07/20/2016 AgreementAMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
IAONROE COUNTY, FLORIDA
DATE: July 28, 2016
TO: Sheryl Graham, Director
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller 0-
At the July 20, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of the following:
Item C29 Approval of Federally Funded Subgrant Weatherization Assistance Program (WAP)
Agreement 16WX-OG-11-54-01-039 between the State of Florida, Department of Economic
Opportunity (DEO) and County of Monroe, Monroe County Board of County Commissioners
(Monroe County Social Services) for the period of April 1, 2016, through March 31, 2017, in the
amount of $70, 207.
The enclosures are not fully executed; they need to be sign by the State of Florida Department
of Economic Opportunity and then forwarded to the Clerk for finalization.
Item C30 Approval of Home Care for the Elderly (HCE) Contract KH 1672 between the
Alliance. for Aging, Inc., and Monroe County Board of County Commissioners/Monroe County
Social Services/In-Home Services for the contract year 2016-2017 (7/l/16-6/30/17) in the amount of
$10,600.80.
Item C31 Approval of Alzheimer's Disease Initiative Program (ADI) Contract KZ 1697 between
the Alliance for Aging, Inc., and Monroe County Board of County Commissioners/Monroe County
Social Services/In-Home Services for the contract year 2016-2017 (7/l/16-6/30/17) in the amount of
$164,647.80.
Item C32 Approval of Community Care for the Elderly (CCE) Contract KC 1671 between the
Alliance for Aging, Inc., and Monroe County Board of County Commissioners/Monroe County
Social Services/In-Home Services for the contract year 2016-2017 (7/l/16-6/30/17) in the amount of
$413,700.
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
Item C34 Approval of a contract between Monroe County Board of County
Commissioners/Monroe County Social Services (Monroe County Transit) and the Community
Transportation Coordinator, Guidance Care Center, Inc., for a contract period of 7/1/2016 to
6/30/2017. This is a non -monetary partnership/collaboration contract required by the State of Florida
Commission for the Transportation Disadvantaged.
Item T1 Approval of Amendment #2 between Care in the Keys, Inc., d/b/a Island Private Care
and Monroe County Board of County Commissioners/Monroe County Social Services beginning
07/30/2016 and ending on 12/31/2016, to update Contractor details.
cc: County Attorney
Finance
File ✓
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
S:OCIAC SEP-Vico5
ORIGINAL Fully
STATE OF FLORIDA Executed
DEPARTMENT OF ECONOMIC OPPORTUNITY
CFDA Number(s):81.042, 93.568 Agreement Number: 16WX-0G-11-54-01-039
FEDERALLY FUNDED SUBGRANT AGREEMENT
WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS
THIS SUBGRANT AWARD AGREEMENT ("Agreement")is entered into between the State of Florida,
Department of Economic Opportunity,with headquarters in Tallahassee,Florida,(DEO)and Monroe,County
of, (Subrecipient) (each individually a "Party"and collectively"the Parties"),
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A.The U.S. Department of Energy(DOE)administers the Weatherization Assistance Program(WAP)
at the Federal level, and distributes WAP grant funds to states. The State of Florida's Department of
Economic Opportunity has received such grant funds from DOE, as well as funds from the U.S. Department
of Health and Human Services (HHS)for the State of Florida Low-Income Home Energy Assistance Program
(LIHEAP),which are administered in conjunction and blended with WAP funds.
B. DEO is the WAP grantee recipient agency for the State of Florida, designated by DOE to receive
funds annually for program purposes. DEO is authorized to distribute WAP funds to Subrecipient to provide
energy efficiency improvements to eligible households.
C. Subrecipient is eligible to receive these grant funds in order to provide the services identified
herein.
THEREFORE, DEO and Subrecipient agree to the following:
(1) SCOPE OF WORK
Subrecipient shall perform the work in accordance with Attachment A, Scope of Work, to this
Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
Subrecipient and DEO shall be governed by all applicable State and Federal laws, rules, and
regulations, including, but not limited to. those identified in Attachment B, Program Statutes and
Regulations.
(3) PERIOD OF AGREEMENT
This Agreement period will begin on April 1, 2016, and will end on March 31, 2017, unless
terminated earlier in accordance with the provisions of this Agreement, including, but not limited to
Paragraph(15), Termination,of this Agreement.
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fik) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement agreement. DEO shall reimburse Subrecipient for allowable
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed SEVENTY
THOUSAND,TWO HUNDRED AND SEVEN DOLLARS AND ZERO CENTS($70,207), subject to the legality of
the expenditures,availability of funds,and appropriate budget authority.
(b) Any advance payment under this Agreement is subject to section 216.181(16), Florida
Statutes (F.S.). The amount of advanced funds may not exceed the expected cash needs of Subrecipient
within the first three months of the term of this Agreement. If an advance payment is requested,the budget
data on which the request is based and a justification statement shall be included with this Agreement as
indicated in Attachment D, Justification of Advance. Attachment D must specify the amount of advance
disbursement requested and provide an explanation of the necessity for and proposed use of these funds.
(c) Subreciplent shall expend an amount equal to or greater than the amount of the initial
advance within the first three months of the term of this Agreement. If Subrecipient has not expended an
amount at least equal to the initial advance by the end of the first three months of the term of this
Agreement, Subrecipient shall submit a written explanation to DEO.
(d)After any initial advance, payments will 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 Budget,the State Chief Financial Officer, or
under Subparagraph (18)(f) of this Agreement, all obligations on the part of DEO to make any further
payment of funds terminate, and Subrecipient shall submit its closeout report within 30 calendar days of
receiving notice from DEO.
(f)Subrecipient and its contractors may only expend funding under this Agreement for allowable
costs resulting from obligations incurred during the Agreement period. To be eligible for reimbursement,
costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds,
including, but not limited to, the Reference Guide for State Expenditures
(http://www.myfloridacfo.com/aadir/reference guide/).
(g) Subrecipient shall refund to DEO any funds obligated to Subrecipient including, but not
limited to, any advance payments, and which remain unobligated by Subrecipient at the end of this
Agreement.
(h)Subrecipient shall refund to DEO all funds paid in excess of the amount to which Subrecipient
or its contractors are entitled under the terms and conditions of this Agreement.
(i) Subrecipient shall (i) maintain all funds provided under this Agreement in a separate bank
account or(in Subrecipient's accounting system shall have sufficient internal controls to separately track the
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expenditure of all funds from this Agreement. There shall be no commingling of funds provided under this
Agreement, with any other funds, projects, or programs; "commingling" of funds is distinguishable from
"blending" of funds specifically allowed by law.
Q) If Subrecipient commingles Agreement funds, DEO may, in its sole discretion,terminate this
Agreement for cause and demand an immediate refund, either in whole or in part, of all funds provided to
Subrecipient under this Agreement.Subrecipient,upon such written notification from DEO shall refund,and
shall pay to DEO,the amount of money demanded by DEO in accordance with Paragraph(17),Repayments,
of this Agreement.
(5) REPORTS
Subrecipient shall provide DEO with all required reports as set forth in Attachment C, Reports,
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, including but not limited to those described in Paragraph (14), Remedies, of this Agreement.
"Acceptable to DEO," means that the reports were completed, in DEO's sole determination, in accordance
with this Agreement.
(b) Subrecipient shall provide additional program updates, reports, and information as
requested by DEO.
(6) MONITORING
(a) Subrecipient is responsible for and shall monitor its performance under this Agreement.
Subrecipient shall monitor the performance of its contractors, consultants, agents, subcontractors and the
like,who are paid from funds provided under this Agreement or acting in furtherance of this Agreement.
(b) In addition to reviews of audits conducted in accordance with Paragraph (9) below,
monitoring procedures may include, but are not limited to, on-site visits by DEO staff, limited scope audits,
and other procedures.
(c) Subrecipient and its contractors shall' comply with the most recent WAP Monitoring
Protocol, provided to Subrecipient and available upon request from DEO, and cooperate with any
monitoring by DEO. If DEO determines that a limited scope review of Subrecipient is appropriate,
Subrecipient shall comply with all additional instructions provided by DEO regarding such review.
(d) Subrecipient shall comply and cooperate with any inspections, reviews, investigations,
audits,or hearings deemed necessary by DEO.the State of Florida Chief Financial Officer,the State of Florida
Auditor General, in accordance with section 20.055(5), F.S., any authorized representative of the awarding
Federal agencies, the U.S. Department of Energy and the U. S. Department of Health and Human Services,
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or any authorized representative of those Federal agencies' respective Federal Offices of the Inspector
General.
(e) Subrecipient shall cooperate with DEO and the Federal awarding agencies to assist
facilitating any monitoring visits conducted by DEO or the Federal awarding agencies. DEO may conduct
monitoring visits at its determination and in its sole discretion, but not less than once per program year.
1. Subrecipient shall cooperate with authorized representatives of DEO or the Federal
awarding agencies with the inspection of any dwelling unit that has received weatherization assistance.
Subrecipient shall use materials which are cost effective, safe, and of good quality and appearance in
performing under this Agreement. Discoveries of violations of WAP or DEO policies and procedures may
result in findings, as that term is defined in the WAP Monitoring Protocol, resulting in remedial work
requirements,corrective action plans,and/or disallowed costs.
2. Subrecipient shall have a qualified member of Subrecipient's staff, or an appropriately
licensed third party building inspector engaged by Subrecipient,inspect all work performed pursuant to this
Agreement.
3. Subrecipient shall require a provision in all contracts and subcontracts in furtherance of
this Agreement that any work performed by a contractor which does not meet quality expectations and that
requires correction shall be done at the contractor's expense.
(7) CONTRACTS
(a) Subrecipient shall not contract in furtherance of this Agreement prior to receiving DEO's
written confirmation that the proposed contract includes the following requirements:
1. Contractor is bound by the terms of this Agreement, and each contract and subcontract
shall specifically include the requirements set forth in Paragraph (9), Audits and Records, and Paragraph
(10), Information Release and Public Records Requirements, of this Agreement.
2.Contractor is bound by all applicable State and Federal laws and regulations;
3. Contractor shall indemnify and hold DEO and Subrecipient harmless against all claims of
whatever nature arising out of or related to the contractor's performance of work under this Agreement,to
the extent allowed by law; and
4. Contractor shall disclose to Subrecipient and DEO if it is on the Convicted Vendor List
identified in section 287.133(2), F.S.,or the Discriminatory Vendor List identified in section 287.134(2), F.S.
(b)For each contract,Subrecipient shall provide a written statement to DEO as to whether that
contractor is a certified minority business,as defined in section 287.0943, F.S.
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(c) Prior to entering into a contract with any contractor to be paid from funds from this
Agreement, Subrecipient shall submit to DEO a completed Attachment H, Certification Regarding
Debarment,to this Agreement.
(8) MODIFICATION OF AGREEMENT
Either Party may request modification of the provisions of this Agreement. Modifications of
provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties.
(9) AUDITS AND RECORDS
(a) Subrecipient's performance under this Agreement is subject to the applicable requirements
published in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, title 2 of the U.S. Code of Federal Regulations (C.F.R.) part 200, hereinafter referred to as the
"Uniform Guidance". If this Agreement is made with a commercial (for-profit) organization on a cost-
reim bu rsement basis,Subrecipient will be subject to the Federal Acquisition Regulations System,particularly
48 C.F.R. 431.2.
(b)Subrecipient shall retain all records pertaining to this Agreement, regardless of the form of
the record (e.g., paper,film, recording,electronic), including,but not limited to financial records,supporting
documents,statistical records, and any other documents(hereinafter referred to as"Records")for a period
of five State fiscal years after all reporting 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 five-year period,
the Records must be retained until resolution of the audit findings through litigation or otherwise.
Subrecipient shall cooperate with DEO to facilitate the duplication and transfer of such Records upon
request of DEO.The five-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 must 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 one
thousand dollars and zero cents($1,000.00)or more at the time it is acquired must be retained for five years
after final disposition of the non-expendable personal property.
3. Records relating to real property acquired must be retained for five years after the
closing on the transfer of title or in accordance with the Florida General Records Schedules maintained by
the Florida Department of State,whichever is longer.
4. Any additional Federal requirements identified in Attachment A,Scope of Work, of this
Agreement.
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(c)Subrecipient shall maintain all records for all contractors 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, Scope of Work, to this Agreement, as
well as all other applicable laws and regulations.
(d)Subrecipient shall give access to any of Subrecipient's records to representatives of DFO,the
Chief Financial Officer of the State of Florida, the Auditor 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 for the purposes of conducting audits, examinations,
investigations, or making excerpts or transcriptions.
(e) Subrecipient may, per rule 1B-24.003(9)(a), Florida Administrative Code, allow its public
records to be stored through electronic record keeping systems as substitutes for the original or paper copy.
(f) Subrecipient 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 must be available at reasonable times for inspection,
review,or audit by State personnel and other persons authorized by DEO or the Federal awarding agencies.
