05/20/2015 Agreement ' Qn IGINAL
STATE OF F1_..C_1211. A _
DEP ART MENT OF ECO NO MIC UYYOR - T LAI
WEATI IEKI A TIU N AS SISTANCE PRU GKAM
Ntaaab,r 93.568 15AA _A - - -t t<: 11-5-1-"1 "39
N umber:
PEDE RAL LA' - FUNDED S 13 GR AN"1' A GREEME NT
7 115 -AC ;AICI .a\1I-:IV - 1 - is catc-red itatc> by th, State <>f { 1<>rid:a, 1 ,pztrtxt+rtat cat I..c- c>txc>tiiic- C >ppurtuui U'_ with
Iaeadejttart,xs in 7?all:d a:aS SC l lc .rides, h,rcina fret rofa rred to as "IJISC>," and County of Monroe, h,rcinafter re ferrc -d to as
"1 (each ixacli..-iciuxlh a "1'art. aacl "the
"1 - 1115 .-AC3121ZILALIiN"1' TS 1LIV 1 IC1 -2..I IN'1Y> li_Ati1CI> ()Iv Al IIS 1'C >7 ,1.0 >AC "iN<1 IZIiPKICSI N " 1TC>NS:
\. 12eeip icat repr,sents that it is fink• cju:alib,cl and cligil el, lc) those gr:uat nc, services _
idcutitiecl herein; and
13. 171((1 these } *r nut Cunds fr<.na the- titatc c-if 1 -jail, anti has tlac autluari ta rc> ,itingrarat these ti++a cls tc>
Recipient upon the tcrxlaS a+ul coaditious hrlc>w; and
> has stattutory autlrcarity ro disburse- the funds uncler this _Agreenarut.
- IT I1L12IC1 t>RA.1, 1J7 LC> and Recipient agree to the I<)11 c) -iug:
(l) SCCJ PI'_ C >1'
Rccipieat Shall pert. >rna thew-c>rlc is ac -c>r dal), with .Attachaaent _A Scrap, cafVA c>rlc_ to this = Agreexucut_
(3) II CC)12PC A7'1(31,1 _ C'I. - 7__AAA - S Il l'1 -I _S 121 LC3 V7__A _ANI� I'()1 .TC
1Zecipicnt and I7iSC7 shall be governed by all :applicable titatc rules but
nc.t livaitcd [r - >, thc->so identified in . \ttachnacnt 13.
(3) 1 C>l= .AC I ?I ?IAIILN'1
phis :A grecnacn[ pericacl shall bcgiu can flay 1 21115_ and shall c-racl on D.iarch 31 3016, uul,ss teraairaat,d earlier in
accordance with the prr>visiertas c>E l' aragraph (13) c>t this .Agrec+aaont.
(h) IAIC >I7TI=IC.A "I'IC9N C3I'
I .itlacr Part a naav rccja.+cst auacliticatieera test flit provisions ref this : \grc,nac -tat. ISscept Liar btt.arraa-.al N 1cacliflcatic>us
subrnitt,c1 it) aeeorclaneer with. _\ttachtn,nt l3, +uc >dificatir Hess c)f provisions of this _- \grceriaetat shall oaly r,dtac
tc> writing and duly sigracd by th, Partirs.
(5) , \(.1171 "1 - S : \1 R1�C<_>1ZI7ti
(a) 12.edpierat's perforraaarac, uncicr this . \gr „r+acvat shall be Subject to the applicable rcy uiren�entS published in
th, "l'utt<ra-taa : \dntinist rat ive 1Zeeluir,tri•nts, C:e ast T'rtricipl,s and ALIclit 12eyuixrnaents Cc "- I ,decal . \warels (also Icu<awt) as the -
"Super Circular "), 2 C :1=K, Part 2, it)" (horeiaa Rer r, f,rt tea AS the "Super r:ireula r ")_ Tf this .A *rectnent is made w a
coaiaacreial (fr>r- prc.>t7t) organizaria>n on :a ,cast -rein al>urscnx -ut b:asis, F2c-cipiont shall be st+l>jcc to Icdcrul . \cyuisition
IZ,gulatioas_ 31 1;1'12 31.2 and -1R CI'K 931.3.
Qa) Recipient shad retain all recrards pertaining to this ,Agrre-aaeat, r,gardic-ss cif the t<araa c>C the record
paper, hlrra, recording, electre>nic_), including, but not limited te> ttnanci al rote >rds, suppcartiag dr>cuaarats, statistical recorcls, aacl
:axav other (h,r,in>aft,r rc terred to as "12occircis ") fcer a poric>cl cif five state t7scal vcars after all repc)rtirig
Pages 1 oI 56
requirements are satisfied and final payments have been received, or if an audit has been initiated and audit findings have not
been resolved at the end of this Live -year period, the Records shall be retained until resolution of the audit findings through
litigation or otherwise. Recipient shall cooperate with DEO to facilitate the duplication and transfer of such Records upon
request of DEO. The Live -year period may also be extended for the following reasons:
1. If any litigation or claim is started before the five -year period expires, and extends beyond the five -year
period, the Records shall be retained until all litigation and claims involving the Records have been resolved.
2. Records for the disposition of non - expendable personal property- valued at S5,000 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.
4. Any additional federal requirements identified in :Attachment :A, Scope of Work, of this Agreement.
(c) Recipient shall maintain all records for all subcontractors 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 Attachment A to this :Agreement as well as all other applicable laws and regulations.
(d) Representatives of DEO, thc Chief Financial Officer of the State of Florida, the _ General of the State
of Florida, the Florida Office of Program Policy Analysis and Government .Accountability or representatives of the federal
government and their duly authorized representatives shall have access to any of Recipient's Records for the purposes of
conducting audits, examinations, investigations, or making excerpts or transcriptions.
(e) Recipient may, per Rule 1B- 24.003(9)(a), Florida Administrative Code, alloys its public records to be stored
through electronic recordkeeping systems as substitutes for the original or paper copy.
(f) Recipient shall maintain books, records, and documents in accordance with generally accepted accounting
principles and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this
_Agreement.
(g) Records pertaining to this .Agreement shall be available at reasonable times for inspection, review, or audit by
state personnel and other persons authorized by DEO. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m.
to 5:00 p.m., local time, Monday through Friday.
(h) If Recipient's expenditures of state financial assistance and /or federal awards during its applicable fiscal year(s)
require it to conduct an audit in accordance with Exhibit 1 to this :Agreement, such audit shall comply with all applicable
requirements of Exhibit 1 to this Agreement and section 215.97, F.S., or 2 CFR part 200, subpart F, as applicable, and
Recipient shall ensure that all related party transactions are disclosed to the auditor.
(i) Recipient shall include the aforementioned audit and record - keeping requirements in all subcontracts and
assignments.
(j) Recipient shall have each required audit completed by an independent certified public accountant (IPA), either
a certified public accountant or a public accountant licensed under chapter 473, F.S., and ensure that all related party
transactions are disclosed to the auditor. The IPA shall state that the audit complied with thc applicable provisions noted in
Exhibit 1 to this Agreement.
(k) The reporting packages for required audits must be timely submitted in accordance with the requirements of
Exhibit -1, Audit Requirements, of this Agreement and the applicable laws, rules and regulations referenced therein. The
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requirements of 2 CFR 200512, Report Submission, are applicable to audits of federal awards conducted in accordance with
Subparagraph (5) (h) above.
(1) If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the
conditions of this Agreement and applicable regulations, Recipient shall be held liable for reimbursement to DEO. Such
reimbursement shall be sent to I)1?O, by Recipient, within thirty calendar days after DEO has notified Recipient of such non-
compliance.
(m) Within sixty calendar days of the close of Recipient's fiscal year, on an annual basis, Recipient shall
electronically submit a completed Audit Compliance Certification (a version of this certification is attached hereto as Exhibit 2,
.Audit Compliance Certification, of this agreement) to audit(ifjdeotaivflorida.com. Recipient's timely submittal of one
completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g.,
contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.)
between DEO and Recipient.
(6) INFORNLVfION RELEASE AND PUBLIC RECORDS REQUIREIv11?NTS:
(a) In addition to Recipients' responsibility to directly respond to each request it receives for records made or
received by Recipient in conjunction with this Agreement and to provide the applicable public records in response to such
request, Recipient shall notify DEO of the receipt and content of such request by sending an e -mail to
PRRequest@deo.myflorida.com within one (1) business day from receipt of such request.
(b) Recipient shall allow public access to all documents, papers, letters or other materials made or received by
Recipient in conjunction with this Agreement, unless the records are exempt from section 24(a) of Article I of the State
Constitution and section 119.07(1), F.S. For records made or received by Recipient in conjunction with this Agreement,
Recipient shall respond to requests to inspect or copy such records in accordance with chapter 119, F.S. For all such requests
for records that arc public records, as public records are defined in section 1 19.011, F.S., Recipient shall be responsible for
providing such public records per the cost structure provided in chapter 119, F.S., and in accordance with all other
requirements of chapter 119, F.S., or as otherwise provided by lacy.
(c) This Agreement may be terminated by DEO for refusal by Recipient to comply with Honda's public records
laws or to allow public access to any public record made or received by Recipient in conjunction with this Agreement.
(d) If for purposes of this Agreement, Recipient is a "contractor" as defined in s. 119.0701(1)(a), F.S., Recipient
shall transfer, at no cost to DEO, all public records upon completion or termination of this Agreement, and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All
electronic records shall be provided to DE() in a DEO- compatible fort
(e) Recipient shall notify DE() verbally within 24 chronological hours and in writing within 72 chronological
hours if any data in Recipient's possession related to this Agreement is subpoenaed or improperly used, copied, or removed
(except in the ordinary course of business) by anyone except an authorized representative of DEO. Recipient shall cooperate
with DEO, in taking all steps as DE() deems advisable, to prevent misuse, regain possession, or otherwise protect the State's
rights and the data subject's privacy.
(f) Recipient acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating to public records
and that reports, invoices, and other documents Recipient submits to DEO under this Agreement may constitute public
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records under Florida Statutes. Recipient shall cooperate with DI :C) regarding DEO's efforts to comply with the requirements
of chapter 119, F.S.
(g) If Recipient submits records to DEC) that are confidential and exempt from public disclosure as trade secrets
or proprietary confidential business information, such records should be identified as such by Recipient prior to submittal to
DIE:O. Failure to identify the legal basis for each exemption from the requirements of chapter 119, F.S., prior to submittal of
the record to DEO serves as Recipient's waiver of a claim of exemption.
(7) EIIPIX)YMEN1' ELIGIBLFIY VERIFICATION
(a) Executive Order 11 -116, signed May 27, 2011, by the Governor of Florida, requires DEO's subgrant
agreements in excess of nominal value, if applicable, to expressly require Recipient to:
1. Utilize the U. S. Department of I lomeland Security's E- Verify system to verify the employment eligibility
of all new employees hired by Recipient during this Agreement term; and,
2. Include in all subcontracts under this agreement, the requirement that subcontractors performing work or
providing services pursuant to this agreement utilize the E- Verify system to verify the employment eligibilit<- of all new
employees hired by the subcontractor during the term of the subcontract.
(b) E-Verifv is an Internet -based system that allows an employer, using information reported on an employee's
Form I -9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United
States after the effective date of the required Memorandum of Understanding (i\IOU); the responsibilities and elections of
federal contractors, however, may vary, as stated in article II.D.1.c. of the i\IOU. There is no charge to employers to use E-
Verif the Department of Homeland Security's E- Verify system can be found at
http: / /wwv.dhs.goy / files/programs /gc 1185221678150.shtm.
(c) If Recipient does not have an 1'.- Verify \IOU in effect, Recipient must enroll in the E- Verify system prior to
hiring any new employee after the effective date of this .agreement.
(8) REPORTS
Recipient shall provide DEO with all required reports as set forth in attachment D to this Agreement.
(a) If all required reports and copies are not sent to DEO, or are not completed in a manner acceptable to DEO,
DEO may withhold further payments until such reports are completed or DEO may take other action as stated in Paragraph
(12) of this Agreement. "Acceptable to DEO," means that the reports were completed in accordance with the attachments of
this Agreement.
(b) Recipient shall provide additional program updates, reports, and information as may be required by DEO.
(9) MONITORING
(a) To ensure that the Scope of Work and other performance goals are being achieved, 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.
(b) In addition to reviews of audits conducted in accordance with Paragraph (5) above, monitoring procedures
may include, but not be limited to, on -site visits by DEO staff, limited scope audits, and other procedures.
