Item C31Coun of Mo
rf
A p si ,�1
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
IleOI1da Keys
) �i� h
Mayor Pro Tem David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
January 18, 2017
Agenda Item Number: C.31
Agenda Item Summary #2562
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292 -4510
N/A
AGENDA ITEM WORDING: Approval of modification 41 to 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 Monroe, County of, (Monroe County
Board of County Commissioners /Monroe County Social Services) for the period of 04/01/2016-
06/30/2017 in the amount of $89,373.00.
ITEM BACKGROUND: These WAP funds are to be utilized to perform energy- saving repairs,
and for the installation of energy- saving measures on qualified single family dwellings for income
qualified residents. These funds will be expended in accordance with the WAP State Plan and
LHAP. This is a cost reimbursement contract. These funds will be leveraged against SHIP funds to
ensure maximum usage of dollars applied to the most qualified residents county wide.
PREVIOUS RELEVANT BOCC ACTION: Approval on 07/20/2016 of Federally Funded
Subgrant Weatherization Assistance Program (WAP) Agreement 16WX- OG- 11 -54 -01 -039 for the
period of 04/01/2016 — 03/31/2017 in the amount of $70,207.
CONTRACT /AGREEMENT CHANGES:
Increase in funding of $19,166.00 and extension of 3 months
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
WAP MOD 4101-03-2017
WAP MOD 41 BACKUP pt 1 01 -03 -17
WAP MOD 41 BACKUP pt 2 01 -03 -17
FINANCIAL IMPACT:
Effective Date: 01/18/2017
Expiration Date: 06/30/2017
Total Dollar Value of Contract: $89,373.00
Total Cost to County: 10% cash match
Current Year Portion:
Budgeted:
Source of Funds: Grant
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: 10% cash match
Insurance Required: Yes
Additional Details:
01/18/17 NEW COST CENTER ADDED
125- 6155716
$19,166.00
REVIEWED BY:
Sheryl Graham
Completed
01/04/2017 10:18 AM
Pedro Mercado
Completed
01/04/2017 10:31 AM
Budget and Finance
Completed
01/04/2017 10:39 AM
Maria Slavik
Completed
01/04/2017 10:39 AM
Kathy Peters
Completed
01/04/2017 10:41 AM
Board of County Commissioners
Completed
01/18/2017 9:00 AM
[gA
Paragraph (3) PERIOD OF
AGREEMENT is hereby deleted in its entirety and replaced with the following:
"This Agreement period will begin on April 1, 2016, and will end on June 30, 2017, unless terminated
earlier in accordance with the provisions of this Agreement, including, but not limited to Paragraph (15),
TERMINATION."
2. Subparagraph (a) of Paragraph (4) FUNDING /CONSIDERATION is hereby deleted in its entirety and
replaced with the following:
rd
04
I
"(a) This is a cost-reimbursement agreement. DEO shall reimburse Subrecipient for allowable costs M
incurred in the satisfactory performance of work hereunder in an amount not to exceed EIGHTY-NINE
THOUSAND THREE HUNDRED SEVENTY-THREE DOLLARS AND ZERO CENTS ($89,373.00), subject to the
legality of the expenditures, availability of funds, and appropriate budget authority."
3. Subparagraph (c) of Paragraph (26) ATTACHMENTS AND EXHIBITS, is hereby deleted in its entirety and
replaced by the following:
4` Exhibit 1'A Funding Sources, is hereby deleted in its entirety and is replaced bv the revbedExhib�l�,
which � �
vv ��acn��hetuondincorporatedhereinbvreferenoe. '
5 Attachment 4 Scope of Work, is hereby deleted in its entirety and replaced by the revised Atachm�ntA, v�
which is uuacneohereto and incorporated herein byreference. ` CD
6 Exhibit 2toAtt �
achmentA, Bude�tSummaryand[ountyA||otinns � hereby deleted inh ansent|rety d
o rep/ aced by the revised ExhiExhibit 2 to Attachment A, which is at�/ched and incorporated herein
7e newExh�� 3 to Attachment A, Schedule of Deliverables, b hereby deleted in its entirety and is replaced by
8. All provisions not inconflict with this Modification remain |n full force and effect and are tobeperformed
as specified i
eo n the Agreement.
We remainder of this P i agijLr�'km
�
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY
SIGNATURE PAGE
forth below. IN WITNESS WHEREOF, the Parties have duly executed and delivered this Modification as of the date set
Monroe, County of
(Legal Name of Subrecipient)
Date:
Federal identification Number
DUNS Number
Agreement Number
STATE OF FLORIDA
11 �TAILT-oxyd-A
Taylor Teepe|LDirector
Division of Community Development
PM
Approved asto form and legal
sufficiency,
proper execution by the Parties.
#'ffice of the General Counsel 0
Ml
EXHIBIT I-A
FUNDING SOURCES
FEDERAL RESOURCES AWARDED TO THE SUBRECIPIEVT
si • PI-Mckil
ffa MC
award project description, as required to be responsive to the
Funding Accountability and Transparency Act (FFATA):
Awarding Agency:
roe, County of
76757
-IbUIFLLIEA
ctober 22, 2015
aril 1, 2016 through June 30, 2017
166.00
nergy savings home improvements to eligible
)w income households.
Department of Health and Human Services;
da Department of Economic Opportunity
,act: Hillary Ryan, 850-717-8433
3.568
)w Income Home En
0
/A
Assistance Program
i -EE0006146
'A
F A
'A
'A
A
Federal award project description, as required to be responsive to the
Federal Funding Accountability and Transparency
Energy savings home improvement
Act (FFATA):
Federal Awarding Agency:
o eligible low income households
Pass-Through Entity-
U.S. Department of Energy
ontact Information for Awarding Official of Pass-Through Entit
Florida Department of Economic
Contact: Hilary Ryan, 850-717-8433
atalog of Federal Domestic Assistance Number-
atalog of Federal Domestic Assistance Title:
1.042
esearch and Development:
eat erization Assistance
�nclirect Cost Rate, if applicabi
No
N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Federal Program:
Subrecipient
measures on qualified single family dwellings in accordance with all a� o aohment to this =v�«^m^«"8
applicable OMB Circulars, Florida VVAP Procedures s Manual and Guidelines, +��eemAgreement, Sped0cati«na/F/e|dGuideandthe FFy%O1GyyAp State Plan.
Standard Work
Subrecpientshall comply with applicable OMB Circulars, QEU's VVAP requireeligibility and eligibility .=q""=...e s as set forth in the U.S. Department of Energy regulations codified in Title 10 of th
e Cod e
or Federal Regulations, Part VV
44D—eathehzat|mnA ssistancePro8ramforLow+/ncomeperson s .
Federal Program: 0JA
State Project: N/A
REQUIREMENTS APPLICABLE TO STATE RESOUI?CES 411ta,
NOTE: Title 2[F.R.§ 200331 and section 2lS.97(5),Florida Statutes require that the information about Federal
:1M
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�
IFY 2016 WAP AGREEMENT
ATTACHMENT A
GENERAL POLICY SCOPE WORK
Subrecipient shall comply with the following requirements, and K applicable, ensure all contracts i
cnnmpiancew�hthe fo|�wingrequireme�s. /ncany/n0 out th�Agr'men�Subred U rx p|entsh� requ'e
necessary personnel, materials, services and facilities, except as otherwise provided herein to napr»«mea|/
program. SubrecipientshaU designate an individual, referred tobyQE nji' /rY out the
responsible for ensuring that the fo;owinQactividesare adhered to:
u� » nato�whowiUbe
F. The health and safety of the clients, Subredpient's staff, contractors and the integrity of building
structure
shall any
G. Subrecipient shall ensure that all installed weatherization materials meet the materials standards taken
11. SUBRECIPIENT RESPONSIBILITIES
A. File Documentation Responsibilities
Each client file shall contain the following documentation:
• Client intake form
• Client income documentation (for
past twelve months)
� Documentation of ownership or
�
Social Security Documentation (if
v Copies of any approved waivers
• Copies of applicable Pre and Final
Permits
• Client File Checklist
• RED Calculator printouts
0 Refrigerator Metering record
• QC1 Inspector Shee
• Infrared pictures
D. Monitoring Visits
The DB3staff and/or its representative shall conduct monitoring visits ofSubrecpientatbaxt once ayear
but es�equendyasDEO may dedrethroughout the program year. These visits are for the purposes of
quality assurance inspections, administrative and fiscal monitoring, Training and
7. Any action or lack of action that may result in a liability that threatens the Florida Weatherization
Grant funds.