"Reasonable" means normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(h) If Subreci pient's expenditures of State financial assistance or Federal awards during its
applicable fiscal year(s) require it to conduct an audit in accordance with Exhibit 1,Audit Requirements, to
this Agreement,such audit will comply with all applicable requirements of Exhibit 1,Audit Requirements,to
this Agreement,section 215.97, F.S.,and the Uniform Guidance as applicable,and Subrecipient shall ensure
that all related party transactions are disclosed to the auditor.
ii)Subrecipient shall include the aforementioned audit and record-keeping requirements in all
contracts in furtherance of this Agreement.
(j) Subrecipient 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. For the IPA's audit to be
sufficient, it must state that Subrecipient complied with the applicable provisions noted in Exhibit 1, Audit
Requirements,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 requirements of 2 C.F.R. § 200.512, Report Submission, are applicable
to audits of Federal awards conducted in accordance with Subparagraph (5)(h)above.
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(I) If an audit, monitoring visit, or other documentation or verifiable information reveals that
any portion of the funds expended by Subrecipient are unallowable costs,then Subrecipient shall reimburse
DEO, and DEO shall have the right to recover such funds.The amount of reimbursement or recovery will be
equal to the amount of funds determined by DEO to be unallowable. Subrecipient shall send such
reimbursement to DEO within 30 calendar days after DEO has notified Subrecipient of such non-compliance.
(m) Within 60 calendar days of the close of Subrecipient's fiscal year, on an annual basis,
Subrecipient shall electronically submit a completed Audit Compliance Certification, attached hereto as
Exhibit 2,to audit@deo.myflorida.com. Subrecipient'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, memoranda of agreement, economic incentive award
agreements, and the like) between DEO and Subrecipient.
(10) INFORMATION RELEASE AND PUBLIC RECORDS REQUIREMENTS
(a) In addition to Subrecipients' responsibility to directly respond to each request it receives for
records made or received by Subrecipient in conjunction with this Agreement and to provide the applicable
public records in response to such request, Subrecipient shall notify DEO of the receipt and content of such
request by sending an e-mail to PRRequest@deo.myflorida.com within one business day from receipt of
such request.
(b) Subrecipient shall keep and maintain public records required by DEO to perform
Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DEO's custodian of public
records, provide DEO with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by chapter 119, ES., or as
otherwise provided by law. Subrecipient shall allow public access to all documents, papers, letters or other
materials made or received by Subrecipient 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), ES. For records made
or received by Subrecipient in conjunction with this Agreement, Subrecipient shall respond to requests to
inspector copy such records in accordance with chapter 119, ES. For all such requests for records that are
public records, as public records are defined in section 119.011, F.S., Subrecipient 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, ES., or as otherwise provided by law.
(c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with
Florida's public records laws or to allow public access to any public record made or received by Subrecipient
in conjunction with this Agreement.
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(d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in section
119.0701(1)(a),F.S. ("Subrecipient-contractor'),Subrecipient-contractor shall transfer to DEQ at no cost to
DEO,all public records upon completion including termination, of this Agreement, or keep and maintain
public records required by DEO to perform the service. If Su brecipient-contractor transfers all public records
to the public agency upon completion of the contract, the contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements. If
Subrecipient-contractor keeps and maintains public records upon completion of the contract,Subrecipient-
contractor shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to DEO, upon request from DEC's custodian of public records, in a format
that is compatible with the information technology systems of DEO.
(e)If DEO does not possess a record requested through a public records request,DEO shall notify
Su breci pient-contractor of the request as soon as practicable,and Subrecipient-contractor must provide the
records to DEO or allow the records to be inspected or copied within a reasonable time. If Subrecipient-
contractor does not comply with DEC's request for records, DEO shall enforce the provisions set forth in this
Agreement. A Subrecipient who fails to provide public records to DEO within a reasonable time may be
subject to penalties under section 119.10, F.S.
(f) Subrecipient shall notify DEO verbally within 24 chronological hours and in writing within 72
chronological hours if any data in Subrecipient'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. Subrecipient shall cooperate with DEO,in taking all steps as DEO deems
advisable, to prevent misuse, regain possession, or otherwise protect the State's rights and the data
subject's privacy.
(g)Subrecipient acknowledges that DEO is subject to the provisions of chapter 119, F.S.,relating
to public records and that reports, invoices, and other documents Subrecipient submits to DEO under this
Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO
regarding DEO's efforts to comply with the requirements of chapter 119, F.S.
(h) If Subrecipient submits records to DEO that are confidential and exempt from public
disclosure as trade secrets or proprietary confidential business information, such records should be
identified as such by Subrecipient prior to submittal to DEO. 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
Subrecipient's waiver of a claim of exemption.Subrecipient shall ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement term and following completion of the Agreement if
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Subrecipient-contractor does not transfer the records to DEO upon completion, including termination, of
the Agreement.
(i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT-
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at
850-245-7140, via e-mail at PRRequest(wdeo.myflcrida.corn or by mail at
Department of Economic Opportunity, Public Records Coordinator, 107 East
Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128.
(j)To the extent allowable by law,Subrecipient shall be fully liable for the actions of its agents,
employees, partners, subrecipients, contractors, and subcontractors and shall fully indemnify, defend, and
hold harmless the State and DEO, 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 public record
requests or public record law violation(s),alleged to be caused in whole or in part by Subrecipient,its agents,
employees, partners, subrecipients, contractors, or subcontractors, provided, however, that Subrecipient
does not indemnify for that portion of any costs or damages proximately caused by the negligent act or
omission of the State or DEO. DEO, in its sole discretion,has the right,but the not obligation,to enforce this
indemnification provision.
(k) DEO does not endorse any Subrecipient, commodity,or service. No public disclosure or
news release pertaining to this Agreement shall be made without the prior written approval of DEO.
Subrecipient is prohibited from using Agreement information,or DEO customers in sales brochures or
other promotions, including press releases, unless prior written approval is obtained from DEO.
(11) EMPLOYMENT ELIGIBLITY 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 Subrecipient to:
t. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by Subrecipient during this Agreement term;and,
2. Include in all contracts under this Agreement, the requirement that contractors
performing work or providing services pursuant to this Agreement utilize the EVerify system to verify the
employment eligibility of all new employees hired by the contractor during the term of the contract.
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(b) If Subrecipient does not have an [-Verify MOU in effect, Subrecipient shall enroll in the E-
Verify system prior to hiring any new employee after the effective date of this Agreement.
(12) INDEMNIFICATION; INDEPENDENT CONTRACTOR STATUS
(a) Unless Subrecipient is a State agency or subdivision, as defined in section 768.28(2). ES.,
Su brecipient is fully liable for the actions of its agents, employees, partners, contractors, or subcontractors
and shall fully indemnify, defend, and hold harmless the State and DEO, 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 rea'. or personal tangible property alleged to be
caused in whole or in part by Subrecipient, its agents,employees, partners,contractors,or subcontractors,
provided, however, that Subrecipient has no affirmative duty to indemnify for that portion of any loss or
damages proximately caused by the negligent act or omission of the State or DEO.
Any Subrecipient which is a State agency or subdivision, as defined in section 768.28(2), F.S.,
shall be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against
DEO,and shall 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
Subrecipient to which sovereign immunity applies. Nothing herein may 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 Agreement, Subrecipient is an independent contractor and is not an
employee or agent of DEO. DEO shall neither have nor exercise any control or direction over the methods
by which Subrecipient shall perform its work and functions other than as provided herein. Nothing in this
Agreement is intended to or may be deemed to constitute a partnership or joint venture between the
Parties. Subrecipient shall not represent to others that Subrecipient has the authority to bind DEO unless
specifically authorized to do so. Subrecipient shall act as necessary to ensure that each of Subrecipient's
contractors is deemed to be an independent contractor, and will not be considered or permitted to be an
agent, servant,joint venturer, or partner of DEO or the State of Florida. DEO has no duty to withhold taxes
with respect to Subrecipient's compensation hereunder. Subrecipient 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. Subrecipient shall ensure
that its employees,contractors,subcontractors,and other agents,receive benefits and necessary insurance
(health,workers'compensation, reemployment assistance benefits)from an employer other than the State
of Florida. Subrecipient, at all times during the Agreement, shall comply with the reporting and
Reemployment Assistance contribution payment requirements of chapter 443, F.S.
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(13) 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 (14),Remedies,of this Agreement. However, 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:
(a) If any warranty or representation made by Subrecipient in this Agreement, or any previous
agreement with DEO is, or becomes, false or misleading in any respect, or if Subrecipient 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 timely,according to the terms of this Agreement,and in DEO's sole discretion,or
is unable or unwilling to meet its obligations under this Agreement;
(b) If a material adverse change occurs in the financial condition of Subrecipient at any time
during the term of this Agreement, and Subrecipient fails to cure this adverse change within 30 calendar
days from the date written notice is sent by DEO;
(c) If Subrecipient fails to submit any reports required by this Agreement, or if Subrecipient
submits a report to DEO with incorrect, incomplete, or insufficient information;
(d) If Subrecipient fails to perform, or timely complete, in DEO's sole, reasonable
determination, any of its obligations under this Agreement;
(e) If Subrecipient misuses funds,commits fraud,or does not comply with any applicable rules,
laws, or regulations;or
(f) If Subrecipient refuses to permit public access to any document, paper, letter, or other
material subject to disclosure under chapter 119, F.S.,as amended.
(14) REMEDIES
If an Event of Default occurs DEO shall exercise any or all of the following remedies, either
concurrently or consecutively:
(a)Terminate this Agreement, if Subrecipient has not cured the default within 30 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 any corrective or remedial actions,to include but not be limited to:
1. Request additional information from Subrecipient to determine the reasons for or the
extent of non-compliance or lack of performance,
Page 11 _.. -..
2. Issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. Advise Subrecipient to suspend, discontinue, or refrain from incurring costs for any
activities in question,or
4. Require Subrecipient to reimburse DEO for the amount of costs incurred for any items
determined to be ineligible or unallowable;
(e) Exercise any other rights or remedies which may be otherwise available under law or in
equity.
Pursuing any of the above remedies will not limit any of DEC's other remedies, and all rights
and remedies set forth in this Agreement are cumulative to any other rights or remedies available to DEO,
in law or in equity. If DEO waives any right or remedy in this Agreement, or fails to insist on strict
performance by Subrecipient, it will not affect, extend or waive any other right or remedy of DEO,or affect
the later exercise of the same right or remedy by DEO for any other default by Subrecipient.
(15) TERMINATION
(a) DEO may terminate this Agreement for cause upon 48 hours written notice.Cause includes,
but is not limited to: an Event of Default as set forth in Paragraph (13), Default, of this Agreement or
Subrecipient's failure to cure an Event of Default within 30 calendar days from receipt of notice. The
Subrecipient shall not be entitled to recover any cancellation charges or lost profits.
(b) DEO may terminate this Agreement, in whole or in part, for convenience by providing
Subrecipient no less than 48 hours written notice setting forth the reasons for such termination, the
effective date, and, in the case of partial termination,the portion to be terminated. However, if in the case
of partial termination, DEO determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, DEO may terminate the award in its entirety. Subrecipient shall
continue to perform any work not terminated, Subecipient shall not be entitled to recover any cancellation
charges or lost profits.
(c)The Parties may terminate this Agreement for their mutual convenience through a written
amendment to 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, Subrecipient shall immediately stop incurring new
obligations upon receipt of the notice. If DEO determines that Subrecipient has cured the Event of Default
within the 30-day cure period, DEO will provide notice to Subrecipient of such and when Subrecipient 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
Page 12
Agreement is terminated by DEO because of Subrecipient's breach, such termination shall not
relieve Subrecipient of liability under this Agreement. DEO may,to the extent authorized by law,withhold
payments to Subrecipient for the purpose of set-off until the exact amount of damages due DEO from
Subrecipient is determined.
(e) Termination of this Agreement by DEO immediately releases DEO from any further
performance obligations set forth herein.
(16) NOTICE AND CONTACT
(a) All notices provided by Subrecipient under or pursuant to this Agreement shall be in writing
to DEO's Grant Manager, and delivered by standard or electronic mail using the contact information
provided in Subparagraph 16(b)below.
(b) The name and address of DEO's Grant Manager for this Agreement is:
Debbie Smiley,Grant Manager
Department of Economic Opportunity
Division of Community Development
Bureau of Community Assistance
107 East Madison Street, MSC 400
Tallahassee, Florida 32399-4120
Email: Debbie.Smiley@deo.myflorida.com
Phone:850-717-8467
(c) The name and address of Subrecipient's Representative responsible for the administration
of this Agreement is stated in Attachment 1,Subrecipient information,of this Agreement.
(d) If a different representative or address is 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 (16)(a), above.