(c) Recipient, and all subrecipients, agree to comply with the most recent monitoring manual provided by DEO,
and cooperate with any monitoring procedures /processes deemed appropriate by DIE. In the event that DE() determines
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that a limited scope review of Recipient is appropriate, Recipient agrees to comply wvith any additional instructions provided by
DE() regarding such review.
(d) 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_
(e) DEO will monitor the performance and financial management by Recipient throughout the Agreement term
to ensure timely completion of all tasks.
(10) INDEy[NIFICATION; INDEPI?NDENT CONTRACTOR STATUS
US
(a) Unless Recipient is a state agency or subdivision, as defined in section 768.28, F.S., Recipient shall be fully
liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless
the State and DLO, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and
description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible
property alleged to be caused in whole or in part by Recipient, its agents, employees, partners, or subcontractors, provided,
however, that Recipient shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or
omission of the State or DLO.
Any Recipient which is a state agency or subdivision, as defined in section 768.28, F.S., agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against DEO, and agrees to be liable
for any damages proximately caused by its acts or omissions to the extent set forth in Section 768.28, F.S. 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.
(b) For purposes of this _-lgreement, Recipient agrees that it is not an employee or agent of DEO, but is an
independent contractor. DLO shall neither have nor exercise any control or direction over the methods by which Recipient
shall perform its work and functions other than as provided herein. Nothing in this Agreement is intended to or shall be
deemed to constitute a partnership or joint venture between the Parties. Recipient shall not represent to others that, as
Recipient, it has the authority to bind DEO unless specifically authorized to do so. Recipient agrees to take such actions as
may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be
considered or permitted to be an agent, servant, joint venturer, or partner of DLO or the State of Florida. DEO shall not be
responsible for withholding taxes with respect to Recipient's compensation hereunder. Recipient shall have no claim against
DEO for vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits,
reemployment assistance benefits, or employee benefits of any kind. Recipient shall ensure that its employees,
subcontractors, and other agents, receive benefits and necessary insurance (health, workers' compensation, reemployment
assistance benefits) from an employer other than the State of Florida. Recipient, at all times during the Agreement, must
comply with the reporting and Reemployment :\ssistance contribution payment requirements of chapter 443, ES.
(11) DEFAULT
If any of the following events occur ( "Events of Default "), DEO shall have the right to terminate further
payment of funds under this Agreement, and DEO may exercise any of its remedies set forth in Paragraph (12) of this
_Agreement. Flowever, DEO 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:
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(a) If any warranty or representation made by Recipient in this _Agreement, or any previous agreement with DEO
is, or becomes, false or misleading in am respect, or if Recipient fails to keep or perform any of the obligations, terms or
covenants in this .Agreement or any previous agreement with DEO and has not cured them in timer fashion, or is unable or
unwilling to meet its obligations under this .Agreement;
(b) If material adverse changes occur in the financial condition of Recipient at any trine during the term of this
_Agreement, and Recipient fails to cure this adverse change within thirty calendar days from the date written notice is sent by
DEO;
(c) If am reports required by this :Agreement have not been submitted to DEO or have been submitted with
incorrect, incomplete, or insufficient information; or
(d) If Recipient has failed to perform and complete in timely fashion any of its obligations under Agreement.
(12) REIIEDIES
If an Event of Default occurs and DI?O provides written notice to Recipient, D1'.0 may exercise any one or
more of the following remedies, either concurrently or consecutively:
(a) 'Terminate this .Agreement, if 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) Exercise anv corrective or remedial actions, to include but not be limited to:
1. Request additional information from 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 Recipient to suspend, discontinue, or refrain from incurring costs for any activities in question, or
4. Require Recipient to reimburse DEO for the amount of costs incurred for any items determined to be
ineligible; and
(e) Exercise any other rights or remedies which may be otherwise available under law.
Pursuing anv of the above remedies will not keep DEO from pursuing any other remedies in this Agreement or
provided at law or in equity. If DI':O waives any right or remedy in this Agreement, or fails to insist on strict performance by
Recipient, it will not affect, extend or waive any other right or remedy of DI :O, or affect the later exercise of the same right or
remedy by DEO for any other default by Recipient.
(13) TERMINATION
(a) DEO may terminate this Agreement for cause with thirty (30) calendar days written notice. Cause includes
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 (30) calendar days from receipt of the notice, or refusal by Recipient to permit
public access to anv document, paper, letter, or other material subject to disclosure under chapter 119, F.S., as amended. The
rights and remedies of DEO in this clause are in addition to any other rights and remedies provided by law or under this
Agreement. Recipient shall not be entitled to recover any cancellation charges.
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(b) DI:O may terminate this Agreement for convenience or when it determines, in its sole discretion that
continuing this :Agreement would not produce beneficial results in line with the further expenditure of funds, by providing
Recipient with thirty (30) calendar days prior written notice. Recipient shall not furnish any product after it receives the notice
of termination, except as necessary to complete the continued portion of this _Agreement, it authorized in writing. Recipient
shall not be entitled to recover any cancellation charges.
(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 this Agreement.
(d) If DEO issues a notice of Event of Default, Recipient shall stop incurring new obligations upon receipt of
the notice. If DEO determines that Recipient has cured the Event of Default within the thirty -day cure period, DEO will
provide notice to Recipient that it may resume incurring new obligations. Costs incurred for new obligations after receipt of a
notice of Event of Default and until receipt of notice that it may resume incurring new obligations will be disallowed. If this
_Agreement is terminated by DI:) because of Recipient's breach, such termination shall not relieve Recipient of liability under
this _Agreement DEO may to the extent authorized by lays withhold payments to Recipient for the purpose of set -off until
the exact amount of damages due DEO from Recipient is determined.
(14) NOTICE AND CONTACT
(a) All notices provided by Recipient under or pursuant to this .Agreement shall be in writing to DSO's Grant
Manager and delivered by standard mail or electronic mail using the contact information provided in Subparagraph 14(b)
below.
(b) The name and address of DSO's Grant Manager for this Agreement is:
Jennie Leigh Copps, Grant i\1anager
Department of Economic Opportunity
Division of Community Development
Bureau of Community Assistance
107 East Madison Street, MSC 400
Tallahassee, Florida 32399 -4120
Email: jennie.copps @deo.mvflorida.com
Phone: 850- 717 -8462
(c) The name and address of Recipient's Representative responsible for the administration of this Agreement is
stated in :Attachment M 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 Subparagraph (14)(a),
above.
(15) SUBCONTRACTS
(a) Recipient shall not subcontract any of the work required under this Agreement prior to receiving DSO's
confirmation that the proposed subcontract imposes the following requirements on subcontractor:
1. Subcontractor is bound by the terms of this .Agreement, and each subcontract shall specifically include the
requirements of Paragraph (5), AUDI'T'S AND RECORDS.
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2. Subcontractor is bound by all applicable state and federal laws and regulations;
3. Subcontractor shall indemnify and hold 1)1:O 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 by law; and
4. Subcontractor shall disclose to Recipient and D1',0 if it is on the Convicted Vendor List identified in
section 287.133(2), ES., or the Discriminatory Vendor List identified in section 287.134(2), ES.
(b) for each subcontract, Recipient shall provide a written statement to DF,0 as to whether that subcontractor is
a certified minority business, as defined in section 287.0943, F.S.
(c) In addition, prior to entering into a contract with any subcontractor to be paid with funds under this
Agreement, Recipient shall submit to DEO the completed _Attachment G to this Agreement.
(16) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties.
(17) A"V1'ACHNIENTS AND EXHIBTT'S
(a) All attachments and exhibits to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,
the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(c) This Agreement has the following attachments and exhibits (check all that are applicable):
• Exhibit 1 - Audit Requirements
® Exhibit 1 -A — Funding Sources
® Exhibit 2 — Audit Compliance Certification
® Exhibit 3 —Federal Requirements
® Attachment A - Scope of Work
• Exhibit 1 to Attachment A - Budget Directions
® Exhibit 2 to Attachment A — Budget
® Exhibit 3 to Attachment A — Budget Detail
® Exhibit 4 to Attachment A — Schedule of Deliverables
® Attachment B - Program Statutes and Regulations
® Attachment C — Recordkeeping
® Attachment D - Reports
® Attachment R - Justification of Advance
® Attachment F - Warranties and Representations
® Attachment G - Certification Regarding Debarment
® Attachment II — Statement of Assurances
® Attachment 1 - County Allocations
® Attachment] - Special Conditions
® Attachment h — Property Management and Procurement Reports
® Attachment 1. — Trafficking Victims Protection Act of 20OO
® _Attachment 1\I - Recipient Information Form
(18) FUNDING /CONSIDERATION
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(a) This is a cost - reimbursement agreement. Recipient shall be reimbursed for costs incurred in the satisfactory
performance of work hereunder in an amount not to exceed $11,307.00, subject to the availability of funds and appropriate
budget authority.
(b) .Any advance payment under this .Agreement is subject to section 216.181(16), F.S. The amount which may
be advanced may not exceed the expected cash needs of Recipient within the first Nyo months of the term of this _Agreement.
Am advance payment is also subject to the Super Circular 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 I:. . \ttachment E will specify the amount of advance payment needed and provide an
explanation Of the necessity for and proposed use of these funds.
(c) Recipient must expend an amount equal to or greater than the amount of the initial advance within the first
two months of the term of this \greement. If Recipient has not expended an amount equal to the initial advance by the end of
•
the first two months of the term of this .Agreement, Recipient shall submit a written explanation to DEO.
(d) After the initial advance, if any, payment shall be made on a cost - reimbursement basis.
(e) 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 (20)(f)
of this _Agreement, all obligations on the part of 1)I :O to make any further payment of funds shall terminate, and Recipient
shall submit its closeout report within thirty calendar days of receiving notice from
(f) Recipient and its subcontractors may only expend funding under this _Agreement for allowable costs resulting
from obligations incurred during the .Agreement period.
(g) Recipient shall refund to DEO any balance of unobligated funds which has been advanced or paid to
Recipient.
(h) Recipient shall refund to DEO all funds paid in excess of the amount to which Recipient or its subcontractors
are entitled under the terms and conditions of this .Agreement.
(19) REPAYMENTS
(a) All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of
"Department of Economic Opportunity" and mailed directly to DEO at the following address:
Department of I'iconomic Opportunity
Division of Community Development
Bureau of Community _Assistance
107 East Madison Street, MSC 400
"Tallahassee, Florida 32399 -4121)
In accordance with section 215.34(2), F.S., if a check, or other draft, is returned to DEO for collection, Recipient
shall pay to DE() a service fee of Fifteen Dollars ($13.00) or Five Percent (5 u) of the face amount of the returned cluck or
draft, whichever is greater.
(b) If Recipient's non - compliance with any provision of this Agreement results in additional cost or monetary loss
to DEO or the State of Florida, DEO can recoup that cost or loss from monies owed to Recipient under this .Agreement or
any other Agreement between Recipient and any State entity. In the event that the discovery of this cost or loss arises when
no monies are available under this Agreement or any other Agreement between Recipient and any State entity, Recipient will
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repay such cost or loss in full to DEO within thirty (311) days of the date of notice of the amount owed, unless DEO agrees, in
writing, to an alternative timcframc.
(20) MANDATED CONDITIONS .AND 0T1 11',R LAWS
S
(a) The validity of this _Agreement is subject to the truth and accuracy of all the information, representations, and
materials submitted, or provided, by Recipient in this Agreement, in any later submission or response to a 1)I'.0 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 may, at the option of
DEO, and within thirty calendar days written notice to Recipient, cause the termination of this Agreement and the release of
DEO from all its obligations under this _Agreement.
(b) Recipient agrees that this :Agreement is executed and entered into in the State of Florida, and shall be
construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida.
Each Party shall perform its obligations herein in accordance with the terms and conditions of this .Agreement. Without
limiting the provisions of Paragraph (11), Default, the exclusive venue of any legal or equitable action that arises out of or
relates to this Agreement shall be the appropriate state court in Leon County, Florida; in any such action, the Parties waive any
right to jury trial.
(c) Any power of approval, or disapproval, granted to DEO under the terms of this .Agreement shall survive the
term of this Agreement.
(d) This :Agreement may be executed in any number of counterparts each of which shall be an original and all of
which shall constitute but one and the same instrument
(e) Recipient agrees to comply with the .Americans With Disabilities _Act (Public Law 101 -336, 42 U.S.C. section
12101, et seq.), and the Florida Civil Rights and Fair I Iousing .Acts (sections 760.01 — 760.37, ES.), 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) 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, F.S., or the Florida
Constitution.
