09/21/2011 AgreementDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: September 27, 2011
TO: Sheryl Graham, Director
Social Services Department
ATTN: Kim Wilkes Wean
Senior Grants Manager
FROM: Pamela G. Hancoa.C.
At the September 21, 2011, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C 15 Weatherization Assistance -Low Income Home
Energy Assistance Program, Sub -grant Agreement (WAP-LIEHEAP), Contract #
12LH-9Z-11-54-01-039 between Monroe County Board of County Commissioners (Community
Services/Social Services) and the State of Florida, Department Community Affairs for the
provision of funds to reduce the monthly energy burden on low-income households by improving
the energy efficiency of the home and to supplement the existing Weatherization Assistance
Program funding.
Enclosed is a fully executed duplicate original for your handling. Should you have any
questions, please do not hesitate to contact our office.
cc: County Attorney electronic copy
Finance
File
I &
WAR - LIHEAP
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Contract Number: 12LH- 9Z- 11 -54 -01 -039
FEDERALLY - FUNDED 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 County Board of
County Commissioners, 1100 Simonton St. Suite 2 -257, Key West. F133040 (hereinafter referred to as the
"Recipient ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Department has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Department and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of
this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient 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 Agreement shall begin upon execution by both parties, and shall end August 5, 2012, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION 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 OMB
Circular No. A -102, "Common Rule: Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A -110, "Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State, Local and Indian
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Tribal Governments," OMB Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No.
A -122, "Cost Principles for Non - profit Organizations."
(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 final disposition.
3. Records relating to real property acquired shall be retained for five years after the closing on
the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants
to be paid from funds provided under this Agreement, including documentation of all program costs, in a form
sufficient to determine compliance with the 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) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance with
generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement.
(b) These records shall be available at 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 financial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non - profit organization as defined in OMB
Circular A -133, as revised, and in the event that the Recipient expends $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
of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through
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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
OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with
the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill
the requirements for auditee responsibilities as provided in Subpart C of OMB 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 of OMB 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 of OMB 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 Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
and
Department of Community Affairs
Weatherization Assistance 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
ht!p://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.
(f) 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
and
Department of Community Affairs
Weatherization Assistance Program
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2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(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.
0) The Recipient shall have all audits completed by an independent certified public accountant (IPA),
either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat The IPA shall state
that the audit complied with the applicable provisions noted above. 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 reports, quarterly reports, semi - annual
leverage and success story reports, and 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) Quarterly reports are due to the Department no later than 30 days after the end of each quarter of
the program year and shall be sent each quarter until submission of the administrative close -out report. The ending
dates for each quarter of the program year are March 31, June 30, September 30 and December 31.
(c) The close -out report is due 30 days after termination of this Agreement or 30 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) 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.
(e) The Recipient shall provide additional program updates or information that may be required by the
Department.
(f) The Recipient shall provide additional reports and information identified in Attachment D.
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(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 Deliverables and Scope of Work are being accomplished within the specified time periods, and
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.
In 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, 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 management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat. the
Recipient is solely responsible to parties it deals with in carrying out the 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
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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;
(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 any one 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, first 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.
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(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 manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat as amended.
(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 this Agreement. The amendment shall state the effective date of the termination and the procedures
for proper closeout of the Agreement.
(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 termination. 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 first class, certified mail, return receipt requested, to the representative identified below at the address
set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Mr. Norm Gempel, Manager
Department of Community Affairs
Division of Housing and Community Development
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Telephone: (850) 488 -7541
Fax: (850) 488 -2488
Email: norm.gempel @dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
Sheryl Graham, Social Services Director
1100 Simonton St. #2 -257
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Key West, FL 33040
Telephone: 305-292-4510
Fax: 305- 295 -4359
Email: graham -sheryl @monroecounty -fl.gov
(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 (I 3)(a) above.
(14) SUBCONTRACTS
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 federal laws 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 quarterly report the subcontractor's progress in performing its work under this
Agreement.