(17) REPAYMENTS
(b) All remittances, 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 Economic Opportunity
Division of Community Development
Bureau of Community Assistance
107 East Madison Street. MSC 400
Tallahassee, Florida 32399-4120
__.. _... _... Page 13 _ _...
In accordance with section 215.34(2), F.S. if a check, or other draft, is returned to DEO for collection,
Subrecipient shall pay to DEO a service fee of fifteen dollars and zero cents($15.00)or five percent(5%) of
the face amount of the returned check or draft,whichever is greater.
(b) If Subrecipient's non-compliance with any provision of this Agreement results in additional
cost or monetary loss to DEO,the State of Florida,or a Federal awarding agency, DEO may recoup that cost
or loss from monies owed to Subrecipient under this Agreement or any other Agreement between
Subrecipient and any State entity. If the discovery of this cost or loss arises when no monies are available
under this Agreement or any other Agreement between Subrecipient and any State entity,Subrecipient will
repay such cost or loss in full to DEO within 30 days of the date of notice of the amount owed, unless DEO
agrees, in writing,to an alternative timefra me.
(18) MANDATED CONDITIONS AND OTHER LAWS
(a) The validity of this Agreement is subject to the truth and accuracy of all information,
representations,and materials provided by Subrecipient in entering into this Agreement, in response to any
DEO request, or to fulfill the requirements of this Agreement. If Subrecipient provides any materially
inaccurate information to DEO, then DEO may terminate this Agreement pursuant to Paragraph (15),
Termination, above.
(h)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 (13), 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. Unless authorized by law and
agreed to in writing by DEO, DEO shall not be liable to pay attorney fees, interest, expenses or cost of
collection in conjunction with this Agreement.
(c) Any power of approval or disapproval granted to DEO under the terms of this Agreement
shall survive the termination,including expiration,of this Agreement. The provisions of Attachment A,Scope
of work,Paragraphs(9),(10),(12),(14),(17),and this Paragraph(18),shall survive the termination,including
expiration,of this Agreement; provided, however,that the record-keeping and audit-related obligations set
forth in Paragraph (10,) Audits and Records, of this Agreement shall terminate in accordance with the
requirements of Paragraph (10).
(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.
Page 14
•
(e) Subrecipient shall comply with the Americans With Disabilities Act (Public Law 101-336, 42
U.S.C. § 12101, et seq.), and the Florida Civil Rights and Fair Housing Acts (sections 760.01—760.37, F.S.),
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 is subject to any modification in accordance with
chapter 216, F.S., or the Florida Constitution.
(g)Subrecipient shall submit all bills for fees or other compensation for services or expenses in
detail sufficient for a proper pre-audit and post-audit thereof.
(h) Subrecipient shall submit any bills for travel expenses in accordance with section 112.061,
F.S.
(i) Subrecipient must place advances of funds under this Agreement, if any, in an interest-
bearing account and shall remit all interest income to DEO in accordance with Paragraph (17), Repayments,
of this Agreement.
(j)Subrecipient is subject to, and shall comply with, Florida's Government in the Sunshine Law,
section 286.011, FS., with respect to the meetings of Subrecipient'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 he 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.
(k) Subrecipient warrants that all unmanufactured and manufactured articles, materials, and
supplies which are acquired for public use under this Agreement have been produced in the United States
as required under 41 U.S.C. §8302, unless it would not be in the public interest or unreasonable in cost.
(I)Subrecipient is subject to and shall comply with sections 11.062 and 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. Subrecipient 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 anyone 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 anyone 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. Upon request of DEO's Inspector General,or other
_. __. Page15
authorized State official, Subrecipient shall provide any type of information the Inspector General deems
relevant to Subrecipient's integrity or responsibility. Such information may include, but is not limited to,
Subrecipient's business or financial records, documents, or files of any type or form that refer to or relate
to this Agreement.Subrecipient 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.
(m)Subrecipient shall reimburse the State for the reasonable costs of investigation incurred by
the Inspector General or other authorized State or Federal official for investigations of Subrecipient's
compliance with the terms of this or any other agreement between Subrecipient and the State which results
in the termination, suspension, or debarment of Subrecipient 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. Subrecipient will not be responsible for any costs of investigations that do not result in
Subrecipient's termination,suspension, or debarment.
(n) Pursuant to section 287.133(2)(a), F.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
287.017, F.S.,for Category Two for a period of thirty-six(36) months from the date of being placed on the
convicted vendor list. Subrecipient affirms that it is aware of the provisions of section 287.133(2)(a), U.S.,
and that at no time has Subrecipient been convicted of a Public Entity Crime. Subrecipient shall not violate
such law and any conviction during the term of this Agreement may result in the termination of this
Agreement in accordance with section 287.133(4), E.S.
(o) Subject to chapter 119, F.S., Subrecipient shall not publicly disseminate any information
concerning this Agreement without prior written approval from DEO, including, but not limited to
mentioning this Agreement in a press release or other promotional material, identifying DEO or the State as
a reference, or otherwise linking Subrecipient's name and either a description of this Agreement or the
name of DEO or the State in any material published,either in print or electronically,to any entity that is not
a Party to this Agreement, except potential or actual authorized distributors, dealers, resellers, or service
representatives.
Page 16
(p)As required by section 286.25, F.S., if Subrecipient 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 Monroe, County of, and the State of Florida, Department of Economic Opportunity." If the
sponsorship reference is in written material, the words "State of Florida, Department of Economic
Opportunity" must appear in the same size letters or type as the name of the organization.
(q) Mandatory Disclosure Requirements:
1. Conflict of Interest: Subrecipient is subject to chapter 112, F.S. Subrecipient-contractor
shall disclose the name of any officer, director, employee, or other agent who is also an employee of the
State. Subrecipient-contractor shall also disclose the name of any State employee who owns, directly or
indirectly, more than a five percent(5%) interest in Subrecipient-contractor or its affiliates.
2. Convicted Vendors: Subrecipient is subject to section 287.133, F.S., and shall disclose to
DEO if Subrecipient or any of its affiliates, as defined by section 287.133(1)(a), F.S., is on the Convicted
Vendor List. A person or affiliate placed on the Convicted Vendor List following a conviction for a Public
Entity 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 one million
dollars ($1,000,000.00) or more, in executing this Agreement, Subrecipient 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 215.473, F.S., or the Scrutinized
Companies that Boycott Israel List,created pursuant to 215.4725, F.S.,or engaged in a boycott of Israel,or
engaged in business operations in Cuba or Syria.
a. Pursuant to section 287.135, F.S., DEO may immediately terminate this Agreement for
cause if Subrecipient is found to have submitted a false certification or if Subrecipient is placed on the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List,or is engaged in a boycott of Israel,or has been engaged in business operations
in Cuba or Syria,during the term of this Agreement.
b. If DEO determines that Subrecipient has submitted a false certification, DEO shall
provide written notice to Subrecipient. Unless Subrecipient demonstrates in writing, within 90 days of
receipt of the notice, that DEO's determination of false certification was made in error, DEO shall bring a
civil action against Subrecipient. If DEO's determination is upheld, Subrecipient will be liable for a civil
penalty equal to the greater of two million dollars and zero cents($2,000,000.00)or twice the amount of
this Agreement,and Subrecipient will be ineligible to bid on any contract with an agency or local
Page 17
(p)As required by section 286.25, F.S.,if Subrecipient 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[Subreci pie •'s name]and the State of Florida, Department of Economic Opportunity."If the
sponsorship reference is in ritten material, the words "State of Florida, Department of Economic
Opportunity" must appear in the .ame size letters or type as the name of the organization.
(q) Mandatory Disclos e Requirements:
1. Conflict of Interes Subrecipient is subject to chapter 112, F.S. Subrecipient-contractor
shall disclose the name of any officer, director, employee, or other agent who is also an employee of the
State. Subrecipient-contractor shall als. disclose the name of any State employee who owns, directly or
indirectly, more than a five percent(5%) in rest in Subrecipient-contractor or its affiliates.
2. Convicted Vendors: Subreci.'ent is subject to section 287.133, F.S., and shall disclose to
DEO if Subrecipient or any of its affiliates, as d:fined by section 287.133(18a), ES., is on the Convicted
Vendor List. A person or affiliate placed on the i evicted Vendor List following a conviction for a Public
Entity Crime is prohibited from doing any of the acti 'ties listed in Subparagraph (20)(n) above for a period
of 36 months from the date of being placed on the Con icted Vendor List.
3.Vendors on Scrutinized Companies Lists. If this Agreement is in the amount of one million
dollars ($1,000,000.00) or more, in executing this Agreeme t, Subrecipient certifies that it is not listed on
either the Scrutinized Companies with Activities in Sudan List sr the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, created pursuant to .ection 215.473, F.S., or the Scrutinized
Companies that Boycott Israel List, created pursuant to 215.4725, ., or engaged in a boycott of Israel, or
engaged in business operations in Cuba or Syria.
a. Pursuant to section 287.135, F.S., DEO may imme.'.tely terminate this Agreement for
cause if Subrecipient is found to have submitted a false certification o if Subrecipient is placed on the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Comp. ies with Activities in the Iran
Petroleum Energy Sector List,or is engaged in a boycott of Israel,or has been e :aged in business operations
in Cuba or Syria, during the term of this Agreement.
b. If DEO determines that Subrecipient has submitted a fals- certification, DEO shall
provide written notice to Subrecipient. Unless Subrecipient demonstrates in writ g, within 90 days of
receipt of the notice, that DEO's determination of false certification was made in err.r, DEO shall bring a
civil action against Subrecipient. If DEO's determination is upheld, Subrecipient will b- liable for a civil
penalty equal to the greater of two million dollars and zero cents (52,000,000.00) or twit: the amount of
this Agreement, and Subrecipient will be ineligible to bid on any contract with an a:-ncy or local
Page17
governmental entity for three (3) years after the date of DEO's determination of false certification by
Subrecipient.
c. If 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:Subrecipient is subject to section 287.134, F.S.and affirms that it
is aware of the provisions of section 287.134(2)(a), F.S., and that at no time has Subrecipient been placed
on the Discriminatory Vendor List.Subrecipient shall not violate such law during the term of this Agreement.
Subrecipient shall disclose to DEO if Subrecipient or any of its affiliates,as defined by section 287.134(1)(a),
F.S., 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;
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 Exploitation Incident Reporting:In compliance with sections 39.201 and
415.1034, F.S., an employee of Subrecipient 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 Hotline by calling 1-800-96ABUSE, or via the web reporting
option at http://www.dcf.state.flus/abuse/report/,or via fax at 1-800-914-0004.
(19) FEDERAL REQUIREMENTS PERTAINING TO LOBBYING
(a) Federal grant funds provided under this Agreement may not be used by Subrecipient or any
contractor to support lobbying activities to influence proposed or pending Federal 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.
(b) Subrecipient 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 Subrecipient,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,
_. _ _. .. . .. Page 18
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
(c) Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying" if any funds other than Federally 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.
(d) Subrecipient shall comply with the requirements of 31 U.S.C. 4 1352, and require all
contractors of subawa rds (including contracts, subcontracts, subgrants, grants, loans, and cooperative
agreements) to comply with 31 U.S.C. § 1352. In addition, Subrecipient shall ensure that all subawards
contain the certification set forth in Subparagraph (21)(b) above and the content of Subparagraph (21)(c)
above. Subrecipient shall require that all contractors provide such certifications and, when applicable,
submit 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 ten thousand dollars and zero cents
($10,000.00)and not more than one hundred thousand dollars and zero cents ($100,000.00)for each such
expenditure and such failure.
(20) COPYRIGHT, PATENT AND TRADEMARK
Any, and all, patent rights accruing under or in connection with the performance of this
Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in
connection with the performance of this Agreement are hereby transferred by Subrecipient to the State of
Florida.
(a) If Subrecipient has a pre-existing patentor copyright, Subrecipient shall retain all rights and
entitlements to that pre-existing patentor 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 way connected with it,Subrecipient 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,Subrecipient
shall notify DEO. Any copyrights accruing under or in connection with the performance under this
Agreement are transferred by Subrecipient to the State of Florida.
Page 19 __ .
(c)Within thirty days of execution of this Agreement,Subrecipient 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. Subrecipient 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.DEO
shall then,under Subparagraph (b), above, have the right to all patents and copyrights which accrue during
performance of this Agreement.
(21) LEGAL AUTHORIZATION
(a) Subrecipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The undersigned person certifies that he or she has the authority to legally execute and bind Subrecipient
to the terms of this Agreement.
(b) Prior to execution of this Agreement, Subrecipient shall disclose all prior or on-going civil or
criminal litigation, investigations, arbitration or administrative proceedings (Proceedings) involving
Subreripient (and each of Subrecipient's contractors) in a written statement to DEO's Grant Manager.
Thereafter, Subrecipient has a continuing duty to promptly disclose all Proceedings upon occurrence. This
duty of disclosure applies to Subrecipient's and Subrecipient's contractor's officers and directors when any
Proceeding relates to the officer's 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.
(22) ASSURANCES
Subrecipient shall comply with any Statement of Assurances incorporated as Attachment F.
