Item C26County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
September 19, 2018
Agenda Item Number: C26
Agenda Item Summary #4678
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510
N/A
AGENDA ITEM WORDING: Ratification of Modification 41 to Federally Funded Subgrant
Weatherization Assistance Program (WAP) Agreement 17WX-OG-11-54-01-039 between the State
of Florida, Department of Economic Opportunity (DEO) and Monroe County Board of County
Commissioners/Monroe County Social Services extending the contract period to 04/01/2017 through
09/30/2020 and increasing funding by $29,470.91, bringing the total WAP allocation to
$155,042.91.
ITEM BACKGROUND: Weatherization Assistance Program (WAP) funds are to be utilized to
perform energy -saving repairs, and for the installation of energy -saving measures on income -
qualified residents who live in single family dwellings. These funds will be expended in accordance
with the WAP State Plan and the Local Housing Assistance Plan (LHAP). This is a cost
reimbursement contract. These funds will be leveraged against State Housing Initiative Partnership
(SHIP) funds to ensure the maximum usage of dollars are applied to the most qualified residents
countywide.
PREVIOUS RELEVANT BOCC ACTION: Approval on 07/19/2017 of Federally Funded
Subgrant Weatherization Assistance Program (WAP) Agreement 17WX-OG-11-54-01-039 for the
period of 04/01/2017 through 03/31/2018 in the amount of $125,572.00.
CONTRACT/AGREEMENT CHANGES:
funding increase and extension of contract
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
BACKUP- fully exeuted WAP agreement
Monroe_WAP_MOD 1
FINANCIAL IMPACT:
Effective Date: 04/01/2017
Expiration Date: 09/30/2020
Total Dollar Value of Contract: $155,042.91
Total Cost to County: 10% cash match
Current Year Portion:
Budgeted:
Source of Funds: Grant
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: 10% cash match
Insurance Required: Yes
Additional Details:
09/19/18 NEW COST CENTER ADDED
125-6155717
$29,470.91
REVIEWED BY:
Sheryl Graham
Completed
08/31/2018 1:15 PM
Pedro Mercado
Completed
08/31/2018 2:57 PM
Budget and Finance
Completed
09/04/2018 1:57 PM
Maria Slavik
Completed
09/04/2018 2:04 PM
Kathy Peters
Completed
09/04/2018 4:21 PM
Board of County Commissioners
Pending
09/19/2018 9:00 AM
W RI G NI.Q.
STATE OF FLORIDA
FEDERALLY FUNDED SUBGRANT AGREEMENT
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the Federal level, and distributes WAP grant funds to states. The State of Florida's Department of EconomR9
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Human Services (HHS) for the State of Florida Low-income Horne Energy Assistance Program (LIHEAP), whi
are administered in conjunction and blended with WAP funds. i
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Subrecipient shall perform the work in accordance with Attachment A, Scope of Work, to this
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(4) FUN DINGICONSIDERATION
(a) This is a cost -reimbursement agreement. DEO awards Su recipient 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 budgeta thority; however, Su recipient 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, ,Su brecipient 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 oft ese 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 Subreciplent has not expended an amount at
least equal tot a 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-reirnbursement 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) oft is 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:LLwwwf.mvfl ridacfo.comlaadirZrefe
(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 Subreciplent or
its contractors are entitled under the terms and conditions oft is Agreement.
(i) Subrecipient all (1) maintain all funds provided under this Agreement in a separate an
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.
Cl) 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,
sun wards, 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.
(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) insddition 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 Subreciplent 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 necessarV 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 all
use materials is 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 Subrecipienes staff, or an appropriately
licensed third party building inspector engaged by Subreciplent, inspect all work performed pursuant tothis
Agreement.
3. Subrecipient shall require a provision in all contracts ands contracts 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 oft is 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, oft is 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, tothe
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, Subrecipients hall 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,
Subreciplent all 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 it 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- re im bursa ent basis,
Su recipient 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 for of the
record (e.g., paper, film, recording, electronic), including, but not limited to, financial records, supporting
documents, statistical records, and any other documents (hereinafter referred to as "Records") for a period of
five State fiscal years after all reporting requirements are satisfied and final payments have been received, or if
an audit has been initiated and audit findings have not been resolved at the end of this five-year period, the
Records must be retained until resolution of the audit findings through litigation or otherwise. Su recipient shall
cooperate with DEO to facilitate the duplication and transfer of such Records upon request of DEO. The five-
year period may also bee en e forte 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) Subreciplent 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) Su recipient 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 oft e 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
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.
(1) 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 tothe auditor. For the IPA's audit to be sufficient, it
must state that the Subrecipient complied with the applicable provisions noted in Exhibit 1 tothis 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 afthis 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, an an annual basis,
Subrecipient shall electronically submit a completed Audit Compliance Certification, attached hereto as Exhibit
2, to audit@deo-myflorida.com. Subrecipient's timely submittal of one completed Audit Compliance
Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts,
grants, memorandums of understanding, memoranda of agreement, economic incentive award agreements,
and the like) between DEO and Subrecipient.
(10) INFORMATION RELEASE AND PUBLIC RECORDS REQUI EMENTS
(a) In addition to Su recipient'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 bysendingan e-mail to PRRequest@deo.myflorida.com within one (1) business day from recelptof such
request.