For each subcontract, the Recipient shall provide a written statement to the Department as to whether
that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat
(15) TERMS AND CONDITIONS
This 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:
Exhibit 1 - Funding Sources
Attachment A -1—
Budget (Fee for Services Summary and Details)
Attachment A -2—
Scope of Work
Attachment B -1—
Program Statutes and Regulations
Attachment B -2—
Monitoring, Evaluation & Technical Assistance
Attachment C —
Recordkeeping
Attachment D —
Reports
Attachment E —
Justification of Advance
Attachment F —
Warranties and Representations
Attachment G —
Certification Regarding Debarment
Attachment H —
Statement of Assurances
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Attachment I — County Allocations
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 $10,635.50 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 first three (3) months of the contract term. Any advance payment is also subject to federal OMB Circulars A -87,
A -110, A -122 and the Cash Management Improvement Act of 1990. If an advance payment is requested 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 $-0 -.
(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.
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
All refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of "Department of Community Affairs" and mailed directly to the Department at the following address:
Department of Community Affairs
Cashier
Fiscal Management
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 Department request, or in any submission or response to fulfill the requirements of this Agreement.
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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 extent 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, any one of which may be taken
as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336,
42 U.S.C. Section 12101 et se 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 services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public
entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 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(g)2. of this certification; and
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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 G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such
form must be received by the Department before the Recipient enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla.
Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
0) 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 refuses to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 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.
(m) The State of Florida will not intentionally award publicly- funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in
8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ( "INA ")]. The Department
shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA.
Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
(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.
(o) 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. 10a,
unless it would not be in the public interest or unreasonable in cost.
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(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, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the 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.
(2 1) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient 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
Page 12
of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any 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
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that
the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment H.
Page 13
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
Contract Number: 12LH- 9Z- 11 -54 -01 -039
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on
the day, month and year set forth below.
RECIPIENT
MONROE COUNTY BOARD OF
COUNTY COMM19SIONERS
4 qC�Date* - I ,
(Authorized Signature)
Deborah Frederick
(Print Name)
Title: _Deputy County Administrator
Federal Tax ID# 59- 6000749
DEPARTMENT OF COMMUNITY AFFAIRS
By: L , Date: 7141
(Authorized Signatu
Ken Reecy, Director
Division of Housing and Community Development
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Page 14
**21113111 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 originate:
Federal Program
Federal agency
Catalog of Federal Domestic Assistance title:
Catalog of Federal Domestic Assistance #:
Award amount:
Low - income Home Energy Assistance Program
U.S. Department of Health and Human Services
CFDA
93.568
$10,635.50
THE FOLLOWING 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.) and specify to which federal program each requirement applies:
Compliance Requirements
The Recipient will use these funds to perform energy
saving repairs and installation of energy saving
measures on low- income homes throughout the state.
These funds will be administered statewide through
an existing network of non - profit and local
government agencies. These funds will be expended
in accordance with the Scope of Work, Attachment A-
2; Program Statues and Regulations, Attachment B -1;
Record Keeping, Attachment C; Reports, Attachment
D; Statement of Assurances, Attachment G; County
Allocations, Attachment I; Special Conditions (When
Applicable), Attachment J of this Agreement and
applicable OMB Circulars.
Program
Weatherization
Assistance
Program
2. The recipient will comply with eligibility requirements Weatherization
as set forth in the Department of Energy 10 CFR Part
440 Final Rule and applicable OMB Circulars. Assistance Program
NOTE: For federal programs included in Exhibit 1, Section .400(d) of OMB Circular A -133, as revised requires,
and for state projects included in Exhibit 1, Section 215.97(5)(a), Florida Statute, requires the information in
Exhibit 1 to be provided to the Recipient.