8. Gross fiscal mismanagement, including any unallowable costs or any wrongful billing to the grant.
OR=
G. 0EO Field Procedures Waiver
Subrecipkent may request waivers which exempt Subrecipientfrom performing a required meas
which allow a restricted measure, if one or more of the following requirements are met: une,»r
1. If it is technically not possible to install the measures.
2. |f conditions exist, and cannot 6e overcome, that would make the installation nf the measure unsafe
]. The inst�ationnfthemeasurewou|dthreatentheheabhorsohet/ofe�herthec|hentorthevvorke—
U
C. SutCmaUty[untrw||nspectorshaUensunethataUme�su�srequiredbvtheVVAPPhor�yLbt
Field es and the VVAP re
AP have been installed, and ' ~'= meets - ��rk quality
the standards required 6v the VVApRe/dGuides.
'
D. Each completed project shall be inspected and the inspection shall be documented in the client file. N
project shall be reported as completed until all weatherization materials have b��n inst�|/ e d o
5ubrecipient has pe�ormeda�na|quaUty control inspection, indudin0any mechanical orsubconc ra
work performed.
our
E. All insta||edvveotheriaation materials shall meet the materials standards as detailed in Appendix Aof1O
[F.R. part 44O, shall beof good quality, and shall be installed in a safe and effective manner.
F. Project Selection
1. Projects should be prioritized in accordance with DOE Po>icy, Additionally, Subrecipient should
prioritize projects based on:
i
owner participation;
ii
potential energy savings based on utility bill anakmi
assurance that benef�sxvU|6e direct tounit ' �
occupants; and
k/. service to all areas of the service area.
'
Z. 5ubrecipient shall receive a signed landlord-tenant agreement before work begins on any individ |
dwelling unit. This document must be retained as part of the pn�ect�|e. ua
G. Energy Audit
Prior to performing an energy audit, 3ubredpient's auditor shall conduct axva|kthrougof unit it t
confirm the potential for the installation of energy conservation measures d t' h o�nsunethatth�re ar o
rps an
no major barriers to working in the building.
- - � ���---- ~ e
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( to check
for safety hazards and building durab8ityixnue�to provide dienteducation todocumentthe audit, and
towhteavvodk order detailing work tobe done and s�uationsthat need tn`eedd�ased Understaenergy use is a key to performing an exemplary audit.
nding
The energy audit shall include the following information:
I. An assessment of health and safety hazards.
3. Documentation, including, but not limited to, the type of energy audit too/ used, �e results ofth
audit anmkois,and the DOE'pvomu�atedp�or�yUstused to complete the energy 'audit e
]. An assessment and record of the exbtingoond� amo* sysbems
ionsnfthebui|din�an�itym��h mechanical '
4. An evaluation of the existing conditions for energy conservation opportunities and e /a{ d
health and sa�typroblems.
//�'U9-re e
S. A strategy for improved energy efficiency and for correcting energy-related health and safet
problems. y
The energy audit shall also include evaluations of all of the following, per the VVAP Procedures Manual
and the VVAP Field Guides:
nua
I. Combustion safety testing.
2. Air leakage analysis.
3. Combustion efficiency determination.
4. Thermal performance analysis.
5. Electrical safety testing.
6. E|ectricbese'|oad testing.
7. Indoor air quality and moisture inspection.
Subrecipient shall provide all clients with information regarding all of the following:
I. The vveatherizationprocess.
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:
l. 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 been omitted.
v �
iv. Inspect all work to ensure that standards f k
o work quality
�
that the job site is cleaned up.
V. Call for corrective actions where initial work does not meet standards
Z. Health and Safety Inspection '
i Verify that all work was completed to address related health and safety issues
'
ii. [aUfor corrective acUonovvhereiniba|vvorkdoes not mneetstandards.
3. File Revievvand Completion
�
2
i Review all required forms for accuracy and completion.
CL
ii Document required go-backs or follow-up work.
iii. 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.
I~
|V. INSTALLATION OF MEASURES
VVeatherization measures serve all of the four following purposes:
� Conserve energy.
2. Reduce energy bills.
3. Protect residents from energy-related hazards.
4. Protect building from damage caused by fire ormobture.
—
3ubrecipient shall be responsible for installing vveatherioation measures per the VVAP Priority List VV�P
Procedures K8anua|,the HeNGuides '
—
and appU L
cab|e/o��State,endFedera|code.
V. HEALTH AND SAFETY
VVeatherizatiun services shall be provided in a manner that minimizes risks to workers, clients, and clients'
homeu. VVeatherization services sheUnot begin health '
until and sa�typroblems are re o«ed
removed. �cp/ent
ubr i
shaUcomply with and enforce the VVAp Safety
-~
Plan.
If work is behind schedule, Subrecipient shall immediately begin implementation ofa plan to bring work up
VII. PAYMENT AND DELIVERABLES
Subrecipient will be reimbursed monthly for expenditures reported in its Monthly Financial Status Report as
described in Attachment C, Reports. Reimbursement will be made by DEO upon DEO's finding that the
:1M
�q_
a) The Deliverables shall be reported monthly onSu nt�k0onth|y�nanda|StatusRepo�asdesorbed �~
|»At�/chment[Repo�z. ' described
b) Successful completion of the Deliverables shall be determined by receipt by DEO of Subrecipient's Monthly v�
Financial Status Report containing the certification required in Attachment G Warranties and
Representations. ^ ' z7
VUi FINANCIAL CONSEQUENCES
A. If Subreciplent 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, Subnec|p|ent shall be assessed
�nanda|consequence in the amo amount e»se �
un oneAercent(196)ofthe�ot�/amountofxveatheriza{ionsen/ices
provided tothe 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 Subredpient from receiving payment for such
expenditures upon successful completion of the Deliverable.
C. /fSubrecipient fails 10 be open, and available, for services according to its regular business hours
as
identified in Attachment G, Warranties and Representations, outside weekends and State holidays,
Subredpient shall pay tn DEO finand '� i
failed to operate according to its regular business huu,uptoamaximum
of $100.00, fmrsuchhax/«re nz
o — pe
unless DE[}in its sole discretion vvaivessuch faU writing --'`thatthea
was due tofactuo beyond the control ofSubmecipient. failure
D. Any amounts due under this Financial Consequence section shall be paid by out ofnon
Federal funds. ' '
I
Page 37A
FY 2016 WAP AGREEMENT
EXHIBIT 2 TO ATTACHMENT A
SUBRECIPIENT: MONROE, COUNTY OF
AGREEMENT: 16WX-1 G-11-54-01-039
1. ADMINISTRATION
4,468.30
H EALTH & SAF
TRAINING TECH NfCAL ASSISTANCE 8,488.00
4. SINGLE AUDIT
5. LIABILITY INSURANCE
3,500.00
6. MATE RIALS/LABORIP ROG RAM SUPPORT �$60,748.70
i. - TOTAL
:$89,373.00
2016 WAP AGREEMENT
51109�# �Ti T
Agreement Number: 16 -- 11 -5 -01 -039
The total estimated annual production goal will be the number of dwellings that are anticipated to be
weatherized for the entire Agreement period. 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 12o—meet the advance exEenditure requirement throughout the
Agreement period as outlined in Attachment D, Justification of Advance Payment, of theAgreement.
Process for calculating production goals:
To determine the final amount of funding (Weatherization Amount) available to be appliedto
weatherizing dwellings (material, labor and program support activities) complete thefollowing:
Add:
Direct Charges (Audit, T&TA, Insurance from Budget)
Health & Safety Budget
Administration (Admin) from Budget
Agreement Amount: ��7 3. �oo
$11,988.04,
$12,168.00
JAA68.30
Total $28,624.30
Subtract:
Total from the Agreement Amount 28,624,30)
Total Weatherization Amount: �60 748�30
To determine Estimated Production:
Divide the Weatherization Amount by the allowable per dwelling average expenditure amount of
$7,105.
Weatherization amount $60,748.70 divided by $7,105 = 9 Estimated Production.
To determine Estimated Health and Safety Amount for the Estimated Production (use Subrecipient prior
year's per unit average H&S to Project the total H&S costs):
Multiply the Estimated Production times the projected H&S expenditures ��61�00 = Total S.
