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Item C25BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 02/16/2011 Division: Community Services Bulk Item: Yes x No _ Department: Social Services Staff Contact Person/Phone #: Sheryl Graham 305- 292 -4510 AULINDA ITEM W ORDING: Approval of Modification #003 to the Weatherization Assistance Program, American Recovery and Reinvestment Act Sub -grant Agreement (ARRA WAP), Contract# IOWX- 7X- 11 -54 -01 -719 between Monroe County Board of County Commissioners (Community Services /Social Services) and the State of Florida, Department of Community Affairs. ITEM BACKGROUND: Based upon the Department of Community Affairs (DCA) evaluation of Monroe County's production goals of FY 09 ARRA WAP agreement, minimum funding allocation is $936,419.19. This modification is the balance of that available funding and therefore production goals are being recalculated in Attachment A, "Scope of Work" to reflect the additional funding. Prior approval of Modification #002 to the ARRA WAP Contract #IOWX- 7X- 11 -54 -01 -719 increased the initial contract allocation by $7,056.80 from $417,460.39 to a new allocation amount of $424,517.19. The 2010 WAP Capacity Agreement, #IOWX- 7X- 11 -54 -01 -319 has been closed out and the balance of the unspent funding has been de- obligated. These unspent funds were modified into agreement #I OWX- 7X- 11 -54 -01 -719. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted by the BOCC on 4/21/10 for modification #002 to the Weatherization Assistance Program sub -grant Agreement #IOWX- 7X- 11 -54- 01 -719 and prior approval by the BOCC on 3/17/2010 for modification #001 the Weatherization Assistance Program sub -grant Agreement #IOWX- 7X- 11 -54 -01 -719. CONTRACT /AGREEMENT CHANGES: To increase the contract amount by $511,902.00. STAFF RECOMMENDATIONS: Approval TOTAL COST: $936,419.19 BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: 0.00 (cost reimbursement grants SOURCE OF FUNDS: GRANT FUNDS REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year A APPROVED BY: County Atty rch Ox asing Risk Management r DOCUMENTATION: Included X Not Required_ AGENDA ITEM # Revised 7 09 ISLOINIUMSMIM Contract with: WAP([)CA) Contract: #I0WX- 7X-1 1-54-01-719 Effective Date: 02-01-11 Expiration Date: 2-20-12 - [outruct9unpoac/I)eacripdon: Approval ofModifiou|ioo0O3 to the current Weatbcdzudoo Assistance Program (WAP) federally funded Sub-grant Agreement Number l0W7{-72{-ll-54-01-7l9 between Monroe County Board | of County Commissioners and the State of Florida, Department of Community Affairs. Contract : Sheryl Graham 4510 Social Services/Stop > p`""" (Ext.) #) For BOCC meeting on 02/16/2011 Agenda Deadline: 02/01/11 CONTRACT COSTS Total Dollar Value ofContract: $936,419.19 Budgeted? Yes X No Account Codes: County Match: NA Additional Match: 0 Total Match $0 Estimated Ongoing Costs: $ /yr (Not included in dollar value above) Current Year Portion: �_ 125-615571 - - - - - - - - - - - ___________ ��DlI0�\ CO37S I Comments: CONTRACT REVIEW Changes Needed Yes No Yes No Yes No) Yes Date Out E 21 `ARRA WAP CONTRACT NO.: IOWX- 7X- 11 -54 -01 -719 MODIFICATION NO.: 003 MODIFICATION OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) WEATHERIZATION ASSISTANCE PROGRAM (WAP) AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ( "the Department "), and Monroe County Board of County Commissioners ( "Recipient ") to modify DCA Contract Number IOWX -7X- 11-54-01 -719 ( "the Agreement "). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a grant of $424,517.19 to the Recipient; and WHEREAS, the Parties desire to extend and reinstate the term, increase funding, amend the scope of work and revise county allocations of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated as though it had never expired. 2. Section (3) Period of Agreement is revised as follows: "This Agreement shall begin upon execution by both parties and shall end February 28, 2012 unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement." Paragraph (I 7)(a) Funding,/Consideration is hereby modified to read as follows: This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $936,419.19 subject to the availability of funds. A. $424,517.19 Current FFY 2011 -2012 ARRA WAP Contract initial allocation. B. $511,902.00 Increase for FFY 2011 -2012 ARRA WAP allocation. 4. The Scope of Work and Budget (Attachment A) of this Agreement is hereby replaced with a revised Scope of Work and Budget (Attachment A) attached hereto. 5. The County Allocations (Attachment I) of this Agreement is hereby replaced with a revised County Allocations (Attachment I) attached hereto. 6. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. T All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS THEREOF, the parties hereto have executed this document as of the dates set out herein. Monroe County Board of Countv Commissioners STATE OF FLORIDA DEPARTMENT OF COMMUNITYAFFAIRS RECIPIENT Heather Carruthers, Mayor (Type Name and Title Here) Date: 59- 6000749 Federal Identification Number By: Ken Reecy Acting Director, Division of Housing and Community Development Date ONF4OE COUNTY A , 17 rPNEY Al A0 � �EDRO J,. ; - — REVISED ATTACHMENT A SCOPE OF WORK AND BUDGET •' i f'. W The Recipient WAP Coordinator will coordinate with the Department's field monitor contractor to perform an inspection of 100% of the client files for all completed dwellings to be submitted in a production period. A client file that is not in compliance will not be included in the monthly production report. Non - compliant client files must have corrective action completed and be re- inspected for compliance before being submitted on the monthly report. L The Recipient WAP Coordinator will coordinate with the Department's field monitor contractor to review for accuracy the Client Intake Form and Building Work Report data that is entered into the agency's monthly reimbursement request via the eGrants reporting system. No request for reimbursement may be submitted until all Client Intake and Building Work Report data has been confirmed for accuracy. J. Based upon an evaluation of the Recipient's December 2010, ARRA WAP Financial Status Report (FSR) and the initial production Goals of its 09 ARRA WAP Agreement, the Recipient has been identified as a "Recipient of concern " . Per the 2009 -2012 ARRA WAP State Plan, the Recipients minimum available funding allocation is $936,419.19 This Modification provides the balance of that available funding. Therefore, the Recipient must develop an aggressive Production schedule to expend the total amount of funding K. The Recipient will provide per month estimated accelerated Production Goals. The production goal will be the total number of dwellings that are to be weatherized for the Agreement extension period with any current Agreement funding available plus the Modification amount. Calculating production goals: • Subtract the projected January production/costs from the current Agreement balance. • Add the remaining amount to the modification amount and divide by the allowable $6,500 per dwelling. • Divide that total by 13 to determine the minimum targeted monthly production • Fill in the below production schedule. February 2011 _6_ March 2011 _9_ April 2011 11 May 2011 _11_ June 2011 _I 1 July 2011 I August 2011 I i_ – 11 — September 2011 _I 1 October 2011 11 November 2011 _11_ December 2011 _11_ January 2012 12 February 2012 _12_ Total Production 13$ Although the above production goals are based upon the $6,500 per dwelling amount, the overall state average expenditure per dwelling being weatherized is closer to $5,700. Therefore, the Recipient should take into consideration that in order to expend 100% of funding, it may need to weatherize 10% more dwellings than initially calculated. L. Evaluation of Production: Failure by the Recipient to demonstrate accelerated production based upon the March (due April 5) and May (due June 5) FSR, may result in a reduction of funding and/or the Department seeking additional assistance by another provider for providing services in the Recipients designated service area. However, if the Recipient demonstrates a sustained ability to meet production goals, additional funding beyond the ARRA WAP State Plan allocation is available on a first come first served basis. Recipient confirmation of receipt: I Mayor SIGNATURE IONROE COUNTY BOARD OF COUNTY COMMISSIONERS RECIPIE NT AGENCY DATE M REVISED ATTACHMENT I COUNTY ALLOCATIONS The financial allocation specified for each county by program is designated to be spent in that county. For recipients 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 the Department. This request must justify the lack of need of program services in that county. Funds may not be expended in another county without prior written approval of the Department. COUNTY Monroe $936,419.19 Meeting Date: 07/21, Bulk Item: Yes x No Division: Community Services Department: Social Services Staff Contact Person/Phone 9: Sheryl Graham 305-292-4510 AGENDA ITEM WORDING: Approval of Modification #001 to the Weatherization Assistance Program, American Recovery and Reinvestment Act Sub-grant Agreement (ARRA WAP), Contract# I OWX-7X- 11-54-01-719 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs. ITEM BACKGROUND: Approval of Modification #001 to the ARRA WAP Contract #I OWX-7X-1 1-54-01-719 will increase the initial contract allocation by $7,056.80 from $417,460.39 to a new allocation amount of $424,517.19. The 2010 WAP Capacity Agreement, #IOWX-7X-11-54-01-319 has been closed out and the balance of the unspent funding has been de- obligated. These unspent funds are being amended into agreement #IOWX-7X-1 1-54-01-719. