officer or the
Department of Labor to interview employees during working hours on the job. If the Recipient,
Subrecipient, or Contractor fails to submit the required records or to make them available, the Contracting
Officer may, after written notice to the Recipient, Subrecipient, or Contractor take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
E. Withholding of Funds
(1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an
authorized representative of the Department of Labor, withhold or cause to be withheld from the Recipient
or any other contract or Federal Award with the same Recipient, on this or any other federally assisted
Award subject to Davis-Bacon prevailing wage requirements, which is held by the same Recipient so much
of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the Subrecipient or a Contractor the full amount
of wages required by the A ward or Subaward or a Contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or
part of the wages required by the Award or Subaward or a Contract, the Contracting Officer may, after
written notice to the Recipient take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an
authorized representative of the Department of Labor, withhold or cause to be withheld from any
Subrecipient or Contractor so much of the accrued payments or advances as may be considered necessary
to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient
or Contractor the full amount of wages required by the Subaward or Contract. In the event of failure to pay
any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of
the work, all or part of the wages required by the Sub award or Contract, the Recipient may, after written
notice to the Subrecipient or Contractor, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds until such violations have ceased or the Government
may cause the suspension of any further payment under any other contract or Federal award with the same
Subrecipient or Contractor, on any other federally assisted Award subject to Davis-Bacon prevailing wage
requirements, which is held by the same Subrecipient or Contractor.
F. Apprentices and Trainees
(1) Apprentices.
( a) An apprentice will be permitted to work at less than the predetermined rate for the work they
performed when they are employed-
(i) Pursuant to and individually registered in a bona fide apprenticeship program
registered with the u.s. Department of Labor, Employment and Training Administration,
Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with
a State Apprenticeship Agency recognized by the OA TELS; or
40
ATTACHMENT J (continued)
SPECIAL CONDITIONS
(ii) In the fust 90 days of probationary employment as an apprentice in such an
apprenticeship program, even though not individually registered in the program, if
certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice.
(b) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the Subrecipient or Contractor as to the entire work force under the
registered program.
( c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed
as stated in paragraph F( 1) of this Clause, shall be paid not less than the applicable wage determination for
the classification of work actually performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed.
(d) Where a Subrecipient or Contractor is performing construction on a project in a locality other than that
in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the Subrecipient's or Contractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination.
( e) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
(f) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval
of an apprenticeship program, the Subrecipient or Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(2) Trainees.
(a) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant to and individually registered in a program
which has received prior approval, evidenced by formal certification by (OATELS). The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by OA TELS.
(b) Every trainee must be paid at not less than the rate specified in the approved program for the trainee's
level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship/training program associated with the corresponding journeyman
wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not registered and participating in a training plan
approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for
the classification of work actually performed. In addition, any trainee performing work on the job site in
41
ATTACHMENT J (continued)
SPECIAL CONDITIONS
excess of the ratio permitted under the registered program shall be paid not less than the applicable wage
rate in the wage determination for the work actually performed.
( c) In the event OA TELS withdraws approval of a training program, the Subrecipient or Contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this
Clause shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended and 29 CFR Part 30.
G. Compliance with Copeland Act Requirements
The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which are hereby
incorporated by reference in the Award, Subaward or Contract.
H. Subawards and Contracts
(1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this Clause
entitled "Davis Bacon Act Requirements" and such other clauses as the Contracting Officer may require.
The Recipient shall be responsible for ensuring compliance by any Subrecipient or Contractor with all of
the requirements contained in this Clause. The Subrecipient shall be responsible for the compliance by
Contractor with all of the requirements contained in this Clause.
(2) Within 14 days after issuance ofa Subaward, the Recipient shall deliver to the Contracting Officer a
completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Sub award and Contract for
construction within the United States, including the Subrecipient's and Contractor's signed and dated
acknowledgment that this Clause) has been included in the Sub award and any Contracts. The SF 1413 is
available from the Contracting Officer or at
http:// contacts.gsa.gov/webforms.nsf/0/70B4872D 16EE95A 78525 6A26004 F7EA8/$file/sf1413 _ e. pdf .
