05/15/2013 AgreementAMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: May 28, 2013
TO: Sheryl Graham, Director
Social Services
ATTN: Kim Wilkes Wean, Senior
Grants Coordinator
FROM: Pamela G. Hancook
At the May 15, 2013, Board of County Commissioner's meeting the Board granted approval and
authorized execution of the following:
Item C13 Amendment 004 of the Alliance for Aging, Inc. Standard Contract, Older Americans Act
(OAA) Contract AA-1329 between the Alliance For Aging Inc. (AAA) and the Monroe County Board
of County Commissioners (Social Services/In Home and Nutrition Programs) for the current contract
period of January 1, 2013 to December 3.1, 2013.
Item C14 State of Florida Department of Economic Opportunity Federally -Funded Weatherization
Assistance Program Agreement, Contract# 13WX-0G-11-54-01-039 between Monroe County Board of
County Commissioners (Community Services/Social Services) and the State of Florida, Department of
Economic Opportunity.
Enclosed are five duplicate originals of each of the above -mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return two fully executed originals of each to our
office for the Clerk's record and for the Finance Division. Should you have any questions, please feel
free to contact my office.
cc: County Attorney w/o documents
Finanye
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500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fox: 305-852-7146
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ORIGINAL
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
Contract Number: 13WX- OG- 11 -54 -01 -039
FEDERALLY - FUNDED WEATHERIZATION ASSISTANCE PROGRAM AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Department "), and Monroe County Board of
County Commissioners (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 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 February 28, 2014, 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 uniform
administrative requirements of OMB Circular No. A -102 "Grants and Cooperative Agreements with State and Local
Governments" or OMB Circular No. A -110 (now 2 CFR Part 215), "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations," and
Recipients shall be subject to the applicable cost principles of OMB Circular No. A -87 (now 2 CFR Part 225), "Cost
Principles for State, Local and Indian Tribal Governments," OMB Circular No. A -21 (now 2 CFR Part 220), "Cost
Principles for Educational Institutions," or OMB Circular No. A -122 (now 2 CFR Part 230), "Cost Principles for
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Non - Profit 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.
(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 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, Audits of States, Local Governments and Non - Profit Organizations, and the Single Audit
Act of 1984, as amended. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the
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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 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, the cost of the audit must be paid from non - Federal funds.
(e) 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.
(f) Pursuant to Section .320 (f), OMB Circular A -133, the Recipient shall send a copy of the reporting
package described in Section .320 (c), OMB Circular A -133, and any management letter issued by the auditor, to the
Department at the following addresses:
Department of Economic Opportunity
Office of the Inspector General
107 East Madison Street
MSC 130
Tallahassee, Florida 32399
And
Department of Economic Opportunity
Division of Community Development
Office of Housing and Community Development
Community Assistance Section
107 East Madison Street
MSC 400
Tallahassee, Florida 32399
(also send an electronic copy to Ms. Ginny Helwig at: ginny.helwigAdeo.myflorida.com
(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.
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(h) Recipients shall 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 each monthly Financial Status Report (FSR), a
mid - agreement Monthly Expenditure Tracking Sheet (METS) Report, each semi - annual Success and Leverage
Report 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 Attachment A, Scope of Work, and the
expenditure of funds under this Agreement, in addition to any other information requested by the Department.
(b) Monthly FSRs are due to the Department no later than the twenty -first day of each month
following the end of the reporting month in which funds were expended. In the event the twenty-first day of the
month falls on a weekend day or holiday, the monthly report shall be due no later than the next business day.
(c) The mid- agreement METS Report is due to the Department no later than the twenty -first day of the
seventh month of the Agreement period. In the event the twenty -first day of the seventh month falls on a weekend
day or holiday, the mid - agreement report shall be due no later than the next business day.
(d) Semi - annual Success and Leverage Reports are due to the Department on or before October 21 and
April 21. In the event the twenty -first day of either month falls on a weekend day or holiday, the reports shall be
due no later than the next business day.
(e) The close -out report is due thirty calendar days after termination of this Agreement or thirty
calendar days after completion of the activities contained in this Agreement, whichever first occurs. In the event the
thirtieth day falls on a weekend day or holiday, the close -out report shall be due no later than the next business day.
(f) 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 Scope of Work, Attachment A.
(g) The Recipient shall provide additional program updates or information that may be required by the
Department.
(h) 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 the Schedule of
Deliverables within the Scope of Work, Attachment A, 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 monitoring report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be Iimited 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 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
Department and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this
Agreement;
Page 5
(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; or
this Agreement.