(g) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof.
(h) Any bills for travel expenses shall be submitted in accordance with section 112.061, F.S.
(i) If Recipient is allowed to temporarily invest any advances of funds under this .Agreement, any interest income
shall be returned to DEO.
(j) Recipient is subject to Florida's Government in the Sunshine Law (section 286.011, I.S.) with respect to the
meetings of Recipient's governing board to discuss, receive recommendations, or take action required pursuant to this
Agreement, or the meetings of any subcommittee making recommendations to the governing board regarding matters
pursuant to this Agreement. 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, F.S.
Page 10 of 56
(k) ,A11 unmanufactured and manufactured articles, materials, and supplies which are acquired for public use
under this :Agreement must have been produced in the Lnited States as required under 41 C section 1Oa, unless it would
not be in the public interest or unreasonable in cost.
(1) DE',O shall ensure compliance with section 11.1162, F.S., and section 216.347, F.S. The use of funds under this
_Agreement for the purpose of lobbying the Florida Legislature, the judicial branch, or any state agency is prohibited pursuant
to section 216.347, F.S. Recipient shall not, in connection with this or any other agreement with the State, directly or
indirectly: (1) offer, confer, or agree to confer any pecuniary benefit on anvone as consideration for any State officer or
employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty; or (2)
offer, give, or agree to give to anvone any gratuity for the benefit of, or at the direction or request of, any State officer or
employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of
cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits Of money, services, employment, or
contracts of any kinds. Lpon request of DIE's Inspector General, or other authorized State official, Recipient shall provide
any type of information the Inspector General deems relevant to Recipient's integrity or responsibility. Such information may
include, but shall not be limited to, Recipient's business or financial records, documents, or files of any type or form that refer
to or relate to this Agreement. Recipient shall retain such records for the longer of: (1) five years after the expiration of this
:Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State
available at: hops: // dlis .dos.state.fl.us /recordsmgmt /gen records schedules.cfm.
(m) Recipient agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector
General or other authorized State official for investigations of Recipient's compliance with the terms of this or any other
agreement between Recipient and the State which results in the suspension or debarment of Recipient_ Such costs shall
include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert
witness and documentary fees. Recipient shall not be responsible for am costs of investigations that do not result in
Recipient's suspension or debarment.
(n) Public Entity Crime: Pursuant to section 287.133(2)(a), I.S., a person or affiliate who has been placed on the
Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 any public entity and may not transact business with any public entity in excess of the threshold amount
provided in section 2871)17, F.S., for Category Two for a period of thirty -six (36) months from the date of being placed on the
convicted vendor list. Recipient affirms that it is aware of the provisions of section 287.133(2)(a), P.S., and that at no time as
Recipient been convicted of a Public Entity Crime. Recipient agrees that it shall not violate such law and further acknowledges
and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement in
accordance with section 287.133(4), F.S.
(o) :Advertising: Subject to chapter 119, F.S., Recipient shall not publicly disseminate any information concerning
this .-Agreement without prior written approval from DI :O, including, but not limited to mentioning this Agreement in a press
release or other promotional material, identifying DLO or the State as a reference, or otherwise linking Recipient's name and
either a description of this Agreement or the name of DIE or the State in any material published, either in print or
Page 11 of 56
electronically, to any entity that is not a Party to this .Agreement, except potential or actual authorized distributors, dealers,
resellers, or service representatives.
(p) Sponsorship: As required by section 286.23, I.S., if Recipient is a nongovernmental organization which
sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in
publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by Recipient's name] and the State
of Florida, Department of I :conomic Opporniity." If the sponsorship reference is in written material, the words "State of
Florida, Department of I :conomic Opportunit" shall appear in the same size letters or r,-pe as the name of the organization.
(q) Mandatory Disclosure Requirements:
1. Conflict of Interest: This Agreement is subject to chapter 112, F.S. Recipient shall disclose the name of any
officer, director, employee, or other agent who is also an employee of the State. Recipient shall also disclose the name of any
State employee who owns, directly or indirectly, more than a five percent (3" (,) interest in Recipient or its affiliates.
2. Convicted Vendors: Recipient shall disclose to DEO if it is on the Convicted Vendor bust. _A person or
affiliate placed on the Convicted Vendor list following a conviction for a Public 1:ntit Crime is prohibited from doing any of
the activities listed in Subparagraph (20)(n) above for a period of 36 months from the date of being placed on the Convicted
Vendor List.
3. Vendors on Scrutinized Companies lists: If this :Agreement is in the amount of S1 million or more, in
executing this •Agreement, Recipient certifies that it is not listed on either the Scrutinized Companies with :Activities in Sudan
List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section
213.473, F.S.
a. Pursuant to section 287.133(3), F.S., 1)X1) may immediately terminate this .Agreement for cause if
Recipient is found to have submitted a false certification or if Recipient is placed on the Scrutinized Companies with _Activities
in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum 1:nergy Sector List during the term of this
Agreement.
b. If DI :C) determines that Recipient has submitted a false certification, DEC) will provide written notice
to Recipient. Unless Recipient demonstrates in writing, within ninety days of receipt of the notice, that DSO's determination
of false certification was made in error, DEO shall bring a civil action against Recipient. If DEO's determination is upheld, a
civil penalty equal to the greater of $2 million or twice the amount of this _Agreement shall be imposed on Recipient, and
Recipient will be ineligible to bid on any contract with an agency or local governmental entity for three (3) years after the date
of DEO's determination of false certification by Recipient.
c. In the event that federal law ceases to authorize the states to adopt and enforce the contracting
prohibition identified herein, this provision shall be null and void.
4. Discriminatory Vendors: Recipient affirms that it is aware of the provisions of section 287.134(2)(a), I.S.,
and that at no time has Recipient been placed on the Discriminatory Vendor list. Recipient further agrees that it shall not •
violate such law during the term of this .Agreement. Recipient shall disclose to DEO if it appears on the Discriminatory
Vendor List An entity or affiliate placed on the Discriminatory Vendor list pursuant to section 287.134, F.S., may not:
a. Submit a bid on a contract to provide any goods or services to a public entity;
b. Submit a bid on a contract with a public entity for the construction or repair of a public building or
public work;
Page 12 of 56
c. Submit bids on leases of real property to a public entity; or
d. Be awarded or perform work as a contractor, supplier, sub - contractor, or consultant under a contract
with any public entity; or transact business with any public entity.
(r) Abuse, Neglect, and 1::xploitation Incident Reporting:
In compliance with sections 392(11 and 415.11)34, I.S., an employee of Recipient who knows or has reasonable
cause to suspect that a child, aged person, or disabled adult is or has been abused, neglected, or exploited shall immediately
report such knowledge or suspicion to the Florida Abuse 1lotline by calling 1- 8(10- 96_\BUSE, or via the web reporting option
at http: / /wwvv.dcf.state.fl.us /abuse /report /, or via fax at 1 -80(1- 914 - 0004.
(21) FEDERAL REQUIRI?MENTS PERTAINING TO LOBBYING
(a) Federal grant funds provided under this :Agreement may not be used by any Recipient or Subcontractor to
support lobbying activities to influence proposed or pending 1 ederal 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 CI'R part 93).
(b) Recipient certifies, by the authorized representative's signature to this agreement, that to the best of its
knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of Recipient, to any
person for influencing or attempting to influence an officer or employee of any federal 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.
(c) 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 federal 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, Recipient shall complete and submit Standard Form- I_I.L, "Disclosure Form to Report Lobbying."
(d) Recipient shall comply with the requirements of Section 1352, "Title 31 U.S.C., and require all
subrecipients of subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
to comply with Section 1352, Title 31, U.S.C. In addition, Recipient shall ensure that all subawards contain the certification set
forth in Subparagraph (21)(b) above and the content of Subparagraph (21)(c) above. Recipient shall require that all
Subcontractors provide such certifications and, when applicable, subunit the completed Disclosure Form to Report Lobbying.
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. any person who
makes an expenditure prohibited by Subparagraph (21)(b) or fails to file or amend the declaration required by Subparagraph
(21)(c) shall be subject to a civil penalty of not less than S1(l,(10(1 and not more than $100,00(1 for each such expenditure and
such failure.
(22) COPYRIGHT, PATENT AND TRADEI\L \Rli
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 Recipient to the State of Florida.
Page 13 of 56
(a) If Recipient has a pre - existing patent or copyright, Recipient shall retain all rights and entitlements to that
pre - existing patent or copyright unless this 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 sway connected with it, Recipient shall refer the discovery or invention to DEO 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, Recipient shall notify D1'.0. Any copyrights accruing under or in connection with the performance
under this Agreement are transferred by Recipient to the State of Florida.
(c) Within thirty- days of execution of this .Agreement, 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. 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. DI:O shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of this Agreement.
(23) LEGAL AUTI IORIZATION
(a) Recipient certifies that it has the legal authority to receive the funds under this Agreement and that it's
governing body has authorized the execution and acceptance of this :Agreement. Recipient also certifies that the undersigned
person has the authority to legally execute and bind Recipient to the terms of this .Agreement.
(b) Prior to execution of this Agreement, Recipient must disclose all prior or on -going civil or criminal litigation,
investigations, arbitration or administrative proceedings (Proceedings) involving Recipient (and each subcontractor) in a
written statement to D1:O's Grant Manager. 'Thereafter, Recipient has a continuing duty to promptly disclose all Proceedings
upon occurrence.
This duty of disclosure applies to Recipient's or subcontractor's officers and directors when any Proceeding
relates to the officer or director's business or financial activities. Details of settlements that are prevented from disclosure by
the terms of the settlement may be annotated as such.
(24) ASSURANCES
Recipient shall comply with any Statement of .Assurances incorporated as Attachment II.
(25) PURCI LASING
(a) Prison Rehabilitative Industries and Diversified h:nterprises, Inc. (PRIDE): In accordance with section
946.515(6), F.S., if a product or service required for the performance of this Agreement is certified by or is available from
PRIDE and has been approved in accordance with section 946.515(2), F.S., the following statement applies:
It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this
contract shall be purchased from the corporation identified under chapter 946, Florida Statutes, in the same
manner and under the same procedures set forth in section 946.515(2) and (4), Florida Statutes; and for
purposes of this contract the person, firm or other business entity carrying out the provisions of this contract
shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned.
The above clause is not applicable to subcontractors unless otherwise required by law-. Additional information
about PRIDE and the products it offers is available at littp://www.pride-enterprises.org.
Page 14 of 56
(b) Products Available from the Blind or Other Handicapped (RI :SP1 In accordance with section
413.1136(3), F.S., if a product or service required for the performance of this _Agreement is on the procurement list established
pursuant to section 413.035(2), F.S., the following statement applies:
It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this
contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is
qualified pursuant to chapter 413, Florida Statutes, in the same manner and under the same procedures set
forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract, the person, firm or
other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state
agency insofar as dealings with such qualified nonprofit agency are concerned.
_Additional information about the designated nonprofit agency and the products it offers is available at
http: / /www.respectoftlorida.org.
(c) Recipient agrees to procure any recycled products or materials which are the subject of or are required to carry
out this .Agreement in accordance with section 403.7065, F.S.
(26) SEVERABII,I17°
If any provision, in whole or in part, of this Agreement is held to be void or unenforceable by a court of
competent jurisdiction, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise
unenforceable, and all other provisions remain in full force and effect.
Remainder of Pcre. In/en /iona /i) li' /i Blank
•
Page 15 of 56
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
IN \VI'I'N1SS WHEREOF, , the Parties have executed this .Agreement by their duly authorized officers on the day,
month, and year set forth below.
RECIPIENT STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
County of Monroe
(Type Legal Name of Recipient)
?
Mir
nn k0 1 h aC e 0 0 �--
William B. hillingswortl, Director
(Type Name and Title I - �te)� Division of Community Development
Date: 51201 (S Date:
5 - 9 - 60007 4 9 Approved as to form and legal
Federal Identification Number sufficiency, subject only to full and
proper execution by the Parties.