Page 15
. a •
<<SAMPLE>>
ATTACHMENT A-1
BUDGET
Fee For Service Summary and Detail Reporting Instructions
From the Financial Status Report Form Current Month Totals To Date
(A) (B)
1. a)Material (Calculated from Building Work Reports)
b)Labor (Calculated from Building Work Reports)
2. Fee for Service(30%of Lines IA+ 1B)(Calculated from material and
labor totals reported on Building Work Reports submitted)
3.Total:(Lines la+ lb+2 from column A)(Limited to$3,000 per dwelling)
4. Health&Safety-See H&S comments below.
5.Comprehensive Annual Audit (1/12 per month)
6.Training&Technical Assistance
6.(b)Equipment
7. Liability Insurance
8.Subtotal (Column A-Line la, lb,2 plus lines 4 through 7)
9. Administration(Line 8 x 5.25%)
(Can be less than 5.25%but may not exceed 5.25%)
10.Totals(Lines 1 A—9A and 1 B—9B)
(Note: 10 B can not exceed Total Agreement Amour
1.a) MATERIAL: Calculated from Building Work Reports.
b) LABOR: Calculated from Building Work Reports.
2. FEE FOR SERVICE: (30%of Lines lA+ IB)(Calculated from material and labor totals reported on Building
Work Reports submitted.)
3. TOTAL: Lines la, lb,and 2: This amount cannot exceed the average of$3,000 per dwelling reported.
4. HEALTH AND SAFETY:NO HEALTH AND SAFETY EXPENSES ARE ALLOWED TO BE CHARGED
TO WAP/LIHEAP—ONLY CHARGED IN THE ARRA/WAP OR ANNUAL WAP AGREEMENT.
5. COMPREHENSIVE ANNUAL AUDIT: This is for the pro rata share of the agency audit charged to each
program. The Recipient may bill on a 1/12th of the cost of the audit per month or on a quarterly basis(written
notification required to be provided to consultant for quarterly option).
6. TRAINING AND TECHNICAL ASSISTANCE:These reported costs will not be reimbursed without prior
written approval for activity from the Department.
6(b) EQUIPMENT: These reported costs will not be reimbursed without prior written approval for purchase from the
Department.
7. LIABILITY INSURANCE: Liability,Bonding(for the pro rata share of the agency insurance coverage charged to
each program)and Pollution Occurrence Insurance.
8. SUBTOTAL: Lines la, lb,2 plus lines 4 through 7.
9. ADMINISTRATION: Line 8 x 5.25%(Can be less than 5.25%but may not exceed 5.25%).
10. TOTALS:Columns A and B.
Page 16
Attachment A -2
SCOPE OF WORK
In carrying out this Agreement, the Recipient will provide the necessary personnel, materials, services
and facilities, except as otherwise provided herein, to carry out the program. The Florida WAP Manual
(May 2008) provides specific procedures and guidelines that must be followed to assure compliance. The
Recipient will have a designated individual, referred to by the Department as the WAP Coordinator, to be
responsible for the following activities:
A. Soliciting, identifying and qualifying low- income residents within the Recipient's identified service area
with the need and desire for energy conservation assistance. The Recipient will make the services
provided for under this contract available to all eligible clients in the counties to be served.
B. During this contract period work performed on homes shall be completed with the Florida Priority List
and supplemental Department and federal Department of Energy guidelines unless the agency secures
written permission from the Department not to. Each unit must be evaluated by using the Priority List
Assessment and Testing (PLAT) inspection package, recording visual observations and measurements
and performing required diagnostic tests, i.e., blower door, monoxor, gas analyzer and pressure pan.
This information will be maintained in the client file.
When addressing a central heating and cooling unit 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 may only be replaced if a) indicated by metering (minimum 10% of refrigerators
must be metered) or 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.
C. The cost of labor and materials for weatherization measures and program support (fee for service) to
be charged to this WAP /LIHEAP agreement cannot exceed $3,000 per dwelling. Therefore, only $2,308
in material and labor costs may be expended per dwelling. These funds may only be utilized after $5,000
of material and labor costs for weatherization measures on a dwelling have been charged to the ARRA
WAP (or annual WAP when available). Only after all ARRANVAP or WAP funding has been fully
expended may a dwelling be weatherized utilizing only WAP /LIHEAP funding.