(b) Subrecipient shall keep and maintain public records required by DEO to perform Subrecipient's
responsibilities hereunder. Subrecipient shall, upon request from DEO's custodian of public records, provide
DEO with a copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided by chapter 119, 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
Su recipient in conjunction with this Agreement, unless the records are exempt from section 24(a) of Article I
of the State Constitution and section 119.07(1), F.S. For records made or received by Subrecipient in conjunction
with this Agreement, Subrecipients hall 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 Su recipient 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(l)(a), F.S. ("Subrecipient-contractoi"), Subrecipient-contractor shall transfer to DEO, at no cost
DEO, all public records upon completion including termination, of this Agreement, or keep and maintain pubi
records required by DEO to perform the service. If Su breci pie nt-contractor transfers all public records to t
keeps and maintains public records upon completion of the contract, Subrec i pient-co n tractor shall meet
applicable requirements for retaining public records. All records stored electronically must be provided to DE
upon request from DEO's custodian of public records, in a format that is compatible with the informati
technology systems of DEO.
(e) If DEO does not possess a record requested through a public records request, DEO shall noti
Subreciplent-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 Su recipient -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 Su recipient's possession related to this Agreement is subpoenaed or
improperly used, copied, or removed (except in the ordinary course of business) by anyone except an authorized
representative of DEO. Subrecipient shall cooperate with DEO, in taking all steps as DEO deems advisable, to
prevent misuse, regain possession, or otherwise protect the State's rights and the data subject's privacy.
(g) Subrecipient acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating tc
public records and that reports, invoices, and other documents Subrecipient submits to DEO under this
A-
DEO's efforts to comply with the requirements of chapter
(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
Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from t
requirements of chapter 119, F.S., prior to submittal of the record to DEO serves as Subrecipient's waiver o
claim of exemption. Subrecipient shall ensure that public records that are exempt or confidential and exem 11
from public records disclosure requirements are not disclosed except as authorized by law for the duration
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to DEO upon completion, including termination, of the Agreement.
(i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THI
U2211i
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMEN
CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via
mail at PRRequest@deo.myflorida com or by mail at Department of Econorn
Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Buildin
Tallahassee, Florida 32399-4128.
0) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its ageni
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 Su recipient, 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) DES does not endorse any Subrecipient, commodity, or service. No public disclosure or news
release pertaining to this Agreement shall be made without the prior written approval of DEO. Subrecipient is
prohibited from using Agreement information or DEO customers in sales brochures or other promotions,
including press releases, unless prior written approval is obtained from DEO.
(11) EMPLOYMENT ELIGIBLITY VERIFICATION
(a) Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO's
subgrant agreements in excess of nominal value, if applicable, to expressly require Subrecipient to-
L Utilize the U.S. Department of Homeland Security's E-Verify system to verity the employment
eligibility of all new employees hired by Subreciplent during this Agreement term; and
ii. Include in all contracts under this Agreement, the requirement that contractors performing
work or providing services pursuant tothis Agreement utilize the E-Teri fy system to verify teemployment
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.,
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rom sul s, a ions, amages, and cos s o every name an Inc ul-Ang a orneys ees, ansi
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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
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, 40
shall be liable for any damages proximately caused by its acts or omissions to the extent set forth in section
7r*8,18
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
ileexxei r, :Ir M it ,e c-vic.04,ere",r -,t-erx0ttc,,;,*.#j We -art agertt, servawit,joOlt
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
. , . I
reempioyment assisi iftene I ) MUM an emX a. -,)I
during the Agreement, shall comply with the reporting and Reemployment Assistance contribution payme
requirements of chapter 443, F.S.
(13) DEFAU
If any of the following events occur ("Events of Default"), DEO shall vet 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 Subrecipdent in this Agreement, or any previous
agreement with DEO is, or becomes, false or misleading in any respect, or if Su recipient fails to keep or perform
any of the obligations, terms, or covenants in this Agreement or any previous agreement with DEO and has not
cured them timely, according to the terms of this Agreement, and in DEO's of 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, ree ent, 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 iubrecipient has not cured the default within 30 calendar days of
receipt of written notice of an Event of Default;
(b) Begin an appropriate legal or equitable action to enforce performance aft is 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:
L 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 may be taken if the situation
is not corrected,
3. Advise Su recipient 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 oft e 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 DIED 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, oft is Agreement or Su recipient's
failure to cure an Event of Default within 30 calendar days from receipt of notice. The Subreciplent 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
Su recipient 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, DIED 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, Subreciplent shall immediately stop incurring new
obligations upon receipt of the notice. If DEO determines that Subrecipient has cured the Event of Defaultwithin
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 Subreciplent's breach, such terminations all not relieve Subrecipient of liability
under this Agreement. DEO may, tothe 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 oft is Agreement by DEO immediately releases DEO from any further performance
obligations set forth rein®
(16) NOTICE AND CONTACT
(a) All notices provided by Su recipient 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 Agreementis.
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 fort administration of
this Agreement is stated in Attachment J, Subrecipient Information, aft is Agreement.
(d) If a different representative or address is designated by either Party after execution ofthis
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 tote order of "Department of Economic Opportunity" and mailed directly to
DEO at the following address:
Division of Community Developmem7-
itureau of Economic Self -Sufficiency—
4IMM
Tallahassee, Florida 32399-4120
I n accordance with section 215.34(2), F.S., if a check, or other draft, is returned to DEO for collection,
Sty recipient shall pay to DEO a service fee of fifteen dollars and zero cents ($15.00) or 5% oft a 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 Su recipient under this Agreement or any other Agreement between Subreciplent 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 Subreciplent 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 timera me.
(18) MANDATED CONDITIONS AND OTHER LAWS
(a) The validity of this Agreement is subject to the truth and accuracy of all information,
representations, and materials provided by Subrecipient in entering into this Agreement, in response to any
DEO request, or to fulfill the requirements of this Agreement. If Subrecipient provides any materially inaccurate
information to DEO, then DEO may terminate this Agreement pursuant to Paragraph (15), Termination, above.