013;616 151
DUNS* Number Office of the General Counsel
Departmc it of Economic Opportunity
*Data Universal Numbering System
Kr)
.e�
AAA M _ \ppro\ed Date: LE' - /67- N `
x� 2
r �
o b t i 1`f yEy
f 1f L% �
�c 1 mini:
f �" f l"i ,01
DEP : ,'CLERIC L c cj
Drat _ _ - S /5 Page 16 of 56
FY 2015 WAPAGREEMENT
EXHIBIT 1
AUDIT REQUIREMENTS
The administration of resources awarded by DI ?O to Recipient may be subject to audits and /or monitoring by DI'.O as
described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular _A -133 and Section 215.97, ES., as revised (see
"AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits bv DEO staff, limited scope
audits as defined bv OMB Circular :\ -133, as revised, and /or other procedures. By entering into this agreement, Recipient
agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by D1O. In the event DIE
determines that a limited scope audit of Recipient is appropriate, Recipient agrees to comply with any additional instructions
provided by DIE staff to Recipient regarding such audit. Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or ;Auditor General.
• A UDITS
PART I: FEDERALLY FUNDED
'Phis part is applicable if Recipient is a State or local government or a non - profit organization as defined in OMB Circular . \-
133, as revised.
1. In the event that Recipient expends S300,000 00.000 /or (iscu/ )cai7 ending c4Jler December 31. 2003) or more in Federal
awards in its fiscal year, Recipient must have a single or program - specific audit conducted in accordance with the
provisions of Oi\{B Circular A -133, as revised. IA1IIBI'1' 1 -A to this agreement indicates federal resources awarded
through DI'.O by this agreement. In determining the Federal awards expended in its fiscal year, Recipient shall
consider all sources of Federal awards, including federal resources received from DEO. The determination of
amounts of Federal awards expended should be in accordance with the guidelines established by OIIB Circular .A-
133, as revised. An audit of Recipient conducted by the .Auditor General in accordance with the provisions of OMB
Circular :A -133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, Recipient shall fulfill the requirements
relative to auditee responsibilities as provided in Subpart C of OMB Circular .\ -133, as revised.
3. If Recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) 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 Recipient expends less than S300,000 (S500,000 for fiscal years ending after December 31,
2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of
OMB Circular :\ -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such
an audit must be paid from Recipient resources obtained from other than Federal entities).
Page 17 of 56
4. Although the audit provisions of OMB Circular _A -133 ordinarily do not applv to for - profit sub recipients, in the case
of Federal funding provided bv the LS. Department of I Iealth and I luman Services, Circular A -133 does applv. See
45 C.F.R. 74.26 for further details.
5. .\ web site that provides links to several federal Single _Audit .Act resources can be found at:
http: / /hai cster.census.goe /sac /sainfo.html.
PART II: STATE FUNDED
This part is applicable if Recipient is a non -state entity as defined by Section 215.97(2), 1'.S.
1. In the event that Recipient expends a total amount of state financial assistance equal to or in excess of S500,000 in any
fiscal year of such recipient (for fiscal tears ending September 30, 2004 or thereafter), Recipient must have a State
single or project- specific audit for such fiscal year in accordance with Section 215.97, 1'.S.; applicable rules of the
Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the :Auditor General. FX11IBIT 1 -.1 to this agreement indicates state financial
assistance awarded through DEO bv this agreement. In determining the state financial assistance expended in its
fiscal year, Recipient shall consider all sources of state financial assistance, including state financial assistance received
from DEO, other state agencies, and other non -state entities. State financial assistance does not include Federal direct
or pass - through awards and resources received by a non -state entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, Recipient shall ensure that the audit
complies with the requirements of section 215.97(8), 1'.S. This includes submission of a financial reporting package as
defined bv section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the .Auditor General.
3. If Recipient expends less than S500,000 in state financial assistance in its fiscal year (for fiscal tears ending September
30, 2004 or thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required.
In the event that Recipient expends less than 5500,000 in state financial assistance in its fiscal tear and elects to have
an audit conducted in accordance with the provisions of section 215.97, 1'.S., the cost of the audit must be paid from
the non -state entity's resources (i.e., the cost of such an audit must be paid from Recipient's resources obtained from
other than State entities).
4. Additional information regarding the Florida Single _Audit Act can be found at:
http: / /vti'vw.mvflorida.com /fsaa /statutes.html.
PART III: OTHER AUDIT REQUIREMENTS
•
(N077.: This part would be used to Jpeci /}' any additional audit requirements imposed by the .State awarding entity that are solely a
matter o% that State awarding entity's polio' (i.e.. the audit is not required by 1 ederal or Stale laws and is not in eon//ict with other }'edeml
or State audit requirements). Pinsuant to Section 21 5.978), ES., State agencies may conduct or arrzange for audits of state /financial
assistance that are in addition to audits conducted in accordance with .Section 215.97. 1 Gr such an event. the State awarding agency
must arrange Jo the JO cost ?Ouch additional audits.)
N/A
Page 18 of 56
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular _A -133, as revised, and required
by Part I of this Exhibit shall be submitted, when required by Section .320 (d), OMB Circular .A -133, as revised, by or
on behalf of Recipient directly to each of the following at the address indicated:
A. DE() at each of the following addresses:
Electronic copies (preferred): _Audit0).deo.mvtiorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, H. 32399 -4126
B. The Federal .Audit Clearinghouse designated in OMB Circular :A -133, as revised (the number of copies required
by Sections .320 (d)(1) and (2), OMB Circular .A -133, as revised, should be submitted to the Federal .Audit
Clearinghouse) at the following address:
http : / /hat cster.census.g >ov /fac /collect /ddeindex.htnil
C. Other Federal agencies and pass - through entities in accordance with Sections .3211 (e) and (0, OMB Circular A-
133, as revised.
2. Pursuant to Section .320 (0, OMB Circular .A -133, as revised, Recipient shall submit 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
DEO at each of the following addresses:
Electronic copies (preferred): _Audit a deo.mvtlorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, H. 32399 -4126
3. Copies of financial reporting packages required by PART II of this Exhibit shall be submitted by or on behalf of
Recipient directly to each of the following:
A. DEO at each of the following addresses:
Page 19 of 56
Electronic copies (preferred): Audit florida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, Fl. 32399 -4126
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits /342
Claude Pepper Building, Room 401
111 \Vest Madison Street
Tallahassee, FL 32399 -1450
Email Address: flaudgen localgovt(r aud.statetl.us
4. Copies of reports or the management letter required by Part III of this 1:xhibit shall be submitted by or on behalf of
Recipient directly to:
A. DEO at each of the following addresses:
N/A
5. Any reports, management letter, or other information required to be submitted to DEO pursuant to this Agreement
shall be submitted timely in accordance with OMB Circular .1 -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.
6. Recipients, when submitting financial reporting packages to DEO for audits done in accordance with OMB Circular
A -133 or Chapters 10.550 (local governmental entities) or 10.650 (non -profit and for -profit organizations), Rules of
the Auditor General, should indicate the date that the reporting package was delivered to Recipient in correspondence
accompanying the reporting package.
PART V: RECORD RETENTION
1. Recipient shall retain sufficient records demonstrating its compliance with the terms of this Exhibit for a period of
five (5) years from the date the audit report is issued, or five (5) state fiscal years after all reporting requirements are
satisfied and final payments have been received, whichever period is longer, and shall allow DEO, or its designee,
CFO, or Auditor General access to such records upon request. In addition, if any litigation, claim, negotiation, audit,
or other action involving the records has been started prior to the expiration of the controlling period as identified
above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or
Page 20 of 56
until the end of the controlling period as identified above, whichever is longer. Recipient shall ensure that audit
working papers are made available to DI':O, or its designee, CIO, or :auditor General upon request for a period of
five (5) years from the date the audit report is issued, unless extended in writing by
Page 21 of 56
FY 2015 WAP AGREEMENT
EXHIBIT 1 -A
FUNDING SOURCES
FEDERAL RESOURCES AWARDED TO RECIPIENT PURSUANT TO THIS AGREEMENT:
Federal Program (list l;ederul a;enc . Catalog of Federal Domestic .-lssistance title and number; and amount):
Federal Program: Low-Income I Iomc Energy :Assistance Program
Federal Agency: U.S. Department of 1 Iealth and I Inman Services
Federal Identifier: G- 12132FLCOSR
Catalog of Federal Domestic Assistance Title: Low- Income I Iome Energy .Assistance Program
Catalog of Federal Domestic Assistance Number: 93.568
Recipient: County of Monroe
Award Amount: *S11,307.00
Federal Program (list federal (Nei/0, Catalog of I ~ ?rle)ul Domestic _-IssiStance title and number, and amount):
Federal Program: AWeatherization .Assistance Program
Federal Agency: U.S. Department of Energy
Federal Identifier: DE- I:EO006146
Catalog of Federal Domestic Assistance Title: AWeatherization .Assistance Program
Catalog of Federal Domestic Assistance Number: 81.O42
Recipient: County of Monroe
Award :Amount: * N/A
* Subject to availability of funding pursuant to DOE and 111 IS awards.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
Liit applicable t•ompliance requirements as /011oms:
1. applicable compliance requirement (e.g., r»Abat services /proposes resources must be used /or): Recipient shall use these funds to
perform energy saving repairs and installation of energy saving measures on qualified single family dwellings in
accordance with all attachments to this Agreement, Florida WAP Manual Procedures and Guidelines, Standard Work
Specifications /Field Guide and the FY 2015 WAP State Plan.
2. Second applicable compliance requirement (e.g., eligibility requirements /or recipients of the resormes): Recipient shall comply with
DSO's WAP requirements and eligibility requirements as set forth in the U.S. Department of Energy regulations
codified in Title 10 of the Code of Federal Regulations, Part 440, AWeatherization :Assistance Program for Low- Income
Persons.
STATE RESOURCES AWARDED TO RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING: None
MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program: None
SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project: None
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS: None
NOTE: 2 C.F.R. S 200.331, as revised, and Section 215.97(5), F.S., require that the information about Federal Programs and
State Projects included in Exhibit 2 be provided to Recipient.
Page 22 of 56
FY 2015 WAP AGREEMENT
EXHIBIT 2
AUDIT COMPLIANCE CERTIFICATION
Recipient Name:
FEIN: Recipient's Fiscal Year:
Contact Person Name and Phone Number:
Contact Person Email Address:
1. DID RECIPIENT EXPEND SPATE FINANCIAL ASSISTANCE, DURING TTS FISCAL YEAR, TIIAT IT RECEIVED
UNDER ANY AGREEMENT (E.G., CONTRACT, GRANT, MEMORANDUM OF AGREEMENT, MEMORANDUM
OF UNDERSTANDING, ECONOMIC INCENTIVE AWARD AGREEMENT, ETC.) BETWEEN CONTRACTOR
AND THE DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO)? YES NO
IF THE ABOVE ANSWER IS YES, ALSO ANSWER THE FOLLOWING BEFORE PROCEEDING TO ITEM 2:
DID RECIPIENT EXPEND $500,000 OR MORE OF STATE FINANCLIL ASSISTANCE (FROM DEO AND ALL
OTHER SOURCES OF STATE FINANCIAL ASSISTANCE COMBINED) DURING ITS FISCAL YEAR? YES
NO
IF YES, RECIPIENT CERTIFIES THAT IT WILL TIMELY COMPLY WITH ALL APPLICABLE STATE
SINGLE OR PROJECT- SPECIFIC AUDIT REQUIREMENTS OF SECTION 215.97, FLORIDA STATUTES,
AND THE APPLICABLE RULES OF THE DEPARTMENT OF FINANCIAL SERVICES AND THE AUDITOR
GENERAL.
2. DID RECIPIENT EXPEND FEDERAL AWARDS, DURING ITS FISCAL YEAR, THAT IT RECEIVED UNDER ANY
AGREEMENT (E.G., CONTRACT, GRANT, MEMORANDUM OF AGREEMENT, MEMORANDUM OF
UNDERSTANDING, ECONOMIC INCENTIVE AWARD AGREEMENT, ETC.) BETWEEN RECIPIENT AND DEO?
YES NO
IF TIIE ABOVE ANSWER IS YES, ALSO ANSWER THE FOLLOWING BEFORE PROCEEDING TO EXECUTION
OF THIS CERTIFICATION:
DID RECIPIENT EXPEND $750,000 OR MORE IN FEDERAL AWARDS (FROM DEO AND ALL OTHER SOURCES
OF FEDERAL AWARDS COMBINED) DURING ITS FISCAL YEAR? YES NO
IF YES, RECIPIENT CERTIFIES THAT IT WILL TIMELY COMPLY WITH ALL APPLICABLE SINGLE OR
PROGRAM- SPECIFIC AUDIT REQUIREMENTS OF 2 CFR, PART 200, SUBPART F.
