07/19/2017 AgreementKEVIN MADOK, CPA
MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER
DATE: August 8, 2017
TO: Sheryl Graham, Director
Social Services
ATTN: Lourdes Francis, Administrator
FROM: Pamela G. Hanc ck, . .
SUBJECT: July 19th BOCC Meeting
Enclosed are the following documents:
C13 Amendment #002 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 (ending June 30, 2017) in order to increase the total grant funding by $7,050.00 from
$164,647.80 to $171,697.80. These additional funds are non - recurring. Enclosed are three fully
executed duplicate originals for your handling.
C14 Alzheimer's Disease Initiative Program (ADI) Contract KZ -1797 between the
Alliance for Aging, Inc., and Monroe County Board of County Commissioners/Monroe
County Social Services In -Home Services for the contract year 2017 -2018 (07/01/2017-
06/30/2018) in the amount of $164,647.80. Enclosed are three fully executed duplicate originals
for your handling.
C19 Board granted approval and authorized execution of a Federally Funded
Weatherization Assistance Program (WAP) Subgrant Agreement #17WX- 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 04/01/2017 through 03/31/2018 in the amount of $125,572.00. Enclosed are
five duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure
to return two fully executed duplicate originals to my office once signed by the state.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney w/o document
Fin
File e
[N ORIGINAL
Fully
Executed
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
CFDA Number(s): 81.042, 93.568
Agreement Number: 17WX- OG- 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,
(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, 2017, and will end on March 31, 2018, 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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(4) FUNDING /CONSIDERATION
(a) This is a cost- reimbursement agreement. DEO awards Subrecipient one hundred twenty -five
thousand, five hundred seventy -two dollars and zero cents ($125,572.00), subject to the terms and conditions
of this Agreement, availability of funds and appropriate budget authority; however, Subrecipient may incur costs
and submit for reimbursement in an amount not to exceed forty -one thousand, eight hundred fifty -seven
dollars and zero cents ($41,857.00), until notified in writing by DEO to Subrecipient's contact person identified
in Attachment J, Subrecipient Information. Upon receipt of such notification, Subrecipient may incur costs and
submit for reimbursement up to the amount set forth in the notification, subject to the terms of this Agreement.
These notices may contain more specific instructions regarding the expenditure of funds and additional terms
and conditions tied to the specific award.
(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 for more than 60 days of
funding, 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 Payment. Attachment D must specify the
amount of advance disbursement requested; and if an advance amount for more than 60 days of funding is
requested, Subrecipient must provide an explanation of the necessity for and proposed use of these funds.
(c) Subrecipient 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 which can be found at:
http : / /www.myfloridacfo.com /aadir /reference guide /.
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(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 (1) maintain all funds provided under this Agreement in a separate bank
account or (2) Subrecipient's accounting system shall have sufficient internal controls to separately track the
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.
(j) 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.
(k) If DEO, in its sole discretion, determines that Subrecipient has expended funds under this
Agreement not in accordance with applicable federal or state law, regulations, polices, or guidance, including,
but not limited to, disallowed costs, Subrecipient is liable for and will repay all such funds to DEO. Such
repayment shall be from funds other than those received under this Agreement or other federal awards,
subawards, allotments, or funds (i.e. non - federal funds) and 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.
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(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, 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
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(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.
(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 Suspension,
Ineligibility and Voluntary. Exclusion, to this Agreement.
(8) MODIFICATION OF AGREEMENT
Either Party may request modification of the provisions of'this Agreement. Modifications to this
Agreement are valid only when reduced to writing and duly signed by the Parties, except changes between
budget line items not exceeding 10% of the line item amount reduced by said change, which require DEO's grant
manager's prior written approval, as detailed in Exhibit 2 to Attachment A, Budget Summary and County
Allocations.
(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 - reimbursement basis,
Subrecipient will be subject to the Federal Acquisition Regulations System, particularly 48 C.F.R. § 31.2.
(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
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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:
i. 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.
ii. 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.
iii. 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.
iv. Any additional Federal requirements identified in Attachment A, Scope of Work, of this
Agreement.