(23) PURCHASING
(a) Prison Rehabilitative Industries and Diversified Enterprises, 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, F.S., IN THE SAME MANNER AND
UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; 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.
Page 20
The above clause is not applicable to contractors unless otherwise required by law. Additional information
about PRIDE and the products it offers is available at http://www.pride-enterprises.org.
(b) Products Available from the Blind or Other Handicapped (RESPECT): In accordance with
section 413.036(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
htto://www.respectofflorida.org.
(c)Subrecipient shall 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.
(24) SEVERABILITY
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.
(25) PROGRAMMATIC DOCUMENTS
Subrecipient represents and warrants that it has notice of, and agrees to be bound by and
provide its services and perform this Agreement in accordance with, the following Programmatic
Documents,and any revisions thereto,which are incorporated herein by reference,and which are available
upon request from DEO's Grant Manager for this Agreement, as set forth in Paragraph (16), Notice and
Contact,above:
(a) The Florida Weatherization Assistance Program Health and Safety Plan (WAP Safety Plan);
(b) The 2015 Florida Weatherization Assistance Program Procedures and Guidelines Manual
(WAP Procedures Manual);
(c) The Florida Weatherization Assistance Program Single Family Priority Lists Site Built and
Manufactured Homes(WAP Priority List);
Page 21
(d) The Florida Weatherization Assistance Program Monitoring Protocol (WAP Monitoring
Protocol);and
(e) The Florida Standard Work Specifications Field Guide for Single-Family Homes and the
Florida Standard Work Specifications Field Guide for Manufactured Housing(Field Guides).
(26) ATTACHMENTS AND EXHIBITS
(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:
Exhibit 1-Audit Requirements
Exhibit 1-A—Funding Sources
Exhibit 2—Audit Compliance Certification
Attachment A-Scope of Work
Exhibit 1 to Attachment A—Budget Directions
Exhibit 2 to Attachment A-Budget&County Allocations
Exhibit 3 to Attachment A—Schedule of Deliverables
Attachment B-Program Statutes and Regulations
Attachment C- Reports
Attachment D-Justification of Advance
Attachment E-Property Management and Procurement
Attachment F-Statement of Assurances
Attachment G-Warranties and Representations
Attachment H-Certification Regarding Debarment
Attachment I—Trafficking Victims Protection Act of 2000
Attachment 1-Subrecipient Information
(27)TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties.
- - — Page 22 --
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
IN WITNESS WHEREOF,the Parties have duly executed and delivered this Agreement as of the
date set forth below.
SUBRECIPIENT STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
Monroe,County of
(Type Legal Name of Subrecipient)
By: b A _l By:
H yor or
( ype Name
�and
'Title Here) Director, Divis'onnlof Comm ity Development
Date: /l2+o/h' Date: '9/7//b
59-6000749 l/ Approved as to form and legal
Federal Identification Number sufficiency,subject only to full and
proper execution by the Parties.
073876757
DUNS Number Office of the General Counsel
Department of Economic Opportunity
16 W X-0G-11-54-01-039
Agreement Number
By:/
Approved Date: (te
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A P VED F�M
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-_ _- - Page 23 11;i7 -�llS-*PM
FY 2016 WAP AGREEMENT
EXHIBIT 1
AUDIT REQUIREMENTS
The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or
monitoring by DEO as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, E S.,
as revised(see"AUDITS" below), monitoring procedures may include, but not be limited to,on-site visits by
DEO staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this agreement, the Subrecipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by DEO.In the event OFO determines that a limited scope audit
of the recipient is appropriate,the Subrecipient agrees to comply with any additional instructions provided
by DEO staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial
Officer(CFO)or Auditor General.
AUDITS
PART I:FEDERALLY FUNDED •
This part is applicable if the recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133,as revised.
1. In the event that the Subrecipient expends$300,000($500,000 for fiscal years ending after December
31,2003)or more in Federal awards in its fiscal year,the Subrecipient must have a single or program-
specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised. Exhibit
1-A to this agreement indicates Federal resources awarded through DEO by this agreement. In
determining the Federal awards expended in its fiscal year,the Subrecipient shall consider all sources
of Federal awards, including Federal resources received from OFO.The determination of amounts of
Federal awards expended should be in accordance with the guidelines established by OMB Circular A-
133,as revised..An audit of the Subrecipient 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, the recipient shall fulfill
the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133,as revised.
3. If the Subrecipient 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 the Subrecipient expends less than
$300,000 ($500,000 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 A-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 the recipient resources obtained from other than Federal entities).
4. Title 2 C.F.R. part 200, entitled Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, also known as the Uniform Guidance,supersedes and consolidates
the requirements of OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102 and A-133 and is effective
Page 24 _.
for Federal awards or increments of awards issued on or after December 26,2014. Please refer to title
2 C.F.R. part 200 for revised definitions, reporting requirements and auditing thresholds referenced
in this Attachment and Agreement accordingly. 2 C.F.R. part 200, has been adopted and
supplemented, and given regulatory effect by DOE at 2 C.F.R. part 910.
Part II:STATE FUNDED
This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in
excess of$500,000 in any fiscal year of such Subrecipient(for fiscal years ending September 30, 2004
or thereafter),the Subrecipient must have a State single or project-specific audit for such fiscal year
in accordance with Section 215.97, ES.;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. Exhibit 1-A to this agreement indicates state financial assistance awarded
through DEO by this agreement. In determining the state financial assistance expended in its fiscal
year, the Subrecipient 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, the Subrecipient shall
ensure that the audit complies with the requirements of section 215.97(8), Florida Statutes. This
includes submission of a financial reporting package as defined by section 215.97(2), Florida Statutes,
and Chapters 10.550 (local governmental entities) or 10.650(nonprofit and for-profit organizations),
Rules of the Auditor General.
3. If the Subrecipient expends less than $500,000 in state financial assistance in its fiscal year(for fiscal
years ending September 30,2004 or thereafter),an audit conducted in accordance with the provisions
of section 215.97, Florida Statutes, is not required. In the event that the Subrecipient expends less
than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in
accordance with the provisions of section 215.97, F.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 the Subrecipient's
resources obtained from other than State entities).
4. Additional information regarding the Florida Single Audit Act can be found at:
http://www.myflorida.com/audgen/pages/fisaa.htm
PART III:OTHER AUDIT REQUIREMENTS
None.
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 agreement shall be submitted,when required by Section 320(d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following at the
address indicated:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.myflorida.com
Page 25 _. _..
or
Paper(hard copy):
Department Economic Opportunity
MSC It 130,Caldwell Building
107 East Madison Street
Tallahassee, FL 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:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'h Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and (f),
OMB Circular A-133,as revised.
2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Subrecipient 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@Jdeo.myflorida.com
or
Paper(hard copy):
Department Economic Opportunity
MSC# 130,Caldwell Building
107 East Madison Street
Tallahassee, FL 3 2 3 99-4 126
3. Copies of financial reporting packages required by Part II of this agreement shall be submitted by or
on behalf of the Subrecipient directly to each of the following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit(Thdeo.myflorida.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
_. -._ Page 26 _ . _
111 West Madison Street
Tallahassee, FL 32399-1450
Email Address:flaudgen_localgovt@aud.state.fl.us
4. Copies of reports or the management letter required by Part III of this agreement shall be submitted
by or on behalf of the Subrecipient 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 A-133, Florida Statutes, and
Chapters 10.550(local governmental entities) or 10.650(nonprofit and for-profit organizations), Rules
of the Auditor General,as applicable.
6. Subrecipients,when submitting financial reporting packages to DEO for audits done in accordance with
OMB Circular A-133 or Chapters 10.550(local governmental entities)Cr 10.650(non-profit and for-profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the Subrecipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
1. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this
agreement 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, CEO, or Auditor General access to such records
upon request.The Subrecipient shall ensure that audit working papers are made available to DEO,or its
designee, CFO, 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 DEO.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 until the end of the controlling period as identified above, whichever is
longer.
_.._ _.. _. _.. Page27
FY 2016 WAP AGREEMENT
EXHIBIT 1-A
FUNDING SOURCES
FEDERAL RESOURCES AWARDED TO SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Subrecipient's DUNS Registered Name: Monroe, County of
Subrecipient's DUNS Number: 073876757
Federal Award Identification Number: G-1601FLLIEA
Federal Award Date: October 22,2015
Subaward Period of Performance Start and End Date: April I, 2016 through March 31,2017
Amount of Federal Funds Obligated by this action by the pass-through 9012,0�
entity to Subrecipient: q4 19100
Total Amount of the Federal Funds Obligated to Subrecipient by the $ ' .$•
pass-through entity including the current obligation: } 11lIb
Total Amount of the Federal Award committed to Subrecipient by the _$bl-R4]D9'DW $Ws WI...—
pass-through entity: ?rr4I1 t lo.Aa,nt
Federal award project description,as required to be responsive to the Energy savings home improvements to
Federal Funding Accountability and Transparency Act(FFATA): eligible low income households.
Federal Awarding Agency: U.S. Department of Health and Human
}—.
Services; 1
Pass-Through Entity: Florida Department of Economic OpportunityItlll
Contact Information for Awarding Official of pass-through entity: ' Contact Paula Lemma 850-717-8450 `:
Catalog of Federal Domestic Assistance Number: 93,568
_
Catalog of Federal Domestic Assistance Title: Low Income Home Energy Assistance
Program -H.11‘,. 0
Research and Development: No
Indirect Cost Rate Of not applicable,please write"N/A"): -'Y"% 5
Subrecipient's DUNS Registered Name: N/A
SubrecipienYs DUNS Number: N/A
Federal Award Identification Number: DE-EE0006146
Federal Award Date: N/A
Subaward Period of Performance Start and End Date: N/A
Amount of Federal Funds Obligated by this action by the pass-through N/A
entity to Subrecipient:
Total Amount of the Federal Funds Obligated to Subrecipient by the N/A
pass-through entity including the current obligation:
Total Amount of the Federal Award committed to Subrecipient by the N/A
pass-through entity:
Federal award project description,as required to be responsive to the Energy savings home improvements to
Federal Funding Accountability and Transparency Act(FFATA): eligiole low income households
Federal Awarding Agency: U.S. Department of Energy
_. . _. Page2R
Pass-Through Entity: Florida Department of Economic Opportunity
Contact Information for Awarding Official of Pass-Through Entity: Contact: Paula Lemmo,850-717-8450
Catalog of Federal Domestic Assistance Number: 81042
Catalog of Federal Domestic Assistance Title: Weatherization Assistance Program
Research and Development: - _. li No -
Indirect Cost Rate(if not applicable,please write"N/A"):
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Federal Program:
1 Subrecipient shall use the WAP 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,applicable Uniform Guidance,WAP Procedures Manual,Field Guides and the FEY 2016
WAP State Plan.
2. Subrecipient shall comply with applicable Uniform Guidance, DEO'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 — Weatheriaation Assistance Program for Low-
Income Persons.
STATE RESOURCES AWARDED TO SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING: N/A
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program: N/A
SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
State Project: N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS: N/A
NOTE:Title 2 C.F.R. 9 200.331 and section 216.97(5), Florida Statutes, require that the information about
Federal Programs and State Projects included in Exhibit 1 be provided to Subrecipient.
Page 29 _ _.
FY 2016 WAP AGREEMENT
EXHIBIT 2
Audit Compliance Certification
Email a copy of this form within 60 days of the end of each fiscal year in which this grant was open
to audit@deo.myflarida.com.
Grantee:
FEIN: Grantee's Fiscal Year:
Contact's Name: Contact's Phone:
Contact's Email:
1. Did Grantee expend State financial assistance, 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 Subrecipient and the Department of Economic
Opportunity(DEO)? n Yes ❑ No
If the above answer is yes, answer the following before proceeding to item 2.
Did Grantee expend$750,000 or more of State financial assistance(from DEO and all other sources
of State financial assistance combined) during its fiscal year? Yes No
If yes,Subrecipient 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 Subrecipient 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 Subrecipient and DEO? ❑Yes n No
If the above answer is yes, also answer the following before proceeding to execution of this
certification:
Did Subrecipient expend $750,000 or more in Federal awards (from DEO and all other sources of
Federal awards combined) during its fiscal year? I I Yes I No
If yes, Subrecipient certifies that it will timely comply with all applicable single or program-
specific audit requirements of title 2 C.F.R.part 200,subpart F,as adopted and supplemented by
DOE at 2 C.F.R.part 910. .
By signing below, I certify,on behalf of Subrecipient,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 30
FY 2016 WAP AGREEMENT
ATTACHMENT A
SCOPE OF WORK
I. GENERAL POLICY
Subrecipient shall comply with the following requirements, and if applicable, ensure all contracts
require compliance with the following requirements. In carrying out this Agreement, Subrecipient
shall provide all necessary personnel,materials,services and facilities,except as otherwise provided
herein, to carry out the program. Subrecipient shall designate an individual, referred to by DEO as
the WAP Coordinator,who will be responsible for ensuring that the following activities are adhered
to:
A. Identify and solicit eligible low-income residents within Subrecipient's identified service area
who have the need and desire for energy conservation assistance. Subrecipient shall make the
services provided for under this Agreement available to all eligible clients in the counties it
serves,subject to the availability of funds.