(b) This Agreement is executed and entered into in the State of Florida, ands all be construed,
performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of
Florida. Each Party shall perform its obligations herein in accordance with the terms and conditions of this
Agreement. Without limiting the provisions of Paragraph (13), Default, the exclusive venue of any legal or
equitable action that arises out of or relates to this Agreement shall be the appropriate State court in Leon
County, Florida; in any such action, the Parties waive any right to jury trial. Unless authorized by law and agreed
to in writing by DEO, DEO shall not be liable to pay attorney fees, interest, expenses or cost of collection in
conjunction with this Agreement.
(c) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall
survive the termination, including expiration, of this Agreement. The provisions of 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, ofthis Agreement; provided, however, that the
record -keeping and audit -related obligations set forth in Paragraph (10J Audits and Records, oft is 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.
(e) Subrecipient shall comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C.
§ 12101, ), and the Florida Civil Rights and Fair Housing Acts (sections 760.01 — 76037, 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.
I f 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 for fees or other compensation for services or expenses in detail
sufficient for a proper pre -audit and post -audit thereof.
(h) Subrecipient shall submit any bills for travel expenses in accordance with section 112.061, F.S.
(i) Subrecipient must place advances of funds under this Agreement, if any, in an interest -bearing
account and shall remit all interest income to DEO in accordance with Paragraph (17), Repayments, of this
Agreement.
0) 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, recei
taAmw.ei d,:;7 V*-_s, # Awkow-wo W�11, 7MM k U)AeV �;" OtIa V. Nc tof Le AV.-ie i n gs *f a ny 4::-U.
making recommendations to the governing board regarding matters pursuant to this Agreement. All of the
meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be pub
records, available to the public in accordance with chapter 119, F.S.
(k) Subrecipient warrants that all unmanufactured and manufactured articles, materials, a
- ;Fmdwz&;,
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
Doi NI X`
anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, oth
x rci of discr ti n F A known IPP;; I crivp nr;;crree to, ivp to an one—ainv
M"M 1110
ITaw
any type ot information tne inspector Generai a
but io not limited to- Subrecii-cient's business or financial records, documents or files
& t t
1;UNAH J! T W "'i", MIMI IRA
11111111111111 fild acti-A-l'" a"o-M5011074,111 UY-Wr=64". ln-UMIW7�0. to, .1
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 is results in the
termination, suspension, or debarment of recipient. Such costs shall include, but shall not be limited to:
salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary
fees. Su recipient 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
that it is aware of the provisions of section 287.133(2)(a), F.S., and that at no time has Subrecipient be
Att
otherwise linking Subrecipient's name and either a description of this Agreement or the name of DEO or ti
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 [Subreciplent'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. Say brecipient 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 Su recipient or its affiliates.
2. Convicted Vendors- Su recipient is subject to section 287.133, F.S., and shall disclose to DEO
if Su recipient or any of its affiliates, as defined by section 287.133(l)(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
0 ar n more, in-T-71c
listed on either the Scrutinized Companies with Activities in Sudan List or �the Scrutinized C7ompanies wi
,7
Companies that Boycott Israel List, created pursuant to 215.4725, F.S., or engaged in a boycott of Israel,
engaged in business operations in Cuba or Syria. I
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 oft is Agreement.
written notice to Surt. recipient. Unless Subrecipient demonstrates in writing, within 90 days of receipt of t
notice, that DEO's determination of false certification was made in error, DEO shall bring a civil action Jagain
Subrecii,gient. If DEO's determination is uL:)held, Subrecigient will be liable for a civil r)enalty egual to the
kz�* IA-ATAV4 MWQUUJqr +10!4uml
date of DEO's determination of false certification by Subrecipient.
c. if Federal law ceases to authorize the states to adopt and enforce the contractin.Q-
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
IMMAMTI=l * M MM
c. Submit bids on leases of real property to a public entity; or
d. Be awardkd-o-r-,-,je-*'orti work cottractor. su�_ �'
H=
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 tot Florida Abuse Hotline by calling 1-800-96ABUSE,ear via the web reporting option
at www.dcf.state.fl.uslabuselreL or via fax at 1-800-914-0004.
(19) FEDERAL REQlilREMENTS PERTAINING TO LOBBYING
(a) Federal grant funds provided under this Agreement may not be used by Su recipient 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) Su recipient certifies, by the authorized representative's signature tothis 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 ore ployee of any
Federal agency, a member of Congress, an officer oremployee of Congress, or an employee of a member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
(c) Subreciplent shall complete and submit Standard Form-LLL, "Disclosure For 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) Sty recipient 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)
l I, contain the certificati 2WTAMUA6W
set forth in Subparagraph (19)(b) above and the content of Subparagraph (19)(c) above. Subrecipient sh
require that all contractors provide such certifications and, when applicable, submit the completed Disclosu
Famf to_fagol�,
Pr IMMITMA"
6 ININ
entering into this transaction. Any person who makes an expenditure prohibited by Subparagraph (19)(b)
less than ten thousand dollars and zero cents ($10,000.00) and not more than one hundred thousand dolla
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 Agreeme
are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with t
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 a
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 servic-1
performed under this Agreement, or in any way connected with it, Subrecipient shall refer the discovery
invP,rt!jrT t* IF* ftr a r#�PtjPTTjwjuAT,*-r wohpt�tar the St;�.tp of Fl*ri&-! uAll spp� -tztp it -*n*tectioij iv its Taitp. ATIV
I-— - 1,- 5 W
f ueO��#den"YdWmj
DEO. Any copyrights accruing under or in connection with the performance under this Agreement a
transferred by Subrecipient to the State of Florida. I
OTME
(c) Within 30 days of execution of this Agreement, Subrecipient shall disclose all intellectual
properties relating tot 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) LEGALA I TION
(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 tot terms ofthis
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 oft is 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:
................