(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 DEO, 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 recordkeeping 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. "Reasonable" means normal business
hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(h) If Subrecipient's expenditures of State financial assistance and Federal awards during its
applicable fiscal year(s) require it to conduct an audit in accordance with section 215.97, F.S. and the threshold
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amount identified therein, such audit will comply with all applicable requirements of Exhibit 1 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.
(i) Subrecipient shall include the aforementioned audit and record - keeping requirements in all
subcontracts and assignments.
(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 the Subrecipient complied with the applicable provisions noted in Exhibit 1 to this Agreement.
(k) The reporting packages for required audits must be timely submitted in accordance with the
requirements of Exhibit -1, Audit Requirements, of this Agreement and the applicable laws, rules, and
regulations referenced therein. The requirements of 2 C.F.R. § 200.512, Report Submission, are applicable to
audits of Federal awards conducted in accordance with Subparagraph (9)(h) above.
(1) If an audit, monitoring visit, or other documentation or verifiable information shows that all or
any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement or
applicable regulations, Subrecipient shall be held liable for reimbursement to DEO. Such reimbursement shall
be sent to DEO, by Subrecipient, 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.mvflorida.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 Subrecipient's 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 (1) 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
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time at a cost that does not exceed the cost provided by chapter 119, F.S., 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), F.S. For records made or received by Subrecipient in conjunction
with this Agreement, Subrecipient shall respond to requests to inspect or copy such records in accordance with
chapter 119, F.S. 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, F.S., 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.
(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 DEC, 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 Subrecipient- 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 DEO'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
Subrecipient- 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 DEO's request for records, DEO shall enforce the provisions set forth in this
Agreement. A Subrecipient - contractor 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 DEC, 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.
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(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 Subrecipient 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 @deo.myflorida.com, 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. DEO, in its sole discretion, has the right, but not the
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
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(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:
i. 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
ii. 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 hired by the contractor during the term of the contract.
(b) If Subrecipient does not have an E- 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), F.S.,
Subrecipient 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 real 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
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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.
(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 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;
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(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,
2. Issue a written warning to advise that more serious measures maybe 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 DEO'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
Page 12
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 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:
Jamela Reeves, Grant Manager
Department of Economic Opportunity
Division of Community Development
Bureau of Economic Self- Sufficiency
107 East Madison Street, MSC 400
Tallahassee, Florida 32399 -4120
Email: jamela.reeves @deo.myflorida.com
Phone: 850 - 717 -8462
(c) The name and address of Subrecipient's Representative responsible for the administration of
this Agreement is stated in Attachment J, 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
(a) 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 Economic Self- Sufficiency
Page 13
107 East Madison Street, MSC 400
Tallahassee, Florida 32399 -4120
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 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 timeframe.
(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.
(b) 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 DEC, 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 Attachments A, C, E, F, G, and
H, Exhibits 1 and 2, and Paragraphs (4), (5), (6), (7), (9), (10), (12), (13), (14), (17), (20), (24), (25), and this
Paragraph (18), 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 se g.), 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. DEO shall be the final authority as to the availability of funds
for this Agreement and as to what constitutes an "annual appropriation" of funds to complete this Agreement.
If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a
default on DEO or the State.
(g) Subrecipient shall submit all bills forfees 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, 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. All of these
meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public
records, available to the public in accordance with chapter 119, F.S.
(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.
(1) 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
Page 15
any kind. Upon request of DEO's Inspector General, or other 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. Unless extended in writing by DEO, Subrecipient
shall retain such records for the longer of: (1) five years after the final closeout of the grant(s) funding this
Agreement or (2) the period required by the General Records Schedules maintained by the Florida Department
of State. Additionally, 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.
(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 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), F.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), F.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
Page 16
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.