(d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under
(11) REMEDIES
If an Event of Default occurs, and the Department provides written notice to the Recipient, the
Department may exercise any one or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement if the Recipient has not cured the default within thirty calendar days of
receipt of written notice of an Event of Default;
(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,
in question, or
3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities
4. require the Recipient to reimburse the Department for the amount of costs incurred for any
items determined to be ineligible; or
(f) Exercise any other rights or remedies which may be otherwise available under law.
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 calendar 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, failure to cure an Event of Default within thirty calendar days from receipt of the
notice, or 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.
Page 6
(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) If the Department issues a notice of Event of Default, the Recipient shall not incur new
obligations during the thirty day cure period. If the Department determines that the Recipient has cured the Event of
Default within the thirty day cure period, the Department will provide notice to the Recipient that it may resume
incurring new obligations. Costs incurred for new obligations after receipt of the notice of Event of Default will be
disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of this
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.
(I j) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing delivered, by
standard mail or electronic methods, to the representative identified below at the address and email 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:
Paula Lemmo, Community Program Manager
Department of Economic Opportunity
Division of Community Development
Bureau of Housing and Community Development
Community Assistance Section
MSC 400 - 107 East Madison Street
Tallahassee, Florida 32399
Email: paula.lemmo @deo.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is stated in Attachment K, Recipient Information, of this Agreement
(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) 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
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Monroe County Board of County Commissioners
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
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 (check all that are applicable):
® Exhibit 1 - Funding Sources
® Attachment A
® Attachment B
® Attachment C
® Attachment D
® Attachment E
® Attachment F
® Attachment G
® Attachment H
® Attachment I -
® Attachment J
® Attachment K
Scope of Work
Program Statutes and Regulations
Recordkeeping
Reports
Justification of Advance
Warranties and Representations
Certification Regarding Debarment
Statement of Assurances
County Allocation
Special Conditions
- 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 $ 18,792 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 two (2) months of the contract term. Any advance payment is also subject to federal OMB Circulars A -87
(now 2 CFR Part 225), A -110 (now 2 CFR Part 215), A -122 (now 2 CFR Part 23 0) and the Cash Management
Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a
justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount
of advance payment needed and provide an explanation of the necessity for and proposed use of these funds.
Page 8
if applicable)
An advance payment is requested in the amount of $
(check and complete
(c) After the initial advance, if any, payment shall be made on a reimbursement basis. The
Recipient agrees to expend funds in accordance with the 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 Economic Opportunity" and mailed directly to the Department at the following
address:
Department of Economic Opportunity
Division of Community Development
Office of Housing and Community Development
Community Assistance Section
107 East Madison Street
MSC 400
Tallahassee, Florida 32399
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.
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.
Page 9
(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 13101 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.
(0 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 three -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
4. have not within a three -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.
Page 10
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient fora proper preaudit and postaudit thereof.
6) Any bills for travel expenses shall be submitted in accordance with Section 113.061, Fla. Stat
(k) The Department of Economic Opportunity 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.
(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. Federal grant funds provided under this Agreement may not be used by the Department or any Recipient or
Sub - Recipient to support lobbying activities to influence proposed or pending Federal or State legislation or
appropriations. This prohibition is related to the use of Federal grant funds and not intended to affect an individual's
right or that of any organization, to petition Congress, or any other level of Government, through the use of other
resources (See, 45 CFR Part 93).
(b) The Recipient certifies, by signing 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
Page 11
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.C. 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 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
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.
Page 12
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment H.
Remainder of Page Intentionally Left Blank
Page 13
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
Agreement Number: 13 WX- OG- 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 rr,,
M 0 &04x� —" (Type Le N f Re ent) ome
By:
Here)
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC
OPPORTUNITY
:W '3�0 1
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ctor
Division of Community Development
Date:
59- (00oo - 44f 9
Federal Identification Number
D-• 3 S - 4-to �
DUNS Number*
*Data Universal Numbering System
(SEAL)
B
Date: Z� J 0 Z
0
Approved as to form and legal
sufficiency, subject only to full and
proper execution by the parties.
Office of the General Counsel — , c-)
By:
App ved Date:
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Page 14
2013 WAP AGREEMENT
EXHIBIT —1
FUNDING SOURCES
Agreement Number: 13 WX- OG- 11 -54 -01 -039
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT'UNDER THIS
AGREEMENT. THIS IS NOT A RESEARCH AGREEMENT.