Note that only after all ARRA/WAP or WAP funding has been expended may the Health & Safety (H &S)
Abatement amount ($600) be charged to the WAP /LIHEAP. (H &S can only be charged to one program
per dwelling.)
D. When the Recipient WAP 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. Supervising, monitoring and ensuring the quality of all work by staff, volunteers and subcontractors.
F. A final inspection and certification that all work listed on the Building Work Report (BWR) was
performed on the home according to program guidelines, will be performed by the Recipient WAP
Coordinator. If all work meets program guidelines and local building codes, the WAP Coordinator and
client will sign and date the BWR.
G. Providing the Department with documentation and reports as required by this Agreement as well as
other information related to this project as may be specified by the Department.
Page 17
ATTACHMENT B -1
PROGRAM STATUTES AND REGULATIONS
Both the Recipient and the Department shall be governed by applicable laws and rules, including but
not limited to:
A. Pub. L. 94 -385, Part A, Title IV ( "Energy Conservation and Production Act of 1976 "); the Omnibus
Budget Reconciliation Act of 1981, Title XXVI of Pub. L. 97 -35 (Low- Income Home Energy Assistance Act
of 1981); Title II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96 -619); Title V,
Subtitle E, of the Energy Security Act of 1981 (Pub. L. 96- 294); and Chapter 163, Fla. Stat.
B. All federal statutes relating to nondiscrimination including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352) which prohibits discrimination on the basis
of race, color or national origin;
2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683, and 1685-
1686), which prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits
discrimination on the basis of handicaps;
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits
discrimination on the basis of age;
5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92- 255), as amended, relating to
nondiscrimination on the basis of drug abuse;
6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (Pub. L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
7. Subsections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290
ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
8. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing of housing; and
9. The requirements of any other nondiscrimination statute(s) which may apply to the Weatherization
Assistance Program.
10. The Americans with Disabilities Act of 1990, Public Law 101 -336 (42 U.S.C. Sections 12101
through 12213).
C. Executive Order 11246, entitled "Equal Employment Opportunity ", as amended by Executive Order
11375, and as supplemented in Department of Labor Regulations (41 C.F.R. Part 60).
D. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42
U.S.C. 1857 et seq.) and the federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
Page 18
ATTACHMENT B -1 (Continued)
PROGRAM STATUTES AND REGULATIONS
E. The Recipient will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4081 et
seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures.
F. The Recipient will assist in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties),
and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.)
G. In compliance with 10 C.F.R. Subpart E, Part 1036.510 (Appendix B), the Recipient certifies that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared eligible,
or voluntarily excluded from participating in this Agreement by any Federal Department or agency.
Principal means:
a) An officer, director, owner, partner, principal investigator, or other person within a participant
with management or supervisory responsibilities related to a covered transaction; or
b) A consultant or other person, whether or not employed by the participant or paid with Federal
funds, who- -
(1) Is in a position to handle Federal funds;
(2) Is in a position to influence or control the use of those funds; or,
(3) Occupies a technical or professional position capable of substantially
influencing the development or outcome of an activity required to perform the
covered transaction.
This language applies to three separate groups. It applies to the Community Action Board members
(public or non - profit), to the management and supervisory employees of the Recipient, and to groups or
businesses that the Recipient does business with. In all three cases, the Recipient is responsible for
assuring compliance with this requirement. At a minimum, members of these groups must be checked
against the Excluded Parties List System website at htto: / /www.er)is.gov to ensure that organizations or
individuals are not ineligible.
H. The Recipient shall screen applicants for program eligibility under 1986 Immigration and Nationality
Act, as currently amended.