(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 [Subrecipient's name] 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 shall disclose the
name of any officer, director, employee, or other agent who is also an employee of the State. Subrecipient shall
also disclose the name of any State employee who owns, directly or indirectly, more than a five percent interest
in Subrecipient 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 (18)(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 and zero cents ($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., DEC) 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, 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
Page 17
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 governmental entity for three 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
e. 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.fl.us /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
Page 18
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
(c) 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. § 1352, and require all contractors
of subawards (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 (19)(b) above and the content of Subparagraph (19)(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 (19)(b) or
fails to file or amend the declaration required by Subparagraph (19)(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 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 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 30 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 the 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 Subrecipient
(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 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
http: / /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 2017 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 Summary and County Allocations
Attachment B — Program Statutes and Regulations
Attachment C— Reports
Attachment D —Justification of Advance Payment
Attachment E — Property Management and Procurement
Attachment F — Statement of Assurances
Attachment G —Warranties and Representations
Attachment H — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion
Attachment I — Trafficking Victims Protection Act of 2000
Attachment J — Subrecipient Information
(27) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties.
Remainder of this page intentionally left blank.
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
Monroe Count
(Type Leg ame of Subrecipient)
By:
Mayor George R. Neugen
(Type Name and Title Here)
Date: July 19, 2017
59- 6000749
Federal Identification Number
073876757
DUNS Number
17 W X -OG - 11 -54 -01 -039
Agreement Number
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STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
Date:
Approved as to form and legal
sufficiency, subject only to full and
proper execution by the Parties.
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Page 23
Division of Community Development
EXHIBIT 1
AUDIT REQUIREMENTS
The administration of resources awarded by DEO to Subrecipient (hereinafter on this Exhibit 1 referred to as
"Recipient ") 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, F.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, Recipient agrees to comply and cooperate with any monitoring procedures /processes
deemed appropriate by DEO. In the event DEO determines that a limited scope audit of Recipient is appropriate,
Recipient agrees to comply with any additional instructions provided by DEO staff to Recipient regarding such
audit. Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if 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 Recipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003) or
more in Federal awards in its fiscal year, Recipient must have a single or program- specific audit conducted
in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 -Ato this agreement indicates
Federal resources awarded through DEO by this agreement. In determining the Federal awards expended
in its fiscal year, Recipient shall consider all sources of Federal awards, including Federal resources received
from DEO. The determination of amounts of Federal awards expended should be in accordance with the
guidelines established by OMB Circular A -133, as revised. An audit of Recipient conducted by the Auditor
General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of
this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, Recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
Page 24
3. If Recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in
Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-
133, as revised, is not required. In the event that Recipient expends less than $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 Recipient resources
obtained from other than Federal entities).
4. Title 2 C.F.R. part 200 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 for Federal awards or increments of awards issued on or after
December 26, 2014. Please refer to 2 C.F.R. part 200 for revised definitions, reporting requirements and
auditing thresholds referenced in this Attachment and Agreement accordingly.
PART 11: STATE FUNDED
This part is applicable if Recipient is a non -state entity as defined by Section 215.97(2), F.S.
1. In the event that Recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient (for fiscal years ending September 30, 2004 or thereafter),
Recipient must have a State single or project- specific audit for such fiscal year in accordance with Section
215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General.
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, Recipient shall consider all sources
of state financial assistance, including state financial assistance received from DEO, other state agencies,
and other non -state entities. State financial assistance does not include Federal direct or pass- through
awards and resources received by a non -state entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, Recipient shall ensure that the
audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial
reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General.