Within 14 days after issuance of a Contract or lower- tier subcontract, the Subrecipient shall deliver to the
Recipient a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Contract and
lower-tier subcontract for construction within the United States, including the Contractor and lower- tier
subcontractor's signed and dated acknowledgment that this Clause has been included in any Contract and
lower- tier subcontracts. SF 1413 is available from the Contracting Officer or at
http:// contacts.gsa.gov/webforms.nsf/0/70B4872D 16EE95A 78525 6A26004 F7EA8/$file/sf1413 _ e. pdf. The
Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms (SF)
1413.
L Contract Termination -- Debarment
A breach of these provisions may be grounds for termination of the A ward, Sub award, or Contract and for
debarment as a Contractor or subcontractor as provided in 29 CFR 5.12.
J. Compliance with Davis-Bacon and Related Act Regulations
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are
hereby incorporated by reference in the Award, Subaward or Contract.
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ATTACHMENT J (continued)
SPECIAL CONDITIONS
K. Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes
concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and
shall not be subject to any other dispute provision that may be contained in the Award, Sub award, and Contract.
Disputes within the meaning of this Clause include disputes between the Recipient, Subrecipient (including any
Contractor) and the Department of Energy, the U.S. Department of Labor, or the employees or their representatives.
L. Certification of Eligibility.
(1) By entering into this A ward, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or Contractor,
respectively certifies that neither it (nor he or she) nor any person or frrm who has an interest in the Recipient,
Subrecipient, or Contractor's fIrm, is a person, entity, or fIrm ineligible to be awarded Government contracts or
Government awards by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(I).
(2) No part of this A ward, Sub award or Contract shall be subcontracted to any person or frrm ineligible for award of
a Government contract or Government award by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(I).
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
M. Approval of Wage Rates
All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work under an
A ward, Sub award or Contract must be submitted for approval in writing by the head of the federal contracting
activity or a representative expressly designated for this purpose, if the straight time wages exceed the rates for
corresponding classifications contained in the applicable Davis-Bacon Act minimum wage determination included
in the A ward, Subaward or Contract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic
in excess of the agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be
reimbursed by the Recipient or Subrecipient. If the Government refuses to authorize the use of the overtime, the
Subrecipient or Contractor is not released from the obligation to pay employees at the required overtime rates for
any overtime actually worked.
Clause B: CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
This Clause entitled "Contract Work Hours and Safety Standards Act (CWHSSA)" shall apply to any Subaward or
Contract in an amount in excess of$100,000. As used in this CWHSSA Clause, the terms laborers and mechanics
include watchmen and guards.
A. Overtime requirements. No Subrecipient or Contractor contracting for any part of the Subaward work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than
one and one-halftimes the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph B herein, the Subrecipient or Contractor responsible therefore shall be liable for the
unpaid wages. In addition, such Subrecipient or Contractor shall be liable to the United States (in the case
of work done under a Subaward or Contract for the District of Columbia or a territory, to such District or to
such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the provision set
43
ATTACHMENT J (continued)
SPECIAL CONDITIONS
forth in CWSSHA paragraph A, in the sum of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (A) of this section.
C. Withholding for unpaid wages and liquidated damages.
(1) The DOE Contracting Officer shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the Recipient on this or any other Federal
Award or Federal contract with the same Recipient on any other federally-assisted Award or
contract subject to the CWHSSA, which is held by the same Recipient such sums as may be
determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages and
liquidated damages as provided in the clause set forth in CWHSSA, paragraph B of this Clause.
(2) The Recipient shall, upon its own action or upon written request of the DOE Contracting
Officer or an authorized representative of the Department of Labor, withhold or cause from any
moneys payable on account of work performed by the Subrecipient or Contractor on this or any
other federally assisted sub award or contract subject to the CWHSSA, which is held by the same
Subrecipient or Contractor such sums as may be determined to be necessary to satisfy any
liabilities of such Subrecipient or Contractor for unpaid wages and liquidated damages as provided
in clause set forth in CWHSSA, paragraph B of this Clause.