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.
I
mrrmw
PRIDE w the products t, a i
established(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 pursuant to section 413.035(2),following pit.
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 QUALIFIEDli SUA T
TO TER 413, FLORIDA STATUTES, IN THE SAME MANNERAND UNDER THE SAME
PROCEDURES SET FORTH! SECTION 4 3 (1) AND (2), FLORIDA STATUTES; AND FOR
PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHERBUSINESS TI CARRYING
T THE PROVISIONS THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTEDTHE
STATE AGENCY INSOFAR AS DEALINGS WITH SUCHQUALIFIED FIT AGENCY ARE
CONCERNED.
Additional information about the designated nonprofit agency and the products it offers is available at
to.lwww.res ecto lor! a.or.
(c) Su reci i nt 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
lave or is not otherwise unenforceable, and all other provisions remain in full force and effect.
(2 PROGRAMMATIC DOCUMENTS
Su reci ient 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 's
Grant Manager fort is Agreement, ent, as set forth in Paragraph (16), Notice and Contact, above:
(a) The Florida Weatherization Assistance Program Health and Safety Plan (WA(WAP Safety Plan);
() The 2017 Florida Weatherization Assistance Program rocs ures and Guidelines Manual ( AP
ProceduresManual);
(c) The Florida Weatherization Assistance Program Single Family Priority Lists Site Built and
Manufactured o es ( AP Priority List);
Elm
(d) The Florida Weatherization Assistance Program Monitoring Protocol (WAP Monitoring
1:111111ppil
''-=Iijj 11111111111111 IIIIIIIIIIIIIIpIIIIIIIIII 11 11111111:1111111111ilillillililillillilI 11111111 1
I
DIM= 1111 1 11,111111111111! 1111111111111 1111111111 11111111111111111111 "I'll',-, I &I
attachments, the language of the attachments shall control but only to the extent of the conflict or
TANOMT4124MIM
(c) This Agreement has the following attachments and exhibits.
Exhibit I — Audit Requirements
Exhibit 1-A — Funding Sources
Exhibit 2 — Audit Compliance Certification
Attachment A —Scope of Work
Exhibit I 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
I iiiiiiiiiiiiiiiiiiiiiililill NIXON III I I 1111111111
■
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SUBRECIPIENT
Monroe County
(TypeZLegalm f urecipint)
Mayor George R. Neu et
(Type Name and Title Here)
Date; JuIv 19. 2017
k„00i ,9
073876757
DUNS Number
17WX-OG-11-54-01-039
Agreement umber
STATE OF FLORIDA
W
Julie Dennis, irector
Division of Community Develop ent
{
Date:
f
...1- - .M
MONITORING
Inaddition 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 its 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 ($500,000for fiscal years ending after December 31, 2003) or
more in Pecieral awar it Mm rraii_MMV,27� 106 ram -SPEUM—d-VU I L L4
in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1-A to this agreement indicates
Federal resources awarded through DEO by this agreement. In determining the Federal awards expended
it
from DEO. The determination of amounts of Federal awards expended should be in accordance with the
quidelines established by OMB Circular A-133, as revised. An audit of Recipient conducted by the Auditor
vrilavrp wit!tntihp in-tvisivis of SUI, Circifla"431,7s revised. will iteett�ip rPruirPuiF--,Ets of
M=7 MIRMEMSEEMMEMM
07ME
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
o bta i n ed from ot h er t ha n Fed e ra I entit ies).
4. Title 2 C.F.R. part 200 supersedes and consolidates the requirements of OMB Circulars A-21, A-87, A-110,
122, A-89, A-102 and A-133 and is effective for Federal awards or increments of awards issued on or aft
December 26, 2014. Please refer to 2 C.F.R. part 200 for revised definitions, reporting requirements a
auditing thresholds referenced in this Attachment and Agreement accordingly. I
PART fl: 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 11, paragraph 1, Recipient shall ensure that the
audit complies with the requirements of section 215.97(g), 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
As fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97,
F.S., thp--�*st *,f tte audit mu9j=,,taid frortirt4e non -state entitM's resources (i.e., the cost of such an audit
, ir I �� , er-, i i I'll ti ' iiiiiiiiii ! rtiiar t , antitiac
4. Addonal information regarding the Florida Single Audit Act can be found
htt p:Hwww. myflo rid a.com/a udge n/pages/f Isa a. htm
FWITIVATUEAAY +1�li
1*1
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:
1 =-# IMM =--s
A]
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-
M11 - - . - ■
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
O.-M
ow—
2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, Recipient shall submit a copy of the reportinj-.4
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:
Kii
M"��
MSC # 130, Caldwell Building
Tallahassee, FL 32399-4126
3. Copies of financial reporting packages required by PART 11 of this Exhibit shall be submitted by or on
behalf of Recipient lr ctl to each of the following:
Mi
M�=' �
MSC # 130, Caldwell Building
IMFIMWN�j
Local Government Audits/342
ow—
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:
M=�
M
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 CircularA-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.
5. 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.
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, ands all
allow DEO, or its designee, CFO, or Auditor General access to such records on 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 at 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 tothe expiration of the controlling period as identified above, the records shall be retained
until completion of the action and resolution of all issues is arise from it, or until the end ofthe
controlling period as identified above, whichever is longer.