ESTIMATED ANNUAL PRODUCTION TOTAL: 9
:1M
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yy � 1 � fi
D �Iq""'P v A , " ,,, 1 1, "'i I. j�
C.31.b
issy P roctor
EXECUTIVE DIRECTOR
FROM: Debbie Smiley, Manager
Weatherization Assistance Program
SUBJECT: State Weatherization Program Notice 16 -02A
2016 Weatherization Assistance Program
Agreement Modification
DATE: December 2, 2016
Enclosed is the Department of Economic Opportunity (DEO) modification package revising the 2016
Weatherization Assistance Program (WAP) Subgrant Agreement as follows:
a increasing funding,
0 extending the term of the Agreement through June 30, 2017,
m making changes to budget cost categories as requested by Subrecipient (i.e. increase /decrease
budget, cost categories, and production unit increase or decrease)
0 revising performance deliverables, and
0 temporarily reallocating WAP territory, if applicable.
The following is a more detailed explanation of these changes:
Revised Exhibit 1 -A (pages 28 -29):
• Revised to reflect additional funding obligated to Subrecipient
• Please note: the source of this increase is LIHEAP funds (Federal Award Identification
Number #G -1601 FLLIEA)
Revised Attachment A (pages 31 -37)
o The deliverables in the scope of work (page 37) are revised to include revised specified
deliverables that are quantifiable, measurable, verifiable and tied to payment, in accordance
with section 287.058(e) F.S.
• Deliverable #1 considers the flexibility of the WAP operations, allowing for administrative,
program support, training and technical assistance, single audit, liability insurance costs, to
be paid, provided the Subrecipient is open for business during the specified operating
hours.
• Deliverable #2 requires production of a minimum of one complete unit supported by a
Building Work Report (BWR) in order to submit for reimbursement of associated costs.
Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399
850.245.7106 1 yr yrt j:'Iorid Jo ,czrg
w.twitter.corn /FLDEO lwww.facebook. com1FLDEO
An equal opportunity employeriprogram. Auxiliary aids and service are available upon request to individuals with disabilities. All
voice telephone numbers on this document may be reached by persons using TTY/ D equipment via the Florida Belay
Service at 711.
�4_
4
State Weatherization Program Notice 1G-0QA
December 2.2O16
Page 2of3
Revised Budget Summary and County Allocations (page 40):
u Revised to reflect additional funding and any cost category shifts o/ production reductions
requested by5ubrecipient.
• Renamed from "'SCHEDULE OF DELIVERABLES" to "PRODUCTION SCHEDULE'
• Revised to remove the "EST MONTHLY PRODUCTION" section *�
• Revised to add the "ESTIMATED ANNUAL PRODUCTION" section
Please submit two modifications, each with an original signature and the completed Attachments to DEO as
soon as possible.
If you have any questions or require additional clarification on the information and requirements addressed
in this modification, please contact your grant manager.
�
The remainder gf this page isdeliberately left blank.
State Weatherization Program Notice 16-02A
December 2, 2016
Page 3 of 3
zsm��=
D f- i NI I A4 certifies by signatures below, that it has received, read, understand
Subrecipient Namel
1
4
W
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-45 10
N/A
------------------------
PREVIOUS RELEVANT BOCC ACTION:
Approval of Modification 002 to Agreement # 1 5 WX-OG- 11-54-01-03 9 between the Department of
I Opportunity, Weatherization Assistance Program and County of Monroe (Monroe County
gocial Services) for the contract period of May 1, 2015, to June 30, 2016.
CONTRACT/AGREEMENT CHANGE§T
None
STAFF RECOMMENDATION: Approval
DOCUMENTATIOW:
WAP Agreement 07-05-16
WAP Backup 07052016
.................
FINANCIAL IMPACT:
11 1
I'll W 111
�1�11111111pi I
IU � � I) I Vi I I W to Mmud
Revenue Producing: No
Grant: Yes
County Match: 10%
Insurance Required: Yes
LMZZEMM
If yes, amount:
Total: $70,207.00
Sheryl Graham
Completed
07/05/2016 11:57 AM
Pedro Mercado
Completed
07/05/2016 1:33 PM
Budget and Finance
Completed
07/05/2016 5:25 PM
Maria Slanai k
Completed
07/06/2016 7:18 AM
Kathy Peters
Completed
07106/2016 9.05 AM
Board of County Commissioners
Completed
07/20/2016 9:00 AM
I'll W 111
U l, - 00 - 1,0 1,# U dVM : Z99Z) L I,-Co- I,0 Z 4d drimove i,# aOW dVM 4LIOWL1
J, Fully
%110 IAL Executed
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
CFDA Nurnber(s): 81-042, 91568 Agreement Number: 16WX-OG-11-54-01-039
FEDERALLY FUNDED SUB GRANT AGREEMENT
VVEATHERIZATION ASSISTANCE FOR LOW-INCIDIVIE PERSONS
THIS SUBGRANT AWARD AGREEMENT ("Agree rn ent") is entered into between the State of Florida,
Department of Economic Opportunity, with headquarters in Tallahassee, Florida, (DECO) 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 (WAR)
at the Federal level, and distributes WAR grant funds to states, The State of Florida's Department of
Econornic Opportunity has received such grant funds from DOE, as well as funds from the U.S. Department
of Health and Human Services (Hl for the State of Florida Low-lncorne Home Energy Assistance Program
(LIHEAP), which are administered in conjunction and blended with 'AP funds.
B, DE O is 0 WAP grantee recipient agency for the State of Florida, designated by DOE to receive
funds annually for program purposes. EEO is authorized to distribute WAP funds to Subrecipient to provide
energy efficiency improvements to eligible households.
C, Subreciplent is eligible to receive these grant funds in order to provide the services identified
THEREFORE, DIED and Subrecipient agree to the following:
(1) SCOPE OF WORK
Subrecipient shall perform the work In accordance with Attachment A, Scope of War*, to this
ZMEEM
(2) INCORPORATION OF !LAWS- RULES- REGULATIONS AND POLICIES
Subrecipient and DEO shall be governed by all applicable State and Federal laws, rules, and
regulatiorts, including, but net limited to, those identif'ed in Attachment B, Program Statutes and
ME=
(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.
Page 1
(4) EgNRLNtpltIitfi_l
(a) This is a cost-reirribursement agreernent. DED shall reimburse Subredipient fear allowable
costs incurred in the satisfactory performance of work hereunder in an ari not to exceed SEVENTY
THOUSAND, TWO HUNDRED AND SEVEN DOLLARS AND ZERO CENTS ($70,207), subject to the legality of
the expend itu ries, availability of funds, and appropriate budget authority.
i(b) Any advance payment under this Agreement is subject to sect:ioin 2164181(116), Horlda
Statutes (F. S.), The arniount of advanced funds may not exceed the expected cash needs of Subreicipient
within the first three nion'ths of the term of this Agreement, If an advance payment is requested, the budget
data on which the request is based and a tustification statement shall be included with this Agreement as
indicated in Attachment D, Justificatfon of Adivance. Attachment D must specify the arnount of advance
disbursement requested and provide ain explanation of the necessity flor and proposed use of these funds.
(c) Subrecipient shall expend an amount equal to or greater than the arnount of the !initial
advance within the first three months of the terra of this Agreement. if Subrecipient has not expended an
-arnount at least equal to the initial advance by the end of the 'First three inon'ths of the term of this
Agreement, Subrecipient shall subimit a written explanation to DE
(d) After any initial advance, payments wiII be rnaide on a cost-ireiiinbuy'sernent basis.
(e) If the necessary funds are not avaiiable to fund this Agreement as a result of action by the
United States Congress, the Federal Off ice of Management and Budget, the State Chief Financial Officer, or
under Subparagraph (18)(f) of this Agreement, all obligations on the part of IDEO to make any further
payment of funds terminate, and Subrecipient shall submit its closeoult report wIthin 310 calendar clays of
receiving notice from DE10.
(f) Subrecipient and its contractors may only expend funding under this Agreement for allowable
costs resiulting from obligations incurred during the Agreement period, To be eligible for reirnburseirnient,
costs must be in compliance with laws, rules, and regulations applicable to expenditures of tate funds,
including, lbunt not limited to, the Reference Guide for State Expenditures
(hUp: ^ yL. Mf I is rl�
4gcfo.cornLyadir refer
(g) Subrecipient shall refund to DEO any funds obligated t ubrecipient !inclutfing, but not
limited to, any advance payrnents, and which remain unobligateld by Subirecipient at the and of this
MMMMM
(h) Subrecipient shall refund to DEO all funds paid in excess of the amount to which Subrielcipiient
or its contractors are entitled under the terms and condAions of this Agreement.