I. Recipients which procure $10,000 or more of insulation products annually are required to put into effect
an affirmative procurement program to insure the purchase of insulation products composed of the
highest percentage of recoverable materials practicable, taking into 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. 600, and all applicable
OMB Circulars, as revised, as they relate to the application, acceptance, and use of federal funds under
this Agreement.
K. Other applicable federal and State laws, rules, regulations and guidelines.
L. There shall be no religious worship, instruction, or proselytization as any part of, or in 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
ATTACHMENT B -1 (Continued)
Page 19
ATTACHMENT B -1 (Continued)
PROGRAM STATUTES AND REGULATIONS
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. Documentation of authorization from the owner of the dwelling or his authorized agent.
3. Documentation of proof of ownership.
4. Agreement with the owner of rental property assuring compliance with 10 C.F.R. Part 440.22.
O. INTEREST INCOME: Except as provided for advance payments, the Recipient may temporarily
invest grant funds, but any interest income shall either be returned to the Department or be applied
against the Department's obligation to pay the contract amount. Any interest income earned by the
temporary investment of these grant funds that are 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. PROGRAM INCOME: Recipient may apply net program income, after costs incident to the generation
of gross program income are deducted, excluding interest income, to meet matching requirements, or
may reprogram it for eligible program activities in accordance with Rule Chapter 96 -24, Florida
Administrative Code. The amount of program income and its disposition must be reported to the
Department at the time of submission of the final close -out report. Expenditure of program income
balances at contract end must be approved by the Department.
Q. 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 first be heard by the:
Kim Wilkes, Senior Grants Coordinator (Title of Position)
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be
heard by:
Sheryl Graham, Social Services Director (Title of Position).
Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing will be held
by:
Monroe County Board of County Commissioners (Committee or Full Board).
All complaints received by the Department will be referred to the Recipient.
Page 20
ATTACHMENT B -2
MONITORING. EVALUATION & TECHNICAL ASSISTANCE
A. Training and technical assistance shall be provided by the Department, within limits of staff time and
budget, upon request by the Recipient and /or upon a determination by the Department of Recipient need.
B. The Recipient shall allow the Department to carry out monitoring, evaluation and technical assistance
and shall ensure the cooperation of its employees, and any subgrantees with whom the Recipient
contracts to carry out program activities.
Page 21
ATTACHMENT C
RECORDKEEPING
A. Information in each client file shall include, but not be limited to:
1) Client Intake Form (signed by the client and dated),
2) Client Selection (Priority) Criteria Form,
3) Copy of the Compliant/Appeal Procedures Form,
4) Copy of Social Security Cards (with only the last four digits showing).
5) Documentation of Income for all members of the household,
6) Documentation of Ownership or Landlord Agreement (when applicable),
7) A copy of the completed Priority List Assessment and Testing (PLAT),
8) A copy of the first page of the National Energy Audit (NEAT) or the Manufactured Home
9) Energy Audit (MHEA) if used for replacing HVAC units or refrigerators as applicable,
10) Copy of the signed Client/Agency Pre Work Order Agreement (PWOA) form,
11) Copies of all permits
12) Building Work Report (BWR) (signed by the client and inspector and dated),
13) Invoices and payment vouchers.
B. Since Recipients of this WAP /LIHEAP Agreement will be utilizing this funding in association with the
ARRA WAP or annual WAP funding weatherization activities, a separate client file is not required as this
would be unnecessary duplication of documentation. Therefore all invoices for measures installed
(material and labor) charged to the WAP /LIHEAP will be placed in the ARRA WAP client file and noted
that those invoices were paid through this WAP /LIHEAP Agreement.
C. If all ARRA WAP or annual WAP is expended, and by written direction of the Department only, all
weatherization activities will be allowed to be performed through this WAP /LIHEAP Agreement. The
allowable expenditure amount for materials and labor at that time will be $7,308 per dwelling.