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FEDERAL RESOURCES AWARDED AND RELEASED TO RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
Recipient's DUNS Registered Name:
County of Monroe -------
Number:
073876757 ---------
Federal Award Identification Number:
G-1701FLLIEA; subsequent releases-T131)
-Federal Award Date:
October 25, 2016 subsequent releases-TBD
Subaward Period of Performance Start and End Date:
A ril 1, 2017 through March 31, 2018
Federal award project description, as required to be responsive to the
Energy savings home improvements to
Federal Funding Accountability and Transparency Act (FFATA):
eligible low income households.
warding Agency:
lalI&s III' IF
Pass -Through Entity:
Florida Department of Economic Opportunity
Contact: Debbie Smiley, 850-717-8433
Catalog of Federal Domestic Assistance Number:
Catalog of Federal Domestic Assistance Title:
Low Income Home Energy Assistance
Research and Development:
-----------------
-----------------
Catalog of Federal Domestic Assistance Number:
Catalog of Federal Domestic Assistance
......................... ---
Weatherization Assistance Program
Research and Development:
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
C. 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.
II 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 coded in Title 10 of the
Code of Federal Regulations, part 440 — Weatherization Assistance Program for Low -Income
Persons.
07MR]
COMPLIANCE REQ11 F%&MOC
AREAS FOLLOWS: N/A
-,,rograms and State Projects included in Exhibit 1 be provided to Recipient.
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
audkLmdeo.myflorldo.com.
Subreciplent
Subrecipient's Fiscal
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, memorandurn of understanding,
economic incentive award agreement, etc.) between Subrecipient and the Department of Economic
I Opportunity (DEO)? [] Yes r_1 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 Ej No
if yes, Subreciplent 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.
1 2. Did Subrecipient expend Federal awards during Its TISCal year 'Lli IL IlJil dTT?__4VXTT nLq a
(e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic
incentive award agreement, etc.) between Subrecipient and DEO? F-1 Yes 0 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 E] No
if yes, Subreciplent 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.
PUP2
owl
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Repre5entative
OEM]
F!
MEDW1111IT-114:101W
�ubrecipient shall comply with the following requirements, and if applicable, ensure all contracts
MA W_CP_,c'@?Q V, eXtr'J.C_C zcx�tv ? ;r (4-Ous-Ig rPPu,_PdS Lth_r_PnvUP_af_!; h a I I
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to carry out the program. Subrecipient shall designate an individual, referred to by DEO as the WAP
Coordinator, who will be responsible for ensuring that the following activities are adhered to:
A. identify and solicit eligible low-income residents within Subrecipient's identified service area who
have the need and desire for energy conservation assistance. Subrecipient shall make the services
provided for under this Agreement available to all eligible clients in the counties it serves, subject
to the availability of funds.
B. Subrecipientshall 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, BudgetSummory 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.
E. Subrecipient shall complete work on all dwellings in accordance with the Field Guides, the WAP
Procedures Manual, the WAP Priority List, any Supporting Weatherization Program Notices, and any
supplemental DEO and DOE guidelines, unless Subrecipient secures written permission from DE*
otherwise.
F. The health and safety of the clients, Subrecipient's staff, contractors, and the integrity of thi�
building structure shall not be compromised by any work completed with weatherization funds.
07MN
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
eYective mas-rmi.
H. Work and materials not meeting quality expectations, as determined by DEO with reference to 1*
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
A. File Documentation Responsibilities
Each client file shall contain the following documentation:
Client intake form
Client income documentation (for
past twelve months)
L711 Social Security Documentation (if
applicable)
30= =E
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
• Building Work Report
• Copy of bid package(s), invoices,
receipts, payment vouchers
• Pre 1978 dwellings — Certifief:
Renovator Documentation or
Clearance Testing
I'll, I " ' -■
• Copies of applicable Pre and Fina-
Permits
• Client File Checklist
• 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.
07—MM
ARM Subrecipient shall give priority to identifying and providing weatherization assistance to elderly
1111R persons, persons with disabilities, families with children under 12 years old, households with a high
MP 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 oncg
a year but as frequently as DEO may desire throughout the program year. These visits are for thf.
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 shal'
include inspection and/or T&TA information.
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.
1 All contractor work shall pass an inspection by qualified Subrecipient staff or approved third -
party contractor inspector prior to payment.
Contractor work not meeting quality expectations that requires correction shall be done at
the contractor's expense.
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.
1. The health and safety of clients, Subrecipient staff or contractors, or the integrity of the buildi
structure is threatened by work completed with the weatherization funds. i
2A weatherizatio n -related health or safety problem is created by, exacerbated by, or n
corrected by the delivery of weatherization services. i
3. The omission, without appropriate authorization, of a required cost-effective measure,
necessary repair, or a required health and safety repair. I
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 Au
Tool (NEAT) or are not required in the WAP Priority List, WAP Procedures Manual, or the Fieli"
Gui0es,
OM
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.
1. A single occurrence of poor -quality of work, materials, or equipment that results in min
egradation of performance or appearance of measures or repaId
R�w M IMENO Mt1IR,?Mff7t1V, NIMSUNTOMMoM
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)
00111 k T&TA visits conducted by DEO staff and its representatives are intended for training purposes.
Zalffil
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.
-.7
spwiresacrordineto the WAP Priaritv List. t eWAP Procedures Manual.
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-a-mc OfffLeet *F11,; dFLeU djt$1rUTd1 UF d H'd1TeF re#O_Ue!_"1 "IT"Ttar"l,
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DEO staff.