By signing below, I certify, on behalf of Recipient, that the above representations for items 1 and 2 are true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
Page 23 of 56
FY 2015 WAP AGREEMENT
EXHIBIT 3
SUBRECIPIENT FEDERAL AWARD AGREEMENTS CHECKLIST
SUBRECIPIENT
Criteria INFORMATION
Required Federal Award Identification Information
2 CFR Subrecipient name (which must match registered name in County of Monroe
200.331 (i) DUNS);
(a)(1)
(ii) Subrecipient's DUNS number (see 200.32 Data Universal 073876757
Numbering System (DUNS) number);
(in) Federal Award Identification Number (FAUN); G- 12B2FI,COSR
(iv) Federal Award Date (see 200.39 Federal award date); January 21, 2015
:\ lay 1, 2015 through
(v) Subaward Period of Performance Start and End Date; March 31, 2016
vi) S9,568,612.00
( Amount of Federal Funds Obligated by this action;
(vii) "Total Amount of Federal Funds Obligated to the subrecipient; S 11,307.00
$69,338,313
(viii) (15° o of Federal Award
Total Amount of the Federal Award; is transferred to AV'AP)
1::nergy saving home
Federal award project description, as required to be responsive improvements to
(ix)
to the Federal Funding Accountability and Transparency .Act eligible low income
(II AATA); households.
Federal Awarding
Agency` U.S.
Department of I Iealth
and I Iuman Services;
( Pass 1 hrough Entity:
Florida Department of
Economic Opportunity
Name of Federal awarding agency, pass - through entity, and Contact: Paula Lemmo,
contact information for awarding official, 850- 717 -8.150
93.568, Low• Income
CFDA\ Number and Name; the pass - through entity must Home Energy
(xi) identify the dollar amount made available under each Federal Assistance Program; See
award and the (MA number at time of disbursement; Exhibit 1-A
(till) Identification of whether the award is R &D; and No
Indirect cost rate for the Federal award (including if the de Yes, Sec Attachment h
minirnis rate is charged per 200.414 Indirect (1. &A) costs).
2 CFR
200.331 All requirements imposed by the pass- through entity on the
subrecipient so that the Federal award is used in accordance with es, See Attachments
(a)(2) p AA, B, and D
Federal statutes, regulations and the terms and conditions of the
Federal award.
2 CFR Any additional requirements that the pass - through entity imposes
200.331 on the subrecipient in order for the passthrough entity to meet its Yes, See Attachments
(a)(3) own responsibility to the Federal awarding agency including A, B, D, and j
identification of any required financial and performance reports.
Page 24 of 56
2 CFR An approved federally recognized indirect cost rate negotiated
21)(1.331 between the subrecipient and the federal government or, if no
(a)(4) such rate exists, either a rate negotiated between the pass- through Yes, See _Attachments C
entity and the subrecipient (in compliance with this Part), or a de and K
minimis indirect cost rate as defined in ? 2(1(1.414 Indirect (I&A)
costs, paragraph (b) of this Part.
2 CFR .A requirement that the subrecipient permit the pass - through entity
2110331 and auditors to have access to the subrecipient's records and
(a)(5) financial statements as necessary for the pass- through entity to Yes, See Paragraph (5)
meet the requirements of this section, 7 2(10.3(10 Statutory and of this .Agreement
national policy requirements through 20(1.3((9 Period of
performance and Subpart 1" - Audit Requirements of this Part.
2 CFR Appropriate terms and conditions concerning closeout of the
2110.331 subaward. Yes, See Attachment
— (a)(6) I)
Page 25 of 56
FY 2015 WAP AGREEMENT
ATTACHMENT A
SCOPE OF WORK
Recipient shall comply with the following requirements, and if applicable, ensure all subcontracts require compliance with the
following requirements. The USDO1: Quality Control Inspection (()(2I) requirement will be implemented during this
Agreement period (reference :Attachment 1 Special Conditions, of this .Agreement). In carrying out this :Agreement, Recipient
will provide the necessary personnel, materials, services and facilities, except as otherwise provided herein, to cam out the
program. Recipient shall have a designated individual, referred to by D1.0 as the AV'.AP Coordinator, to be responsible for
ensuring that the following activities are adhered to:
A. Solicit, identify, and qualify low- income residents within Recipient's identified service area who have the need and desire
for energy conservation assistance. Recipient will make the services provided for under this Agreement available to all eligible
clients in the counties it serves. Before beginning work on any dwelling, 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. Priority in selection of households to be served consists 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
(IAI IEAP referrals).
3. Documentation of authorization from the owner of the dwelling or his authorized agent.
4. Documentation of proof of ownership.
5. _Agreement with the owner of rental property assuring compliance with 111 C.F.R. Part 440.22.
In order to ensure that no undue or excessive enhancement takes place on renter occupied units, Recipient shall require that
the landlords of buildings with five or more units, or any combination of buildings with an aggregate total of Live units or
more, that receive services under this _Agreement will pay ten percent (1(1° o) 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 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.
B. During this :Agreement period, work performed on dwellings shall be completed in accordance with the Standard Work
Specifications (SAWS)/ Florida Field Guide (1FG), the Florida \Weatherization Manual, Subsection 1, Field Guide Procedures
and Guidelines, and the QCI Procedures and Guidelines along with any supplemental DEO and USDOE guidelines, unless
Recipient secures written permission from DEO not to.
Each dwelling must be evaluated by recording visual observations, measurements, diagnostic test results, (i.e., blower door,
infrared camera, monoxor, gas analyzer, pressure pan or duct blaster), and any other tests required as directed by DE().
Recipient shall maintain this information in the client file. .All collected data will be recorded on the Priority List Assessment
Page 26 of 56
and Testing (PLa1) inspection package if utilizing the Site -Built Priority List (SBPL) or the Manufactured I tome Priority list
(MI In); or in the General I -Iouse Data (GI ID) forms if utilizing the National Energy :Audit (N1:a1) or Manufactured I lone
Energy audit (1\11I1_A).
Replacement of the central heating and cooling (I IV' \C) unit or water heater which already exists in a dwelling will
automatically require the use of either the NEAT or NII Il : A, to determine the Savings to Investment Ratio (SIR) of that
energy conscn measure replacement and appropriate sizing. Refrigerators may only be replaced if (a) indicated by
metering or (b) recommended by a NEAT or III 11?.A. D1:( ) also requires that the following measures be installed on every
dwelling receiving energy conservation measures: low Clow shovyerhead, 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 (PS) activities under this
\WaP agreement should not exceed an average of S7,105 per dwelling, overall. This per dwelling amount does not include the
I Iealth and Safety [I I&S1 amount of $700, per dwelling, that may also be expended.
D. When Recipient's \V'_AP Coordinator (or the designated individual) has determined the weatherization activities to be
performed on a dwelling, the measures to be addressed will be listed on the Client /agency Pre-Work Order agreement
(P \WOA) form following the priority list order, or the descending SIR value from the audit Output Report. The work to be
performed will then be discussed with the client, along with addressing the included disclaimer language regarding lead, 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 P \WOA form. Once this form is signed, work may be
coordinated.
E. Recipient is responsible for supervising, monitoring, and ensuring the quality of all work by staff, volunteers and
subcontractors. All work must comply with the S \WS /F1'G and local building codes. Recipient shall provide DEO with
documentation and reports as required by this agreement, as well as, other information requested by DEO.
F. Upon completion of all scheduled work on a dwelling, Recipient's \W.AP 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 (B \\R). If all work meets program guidelines, local building codes, and
applicable permits have been pulled; the \V' \P Coordinator and client will sign and date the B \\R.
G. After Recipient's \'\':AP Coordinator has completed the final inspection, the dwelling is ready for the Quality Control
Inspection (QCI) to be conducted. Each Recipient must implement a QCI process utilizing one of the two levels for meeting
the QCI requirement Each level has specific guidance to follow that must be considered for planning and implementing. The
following QCI Procedures and Guidelines outlines the implementation criteria for each level and option:
Page 27 of 56
Level #1— Independent QCI (I /QCI):
Option #1 — The Recipient has a certified OCI individual on staff who Lars no inrolreenrwrt as the auditor /inspector or with
yveathcrization work on a dwelling to perform the final (,Cl and complete the QCIR.
Option #2 — The Recipient does not have staff certified to conduct the QCI and has to "outsource" that activity. 1 lovvever,
the non - certified staff must be able to demonstrate proficiency /competency in performing the Option #1 list of activities by
completion of the core of applicable trainings on diagnostic testing tools and utilizing the audit /priority list as applicable.
Level #2 — Independent Auditor /QCI (IA /QCI):
If the Recipient has only one individual involved with the implementation of the A\ AP and that individual is certified to conduct
the QCI, that individual can sign the (.CI Report (QCIR).
Involvement, for (CI purposes, is defined as:
i. performing the initial dwelling inspection and diagnostic testing;
ii. completing the priority list or ntnning the applicable audit (NEAT or ill
creating the work order; but NOT performing any weatherization work; and
iv. performing the final diagnostic testing, dwelling inspection and tile inspection and conducting the QCI.
H. After the QCI has been completed on a dwelling; the QCIR is signed and dated by both the Recipient inspector and the
certified QCI individual; the subcontractor(s) performing the weatherization work has been paid for services rendered, only
then can the dwelling be considered as completed and reach to be submitted to DEO. The original QCIR will be placed in the
client tile and a scanned copy of the completed form becomes part of the li \ \R package for submitting through the web based
reporting system (eGrants) reporting system.
To receive a reimbursement for a production period (a production period spans the first day of a month through the last day),
Recipient shall submit an electronic copy of each B \ \R Package along with the Financial Status Report (FSR) to DEO through
eGrants by the 21st day of the following month. In addition, Recipient shall submit a sided copy of the FSR via facsimile or
email to DEO by the same due date (Reference Attachment Ill Reports).
I. Financial Consequences:
i. If Recipient provides services to any client more than 180 days after the client's household income has been verified
without recertification of the client's income eligibility, Recipient shall be assessed a financial consequence in the
amount of one percent (1° 0) of the total amount of weatherization services provided to the ineligible client's dwelling
unit.
ii. DEO shall not reimburse any expenditures associated with Deliverables not accepted by DEO as successfully
completed; however, this does not preclude Recipient from receiving payment for such expenditures upon successful
completion of the Deliverable.
Page 28 of 56
If Recipient fails to be open, and available, for services according to its regular business hours as identified in
:Attachment I', Warranties and Representations, outside weekends and holidays, Recipient shall pay to 1)11O financial
consequences for such failure, unless 1)1j) waives such failure in writing based upon its determination that the
failure was due to factors beyond the control of Recipient.
iv. Recipient's failure shall result in an assessment of a financial consequence in the amount of S10.00 per day Recipient
failed to operate according to its regular business hours, up to a maximum of 5100.00.
v. Any amounts due under this financial consequence shall be paid by Recipient out of non - federal funds.
Page 29 of 56
2015 WAP AGREEMENT
EXHIBIT 1 TO ATTACHMENT A
BUDGET DIRECTIONS
Guidance for preparing the Budget, Budget Detail, and Schedule of Deliverables:
A. Budgeting limitations arc:
a. The Program Support (PS) amount may be less than but cannot exceed 30" of the total amount of materials
and labor.
b. The _Administration (Admin) amount may be less than but cannot exceed 5o o of the total agreement amount.
Note: Neither PS or Admin expenditures can exceed the prescribed percentages when the
Agreement is closed -out.
B. To determine the allowable activities that may be charged to the PS and Admin 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 DSO's website:
http: / /www.doridajobs.org, /job- seekers - community -sen - ices /community - set - ices!weathertzanon- asststance-
program
C. If additional funding is provided to Recipient during this _Agreement period, a revised Budget, Budget Detail, and
Schedule of Deliverables will be required.
D. When submitting the monthly Financial Status Reports (FSR), the Recipient may exceed the prescribed PS or .Admin
percentage. 110 \x
a. DEO shall perform monthly desk audits and a mid- agreement period review of Recipient's charges in these
two categories.
b. If Recipient exceeds either percentage on an FSR anytime during the Agreement period, it will be notified and
required to make adjustments in charging for activities in following ISRs to ensure compliance to percentage
limits at the end of the Agreement period.
c. Recipient is required to track all expenditures to ensure that only actual costs for allowable expenditures are
reported on the monthly FSR.
d. Recipients receiving an advance must make up the expenditure deficit in the following FSR.
E. Recipient is expected to complete a Monthly Expenditure Tracking Sheet (NIETS) every month of this ,Agreement. It will
be required to submit a ME TS covering the first six months expenditures by the 211 day of the 7th month of this
Agreement. BETS reporting requirements and corrective actions are outlined in the :Attachment j of this Agreement.