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted by the BOCC on 4/21/10 for amendment #001 to the Weatherization Assistance Program sub-grant Agreement #IOWX-7X-1 1-54- 0 1 -719 and prior approval by the BOCC on 3/17/2010 for the Weatherization Assistance Program sub- grant Agreement #I OWX-7X-1 1-54-01-719. CONTRACT/AGREEMENT CHANGES: To increase the contract amount by $7,056.80. STAFF RECOMMENDATIONS: Approval TOTAL COST: $424,517.19 BUDGETED: Yes X DIFFERENTIAL OF LOCAL PREFERENCE: _N/A COST TO COUNTY: 0.00. (cost reimbursement grant) SOURCE OF FUNDS: GRANT FUNDS REVENUE PRODUCING: Y o ' x AMOUNT PER MONTH Year 0 w (hasing APPROVED BY: County A y b Risk Management DOCUMENTATION: Inclu ed NX Not Required DISPOSITION: AGENDA ITEM # Contract with: WAP (DCA) Contract: # IOWX- 7X- 11 -54 -01 -719 Effective Date: 04-01-10 Expiration Date: 2-15-11 Contract Purpose/Description: Approval of Modification 001 to the current Weatherization Assistance Program (WAP) federally funded Sub-grant Agreement Number IOWX-7X-1 1-54-01-719 between Monroe County Board of County Commissioners and the State of Florida, Department of Community Affairs, Contract Manager: Sheryl 510 Social Services/Stop 1 (Name) k ( ---(Ext.) (Department/Stop #) . For BOCC meeting on 07121/2010 - Agenda Deadline: 07106/10 CONTRACT COSTS Total Dollar Value of Contract: $424,517.19 Current Year Portion: $_ Budgeted? Yes X No Account Codes: 125-6155711 County Match: NA - Additional Match: 0 Total Match $0 ADDITIONAL COSTS Estimated Ongoing Costs: S /yr For: (Not included in dollar value above) (e.Z. Maintenance, utilities, janitorial, salaries, etc) "' A" I'M III INIZVEIr" 41L /1U1 !V1%_r ffA CONTRACT REVIEW Division Director Risk Manag "ent 1 1 6./Pu haing County Attorney D to In (0 6 Changes Nee R fewer Yes Ye s Yes o/ Yes b No Date Out Comments: "' A" I'M III INIZVEIr" 41L /1U1 !V1%_r ffA ARRAWAP CONTRACT NO.; IOWX- 7X- 11 -54 -01 -719 MODIFICATION NO.: 001 MODIFICATION OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)1 WEATHERIZATION ASSISTANCE PROGRAM (WAP) AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ( "the Department"). and Monroe County Board of County Commissioners ( "Recipient ") to modify DCA Contract Number IOWX -7X -11 -54-01 -719 ( "the Agreement"). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a subgrant of $417,460.39 to the Recipient. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: Paragraph (17)(a) FundineConsideration is hereby modified to read as follows: This is a cost- reimbursement Agreement. The Recipient's 2010 ARRA WAP Capacity Agreement, contract number I0WX- 7X- 11 -54 -01 -319 has been closed -out and the balance of unspent funding has been de- obligated. These de- obligated funds are being amended into this Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $424,517.19 subject to the availability of funds. A. 417 460 39 Current FFY 2010 -2011 ARRA WAP Contract initial allocation B. $7 0 Increase for FFY 2010-2011 ARRA WAP Contract initial allocation All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS THEREOF, the parties hereto have executed this document as of the dates set out herein. MONROE COUNTY BOARD STATE OF FLORIDA OF COUNTY COMMISSIONERS DEPARTMENT OF COMMUNITY AFFAIRS RECIPIENT By; (Tyne Name and Title Here) Date: Federal identification Number 0 Mike Richardson, Assistant Secretary and Acting Division Director, Housing and Community Development Date: , ATTACHMENT COUNTY ALLOCATIONS The financial allocation specified for each county by program is designated to be spent in that county. For recipients cd 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 the Department. This request must justify the lack of need of program services in that county. Funds may not be expended in another county without prior wriften awroval of the-Department. COUNTY ALLOCATION Monroe $424517.19 33 BOARD OF COUNTY CO.XIMISSIONERS AGENDA ITEM SUMMARY Nlcctin Date: 04,21 2010 Division: County Administration Bulk Item: Yes X No Department: Social Services Staff Contact Person: Sheryl Graham x45 AGENDA ITEM WORDING: Approval of Amendment #001 to the Weatherization Assistance Program, American Recovery and Reinvestment Act Sub-grant Agreement (ARRA WAP), Contract# I OWX-7X- 11-54-01-719 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs. ITEM BACKGROUND: Approval of Amendment #001 to the ARRA WAP contract will revise the estimated production goals Page 16, Attachment A, Scope of Work of the prior approved ARRA WAP contract# I OWX- 7X- 11-54-01-719, PREVIOUS RELEVANT BOCC ACTION: Prior approval granted by the BOCC on 3/17,'2010 for the Weatherization Assistance Program sub-grant Agreement #1 OWX-7X- 11-54-01-719, UUNTRAC17AGR-EEMENT CHANGES: Revision to Attachment A, Scope of Work, page 16 of current contract relating to the estimated production goals. STAFF RECOMMENDATIONS: Approval TOTAL COST: $ 417,460.39 COST TO COUNTY: $0 BUDGETED: Yes X No SOURCE OF FUNDS: Grant funds REVENUE PRODUCING: Yes N/A No — AMOUNT PER: MONTH: YEAR: APPROVED BY: County Atty. urc a/Phasing / I ; — Risk Management DOCUMENTATION: DISPOSITION: R,:\ lst%f �, o6 Included . X Not Required To Follow .AGENDA ITEM # FEDERALLY - FUNDED WEATHERIZATION ASSISTANCE PROGRAM 14IERICAN RECOVERY AND REINVESTMENT ACT SUBGRANT AGREEtIENT Contract Number: IOW,X- 7Y- 11 -54 -01 -719 AMENDMENT 001 ATTACHMENT A SCOPE OF WORK AND BUDGET SCOPE OF WORK H. The Recipient WAP Coordinator will coordinate with the Department's field monitor contractor to perform an inspection of 100% of the client files for all completed dwellings to be submitted in a production period. A client file that is not in compliance will not be included in the monthly production report. Non - compliant client tiles must have corrective action completed and be re- inspected for compliance before being submitted on the monthly report. 1. The Recipient WAP Coordinator will coordinate with the Department's field monitor contractor to review for accuracy the Client Intake Form and Building Work Report data that is entered into the agency's monthly reimbursement request via the eGrants reporting system. No request for reimbursement may be submitted until all Client Intake and Building Work Report data has been confirmed for accuracy. J. The Recipient will provide the following per month estimated Production Goals for the Agreement period. March 2010 0 April 2010 3 May 2010 June 2010 4 September 2010 _6_ July 2010 _6 October 2010 _4_ August 2010 _6_ December 2010 ` 6_ _6_s January 2011 _6_ November 2010 _6_ February 2 {) I I _6_ Total Production 59 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth below. RECIPI NT DEPAR Nlonr ounty R a d of o ty Com issioners tt ; -f e APR 2 1 20f0 By: uthorize tgnature) { r' Sylvia Murphy Typ Na r Print Name) Fide: .Mayor f NT OF Qblvjtll- IUNITY AFFAIRS Title: Director. Division of Housing and Community Development st:At. }_ TTSiT ' 9A L K� CLEM ,,T J PAule !6 I IN MONROE COUNTY BOARD OF COUNTY COM"vI IS STONE RS CONTRACT SUMMARY Contract w ith: WAP Contract: "t 10WX_ 1-54-01- Effective Date: 04-01-10 Expiration Date: 2-15-11 Contract Purposer; Description: Approval of amendment 001 to the current Weatherization Assistance Program (WAP) federally funded Sub -grant Agreement Number IOWX-7X-1 1-54-01- between Monroe County Board of County Commissioners and the State of Florida, Department of Community Affairs. Contract Manager: Sheryl Graham 0 Social Services, Stop I (Name) 0 (Department S top For BOCC meeting on 04/2 Agenda Deadline: 04, 10 CONTRACT REVIEW Changes Date Out Date In Nee ' ded Roviewd Division Director Yes No Risk Management Yes No (0 O..NTB./Pur�asllrg Yes N' County Attorney ��1 1 /`� Yes No Conimcrits: CONTRACT COSTS Total Dollar Value of Contract: 417,460.39 Current Year Portion: $ Budgeted? Yes X No Account Codes: — April OMB resolution County Match: NA Additional Match: 0 Total Match $0 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: L' Not included in dollar value above) Maintenance, utilities, janitorial, salaries. etc) E BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 7-21-2010 Division: — County Administrator Bulk Item: Yes _X_ No Department: Social Services/In-Home Services Staff Contact Person/Phone 9: Sheryl Graham/X45 10 AGENDA ITEM WORDING: Approval of Amendment 007 to the Community Care for the Elderly (CCE) Contract KC-971 between the Alliance for Aging, Inc. (Area Agency on Aging) and the Monroe County Board of Commissioners (Social Services/In-Home Services) for fiscal year 7/1/09 to 6/30/10. ITEM BACKGROUND: Approval of Amendment #007 to CCE contract #KC-971 will increase the amount of the contract by $12,532.00 from $519,355.00 to $531,887.00. This unprecedented offer of additional funding on the last day of the contract required immediate signature. In order to save the taxpayers of Monroe County $12,532.00 which would normally have come from the General Fund as cash match, Mayor Sylvia J. Murphy was required to approve and execute said document on 6 -30- 2010, before it expired. r1f-MV1"U,'J HELL VAIN I HOCC ACTION: Prior approval granted for Amendment #006 to CCE Contract #KC-971 on 6-16-10, CONTRACT/AGREEMENT CHANGES: Increase in funding in the amount of $12,532.00. 31 Air r KEk-UNEVIENDATIONS: Approval TOTAL COST: $531,887.00-Full Contract Amount INDIRECT COST: -0-BUDGETED: Yes _X No COST TO COUNTY: No additional match for this amendment. Inkind (Space) Match of $35,401.00 SOURCE OF FUNDS: Grants No Cash Match is Required- an Inkind(Space) Match of $35,401.00 and co-Payment Match of $22,305.00 will be used for the $57,706.00 Total Match Commitment. REVENUE PRODUCING: Yes X No – AMOUNT PER MONTH --approx.