1. Fuel conversions.
iiiiiii�� 1!11 ;J111111
'1law I t A 11011
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. Subreciplent'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 anj`
Subrecipient has performed a final quality control inspection, including any mechanical of
subcontractor work performed.
F. Project Selection
1. Projects should be prioritized in accordance with DOE Policy. Additionally, Subrecipients hould
prioritize projects based on:
L owner participation;
ii. potential energy savings based on utility bill analysis;
iii. assurance that benefits will be direct to unit occupants; and
2. Subrecipient shall receive a signed landlord -tenant agreement before work begins on any
individual dwelling unit. This document must be retained as part of the project file.
G. Energy Audit
Prior to performing an energy audit, Subrecipient's auditor shall conduct a walk-through of the urd)!
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.
Wit xePAftdip—PAdre-�
Understanding energy use is key to performing an exemplary audit.
1. An assessment of health and safety hazards.
2. Documentation, including, but not limited to, the type of energy audit tool used, the results of
the audit analysis, and the DOE -promulgated priority list used to complete the energy audit.
3. An assessment and record of the existing conditions of the building and its mechanical systems.
4. An evaluation of the existing conditions for energy conservation opportunities and energy -
related health and safety problems.
5. A strategy for improved energy efficiency and for correcting energy -related health and safe
problems. i
The energy audit shall also include evaluations of all of the following, per the WAP Procedures
Manual and the WAP Field Guides:
I. 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.
Subrecipients hall 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.
5Lead-based paint notification.
6. of and mildew notification.
7. Other energy -saving suggestions.
H. Final/Quality Control Inspection Responsibilities
Subrecipient shall be responsible fort e 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
L 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 for assuring that all requirements have been
verified.
iv. A job is complete only after all work installed by Sur client 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,
Procedures Manual, the Field Guides and applicable local, State, and Federal code.
ALTA AAD SAN:'rf
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.
Al 1�1110101 42"IFLNINJOKKI 11,11:1111"El
DEO shall evaluate this project through review of Subrecipient submitted reports. To receive a
W-1, wwww
L 17741 J 19 E k; I t km AM A w P t, u I t �r k, Ll I T tv " U 3 0 W A' 17111-M.'am 11 WTV Y7 r7m #T W 7 _V # I 11111; &1 ke V ni 0 A 0 J, Ini k II V APY v I K; V U I F 75 J I � ANT, ;1i,
Package along with the Financial Status Report (FSR) to DEO through the electronic financial
manae m n v ern eirinis I � 11Z
up to schedule.
rots
J j mp'',
that the Deliverable has been successfully completed.
Deliverable I
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
[Admi n strait io n costs n 0 e eed 6 278 60
i t to xc
[Administration costs not to exceed $6,278.60
p. M.
(SIX award amount)], Program Support,
p po�'
Loftotal
Technical and Training Assistance, Single Audit,
and Liability Insurance.
ri
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 measuresto qualified low-income persons
Work Report (BWR) as identified in Attachment
and to administer the program.
C, Reports.
.2,) 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.
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,
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.
Subrecipient shall partner with non-profit organizations or municipalities that provide rehabilitation,
-mergency home repair, administer a Neighborhood Stabilization Program, or are participating in a
io achieve goals of serving the low income population.
11 11 11 ' I , , I I - 11 11 , I
*44tec-uClueg f"t-s-an- OF=37%7 =,7FF=TF1Vr7
ITS
County Allocation, Exhibit 2 to Attachment A, of this Agreement and Subrecipient's detailed line -item budg.M
In the event of any conflict between any portion of this Exhibit 1 to Attachment A, Budget Directions, and a
other part of this Agreement or Federal or State regulations or guidance, the terms of any other part of thl
Agreement or Federal or State regulations or guidance shall prevail.
Project Budget:
9�-eW,reci1ie;it sh,-, 11 X-e-Kri-rh tfe Vh-7-thtrizat+,t,6 See-eicts in ncctr�,.ancz veit:i tN;sALrciEffi;4�6t ai--.;, the frfjzet
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.
X. Liability Insurance- All allowable costs incurred by Subrecipient for Liability, Pollution Occurrence, arZ
Workers Compensation insurance for weatherization projects for personal injury and for property
damage.
C. Financia; 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.
f. 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.
'690h� H. Health and Safety: Health and Safety is for materials and labor costs and will not be calculated into OM
on per unit average like regular materials and labor. Costs incurred for materials and labor for Health a
NIT-Twinnow—T. Mgt =,��
The Health and Safety average per unit expenditure limit is set at 45% of the per unit average.
5ubrecipient may exceed the 45% expenditure limit up to $5,000 per unit, only with prior, written
approval by DEO.
ry
and frequency of measures installed. Upon circulation of the survey, Subrecipient may request
reallocation of excess Health and Safety funds to Materials, Labor or Program Support.
11. Cost Limits:
The DOE established, national average expenditure limit per dwelling unit is $7,212. This adjusted avera
includes materials, labor, and program support costs amortized over completed production units. T
Average Cost Per Unit (ACPU) will be calculated and tracked during the FSR review process, based on t
following formula: I
(Material of + Labor Cost + Pgram Support Co rost)
= 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.
Ill. In submitting the monthly Financial Status Reports (FSR), Subrecipient �xceed the prescribed ACPU
Admin percentage. However:
A. DEO will perform monthly desk audits and a mid -agreement period review of Subrecipient's adjust
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
notified and required to make adjustments in charging for activities in subsequent FSRs to ensu
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 allowab
3
expenditures are reported on the monthly FSR.
D. Subrecipients receiving an advance must make up the expenditure deficit in the following FSR.
�V. Subrecipient must complete and submit a Monthly Expenditure Tracking Sheet (METS) by the 21" 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 Suppgrt f pr�q am gw-
Support and Administrative Expenditures publication.