Separately list the following information for each federal program from which the resources awarded to the
Recipient originate:
Federal Program Weatherization Assistance Program (WAP)
Federal agency U.S. Department of Energy (DOE)
Catalog of Federal Domestic Assistance title and #: CFDA 81.042
Grantee:
Award amount:
$ 6,451*
* Subject to availability of funding pursuant to future DOE awards.
Federal Program Low- Income Home Energy Assistance Program
Federal agency U.S. Department of Health and Human Services (HHS)
Catalog of Federal Domestic Assistance title and #: CFDA 93.568
Grantee:
Award amount: $12,341
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
Program
1. Resources shall be used only in accordance with the following: Weatherization Assistance
Program
The Recipient shall use these funds to perform energy saving repairs and
installation of energy saving measures on qualified single family dwellings
only. These funds will be expended in accordance with the Scope of Work,
Attachment A; Program Statutes and Regulations, Attachment B; Record
Keeping, Attachment C; Reports, Attachment D; Statement of Assurances,
Attachment G; County Allocations, Attachment I; Special Conditions,
Attachment J; applicable OMB Circulars; and the FY 2013 WAP State Plan .
2. Recipients must meet the following eligibility requirements:
The Recipient shall comply with the Department's WAP requirements and
the applicable OMB Circulars and eligibility requirements as set forth in U.S.
Department of Energy regulations codified in Title 10 of the Code of Federal
Regulations, Part 440, Weatherization Assistance Program for Low- Income
Persons.
Monroe County Board of County Commissioners
Page 15
2013 WAP AGREEMENT
ATTACHMENT A
SCOPE OF WORK
The Recipient shall comply with the following requirements, and if applicable, ensure all subcontracts require
compliance with the following requirements. 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 shall have a designated individual, referred to by the Department as the WAP Coordinator, to be
responsible for the following activities:
A. Solicit, identify 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 dwellings 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 dwelling must be evaluated by using the Priority List
Assessment and Testing (PLAT) inspection package for recording visual observations, measurements, diagnostic
test results, i.e., blower door, infrared camera, 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 dwelling, 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 or (b) recommended by a NEAT or MHEA.
The Department also requires that the following measures be installed on every dwelling receiving energy
conservation 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 and materials for weatherization measures plus allowable Program Support activities under this
WAP agreement should not exceed $6,769 per dwelling. This per dwelling amount does not include the Health and
Safety [H &S] amount of $600 that may also be expended.
D. When the Recipient WAP Coordinator (or the designated individual) has determined the weatherization activities
to be performed on a dwelling, the measures to be addressed in the same order of the Priority List will be listed on
the Client/Agency Pre -Work Order Agreement (PWOA) 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 and the Mold and Moisture pamphlets will be provided to the client. Then both the client
and the coordinator will sign and date the PWOA form. Once this form is signed, work may be coordinated.
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 well as, other information requested by the Department.
F. Upon completion of all scheduled work on a dwelling, the Recipient WAP Coordinator (or the designated
individual) shall conduct a final inspection (to include all diagnostic testing) and certify that all work performed on
each dwelling was completed according to program guidelines. The material and labor costs for each Weatherization
measure installed on a dwelling will be listed on a Building Work Report (BWR). If all work meets program
guidelines, local building codes and applicable permits have been pulled; the WAP Coordinator and client will sign
and date the BWR. The weatherized dwelling will be considered as completed when the contractors have been paid
for services rendered.
G. To receive a reimbursement for a production period (first day of a month through the last day) the Recipient shall
submit an electronic copy of each BWR package along with the Financial Status Report (FSR) to the Department
through the web based reporting system (eGrants) by the 21 st day of the following month. In addition, the Recipient
shall submit a signed copy of the FSR via facsimile or email to the Department by the same due date.
Page 16
2013 WAP AGREEMENT
ATTACHMENT A, SCOPE OF WORK (Continued)
BUDGET
Agreement Number: 13WX- OG- 11 -54 -01 -039
Recipient: Monroe County Board of County Commissioners
WEATHERIZATION ASSISTANCE PROGRAM
TOTAL AGREEMENT AMOUNT
$18,792.00
BUDGETED
AMOUNTS
WEATHERIZATION SERVICES
1.
Cost of allowable materials and labor to weatherize a dwelling.
a)
Materials
$7,500.00
b)
Labor
$ 5,600.00
Subtotal:
$ 13,100.00
$ 13,100.00
Number of dwellings to be weatberized:
3
PROGRAM SUPPORT
2.
All allowable subgrantee activities required to coordinate and ensure compliance of
providing weatherization services as identified in the Budget Detail within
Attachment A in this Agreement. Upon termination of this Agreement, the total of
Supvort cannot exceed 30% of the total of material and labor costs.