(1) SUbrecipient shall (i) rn,Mntain all funds provided under this Agreement in a separate bank
an
account car (ii) Subrecipient's accounting system shall have sufficient inteirinal controls to separately track the
X I Page 2
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expenditure of all funds from this Agreement. There shall be no oommirr gling of funds provided under this
Agreement, with any other funds, projects, or prograrns; "commingling" of funds is distinguishable from
"blending" of funds specifically allowed by law,
(j) If Subreciplent 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 larovided to
Subreciplent Linder this Agreement. Subreciplent, upon such written notification from DE O shall refund, and
shall pay to CEO, the amount of money demanded by DE O in accordance with Paragraph (17), Repoyments,
of this Agreement,
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Subreciplent 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 DE O, or are not completed in a manner
acceptable to DE O, DE O 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 DE O," means that the reports were compileted, in DE O's sole determination, in accordance
with this Agreement,
(b) Subrecipient shall provide additional program updates, reports, and information as
requested by DEO.
(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 Linder 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) Subreciplent and its contractors shall comply with the most recent WAP Monitoring
Protocol, provided to Subrecipient and available upon request from CEO, and cooperate with any
monitoring by DE O, If DEO determines that a limited scope review of Subreciplent is appropriate,
Subreciment 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 DE O, 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,
Page 3
or any authorized representative of those Federal agencies' respective Federal offices of the urn spector
General,
(e) Sulbrecipient shalll cooperate with DEC) and the Federal an agencies to assist
facilitating any rnonitoring visits conducted by DEO or the Federal awardlng agencies, DE10 may conduct
monitoring visits at its determination and in its sole discretion, but no'Hess than once per program year,
1. Subrecipient shall cooperate with aUthorized representatives of DE O 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
performin ender 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
requirernents,corrective action plans, arid/or disallowed costs.
2 Subredivient shall have a qualified member of Subreciplent's staff, or an appropriately
ficensedthird party building inspector engaged by Subredpient, inspect all work performed pursuant to Ns
ffu��
3. Subrecipient shall require a provision in ail contracts and subcontracts in furtherance of
this Agreement that any work performed by a contractor which does nOt rneet qUality expectations and that
rectulres correction shalt be done at the contractor's expense,
ffiffiammm
(a) Subrecipient shall not conuract in furtherance of this Agreement prior to receiving DE O's
written confirmation that the proposed contract includes the following requirements
1. Contractor isbound 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), Informotion 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 011t Of or related to the contractors performance of work under this Agreement, to
the extent allowed by law; and
4. Contractor shall disdose t ubrecipient and DEO if it is an tire Convicted Vendor List
identified in section 7.1 ((I, F. S., or the Discriminatory Vendor List identified in section 287,134(2l, F.S,
(b) For each contract, Subrecipient shah provide a written statement to DE O as to whether that
contractor is a certified n business, as defined in section 287,0 943, F, S,
Em
0
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Attachment: WAP MOD #1 BACKUP pt 2 01-03-17 (2562: WAP Modification #1 01 -03-17)
�Iliilllliili I
(c) Prior to entering into a contract with any contractor to be paid from funds from this
Agreement, Su°brecipient shall submit to DE O 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 Requirementsfar 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-
reimbursement basis, Subrecipient will be subject to the Federal Acquisitiori Regulations System, particularly
(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 afterall 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 DE O to facilitate the cluplicatiori and transfer of such Records upon
request of DE O. Tf five-year period may also be extended for the following reasons-
L 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 cfispclsitlon 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 forfive years
after final disposition of the non-expenciable 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 accordarce 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
UMM=
Page 5
(c) Subreciplent shall maintain all records for d1l contractors to be paid from funds provided
under this Agreement, including documeintatmn 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 reguIlations.
(d) Subrecipilentshalil give access to any ' SUbreciplent's records to representatives of II the
Chief FinancWl Officer of the State of Norlda, the Aud'tor General of tire State of Florida, the Florida Office
of Program Policy Analysis and Government Accountability, or representatives of the Federal government
and their duly authiorized representatives for the purposes of conducting audits, exarnIinaflons,
investigations, or making excerpts or transcriptions.
I(e) Subrecipient may, per rule 1B-24.003�9)(a), Horida Aldrvilnistrative Code, aflow lts; public
records to be stored through electronic record keepingsysterns as substitutes far the original or paper copy.
(f) Subrecipient shall maintain books, records, and documents in accordance with generafly
accepted accounting principles and practices which sufficiently and properly reflect all expenditure s of funds
provided by DEG under this Agreernient,
(g) Records pertaining to this Agreement must be availabie at reasonable tunes for inspection,
review, or audit by State personnel and other persons authorized by DEO or the Federal awarding agiencies.
"Reasonable" means normal business hours of 8.00 a,rn. to 5. 100 p,m,, local time, Monday through Friday,
(h) If Subrecipient's expenditure-, of State financial assistance or Federal awards during its
apphcable fisi4l year(s) require it to conduct an audit in accordance with Exhibit 1, Audit Requirements, to
this Agreement, 5uch audit will comply with all applicable requirements of Exhibit 1, Audit Requirements, to
this Agreement, section 215-97, F.S., and the Unllfiorm Guidance as applicable, and Subreciplent shall ensure
that all related party transactions are disclosed tun the auditor,
Ji) Subrecipient shall indlude the aforementioned audit 'and reciord-keeping requirements in MI
contracts in furtherance of this Agreement,
0) Subreclicient small have each required audit cvsrnpllieted by an independent certified pUbfic
accountant (IPA), either a certified public accountant or a public accountant (licensed under chapter 473,
F.'S., and en cure that all related party transactions are disdirssed to the auditor. For the IPA's audit to be
Sufficient, it must state that Subrecipient complied with the apisficable provisions noted in Exhlbit 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 Agreenvent and the applicaKle laws, rLdies and
regulations referenced thereln. The requirements of 2 C,T,R, § 200,512, Report Submission, are applicable
to audits of Federal awards conducted in accordance with Subparagraph (5)(h) above,
Page 6
21 1 i 7 1 111 1 1 1 1! 1 ''1 1 W 111
�1�11111111pl I
in conjunction with this Agreement.
Page 7
(d) if, for purposes of this Agreement, Subreciplent is a "contractor" as defined in section
SL.ubr'eiclpiieiit-cori'tractor keeps and maintalns public records upon completion of the contract, Subrecipient-
contractor shall) meet all) applicable requirements for irietaining public ireciords. All records stoired
eliectrorncMly miust be provided to DEO, upon request from DE O's icustodian of pub,11c record's, in a format
that is compatible with the information technology systems of DEO.
i(e) if DECD does not possess a irecor'd requested thriOUgh a public records request, DE10 shall notify
(f) Subrecipient shall nicitify DEO verbally within 24 chronological houirs arid in writing within 72
chronological hOUrS if any data in Slubrecipient's possession related to this Agreemeint is subpoenaed or
improperly used, copied, or r (except in the ordinary course of business) by anyone except an
authorized representative of IDEO. Subrecipient shall cooperate with DE O, in taking all steps as DEO deerns
advisable, tio Iprevernt misuse, regain possession, or otherwise protect the State's rights and the data
sUhject's privacy.
(g) Subrecipient acknowledges that CIE O is subject to the provisions of chapter 119, F.S., relating
to pUblic records and that reports, invoices, and other documents Subreciplent !submits to DEO under this
Agreement constitute pubic records Linder Florida Statutes, Subredpleint s1hall icoolper,ate with DEO
regarding 'E is efforts to comply with the requirements of chapter 119, F-Sa
(h) If Subreciplent submits records to DEO that are confidentlall and exempt from public
disclosure as trade secrets or proprietary confidential business information, such records should be
lidentified as such by Sularecipient prior to sUbmittall to DIEO, Failure to identify the legal 'basis for each
exemption from the requirements of chapter 119, F. S., pirior to submittal of the record to DE O serves as
SLdcredpient's walverof a claim of exerripflon, Subreciplent shall ensure that pub) ic irecords that aire exlempt
or 0011fidentiall and exempt from Ipublic records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreerneint term and foltowing completion of the Agreement if
54V
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Attachment: WAP MOD #1 BACKUP pt 2 01-03-17 (2562: WAP Modification #1 01 -03-17)
�1�11111111lii I
Subrecipient- contractor does not transfer the records to DEO upon completion, including termination, of
the Agreement,
(i) IF OR HAS QUESTIONS REGARDING THE
0) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents,
employees, partners, subreciments, 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
�Mly RUP Mat: gler,
employees, partners, subrecipients, contractors, or subcontractors, provided, however, that Subrecipient
omission of the State or DEO. DEO, in its sole discretion, has the right, but the not obligation, to enforce this
indemnification provision,
news release pertaining to this Agreement shall be made without the prior written approval of DE0.