$2,500.00 Year gpprox. $30,000.00 APPROVED BY: County Atty 1 OMB/Purchasing X Risk Management DOCUMENTATION: Included . X Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 CONTRACT SUMMARY Contract with: Alliance for Aging, Inc. Contract Amendment 007 to contract # KC- Effective Date: June 30, 2010 Expiration Date: June 30, 2010 Contract Purpose/Description: Approval of Amendment 007 to the Community Care for the Elderly (CCE) Contract #KC-971 will increase the amount under contract by $12,532.00 from $511,160.00 to $531.887.00 Contract Manager: Sheryl Graham 4510 Social Services/Stop I For BOCC meeting on 7/21/2010 Agenda Deadline: 7/6/2010 CONTRACT COSTS Total Dollar Value o{ Contract: 3j31 Current Year Portion: $ Budgeted? Yes }C No Account Codes: 1%� -61 – Gron|:$5l9`35iOO��m�J},ma� -- -- '--'-- County Match: Match $35,401.00 and -----------------' Client Co-Pay Match oy$22,3O5.00 will bo used for the --------------- $57,7O6.0O Total Match Commitment. No additional routxh � for this amendment. Estimated Ongoing Costs: (Not included in dollar value above) ADDITIONAL COSTS Division Director Risk Management O.kTB/Pum6asirg - � County Attorney Changes Date Out N -/--- — I viewe No , � '/ Yes No Yes Yes No 71/ Yes GNo' STATE OF FLORIDA. DEPARTMENT OF COMMUNITY AFFAIRS Contract Number: 10 WX- 7X- 11 -54 -01 -719 FEDERALLY- FUNDED WEATHERIZATIOY ASSISTANCE PROGRAM I AMERICAN RECOVERY AND REINVESTMEtiT ACT SUBGRA.NT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department "), and btonroe County Board of County Commissioners (hereinafter referred to as the "Recipient "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Department has statutory authority to disburse the funds under this Agreement. THEREFORE, the Department and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES The Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and shall end February 15, 2011, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal 'Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or O.'1B Circular No. A -110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87, "Cost Principles for State and Local Governments," O%IB Circular No. A -21, "Cost Principles for Educational Institutions," or O;�IB Circular No. A- 122, "Cost Principles for Nonprofit Organizations." if this Agreement is made with a commercial (for - profit) organization on a cost- reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. PaL 1 (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants 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 the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non -profit organization as defined in OMB Circular A -133, as revised, and in the event that the Recipient expends 5500,000 or more in Federal awards in its Fiscal year, the Recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT I to this Agreement shows the Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year. the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal a expended should be in accordance with the guidelines established by Pane 2 OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor Ceneral in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. if the Recipient expends less than 5500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised. is not required. In the event that the Recipient expends less than 5500,000 in Federal awards in its fiscal year and chooses 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 funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the Recipient to: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 [also send an electronic copy to aurilla.parrishCdca.state.fl.us] and Department of Community Affairs Weatherization ARRA Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at htti):/ /harvester census gov /fac /collect/ddeindex html And to any other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A -133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the Department at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 [also send an electronic copy to aurilla .parrish;udca.state.fl.us] and Department of Community Affairs Weatherization ARRA Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Pa <,,e 3 ( date due, send any reports, management letter, mother information required to be submitted to t Department pursuant to this Agreement in accordance with OMB Circular &-|]3. Florida Statutes, and Chapters |O.550 (local governmental entities) orlO.65O (nonprofit and bmr-ppnfitor�u�za�ooa). Rules ofthe Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered tothe Recipient when -submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A- 133 or Chapt 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, (i) if the audit shows that all or any portion ofthe funds disbursed were not spent iu accordance with the cond of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all fiands not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Department has notified the Recipient oy such uoo-compliuoce. (j) The Recipient shall have all audits completed 6yoo independent uenjG d 6l� � public either ucezdfied public accountant ozu public accountant licensed under Chapter 479,Fla. Sta . The IPA shall state t the audit complied with the applicable provisions noted above. The audit must 6e received 6y the Department uo later than nine months from t end ofthe Recipient's fiscal year. ( REPORTS (u) The Recipient shall provide the Department with monthly and semi-annual plus a close-out report. These reports shall include the current status and progress 6ythe Recipient and all aub/ccipicnts and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other intoonutioo requested 6y the Department. ( Monthly reports are due to the Department no later than 15 days after the end of each production period (first day through last day of each month) of the agreement period and shall 6c sent each month unt submission oy the administrative close-out report. (c) Semi-annual reports are due to the Department no later than 15 days after the end of each semi- annualperiod. The ending dates for each semi-annual period are September land March 3l. (d) The close-out report is due 30 days after termination of this Agreement or 30 days after completion of the activities contained bu this Agreement whichever first occurs. (e) If all required reports and copies are not sent to the Department or are not completed in a manner acceptable un the Department, dbcDcportoeutmuyv,izb6oldburthnzpayoeotsuotild6eyurecompletedormuytubc other action uo stated iu Paragraph (ll)REMEDIES. "Acceptable um the Department" means that the work product was completed io accordance with the Budget and Scope nfWork. (f) The Recipient shall provide additional program updates or information that may be required by the Department. (g) T Recipient shall provide additional reports and information identified in Attachment D. (8) The Recipient shall monitor its performance under this Agreement, as well m that ofits subcontractors and or who are paid from b'oda provided under this Agreement, to ensure that time schedules are being met. the Schedule of Deliverables and Scope of Work are being accomplished within |bespcci6ed time periods, and Page 4 other perfoonaoo goals are being achieved. A review shall hodone for each function or activity in Attachment Am this Agreement, and reported in the quarterly report, %) Lo addition m reviews nf audits conducted io accordance with paragraph (6)u6ovo.n�ouitodug procedures may include, but not be limited to, on-site visits by Department staff, Department-contracted monitoring entities nr other agents, limited scope audits, and/or other procedures. The Recipient agrees uu comply and / cooperate with any monitoring procedurcsl'proocyyeo deemed appropriate hy the Department. Io the event that the Department determines that o limited scope audit of the Recipient � a appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (y) LIABILIT (o) Unless Recipient ia o State agency or subdivision, ua defined 6u Section 76828,Fla. Stat. the Recipicotiaao|elyn:apozmihletopurdeaitdealendt6iucuoyiogoutdbe�rosof,6iaAgn:eoeo�oudabuU'6oldthc Department harmless against all claims of whatever nature by third parties arising from the work perfortnance under this Agreement. For purposes of this Agreement, Recipient agrees that itia not uu employee or agent ofthe Department, but iaau independent contractor. ( Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat~ agrees tobc fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth iu Section 768.28.Fla. Stat. Nothing herein ia intended tn serve oau waiver of sovereign immunity byany Recipient to which sovereign immunity applies. Nothing herein shall 6e construed uw consent 6yu state agency oz subdivision ofthe State of Florida to be sued by third parties in any matter arising out of any contract. (l DEFAUL lf any of the following events occur ("EvcmoofDefbult") all obligations oo the part oC the Department to make further payment of funds shall, if the Department elects, terminate and the Department has the option to exercise any of its remedies set forth io Paragraph (ll). However, the Department may make payments ozpartial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable tn make any further payment: (o) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants io this Agreement ur any previous ag/cemeotwith the Department and has not cured them in timely fashion, or is unable or unwilling m meet its obligations under this (b) If material adverse changes occur in the financial condition of the Recipient at any time ��� �,mnfd���mc�m�t�8��icmd�lsmcu�dds���c�n��d�o���� o t��� nnuccisscorbytboDcpu�ozoc writ — (u) If any reports required by this Aareement have not been submitted to the Department or have been submitted with incorrect. incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. Z, 1) REMEDIES If an Event of Default occurs, then the Department may, upon thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of such termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Department any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: I . request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities in question, or 4. require the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (0 Exercise any other rights or remedies which may be otherwise available under law. (g) Pursuing any of the above remedies will not keep the Department from pursuing any other remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any other default by the Recipient. (12) TERMINATION (a) The Department may terminate this Agreement for cause with thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Department may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. ( 1 c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement. Pa< 6 1 (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the 'errm nated Portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as Possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is d etermined. 