$ 2,152.50
-
3.
Per - dwelling expenditure limit: Applicable amount of funding to be expended on
a dwelling (material, labor and Program Support) cannot exceed $6,769 and all
costs /expenditures must be eligible actual costs that are sufficiently documented.
HEALTH & SAFETY
4.
Limited to $600 per dwelling and not included in the dwelling cap of $6,769.
$ 900.00
DIRECT CHARGED LINE ITEMS
5.
Comprehensive Annual Audit (applicable % of cost for WAP only).
$ 0
6.
Training & Technical Assistance (Department pre- approved activities only).
$ 0.00
6. (b)
Equipment (Department pre- approved purchases only).
$ 0.00
7.
Liability (the % to cover WAP) & Pollution Occurrence Insurance (required).
$ 1,735.95
8.
Subtotal of Sections 1, 2, 4, 5, 6, 6(b) and 7.
$ 17,888.45
ADMINISTRATION
. F
All allowable administrative level activities required to implement the program
(salaries including fringe; rent; utilities, etc.)
Total cannot exceed 5.25% of Line #8 and all eligible costs /expenditures must be
sufficiently documented.
$ 903.55
10.
TOTAL OF ALL BUDGETED AMOUNTS
$ 18,792.00
(TOTAL BUDGETED AMOUNT CANNOT EXCEED TOTAL AGREEMENT AMOUNT)
Page 17
2013 WAP AGREEMENT
ATTACHMENT A, SCOPE OF WORK (Continued)
BUDGET DETAIL
Agreement Number: 13WX- OG- 11 -54 -01 -039
Recipient: Monroe County Board of County Commissioners
To determine the allowable activities that may be reported in Program Support and Administration, the Recipient
will refer to the applicable (Non -Profit or County Government) Guidance for Documentation and Support of
Program Support and Administrative Expenditures publication which is available at the Department's website.
Refer to Attachment J, SPECIAL CONDITIONS, for that website and additional guidance.
Program Support
Budget Amount
1. Compensation of employees exclusively involved in WAP.
0.00
2. Compensation of employees involved in WAP and other funding sources.
2,057.50
3. Advertising and Public Relation Costs.
0.00
4. Communication costs for employees directly involved in WAP.
95.00
5. Interest on debt incurred to acquire WAP assets.
0.00
6. Maintenance and repair of WAP buildings (or designated WAP space) and equipment.
0.00
7. Materials and supplies used for WAP (other than Direct Materials on FSR).
0.00
8. Publication and printing costs used for WAP.
0.00
9. Recruiting costs for direct WAP personnel.
0.00
10. Facility Costs.
0.00
11. Transportation Costs for WAP services.
0.00
12. Travel costs for WAP services.
0.00
13. Training costs for WAP (Not on FSR).
0.00
14. Insurance and Indemnification - (that is not reported on Line 7 of the FSR).
0.00
15. Depreciation and Use Allowance of WAP Building and Equipment
0.00
16. Other - a list of items and corresponding costs must be submitted with Budget Detail.
0.00
Total (Enter this amount in line #2 of Budget):
2,152.50
Administration
Budget Amount
1. Compensation of Executive Management and Finance and Reporting Personnel.
406.40
2. Compensation of employees involved in WAP and other funding sources.
497.15
3. Communication costs for employees exclusively involved in WAP.
0.00
4. Depreciation and use allowances (building, general furniture and equipment).
0.00
5. Cost of Property Insurance.
0.00
6. Other - a list of items and corresponding costs must be submitted with Budget Detail.
0.00
Total (Enter this amount in line #9 of Budget):
903.55
Page 18
2013 WAP AGREEMENT
ATTACHMENT A, SCOPE OF WORK (Continued)
SCHEDULE OF DELIVERABLES
Agreement Number: 13WX- OG- 11 -54 -01 -039
Recipient: Monroe County Board of County Commissioners
The total estimated production goal will be the number of dwellings that are anticipated to be weatherized for the
Agreement period. The Recipient will complete the below per month estimated production goals.
Suggested process for calculating production goals:
a) Subtract the projected Direct Charge Line Items and Administrative costs totals as listed in the BUDGET,
from the total Agreement amount. This is the amount of funding available for weatherizing dwellings and
Program Support activities.
Agreement Amount: $_18,792.00
Direct Charges: ($_1,735.95 )
Administration: ($_903.55 )
Weatherization Amount: $ 15,252.50
b) Divide the Weatherization Amount by $6,769.