B. Subrecipient shall provide weatherization services at an average expenditure limit of$7,105 per
unit for labor,weatherization materials and related matters. This per dwelling amount does not
include the Health and Safety average expenditure limit of$1,059 per dwelling that may also be
expended. For budget and production deliverables specifics, see Exhibit 3 to Attachment A,
Schedule of Deliverables,of this Agreement.
C. Subrecipient shall weatherize dwellings in such a manner that will provide continuous service
from the commencement date to the expiration date of the Agreement. All counties must be
served with the allocated dollar amounts listed in Exhibit 2 to Attachment A, Budget Summary
and County Allocation, of this Agreement. If funds are not being spent in proportion to the
progression of months,or the county allocations,funding will be subject to reallocation.
D. Subrecipient shall provide DEO with documentation and reports as required by this Agreement,
including, but not limited to budget balances, as well as any other information related to this
project, or as may otherwise be specified by DEO.
E. Subrecipient shall complete work on all dwellings in accordance with the Field Guides,the WAP
Procedures Manual, the WAP Priority List, any Supporting Weatherization Program Notices,
andany supplemental DEO and DOE guidelines, unless Subrecipient secures written permission
from DEO otherwise.
F. The health and safety of the clients, Subrecipient's staff, contractors and the integrity of the
building structure shall not be compromised by any work completed with weatherization funds.
G. Subrecipient shall ensure that all installed weatherization materials meet the materials
standards taken from Appendix A to 10 C.F.R. part 440, be of good quality, and be installed in a
safe,cost effective manner.
H. Work and materials not meeting quality expectations, as determined by DEO with reference to
10 C.F.R. part 440 and the WAP Procedures Manual, may subject Subrecipient to written
findings. Subrecipient may be required by DEO to perform re-inspections or"go-backs"on any
_. . _. Page 31 _.
work performed by Subrecipient or its contractors which does not meet quality expectations,in
DEO's sole discretion, and for which DEO has issued a finding,The costs incurred for any work
performed by Subrecipient or its contractors which does not meet quality expectations,in DEO's
sole discretion, and for which DEO has issued a finding maybe disallowed by DEO.
II. SUBRECIPIENT RESPONSIBILITIES
A. File Documentation Responsibilities
Each client file shall contain the following documentation.
• Client intake Form; • Building Work Report
• Client income documentation (for • Copy of bid package(s), invoices,
past welve months); receipts, payment vouchers
•
• Documentation of ownership or Pre 1978 dwellings — Certified
signed Landlord Agreement Form Renovator Documentation or
Clearance Testing
• Social Security Documentation (if
applicable) • Copies of any approved waivers
• Copy of client photo ID •
Copies of applicable Pre and Final
Permits
• Copy of client utility bill • Client File Checklist
• Client Selection (Priority) Criteria • RED Calculator printouts
Form
• Copy of Complaint Appeal
Procedures Form signed and • Refrigerator Metering record
dated by client
• Inspection/Audit Data and Results • QCI Inspector Sheet
• Pre-Work Order Agreement • Infra red pictures
B. Recordkeeping
In addition to any recordkeeping requirements set forth in the Agreement, including any
attachments or exhibits thereto and this Scope of Work.Subrecipient agrees to be bound by the
recordkeeping provisions at 10 C.F.R. part 440 and 42 U.S.C. part A, as applicable to
Subrecipient.Subrecipient shall keep such records as U.S. Department of Energy(DOE) requires,
including, but not limited to, records which fully disclose the amount and disposition of the
funds received by Subrecipient,the total cost of each weatherization project,the average costs
incurred in weatherization of individual dwelling units, the average size of the dwelling being
weatherized,the average income of households receiving assistance, and any other records as
deemed necessary by DOE, or by DEO in order to fulfill its recordkeeping requirements under
10 C.F.R. part 440. Subrecipient agrees to keep its records in accordance with the 2 C F.R. part
200,as adopted and supplemented by 2 C.F.R. part 910.
C. Determining Priority Service
Subrecipient shall give priority to identifying and providing weatherization assistance to elderly
persons, persons with disabilities,families with children under 12 years old; households with a
high energy burden and high residential energy users in their"priority of services"paint system.
Subrecipient will coordinate with its local Low Income Home Energy Assistance Program
(LIHEAP) provider to develop a referral process and targeted number of clients to serve. A
minimum of 10 percent of the clients receiving weatherization services through the WAP are to
Page 32 _... _. .
be LIHEAP referrals.
D. Monitoring Visits
The DEO staff and/or its representative shall conduct monitoring visits of Subrecipient at least
once a year, but as frequently as DEO may desire throughout the program year. These visits are
for the purposes of quality assurance inspections,administrative and fiscal monitoring,Training
and Technical Assistance (T&TA),and other meetings as the need arises.The monitoring report
shall include inspection and/or T&TA information.
4. The monitoring staff regularly inspects units completed by Subrecipient. All installed
materials shall be cost effective, safe, and of good quality and appearance. Discoveries of
violations of policies and procedures are called findings.
5. Work not meeting quality expectations may be subject to findings, required remedial work
and/or disallowed costs.
6. All contractor work shall pass an inspection by qualified Subrecipient staff or approved third-
party contractor inspector, prior to payment.
7. Contractor work not meeting quality expectations that requires correction shall be done
at the contractor's expense.
E. Findings
Any non-compliance with the WAP Priority List,the WAP Procedures Manual or any Field Guides
constitutes a finding,as that term is defined in the WAP Procedures Manual. Major findings are
those which are either severe in nature as determined by the monitoring inspector or repeated.
Minor findings are less severe or not repetitive in nature.
Major Findings: Examples of major findings include, but are not limited to,the following:
1. The health and safety of clients, Subrecipient staff or contractors, or the integrity of the
building structure is threatened by work completed with the weatherization funds.
2. A weatherization-related health or safety problem is created by, exacerbated by, or not
corrected by the delivery of weatherization services.
3. The omission, without appropriate authorization, of a required cost-effective measure, a
necessary repair, or a required health and safety repair.
4. Poor-quality work, materials, or equipment that results in significantly degraded
performance or appearance of measures or repairs.
5. Major expenditure of funds on measures that are not included on the National Energy Audit
Tool (NEAT), or are not required in the WAP Priority List, WAR Procedures Manual or the
Field Guides.
6. Costs incurred for materials that do not meet the standards for conformance listed in
Appendix A of 10 C.F.R. part 440.
7. Any action or lack of action that may result in a liability that threatens the Florida
_._.. .... Page33 _. _ _..... __..
Weatherization Grant funds.
8. Gross fiscal mismanagement, including any unallowable costs or any wrongful billing to the
grant.
Minor Findings: Examples of minor findings include, but are not limited to,the following:
1. A single occurrence of poor-quality of work, materials, or equipment that results in minor
degradation of performance or appearance of measures or repairs.
2. Work site clean-up that does not meet he satisfaction of the client or the State monitor.
3. Required energy conservation measures that are not installed, but would not contribute a
large energy savings.
4. Required health and safety measures that are not addressed, but are not threatening the
health or safety of the client.
F. Training&Technical Assistance Visits)T&TA)
T&TA visits conducted by DEO staff and its representatives are intended for training purposes.
Recommendations for Subrecipient actions may be issued by DEO based on circumstances
observed and guidance will be offered on the visit report provided to Subrecipient.
G. DEO Field Procedures Waivers
Subrecipient may request waivers which exempt Subrecipient from performing a required
measure,or which allow a restricted measure, if one or more of the following requirements are
met:
1. If it is technically not possible to install the measures.
2. If conditions exist, and cannot be overcome, that would make the installation of the
measure unsafe.
3. The installation of the measure would threaten the health or safety of either the client or
the worker.
State waivers shall be granted by DEO on a case-by-case basis in writing. Subrecipients who are
unable to provide services according to the WAP Priority List, the WAP Procedures Manual, or
the Field Guides because of local building codes shall supply written documentation to DEO staff
and request a State waiver.Work shall proceed only after approval of a waiver request in writing
by DEO staff.
The State waivers permit the following policy exceptions:
1. Fuel conversions.
2. Installation of doors and/or windows exceeding allowable amount,
3. Other work normally considered beyond the scope of weatherization.
Ill. PROJECT SELECTION,ENERGY AUDITS AND FINAL INSPECTIONS
A. Subrecipient shall use properly trained and qualified energy auditors and inspectors.
B. An Energy Audit is required on every building prior to performing any work other than
emergency response related work.Contractors shall strictly adhere to the work order developed
_.. Page 34 _. .. _...
by the auditor. No deviations from this work order shall be performed, unless authorized by the
energy auditor or weatherization coordinator.
C. Subrecipient's Quality Control Inspector shall ensure that all measures required by the WAP
Priority List,the Field Guides and the WAP Procedures Manual have been installed,and that the
work quality meets the standards required by the WAP Field Guides.
D. Each completed project shall be inspected and the inspection shall be documented in the client
file. No project shall be reported as completed until all weatherization materials have been
installed and Subrecipient has performed a final quality control inspection, including any
mechanical or subcontractor work performed.
E. All installed weatherization materials shall meet the materials standards as detailed in Appendix
A of 10 C.F.R. part 440, shall be of good quality, and shall be installed in a safe and effective
manner.
F. Project Selection
1. Projects should be prioritized in accordance with DOE Policy. Additionally, Subrecipient
should prioritize projects based on:
i. owner participation;
ii. potential energy savings based on utility bill analysis;
iii. assurance that benefits will be direct to unit occupants;and
iv. service to all areas of the service area.
2. Subrecipient shall receive a signed landlord-tenant agreement before work begins on any
individual dwelling unit. This document must be retained as part of the project file.
G. Energy Audit
Prior to performing an energy audit, Subrecipient's auditor shall conduct a walk-through of the
unit to confirm the potential for the installation of energy conservation measures,and to ensure
that there are no major barriers to working in the building.
The primary objectives of the energy audit is to survey the home for the potential to install
energy conservation measures, to analyze the Savings to Investment Ratio (SIR) of potential
measures,to check for safety hazards and building durability issues,to provide client education,
to document the audit, and to write a work order detailing work to be done and situations that
need to be addressed. Understanding energy use is a key to performing an exemplary audit.
The energy audit shall include the following information:
1. An assessment of health and safety hazards.
2. Documentation, including,but not limited to,the type of energy audit tool used,the results
of the audit analysis, and the DOE-promulgated priority list used to complete the energy
audit.
3. An assessment and record of the existing conditions of the building and its mechanical
systems.
4. An evaluation of the existing conditions for energy conservation opportunities and energy-
related health and safety problems.
5. A strategy for improved energy efficiency and for correcting energy-related health and
safety problems.
The energy audit shall also include evaluations of all of the following, per the WAP Procedures
Manual and the WAP Field Guides:
1. Combustion safety testing.
_... Page 35
2. Air leakage analysis.
3. Combustion efficiency determination.
4. Thermal performance analysis.
5. Electrical safety testing.
6. Electric base-load testing.
7. Indoor air quality and moisture inspection.
Subrecipient shall provide all clients with information regarding all of the following:
1. The weatherization process.
2. Reducing heating and cooling costs.
3. Water conservation and water heating.
4. Staying cool during hot weather.
S. Lead-based paint notification.
6. Mold and mildew notification.
7. Other energy-saving suggestions.
H. Final/Quality Control Inspection Responsibilities
Subrecipient shall be responsible for the following quality control inspection responsibilities:
1. Energy and Conservation Inspection
i. Review the original energy audit form.
ii. Ensure all required procedures were performed.
iii. Verify the accuracy of the audit, including measures that may have beer omitted.
iv. Inspect all work to ensure that standards of work quality and materials are met and
ensure that the job site is cleaned up.
v. Call for corrective actions where initial work does not meet standards.
2. Health and Safety Inspection
i. Verify that all work was completed to address related health and safety issues.
ii. Call for corrective actions where initial work does not meet standards.
3. File Review and Completion
i. Review all required forms for accuracy and completion.
ii. Document required go-backs or follow-up work.
Hi. Sign and date a quality control inspection form assuring that all requirements have
been verified.
iv. A job is complete only after all work installed by Subrecipient or its authorized
representative has been completed and has passed the quality control inspection.
IV. INSTALLATION OF MEASURES
Weatherization measures serve all of the four following purposes:
1. Conserve energy.
2. Reduce energy bills.
3. Protect residents from energy-related hazards.
4. Protect building from damage caused by fire or moisture.
Subrecipient shall be responsible for installing weatherization measures per the WAP Priority List,
WAP Procedures Manual,the Field Guides and applicable local,State, and Federal code.