3 \ OTICE AN CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Norm Gempel 2555 Shumard Oak Boulevard Telephone: (850) 488-7541 Fax: (850) 488-2488 Email: norm.gempel@dca. state. fLus 7N (c) The name and address of the Representative of the Recipient responsible for the administration of j this Agreement is: (Name) (Address) C) f1 Telephone: _3 Fax: 4 Email: ? AR AM si �/L . - _j) e "- �t( (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in (I 3)(a) above. (14) SUBCONTUCTS If the Recipient subcontracts any of the work required under this Agreement, a COPY Of the unsi=ed subcontract trust be forwarded to the Department for review and approval before it is executed by the Recipient. I Rec 'Pent agrees to include in the subcontract that (i) the subcontractor is bound by the terms of thi A� —, reement' C (i) the subcontractor is bound by all applicable state and federal Jaws and regulations, and (iii) the subcontracto shall holid the Department and Recipient harmless against all claims of whatever rat-are arising out of t he ��L bcontractor's performance of under this Agreement, to the extent allowed and required by ilaw. T shall joc it' the monthly rP the subcontr-actoCs :)-,o, r ss in pefforlZt is bC rk U-per :h;- For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Star (15) TER -NIS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. 416) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments (check all that are applicable): Exhibit 1 - Funding Sources Attachment A — Scope of Work and Budget Attachment B — Program Statutes and Regulations ® Attachment C — Recordkeeping Attachment D — Reports ® Attachment E — Justification of Advance ® Attachment F — Warranties and Representations ® Attachment G — Certification Regarding Debarment Attachment H — Statement of Assurances ® Attachment I — County Allocation ® Attachment J — Special Conditions ® Attachment K — Recipient Information Form (17) FUND INGICONSIDERATION (a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $417.460.39 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.18 1(16), Fla.Stat. and is contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. Any advance payment is also subject to federal OMB Circulars A -87, A -110, A -122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. An advance payment is requested in the amount of 8 (check and complete if applicable) (c) after the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to upend funds in accordance with the Budget and Scope of Work, Attachment A of this Vgreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under subparagraph (19) (h) of this Agreement, all obligations on the part of the Department to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Department. (13) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs" and mailed directly to the Department at the following address. Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399 -2100 In accordance with Section 215.34(2), Fla. Stat. if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of Fifteen Dollars (SS 15.00) or Five Percent (5 %) of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Department and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et sea. and the Florida Civil Rights and Fair Housing Acts (sections 7 60.0 t —760.37, Florida Statutes), 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. (t) A person or organization who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any Izoods or services to a public entity, may not submit a bid on a contract , a public entity for the construction or Page 9 repair ofopublic building or public work, may not submit bids on leases of real property mu public entity, may not be awarded or perform work asucontractor, supplier, subcontractor, or consultant under a contract with apublic ent and may not tr business the date nf being placed on the convicted vendor list orno the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its I. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions 6ya federal Department o«agency; 2. have not, within a 5-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, ur receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Orderul, state u« local) with 00000ioi000y any offenses enumerated io paragraph l9(g)2.of this cerbfioudou;and 4. have not within a 5-year period preceding this Agreement had one or more public transactions (federuL state or local) terminated for cause o/default. If the Recipient io unable to certify to any of the statements ioddoocrd6cuboo,t6eudhe8ccipieot shall attach uo explanation m this Agreement. Io addition, the Recipient shall send to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans tu fund under this Agreement. Such form must be received by the Department before the Recipient enters into a contract with any subcontractor. ( 6 ) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. ftat.o/ the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for u proper pn:audit and pootaudbthereof. U) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. S1a . (k) The Department nf Community Affairs reserves the right m unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter ll1Fla. Sta .. which the Recipient created oc received under this Agreement. (U If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (no) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained io 8U.S.C.Section }]24u(c) [Section 274A(e)uf the |mmigradno and Nationality Act ( The Department Page 10 shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the FNA shall be C, for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. StaL) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Star. (o) All unmanufactured and manufactured articles, materials, and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 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, the Recipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each such failure. (2 1) COPYRIGHT PATENT AND TRADEMARK ANY AND ALL PATEN RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT .ARE HEREBY RESERVED TO THE STATE OF FLORIDA. Page l I ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORNLINCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre - existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre - existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Department for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre - existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION The Recipient 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 Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. (24) SIGNATURE PAGE The execution of this Agreement by the parties is contained in the Signature Page which follows this page of the Agreement. Pay =e 12 STATE OF FLORIDA DEPARTMENT OF MNLtiiUNITY AFFAIRS FEDERALLY FUNDED StiBGRANT AGREEMENT SIGNATURE PAGE Contract Number: I OWX 7X- 11 -54 -01 -719 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth below. RECIPIENT DEPARTIMENT OF CON MONROE OUNTY BOARD OF COUNTY COMMIS ONE By: i Date MMAR � 7 za�Q B : / Y ( uthoriz Signature) ( thorize ignature) (Print lame) r Carruthers Mayor Pro Tem Title: _ Title: Director, Division of Housing and Community Development F I Aop 59 — 6 0001 +CK " , 1,� i L. K CLERK j DEPIJT CLERK y f AFFAIRS Date: )/ D P i;e 13 EXHIBIT — 1 0 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: Separately list the following information for each federal program from which the resources awarded to the Recipient originate: American Recovery and Reinvestment Act Weatherization Assistance Program Federal agency Dept. of Energy Catalog of Federal Domestic Assistance title: Weatherization Catalog of Federal Domestic Assistance #: 81.042 Award amount: 8417,460.39 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Separately list each applicable compliance requirement (eligible activities, service, or commodities; eligible recipients; etc.) and sped to which federal program each requirement applies: Compliance Requirement L Purposes resources must be used for: The Recipient will use these funds to perform energy saving repairs and installation of energy saving measures on low- income homes in its designated service area. These funds will be expended in accordance with the Scope of Work, Attachment A -2; Program Statues and Regulations, Attachment B -1; Record Keeping, Attachment C; Reports, Attachment D; Statement of Assurances, Attachment G; County Allocations, Attachment I; Special Conditions (When Applicable), Attachment J of this Agreement and applicable OMB Circulars. 2. Eligibility requirements for recipients of the resources: The recipient will comply with eligibility requirements as set forth in the Department of Energy (DOE) 10 CFR Part 440 Final Rule, applicable OMB Circulars and applicable ARRA guidance and requirements as provided by DOE during the agreement period. Program ARRA Weatherization Program Page 14 ATTACHMENT A SCOPE OF WORK In carrying out this Agreement, the Recipient will provide the necessary personnel, materials, services and facilities, except as otherwise provided herein, to carry out the program. The Recipient will have a designated individual, referred to by the Department as the WAP Coordinator, to be responsible for the following activities: A. Solicit, identify and qualify low-income residents within the Recipient's identified service area who have the need and desire for energy conservation assistance, The Recipient will make the services provided for under this Agreement available to all eligible clients in the counties to be served. B. During this contract period work performed on homes shall be completed in accordance with the Florida Priority List and supplemental Department and federal Department of Energy guidelines, unless the Recipient secures written permission from the Department not to. Each unit must be evaluated by using the Priority List Assessment and Testing (PLAT) inspection package, recording visual observations and measurements and performing required diagnostic tests, i.e., blower door, monoxor, gas analyzer, pressure pan and any other tests required as directed by the state weatherization office. This information will be maintained in the client file. When addressing a central heating and cooling unit which already exists in a home, the National Energy Audit (NEAT) or Manufactured Home Energy Audit (MHEA) must be used to determine replacement and appropriate sizing. Refrigerators may only be replaced if (a) indicated by metering (minimum 10% of refrigerators must be metered), (b) recommended by a NEAT or MHEA, or (c) according to Priority List guidelines. The Department also requires that the following measures be installed on every unit receiving energy conversation measures: low flow showerhead, faucet aerators, water heater blanket, water line insulation and air filters for heating and cooling units in accordance with the Procedures and Guidelines requirements. 