D. When the Recipient ARRA WAP Coordinator has determined the WAP /LIHEAP weatherization
activities to be performed on a home, those measures will also be included in the ARRA WAP or annual
WAP Client/Agency Pre -Work Order Agreement Form. The work to be performed will then be
discussed with the client, and both the client and the coordinator will sign and date the form. Once this
form is signed, work may commence and a copy of this form must be placed in the client file.
Page 22
ATTACHMENT D
REPORTS
A. Monthly reports are due to the Department by the 5th of the month. The Recipient shall enter via the
eGrants reporting system, a Financial Status Report (FSR), and a Building Work Report (BWR) package
for each home on which work has been completed and inspected. The BWR package shall consist of a
copy of the BWR, and a completed Client Intake Form.
B. Quarterly reports are due to the Department by the 21 s ' day of the month following the end of each
quarter. The Recipient shall enter the data via the eGrants reporting system.
C. Semi Annual 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 client's homes and then contact those clients sixty days 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.
D. The Close -out Report is due to the Department by September 5, 2012.
E. Failure to submit all required reports as outlined in Section A& B above by the required due date,
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
F. The audit is due nine 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.
G. Hand delivered reports must be date stamped in by Department staff. Each report form shall be
signed by the Recipient's designated agent.
H. Utilization of the eGrants reporting system is mandatory for all WAP /LIHEAP subgrantees.
Page 23
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT: Monroe County Board of County Commissioners
Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is
requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not
exceed the expected cash needs of the Recipient within the initial three months of the Agreement.
® NO ADVANCE REQUESTED
No advance payment is requested. Payment will be
solely on a reimbursement basis. No additional
information is required.
❑ ADVANCE REQUESTED
Advance payment of $ is requested.
Balance of payments will be made on a reimbursement
basis. These funds are needed to pay staff, provide
benefits to clients, and pay for material and labor plus
associated allowable overhead costs. We would not be
able to operate the program without this advance.
REQUEST FOR ADVANCE
❑ Recipient has circumstances that require an advance in the amount estimated and justified below.
ADVANCE CALCULATION
A. Homes expected to be completed in first three months of Agreement:
B. Line A times $3,000:
C. Equipment, training, audit and insurance expenses in first three months:
D. Subtotal of Lines B and C:
E. Administrative expenses, 5.25 percent of Line D:
F. Advance Requested (Total Lines B, C and E):
EXPLANATION OF EXCEPTIONAL CIRCUMSTANCES (IF REQUESTONG MORE THAN LINE F):
Note: All advance requests must provide written justification and a budget for the first three
months of the Agreement.
24
Attachment F
Warranties and Representations
Financial Mana eg ment
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
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.
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 firm 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 8:00 am to 5:00 am Monday through Friday or Department approved hours
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of
the particular work for which they are hired by the Recipient. 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. When required
per county code, permits will be pulled and inspections performed by the appropriate individual.
25
Attachment G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, ,certifies,by
submission of this document,that neither it nor its principals is presently debarred,suspended,proposed for
debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2) Where the Contractor's subcontractor is unable to certify to the above statement,the prospective contractor
shall attach an explanation to this form.
(Sub-Contractor's Name) (Recipient's Name)
Date:
(Authorized Signature)
12LH-9Z-11-54-01-039
(Print Name and Title) (DCA Contract Number)
(Street Address)
(City,State,Zip)
26
ATTACHMENT H
STATEMENT OF ASSURANCES
The Recipient hereby certifies the following assurances:
A. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action
authorizing the filing of the contract, including all understandings and assurances contained therein, and
directing and authorizing the Recipient's chief executive to act in connection with the agreement and to
provide such additional information as may be required.
B. Contractors' and subcontractors' licenses must comply with state and local laws, ordinances and
regulations, and shall be appropriate and adequate to cover each of the tasks being performed pursuant
to this Agreement and any subcontracts under this Agreement. The Recipient shall maintain copies of all
contractor and subcontractor licenses (current for the program year when the work is performed), as well
as a copy of each contractor's liability insurance policy.