V. HEALTH AND SAFETY
Weatherization services shall be provided in a manner that minimizes risks to workers, clients,and
clients' homes. Weatherization services shall not begin until health and safety problems are
removed. Subrecipient shall comply with and enforce the WAP Safety Plan.
_ .._ . _. Page36
VI. ACCEPTANCE CRITERIA
DEO shall evaluate this project through review of Subrecipient submitted reports. To receive a
reimbursement for a production period(a production period spans the first day of a month through
the last day of the month), Subrecipient shall submit an electronic copy of each Building Work
Report (BWR) Package along with the Financial Status Report (FSR) to DEO through the electronic
financial management system (eGrants) by the 21st day of the following month. In addition,
Subrecipient shall submit a signed copy of the FSR via facsimile or email to DEO by the same due
date (Reference Attachment C,Reports). The monthly FSR shall include on-schedule completion of
production goals. If work is behind schedule,Subrecipient shall immediately begin implementation
of a plan to bring work up to schedule.
VII. FINANCIAL CONSEQUENCES
A. If Subrecipient 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,Subrecipient
shall be assessed a financial consequence in the amount of one percent(1%)of the total amount
of weatherization services provided to the ineligible client's dwelling unit.
B. DEO shall not reimburse any expenditures associated with Deliverables not accepted by DEO as
successfully completed; however, this does not preclude Subrecipient from receiving payment
for such expenditures upon successful completion of the Deliverable.
C. If Subrecipient fails to be open,and available,for services according to its regular business hours
as identified in Attachment F, Warranties and Representations, outside weekends and State
holidays,Subrecipient shall pay to DEO financial consequences in the amount of$10.00 per day
that Subrecipient failed to operate according to its regular business hours,up to a maximum of
$100.00, for such failure, unless DEO in tis sole discretion waives such failure in writing based
upon its determination that the failure was due to factors beyond the control of Subrecipient.
D. Subrecipient's failure shall result in an assessment of a financial consequence in the amount of
$10.00 per day Subrecipient failed to operate according to its regular business hours, up to a
maximum of$100.00.
E. Any amounts due under this Financial Consequence section shall be paid by Subrecipient out of
non-Federal funds.
VIII. EQUIPMENT INVENTORY
Subrecipient shall submit a written inventory of all equipment acquired in whole or in part with
weatherization funds to DEO's Grant Manager for this Agreement quarterly. Subrecipient shall
maintain an equipment inventory in a manner that will provide an audit trail, traceable from
purchase to present usage. "Equipment" means tangible personal property (including information
technology systems)having a useful life of more than one year and a per-unit acquisition cost which
equals or exceeds$500.
IX. REFERRALS
Subrecipient shall partner with non-profit organizations or municipalities that provide
rehabilitation, emergency home repair, administer a Neighborhood Stabilization Program, or are
participating in a Green and Healthy Home Initiative, to facilitate the receipt of active referrals of
qualified units in order to achieve goals of serving the low income population.
_.. Page 37
FY 2016 WAP AGREEMENT
EXHIBIT 1 TO ATTACHMENT A
Budget Directions
The following generally outlines budget categories and offers guidance for preparing the Budget Summary
and County Allocation, Exhibit 2 to Attachment A,the Schedule of Deliverables, Exhibit 3 to Attachment A,
of this Agreement,and Subrecipient's detailed line-item budget. In the event of any conflict between any
portion of this Exhibit 1 to Attachment A,Budget Directions,and any other part of this Agreement or
Federal or State regulations or guidance,the terms of any other part of this Agreement or Federal or State
regulations or guidance shall prevail.
I. Project Budget:
Subrecipient shall perform the Weatherization Services in accordance with this Agreement and the
project budget, Budget Summary and County Allocation, attached hereto as Exhibit 2 to Attachment A.
Weatherization budget categories are defined as follows:
A. Administrative Cost: Administrative costs include, but are not limited to, all indirect costs,
telephone costs, a portion of professional staff salaries (to cover staff time when not carrying out
the functions allowable under program costs), salaries and fringe benefits of clerical staff, travel
related to administrative functions, and miscellaneous costs such as copying, office space,
equipment and supplies. Total administrative budget must not exceed 5% of the overall grant
budget. Pursuant to DOE program guidance,administrative costs over the allocated maximum may
be included as program support.
B. Liability Insurance: All allowable costs incurred by Subrecipient for Liability, Pollution Occurrence,
and Workers Compensation insurance for weatherization projects for personal injury and for
property damage.
C. Financial Audit: Unless financial audit costs are included in the indirect cost pool of a negotiated
and approved, indirect Federal cost rate. Subrecipients shall budget this expense in the "Financial
Audit" budget category.
D. Training and Technical Assistance: All allowable costs associated with approved inter- and intra-
state travel for training and technical assistance.
E. Materials: All allowable costs incurred by Subrecipient and Subrecipient's contractors for materials
installed in completed dwelling units, including materials for Heating and Ventilation Air
Conditioning Systems (HVAC).
F. Labor: All allowable crew and contractor labor, to include benefits, for the purpose of auditing,
inspecting, transporting or installing weatherization materials, making eligible repairs on
weatherization units and replacing heating systems;cost incurred by contractors to install materials,
repair or replace HVAC systems, or for contract labor to provide electrical or plumbing services.
G. Program Support (PS): All allowable costs incurred for Program Operations that are generally
defined as the direct costs necessary to effect the weatherization of an eligible dwelling unit (cost
of doing business), but not included in the material or labor costs.All program support charges are
factored as a part of the average cost per unit. For purposes of this Agreement, Program Support
includes"related matters,"as that term is used in 10 C.F.R. part 440.
_... -_. _. .. _._ Page38
H. Health and Safety: Health and Safety is for materials and labor costs,and will not be calculated into
the per unit average, like regular materials and labor. Costs incurred for materials and labor for
Health and Safety purposes must be reported under the Health and Safety budget line item.
The Health and Safety average per unit expenditure limit is set at 14.9% of the per unit average.
Subrecipient may exceed the 14.9%expenditure limit up to$3,000 per unit,only with prior,written
approval by DEO.
DEO will circulate a Health and Safety survey to Subrecipient on an annual basis to establish the
costs and frequency of measures installed. Upon circulation of the survey,Subrecipient may request
reallocation of excess Health and Safety funds to Materials,Labor or Program Support,
II. Cost Limits:
The DOE established, national average expenditure limit per dwelling unit is $7,105. This adjusted
average includes materials, labor, and program support costs amortized over completed production
units. The Average Cost Per Unit (ACPU)will be calculated and tracked during the FSR review process,
based on the following formula:
(Material Cost+Labor Cost+ Program Support Cost) - Total Monthly ACPU
#of Units weatherized
Note: The average cost per unit of$7,105 cannot be exceeded at the closeout of the Agreement.
Ill. In submitting the monthly Financial Status Reports (FSR),Subrecipient may exceed the prescribed
ACPU or Admin percentage. However:
A. DEO will perform monthly desk audits and a mid-agreement period review of Subrecipient's
adjusted average cost per unit to-date and the admin percentage to date.
B. If Subrecipient 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 subsequent FSRs to
ensure compliance to adjusted averages and percentage limits at the end of the Agreement
period.
C. Subrecipient is required to track all expenditures to ensure that only actual costs for allowable
expenditures are reported on the monthly FSR.
D. Subrecipients receiving an advance must make up the expenditure deficit in the following FSR.
IV. Subrecipient must complete a Monthly Expenditure Tracking Sheet(METS)every month of this
Agreement. Subrecipients must submit a METS covering the first six months expenditures by the 21"
day of the 7th month of this Agreement. METS reporting requirements and corrective actions are
outlined in the Attachment C, Reports,of this Agreement.
V. To determine the allowable activities that may be charged to the PS and Admin category, refer to the
applicable(Non-Profit or Local Government)Guidance for Documentation and Support of Program
Support and Administrative Expenditures publication.
VI. If additional funding is provided to Subrecipient during this Agreement period, submission to DEO of a
revised Exhibit 2 to Attachment A,Budget Summary and County Allocation, and Exhibit 3 to
Attachment A,Schedule of Deliverables, is required.
_. . Page 39
FY 2016 WAP AGREEMENT
EXHIBIT 2 TO ATTACHMENT A
BUDGET SUMMARY AND COUNTY ALLOCATIONS
SU: c ECIPIENT: _COUNTY OF MONROE
AGRE• ENT N: 16WX-0G-11-54-01-039
1. ADMINIST 'TION $ 3,510.00
2. HEALTH&S. ETY $ 9,464.00
3. TRAINING&T •HNICAL ASSISTANCE $ 4,000.00
4. FINANCIAL AUDI $ 0.00
5. LIABILITY INSURAN $ 3,500.00
6. MATERIALS/LABOR/P''GRAM SUPPORT $ 49,733.00
7. TOTAL $ 70,207.00
WEATH•'IZATION SERVICE AREA
CO TY ALLOCATION
The financial allocation specified for each count •y program is designated to he spent in that county. For
Subrecipients of funds designated for more than o - county, in the event that circumstances will not allow
the full expenditure of any program funds allocated , a particular county, a request to expend any part of
those funds in another county must be submitted in w ' ing to DEO and approved, prior to expenditure, in
writing by DEO.This request must specifically justify the I. k of need of program services in that county.
County Allocation Amount N Of Units
MONROE $ 53,243.00 7
$ 0.00
$ 0.00
Page 40
FY 2016 WAP AGREEMENT
EXHIBIT 2 TO ATTACHMENT A
BUDGET SUMMARY AND COUNTY ALLOCATIONS
SUBRECIPIENT: COUNTY OF MONROE / MONROE,COUNTY OF
AGREEMENT It: 16WX-OG-11-54-01-039 �(A�A./�
1. ADMINISTRATION $ 3,510.00
2. HEALTH&SAFETY $ 9,464.00
3. TRAINING&TECHNICAL ASSISTANCE $ 4,000.00
4. FINANCIAL AUDIT $ 0.00
S. LIABILITY INSURANCE $ 3,500.00
6. MATERIALS/LABOR/PROGRAM SUPPORT $ 49,733.00
7. TOTAL $ 70,207.00
WEATHERIZATION SERVICE AREA
COUNTY ALLOCATION
The financial allocation specified for each county by program is designated to be spent in that county. For
Subrecipients of funds designated for more than one county,in the event that circumstances will not allow
the full expenditure of any program funds allocated to a particular county,a request to expend any part of
those funds in another county must be submitted in writing to DEO and approved, prior to expenditure, in
writing by DEO.This request must specifically justify the lack of need of program services in that county.
County Allocation Amount p Of Units
MONROE $ 53,243.00 7
$ 0.00
$ 0.00
- __-- Page 40
2016 WAP AGREEMENT
EXHIBIT 3 TO ATTACHMENT A
SCHEDULE OF DELIVERABLES
Agreement Number: 16WX-OG-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 per month
estimated production goals below. If Subrecipient 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 following months to meet the advance expenditure requirement throughout the Agreement period as
outlined in Attachment D,Justification of Advance Payment,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: $ 70.207.00
Add:
Direct Charges(Audit,T&TA, Insurance from Budget): $_7,500.00_
Health&Safety Budget $_9,464.00_
Administration (Admin)from Budget: +$ 3,510.00
Total $_20,474.00_
Subtract:
Total from the Agreement Amount Total
($_49,733.00
Weatherization Amount: $_49,733.00
To determine Estimated Production:
a) Divide the Weatherization Amount by the allowable per dwelling expenditure amount of$7,105.
Weatherization Amount$ 49,733.00 divided by$7,105=_7_Estimated Production
To determine Estimated Health and Safety Amount for the Estimated Production (use Subrecipient prior
year's per unit overage H&S to project the total H&5 cost): $1352.00 estimated H&S cost per dwelling
a) Multiply the Estimated Production times the projected H&S expenditures:
7 dwellings X$1352=$9464.00(Total H&S)
Complete the below estimated monthly production.
April_0_May_0_June 0_July_0_August_0_September_1 October_1_
November_1_December_1_January_1_February 1_March_1_
Total 7
Page 41
FY 2016 WAP AGREEMENT
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
Subrecipient shall be governed by applicable laws and rules,including but not limited to:
A. Pub. L. 94-385, Part A, Title IV ("Energy Conservation and Production Act of 1976"); the Omnibus
Budget Reconciliation Act of 1981,Title XXVI of Pub. L. 97-35(Low-Income Home Energy Assistance
Art of 1981);Title II, Part 2,of the National Energy Conservation Policy Act of 1978(Pub. L. 96-619);
Title V,Subtitle E,of the Energy Security Act of 1981(Pub. L.96-294);and chapter 409, F.S.; Florida
Chief Financial Officer Memorandum No. 04-05' Federal Central Contractor Registration
(http://www.ccr.gov/); Schedule of Expenditures of Federal Awards
(http://www.myfioridaacfo.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 U.S.C. 1681-1683, and 1685-
1686),which prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits
discrimination on the basis of handicaps;
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits
discrimination on the basis of age;
5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92- 255), as amended, relating to
nondiscrimination on the basis of drug abuse;
6. The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act
of 1970(Pub. L.91-616),as amended,relating to nondiscrimination on the basis of alcohol abuse
or alcoholism;
7. Subsections 523 and 527 of the Public Health Service Act of 1913 (42 U.S.C. 290 dd-3 and 290
ee-3),as amended, relating to confidentiality of a'cohol and drug abuse patient records;
8. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing of housing;and
9. The requirements of any other nondiscrimination statute(s) which may apply to the
Weatherization Assistance Program.