39 C. The cost of labor, materials and program support for weatherization measures under this WAP agreement should not exceed $6,500 per house. (This average does not include the Health and Safety ("H&S") $600 that may also be Y expended. If WAP/Low-Income Home Energy Assistance Program funding is also utilized, the H&S amount may only be charged to one program.) D. When the Recipient WAP Coordinator has determined the weatherization activities to be performed on a home, the measures to be addressed will be listed on the Client/Agency Pre-Work Order Agreement Form. The work to be performed will then be discussed with the client, along with addressing the included disclaimer language regarding mold and moisture. Also a copy of the Lead Notification pamphlet and the Mold and Moisture pamphlet will be provided to each client. Then both the client and the coordinator will sign and date the form. Once this form is signed, work may commence. E. The Recipient is responsible for supervising, monitoring and ensuring the quality of all work by staff, volunteers and subcontractors. The Recipient shall provide the Department with documentation and reports as required by this Agreement as well as other information related to this project as may be specified by the Department. F. The Recipient WAP Coordinator shall conduct a final inspection and certification that all work listed on the Building Work Report (BWR) was performed on the home according to program guidelines. If all work meets program guidelines and local building codes, and applicable permits have been pulled, the WAP Coordinator and client will sign and date the BWR. G. The Recipient WAP Coordinator shall coordinate with the Department's field monitor contractor to perform an inspection of at least 509/o of the dwellings weatherized in a production period (F' day to the last day of a month) that are -slated to be reported. This inspection should be completed by the last day of the production period. Dwellings requiring corrective measures in order to achieve compliance will be required to be revisited by the field monitor. No completed inspected dwelling that has not achieved compliance will be submitted to the Department for reimbursement, 15 ATTACHMENT A SCOPE OF WORK )LND BUDGET ,4 SCOPE OF WORK H. The Recipient WA-P Coordinator will coordinate with the Department's field monitor contractor to perform an inspection of 100% of the client files for all completed dwellings to be submitted in a production period. A client file that is not in compliance will not be included in the monthly production report. 'Non-compliant client files must have corrective action completed and be re-inspected for compliance before being submitted on the monthly report, I. The Recipient WA-P Coordinator will coordinate with the Department's field monitor contractor to review for accuracy the Client Intake Form and Building Work Report data that is entered into the agency's monthly reimbursement request via the eGrants reporting system. No request for reimbursement may be submitted until all Client Intake and Building Work Report data has been confirmed for accuracy. J. The Recipient will provide the following per month estimated Production Goals for the Agreement period. 'Varch 2010 -a April 2010 L May 2010 June 2010 3 July 2010 August 2 September 2010 October 2010 5 November 2010 December 20 10 S' January 2011 57 February 2011 Total Production Yet t Yx kL(A k FTACHMENT A (Continued) a - 4 - (FC " Fee For Service Summary and Detail Reporting Instructions 11 T From the Financial Status Report Form Current Month Totals To Date (A) (B) 1. a) Material (Calculated from Building Work Reports b) Labor (Calculated from Building Work Reports 2. Fee for Service (30% of Lines 1A - I B) (C=alculated from material and rts labor totals reported on Building Work Reports submitted) 3. Total: (Lines l a — lb + 2 from column A) (C (Cannot exceed eed average o S6,500 per dwelling) ,4. Health & Safety - (From Building Work Reports - cannot exceed $600 per dwelling without Department's written/email approval) i 5. Comprehensive Annual Audit (1 12 per month '6. Training & Technical Assistance 6. (b) Equipment 7 7. Liability Insurance 8. Subtotal (Co lumn A - Line l a, lb, 2 plus lines 4 through 7) [ '9 Administration (Line 8 x 5.25%) (Can be less than 5.25% but may not exceed 5.25%) 10. Totals (Lines I A — 9A and 1 B — 913) ( Note: 10 B can not exceed Total Agreement Amnnntl La) -MATERIAL: Calculated from Building Worjer Reports. b) #LABOR: Calculated from Building Wo5l"'keports. L ABOR: 2. FEE FOR SERVICE: (30% of Lines 'I + 1 B) (Calculated from material and labor totals reported on Buildin C Wor ork Reports submitted.) 3. TOTAL: Lines l a, lb, and 2: amount cannot exceed the average of $6,500 per dwelling reported. 4. HEALTH AND SAFETY,- ENERGY-RELATED MEASURES HAZARD ABATEMENT ONLY. HEALTH 5. COMPREHENSIVEANNUAL AUDIT: This is for the pro rata share of the agency audit charged to each program. The Recipient may bill on a I/ 12th of the cost of the audit per month or on a quarterly basis (written notification required to be provided to consultant for quarterly option). f 6• TRAININGAND TECHNICAL ASSISTANCE: These reported costs will not be j reimbursed without prior w r i tten a rdval for activity from the Department. 6 (b) EQUIPMENT: These reported costs will not be reimbursed without prior written approval for purchase from the Department. 7. LIABILITY INSURANCE: Liability, Bonding (for the pro rata share of the agency insurance coverage charged t etch program) and Pollution Occurrence Insurance. SUBTOTAL: Lines la, I b, 2 plus lines 4 through 7. 9. , "I i ADNJINISTRATIO.N: Line 8 x 5.25 (Can be less than - but may not exceed . 0. TOTALS: Columns A and B. i - ATTACH.MEtiT B PROGRAM STATUTES AND REGULATIOtiS Both the Recipient and the Department shall be governed by applicable laws and rules, including but not limited to: A. Pub. L. 94 -385, Part A, Title IV ( "Energy Conservation and Production Act of 1976 "); the Omnibus Budget Reconciliation Act of 1981, Title XXVI of Pub. L. 97 -35 (Low- Income Home Energy Assistance Act of 1981); Title II, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96 -619); Title V, Subtitle E, of the Energy Security Act of 1981 (Pub. L. 96- 294); and Chapter 163, Fla. Stat. ; Florida Chief Financial Officer _Memorandum No. XXX , American Recovery and Reinvestment Act (ARRA) Requirements (2008 - 2009); American Recovery and Reinvestment Act of 2009 (Public Law 111 -5); Federal Central Contractor Registration ( http:/,Iwww.ccr.gov/ ); 2 CFR Part 176, Requirements for Implementing Sections 1512, 1605 and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards; Schedule of Expenditures of Federal Awards ( httg : / /w /statewide financial reportingifinancing htm B. All federal statutes relating to nondiscrimination including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicaps; 4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101- 6107), which prohibits discrimination on the basis of age; 5. The Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7. Subsections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to non- discrimination in the sale, rental or financing of housing; and 9. The requirements of any other nondiscrimination statute(s) which may apply to the Weatherization Assistance Program. 10, The Americans with Disabilities Act of 1990, Public Law 101 -336 (42 U.S.C. Sections 12101 through 12213). C. Executive Order 11246, entitled "Equal Employment Opportunity ", as amended by Executive Order 1 1375, and as supplemented in Department of Labor Regulations (41 C.F.R. Part 60). D. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42 U.S.C. 1857 et seq.) and the federal eater Pollution Control Act as amended 03 U.S.C. 1251 et seq.). l8 ATTACH.MENT B (Continued) PROGRAM STATUTES AND REGULATIONS E. The Recipient will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4081 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. F. The Recipient will assist in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.) G. In compliance with 10 C.F.R. Subpart E, Part 1036.510 (Appendix B), the Recipient certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared eligible, or voluntarily excluded from participating in this Agreement by any Federal Department or agency. H. The Recipient shall screen applicants for program eligibility under 1986 Immigration and Nationality Act, as currently amended. I. Recipients which procure $10,000 or more of insulation products annually are required to put into effect an affirmative procurement program to insure the purchase of insulation products composed of the highest percentage of recoverable materials practicable, taking into consideration competition, availability, technical performance and cost in accordance with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, and guidelines promulgated by the Environmental Protection Agency. J. All applicable federal rules, regulations and guidelines including 10 C.F.R. Part 600, and all applicable OMB Circulars, as revised, as they relate to the application, acceptance, and use of federal funds under this Agreement. K. Other applicable federal and State laws, rules, regulations and guidelines. L. There shall be no religious worship, instruction, or proselytization as any part of, or in connection with, the performance of this Agreement. M. The Recipient certifies that neither its organization nor any member of the staff is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." The contractor may not make any subcontract to a debarred or suspended party. A current listing of such parties is maintained by the Department for review. N. Before beginning work on any dwelling, the Recipient shall have: 1. Documentation of client income eligibility in accordance with the most recent federally established Poverty Income Guidelines. Client income verification must be conducted within 180 days prior to the date the work begins. 2. Documentation of authorization from the owner of the dwelling or his authorized agent. 1 Documentation of proof of ownership. 