F. Directions to Completing the Budget — start from the bottom of the Budget and work upwards.
1) Calculate the . \dministrative amount — limited to 5" o of the Agreement amount.
2) Determine or enter as allowed the following line item amounts:
i. Liability Insurance- proportional to the Recipient's WAP agreetnent amount
ii. Equipment — 54,000
iii. Training & Technical Assistance (1&'I'A) - $3,000.
iv. .-Audit — proportional to the Recipient's \V°AP agreement amount.
3) Complete the Schedule of Deliverables to determine:
i.
11&S;
ii. Projected number of dwellings;
iii. :Materials; Labor; and Program Support.
Page 30 of 56
2015 WAP AGREEMENT
EXHIBIT 2 TO ATTACHMENT A
BUDGET
Agreement Number: 15WX- 0G- 11 -54 -01 -039
WEATHERIZATION ASSISTANCE PROGRAM
TOTAL AGREEMENT AMOUNT $11,307.00 BUDGETED
AMOUNTS
WEATHERIZATION SERVICES
1. Cost of allowable materials and labor to weatherize a dwelling.
a) Materials $4,000.00
b) Labor $2,405.00
Subtotal: $6,405.00 $6,405.00
Number of dwellings to be weatherized: 1
PROGRAM SUPPORT (PS)
All allowable Recipient activities required to coordinate and ensure compliance
2 of providing weatherization services as identified in the Budget Detail within
Attachment A in this Agreement. Upon termination of this Agreement, the $1,352.00
total of PS cannot exceed 30% of the total of material and labor costs.
Per - dwelling expenditure limit: Applicable amount of funding to be
3 expended on a dwelling (material, labor and PS) cannot exceed $7,105 and
all costs /expenditures must be eligible actual costs that are sufficiently
documented.
HEALTH & SAFETY (H &S)
4. Limited to S700 per dwelling and not included in the dwelling cap of $7,105. $700.00
DIRECT CHARGED LINE ITEMS
5. Comprehensive Annual Audit (applicable % of cost for WAP only). $
6. Training & Technical Assistance (DEO pre - approved activities only). S800.00
6. (b) Equipment (DEO pre - approved purchases only). S300.00
7. Liability (the °'o to cover WAP) & Pollution Occurrence Insurance (required). 51,750.00
8. Subtotal of Sections 1, 2, 4, 5, 6, 6(b) and 7. $
ADMINISTRATION (Admin)
All allowable administrative level activities required to implement the program
9 (salaries including fringe; rent; utilities, etc.)
Administration cannot exceed 5% of the total agreement amount and all
eligible costs /expenditures must be sufficiently documented 50.00
10. TOTAL OF ALL BUDGETED AMOUNTS 1 511,307.00
(TOTAL BUDGETED AMOUNT CANNOT EXCEED TOTAL AGREEMENT AMOUNT)
Page 31 of 56
2015 WAP AGREEMENT
EXHIBIT 3 TO ATTACHMENT A
BUDGET DETAIL
Agreement Number: 15WX- 0G- 11 -54 -01 -039
Program Support Budget Amount
1. Compensation of employees exclusively involved in WAP.
2. Compensation of employees involved in WAP P and other funding sources. 1,057.00
3. Advertising and Public Relation Costs by Recipient or other organizations. 0.00
4. Communication costs for employees directly involved in WAP. 295.0
5. Quality Control Inspection (QCI) costs. 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 AP 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): 1,352.00
Administration Budget Amount
1. Compensation of Executive Management and Finance and Reporting Personnel. 0.00
2. Compensation of employees involved in \VVP and other funding sources. 0.00
3. Communication costs for employees exclusively involved in \V'AP. 0.00
4. Depreciation and use allowances (building, general furniture and equipment). 0.00
5. Cost of Propert< 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): 0.00
Page 32 of 56
2015 WAP AGREEMENT
EXHIBIT 4 TO ATTACHMENT A
SCHEDULE OF DELIVERABLES
Agreement Number: 15WX- 0G- 11 -54 -01 -039
The total estimated production goal will be the number of dwellings that are anticipated to be weatherized for the entire
Agreement period. To support this production total, complete the below per month estimated production goals. If Recipient
will be requesting an advance in this Agreement, it should take into consideration the number of dwellings that will be required
to weatherize in the initial and in following months to meet the advance expenditure requirement throughout the Agreement
period as outlined in Attachment E of the Agreement.
Process for calculating production goals:
a) To determine the final amount of funding ( Weatherization Amount) available to be applied to weatherizing
dwellings (material, labor and Program Support activities). Complete the following:
Agreement Amount: $ 11,307.00
Add:
Direct Charges (Line items #5, #6, #6b, & #7 from Budget): S 2,850.00
Administration (Admin) from Budget (Line item #9 from Budget: +S 0.00
Total S 2 ,850.00
Subtract:
Total from the Agreement Amount Total (S _11,307.00 )
Weatherization Amount: S 8,457.00
"1'o determine Estimated Production for calculating Health & Safety (H &S) amount (amount per dwelling is S700):
a) Divide the Weatherization Amount by the allowable per dwelling expenditure amount of S7,105.
Weatherization Amount $ 8,457.00 divided by S7,105 = 1 initial Estimated Production
Multiple the initial Estimated Production times S700 = S 700.00 = Total H &S (Budget Line 4)
b) Take the Weatherization Amount a) and subtract the total H &S amount a):
Weatherization Amount $ 8,457.00 minus H &S amount S 700.00 = S7,757.00
This is the Reduced Weatherization Amount. The Reduced Weatherization Amount is used to determine your
Material, Labor and Program Support amounts.
c) Divide the Reduced Weatherization Amount b) by S7,105 to determine your target projected Number of
Dwellings to be weatherized with these funds. 1
Complete the below estimated monthly production.
March April May June _1 July August September
October November December January February March
Total 1
Page 33 of 56
FY 2015 WAP AGREEMENT
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
Both Recipient and DEO 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 (I_ow- Income 1 lome Energy Assistance Act of 1981); Title I1, Part ? of the
National Energy Conservation Policy Act of 1978 (Pub. L. 96 -619); Title V, Subtitle E, of the Energy Security _1ct of 1981
(Pub. L. 96- 294); and Chapter 163, Fla. Stat.; Florida Chief financial Officer Memorandum No. 04 -05, Federal Central
Contractor Registration (http: / /yv'vyv.ccr.I >ov /); Schedule of Expenditures of Federal Awards
(littp://www.mvfloridaacfo.com/aadir/statewide financial reporting /financing.htm)
B. All federal statutes relating to nondiscrimination including but not limited to: •
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352) which prohibits discrimination on the basis of race, color or
national origin;
2. Title IX of the Education Amendments of 1972, as amended (20 E.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 net of 1975, as amended (42 U.S.C. 6101- 611)7), 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 1 Iealth 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 1Veatherization Assistance Program.
10. The Americans with Disabilities Act of 1990, Public I ,aw 1(11 -336 (42 U.S.C. Sections 131(11 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.I.R. Part 60).
D. All applicable standards, orders, or regulations issued pursuant to the Clean _fir 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.).
E. 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.
• Page 34 of 56
F. Recipient will assist in assuring compliance with Section 106 of the National 1 Iistoric Preservation Act of 1966, as amended
(16 C.S.C. 470), FO 11593 (identification and protection of historic properties), and the :Archaeological and Historic
Preservation Act of 1974 (16 C.S.C. 469a -1 et seq.)
G. Recipient shall screen applicants for program eligibility under 1986 Immigration and Nationality Act, as currently amended.
11. Recipients which procure S10,000 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 Recover Act of 1976, and
guidelines promulgated by the Environmental Protection Agency.
I. All applicable federal rules, regulations and guidelines including 10 C.E.R. Part 600, as revised, as they relate to the
application, acceptance, and use of federal funds under this Agreement.
�. Other applicable federal and State laws, rules, regulations and guidelines.
K. 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 2 C.F.R. 901.10, "Debarment and
Suspension." The Recipient may not make any subcontract to a debarred or suspended party . A current listing of such parties
is maintained by DEO for review.
E. INTEREST INCOME: Recipients shall invest cash advances in compliance 2 C.F.R. 200.305(b)(8).. 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 5120,000 in total Federal awards per year.
2. The best reasonably available interest bearing account would not be expected to earn interest in excess of S500
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 C.S.C. 450), recipients and sub- recipients shall
promptly, but at least quarterly, rernit interest earned on advances to the Federal agency. The recipient or
subrecipient may keep interest amounts up to S500 per year for administrative expenses.
Except as provided for advance payments, Recipient may temporarily invest grant funds, but any interest income shall either
be returned to DEO or be applied against DEO's obligation to pay the _Agreement amount. Am interest income earned by
the temporary investment of these grant funds that is not applied against DEO's obligation to pay shall be returned to DEO at
the time of submission of the final close -out report.
M. PROGRAM INCOME: Pursuant to 2 C.F.R. S 200.307, 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. The amount of program income and its disposition must be reported to DE() at
the time of submission of the final close -out report. Expenditure of program income balances at Agreement end must be
approved by DEO.
N. APPEALS SYSTEM: All complaints received by DEO will be referred to Recipient. Recipient must have a written
appeals system that is:
Page 35 of 56
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 w services.
Sample format: Recipient Appeals System
In the event of a complaint /appeal, the complaint /appeal shall first be heard by the:
M o _ r kne_ , 5 4 C L ` k1 � ) ,Sa. P e Ns tS bv+'o Q (Title of Position)
Should the first designated party be unable to resolve the difficulty, the second complaint /appeal will be heard by:
SR. Soe a2II( €s G22Cf'n(Z_ (Title of Position).
Should the second level complaint /appeal be unable to resolve the difficulty, the final hearing will be held by:
N1oISELol2 C��PST 13 j (Committee or lull Board).
O. LIABII,T1Y INSUR :ANCE: Pursuant to 2 C.U.R. 440.18, Recipient and Recipient's subcontractors are required to have
sufficient liability insurance coverage for performing veatherization- 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 subcontractor is adequately or covered by Recipient's 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 AV techniques and have POI (or are under
Recipient's policy) may work on pre 1978 dwellings that Recipient has confirmed have lead paint that will be disturbed
through w•eatherization activities.
P. PROGRAM\L\TIC CHANGES: Recipient will follow the procedures and guidelines provided in the latest version of the
Horida \V AP Manual. Programmatic and guideline changes during an agreement period may be provided to 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 Recipient's .Agreement Manager to the email address
stated in Attachment K of this Agreement
Q. INFORMAL, MODIFICATIONS: No expenditure in excess of the amount funded under this Agreement at the time the
expenditure is incurred shall be valid. Increases in funding are only valid by formal modification as described in Paragraph (4) of
this :Agreement; however, the Parties agree to allow Informal I\loditications of :Attachment A, Exhibit 2 to Attachment A,
Exhibit 3 to Attachment A, Exhibit 4 to Attachment A, and :Attachment I, County .Allocations, in accordance with the following
process:
(1) Recipient must submit an Informal Modification request to DSO's Grant Manager
(2) Any request for modification to increase or decrease any line item that is not submitted to DEO for approval
thirty calendar days prior to the anticipated implementation date may result in reimbursement delays.
(3) Recipient must submit to DEO a letter or email of explanation for the modifications requested to be made along
with the revised applicable pages to be amended, and each page must be signed by Recipient. Prior to the
submission of a Financial Status Report in which the changes are implemented, Recipient must have received
DSO's written or email approval of the proposed modifications.
(4) Upon approval by DEO, as applicable, Recipient's budget detail will be revised in DSO's electronic payment
system.
(5) None of the budget transfers may violate this :Agreement or the Super Circular.
R. MONTTORING:
(1) DEO shall conduct a full onsite review of Recipient at least once during the _Agreement period. Recipient shall
allow DEO to carry out monitoring, evaluation and technical assistance, and shall ensure the cooperation of its
employees, and of any subcontractors with whom Recipient subcontracts to carry out program activities.
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(2) DI?O shall provide training and technical assistance, within the limits of staff time and budget availability, upon
request by Recipient or determination by D1 .O of Recipient need.
(3) DI'1O shall conduct follow -up reviews including prompt return visits to Recipients that fail to meet the goals,
standards, and requirements established by the State and federal funding agency.
S. 01'1 I1-:R PROVISIONS: -
(1) In addition to the record keeping, public records, and audit requirements contained in Sections (5) and (6) of
this :Agreement, the books, records, and documents required under this Agreement must also be available for
copying and mechanical reproduction on or off the premises of Recipient.