3. If Recipient expends less than $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,
F.S., is not required. In the event that Recipient expends less than $500,000 in state financial assistance in
Page 25
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 Recipient'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 /flsaa.htm
PART III: OTHER AUDIT REQUIREMENTS
N/A
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by Part I of this Exhibit shall be submitted, when required by Section .320 (d), OMB Circular A -133,
as revised, by or on behalf of Recipient directly to each of the following at the address indicated:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit @deo.myflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 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 10t Street
Jeffersonville, IN 47132
Page 26
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, Recipient shall submit a copy of the reporting
package described in Section .320(c), OMB Circular A -133, as revised and any management letter issued by
the auditor, to DEO at each of the following addresses:
Electronic copies (preferred): Audit @deo.myflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399 -4126
3. Copies of financial reporting packages required by PART II of this Exhibit shall be submitted by or on
behalf of Recipient directly to each of the following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit @deo.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 27
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 Exhibit shall be submitted by or on
behalf of Recipient directly to:
A. DEO at each of the following addresses:
N/A
5. Any reports, management letter, or other information required to be submitted to DEO pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular 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. Recipients, when submitting financial reporting packages to DEO for audits done in accordance with OMB
Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (non - profit and for - profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to Recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
1. Recipient shall retain sufficient records demonstrating its compliance with the terms of this Exhibit for a
period of five (5) years from the date the audit report is issued, or five (5) state fiscal years after all reporting
requirements are satisfied and final payments have been received, whichever period is longer, and shall
allow DEO, or its designee, CFO, or Auditor General access to such records upon request. Recipient 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.
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EXHIBIT 1 -A
FUNDING SOURCES
FEDERAL RESOURCES AWARDED AND RELEASED TO RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
Recipient's DUNS Registered Name:
County of Monroe
Recipient's DUNS Number:
073876757
Federal Award Identification Number:
G- 1701FLLIEA; subsequent releases -TBD
Federal Award Date:
October 25, 2016; subsequent releases -TBD
Subaward Period of Performance Start and End Date:
April 1, 2017 through March 31, 2018
Federal award project description, as required to be responsive to the
Federal Funding Accountability and Transparency Act (FFATA):
Energy savings home improvements to
eligible low income households.
Federal Awarding Agency:
U.S. Department of Health and Human
Services
Pass - Through Entity:
Florida Department of Economic Opportunity
Contact Information for Awarding Official of pass- through entity:
Contact: Debbie Smiley, 850 - 717 -8433
Catalog of Federal Domestic Assistance Number:
93.568
Catalog of Federal Domestic Assistance Title:
Low Income Home Energy Assistance
Program
Research and Development:
No
Indirect Cost Rate (if not applicable, please write "N /A "):
N/A
Catalog of Federal Domestic Assistance Number:
81.042
Catalog of Federal Domestic Assistance Title:
Weatherization Assistance Program
Research and Development:
No
Indirect Cost Rate(if not applicable, please write "N /A "):
N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Federal Program:
Recipient 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 FFY 2017 WAP State
Plan.
Recipient 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 — Weatherization Assistance Program for Low - Income
Persons.
STATE RESOURCES AWARDED TO RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
N/A
Page 29
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
AREAS FOLLOWS: N/A
NOTE: Title 2 C.F.R. § 200.331 and section 215.97(5), Florida Statutes, require that the information about Federal
Programs and State Projects included in Exhibit 1 be provided to Recipient.
Remainder of this page intentionally left blank.
Page 30
PY141RIT 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.myflorida.com.
Subrecipient:
Subrecipient's Fiscal
FEIN:
Year:
Contact's Name:
Contact's Phone:
Contact's Email:
1. Did Subrecipient 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)? ❑ Yes ❑ No
If the above answer is yes, answer the following before proceeding to item 2.
Did Subrecipient 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 ❑ 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? ❑ Yes ❑ 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, l 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 31
ATTACHMENT A
SCOPE OF WORK
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.
Subrecipient shall provide weatherization services at an annual average expenditure limit of $7,212
per unit for labor, weatherization materials and related matters. This per dwelling amount does not
include the Health and Safety annual average expenditure limit of $2,164 per dwelling that may also
be expended. DEO will audit the rates prior to closeout to ensure the Grantee does not exceed the
annual average expenditure limit.