D. Subcontracts. The Subrecipient shall insert in a Contract and a Contractor shall insert in any lower tier
subcontracts, the clauses set forth in these CWHSSA paragraphs (A) through (D) and also a provision requiring the
Contractors to include this CWHSSA Clause in any lower tier subcontracts. The Recipient shall be responsible for
compliance by any Subrecipient or Contractor, with the CWHSSA paragraphs A through D. The Subrecipient shall
be responsible for compliance by any Contractor (including lower- tier subcontractors).
E. The Subrecipient or Contractor shall maintain payrolls and basic payrolls in accordance with Clause XX, Davis-
Bacon Act Requirements, for all laborers and mechanics, including guards and watchmen working on the Sub award
or Contracts. These records are subject to the requirements set forth in Clause XX, Davis Bacon Requirements.
Clause C: RECIPIENT FUNCTIONS
(1) On behalf of the Department of Energy (DOE), Recipient shall perform the following functions:
(a) Obtain, maintain, and monitor all DBA certified payroll records submitted by the Subrecipients
and Contractors at any tier under this A ward;
(b) Review all DBA certified payroll records for compliance with DBA requirements, including
applicable DOL wage determinations;
(c) Notify DOE of any non-compliance with DBA requirements by Subrecipients or Contractors at
any tier, including any non-compliances identified as the result of reviews performed pursuant to
paragraph (b) above;
(d) Address any Subrecipient and any Contractor DBA non-compliance issues; if DBA non-
compliance issues cannot be resolved in a timely manner, forward complaints, summary of
investigations and all relevant information to DOE;
(e) Provide DOE with detailed information regarding the resolution of any DBA non-compliance
issues;
44
ATTACHMENT J (continued)
SPECIAL CONDITIONS
(f) Perform services in support of DOE investigations of complaints filed regarding
noncompliance by Subrecipients and Contractors with DBA requirements;
(g) Perform audit services as necessary to ensure compliance by Subrecipients and Contractors
with DBA requirements and as requested by the Contracting Officer; and
(h) Provide copies of all records upon request by DOE or DOL in a timely manner.
(2) All records maintained on behalf of the DOE in accorda~ce with paragraph (1) above are federal
government (DOE) owned records. DOE or an authorized representative shall be granted access to the
records at all times.
(3) In the event of, and in response to any Freedom of Information Act, 5 V.S.C. 552, requests submitted to
DOE, Recipient shall provide such records to DOE within 5 business days of receipt of a request from
DOE.
Davis Bacon Revised/Final Wage Determination - 2/22/2010
45
Request For 'NIat DDmNtion And
RIIpan.. To Request
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46
S2009-FL-OO I
Issue Date: 12/11/2009
Exp. Date: 03/05/20 10
FLORIDA RESIDENTIAL WEATHERIZATION W AGE DETERMIN.~ TION
This project wage determination is issued in response to a request from the Department of Energy (DOE) for prevailing wage rates specific to
weatherization of residential structures as those structures are defined in the All Agency Memorandum 130 and 131. This wage detennination has
application only to weatherization construction projects on existing residential structures as described in the SF 308 submitted by DOE. The primary
purpose of the project for which this wage determination is being issued is weatherization and is not for the renovation, repair, or new construction of
residential structures. All other types of residential construction projects are subject to the published general residential wage determinations for the
State of Florida found on www. wdol.gov.
General weatherization work for pwposes of this wage determination is defined as minor repairs, batt insulation, blown insulation, window and door
repair, and weather stripping, solar film installation, air sealing, caulking, minor or incidental structural repairs, duct sealing, air sealing, installation of
light bulbs, and installation of smoke detectors. In Florida, the Department's recent survey determined as a matter of prevailing practice that these
duties are perfonned by a weatherization worker classification.