Vt. If additional funding is provided to Subrecipient during this Agreement period, submission to DECI of a
revised Exhibit 2 to Attachment A, Budget Summary and County Allocations, is required.
EXHIBIT 2 TO ATTACHMENT A
a
luirwayyffli U41WIM17,77-iff
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-rem-burse costs of more
cvent shall Subrecipient's total Administrative Expenses exceed 5% of the total subaward to Subrecipient.
V1714AJI'A'A•t- ( ro, Vi IW-119=1*9-* I I
COUNTY ALLOCATION
ALLOCATION AMOUNT 2�un
1i =mj
ATTACHMENT B
:l I!Ill !11ljj1jj1�I!�l
I ° r r 4 .M.
H. Subrecipients which procure $10,000 or more of insulation products annually are required to put in
effect an affirmative procurement program to insure the purchase of insulation products composed
the highest percentage of recoverable materials practicable, taking into consideration competitio
availability, technical performance and cost in accordance with Section 6002 of the Solid Waste Disposr.
1"�
�" *:._ ��
Sample format: Subrecipient Appeals System
I =,' I zi
1=1 -
be signed and dated.
(1) Each FSR shall contain the following information:
a. All expenditures that occurred during the reporting month;
zm x £ ««>»
c. The number of dwellings weatherized;
d. An attestation, signed by an authorized signatory, that Subrecipient was open and operatin
during its reported business hours; and
e. An attestation signed byan authorized si --- t that - a .. ment claimed were for actual costs
M R.W.
Scope of Work, of this Agreement.
C. Monthly Expenditure Tracking System (METS) Reports:
A monthly METS is due to DEO by the 21' day of every month of this Agreement, If the twenty-first day
of m!» y falls on a weekend day or holiday, the report shall be due no later than the next business
Om-
=MIM �
practices.
Monitoring Repoft 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
ATTACHMENT D
�7=i 0"T"di i M—vd
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
EA=ATJ3t iftlg--�Ir a rai bmiseTtgun basis,
60 DAY ADVANCE REQUESTED Check here:
Advance payment of $ is requested. Balance of payments will be made on
reimbursement basis. These funds are needed to pay staff, award benefits to clients, and purchase s
Jes and equipment. Subrecipient would not be able to operate the program without this advance.
061T 'Llr#(, 1141JIFIV
M Advance Requested (TotalLinesD&E) ."10
in addition to completing the above ADVANCE CALCULATION worksheet, include a written justification
support the exceptional circumstances, and include a line item budget detail of the projected expenditures
consideration. f l
10m,cs
g j<.t
advance payment for more than 60 days offunding is requested]
M
ATTACHMENT
...............
+i 1 0 - # t # 0 R #
ATIACAMEAT G
0
ow—
A
m
O!MM
MEET
1 1111FIF I III 1 11 11111, 11
Ira ME U-21 roTONIMM
ill !iii IM 1511 In 1 1 1
11 : 1 w > « < I i I I i Two IM-3 i i 111011: � I
MIMMMOTTWOR
AND VOLUNTARY EXCLUSION
qi�� pi� =W=M=MEME-Z- MWIMMIS
S IR 11 1 11r: !!1�1111l i . X I -
• 1 1 1, . . ..
Subrecipient will not issue any subawards or contracts under this Agreement, Subrecipient shall
mark here that this Attachment H is Not Applicable: Ll -
B. if Subrecipient will issue subawards or contracts under this Agreement, Sub recipient shall complet'-z-
the following information for each contractor:
C. 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.
(Type Name)
By
Signature
Name & Title
MRIVEM
Date
Subrecipient's Name
DEO Agreement Number
I
ATTACHMENT I
Iq �Wr, j T txLV
(taken from 2 UR § 175-15)
1. Trafficking in persons.
a. The following provisions are applicable to a subrecipient that is a private entity:
1. You as Su brecipient, your employees, contractors under this subawa rd, and contractors' employees
orslavery.
3. "Private entity!
L Means any entity other than a State, local government, Indian tribe, or foreign public entity,
as those terms are defined in 2 C.F.R. § 175.25.
!I. Includes:
f f
50 WHITEHEAD
... » . ...... .. . ....... .m
City: KEY WEST Zip Code: 3304
Telephone: 305 - 292 -3560 Fax Number
a.. . .. -E
City' Zip Code:
Na me:
� NT
Title:
C Y
Address:
2 SH PS - - -- ------------- - - - - -- -� � ._
City.
I PINE Y, � Zip Code: -
- - 3
Telephone.
- 72 -1 73
Fax:
S . Executive
Director:
Name:
S ERYL GRAHAM
Title.
EXECUTIVE DI RECTOR
Address:
25 SHIPS Y
City:
.........
I E Y , L Zip Code:
33043
Telephone:
305-872-1
.......................
ax:
-' ..............................w
- 295 -4350
e WAP Project or i a r:
N
MARLENE ST CKLEY
Title:
P COORDINATOR
Address:
1100 SI T STREET, SUIT 2-257
City:
KEY WEST 8 FL Zip Code:
33040
Telephone:
305-292-45
Fax:
305-292-4479
7, Finance Director:
Name:
KIM ILK S WEAN
Title:
FI NANCE DIRE
,address:
1100 SIMONTON STREET, SUIT E 1- 190
City:
KEY WEST Fl. Zip Code:
33040
Telephone:
305 - 292 -45
ax:
305- 292 -4479
ow—
Doaftn EaMope ID: 00cF5162 AsF 4- 2E1167e6F232
WiAfAikdAON ASSISTANCE PROGRAM
AND
CFDA Number(s): 81.042, 93.568 Agreement Number: 17WX -0G- 11 -54- 01.039
THIS MODIFICATION Number One Is entered into by the State of Florida, Department of Economic
Opportunity, with headquarters In Tallahassee, Florida, hereinafter referred to as "DEO," and Monroe County,
heteitiafter referred to as "Subrecipient" (each Individually a "Party" and collectively "the Parties ").