4. Agreement with the owner of rental property assuring compliance with 10 C.F.R. Part 440.22, 19 ATTACHMENT B (Continued) PROGRAM STATUTES AND REGtiLATIONS O. INTEREST ItiCOME: Except as provided for advance payments, the Recipient may temporarily invest grant funds, but any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. Any interest income earned by the temporary investment of these grant funds that is not applied against the Department's obligation to pay shall be returned to the Department at the time of submission of the final close -out report. P. PROGRA 'vI INCOME: Recipient may apply net program income, after costs incident to the generation of gross program income are deducted, excluding interest income, to meet matching requirements, or may reprogram it for eligible program activities in accordance with Rule Chapter 98 -24, Florida Administrative Code. The amount of program income and its disposition must be reported to the Department at the time of submission of the final close- out report. Expenditure of program income balances at contract end must be approved by the Department. Q. APPEALS SYSTEM: Recipient must have a written appeals system adopted by the Board of Directors, posted in the client intake area of the Recipient's agency, and a copy provided in writing to those applying for services. In the event of a complaint/appeal, the complaint/appeal shall first be heard by the: G c � Cn_ f - A i Oj t?�7f (Title of Position) Should the first design { a�ted party be unable to resolve the difficulty, the second complaint/appeal will be heard by: i T G��l�r''f' 5c of Position). Should the second level complaint/appeal be unable to resolve the difficulty, the final hearing will be held by: D I t _ C401 " C C" -c (Committee or Full Board). All complaints received by the Department will be referred to the Recipient. R. All WAP subgrantees will following the procedures and guidelines provided in the Florida WAP Manual. Programmatic and guideline changes during an agreement period will be provided to all subgrantees through a State Weatherization Program Notice and are to be considered as updates and become effective upon the date indicated on a Program Notice. The State Program Notice will be sent to the Recipient by mail and email to the addresses stated in Paragraph Thirteen of this Agreement. S. Because of the additional accountability requirements and enhanced scrutiny associated with American Recovery and Reinvestment Act (ARRA) funding and operations in general and the WAP in particular, the Department must be prepared to replace service providers not meeting production goals or compliance requirements quickly. To that end, the Department intends to pre - qualify service providers who could step in and administer this program if an existing provider needed to be replaced. In order to find new service providers, the Department will advertise and hold a public meeting in a service area to seek an interested public or private nonprofit entity to be considered for designation as an eligible provider of ARRA WAP services in that specific service area. The subgrantee selection criteria of the C.S. Department of Energy (1 CFR 440.11) will be followed for this pre - qualifying process. If a new service provider is required at the time the Department needs to contract for ARRA WAP services, the Department will contract with the service provider who has been pre- qualitied by the solicitation process. ATTACHMENT B (Continued) PROGRAM STATUTES AND REGULATIONS T. All WAP subgrantees shall comply with the ARRA 2009 -2012 WAP State Plan, Annual File Narrative, as set forth below:. Liability Insurance All Recipients and subcontractors are required to have sufficient liability insurance coverage for performing weatherization- funded activities. In addition, Recipients must have Pollution Occurrence Insurance (POI), whether included, added to, or a separate general liability insurance policy. Costs may be charged as a separate line item on the Financial Status Report. Recipients must ensure that each private contractor is adequately insured (to include POI) or covered by the Recipient policy. Documentation to substantiate all insurance coverage will be reviewed during monitoring visits. Failure to have adequate insurance coverage may result in all reimbursement requests being withheld until compliance is met. Training and Technical Assistance Plan (T &TA) T &TA activities are intended to maintain or increase the efficiency, quality, and effectiveness of the Weatherization Assistance Program at all levels. Such activities should be designed to maximize energy savings, minimize production costs, improve program management and crew /contractor "quality of work," or reduce the potential for waste, fraud, abuse, and mismanagement. Part of the state's assessment of T &TA needs will be the an going review of monthly production and expenditure reports. Although historically the state has not required any specific certification or experience for local service provider employees who perform inspection/diagnostic testing procedures or conducted formalized training for contractors authorized to carry out weatherization activities, the initial ARRA WAP agreement will include inspector training requirements for all subgrantee staff who will participate in the dwelling inspection process. Determining Eligibility Levels and Defining Income The ARRA increases the income eligibility threshold for U.S. Department of Energy ( "DOE ") Weatherization from 150 percent to 200 percent of the poverty income guidelines; therefore, these changes will be reflected in the ARRA WAP 2009 subgrant agreements. Recipients must maintain records documenting weatherization assistance recipients' eligibility. Recipients will be required to reimburse DOE funds if it is determined that the family unit occupying the residence was not eligible for weatherization assistance at the time such services were provided. The Economic Stimulus Act of 2008 provided rebate checks to qualifying individuals and families. With respect to those payments, the IRS emphasizes that stimulus payments will not count toward or negatively impact any other income -based government benefits such as Social Security benefits, Food Stamps, and other programs. Therefore, for the purpose of WAP, the rebate checks issued under the Economic Stimulus Act of 2008 will NOT count as income when determining eligibility. Determining Priority Service Recipients will continue prioritizing services to clients based upon the DOE - recognized classifications of `'elderly, persons with disabilities, families with children under 12 years old, household with a high energy burden and high residential energy user" in their "priority of services" point system. To assist with determining which clients meet the last two classifications, a Memorandum of Understanding ( 'VIOU) between the WAP and the LIHEAP Recipients serving the same geographical area is required All WAP Recipients will coordinate with their local LIHEAP provider to develop a referral process and targeted number of clients to serve. A minimum of I Vlo of the clients receiving weatherization services through WAP during PY 2009 will be LIHEAP referrals. 21 ATTACHMENT B (Continued) PROGRAM STATUTES AND REGULATIONS Vehicle Purchase Recipients are able to spread the large cost of purchasing vehicles and/or certain equipment, with an acquisition cost of S5,000 or more over the entire life of the vehicle and the number of homes served during that period. However, a proportionate share of the amortized cost of purchasing vehicles must be included as a part of the cost for weatherizing each home. DOE allows for determining the average cost per unit by including only that fraction of the cost of a new vehicle which is actually "used " during the current year. Recipients should consider and weigh the options on Leasing versus lease- purchasing. DOE does not need to approve a vehicle lease. But, if a lease - purchase option is proposed and even if the purchase price is as small as one dollar, DOE would need to approve the purchase of the vehicle. In order for a Recipient to use a purchase or lease - purchase option, specific information must be collected and submitted to the Department for review prior to submission to DOE for approval. The Department has developed a vehicle purchasing guidance packet and forms that must be completed for this activity. Contact the Department to receive this packet. Prevailing Wages All laborers and mechanics employed by contractors and subcontractors on projects funded by ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor and in accordance with 40 U.S.C. § §3131 - 3148. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan numbered 14 of 1950 (64 Stat. 1267, 5 U.S.C. App.) and 40 U.S.C. 3145. See U.S. Department of Labor, Wage and Hour Division website at httz://www.dol.goy/esa/whd/contracts/dbra.htTn Wage determinations can be found at hqp: / /www.wdol.gov The Department or its representative will review compliance with prevailing wages guidelines during onsite monitoring visits and will require a semi - annual survey report form be completed by all Recipients. This information will be submitted through the web -based eGrants system. The following is the U.S. Department of Energy Weatherization Program Notice 09 -9, which provides guidance on implementation of the Davis -Bacon Act Prevailing Wage Requirement in the American Recovery and Reinvestment Act of 2009: Effective: July 21, 2009 - To issue guidance to Weatherization Assistance Program participants, on implementing Davis -Bacon Act (DBA) requirements associated with the expenditure of American Recovery and Reinvestment Act of 2009 (Recovery Act) funds. The Department of Labor (DOL), Employment Standards Administration, Wage and Hour Division (WHD) has issued guidance on applicability of DBA requirements to all agencies engaged in funding projects for construction, alteration, and/or repair funded in whole or in part by funds appropriated under the Recovery Act, and has issued guidance to the Department of Energy's (DOE) Weatherization Assistance Program in particular. Those DOL documents are attached hereto for your convenience. The instant memorandum is intended to provide you with the DOL guidance and to amplify that information as may be appropriate for our circumstances. It does not modify or replace the DOL guidance or any requirements or terms and conditions contained in the grant instrument. DISCUSSION: The Department of Energy Weatherization Assistance Program The Weatherization Assistance Program was established in 1976. The program has historically not been subject to the DBA prevailing wage requirements. However, on February 17, 2009, President Obama signed the Recovery Act to jumpstart the economy by saving and creating jobs, and to foster weatherization and energy efficiency efforts and achieve other goals. Section 1606 of the Recovery Act specifically requires that all laborers and mechanics employed by contractors and subcontractors on any project "funded directly by or assisted in whole or in part by" Recovery Act funds be paid prevailing wages as determined by the Secretary of Labor. Thus, Weatherization Assistance projects funded or assisted in whole or part by Recovery Act funds are now subject to DBA prevailing wage requirements. 