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 E►'s
subgrant agreements in excess of nominal value, if applicable, to expressly require Subrecipient to:
1. Utilize the U.S. Department of homeland Security's E Verify system to verify the
employment eligibility of all new emp'oyees 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 E-Verify system to verify the
employment eligibility of all new employees hied by the contractor during the term of the contract
Page 9
(b) if Subrecipient does not have an E-Verify MOM in effect, Subrecipient shali enroll in the E-
VerHy system prior to hiring any new employee after the effective date of this Agreement,
(12) INDEMNIFICATI QNTRLCTQR STATUS
(a) Unless Subreciplent is a State agency or subdivision, as defined in section 769,28(2), K'S�,
Subrecralent is I'Llilly Hable for the actions of its agents, employees, partners, contractors, or subcontractors
and shall fully indeninify, defend, and hold harmless the State and DE O, and their officers, agents, and
employees, from suits, actions, damages, and closts of every name and description, including attorneysfees,
arising from or relating to personal injury and damage to real iDr personal tangible property alleged to be
caused in whole or in part by Subreicipient, its agents, ernployees, partners, contractors, or subcontractors,
provided, however, that Subreciplent 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 DE O,
Any Subre dpi ent which is a State agency or subdivision, as defined in section 768.28(2), F.S.,
(b) For purposes of this Agreement, Subrecipient is an independent contractor and is not an
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�1�11111111li I
(13) pfrAULT
If any of the following events occur ('Events of Defa iftr, ), DEO shall have the right to terminate
further payment of funds under this Agreement, and DE O may exercise any of its rernedies 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 DE O is, or becomes, false or misleading in any respect, or if Subrecipient falls to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with LEO
and has not cured them in timely, according to the terrns of this Agreement, and in BEE'S sole discretion, or
is unable or unwilling to meet its obligations under this Agreement;
M If a material adverse cl 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 DE O;
(c) If Subrecipient fails to submit any reports required by this Agreement, or if Subrecipient
submits a report to DEO with incorrect, incomplete, or inSUff icient 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.
If an Event of Default occurs DEO shall exercise any or ah of the fonowing remedies, either
concurrently or consecutivelyn
(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
1, Issue a written warning to advise that rnore serious measures may be taken if the
situation is not corrected,
3. Advise Subreciplent to suspend, discointinue, or refrain from incurring costs for any
activities In question, or
4. Require Subrecipient to reIrriburse DE O for the aniount of costs inciurred for any items
determined to be Ineligible or unallowable;
(e) Exercise any other rights or rernedies which may be otherwise avaflable under law or in
Pursuing any of the above rernedles will not hr nit any of DEO's other reiniedies, and all rights
and remedies set forth In this Agreement are curnulative to any other rights or riemedllies avaihblle to DEO,
in daw or in equity. If DEO ac es any right or remedy in this Agreement, or fails to Insist on strict
performance by Subrecipient, RMH not affect, extend or waive any other right or reniedy of DEO, or affect
the later exercise Of the same right or rernedyby DE O for any other default by Sulareciplen't,
(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 flOwth in Paragraph 13), Delcrult, of this Agreement or
Subrecipient's failure to cure an Event of Default within 30 callendar days from receipt of notice, The
Subrecipient shall not be entitled to recover any cancellation charges or lost profits,
(b) DEO may terrninate this Agreement, 'in whole or in part, for convenience by providing
(c) 'The Parties may terminate this Agreement for their mutua convenience through a written
amendment to this Agreement. The arnencimentshall state the effective date of the termination and the
Procedures for 1propeir closeout of this Agreement.
i(d) Ilf DEO issues a nofice of Event of Default, Subreicipient shaH ir stop inCUrring new
obligations upon receipt of the notice. 'If DEO determines that SUbrecipient has erred the Event of Default
within the 30--day cure period, DEO wiOl provide notice to Subrectpllent of such and when Subrecifyient may
resiurne incurring new obligations, Costs incurred for new abHgations after receipt of a notice of Event of
�1�11111111�11 I
Agreement is terminated by DEO because of Subrecipient's breach, such termination shall not
relieve Subrecipient of liability under this Agreement, DE O may, to the extent authorized by law, withhold
payments to Subrecipient for the purpose of set-off until the exact arnount of damages due CEO from
Subreciplent is determined,
provided in Subparagraph 16(b) Wow,
(b) The name and address of DEO's Grant Manager for this Agreement is
Debble Smiley, Grant Manager
Department of Ecom)rrk Opportunity
Division of Community Development
Bureau of Community Assistance
107 East Madison Street, MSC 400
Tallahassee, Florida 32399-4120
Bureau of Community Assistance
107 East Madison Street, MSC 400
Tallahassee, Florida 32399-4120
Page 13
in accordance with section 215.34(2), F &, if a check, or other draft, is retuirned to DIED flor collection,
Subrecipient shall pay to DEO a service fee of fifteen, dollars and zero cents ($15,00) or five percent (5%) of
the face arnount of the returned check or draft, whichever is greater.
(b) If Subreciprent's non-complianice with any provision of this Agreement results in additional
cost or monetary loss to DE O, the State of Florida, or a Federal awarding agency, DE10 may recoup that cost
or loss from monies owed ItO SUbreciplent under this Agreement or any other Agreement between
0
Subrecipient and any State entity. if the discovery of this cost or loss arises when no monies are available
under this Agreiernent 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 arnount owed, un'less DEO
agrees, in writing, to an alternative tirnefrarne.
(18) MANDATED CONDIT QNS 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 terrninate this Agreement pursuant to Paragraph (15),
Terminotion, above.
(b� This Agreernent is executed and entered into in the Stare of Florida, and shall be construed,
collection in conjunction with this Agreernent.
(c) Any power of approval or disapproval granted to DEO under the ternis of this Agreement
shall survive the termination, including expiration, of this Agreement. The provisions of Attachment A, Scope
of Work, Paragraphs (9), (110), (12), (14), (2. 7), and this Paragraph 1(18), shall survive the termination, including
expiration, of this Agreement; provided, however, that the record- keeping and audit-related obligations set
forth in Paragraph 1(10,) Avdics ond Record5, of this Agreement shalll terminate in accordance with the
requirements of Paragraph (10),
(d) This Agreement may be eyecuted in any number of counterparts each of which shall be an
original and all of which shall constitute but one and the same instrument,
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WAP Modification #1 01- -1)
�1�11111111�11 I
(e) Subrecipient shall comply with the Americans With Disabilities Act (Public Law 101-336, 42
U &C § 12101, et set and the Florida Civil Rights and Fair Housing Acts (sections 760.01 — 76037, F,5.),
which prohibit discrimination by public and private entities oil 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 approphlation 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 bilk 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,
M
(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, F.S., 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, AR of these meetings shall be publicly noticed, open to the public, and the minutes of all the
meetings shalt 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
supphes 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.
(1) Subrecipient is subject to and shall comply with sections 11.062 and 216.347, F.S. The use of
Page 15
(m) Subrecipient shall reirriburse the State for the reasonable costs of investigation incurred by
the Inspector General or other authorized State or Federal tidal for investigations Of SUbrecipient's
compliance with the terms of this or any other agreement between"SUbrechcIent and the State which results
41 the termination, suspension, or debarment of Subrecipient. Such costs shall include, but shah riot be
firnited to,-, salaries of investigators, lncluding oveirtime; traveil and lodging expenses; and expert witness and
documentary fees. Subreciplent wHi not be responsible f any costs of !investigations that do not recruit in
Subrecipient's termination, suspension, or debarrnenL
(n) Pursuant to section 287.133(2)(a), F.S,, a person or affiflate who has been placed on the
Convicted Vendor List following a conviction for a pubhc entity crime irriay not submit a bid, proposal, or
reply on a ountract 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
(ID) Subject to chapter 119, F,,S,, Subrecipient shall riot publicly disseminate any information
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Attachment: WAP MOD #1 BACKUP pt 2 01-03-17 (25633
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WAP Modification #1 01 -03-17)
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(p) As required by section 286.25. F. ' . . . . . . . Mt
ODDortunitv" must a-nnpa-r i .. P . I
TW�Iffl
1. Conflict of interest: Subrecipient is subject to chapter 112, F.S. Subrecipient-contractor
shall disclose the name • any officer, director, employee, or other agent who is also an employee of t
State. Subrecipient-contractor shall also disclose the name of any State employee who owns, directly
indirectly, more than a five percent (5%) interest in Sub recipie nt-co ntractor or its affiliates. I
• - •
3. Vendors an Scruti , d rn • if t lima
1111 11 Pill IIIIIIII IIIII 11�111 ! iiiiiiiii IIIIIIIII ' 11��1111��Iiiimip
%. If DEO determines that Subrecipient has submitted a false certification, DEO shall
I'll W 111
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Page 17
giavernimental entity For three (3) years after the date of DE O's determination of false certification by
MRMMZ�
c. if Federal law ceases to authoidze the states to ad and enforce the contracting
prohibition identified herelin, this provision shall be null and void.