Weatherization Amount $_15,252.50 / $6,769 = Estimated Total Production _3
c) Estimate the amount of Health & Safety to be expended on the total number of dwellings: $_900.00
d) Subtract the Health & Safety amount (c) from the Weatherization Amount (a): $_14,352.50
e) Divide the reduced Weatherization Amount (d) by $6,769 to determine total estimated production: _3_
f) Determine estimated Material, Labor and Program Support amounts for Budget.
g) Complete the below estimated monthly production.
April 2013 _0_ May 2013 _0_ June 2013 _0_ July 2013 _0_
August 2013 _0 September 2013 _0 October 2013 _0 November 2013 _0_
December 2013 _1_ January 2014 _1_ February 2014 _1_ Total _3_
Refer to Attachment J, SPECIAL CONDITIONS, of this Agreement for information on the Recipient's
requirement to have actual documentation to support all expenditures reported on the Recipient's monthly
Financial Status Report (FSR) and the Department's review process of the supporting documentation for the
reported costs.
Page 19
2013 WAP AGREEMENT
ATTACHMENT B
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.; 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 1513, 1605 and 1606 of the
American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards; Schedule of Expenditures of
Federal Awards ( htip://www.myfloridaacfo.com/aadir/statewide financial reporting /financine.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 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 1913 (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 13101 through
13213). `
C. Executive Order 11346, 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. 1351 et seq.).
Page 20
2013 WAP AGREEMENT
ATTACHMENT B (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.
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. Part 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 13549,
"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. 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.
Page 21
2013 WAP AGREEMENT
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
O. INTEREST INCOME:
Recipients shall invest cash advances in compliance with section .21 (h) (2) (i) of the Common Rule and section .22
of OMB Circular A -110 (now 2 CFR Part 215). Recipients shall maintain advances of Federal funds in interest -
bearing accounts unless one of the following conditions applies:
NON - PROFITS ONLY:
1. The Recipient or subcontractor receives less than $120,000 in total Federal awards per year.
2. The best reasonably available interest bearing account would not be expected to earn interest in
excess of $250 per year on all Federal cash balances.
3. The depository would require an average or minimum balance so high that it would not be feasible
within the expected Federal and non - Federal cash resource. Interest earned off cash advances shall
be reflected on the monthly financial status report and the close -out report.
LOCAL GOVERNMENTS ONLY:
Except for interest earned on advance of funds exempt under the inter - governmental Cooperation Action
(31 U.S.0 6501 et. seq.) and the Indian Self- Determination Act (23 U.S.C. 450), recipients and sub -
recipients shall promptly, but at least quarterly, remit interest earned on advances to the Federal agency.
The recipient or subrecipient may keep interest amounts up to $100 per year for administrative expenses.
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. PROGRAM INCOME: Recipient may apply net program income, after costs incident to the generation of gross
program income are deducted, excluding interest income, to meet matching requirements, or may reprogram it for
eligible program activities in accordance with Rule Chapter 9B -24, 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: All complaints received by the Department will be referred to the Recipient. Recipient
must have a written appeals system that is:
a) adopted by the Board of Directors;
b) formatted as a Recipient handout;
c) posted in the client intake area of the Recipient's agency; and
d) provided to those applying for weatherization services.
Recipient Appeals System
In the event of a complaint/appeal, the complaint /appeal shall first be heard by the:
K m 612— �6Zf1►.iTS �O �2D� NATO �- (Title of Position)
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be heard by:
of Position).
Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing will be held by:
(� t2pE b to "T cr (Committee or Full Board).
Page 22
2013 WAP AGREEMENT
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
R. 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, added 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 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.
Only those contractors who have been trained on Lead Safe Weatherization techniques and have POI (or under
Recipient policy) may work on pre 1978 dwellings that the Recipient has confirmed may have lead paint that will be
disturbed through weatherization activities.
S. The Recipient will follow the procedures and guidelines provided in the latest version of the Florida WAP
Manual. Programmatic and guideline changes during an agreement period may be provided to the Recipient 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 email to the addresses
stated in Paragraph Thirteen of this Agreement.
Page 23
2013 WAP AGREEMENT
ATTACHMENT C
RECORDKEEPING
The Recipient shall maintain the following information in the client file:
A. Information on each client shall include, but not be limited to:
1. Client Intake Form (signed by the client and dated) and a copy of the household utility bill.
2. Client Selection (Priority) Criteria Form,.
3. Copy of the Compliant/Appeal Procedures Form initialed by client.
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) forms.
8. A copy of the first page of the National Energy Audit (NEAT) or the Manufactured Home Energy Audit
(MHEA) if used for replacing HVAC units or refrigerators,. Photo of the meter readings to support
refrigerator replacement if not using NEAT or MHEA.