C. Subrecipient shall weatherize dwellings in such a manner that will provide continuous service from
the commencement date to the termination 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. All funds must be spent timely, in proportion to the progression of
months throughout the term of this Agreement (i.e. proper expenditure rate) according to the
Budget Summary in Exhibit 2 to Attachment A, Budget Summary and County Allocation, of this
Agreement. If, in DEO's sole determination, funds are not being spent at a proper expenditure rate,
or a county is being underserved according to Exhibit 2 to Attachment A, Budget Summary and
County Allocation, of this Agreement, DEO has the right, but not the obligation, upon 30 calendar
days written notice to Subrecipient, to reduce Subrecipeint's subaward and reallocate any or all of
the subawarded funds to one or more alternative weatherization providers. DEO's exercise of this
remedy will not limit any of DEO's other available remedies as detailed in Paragraph (14), Remedies,
of this Agreement, or at law or in equity.
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.
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, and any
supplemental DEO and DOE guidelines, unless Subrecipient secures written permission from DEO
otherwise.
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.
Page 32
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 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 may be disallowed by DEO.
II. 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
signed Landlord Agreement Form
• Building Work Report
• Copy of bid package(s), invoices,
receipts, payment vouchers
• Pre 1978 dwellings — Certified
Renovator Documentation or
Clearance Testing
• Social Security Documentation (if
applicable)
• Copy of client photo ID
• Copy of client utility bill
• Client Selection (Priority) Criteria
Form
• Copy of Complaint Appeal
Procedures Form signed and
dated by client
• Inspection /Audit Data and Results
• Pre -Work Order Agreement
• Copies of any approved waivers
• Copies of applicable Pre and Final
Permits
• Client File Checklist
• RED Calculator printouts
• Refrigerator Metering record
• QCI Inspector Sheet
• Infrared 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 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
Page 33
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" point 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%
of the clients receiving weatherization services through the WAP are to 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.
1. 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.
2. Work not meeting quality expectations may be subject to findings, required remedial work
and /or disallowed costs.
3. All contractor work shall pass an inspection by qualified Subrecipient staff or approved third -
party contractor inspector prior to payment.
4. 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, WAP Procedures Manual, or the Field
Guides.
Page 34
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
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 the 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 and shall be 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.
Page 35
III. 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 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.
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 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.
Page 36
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.
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.
5. 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 been 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.
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.
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.
Page 37
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.
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. 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 Deliverable has been successfully completed.
Deliverable 1
Minimum Level Performance
Certification that Subrecipient operated during
At a minimum, Subrecipient shall have its office
its regular business hours as identified in
open for business, with the entrance door open
Attachment G, Warranties and Representations,
to the public, and at least one employee on -site
to include expenses for Administration
Monday through Friday from 8:00 a.m. to 5:00
[Administration costs not to exceed $6,278.60
p.m.
(5% of total award amount)], Program Support,
Technical and Training Assistance, Single Audit,
and Liability Insurance.
Deliverable 2
Minimum Level Performance
Complete weatherization of dwellings with
At a minimum, Subrecipient shall complete one
energy saving repairs and installation of energy
(1) weatherized dwelling supported by a Building
saving measures to qualified low- income persons
Work Report (BWR) as identified in Attachment
and to administer the program.
C, Reports.
a) The Deliverables shall be reported monthly on Subrecipient's Monthly Financial Status Report as
described in Attachment C, Reports.
b) Successful completion of the Deliverables shall be determined by receipt by DEO of Subrecipient's
Monthly Financial Status Report containing the certification required in Attachment G, Warranties
and Representations.
Page 38
VIII. 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 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 G, 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 its sole discretion waives such failure in writing based upon its
determination that the failure was due to factors beyond the control of Subrecipient.
D. Any amounts due under this Financial Consequence section shall be paid by Subrecipient out of non -
Federal funds.
IX. EQUIPMENT INVENTORY
Subrecipient shall submit quarterly a written inventory of all equipment acquired in whole or in part
with weatherization funds to DEO's Grant Manager for this Agreement. 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 (1) year and a per -unit acquisition cost which equals or exceeds
$500.
X. 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.
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Page 39
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, 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.
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 (Admin): 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, Subrecipient 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.
Page 40
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 45% of the per unit average.
Subrecipient may exceed the 45% expenditure limit up to $5,000 per unit, only with prior, written
approval by DEC.