10. The Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. Sections 13101
through 13213).
C. Executive Order 11346, entitled "Equal Employment Opportunity",as amended by Executive Order
11375,and as supplemented in Department of Labor Regulations (41 G.F.R. part 60).
D. All applicable standards,orders,or regulations issued pursuant to the Clean Air Act as amended (42
U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1351 et
seq.).
E. Subrecipient will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4081 et seq.)
which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
F. Su brecipient will assist in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 4701, EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.)
G. Subrecipient shall screen applicants for program eligibility under 1986 Immigration and Nationality
Act,as currently amended.
H. Subrecipients which procure$10,000 or more of insulation products annually are required to put
into effect an affirmative procurement program to insure the purchase of insulation products
__ _ . Page 42 _..
composed of the highest percentage of recoverable materials practicable,taking into consideration
competition, availability, technical performance and cost in accordance with Section 6002 of the
Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act of 1976,and
guidelines promulgated by the Environmental Protection Agency.
I. All applicable Federal rules, regulations and guidelines as they relate to the application,acceptance,
and use of Federal funds under this Agreement.
J. Other applicable Federal and State laws, rules, regulations and guidelines.
K. Subrecipient 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." Subrecipient may not make any
contract to a debarred or suspended party. A current listing of such parties is maintained by DEO
for review.
L. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY:
As required by Section 508 of Public Law 103-333, when issuing statements, press releases,
requests for proposals, bid solicitations and other documents describing projects or programs
funded in whole or in part with Federal money, all grantees receiving Federal funds, including
but not limited to State and local governments and Subrecipients of Federal research grants,
shall clearly state:
1. the percentage of the total costs of the program or project which will be financed with Federal
money,
2. the dollar amount of Federal funds for the project or program,and
3. percentage and dollar amount of the total costs of the project or program that will be
financed by nongovernmental sources.
M. INTEREST FROM CASH ADVANCES: Subrecipients shall invest cash advances in compliance 2 C.F.R.
§200.305(b)(8).Subrecipients shall maintain advances of Federal funds in interest-bearing accounts
unless one of the following conditions applies:
NON-PROFITS ONLY:
1. Subrecipient or contractor receives less than $120,000 in total Federal awards per year.
2. The best reasonably available interest bearing account would not be expected to earn interest
in excess of$500 per year on all Federal cash balances.
3. The depository would require an average or minimum balance so high that it would not be
feasible within the expected Federal and non-Federal cash resource. Interest earned off cash
advances shall be reflected on the monthly financial status report and the close-out report.
LOCAL GOVERNMENTS ONLY:
Except for interest earned on advance of funds exempt under the inter-governmental Cooperation
Action (31 U.S.0 6501 et.seq.)and the Indian Self-Determination Act(23 U.S.C.450),Subrecipients
shall promptly, but at least quarterly,remit interest earned on advances to DEO.Subrecipient may
keep interest amounts up to$500 per year for administrative expenses.
Except as provided for advance payments,Subrecipient 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. Any 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.
N. PROGRAM INCOME: Pursuant to 2 C.F.R. § 200.307, Subrecipient 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 DEO at the time of submission
of the final close-out report. Expenditure of program income balances at Agreement end must be
approved by DEO.
Page43
O. APPEALS SYSTEM: All complaints received by DEO will be referred to Subrecipient. Subrecipient
must have a written appeals system that is:
1. adopted by the Board of Directors;
2. formatted as a Subrecipient handout;
3. posted in the client intake area of Subrecipient's agency;and
4. provided to those applying for weatherization services.
Sample format: Subrecipient Appeals System
In the event of a complaint/appeal,the complaint/appeal shall first be heard by the:
�R QdmI nts+i" Ot f13) 7PNiCeS (Title of Position)
Should the first designated party be unable to resolve the difficulty, the second complaint/appeal will be
heard by: -ram
Sr. D zr eft)r7 Fpnti P1 SexvtC'e`j (Title of Position).
Should the second level complaint/appeal be unable to resolve the difficulty,the final hearing will be held
by:
Mnnrne, Cni A1l+l ���C _ (Committee or Full Board),
P. LIABILITY INSURANCE: Pursuant to 2 C.F.R. 4 440.18, Subrecipient and Subrecipient's contractors are
required to have sufficient liability insurance coverage for performing weatherization-funded activities.
In addition,Subrecipients 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.
Subrecipients must ensure that each contractor is adequately or covered by Subrecipient'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 Weatherization
techniques and have POI (or are under Subrecipient's policy) may work on pre-1978 dwellings that
Subrecipient has confirmed have lead paint that will be disturbed through weatherization activities.
PROGRAMMATIC CHANGES: Subrecipient will follow the procedures and guidelines provided in the
latest version of the WAP Procedures Manual. Programmatic and guideline changes during an
agreement period may be provided to Subrecipient through a State Weatherization Program Notice and
are to be considered as updates and become effective upon the date indicated on the Program Notice.
The State Program Notice will be sent to Subrecipients Agreement Manager to the email address stated
in Attachment 1, Subrecipient Information, of this Agreement. Subrecipient agrees to be bound by all
currently effective State Weatherization Program Notices previously issued by DEO.
R. INFORMAL MODIFICATIONS:Any changes to this Agreement must be in writing and signed by both parties
as required in Paragraph(84 and noticed as provided in Paragraph (16)of the Agreement.
Page 44 __. .
S. MONITORING:
1. DEO shall conduct a full onsite review of Subrecipient at least once during the Agreement period.
Subrecipient shall allow DEO to carry out monitoring,evaluation and technical assistance,and shall
ensure the cooperation of its employees, and of any contractors with whom Subrecipient contracts
to carry out program activities.
2. DEO shall provide training and technical assistance, within the limits of staff time and budget
availability,upon request by Subrecipient or determination by DEO of Subrecipient need.
3. DEO shall conduct follow-up reviews including prompt return visits to Subrecipients that fail to meet
the goals,standards,and requirements established by the State and Federal funding agency.
T. OTHER PROVISIONS:
1. In addition to all other record keeping, public records, and audit requirements set forth in this
Agreement, Subrecipient shall make available all books, records, and documents required to be
maintained under this Agreement available for copying and mechanical reproduction on or off the
premises of Subrecipient.
2. If the U.S. Department of Health and Human Services or the U.S. Department of Energy initiates a
hearing regarding the expenditure of funds provided under this Agreement, Subrecipient shall
cooperate with,and upon DEO's written request,participate with DEO in the hearing.
Page 45 _. _..
FY 2016 WAP AGREEMENT
ATTACHMENT C
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 day falls on a weekend day or
holiday,the Close-Out Report shall be due on the next business day.Subrecipient shall submit
original signed documents to DEO 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:Subrecipient verifies that if Subrecipient is below the$750,000 threshold for all
Federal awards in its fiscal year, is a non-profit entity, and is exempt from the Federal single
audit act requirements, then Subrecipient has submitted a copy of its most recent IRS form
990 with its Agreement proposal.
B Monthly reports:The WAP monthly FSR must be provided to DEO no later than the twenty-first day
of each month following the end of the reporting month in which funds were expended. Subrecipient
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. Subrecipient must submit the FSR in DEO's current eGrants, as
well as a signed copy submitted via facsimile or electronic mail by the due date. In the event the
twenty-first day of the month falls on a weekend day or holiday, the ESP shall be due on the next
business day. The FSR 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 Subrecipient 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(BWR);
b. Client Intake Form;and,
c. Quality Control Inspection (OCI) Report.
(3) DEO shall review each FSR for compliance with the requirements as stated in Attachment
A,Scope of Work, of this Agreement.
C. Monthly Expenditure Tracking System (METS)Reports:
Mid Agreement METS is due to DEO by the 21"day of the 7th month of this Agreement. If 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. Subrecipient will submit:
Page46 _..
(1) A completed METS to include all Program Support and Admin line item actual costs incurred by
Subrecipient through the Gh month of this Agreement.
(2) A Revenue and Expenditure spreadsheet (or applicable fiscal supporting document) that will
provide the actual expenditure amounts per month to date that support the METS totals.
Upon DEO receipt of these documents, DEO staff will compare the FSR PS and Admin amounts
with the METS PS and Admin amounts and supporting spreadsheets.Subrecipient will be notified
if any other supporting documentation is needed based upon the results of this review.DEO may,
in its sole discretion, schedule an on-site monitoring review if DEO based on the information
contained in the reports.
D. Cost Limits for Materials/Labor/Program Support,and Admin:
(1) If Subrecipient is exceeding the average cost per unit threshold or the Admin 5% threshold, it
will then be required to submit a 9th month METS along with a Revenue and Expenditure Report
to date in the 10th month.
(2) During the program year, if DEO determines that the average cost per unit will exceed the
maximum allowable annual average cost per unit, additional cost restrictions may be imposed.
Implementation of these limits will be based on data gathered by the State regarding actual cost
averages and may be imposed on one or all subrecipients,as needed. The DEO Grant Manager
will notify Subrecipient of the cost restrictions to be implemented and procedures for
implementing the restrictions. Upon receipt of such notification, Subrecipient will be required
to implement this procedure for all dwelling units for which materials have not been ordered or
for which a job order has not been issued to a contractor.
(3) Failure by Subrecipient to expend all program funding by the end of the Agreement period may
result in it being placed in a probationary status for future WAP agreements.
E. Close-out METS:
A Close-out METS with the last FSR expending the remaining balance of funding in the Agreement
is submitted to DEO. Subrecipient will provide a METS that includes the costs charged in all budget
cost categories along with the supporting spreadsheet. Subrecipient cannot exceed the percentage
cap for Admin or the threshold Average Cost Per Unit,at the end of the Agreement period.
During the Agreement period, DEO staff will conduct an on-site monitoring visit to Subrecipient.
This visit will include a review of the documentation that supports the Program Support and
Administrative charges reported for a minimum of three FSRs.
F. Semi Annual Success and Leverage Reports
Semi Annual Success and Leverage Reports are due to DEO on or before October 21,2016,and April
21, 2017. 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 Subrecipient shall provide: a) copies of thank-you correspondences
from clients who received weatherization services; b) information on any events Subrecipient
participated in that promoted the WAP locally; c) any milestone reached by Subrecipient that
relates to the WAP.
2) On the Leverage Reports Subrecipient 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.
Page47
G. Monitoring:
At a minimum, DEO will conduct one (1) on-site monitoring visit to Subrecipient during the
Agreement period. This monitoring will address Subrecipient's fiscal and programmatic
administration of the WAR In addition,a minimum of five percent(5%) of dwellings projected to be
weatherized (reference Exhibit 3 to Attachment A,Schedule of Deliverables) during the Agreement
period will be inspected. An additional 5% of dwellings will be inspected if Subrecipient has
implemented the Level 42, Independent Auditor/Quality Control Inspection process.
H. Monitoring Report:
Within 35 days after the completion of the monitoring visit, DEO will issue a monitoring report
outlining the results and any corrective actions required to be implemented by Subrecipient for any
non-compliance issues discovered during this visit. Issues may be classified as a major or minor
finding or an observation. A major finding is a noncompliance issue that is of significant concern.A
minor finding is a noncompliance issue that is of secondary concern, such as a small file omission.
Observations are to assist with compliance of program requirements;to enhance or improve service;
or,to share best practices.
Monitoring Report Responses:
Subrecipient shall provide a written response to DEO for all monitoring report findings or
observations no later than 30 calendar days from the date of the original monitoring report. DEO
shall notify Subrecipient of the due date for any subsequent monitoring report responses as may be
required. If the thirtieth day falls on a weekend day or holiday, the response to the original report
shall be due on the next business day. Subrecipient may request an extension in writing for DEC's
review and approval.
J. Subrecipient is 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. Subrecipient may utilize one of the following
options:
(1) Cost Allocation Plan: Per 2 C.F.R. 200.405,to document this, Subrecipient must submit copies
of its written Cost Allocation Plan to DEO with this Agreement.
(2) Indirect Cost Rate Proposal: Per 2 C.F.R. 200.414, this is the amount charged through indirect
cost allocation plans approved by Subrecipient's cognizant Federal agency,the rate negotiated
between DEO and Subrecipient(in compliance with 2 C.F R. part 200), or the 10%de minimis
rate as applied to Modified Total Direct Cost as allowed by the Uniform Guidance. If
Subrecipient chooses to use the de minimis rate, Subrecipient shall make sure It is entitled to
use that rate and include a statement to that effect.