9. Copy of the signed Pre -Work Order Agreement (PWOA) form.
10. Building Work Report (BWR) (signed by the client and inspector and dated).
11. Invoices and payment vouchers.
12. Copies of any required building permits.
B. When the Recipient WAP Coordinator has determined the weatherization activities to be performed on a
dwelling, the WAP Coordinator shall list the measures to be addressed on PWOA in the same order of the Priority
List.
C. Although the client provided a utility bill when submitting their application, that information will need to be
updated for a more accurate pre /post comparison.
The Collection of Pre Weatherization Utility Billing Information.
When the client is contacted to schedule a date to review the PWOA, the Coordinator will request that a copy of the
clients' prior month's utility bill be provided. 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 and a copy of the form must be placed in the client
file. Once this form is signed, work may commence. The pre - weatherization work utility bill amount will be entered
on the Client Intake Form in the eGrants system and included when reporting the dwelling.
The Collection of Post Weatherization Utility Billing Information.
The Recipient will submit to the Department a copy of the pre and the post utility bill (to include amount, kilowatt
usage and kilowatt per hour charge) for 10 percent of the clients served through this Agreement. Recipients should
consider establishing an agreement with the local utility provider in its service area to provide this information. If
no agreement can be established, the Recipient will implement a tracking process for following -up with selected
clients to obtain this information.
The post weatherization utility information should be for the first full billing month after the Building Work Report
has been signed by the client and Coordinator. These utility bills are to either be submitted to the Department within
60 days after the BWR sign date or included in the Recipients Semi - Annual Success and Leverage Report.
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2013 WAP AGREEMENT
ATTACHMENT D
REPORTS
A. Monthly FSRs are due to the Department by the 21 th of each month. The Recipient shall enter via the eGrants
reporting system, a Financial Status Report (FSR), and a Building Work Report (BWR) package for each dwelling
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. By the 21 day of the 7` month of this Agreement, the Recipient will submit:
a) A completed Monthly Expenditure Tracking Sheet (METS) to include all Program Support and
Administrative line item actual costs incurred by the Recipient through the 6` month of this Agreement.
b) A Revenue and Expenditure spreadsheet (or applicable fiscal supporting document) that will provide the
actual expenditure amounts per month to date that support the METS totals.
Note: Based upon the results of the Department desk audit, the Recipient may be required to submit
additional follow -up METS along with a supporting Revenue and Expenditure spreadsheet.
Note: Refer to Attachment J, SPECIAL CONDITIONS, of this Agreement for additional guidance on
the Department's METS review process.
C. Semi Annual Success and Leverage Reports are due to the Department on or before October 21 and April 21.
1) On the Success Reports, all Recipients shall provide: a) copies of thank -you correspondences from clients
who received weatherization services; b) information on any events the Recipient participated in that
promoted the WAP locally; c) any milestone reached by the Recipient that relates to the WAP.
2) On the Leverage Reports, all Recipients shall provide: a) sources of leverage activities; b) amount of
funding provided, and c) the types of leverage activities utilized on the dwellings 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 thirty (30) days after the end on the Agreement.
E. Failure to submit all required reports as outlined in Section A, B, C & D 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 Economic Opportunity
Division of Community Development
Office of Housing and Community Development
Community Assistance Section
107 East Madison Street
MSC 400
Tallahassee, Florida 32399
F. Hand delivered reports must be date stamped in by Department staff. Each report form shall be signed by the
Recipient's designated agent.
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2013 WAP AGREEMENT
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. Any advance payment under
this Agreement is subject to s. 216.181(16), Florida Statutes. If an advance payment is requested, the below
budget data on which the request is based must be completed.
NO ADVANCE REQUESTED
No advance payment is requested. Payment will be
solely on a reimbursement basis. No additional
information is required.
60 DAY ADVANCE REQUESTED
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.
ADVANCE CALCULATION
A.
Number of Units expected to be completed in 60 days:
B.
Line A times $6,769:
$
C.
Direct Charge Line Items for first 60 days:
$
D.
Subtotal of Lines B & C:
$
E.
Administrative expenses for first 60 days:
Administrative
exceed 5.25% of Line D
$
F.
Advance Requested (Total Lines D & E):
$
ADVANCE REQUEST FOR MORE THAN 60 DAYS
If the Recipient determines that it requires an advance amount to cover more than 60 days, it must complete the
above ADVANCE CALCULATION worksheet, include a written justification to support the exceptional
circumstances, and include a line item budget detail of the projected expenditure for consideration.