Additionally, specialty weatherization work is defined as the (1) replacement of doors and windows; (2) installation and repair of furnace/cooling
(HV AC) systems and all associated work involved with the installation of the HV AC system including electrical, pipe, and duct work. In Florida, the
Department's recent survey determined that the duties described by (1) above are performed by a Window and Door Replacement Worker, and by (2)
above are perfonned by an HV AC worker.
V' , payment data submitted for the State of Florida included wage data information for a weatherization crew chief classification. This
Chlo}slfication of worker is essentially a working foreman who performs the same tasks as the weatherization worker, but who is responsible for
supervision, job oversight, forms completion, work assignments, and quality assurance. The additional duties are not "laborer or mechanic" work as
defined by the Davis-Bacon and related Acts regulations, but are more supervisory in nature. The Department issues various classifications of workers
when the duties are defined and distinct from all other classifications of workers on the wage determination. The "laborer or mechanic" duties of the
crew chief are not sufficiently distinct to warrant the issuance of a separate classification on the wage determination. Moreover, the Department does
not issue separate wage determinations based on a worker's skill, experience or individual training. Therefore, the weatherization crew chief is not
listed as a separate classification of worker. The weatherization crew chief must be classified as a weatherization worker and paid at least the
applicable wage determination rate of the weatherization worker when performing weatherization work. There is no restriction however to paying the
weatherization crew chief more than the weatherization worker wage rate listed on the wage determination.
The rates listed on this wage determination are the minimum rates that may be paid the listed classification for the work performed. Wage rates are
based strictly on work performed and are not based on the employee's level of experience, seniority, ability, etc. There are no levels of rates for this
work. Workers performing the work described are due at least the minimum rates listed.
47
S2009-FL-OO 1
Issue Date: 12/11/2009
Exp. Date: 03/05/2010
The following is a key to the chart below. Each county in the state is listed in alphabetical order on the far left side of the chart. There are two main
columns separated by a bold line with the left column labeled Weatherization Survev Ware Determination and the right column labeled Existin!!
Residential Wale Determination.
The three classifications listed under the Weatherization Survey Wage Determination column are the classifications and rates detennined to be
prevailing for weatherization work and are based on wage data submitted in response to the weatherization survey. Weatherization work, as well as
the specific duties that may be performed by these three classifications, is defined on this project decision. The rate information under each
classification is the basic hourly rate and fringe benefit (if fringe benefits were found to be prevailing). If there is no wage rate or fringe benefit listed
under the classification column, usually the HV AC Worker, then there was no data or insufficient data from which to establish a rate andlor fringe
benefit for that classification. If the work performed by that classification is needed for the project, then an additional classification request
(conformance) must be made. NOTE: Classifications and rates listed under the Existing Residential Wage Determination Column may not be used
for unlisted cla~sifjcationslwork in the Weatherization Survey Wage Determination column. See below for the procedure for requesting additional
classifications and the fonn to request these classifications.
The classifications listed under the Existing Residential Wage Determination column are those classifications and rates currently publi~hed as
prevai ling on the residential general wage determinations. These wage determinations may be found at www . wdol . ~OV. The classifications and rates
listed under the Existing Residential Wage Determination column may be used on weatherization projects only in those situations where the work is
different than that described for the three classifications listed under the Weatherization Survey Column. For example, when an electrician is
needed to perform electrical work not associated with the installation, repair, or overhaul of furnace or cooling equipment, then the existing electricia!
cl"-~ification and rate listed under this column may be used for that work. The rate information under each classification is the basic hourly rate and ~
h...Qc benefit (if fringe benefits were found to be prevailing). If there is no wage rate or fringe benefit listed under the classification column, then
there was no data or insufficient data from which to establish a rate andlor fringe benefit for that classification. If that unlisted classification is neede(
for the project, then a request for an additional classification (conformance) should be made. See below for the procedure for requesting additional
classifications and the form to request these classifications.