(2) If the U.S. Department of I Iealth and I luman Services or the U.S. Department of Energy initiates a hearing
regarding the expenditure of funds provided under this Agreement, Recipient shall cooperate with, and upon
OED's written request, participate with D1:O in the hearing.
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2015 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 Dorm initialed by client.
4. Copy of Social Security Card (with all but the last four digits redacted) or other acceptable identification
documentation for the client.
5. Copy of the client signed "Notice Regarding Collection of Social Security form (not required)_
6. Documentation of Income for all members of the household.
7. Documentation Of Ownership or Landlord Agreement (when applicable).
8. For rental dwellings: copy of Building Owner Agreement (BOA)/ Landlord ,Agreement Form (LAF) and Permission
to Enter Premises (PEP) form.
9. A copy of the completed Priority List Assessment and Testing (PLAT) or General I louse Data (GI ID) dwelling
assessment forms as applicable.
10. A copy of the Output Report of the National Energy Audit (NE:A1) or the Nlanufactured Home Energy Audit
(NII TEA) for replacing I IVAC units or refrigerators. Photo of the meter readings to support refrigerator replacement
if not using NEAT or NII1E:\.
11. Copy of the signed Pre-Work Order :Agreement "OA) form.
12. Building Work Report (B \ \R) signed by the client and inspector and dated.
13. Invoices and payment vouchers.
1.1. Copies of any required building permits.
15. Copy of the Quality Control Inspection Report (OCIR) signed and dated b - both the sub rantec ins sector and the
certified QCI individual.
B. When Recipient's WAP Coordinator has determined the weatherization activities to be performed on a dwelling, the WAP
Coordinator shall list the measures to be addressed on P WOA in the same order of the Priority or by the descending
Savings to Investment Ratio (SIR) as recommended in the applicable audit.
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. 1 lere are the directions for meeting this requirement:
D. Recipient shall maintain the confidentiality of all information submitted by applicant in accordance with the requirements
of 2 C.F.R. C 440.2(e), Chapter 119, I .S., and all applicable laws and regulations.
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 tile. 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.
Recipient will submit to DEO 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. Recipient should consider establishing an
agreement with the local utility provider in its service area to provide this information. If no agreement can be established,
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 DEO within 60 days after the B\yR sign
date or included in the Recipients Semi-Annual Success and Leverage Report.
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FY 2015 WAP AGREEMENT
ATTACHMENT D
REPORTS
A. _Annual reports:
(1) Close -out Report: The WAP Close -Out Report is due thirty calendar days after termination of the Agreement
or thirty calendar days after completion Of the activities contained in the :Agreement, whichever occurs first. If
the thirtieth calendar dav falls on a weekend day or holiday, the Close -Out Report shall be due on the next
business day. Recipient shall submit original signed documents to D12:0 that include, at a minimum, the WAP
Close -out Financial Status Report (FSR), the Close -out Summary form; the Close -out Equipment Inventory
form; a refund check for any unspent funds, if applicable, and a refund check for any interest earned on
advances, if applicable.
(2) IRS Form 990: Recipients that are below the 5750,000 threshold for all Federal awards in its fiscal year, are non-
profit entities, and exempt from the federal single audit act requirements, shall submit with its . \greement
proposal a copy of its most recent IRS Form 990.
B :Monthly reports: The WAP monthly FSR must be provided to DEO no later than the twenty -first dav of each month
following the end of the reporting month in which funds were expended. Recipient shall submit the report regardless of
whether funds were expended. Reimbursement of expenditures shall be based on this report. Only with prior approval
by DEO, will more than one reimbursement be processed for any calendar month. The FSR must be submitted in
DEO's current electronic financial management system (eGrants) and a sided copy submitted via facsimile or
electronic mail by the due date. In the event the twenty -first dav of the month falls on a weekend day or holiday, the
FSR shall be due on the next business day. The 1'SR must be signed and dated.
(1) Each FSR shall contain the following information
a. All expenditures that occurred during the reporting month;
b. The amount of reimbursement requested;
c. The number of dwellings weatherized; and
d. An attestation, signed by an authorized signatory, that Recipient was open and operating during its
reported business hours.
(2) Each completed dwelling reported, will have a Building Work Report package consisting of a completed:
a. Building Work Report (B\VR);
b. Client Intake Dorm; and,
c. Quality Control Inspection (QCI) Report.
(3) DEO shall review each FSR for compliance with the requirements as stated in :Attachment :A of this
: \greement.
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C :Monthly I:xpenditure'i'racking System (NII:TS) Reports:
Mid :Agreement MI °1'S is due to D1:0 by the 21 -' day of the 7 month of this :Agreement. 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. The Recipient will submit:
(1)
a) A completed MINI'S to include all PS and _Admin line item actual costs incurred by Recipient through the
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 Nil:'1'S totals.
Upon DEO receipt of these documents, DEO staff will compare the I SR PS and Admin amounts with the METS PS
and Admin amounts and supporting spreadsheets. Recipient will be notified if any other supporting documentation is
needed based upon the results of this review. If D1?0 determine an on -site monitoring is warranted to resolve an
issue, it will be scheduled.
1'.xceeding allowable percentages for PS and :Admin:
a) If Recipient is exceeding the PS 130°0 threshold or the _Admin 5 threshold, it will then be required to
submit a 9th month ;AIS'I'S along with a Revenue & 1xpenditure Report to date in the 10th month.
b) :After that review is completed, if Recipient is still exceeding a threshold, an email will be sent to the AV' ;AP
Coordinator to put Recipient on notice that the total allowable expenditure percentage has been reached,
therefore no additional funding in that category (PS or :Admin) will be provided. Recipient will continue
weatherizing dwellings until all remaining funding has been expended. Failure by Recipient to expend all
program funding by the end of the :■greement period may result in it being placed in a probationary
status for future AV'AP agreements.
(2) A Close -out METS with the last I'SR expending the remaining balance of funding in the Agreement is submitted
to DEO. Recipient will provide a METS that includes all costs charged in the PS and Admin categories along
with the supporting spreadsheet. Recipient cannot exceed the percentage caps for either PS or Admin at the end
of the Agreement period.
During the .-Agreement period, DEO staff will be conducting an on -site monitoring visit to Recipient. This visit will
include a review of the documentation that supports the PS and Admin charges reported for at least one ISR.
D. Semi Annual Success and Leverage Reports
Semi Annual Success and Leverage Reports are due to DI':O on or before October 21 and April 21. In the
event that 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.
1) On the Success Reports, Recipient shall provide: a) copies of thank -you correspondences from clients who
received yveatherization services; b) information on any events Recipient participated in that promoted the AV'AP
locally; c) any milestone reached by the Recipient that relates to the AV':AP.
Page 40 of 56
2) On the Leverage Reports, Recipient 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. Utility
rebate funds and donation of materials or volunteer labor should also be included in this report.
I:. Monitoring:
1)I(.0 will conduct an on -site monitoring visit to the Recipient at a minimum of once during the _Agreement period.
This monitoring will address the Recipients fiscal and programmatic administration of the \V'.AP. In addition, a
minimum of five percent (5 0) of dwellings projected to be weatherized (reference Attachment A, Scope of Work,
E.r 4, Schedule of Deliverables) during the .Agreement period will be inspected. .An additional 5 of dwellings
will be inspected if the Recipient has implemented the Level #2, Independent .Auditor / Quality Control Inspection
process.
I'. Monitoring Report:
Within thirty -five days return from this monitoring visit, D1'.0 will issue a monitoring report outlining the results of
the monitoring and any corrective actions required to be implemented by Recipient for any non- compliance issues
discovered during this visit. Issues may be classified as either a concern or a finding. .A concern is an adjustment that
needs to me implemented in the administration of the program that may be easily rectified. .A finding is a situation
that must be corrective immediately to ensure future compliance. Both a concern and a finding will have directive
actions to be taken by the Recipient along with a reference to the applicable guidance document(s).
G. Monitoring Report Responses:
Recipient shall provide a written response to D1:O for all monitoring report findings or concerns no later than thirty -
five calendar days from the date of the original monitoring report. D1'.0 shall notify Recipient of the due date for any
subsequent monitoring report responses as may be required. If the thirty -fifth day falls on a weekend day or holiday,
the response to the original report shall be due on the next business day. Recipient may request an extension in
writing for DhO's review and approval.
11. Recipients are required to have written financial management systems procedures for determining the reasonableness,
allocability, and allowability of costs in accordance with the provisions of the cost principles and terms and conditions
of the award. Recipients may utilize one of the following options:
(1) Cost Allocation Plan: Per 2 CFR 200.405, to document this, Recipients must submit copies of their written Cost
Allocation Plan to DEO with this :Agreement.
(2) Indirect Cost Rate Proposal: Per 2 CFR 200.414, This is the amount charged through indirect cost allocation
plans approved by Recipient's cognizant federal agency or the 10"0 de- minimis rate as applied to Modified Total
Direct Cost as allowed by the Super Circular. If Recipient chooses to use the de- minimis rate, Recipient shall
make sure it is entitled to use that rate and include a statement to that effect.
Page 41 of 56
Other reports: Upon reasonable notice, Recipient shall provide such additional program updates, reports, and
information as may be required by I)1:O, including supporting or source documentation for am reports identified
above in this attachment.
1. Report Submission:
Unless otherwise noted, reports shall be submitted to D1:O's Grant Manager as stated in Paragraph (14) of this
agreement. Failure to submit reports by the required due date, may result in the withholding of any pending or future
payments until the reports are received.
Page 42 of 56
FY 2015 WAP AGREEMENT
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
Indicate by checking one of the items below if you are requesting an advance. Any advance payment under this
Agreement is subject to section 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 PAYMENT REQUESTED Check here: X
Payment will be solely on a reimbursement basis.. No Additional information is required.
60 DAY ADVANCE REQUESTED Check here:
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, and
purchase supplies and equipment. Recipient would not be able to operate the program without this
advance.
ADVANCE CALCULATION
A. Number of Units expected to be completed in (0 days:
13. Line .1 times the maximum of 57,105 S
C. Direct Charge Line Items for first 60 days: S
D. Subtotal of Lines 13 & C: S
Administrative expenses for first 60 days:
(Cannot exceed 5 of Line D)
F. Advance Requested (Total Lines D & 11): S
ADVANCE REQUEST FOR MORE THAN 60 DAYS
If 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.
TRACKING OF ADVANCE EXPENDITURE
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) DEO will compare the advance amount received by Recipient with the total to date expended amount on Recipient's
second 1FSR 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, DLO staff will contact 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 DIE for review.
c) If the justification is not approved, an adjustment may be made to Recipient's reimbursement request amount on
Recipient's second FSR. The requested reimbursement amount may be reduced by the unexpended balance
Page 43 of 56
remaining on the advance. This reduction will reduce the cash advance amount Recipient will have on hand to meet
expenditures.
d) lllEO will track the monthly expenditure amount of Recipient through the remainder of the .Agreement period. If
Recipient fails to demonstrate the need for the advance amount provided over the course of two consecutive 1'SRs, an
adjustment to the latest FSR reimbursement request may be made.
e) Recipients' performance and compliance to the advance expenditure requirement during this :Agreement will be taken
into consideration for any advances requested in future agreements.
Page 44 of 56
FY 2015 WAP AGREEMENT
ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
A. Financial i\lanagement
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 cost principles and the tenns and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
13. Competition
Recipient warrants the following:
(1) All procurement transactions shall be done in a manner to provide open and free competition.
(2) 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 otter, or whose bid, or offer, is responsive to the solicitation and is
most advantageous to Recipient, considering the price, quality, and other factors.
(4) Solicitations shall clearly set forth all requirements that the bidder, or offer,or must fulfill in order for the bid,
or offer, to be evaluated by Recipient. Any and all bids or offers may be rejected when it is in 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.
(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.
Page 45 of 56
(3) The officers, employees, and agents of 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 disciplinan actions to be applied for violations of the standards by
officers, employees, or agents of Recipient.
1). Business 1 lours
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) (M 613Evi'y ) through ( (D Ay ) , and from (tunes)
( Fsq-(fl ) to ( bi'M ).
1: Licensing and Permitting
Recipient warrants that all subcontractors or employees hired by Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by Recipient.
Page 46 of 56
FY 2015 WAP AGREEMENT
ATTACHMENT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION
NOTE: Prior to issuing subawards or subcontracts under this Agreement, Recipient must consult the System for Award
Management (SAM) to ensure that organizations under funding consideration are not ineligible. The list is available on the
Web at https: / /wvyvy.sam.gov.