Note: Attachment J, SPECIAL CONDITIONS, of this Agreement outlines the Department - implemented
adjustment actions that can be taken if the Recipient fails to expend an amount equal to the amount of the
advance received commencing upon the Recipient's receipt of this fully executed Agreement.
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2013 WAP AGREEMENT
ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
A. Financial Management
Recipient warrants that its financial management system shall provide 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, un- obligated 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 shall be related to performance and unit cost data.
(5) Written procedures for determining 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.
B. Competition
Recipient warrants the following:
(1) All procurement transactions shall be done in a manner to provide open and free competition.
(2) 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.
(3) 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.
(4) 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.
C. Codes of Conduct
Recipient warrants the following:
(1) Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts.
Page 27
2013 WAP AGREEMENT
ATTACHMENT F (Continued)
WARRANTIES AND REPRESENTATIONS
(2) 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.
(3) 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.
(4) 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.
D. Business Hours
The Recipient warrants that it shall have its offices open for business, with the entrance door open to the public,
and at least one employee on site, on (days) 14naa V through FA y - , and from (times) VA _ to
SQtA r
E. Licensing and Permitting
Recipient warrants that all subcontractors or employees hired by Recipient shall have and maintain all licenses and
permits necessary to conduct the particular work for which they are hired by Recipient.
Page 28
2013 WAP AGREEMENT
ATTACHMENT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
AND VOLUNTARY EXCLUSION
(1) The prospective subcontractor of the Recipient,
by submission of this document, that neither it nor its principals is presently
certifies,
suspended,
proposed for debarment, declared ineligible, or voluntarily excluded fro participation in this transaction
by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to ce i to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Name and Title
street tiauress
City, State,
Date
Recipient's Name
DEO Contract Number
Page 29
2013 WAP AGREEMENT
ATTACHMENT H
STATEMENT OF ASSURANCES
The Recipient 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 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 dwellings to be weatherized will be given households consisting of (1) the elderly; (2)
persons with disabilities; (3) households with children under twelve; (4) households with recurring high energy bills
and; (5) households with high energy burden (LIHEAP referrals).
E. 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.
F. The Recipient will permit attendance by the Department's representatives at any meetings of the Recipient's
Board of Directors, executive committee or legislative body.
G. 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.
H. 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.
Page 30
2013 WAP AGREEMENT
ATTACHMENT
COUNTY ALLOCATIONS)
The financial allocation specified for each county by program is designated to be spent in that county. For multi -
county service area Recipients, 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(S) ALLOCATION AMOUNT
Monroe $18,792
Page 31
2013 WAP AGREEMENT
ATTACHMENT J
SPECIAL CONDITIONS
The following information provides guidance on the new requirements that have been incorporated into the 2013
WAP Agreement. These requirements include:
• Completing a Budget, Budget Detail and Schedule of Deliverables.
• Tracking and reviewing mid - agreement period reporting of actual costs for allowable Program Support
(PS) and Administration (Admin) activities.
• Tracking of Advance Expenditure by Department.
ATTACHMENT A, SCOPE OF WORK
The Recipient must complete the Budget, Budget Detail and the Schedule of Deliverables. Budgeting limitations
are:
a) The PS amount maybe less than but cannot exceed 30% of the total amount of materials and labor.
b) The Admin amount may be less than but cannot exceed 5.25% of the total Agreement amount.
Note: Neither PS or Admin expenditures can exceed the prescribed percentages when the
A is closed -out.
To determine the allowable activities that may be charged to the Program Support and Administration category,
refer to the applicable (Non - Profit or County Government) Guidance for Documentation and Support of Program
Support and Administrative Expenditures publication which is available at the Department's website:
htt Ilwww floridaiobs orgliob seekers co mmunity - services /community- services /weatherization assistance - prog
If additional funding is provided to the Recipient during this Agreement period, a revised Budget, Budget Detail and
Schedule of Deliverables will be required.
When submitting the monthly Financial Status Reports (FSR), the Recipient may exceed the prescribed PS or
Admin percentage as long as completed dwellings are also included. The Department shall perform monthly desk
audits and a mid- agreement period review of the Recipients charging in these two categories. The mid - agreement
review and the review process is outlined in the next section ( Attachment D REPORTS) of the Special Conditions.
ATTACHMENT D, REPORTS
The Recipient is required to track all expenditures to ensure that only actual costs for allowable expenditures are
reported on the monthly FSR.