Any unlisted classifications and rates (conformances) needed for work not listed on the chart below may be added after award only as provided in the
labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The procedure for requesting approval of an unlisted classification and rate (conformance) ,
well as a "pdf' copy of the fonn (SF Form 1444) may be found at http://www.dol.gov/esalwhdlrecovery/. The SF Fonn 1444 may be sent to the
Department electronically, by facsimile, or by mail. Electronic submissions should be sent to 09WeatherizationSurvey@dol.20V. Facsimile
submissions should be sent to (202) 693-1432. Mailed forms should be sent to the address listed in Block 1 of the SF Form 1444. Any SF Form 144
submitted for weatherization projects should be marked as being for weatherization projects and the project decision being used for the project should
also be submitted with the SF Form 1444.
48
S2009-FL-OOl
Issue Date: 12/11/2009
E D 03/05/2010
xp. ate:
Weatherization Survey Wage Determination Existing Residential Wage Determination
(S2009-FL-Q01 ) (www.wdol.gov)
Carpenter Plumber
(Excludes work
(Excludes Door & Electrician associated wnh
Doors & HV AC, Furnace, Heating & Window (Excludes electrical work HV AC installation,
Counties Weatherization Windows Cooling Repair, Installation, Replacement, and associated with HVAC repair or overhaul
Worker Replacement Replacement Worker work listed as installation, overhaul, and and work listed as
Worker performed by work listed as performed
weatherization by weatherization worker) performed by
weatherization
worker worker)
Alach ua $14.00 $14.00 $20.00 $12.15 $11.47 $11.61
Baker $14.00 $14.00 $20.00 $20.00 $11. 79 $26.19+9.55
Bay $20.00 $20.00 17.94+2.58 $12.00 $10.46 $13.53
Bradford $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
Brevard $17.73 $17.73 $21.07 $13.46+0.54 $12.66 $13.54
Broward $12.00+4.17 $15.00+4.54 $28.00+4.31 $21.17 +0.86 $27.46+ 12.5%+5.00 $25.00+ 1.17
~alhoun $10.00 $14.57 $17.94+2.58 $11.90 $1 0.89 $13.00
Charlotte $16.00 $16.00 $21.00 $13.66+2.67 $13.15 $13.45
Citrus $10.00+0.27 $10.00+0.27 $17.94+2.58 $11. 05 $10.82 $13.00
Clay $14.00 $14.00 $20.00 $14.14 $11. 79 $26.19+9.55
Collier $16.00 $16.00 $21.00 $13.66+2.67 $13.15 $13.45
Columbia $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
De Soto $13.00 $13.00 $17.94+2.58 $15.83 $10.80 $13.23
Dixie $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
49
S2009~FL-OOl
Issue Date: 12/11/2009
Exp. Date: 03/05/2010
.. .........-'....-....,....-...................................... ,..'....._.~........'.......................,... ..... .........-..-.............. .-.................... .... ............,. ....,....-.---....-.... .......-............,.....................- -- ..... . .
Weatherization Survey Wage Determination existing Residential Wage Determination
(S2009-FL-G01 ) (www.wdol.gov)
Doors & HV AC, Furnace, Heating &
Weatherization Windows Carpenter* Electrician* Plumber*
Counties Worbr Replacement Cooling Repair, Installation, (See Page 3) (See Page 3) (See Page 3)
Worker Replacement Worker
I Duval $16.69+3.25 $19.92+3.37 $20.00 $14.63 $12.49 $26.19+9.55
Escambia $20.00 $20.00 $17.94+2.58 $12.95 $13.70 $13.24
Flagler $13.00 $13.00 $17.94+2.58 $13.93 $10.89 $13.00
Franklin $14.00 $14.00 $17.94+2.58 $1 1.90 $10.89 $13.00
Gadsden $20.00 $20.00 $17.94+2.58 $13.53 $11.54 $13.53
Gilchrist $14.00 $14.00 $20.00 $12.15 $11. 47 $11.61
Glades $13.00 $13.00 $17.94+2.58 $15.83 $10.80 $13.23
Gulf $14.00 $14.00 $17.94+2.58 $11.90 $10.89 $13.00
Hamilton $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00 r
Hardee $13.00 $13.00 $17.94+2.58 $15.83 $10.80 $13.23
Hendry $13.00 $13.00 $17.94+2.58 $15.83 $10.80 $13.23
Hernando $10.00+0.27 $1 0.00+0.27 $12.00+0.65 $12.97+ 1.97 $11.98 $12.97
H~hlands $13.00 $13.00 $17.94+2.58 $15.83 $10.80 $13.23
H illsborough $12.00 $18.00 $21.00 $15.00 $12.54 $12.37
Holmes $10.00 $14.57 $17.94+2.58 $11.90 $10.89 $13.00
Indian River $12.00+4.17 $15.00+4.54 $21.07 $15.00 $12.23 $14.04
Jackson $10.00 $14.57 $17.94+2.58 $11.90 $10.89 $13.00
!