(1) The prospective subcontractor of 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 Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach
an explanation to this form.
SUBCONTRACTOR:
(Type Name) Recipient's Name
By
Signature
Name & Title DE() Agreement Number
Street Address
City, State, Zip
Date
Page 47 of 56
FY 2015 WAP AGREEMENT
ATTACHMENT H
STATEMENT OF ASSURANCES
A. Interest of Members, Officers, or 1:mployees of Recipient, Members of 1.ocal Governing Body, or Other Public
Officials.
No member, officer, or employee of Recipient, or its delegates or agents, 00 member of the governing body of the
locality in which the program is situated, and no other public official of such locality or localities who exercises any
functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in
connection with the program assisted under this Agreement. Recipient shall incorporate or cause to be incorporated in
all such agreements, a provision prohibiting such interest pursuant to the purposes of this subsection. No board
member, officer or employee will be permitted to receive any remuneration or gift in am amount. Board members may
receive travel expenses in accordance with section 112.61, 1'. S.
B. Nepotism
Recipient agrees to abide by the provisions of section 1.12.3135, F. S., pertaining to nepotism in its performance under
this Agreement
C. :Assurances
Recipient hereby assures and certifies as a condition Of receipt of Agreement funding, that it, and its subcontractors,
will comply with the applicable requirements of federal and State lays, rules, regulations, and guidelines. As part of
its acceptance and use of Agreement funding, Recipient assures and certifies that:
(1) Recipient possesses the legal authority to administer the program as approved by Recipients governing body,
including all assurances contained herein.
(2) Recipient possesses the sound controls and fund accounting procedures necessary to adequately safeguard its
assets, check the accuracy and reliability of accounting data, promote operating efficiency and maintain
compliance with prescribed management policies of the agency.
(3) Recipient will permit and cooperate with Federal and State investigations designed to evaluate compliance
with the law.
(4) Recipient will give D1 O, the .Auditor General, or any authorized representatives, complete access to examine
all records, books, papers or documents related to all program operations of the grant, including those of any
sub- contractors.
(5) Recipient will comply with all of the provisions and practices outlined in OED's most current
monitoring manual.
(6) The Recipient's application and all its attachments, including budget data, are true and correct.
(7) Recipient agrees to comply with Public 1,aw 103 -227, Part C, Environmental Tobacco Smoke, also known
as the Pro - Children Act of 1994 (Act). This Act requires that smoking not he permitted in any portion of
any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the
provision of health, day care, education, or library services to children under the age of 18, if the services
are funded by Federal programs either directly or through States or local governments. Federal programs
include grants, cooperative agreements, loans or loan guarantees, and contracts. Recipient further agrees
Page 48 of 56
that the above language will be included in any subawards which contain provisions for children's services
and that all subrecipients shall certify compliance accordingly. Failure to comply with the provisions of
this law may result in the imposition of a civil monetary penalty of up to S1,0110 per day.
(8) Recipient certifies that it will or will continue to provide a drug -free workplace as set forth by the
regulations implementing the Drug -Frye Workplace _pct of 1988: and 2 C.F.R. Part 902.
D. Recipient's subcontractors' must maintain valid licenses that comply with all state and local laws, ordinances,
and regulations. Each subcontractor shall be appropriately licensed to cover each of activity it is performing
pursuant to this :Agreement. Recipient shall maintain copies of all subcontractor licenses (current for the
program year when the work is performed), as well as a copy of each subcontractor's liability insurance policy.
1?. '1'o 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.
I'. Recipient will permit attendance by DEO's representatives at any meetings of the Recipient's Board of Directors,
executive committee, or legislative body.
Page 49 of 56
FY 2015 WAP AGREEMENT
ATTACHMENT I
COUNTY ALLOCATION(S)
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 1)10. 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 DEO.
COUNTY(S) ALLOCATION AMOUNT
Monroe S 11,307.00
•
Page 50 of 56
FY 2015 WAP AGREEMENT
ATTACHMENT J
SPECIAL CONDITIONS
Quality Work Plan Implementation
State \V'eatherization Program Notice (S \ \1'N)14 -02 (distributed 00 l'ebruary 24, 2014), included a copy of the LS.
Department of Energy AV'catherization Program Notice (\\PN) 14-4 which outlined the Quality Work Plan (QA \P)
requirements to be implemented in the AWeatherization .Assistance Program nationally. the QA\ P defines what constitutes a
quality inspection of vveatherization measures, outlines how these measures are inspected and validated and defines acceptable
training and credentialing of workers. the first Q \ \P initiative being implemented during Program Year 2015 is the Quali“
Control Inspection (QCI) requirement.
Recipient Implementation of QCI Requirement:
A. Recipient will begin meeting the QCI requirement on those dwellings that are weatherized in July, 2015 (to be
submitted on the July Financial Status Report (FSR) due to DEO by :August 21, 2015).
B. This requirement will remain in effect for all dwellings weatherized (with the funding in this _Agreement) for the
duration of the Recipient's 2015 WAP .Agreement.
C. Only those dwellings that are approved by a Florida Department of Economic Opportunity recognized certified QCI
individual may only be considered as complete.
D. DEO's WAP staff will have an independent QCI activity performed on either 5"0 or 10 of Recipient's projected
number of dwellings to be completed in this _Agreement period, during the State monitoring visit.
E. Reference Attachment A, Scope of Work, for the percentage of state level QCI's to be performed.
Charging of the QCI Activity:
Recipient will be responsible for all costs associated with having the QCI performed, whether by in -house staff or out-
sourcing per the following:
A. Costs for this activity may be charged to the Program Support category of the Recipient's Budget.
B. Recipients performing this activity for another recipient will report any funds generated as Program Income.
C. These funds must be re- programmed into Recipient's \\ ;AP for providing vweatherization services or other directly
related allowable program activities.
D. Recipients should contact DSO's Grant Manager for additional guidance on the expenditure of Program Income.
E. Any un -used program Income at the end of an Agreement period will be returned to DEO with the close -out.
QCI Non - Compliance Situations:
During a State WAP office monitoring visit it is determined that the certified QCI individual demonstrated inadequate or
questionable inspection practices, the State WAP office may implement the following steps:
A. Bring the issue to the attention of the subgrantee inspector and /or certified QCI individual during the visit;
B. discuss the issue to determine why the error occurred;
C. document the issue (photo);
Page 51 of 56
D. determine what corrective actions are required;
E. have Recipient coordinate with the subcontractor or crew to perform the corrective actions required (if a
workmanship issue) to achieve compliance and provide photo documentation of the corrected activity to DEO within
a prescribed time frame;
F. determine if additional training is required for the QCI individual (if only a minor or one instance situation):
G. consider having another independent QCI individual perform a spot check of dwellings and files to be reported on
the following months FSR prior to that report being submitted;
11. request a copy of applicable documentation for a dwelling to be reported in the following month along with photos
of all measures installed; and
I. coordinate a follow -up spot check Quality .Assurance (QA) visit focusing on the past issue; the QCI documentation
and conduct a dwelling inspection.
Repeat Non - Compliance Situation
Each QCI non - compliance situation will be handled on a case -by -case situation. If the Certified QCI individual is found to be
in non - compliance (repeat infractions) in performing the QCI, a written notification from the State \\ _AP office will be
provided to Recipient directing it to seek alternate means for having the QC] performed on future dwellings.
The QCI individual will also be notified in writing of their suspension from performing future QCIs for other Florida \\ _AP
Recipients. If that individual participates in refresher QCI training, they may be given an opportunity to demonstrate
competency in a supervised, probationary period. I?ach suspension situation will be handled on a case -by -case basis.
Page 52 of 56
FY 2015 WAP AGREEMENT
ATTACHMENT K
PROPERTY MANAGEMENT AND PROCUREMENT
Recipient shall comply with property management standards for non - expendable property equivalent, at a minimum, as
provided in 2 C1'R 200.313, 1quipment, and 2 CI'R 200.314, Supplies, and 2 C.F.R. 7, 910.360.:
,\ . Prior approval of intended property purchases must be received from I)1:O's Grant Manager by Recipient.
B. All property purchased under this . Agreement shall be inventoried annually and an inventory report shall be made
available to DEO upon request.
C. All property purchased under this .Agreement shall be listed on the property records of Recipient. Said listing shall
include a description of the property, model number, manufacturer's serial number, funding source, information needed
to calculate the federal and /or state share, date of acquisition, unit cost, property inventory number and information on the
location, use and condition, transfer, replacement or disposition of the property.
D.1'itle (Ownership) to all non - expendable property acquired with funds from this .Agreement shall be vested in DEO
upon completion or termination of the Agreement.
E. Recipient agrees to comply with Section 507 of Public Law 103-333. As stated in this section, it is the sense of
Congress that, to the extent practicable, all equipment and products purchased with funds made available in this .Act
should be ;American made.
Page 53 of 56
FY 2015 AGREEMENT
ATTACHMENT L
Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g))
2 CFR 175.15, Award Term
I. Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.
1. You as Recipient, your employees, subrecipients under this award, and subrecipients' employees may not- -
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
t'se forced labor in the performance of the award or subavyards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if vou or a
subrecipient that is a private entity --
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. I las an employee who is determined by the agency official authorized to terminate the award to have
violated a prohibition in paragraph a.1 of this award term through conduct that is either,
A. Associated with performance under this award; or
B. Imputed to vou or the subrecipient using the standards and due process for imputing the conduct of
an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies
on Governmennyide Debarment and Suspension (Nonprocurement)," as implemented by our agency
at (agency must insert reference here to its regulatory implementation of the OMB guidelines in 2
CFR part 180 (e.g., " CFR part XX ")J.
b. Provision applicable to a recipient other than a private entity. We, as the Federal awarding agency, may unilaterally
terminate this award, without penaln if a subrecipient that is a private entity- -
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. I Ias an employee who is determined by the agency official authorized to terminate the award to have
violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either- -
i. Associated with performance under this award; or
u. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual
to an organization that are provided in 2 CFR part 18)), "OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at
(agency must insert reference here to its regulatory implementation of the OMB guidelines in 2 CFR part
18)) (e.g., .. CFR part XN ")J.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (IYPA), as amended (22
U.S.C. 7104(g)), and
u. Is in addition to all other remedies for noncompliance that are available to us under this award.
Page 54 of 56
3. You must include the requirements of paragraph a. 1 of this award term in any subavyard you make to a private
entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient w is engaged in the performance of the project or
program under this award; or
ii. .Another person engaged in the performance of the project or program under this award
and not compensated by you including, but not limited to, a volunteer or individual whose services are
contributed by a third party as an in -kind contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or
coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity ":
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those
terms are defined in 2 C.F.R. 175.25.
ii. Includes:
1. 1A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal
organization other than one included in the definition of Indian tribe at 2 C.F.R. j 175.25(b).
13. A for -profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at
section 103 of the "1V'P;1, as amended (22 U.S.C. 7102).
Page 55 of 56
FY 2015 WAP AGREEMENT
ATTACHMENT M
RECIPIENT INFORMATION
Please complete all information applicable to your organization.
1. Recipient's full legal name:
c out- o� Mo(• ro t:
2. Recipient's mailing address (warrant will be mailed to this address):
r c h\ ence\
Cit t .(e( VrP Zip Code: 3 3 OyO
Telephone: ( 3 °s) a " 36O FAX Number:
3. Street Address (if different from above):
4. Chief Elected Official: `n
"Dar\rA\i K J o1 ha - 'tayoe_.
(Name) (Title)
E -mail address: Y--o\ q� ���nhA i(Y�f��fO�Co 1 . FAX Number:
J q ov
5. Executive Director: �J
he_R / 1 h,9-N,
(Name) 1 Title)
E -mail address: Q F�C3_hary - �1/12Q O� �P1f��Ce - 1• I'_ \ t Number: L - I 359
J 9onf
6. WAP Project Coordinator:
Moue- 6-(ck k S . RMrvu - 1m. Z
-
(Name) / (Title - agency designation)
Telephoner l 2-`i 2 402 F:AX Number: (31css-) o24S " �37�0
E -mail address: sle_Cv_A el-- Ana R `2J.� e/blf7,s cc,e -- .
7. Finance Director:
\Af _ V v (� / kr (tct c5 C e. cLnC��2J1 �
(Name) (Title)
E -mail address: 1 ro'•Co - FAN Number: • vZ ^ q 3 7(c,
Page 56 of 56