By the 21" day of the 7` month of this Agreement, the Recipient shall submit:
a) A completed Monthly Expenditure Tracking Sheet (METS) to include all Program Support and
Administrative line item actual costs incurred by the Recipient through the 6` month.
b) A Revenue and Expenditure spreadsheet (or applicable fiscal supporting document) that will provide the
actual expenditure amounts per month to date that support the METS totals.
Note: The 6th month FSR cannot be processed if the METS and supporting documentation (i.e.,
spreadsheet) are not submitted. Future FSRs will not be accepted until the review and approval of the
supporting documentation is completed.
Page 32
2013 WAP AGREEMENT
ATTACHMENT J (Continued)
SPECIAL CONDITIONS
Upon receipt of these documents, Department staff will compare the FSR PS and Admin amounts with the METS
PS and Admin amounts and supporting spreadsheets. The Recipient will be notified if any other supporting
documentation is needed based upon the results of this review. If an on -site monitoring is warranted to resolve an
issue, it will be scheduled.
a) If the Recipient is exceeding the PS 30% threshold or the Admin 5.25% threshold it will then be required to
submit a 9th month METS along with a Revenue & Expenditure Report to date in the tenth (10` month.
b) After that review is completed, if the Recipient is still exceeding a threshold, the Recipient will be put on
notice that when the expenditure percentage is reached, no additional funding in that category (PS or
Admin) will be provided. The Recipient will continue weatherizing dwellings until all remaining funding
has been expended. Failure by the Recipient to expend all program funding by the end of the Agreement
period may result in it being placed in a probationary status for future WAP Agreements.
c) When the last FSR expending the remaining balance of funding in the Agreement is submitted to the
Department, the Recipient will provide a METS that includes all costs charged in the PS and Admin
categories along with the supporting spreadsheet. The Recipient cannot exceed the percentage caps for
either PS or Admin at the end of the Agreement period.
During the Agreement period, Department staff will be conducting an on -site monitoring visit to the Recipient. This
visit will include a review of the documentation (invoices, time sheets, office overhead, etc.) that supports the PS
and Admin charges reported for at least one FSR.
ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT
TRACKING OF ADVANCE EXPENDITURE
The Recipient is allowed to request an advance amount of Agreement funding to ensure timely payment of
contractors along with covering the initial operational/overhead costs for providing weatherization services.
However, any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes.
To ensure compliance with this directive:
a) The Department will compare the advance amount received by the Recipient with the total to date
expended amount on the Recipient's second FSR to determine if an amount equal to the advance amount
received has been expended.
b) If the Recipient has not expended an amount equal to the initial advance, Department staff will contact the
Recipient to determine if there is a reasonable justification for not meeting this goal. That justification
along with any supporting documentation shall be submitted in writing to the Department for review.
c) If the justification is not approved, an adjustment maybe made to the Recipient's reimbursement request
amount on the Recipient's second FSR. The requested reimbursement amount may be reduced by the
unexpended balance remaining on the advance. This reduction will lower the cash advance amount the
Recipient will have on hand to meet expenditures.
d) Adjustments to the advanced amount may be made at any time during the Agreement period when
appropriate.
Page 33
2013 WAP AGREEMENT
ATTACHMENT K
RECIPIENT INFORMATION FORM
Please complete all information applicable to your organization.
1. Recipient's full legal name:
C ounty Co mN�issi oN� 2s
2. The warrant will be mailed to the Recipient's address unless otherwise indicated:
m ect \ 1� P _ ecc
city V VV Zip Code: 3300 r
Telephone Ct a 35 b FAX Number:
3. Street Address (if different from above):
boo
116 P 9
4. Chief Elected Official:
&2or4e_ ( f-UQW
(Name)
. 33 o�Lp
Cok_ OIZ
(Title)
E -mail address: 1'�2WR �C ' Q2Ar4e�1'�►�1 COGCA -' I. FAX Number:
—
�
/
J
5. Executive Director:
her G ro hs-rv
)0&0_ ger\A c:e-'s
(Name) k
(Title)
E -mail address: r4 -5�"eY ( � M foe, CaU� �(. FAX Number: 3 u5� a4S ' y-35
q
9ov.
6. WAP Project Coordinator:
M ox te.�1� �2c' k.l e-Q
Case. Ma eI'
'
(Name)
(Title —agency de nation) ) '
FAX Number:
Telephone: 05 025
E -mail address: �{�� k� -M�I� n�
mfln� � -- c.T -ft 90 V .
7. Finance Director:
(Name)
(Title)
(Title)
_ W4 4 5
E -mail address: " 1`t Y►1� m?�fU ='
.�
�U'� `` FAX Number: 3Q! 3 G
q 1 0 V,
Page 34