4, Discriminatory' Vendors: Subreciplent is subJect to section 287,134, F.S. and affirims that it
is aware of the pro Visions of section 287134(2)(a), F.S., and that at no time has SUbrecipient been placed
on the Discriminatory Vendor List. iSnubr ecipient shall not vii late such law during the term of this Agreement.
Su bireid pie n't sha Ill disclose to DE if Su breci: P ien't or any of its affiliates, as defined by section 287,134(l)(a),
F.S., appears on the Discriminatory Vendor List, An enflty or affiliate placed an the Discriminatory Vendor
List pur'suant tio sectron 287.1.34, F,,S,, may not.
a. SlubrTut a bid on a contract to provide any goods or services to a public entity
b. Submit a bid on a c,ontract with a pubhic ieentity fir the construction or re!*r of a public
building or public vrork,-
c. Submit lbids on leases of real 1prioperty to a public entity; or
d. Be awarded or perform work as a contractor, supplier, sub-contractor, or consultant
Linder a contract with any public einfity; or transact business with any public entity.
i(r) Abuse, Neglect, and Exploitation lncident Reporting: In comisfiance with sections 39.201 and
4151034, F.S., an employee of Subirecipient who I knows or has real onablie cause to suspect that a child,
aged person, or disabled adult is or has been abused, neg fact ed, or exploited shall lirnmediately replort such
knowledge or suspicion to thie Florida Abusle Hotline by calling 1-8100 96 ABUSE, oir via the web reporting
Option at,Ltt2� �wytw „dcfzta�tejkus �abuse I�reort �, or via fax at 1-800-914-0004
(19) FEDERAL RE PERTAIININ�j
(a) Federal graint funds Iprovid eid uncler this Agreement imay not be used by Subrecipient or any
contractor to support linibbying activities to linfluience proposed or pending Federall legislation or
appropriations. This prohibition its related to the use of Federal grant funds and not intended to affect an
iridividual's aright or that of any organization, to petition nn Tess, or any other leviel of Government, through
the use of other resources,
(b) Subreciplent certifies, by the authodzed representative's signature to this Agreement, that
to the best of its kno%odedge and belief, no federal appropriated rands have Ibeien paid or wEll be paid, by or
on behalf Of SUbrecipient, to any person for influencing or attemptling to influence an officer of employee
of any Fiederal a gency, a member of Congress, an officer or employee of Congress, or an employee of a
mernber of Congress in connection with the awariding of any Federal contract, the rna4ng Of any IFed eral
�1�11111111li I
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperatWe
(c) Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying" if any funds other than FederaHy 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. § 1352, and require all
contractors of subawards (including contracts, subcontracts, sub, rants, grants, loans, and cooperative
agreements) to coirriply 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 arid, when applicable,
submit the completed Disclosure Form to Report Lobbying. This certification is a material representation of
fast 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
expendiLure and such failure.
(20)QPYRIGFIT PATENT AND TRADEMARK
Any, and all, patent rights accruing under or in connection with the performance of th5
Agreement are hereby reserved to the State of Florida. Any and al copyrights accruing under or in
connection with the performance of this Agreement are hereby transferred by Subreciplent to the State of
Florida.
(a) If Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise,
(b) If any discovery or invention is developed In the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, SUbrecipient shall refer the discovery or
invention to DEO for a determination whether the State of Florida wO 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 DE O. 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 inteflIectual
(21) LEGAL AUTHORlIZATION
(a) Subrecipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has author'zed the execution and acceptance of this Agreement.
The undersigned person certifies that he or she has the authority to legaWy execute and bind Subrechsient
to the teams of this Agreement,
(b) Prior to execution of this Agreement, Subrecipient .shah disclose all prior or on-going civil or
(22) ASSURANCES
Subrecipient shah comply with any 5tatement of Assuronces incorporated as Attachment F.
(23) PURCHASING,
(a) Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE)F In accordance with
section 1946.515(6), RS., 'if a product or service required for the performance of this Agreement is certified
by or is avaiiable from PROE and has been approved in accordance with section .E1 (2), IF-, , the
foilo win g statement apphesn
Page 20
Attachment: WAP MOD #1 BACKUP pt 2 01-03-17 (2562: WAP Modification #1 01 -03-17)
�1�11111111pl I
j i •
(b) Products Available from the Blind or Other Handicapped (RESPECT) In accordance with
section 413.036(3), F.S., if a product ■ 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 SUBJEW
• [IN I If I 1 9 1 1 . 9 1
Additional information about the designated nonprofit agency and the products it offers is available at
htti2://www.respectofflorida.org.
(c) Subrecipient shall ■rocurp a v rPrvr1P,■_
11 1111111�1��i
MITI
if any provision, in whole or innaff. of t Pr lilt i 11 a . :: I'll
TWUWK com netent i
if law or is not otherwise unenforceable, and all other provisions remain in full force and effect.
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 Programma
Documents, and any revisions thereto, which are incoryorated herein b ■
upon request from DEO's Grant Manager for this Agreement, as set forth in Paragraph (16), Notice all!
(a) The Florida Weatherization Assistance Program Health and Safety Plan (WAP Safety Plan);
(■) The 2015 Florida Weatherization Assistance Program Procedures and Guidelines Manual
I
% c) The Florida Weatherization Assistance Program Single Family Priority Lists Site Built and
0 9
a) The Florida Weatherization Assistance Program Monitoring Protocol (WAP Monitorin»
(a) All attachments and exhibits to this Agreement are incorporated as if set out fully herein.
the attach men s, the language of the attachments shall control, but only to the extent of the conflict or
1 ,11 1111, 1 1 11 11111m III a
fflnn#s «± �-'
_ « >!¥ = m w +M
ZMEB
�1�11111111�11 I
STATE OF FLORIDA
MMMI
SIGNATURE PAGE
lN WITNESS WHEREOF, the Parties have duly executed and deHvered this Agreement as of the
date set forth below.
Monroe, 92Mpty of
M
MIMI
16MIX-OG-11-54-01-039
Agreement Number
STATE OF FLORIDA
Apuftwit �111 � 1
By:
I'MMERNMA
MZ=
Office of the General Counsel
Department of Economic Opportunity
"'
BY: 11 , �U
Approved Date:
FY 2016 WAP AGREEMENT
EXHIBIT I
LUD T RFOUIREMENTS
The adminktration Of reSOurces awarded by DEO to the Subrecipient rnay be subject to aucifts and/or
monitoring by DEO as described in this section.
Z In connection with the aUdit reqUirements addressed in Part 1, paragraph 1, the recipient shall fulfill
the requirements relative to auditee responsibifties as provided in Subpart C of OMB Circular
A-133, as rev6sed.
�1�11111111li I
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,
In connection with the audit requirements addressed in Part 11, 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,
Additional information regarding the Florida Single Audit Act can be found at:
hnL.Lwww-_rnLf1orid@.com es f1saajitrn
g and e a _ nj LA _j
PART HI: CIT R AUDIT REQUIREMENT'S
None.