K. Other reports: Upon reasonable notice,Subrecipient shall provide such additional program updates,
reports, and information as may be required by DEO, including supporting or source documentation
for any reports identified above in this Attachment.
L. Report Submission:
Unless otherwise noted, reports shall be submitted to DEO'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 98 _.
FY 2016 WAP AGREEMENT
ATTACHMENT D
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 sup
Iles and equipment. Subrecipient would not be able to operate the program without this advance.
ADVANCE CALCULATION
A. Number of Units expected to be completed in 60 days:
B. Line A times the maximum of $7,105 $
C. Direct Charge Line Items for first 60 days: $
D. Subtotal of Lines B&C: $
Administrative expenses for first 60 days:
E (Cannot exceed 5%of Line D)
F. Advance Requested (Total Lines D& E): $
ADVANCE REQUEST FOR MORE THAN 60 DAYS
If Subrecipient 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 expenditures for
consideration.
TRACKING OF ADVANCE EXPENDITURES
Subrecipient 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 Subrecipient with the total to date expended
amount on Subrecipient's second FSR to determine if an amount equal to the advance amount
received has been expended.
_- - Page 49
b) If Subrecipient has not expended an amount equal to the initial advance, DEO staff will contact
Subrecipient 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 DEO for
review.
c) If the justification is not approved, an adjustment may be made to Subrecipient's reimbursement
request amount on Subrecipient's second FSR. The requested reimbursement amount may be
reduced by the unexpended balance remaining on the advance. This reduction will reduce the
cash advance amount Subrecipient will have on hand to meet expenditures.
d) DEO will track the monthly expenditure amount of Subrecipient through the remainder of the
Agreement period. If Subrecipient fails to demonstrate the need for the advance amount
provided over the course of two consecutive FSRs, an adjustment to the latest FSR reimbursement
request may be made.
e) Subrecipient's performance and compliance to the advance expenditure requirement during this
Agreement will be taken into consideration for any advances requested in future agreements.
JUSTIFICATION STATEMENT
[Please insert or attach a justification statement as required by subparagraph (4)(b)of this Agreement if an
advance payment is requested.]
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FY 2016 WAP AGREEMENT
ATTACHMENT E
PROPERTY MANAGEMENT AND PROCUREMENT
Subrecipient shall comply, at a minimum,with the property management and procurement standards for
property(as defined in 2 C.F.R. 200.81) in 2 C.F.R. part 200, and 10 C.F.R. part 600, as applicable.
A. All property purchased, in whole or in part, with funds from this Agreement must be listed on the
property records of Subrecipient. Said listing must include a description of the property, a serial
number or other identification number, the funding source of the property, who holds title, the
acquisition date, and cost of the property, percentage of Federal participation in the cost of the
property,the location, use,and condition of the property, and any transfer, replacement or ultimate
disposition data including the date of disposal and sale price of the property,if applicable.
B. Subrecipient must take a physical inventory of the property acquired, in whole or in part, with funds
from this Agreement, reconcile the results of the inventory with the property records, and submit to
DEO, a written property inventory fist and reconciliation report, at least once a program year.
Additionally, such a list and report must be submitted to DEO upon DEO's request. This annual
comprehensive property inventory list and reconciliation report is separate and apart from, and in
addition to, the written, quarterly equipment inventory described in Attachment A, Scope of Work,
VIII, Equipment Inventory,of this Agreement.
C. Ownership of all property acquired, in whole or in part, with funds from this Agreement is vested in
DEO upon completion,including termination,of the Agreement,and as such, any title to such property
must be vested in DEO by Subrecipient upon completion, including termination,of the Agreement. If
Subrecipient comingles funds from this Agreement, all property purchased, in whole or in part, using
funds from the account(s) in which any funds from this Agreement are placed, is considered "property
acquired, in whole or in part,with funds from this Agreement'as described herein.
D. Real property,equipment,and intangible property that are acquired or improved, in whole or in part,
with funds from this Agreement must be held in trust with the State of Florida as the trustee for the
beneficiaries of the WAP. The State of Florida is entitled to record liens or other appropriate notices
of record to indicate that person or real property have been acquired or improved with Federal funds
and that use and disposition conditions apply to the property,
E. Subrecipient shall 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 51
FY 2016 WAP AGREEMENT
ATTACHMENT F
STATEMENT OF ASSURANCES
A. Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States,and no Resident Commissioner,shall
be admitted to any share of part of this Agreement or to any benefit to arise from the same.
B. Interest of Members, Officers, or Employees of Subrecipient, Members of Local Governing Body, or
Other Public Officials.
No member, officer, or employee of Subrecipient, or its delegates or agents, no 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, may 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.Subrecipient 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 any
amount.Board members may receive travel expenses in accordance with section 112.061,F. S.
C. Nepotism
Subrecipient agrees to be bound by the provisions of section 112.3135,F.S., pertaining to nepotism in
its performance under this Agreement
D. Assurances
Subrecipient hereby assures and certifies as a condition of receipt of Agreement funding,that it,
and its contractors,will comply with the applicable requirements of Federal and State laws,rules,
regulations,and guidelines.As part of its acceptance and use of Agreement funding,Subrecipient
assures and certifies that:
(1) Subrecipient possesses the legal authority to administer the program as approved by
Subrecipient's governing body,including all assurances contained herein.
(2) Subrecipient possesses the sound controls and fund accounting procedures necessary 10
adequately safeguard its assets,check the accuracy and reliability of accounting data,promote
operating efficiency and maintain compliance with DEO's prescribed management policies.
(3) Subrecipient will permit and cooperate with Federal and State investigations designed to
evaluate compliance with the law.
_ __ Page 52
(4) Subrecipient will give DEO,the Auditor General,or any authorized representatives, complete
access to examine all records, books, papers or documents related to all program operations
of the Agreement,including those of any contractors.
(5) Subrecipient will comply with all of the provisions and practices outlined in DEO's most
current monitoring manual.
(6) Subrecipient verifies that its application and all its attachments, including budget data, are
true and correct.
(7) Subrecipient agrees to comply with Public Law 103-227, Part C, Environmental Tobacco
Smoke, also known as the Pro-Children Act of 1994 (Act). This Act requires that smoking
not be 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. Subrecipient
further agrees that the above language will be included in any subawards which contain
provisions for children's services and that Subrecipient 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$1,000 per day.
(8) Subrecipient certifies that it will or will continue to provide a drug-free workplace as set
forth by the regulations implementing the Drug-Free Workplace Act of 1988:and 2 C.F.R.
part 902.
E. Subrecipient's contractors must maintain valid licenses that comply with all State and local laws,
ordinances, and regulations. Each contractor shall be appropriately licensed to cover each
activity it is performing pursuant to this Agreement. Subrecipient shall maintain copies of all
contractor licenses(current for the program year when the work is performed),as well as a copy
of each contractor's liability insurance policy.
F. To the maximum extent practicable,the use of services provided under this Agreement shall be
coordinated with other Federal, State, local, or privately funded programs in order to improve
energy efficiency and to conserve energy.
G. Subrecipient will permit attendance by DEO's representatives at any meetings of Subrecipient's
Board of Directors,executive committee,or legislative body.
Page 53
FY 2016 WAP AGREEMENT
ATTACHMENT G
WARRANTIES AND REPRESENTATIONS
A. financial Management
Subrecipient 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.
Subrecipient shall safeguard all assets and ensure 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 2 C.F.R. part 200,as adopted and amended by DOE at 2 C.F.R. part 910.
(6) Cost accounting records that are supported by backup documentation.
B. Competition
Subrecipient warrants the following:
(1) All procurement transactions shall be done in a manner to provide open and free
competition.
(2) Subrecipient 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.
(31 Awards shall be made to the bidder, or offeror, whose bid, or offer, is responsive to the
solicitation and is most advantageous to Subrecipient, considering the price, quality, and
other factors.
_... _. . Page 54 _. _
(4) Solicitations shall clearly set forth all requirements that the bidder, or offeror, must fulfill
in order for the bid,or offer,to be evaluated by Subrecipient Any and all bids or offers may
be rejected when it is in Subrecipient's interest to do so.
C. Codes of Conduct
Subrecipient warrants the following:
(1) Subrecipient 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,
(3) The officers,employees,and agents of Subrecipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors,or parties to contracts.
(4) The standards of conduct shall provide for disciplinary actions to be applied for violations of
the standards by officers, employees, or agents of Subrecipient.
D. Business Hours
Subrecipient 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) (14(4.di 1 through
Fr idav ) and from (times)f 8'.co aim).to f 5:Co pin 1.
E. Licensing and Permitting
Subrecipient warrants that all contractors or employees hired by Subrecipient shall have all current
licenses and permits required for all of the particular work for which they are hired by Subrecipient.
_. _. _.. Page 55
FY 2016 WAP AGREEMENT
ATTACHMENT H
CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY
AND VOLUNTARY EXCLUSION
NOTE:Prior to issuing subawards and contracts under this Agreement,Subrecipient shall 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://wwwsam.gov.
A. If Subrecipient will not issue any subawards or contracts under this Agreement, Subrecipient shall
mark here that this Attachment H is Not Applicable: hi/R
B. If Subrecipient will issue subawards or contracts under this Agreement,Subrecipient shall
complete the following information for each contractor:
1. The prospective contractor of Subrecipient, 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. If Subrecipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
(Type Name) Subrecipient's Name
By
Signature
Name&Title DEO Agreement Number
Street Address
City,State,Zip
Date
_... _ _. Page56
FY 2016 WAP AGREEMENT
ATTACHMENT I
Trafficking Victims Protection Act of 2000,as amended(22 U.S.C. 7104(g)i
(taken from 2 C.F.R. § 175.15)
I.Trafficking in persons.
a.The following provisions are applicable to a subrecipient that is a private entity:
1. You as Subrecipient, your employees, contractors under this subaward, and contractors'
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
iii. Use forced labor in the performance of the subaward.
2. We as the Federal pass-through entity may unilaterally terminate this subaward, without
penalty, if you or a contractor that is a private entity--
Is determined to have violated a prohibition in paragraph a.1 of this award term;or
ii. Has an employee who is determined by the DEO 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 you or the contractor using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 C.F.R.part 180,"OMB
Guidelines to Agencies on Government-wide Debarment and Suspension
(Nonprocurement);'as implemented by our agency at 2 C.F.R. part 901.
b.The following provisions are applicable to a subrecipient that is not a private entity:
We,as the Federal pass-through entity,may unilaterally terminate this subaward,without penalty,if
a contractor that is a private entity--
1. Is determined to have violated an applicable prohibition in paragraph a.l. of this subaward
term;or
2. Has an employee who is determined by DEO official authorized to terminate the subaward to
have violated an applicable prohibition in paragraph al. of this award term through conduct
that is either:
i. Associated with performance under this subaward;or
ii. Imputed to the contractor using the standards and due process for imputing the conduct
of an individual to an organization that are provided in 2 C.F.R_ part 180, "OMB Guidelines
to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by our agency at 2 C.F.R. part 901.
c.The following provisions are applicable to all subrecipients:
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 orb of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C.7104(g)), and
_.... Page57 _. _..
ii. Is in addition to all other remedies for noncompliance that are available to us under this
subawa rd.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you
make to,or any contract with a private entity.
d. Definitions. For purposes of this subaward term:
1. "Employee" means either:
i. An individual employed by you or a contractor who is engaged in the performance of the
projector program under this subaward;or
ii. Another person engaged in the performance of the project or program under this subaward
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':
L. 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:
A. A 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. §175.25(b).
B. 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 TVPA,as amended (22 U.S.C. 7102).
_. _. Page58 - _..
FY 2016 WAP AGREEMENT
ATTACHMENT.1
SUBRECIPIENT INFORMATION
Please complete all Information applicable to your organization.
1. Subreciplent's full legal name:
COUNTY OF MONROE/MONROE,0OUNTY OF
2. Subreclplent's mailing address(warrant will be mailed to this address):
500 WHITEHEAD STREET
City KEY WEST Zip Code: 33040
Telephone: 305-292-3560 FAX Number:
3. Street Address(if different from above):
4. Chief Elected Official:
HEATHER CARRUTHERS MAYOR
(Name) (Tale)
E-mail address: boccdis3@monroecounty-fl gov FAX Number:
5. Executive Director:
SHERYL GRAHAM SR.SOCIAL SERVICES DIRECTOR
(Name) (Title)
E-mail address: graham-shervl@monroecounty-fl.gov FAX Number:305-295-4359
6. WAP Project Coordinator:
MARLENE STECKLEY 5R.ADMINISTRATOR
(Name) (Title—agency designation)
Telephone: 305-292-4425 FAX Number: 305-295-4376
E-mail address: stecklev-marlene@monroecounty-fl.aov
7. Finance Director:
KIM W.WEAN COMPLIANCE MANAGER
(Name) (Title)
E-mail address: wilkes-kim@monroecounty-fl.Rov
Page 59