22 ATTACHMENT B PROGRAJI STATUTES AND REGULATIONS Accordingly, contractors and subcontractors must ensure that any laborers and mechanics employed on projects funded massisted in whole or in part by Recovery Act funds are paid prevailing wages as determined� Secretary nf Labor for construction, alteration, and repair (including painting and decorating). Grantees and subgronteex. with the exception of state and local governments, that use their own employees uo perform this work, will also pay these employees the DDA prevailing wage rate. [f the entity receiving Recovery Act assistance for such projects contracts out the veutlerizudou work, d must ensure that the DBA requirements flow down to the entities that employ laborers and mechanics tbatdothenmrk. On projects where DBA prevailing wage requirements must be paid, the requirements set out in the DOL regulations ut2qCFRParts 1, 3, and 5 are applicable. In accordance with 29 CFR Part 1, Federal agencies directly contracting for weadericudoo projects oo providing assistance under the Recovery Act to other entities for such projects must include the standard DB/\ contract clauses found iu20CF}l5.j(a)iutheir bid solicitations, assistance ugreements and �o:ouldo�cuo�ac�aod�oo�ca`aodo�x�n:gu��dm�dmoe orqubeme�sflovvdown to any 000�uctooc ' � subcontracts for the performance of the work. The recipient nf the Recovery Act fho6xim responsible for the compliance by its subgrantees, contractors and their subcontractors with all of these contract clauses. DOE is responsible for ensuring that the applicable wage determinations are included iu bid solicitations, assistance agreements, and the resulting contracts and grants. DOE is working with DOL to ensure that wage deterininations for weuthedzudnu projects accurately reflect the local prevailing wage rates and fringe 6eucfitafor this work. To this end, the Wage and Hour Division (^^VYRD'') Administrator may issue uweutbcdz¢ioo wage determination after a contract has been awarded or after the beginning of construction. Pursuant to 29 CFR § 1.6(f),ifit is determined that uuinaccurate wage determination has been incorporated into a grant or contract, the proper wage determination, as issued by the WHD Administrator, will be incorporated into that contract or giant retroactively to the beginning of/\lDRA assisted o« funded construction. The contractor/subcontractor and gruut e/xuhgraut eouumt6e compensated for any increases iu wages resulting from such change. bzthe event of such u change you may use Recovery Act funds to cover the cost of the adjustments. Until DOL issues prevailing wage determinations for weatherization workers in your area, you may use Recovery Act funds to begin weatherizing homes so long as you pay ut least the wage amounts currently listed construction or other specific category that you believe io most similar oo the work performed by your employees o/ those of the contractors you utilize. Please also note that the rates posted ut the D0L site are minimums. Please note that weatherization work will be defined by DOL's survey and may not apply to the work performed by all of your employees. For example, replacement of HVAC systems by licensed contractors most likely will not be considered *eac6ecizadou work. The wage determination for this work will 6e listed under another labor oategory The wage auneybeing conducted hyDOLimcoUcct���damouuD � B��Cnw6cclud� installing � \/'� o��8C� iosruUiugduct work, and iuxtu8iugthe pipe. The oun'eyia asking for the clusmiGoad perform unit, ~ and for u description of the scope uf the BV/\C work performed ou the jobs. From this, the survey results will determine the classification(s) and rates"firinge benefits that will be paid to the worker(s) who perform HVAC work and will specify on the wage determination the scope of the work performed. For instance, b may 6om v'cut6rhzudooworke/. BYAC mcc6uoic, p|umo6cr, pipefirtec or sheet metal pmrkzc The survey results will Jercrodoe vvbickolaxoificudnn(s) do the work. DOE and others have suggested that the classifications and wage rates/fringe benefits on the current residential wage determinations are not applicable to p'eudbcrizudoox/ork. DOL is working to ensure that vvogc determinations for work onvvem,6edza/ioo projects accurately reflect the local prevailing practice for this work. To this eod ' /be��8D Adoinis�sunrutD0L may issue u after onn�aotav,ardoru�rr the beginning ofcnu� ~oodoo If the agencies proceed without uo applicable ncurhcdzadoo wage determination io their projccts then they risk having a back vvogeliub3ityafter D0Lcompletes its survey and issues applicable rveut6crizod deneooioudnos.T6cmzisnov'uyum determine prior tu the comp}ebouo[ the survey and prcvoUi � �v,ugc determination process whether the weatherization wage survey will collect sufficient information for WHD to 23 ATTACHMENT B (Continued) PROGRAM STATUTES AND REGULATIONS produce a separate rate for HVAC work or whether that work is performed by a weatherization mechanic, plumber, pipefitter, sheet metal worker, etc. There are no standard national classification definitions under the Davis -Bacon program. The classification of work that performs the work in question is based on the prevailing practice in the area. It is imperative that Davis Bacon wage stipulations be inserted into all contracts in which Davis Bacon applies and that the contractors working on these projects maintain accurate and complete weekly certified payrolls from the start of construction. Pursuant to 29 CFR § 1.6(f), if an inaccurate wage determination or no wage determination has been incorporated into the grant or the contract, the proper wage determination, as issued by the WHD Administrator, will be incorporated into the contract or grant retroactively to the beginning of construction. The certified payroll records submitted prior to the inclusion of the proper wage determination must be reviewed and any employees paid less than the determined wage rates must be compensated the difference for all hours worked on the project. In addition, the contractor must be compensated for any increases in wages resulting from such change. For States, the costs associated with DBA compliance can be charged either as an administrative cost or as a training and technical assistance cost. For local agencies, these costs must be charged either as an administrative cost or as part of program operations. States should contact their respective DOE Project Management Center for specific guidance on how to appropriately charge these costs. Grantees /subgrantees and contractors /subcontractors must attach the applicable wage determinations to the bid solicitation, assistance agreement, and resulting contract or grant. A grantee or subgrantee and contractors /subcontractors contracting out work on a covered weatherization project must provide the wage determination to the contractors or subcontractors 10 calendar days prior to soliciting bids. Once a project becomes subject to DBA requirements and the accurate (as stated in the above paragraph) wage determinations are obtained and incorporated into a bid/contract, then those wages are applicable for the entire project. If an ongoing construction project which was awarded prior to the Recovery Act or which was not assisted or funded in whole or part by Recovery Act funds does become subject to Recovery Act funding, the agency will insert the appropriate wage determination(s) in relevant contracts and federal assistance agreements effective as of the date the Recovery Act assistance is approved for use on the project. The determinations will then need to be included in any contracts or subcontracts for the covered work. Projects that are already subject to Davis -Bacon labor standards would not require application of a new Davis -Bacon wage determination upon receipt of Recovery Act assistance unless such assistance is for work not contemplated under the existing contract for construction or in the circumstances outlined above where the WHD Administrator issues a new wage determination. In addition, grantees / subgrantees and contractors /subcontractors on weatherization projects funded or assisted in whole or part by Recovery Act funds shall maintain payrolls and basic records relating to payroll during the course of the work and preserve them for a period of three years thereafter for all laborers and mechanics working on the project, or as designated in the grant document. They must also ensure that all laborers and mechanics on a project funded or assisted in whole or part with Recovery Act funds are paid on a weekly basis and must submit weekly certified payroll records to the contracting and administering agency. Training DOE has completed an initial round of national webinars training on Davis -Bacon implementation for State and local agencies. Davis -Bacon training sessions also were conducted at the DOE Weatherization Assistance Program National Conference held July 20 -23, 2009 in Indianapolis. This training was designed to provide all attendees with a general overall knowledge on compliance with DBA. The state of Florida will be providing training on Davis - Bacon for their provider agencies. 