PART IV. REPORT SU ISM
ON
I. 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 jjLftq!y to each of the following at the
address indicated:
A, DECI at each of the following addresses:
Electronic copies (preferreft
Page 2 5
on
Paper (hard copy'):
Departiment Eicionornlc OpportUnity
MSC P 130, Caldwell Building
107 (Cast Madision Street
Tallahassee, FIL 32399 -4126
Paper (hard coop` ):
Department Sc arzomic Opportunity
MSC i# 130, Caldwell Buddirig
107 East Madison Street
Tallahassee, FL 32399-4126
The Auditor eriera!I °s Office at the following addiress4
Auditor eneral
Local Government Audits/34
iaujde Pepper Buildlng, Room 40
Page 26
Attachment: 1 BACKUP pt 2 01-03-17 (5 62: WAP Modification #1 01 -03-17)
�1�11111111li I
Ill West Madison Street
Tallahassee, FL 32399-1450
Email Address flan dgen_localgovt@aud -star e.fl.L�S
4a Copies of reports or the managernent letter required by Part Ill of this agreement shall be submitted
by or on behalf of the Subrerciplent directly to:
X DEO at each of the folio in addresses,
N/A
5. Any reports, management letter, or other informabon 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, Subreciplents, when submitting financial reporting packages to CFO for audits done in accordance with
OMB CircuWA133 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the Subrecipient in correspondence accompany ng the reportir�g package,
PART V: RECORD RETENTION
Page 27
FY'2016 W P AGREEMENT
EXHIBIT 1-
FUNDING SOURCES
FEDERAL RESOURCES AWARDED TO SU'RRECIPIEI T PURSUANT TO THIS AGREEMENT T 1SI.ST OF THE
F L OW l :
1
� "_
Federal award project description, as required to be responsive to the 1 Energy savings home irnprovernents to
Federal Funding Accountability and Transparency Act (FFA,T ): 0gible low income households.
Federal Awarding Agency U.S. Department of Health and Human
Services.
Cantact Information for Awarding Official f pass e
Catalog of Federa Dornesti Assistance dumber.
Catalog of Federal Domestic Assistance TRW
Florida Department of Economic Opm
Contact: Paula Lerr ma, 850- 717 -8450
S,5ES
Low Income Home Energy Assistance
Indirect Cost Rate (if not applicable, please write "N/A"):
ZE
1
Total Amount of the Federal Award committed to Subreciplent by the N JA
Federal ward project description, as required to be responsive to the Energy savings home improvements to
Federal Funding Acco untability and Transpaarenc Act ( FF T,) eligible low income hocuseh ds
Federal Awarding Agency: U.S. Departmentof Energy
Page 2E
Attachment: WAP MOD #1 BACKUP pt 2 01-03-17 (5 Modification #1 01 - -1)
1 1 •• .. 1 1 . i i r" .. .'
STATE RESOURCES AWARDED TO SUBRECIPIENT PURSUANT T T THIS AGREEMENT C IST OF THE
FOLD I /A
M RESOURCES FOR FEDERAL PROGRAMS:
MEMMUMMEEM
SUBJECT T E I3 215.97 FLORIDA STATUTES:
State Project; /A
COMPLIANCE REQUIREMENTS APPLICABLE T ATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FCLL /
COTE; Title 2 C,F, , § 200.331 and section 215.97(5), Florida Statutes, require that the nformation about
Federal Programs and State Projects included In Exhibit 1 be provided to ureciplent,
Page 29
COMPLIANCE R DIRE E TS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT T O THIS
AGREEMENT ARE AS F LLCI Se
FY 2016 WA P AGREEMENT
EXHIBIT 2
Audit Compliance Certification
Email a copy of thisform
to audft@deo.rnyf1or1da,corm
I=
Grantee's Fiscal Year:
Contact's Narne. I Contact's Phone
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
�1�11111111II I
FY 2016 WAP AGREEMENT
A17ACHMENT A
SCOPE OF WORK
Subrecipient shall comply with the following requirements, and if applicable, enSLHre 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 Coordinatorwho will be responsible for ensuring that the following activities are adhered
to:
A. Identify and solicit eligible low 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,
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 inforrnation related to this
project, or as may otherwise be spec'fied by DEO
E. Subrecipient shall complete work on all dwellings in accordance with the Field Guides, the WAP
Procedures Mammal, the WAP priority List, any Supporting Weatherization Program Notices,
andany supplemental DEO and DOE guidelines, unless Subrecipient seCUres written permission
frorn 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 1.0 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 Manuel, may subject Subrecipient to written
findings, Subrecipient may be required by DEO to perform re-inspections or "go-backs" on any
Page 31
or performed by Subr or its contiractors which does not rneet quality expectations, in
DE O's soie discretion, and for whic E Ile as issuied a finding, The costs Incurred for any work
performed by Sulbreciptent or sits contractors which does not meet quality expectations, in DE "s
sole discretion, and for which DEO has issued a finding may be disallowed Iby DE Oa
i L SUBRECIPIENT RESPONSIBILITIES
A. File Docuimentation ResponsiblUtles
Each file shall contain the following documentation:
V Copy of client photo ID
Is Copies of any approved waivers
*
"opus of applicable Pre and Final
Permits
* Cheirit FR e Checklist
* RED Calcuiator priintOLAS
0 Refrigerator Metering record
* QCl Inspeictor Sheet
* Infrared pictures
Page 32
''I I W 111
�1�11111111�11 I
be LIHEAP referralls.
E All contractor workshall pass an inspection by qualified Sub reciplent staff or a pp roved third-
party contractor inspector, prior to payment.
7. Contractor work not meeting quality expectations that reqUires correctioF1 shall be done
at the contract es 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 It findings are
those wl-ilch are either severe in nature as determined by the monitoring inspector or repeated.
Minor findings are less severe or not repetitive in nature,
G. Costs incurred for materWs 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
Page 33
1„ If it is technically iniot possiWeto Install the measures.
2. If conditions exist, and cannot be overcome, that would rinake the 'installation of the
measure unsafe.
1 The instaUlatan of the measure woWid threatens the health or safety of either the client or
the worker.
PROJECT SELECTION, EI RGY AIUMTS AND FINAL INSPECTIONS
�1�11111111li I
G. Energy Audit
Prior to performing an energy audit, Subrecip auditor shall conduct a walk-through of the
unit to confirm the potential forthe installation of energy conservation measures, and to ensure
that there are nos ajor barriers to working in the building.
The primary objectives of the energy audit is to survey the ha rne 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:
The energy audit shall also include evaluations of all o the following, per the WAP Procedures
Manual and the W Field Guides.
1. Combustion safety testing.
Page 35
Sou brec'lplent shall be responsible for installing weatherization measures per the WAP Priority Ust,
W Procedures Manual, the Field old and applicable Ilocal, State, and Federal code,
�1�11111111li I
lK REFERRALS
Subrecipient shall partner with -on-profit organizations or municipalities that provide
rehabilitation, emergency home repa administer a Neighborhood Stabilization Program, or are
participating in a Green and Healthy Horne Initiative, to facilitate the receipt of active referrals of
qualified units in order tr achieve goals of serving the low inc me population.
Page 37
FY 2016 WAP AGREEMENT
EX141BI7 VTO ATTACHMENT A
pqd&et Directions
L Project Bud et
shMI perform the Weatherization Services in accoirdance with this Agreement and the
project budget, Budget Summary and County AflocaUon, attached hereto as Exhibit 2 to Attachment A,
Weatherization budget categories are defined as follows:
G. Program Support (PS). All allowable costs incurred for Program Operations that are geinerailly
defined as the direct costs necessary to effect the weathedzation of an eligible idweRing unit (cost
of doiqg business), but not included 'sup the Tnaterizrl or labor costs. All pro rain support charges are
factored as a part of the average cost per unit. For purposes of this Agreement, Program 'Support
W
.1.1 includes "related matters," as that term ls iused in 10 CRR. part 44c]
Attachment: WAP MOD #1 BACKUP lot 2 01-03-17 (2562: WAP Modification #1 01 -03-17)
�1�11111111�11 I
K 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 arid 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.
DE O 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,
11. Cost Limits:
The DOE established, national average expenditure limit per dwelling unit is $7,105. This adjusted
average includes materials, labor, avid 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)
9 of Units weatherized = Total Monthly ACP
Note: The average cost per unit of $7,105 cannot be exceeded at the closeout of the Agreement.
IV. Subrecipient must complete a Monthly Expenditure 'Tracking Sheet (METS) every month ofthis
Agreement, Su recipients must submit a METS covering the first six montlis expenditures by the 21
day of the Ph 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 Su"Doort of program
publication.
VL If additional funding is provided to Subrecipient during this Agreement period, submission to DE O of a
revised Exhibit 2 to Attachment A, Budget Surnmory on County Aflocation, and Exhiblt 3 to
Attachment A, Schedule of Deliverables, is required.