WHEREAS, DEO and Subrecipient have entered into. Agreement Number 17WX -06- 11.54 -01 -039, In
which bE0 awarded Subrecipient dne hunifred:twen. thousand, jfye °hundred seventy -!wo dolMrs and
zero cents-($125,572.00); and
WHEREAS, Paragraph (8) of the Agreement provides that modification of the Agreement shall be in
writing, on DEO- approved forms, as applicable, and duly signed by the Parties thereto; and
WHEREAS, additional funds have become available to increase the amount of the funding granted to
Subreciplent.
NOW, THEREFORE, in consideration of the mutual promises of the Parties contained herein, the Parties
agree to the following:
1. Paragraph (3)' P_ERIOD OF AGREEMENT Is hereby deleted In its entirety and replaced with the following:
"The Agreement period begins on April 1, 2017, and ends on September 30, 2020, unless terminated
earlier in accordance with the provisions of this Agreement, including, but nut limited to, paragraph
(15), TERMINATION, of this Agreement. For avoidance . of all doubt, notwithstanding anything else
herein, including, but not limited to Exhibit 1 -A, FUNDING SOURCES, the subaward period of
performance starts April 1,'2027 and ends September 30, 2020."
2. Subparagraph (4)(a), FUNDINGICONSiDERATION. Is hereby deleted in its entirety and replaced with the
following:
(a) This Is a cost - reimbursement agreement. DEO awards Subrecipient One hundred fifty -fhm
thousand, forty-two dollars and ninety -one cents ($155,042.91), 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 One hundred fifty -five thousand, fo daNars and
ninety-one cents ($155,0+42.91), until notified in writing by DEO to SubrecipieWs contact person identified In
Attachment 1, _SUBRECIPIENT INFORMATION Upon receipt of such notification, Subreciplent 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. Each such NFA, and any attachments thereto, duly issued to
Subrecipient by DEO, including, but not limited to its special terms, conditions and instructions, Is incorporated
into the Agreement by reference. This revised agreement amount includes:
1. $125,572.00 Current WAP Allocation (Program Year 2017)
2. $ 2 47D. 1 Allocation Increase
3. $ 155.042.9i Total Modified WAP Allocation
DOMSlgn ftftpe ID, OOCF6182 .ABFC- 4658.AGF4- 2E3187SOF232
3. Attachment A, Scope of Work, Section VOL, Deliverable 1, is hereby amended to read as follows:
- Delp enable 1 Minimum Livid Performanco'
Certificatirin that Sub[ecipient operated n during At a minimum; Subreclpieiit shall have fts offioE
Its regular business hours as identified i open for business, with the entrance door open to
Attachment G, Warranties and Representations, the public, and at least one.employee on site
w -- -
to include expenses for Adntiini5tr ati6 n: Monday through Friday from 8:00 a.m. to 5:00
[Administrationcosts nDt to exceed g 7352J4 p:m.
5
(Not to exceed 596 of 7ata) Modifie
Alk�caEton award amount)]; Program Support,
Technlcal and Training Assistance, Single Audit,
and Liability Insurance.
4. Exhibit 2 to Attachment A, Budget SurMroary and County Allocations, is hereby deleted In its entirety and
is replaced by the revised Exhibit 2 to Attachment A, which Is attached hereto and Incorporated herein by
reference.
S. To the extent there is any conflict between the provisions of this Modification, including any
attachments and exhibits thereto, and the provisions of the Agreement, including any attachments and exhibits
thereto, the provisions of this Modification shah supersede and cont trol.
6. All provisions of the Agreement, Including any attachments or exhibits thereto, not amended by or in
conflict with this Modification, remain in full force and effect,
The remainder of this page Is lntentibnaNy blank.
7 7,
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUBGRANT AGREEMENT MODIFICATION
SIGNATURE PAGE
IN WITNESS WHEREOF, by signature below, the Parties agree to abide by the terms, conditions and
provisions of the Agreement, as modified. This Modification shall be effective on October 1, 2017.
LEGAL NAME OF SUBRECIPIENT
MONROE COUNTY
,1: x
a'
� 1 m_ � � .'�:a __:
Approved as to form and legal
7 J i V , z ,,;,art
1 r
B y:
Approved Date--3---Z-3
DomdW Envelope ID: OOCFS182•ABFC- 4858- ABF4- 2E31876®F232
a
t i r
1. ADMINISTRATION
_ $6,449
$1,30_2.81
$7,752.14
2. HEALTH & SAFETY
$21
$16,943.60
$38,772.95
3. TRAINING &TECHNICALASSISTANCE
$6,390.00
$846.80
$7,236.80
4. SINGLE AUDIT
$0.00
$0.00
$0.00
5. LIABILITY INSURANCE
$1,750.00
$0.00
$1,750.00
6, MATERIALS/LABOR /PROGRAM SUPPORT
$92,56748
$6,963.04
$99,531.02.
TOTALS
$128,986.66
$26,056.25
$155,04251
•
COUNTY •
The financial allocation specified for each county by program Is designated to be spent in that county.
For Subreciplents 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.
GMA du
M onroe
$99,01
13
Total
$99,531.02
13