I
Jefferson $14.00 $14.00 $17.94+2.58 $13.53 I $11.54 $13.53
50
S2009-FL-OO 1
Issue Date: 12/11/2009
Exp. Date: 03/05/2010
.....................-.............-....-........-.......................... ...'..-.----.-............................-..-.............-....,...............~..__......"._---_........ ...-.........,.,...... ...............................-.-...................". .'...l......._.............,,'.........~....._.._.,',.... . .. -...........-'....-....-...............,-..........--... ......'...................-...-................,. .'.....----.-.... "..........---..... ...." ......,. ....-......--......--.""........ '.-..--.-.,. -,. . -, -..---. ..
Weatherization Survey Wage Determination Existing Residential Wage Determination
(S2OO9-FL-G01 ) (www.wdol.gov) .
Doors! HV AC, Furnace, Heating &
Weatherization Windows Carpentert Electrici..* Plumber*
Counties Worker Replacement Cooling Repair, Installation, (See Page 3) (See Page 3) (See Page 3)
Worker Replacement Worker
Lafayette $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
Lake $15.00+ 1.30 $15.00+ 1.30 $20.00 $11.96 $11.98 $15.04
Lee $16.00 $16.00 $21.00 $14.09 $14.75 $1425 I
i
Leon $14.00 $14.00 $17.94+2.58 $13.53 $11.54 $13.53
Levy $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
Uberty $14.00 $14.00 $17.94+2.58 $11.90 $10.89 $13.00
Madison $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
Manatee $16.00 $16.00 $21.00 $15.00 $13.15 $13.15
Marion $14.00 $14.00 $20.00 $12.86 $11.47 $26.19+9.55
Martin $12.00+4.17 $15.00+4.54 $28.00+4.31 $14.89 $27.46+ 12.50/0+5.00 $25.00+ 1.17
Miami-Dade $12.95 $23.67 +9.39 $28.00+4.31 $12.51 $28.61 +8.60 $25.00+ 1.17
$26.15+8.33
tOver $2M
** Under $2M
Monroe $13.00 $13.00 $17.94+2.58 $15.83 $10.80 $13.23
Nassau $16.69+3.25 $19.92+3.37 $20.00 $14.14 $11.79 $26.19+9.55
I
Okaloosa $20.00 $20.00 $17.94+2.58 $13.53 $11.54 $13.53
Okeechobee $1 3.00 $13.00 $17,94+2.58 $15.83 $10.80 $13.23
Orange $11.00 $11.00 $20.00 $11.85+3.29 $11.98 $15.04
Osceola $12.81 + 1.49 $14.00 $14.00+0.27 $11.96+2.94 $11.98 $15.04
51
S2009-FL-OOl
Issue Date: 1 '}j 11/2009
EDt 03/05/2010
xp. a e:
Weatherization Survey Wage Determination Existing Residential Wage Determination
(S2009-FL-GOl ) (www,wdol.gov)
Doors & HV AC, Furnace, Heating &
WutherlzatJon Windows Carpenter. Electrician * Plumber.