Page 39
FY 2016 WAP AGREEMENT
EXHIBIT 2 TO ATTACHMENT A
WEATHERIZA,TION SERVICE AREA
COUNTY'A,ILLOCATION
County Allocation Amount �f Y fn
- J� - ONROE
Page 40
Attachment: WAR MOD #1 BACKUP pt 2 01-03-17 (2562: WAR Modification #1 01- -1)
�1�11111111pl I
FY 2016 WAP AGREEMENT
EXHIBIT 2 TO ATTACHMENT A
SUBRECIPIENT: COUNTY OF MONROE / MONROE. COUNTY OF j
AGREEMENT #, 16WX-OG-11-S4-01-039 , V.A
0M
Allocation Amount
IMP =7
0M
I'll W 111
�I�IIIIIIIIIII I
2016 WAP 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.
�
Add:
Direct Charges (Audit, l' 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_)
To determine Estimated Production:
S 708107,00
$
Weatherization Amount $___ divided by $7,105 = — Estimated Productical
a) Multiply the Estimated Production times the projected H&S expenditurfAm
7 dwellings X $1352 =$9464LO (Total H&S) I
April —0— May _Q_ June —0— July Q_ August —0— September —1— October
November — 1 December — 1_ January —I— February _1_ March —I—
FY 2016 WAP AGREEMENT
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
Subrecipient shall be governed by applicable laws and rules, including but not Ilmited to:
Page 42
Attachment: WAP MOD #1 BACKUP pt 2 01-03-17 (2562: WAP M.d . 03-1
0
0
approved by DM
CO
Page 43
Subrecipient Appeals Systern
In the event of a complaint/appeal, the complalnt/appeal shall first be heard by the:
,k e,
(Title of Position)
Should the first designated party be unabie to resoive the difficulty, the second complarnt/appeal will be
heard by:
(Title of Posifion�,
C ± 0 _ CC.
Should the secionid level compIaint/appeall be unable to riesolive the difficulty, the final hearing will Ibe held
M
(Committee or FLAN l(B oard).
LIABILITY INSIURANCE. Pursuant tio 2 C.F,R. § 440.18, Slubrecipient acrd SUbrecipierut's contractors are
required to have suff iciient liability Insurance coverage flor pefformin!,g weathierization-funded activities.
In addition, Subrecipleruts must have POHution Occurrence insurance (POI) inether included, added to,
oir a separate geneiral liability insurance policy. Costs may be charged as a separate line Item on thie
Financial Status Report.
R. INFORMAL MODIFICATIlONS: Any changes to this Agreement niust Ibe inwrifing and signed by both parties
as reqUired in Paragraph (8), and noticed as provided in Paragraph (1 6) of the Agreement.
Page 44
2 1 P!, 1 1 111 1 1 1 1 1 3 1 11 IWITEE I 1, I • 'II ''I I W 111 1111 11111111111 1
a il, I � li I � 11 11!111
0
0
--- ---- -- �-- -- -
Page 45 -- -- -- - -
FY 2016 WAP AGREEMENT
ATTACHMENT C
REPORTS
Page 46
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a
RM
Attachment: WAP MOD #1 BACKUP pt 2 01-03-17 (256-3
0
WAP Modification #1 01 -03-17)
.... . .... ........ " I'll'',
FY 2016 WAP T
ATTACHMENT
Indicate by checking one of the items below if you are requesting an advance. Any advance payment
under this Agreement Is subject to section ;F Florida
requested, the below budget on ' 1 based must be /' ' f ` {
ADVANCE A 4 REQUESTED
Check here: — X
Payment will be l +" basis. Additional Y' is required.
60 DAY ADVANCE REQUESTED Check here:
Advance .. requested.
basis. reimbursement Y, to pay staff, award benefits to clients, and purchase }
ies and equipment. Subreciplent would not be ', to operate the program o , t this ad
ADVANC CAL
W) Requested
ADVANCgZgQqEg1ORjj2Rg1H&N&QpM
complete If Subreciplent determines that it requires an advance amount to cover more than 60 days, it must
exceptional circumstances, and ti a line item budget detail of the projected expenditures for
TRACKING CE EXPENDITURES
LUST FICATION STATEMENT
1_
(Please insert or attach a justification statement as required by subparagroph (4) (b) of this Agreement if an
advance payment is requested-]
2�
Attachment: WAP MOD #1 BACKUP pt 2 01-03-17 (2562
0
WAP Modification #1 01- -1)
..............
�1�11111111li I
FY 2016 WAP AGREEWNT
ATr ACS MENT E
PROPERTY MANAGEMENT AND PROCUREMENT
Subrecipient shall comply, at a minimum, with the property management and procurement standards for
property (as defined in 2 ,U, 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
B, Subrecipient must take a physical inventory of the property acquired, in whole or in part, with funds
C wnership of all property acquired, in whole or in part, with funds from this Agreement s vested 'in
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 CAP. 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 condAl'ons 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 e pment 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
& Interest of Certain Federal Officials
No member of or dell ate to the 'COngress IDf 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.
K Interest of Members Officers, or Ern Iola as of Subrechoient Mem1bers of Local Govern
amount. Board members may raceme travel expenses in a cor,dainice with section 112.061, F. S,,
NERMOM
Subrecipient agrees to be bound by the provisions of section 112.3135, F, S., pertaining to nepoflsm In
its performance under this Agreement
NZM
- 1T 1I I ;III
ore I E I
0
0
WAP Modification #1 01- -1)
�1�11111111li I
(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 Agreernent, including those of any contractors.
(5) Subrecipient will comply with all of the provisions and practices outlined in DEd 's most
current monitoring manual.
(6) Subreciplent verifies that its application and ail its attachments, including budget data, are
(7) Subreciplent agrees to cornply with Public Law 1.03 Part C, Environmental Tobacco
(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.
mum
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 DE O's representatives at any meetings of Subrecipient's
Board of Directors, executive committee, or legislative body.
Page 53
FY 2016 WARS AGREEMENT
ATTACHMENT G
WARRANTIES AND REPRESENTATION'S
A. Hnancia�l Manappimipn�
Subrecipient warrants that its financial management 5ystem shall{ provide the foHowft:
(1) Accurate, current, and compNte disclosure of the financial results of this project or
�1�11111111lii I
(4) Solicitations shall clearly set forth all requirements that the bidder, or offeror, rnust fulfill
in order for the bid, or offer, to be evaluated by Subrecipient. Any and all bids or offers may
be rejected when ft is in Subrecipient's interest to do so.
C. Codes of Conduct
Subrecipient warrants the following;
(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 SubrecipienL
Page 55
FY 2016 WAP AGREEMENT
ATTACHMENT H
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBIL,ITY
AND VOLUNTARY EXCLUSION
NOTE; Prior to issuing subawards and contracts under this Agreement, Subreciprent shall ODuSlUlt the System
for Award Management (SAM) to ensure that organizations under funding consideration are not inch e6le,
The list is available on the Web at httos://WWW.SaFil.gov.
A. If Subic ecipient will not issue any sub wards or contracts under this Agreement, Subrecipient shall
mark here that this Attachment H is Not ApplicaWe
B If Subrecipient wifl issue subawards orcontraCtS Under this Agreement, Subrecipient shall
cornplete the following Information for each contractor-
1 The prospective contractor of Subreciptent, certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, ar voluntarfly 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.
11MIGEDIM
(Type Name
By_
zignature
�Nlan & Title
— — ------------------ . .. . .....
Street Addre�s
City, State, Zip
Em
Subrecipient's Name
---------------- . .................. — ..............
DERV Agreement Nurnber
�1�11111111�11 I
FY 2016 WAP AGREEMENT
ATTACHMENT I
Tjmaffiffi�c�kiVic�tims Pr�ote �t f amr�a l SX, 7104
JE&
(taken from 2 C,F.R, § 175A5)
A, Associated with performance under this award; or
B, Imputed to you or the contractor using the standards and due process for irnpuflng the
Page 57
Ore
0
WAP Modification #1 01 -03-17)
............
�1�11111111pi I
FV 2016 WAP AGREEMENT
ATTACH M ENT J
OxIffil
, r o g���, O q 'I Z 11 1 ii 'll Ii, I I,
City KEY WEST Zip Code 33040 _
Telephone-, 305-292-3560 FAX Number;
!I W
— IT
Elm"
SA A
HEATAER CARRUTHERS
(Name)
E-mail address: boccd1s3t&monroeggqqtv�fl.gov
SHERYL GRAHAM
(Name)
E-mail address: graham -sheryl @ monroecounty
IT
MARLENE STECKLEY
(Name)
Rim
MAYOR
(Title)
FAX Number®
(Title)
FAX Number:305-295-4359
M�•
I'll W 111