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 $7,212. 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 annual adjusted average cost per unit of $7,212 cannot be exceeded at the closeout of the
Agreement.
III. 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 a 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 and submit a Monthly Expenditure Tracking Sheet (METS) by the 21St day of
every month during the period 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 Allocations, is required.
Page 41
EXHIBIT 2 TO ATTACHMENT A
BUDGET SUMMARY AND COUNTY ALLOCATIONS
SUBRECIPIENT: COUNTY OF MONROE
AGREEMENT #: 17WX- OG- 11-54 -01 -039
Prior written approval from DEO's Grant Manager is required for any change between the above line item
amounts not exceeding 10% of the line item amount reduced by said change. Any change in the overall award
amount ( "TOTALS" above) or a change exceeding 10% between the above line item amounts requires a formal
written modification to this Agreement, as described in Paragraph (8), MODIFICATION OF AGREEMENT.
Regardless, DEO will not reimburse costs of more than the total subaward amount of this Agreement, and in no
event shall Subrecipient's total Administrative Expenses exceed 5% of the total subaward to Subrecipient.
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 in writing by DEO prior to
expenditure. This request must specifically justify the lack of need of program services in that county.
Monroe 1 $ 86,543.00 1 12
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Page 42
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
Act of 1981); Title II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96 -619);
Title V, Subtitle E, of the Energy Security Act of 1981 (Pub. L. 96- 294); and chapter 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.mvfloridaacfo.com /aadir /statewide financial reporting /financing.htm
All Federal statutes relating to nondiscrimination including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352) which prohibits discrimination on the basis of
race, color or national origin;
2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683, and 1685 - 1686),
which prohibits discrimination on the basis of sex;
3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits
discrimination on the basis of handicaps;
4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits
discrimination on the basis of age;
5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92- 255), as amended, relating to
nondiscrimination on the basis of drug abuse;
6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (Pub. L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
7. Subsections 523 and 527 of the Public Health Service Act of 1913 (42 U.S.C. 290 dd -3 and 290 ee -3),
as amended, relating to confidentiality of alcohol and drug abuse patient records;
8. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing of housing; and
9. The requirements of any other nondiscrimination statute(s) which may apply to the Weatherization
Assistance Program.
10. The Americans with Disabilities Act of 1990, Public Law 101 -336 (42 U.S.C. Sections 13101 through
13213).
C. Executive Order 11346, entitled "Equal Employment Opportunity ", as amended by Executive Order
11375, and as supplemented in Department of Labor Regulations (41 C.F.R. part 60).
D. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42
U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1351 et seq.).
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. Subrecipient will assist in assuring compliance with Section 106 of the National Historic Preservation Act
of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.)
G. 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 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
Page 43
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 DEC'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.
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;
Page 44
3. posted in the client intake area of Subrecipient's agency; and
4. provided to those applying for weatherization services.
Sa(npie format: Subrecipient Appeals System
In the event of a complaint /appeal, the complaint /appeal shall first be heard by the:
. �� �/► j ,��j� S?.rv1 (Title of Position)
Should the first designated party be unable to resolve the difficulty, the second complaint /appeal will be
heard by: C n
• 1 QP Cp r . S06 � Spr V1 CIP S (Title of Position).
Should the second level complaint /appeal be unable to resolve the difficulty, the final hearing will be held by:
(Committee or Full Board).
P. LIABILITY INSURANCE Pursuant to 2 C.F.R. § 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 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 Subrecipient's Agreement Manager to the email address stated in Attachment J, Subrecipient
Information, of this Agreement. Subrecipient agrees to be bound by all currently effective State
Weatherization Program Notices previously issued by DEO.
Q. 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.
Page 45
R. 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
Subrecipient's premises.
2. If the U.S. Department of Health and Human Services or DOE 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.
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Page 46
ATTACHMENT C
REPORTS
A. Annual reports
(1) Close -out Report The WAP Close -Out Report is due 30 calendar days after termination of the
Agreement or 30 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 FSR 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;
d. An attestation, signed by an authorized signatory, that Subrecipient was open and operating
during its reported business hours; and
e. An attestation, signed by an authorized signatory, that payment claimed were for actual costs
expended by the Subrecipient and its subcontractors, and properly applied to services provided
under this agreement.