Counties Worker Replacement Cooling Repair, Installation, (See Page 3) (See Page 3) (See Page 3)
Worker Replacement Worker
Palm Beach $12.00+4.17 $15.00+4.54 $28.00+4.31 $14.45 $27.46+ 12.5%+5.00 $25.00+ 1.17
Pasco $10.00+027 $10.00+027 $12.00+0.65 $12.16 $11.98 $12.97
Pinellas $12.00 $18.00 $21.00 $11.67 +2.25 $11.98 $12.97
Polk $12.00 $18.00 $20.00 $11.37 $12.66 $13.22
Putnam $13.00 $13.00 $17.94+2.58 $13.29 $10.89 $13.00
Saint Johns $15.20+3.05 $16.25+3.02 $16.00+0.48 $12.17 $11.79 $14.80
Saint Lucie $12.00+4.17 $15.00+4.54 $28.00+4.31 $14.89 $27.46+ 12.5%+5.00 $25.00+ 1.17
Santa Rosa $20.00 $20.00 $17.94+2.58 $12.95 $13.70 $13.24
Sarasota $16.00 $16.00 $21. 00 $16.10 $13.15 $12.43
Seminole $11.60 $20.00 $20.00 $12.09+2.95 $11.98 $15.04
I
umter $10.00+0.27 $10.00+027 $17.94+2.58 $11. 90 $10.89 $13.00
Suwanne $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
Taylor $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
Union $13.00 $13.00 $17.94+2.58 $11.90 $10.89 $13.00
Vol usia $15.00+0.29 $15.00+0.29 $21.07 $12.97 $12.66 $11.37
Wakulla $14.00 $14.00 $17.94+2.58 $13.53 $11.54 $13.53
Wa~on $10.00 $14.57 $17.94+2.58 $11. 90 $10.89 $13.00
Washington $10.00 $14.57 $17.94+2.58 $11.90 $10.89 $13.00
52
A TT ACHMENT K
RECIPIENT INFORMATION FORM
Please complete all information applicable to your organization.
1. Recipient's full legal name: Mot..( (<De CC>~
Mf)r'\roe CvLlfl+j ]00(4 Df CoLtflty CnmMis'5ilrt\efs./ SOq~( 5ervLc.es
2. The warrant will be mailed to the Recipient's address unless otherwise indicated:
Monroe.. u>v..rH-1 Clerk. of +ke. Cov-.f-t j 500 lJhi+eh~d 'S~;
City J~y- Nest---rB- Zip Code: 330110
Telephone: 305""- ~92... - 355D FAX Number: 305 -d..~5- 3060
3. Street Address (if different from above):
5~~
4. Chief Elected Official:
~/ia M.LO-phr (TItle) MAYOf.....
E-mail address: hoc-cd is .5 @, MDV\roec.OU.n+v-R.FAX Number: 30:2 - t.{ 5 3 - 8189
- I ().oV
5. Executive Director: J
Sh&)l'...l qrahQ)yy) ~\O\\ &v Lees ']Artc-mr
~ (Title)
E-mailaddress:~-s~ ri- t\.\o~rDerl)fttF~Number: 505 -;;)45 -1359
6. W AP Coordinator: ~
~ \ qtoh~ Qr t--tar b\e. STe.ckle..~ 5C>G'l~ <Serv\.ces D, reL-re-r
(Name) (Titl - agency designation)
Telephone: :!J:J5 -~'1~-LfS J 0 FAX Number: 30 S - ~9 5 -4059
E-mail address::~r~-sh9\~~oC\rc-e.CO\.U\:-J - ~\f
~\e.Al- M~ L~ @ M.f)1'\rer€ CO\.l.-r--.-hJ~
7. Finance DIrector: ( ~ l G
-;P~n(\y 1<oh\~ C1efC-1L ot ~ CmA.Rt-
(~ame (Title)
E-mailaddress:~hl~ t!. ~~ ~-FAXNumber: 3bS - ~C}5 - 3(:,CoO
PI-err
53