C. Units of local government, Indian tribes and non - profit organizations shall secure and maintain such
insurance as may be necessary for protection from claims under Worker's Compensation Acts and from
claims for bodily injury, death, or property damage which may arise from the performance of services
under this Agreement.
D. Priority in selection of clients will be given to (1) the elderly, (2) persons with disabilities,
(3) households with children and (4) households with recurring high energy bills or (5) high energy
burden.
E. The Recipient shall give priority to units served in order of preference as follows:
1. single family owner occupied units,
2. single family renter occupied units in buildings up to five units,
3. multi - family units (5 units or more per building), with 10% owner participation,
4. multi - family units (5 units or more per building), without owner participation in
cases where the landlord can document an inability to pay the required 10 %.
F. To the maximum extent practicable, the use of services provided under this Agreement shall be
coordinated with other Federal, State, local, or privately funded programs in order to improve energy
efficiency and to conserve energy.
G. The Recipient will permit attendance by the public and 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 financial transactions and records by staff or agents of the
department, the Comptroller's Office, legislative or federal auditors, and Department of Energy personnel.
I. In order to ensure that no undue or excessive enhancement takes place on renter occupied units, the
Recipient shall require that the landlords of buildings with five or more units, or any combination of
buildings with an aggregate total of five units or more, that receive services under this contract will pay
ten percent (10 %) of the total cost of the work performed. The landlord's participation may be waived or
reduced if they can document in writing that they cannot afford to participate. A written agreement
between the Recipient and the landlord detailing the landlord's commitment and legal responsibilities will
be executed after pre - inspection and work determination has been completed and prior to work beginning
on the unit and a copy of this agreement maintained in the client(s) file.
J. All CSBG funds used for any improvement of land or building construction or permanent improvement
regardless of the cost must be specifically approved, by measure, in advance by the Department. This
includes any weatherization or energy - related home repairs.
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ATTACHMENT I
COUNTY ALLOCATIONS
The financial allocation specified for each county by program is designated to be spent in that county.
For recipients of funds designated for more than one county, in the event that circumstances will not allow
the full expenditure of any program funds allocated to a particular county, a request to expend any part of
those funds in another county must be submitted in writing to the Department. This request must justify
the lack of need of program services in that county. Funds may not be expended in another county
without prior written approval of the Department.
COUNTY
Monroe
ALLOCATION
$10,635.50
ATTACHMENT J
SPECIAL CONDITIONS
Davis Bacon requirements, as outlined in Attachment J of the Recipients American Recovery
and Reinvestment Act Weatherization Assistance Program (ARRA WAP) Agreement, will apply
equally to this agreement.
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ATTACHMENT K
RECIPIENT INFORMATION FORM
Please complete all information applicable to your organization.
1. Recipient's full legal name:
Monroe County Board of County Commissioners /Monroe County Social Services
2. The warrant will be mailed to the Recipient's address unless otherwise indicated:
Monroe Countv Clerk of the Court: 500 Whitehead Street
City Key West, Fl. Zip Code: 33040
Telephone: 305 - 292 -3550 FAX Number: 305 - 295 -3660
3. Street Address (if different from above):
4. Chief Elected Official:
Heather Carruthers
(Name)
Mayor
(Title)
E -mail address : boccdis3t &-monroecountyfl.gov
5. Executive Director:
FAX Number: 305 - 292 -3430
Sheryl Graham Social Services Director
(Name) (Title)
E -mail address: graham- sheryl( monroecounty -fl.gov FAX Number: 305 - 295 -4359
6. WAP Coordinator:
Marlene Steckley Case Manager Supervisor
(Name) (Title — agency designation)
Telephone: 305 - 292 -4425 FAX Number: 305 - 295 -4359
E -mail address: steckley- marlenec@-monroecounty- fl.gov
7. Finance Director:
Danny Kohlage Clerk of the Court
(Name) (Title)
E -mail address: dkohlagea- monroecounty -fl.gov FAX Number: 305 - 295 -3660
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