(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 (QCI) 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:
A monthly METS is due to DEO by the 21S day of every month of this Agreement. If the twenty -first day
of the month falls on a weekend day or holiday, the report shall be due no later than the next business
day. Subrecipient will submit:
Page 47
(1) A completed METS to include all Program Support and Admin line item actual costs incurred by
Subrecipient during the previous month and submitted for reimbursement as part of the monthly
FSR.
(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 DEC's 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. Based on the
information contained in the reports, DEO may, in its sole discretion, schedule an on -site monitoring
review.
D. Cost Limits for Materials /Labor /Program Support, and Admin
(1) 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.
(2) 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:
Subrecipient shall submit a Close -out METS with the last FSR expending the remaining balance of
funding in the Agreement 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 ACPU 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, 2017, 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; and 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 (6)
month period. Utility rebate funds and donation of materials or volunteer labor should also be
included in this report.
G. Monitoring:
At a minimum, DEO will conduct one (1) on -site monitoring visit to Subrecipient during the Agreement
Page 48
period. This monitoring visit will address Subrecipient's fiscal and programmatic administration of the
WAP. In addition, a minimum of five percent (5 %) of the total number of dwellings projected to be
weatherized during the Agreement period will be inspected. An additional five percent (5 %) of dwellings
will be inspected if Subrecipient has implemented the Level #2, 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.
I. 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 DEO'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 (16)
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 49
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
lies 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 $7,212
$
C.
Direct Charge Line Items for first 60 days:
$
D.
Subtotal of Lines B & C:
$
E.
Administrative expenses for first 60 days:
(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, Subrecipient must,
in addition to completing 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 50
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 for more than 60 days of funding is requested.]
N/A
Page 51
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 list 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, IX. 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.
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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 to
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.
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(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.
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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.
(3) 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.
(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:
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(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) Monday through Friday, and from (times) 8:00 am
to 5:00 pm
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.
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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: / /www.sam.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:
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
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ATTACHMENT I
Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g))
(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 --
i. 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
(Non procurement)," 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.1. 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 a.1. 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 or b of this section:
i. Implements section 106(8) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this
subaward.
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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
project or 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 ":
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity,
as those terms are defined in 2 C.F.R. § 175.25.
ii. Includes:
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).
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ATTACHMENT J
SUBRECIPIENT INFORMATION
Please complete all information applicable to your organization.
1. Subrecipient's full legal name: COUNTY OF MONROE / MONROE, COUNTY OF
2. Subrecipient's mailing address (warrant will be mailed to this address):
50 WHITEHEAD STREET
City: KEY WEST Zip Code: 33040
Telephone: 305 - 292 -3560 Fax Number:
3. Street Address (if different from above):
City: Zip Code:
4. Chief Elected Official:
Name: GEORGE NEUGENT Title: COUNTY MAYOR
Address: 25 SHIPS WAY City: BIG PINE KEY, , FL Zip Code: 33043
Telephone: 305 - 872 -1678 Fax:
5. Executive Director:
Name: SHERYL GRAHAM Title: EXECUTIVE DIRECTOR
Address: 25 SHIPS WAY City: BIG PINE KEY , FL Zip Code: 33043
Telephone: 305 - 872 -1678 Fax: 305 - 295 -4359
6. WAP Project Coordinator:
Name: MARLENE STECKLEY Title: WAP COORDINATOR
Address: 1100 SIMONTON STREET, SUITE 2 -257 City: KEY WEST , FL Zip Code: 33040
Telephone: 305 - 292 -4588 Fax: 305 - 292 -4479
7. Finance Director:
Name: KIM WILKES WEAN Title: FINANCE DIRECTOR
Address: 1100 SIMONTON STREET, SUITE 1 -190 City: KEY WEST FL Zip Code: 33040
Telephone: 305- 292 -4588 Fax: 305 -292 -4479
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