4 ATTACHMENT B (Continued) PROGRAM STATUTES AND REGULATIONS COtiCLUSION' DOE is committed to ensuring that the Recovery Act meets its dual objectives of creating thousands of new jobs and of bringing about the weatherization of more than 525,000 low- income households over the next three years. DOE will provide any additional assistance needed and will address any issues that may arise in order to ensure that those goals are met. To this end, DOL, with assistance from the DOE, is developing project wage determinations that accurately reflect the classifications used and wage rates paid on residential weatherization projects. These new wage surveys are being conducted on an expedited basis. Once completed, project wage determinations, specific to weatherization work in residential buildings will be issued to DOE for incorporation into the grant and contract documents. Administrative If the state determines that additional or replacement service providers are necessary, the following guidelines outlined in 10 CFR 440.14, State Plans, and 10 CFR 440.15, Recipients, apply: a) The State shall ensure that: (1) Each Recipient is a CAA or other public or nonprofit entity; (2) Each Recipient is selected on the basis of public comment received during a public hearing conducted pursuant to 10 CFR 440.14(a) and other appropriate findings regarding: (i) The Recipient's experience and performance in Weatherization or housing renovation activities; (ii) The Recipient's experience in assisting low - income persons in the area to be served; and (iii) The Recipient's capacity to undertake a timely and effective Weatherization Program. (3) In selecting a Recipient, preference is given to any CAA or other public or nonprofit entity which has, or is currently administering, an effective program under this part or under Title 1I of the Economic Opportunity Act of 1464, with program effectiveness evaluated by consideration of factors including, but not necessarily limited to, the following: (i) The extent to which the past or current program achieved or is achieving Weatherization goals in a timely fashion; (ii) The quality of work performed by the Recipient; (iii) The number, qualifications, and experience of the staff members of the Recipient; and (iv) The ability of the Recipient to secure volunteers, training participants, public service employment workers, and other Federal or State training programs. (b) The State shall ensure that the funds received under this part will be allocated to the entities selected in accordance with paragraph (a) of this section, such that funds will be allocated to areas on the basis of the relative need of low income persons for a weatherization project. (c) If DOE finds that a Recipient selected to undertake Weatherization activities under this part has failed to comply substantially with the provisions of the ARRA or this part and should be replaced, such finding shall be treated as a finding under 10 CFR 440.30(i). (d) Any new or additional Recipient shall be selected at a hearing in accordance with 10 CFR 440.14(a) and Upon the basis of the criteria in paragraph (a) of this section. (e) A State may terminate financial assistance under a subgrant agreement for a grant period only in accordance with established State procedures that provide appropriate notice of the State's reasons to the Recipient. 25 ATTACHMENT C A. Information tobcmaintained in the file for each client shall include, but not be limited tothe following. l) Client Intake Form (signed 6y the client and dated) 2) Copy of photo keudficad000fclient 3) Client Selection ( Criteria Form 4) Copy of the Client signed and dated CnonpUuot�Appmul Procedures Form 5) Copy of Social Security Cards 6) Documentation of Income for all members of the household 7) Documentation nf Ownership o/ Landlord Agreement (when applicable) 8) A copy of the completed Priority List Assessment and Testing (PLAT) forms V)A copy of the first page of the National Energy Audit (NE}kT)or the Manufactured Home Energy Audit (MBBA) when replacing central 8VAC units ocif used for refrigerator replacement justification |O) Copy of the signed and dated Client/Agency Pre-Work Agreement Form il) Copy of client utility bill for the month preceding work being performed 12) Building Work Report (BWR) (signed 6y the client and inspector and dated) 13) Invoices and payment vouchers 14} Copies of any required building permits 15) Copy of client utility bill for first full month after work has been completed B. When the Recipient W&9 Coordinator has determined the weut6crizudou activities m6e performed oou6ome �emeasures m U 6 � u6 dz�naodn� 6 elio/edouuClicu�&geocypo:-�Yozk8cderA�ecmeutForoz The r�nktu6c performed will then bo discussed with the client, and both the client and the coocd6zuocn'iU � the Once this m�ix signed, work oxg'c0000euoeand u copy ofddm form must 6e placed — in�e client �b:. ' C The Recipient will be required to collect all Davis Bacon or Prevailing Wage compliance information from contractors utilized under this agreement. Details of the information oobc collected and the frequency ofsubmitting that information to the Department, will be provided in a State Weatherization Program Notice. D. The Recipient will be required to collect additional DOE required information and data b�um6c l��d�d�� ~~~~~� ^ Jobs created using state contractors . Jobs retai with state contractors ^ Jobs created at the local agency level , Jobs retained at the local agency level ~ Jobs created using local agency contractors ^ Jobs retained with local agency contractors ^ Hours trained at the local agency . Equipment purchases exceeding $5 26 ATTACHMENT D A. Monthly reports are due to the Department by the 15th of each month. The Recipient shall submit the Financial Status Report (FSR) via the eGrants reporting system. In addition, the Recipient will fax to the Department a signed copy of the FSR along with a Capacity Budget Cost Itemization (CBCI) form. The CBCI will support the charges reported in the Fee For Service category on the FSR. B. Semi - Annual Success and Leverage Reports are due to the Department on or before October 15 and April 15. 1) On the Success Reports, all subgrantees are to document and report the energy savings realized through program services by recording the most recent utility bill prior to commencing weatherization work on at least five clients' homes, and then contact those clients the first full billing month cycle after work is completed to obtain the post - weatherization utility bill amount. Also, copies of any correspondence received from clients should be included. 2) On the Leverage Reports, all subgrantees are to document all sources of leverage activities and include the amount of funds utilized on all homes during the six month period. Donation of materials or volunteer labor should also be included in this report. C. Monthly Davis Bacon or Prevailing Wage compliance reports and supporting documentation will be due to the Department — frequency and extent to be determined by the Department. D. A Progress Report will be due to the Depa minimum, the following information: • Jobs created using state licensed contractors • Jobs created at the local agency level • Jobs created using local agency contractors • Hours trained at the local agency rtment (frequency to be determined by the Department) to include, at a • Jobs retained with state licensed contractors • Jobs retained at the local agency level • Jobs retained with local agency contractors • Equipment purchases exceeding $5,000 E. Other ARRAtDOE Reports as needed. Note: DOE or the Department will provide guidance regarding the calculation of jobs created and the methodology for calculating energy savings. F. The Close -out Report is due to the Department on or before :March 15, 2011. G. Failure to submit all required reports as outlined in Section A through F above by the required due dates may result in the withholding of any pending or future payments until the reports are received. Reports and notices must be submitted to: Department of Community Affairs Division of Housing and Community Development Weatherization Assistance Program 2555 Shumard Oak Blvd, Tallahassee, Florida 32399 -2100 Fax: (850) 488 -2488 H. The audit is due nine (9) months after the end of the fiscal year of the Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. 1. Hand delivered reports must be date stamped in by Department staff. Each report form shall be signed by the Recipient's designated agent. J. Utilization of the eGrants reporting system is mandatory for all WAP subgrantees. 27 ATTACHMENT E JUSTIFICATION o f ADVANCE PAYMENT RECIPIENT: �r � t� C� 3t'c t x11 l�u rYL t S i G rl s2� 5 `�Cc:j e r v Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.1 81 (16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the Recipient within the initial three months of the Agreement. a NO ADVANCE REQUESTED ❑ ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. REQUEST FOR ADVANCE ❑ Recipient has circumstances that require an advance in the amount estimated and justified below. ADVANCE CALCULATION A. Homes expected to be completed in first three months of Agreement: B. Line A times $6,500: C. Equipment, training, audit and insurance expenses in first three months: D. Subtotal of Lines B and C: E. Administrative expenses, 5.25 percent of Line D: F. Advance Requested (Total Lines B, C and E): E`{PLANATIt7N C)F EXCEPTIONAL CIRCUIIST. tiCES "IF RE UESTONG 1C)RE THAN LINE F Note: All advance requests must provide w itten justification and a budget for the first three months of the .-agreement. ATTACHMENT F W- RRANTIES AND REPRESENTATIOtiS Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Com etp ition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 29 ATTACHMENT F WARRANTIES A, \D REPRESENTATIOtiS Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 9:00 a.m. through 4:00 p.m , five days a week. Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 0 ■ ATTACHIIENT G Certification Regarding i Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, (name of subcontractor), certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency. (2) Where the Contractor's subcontractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. r (Sub- Contractor's Name) (Authorized Signature) 's Name) Date: (Print Name and Title) (Street Address) (type h ere (DCA Contract Number) (City, State, Zip) ATTACM4ENT x STATE1IEtiT OF ASSURANCES The Recipient hereby certifies to the truth and accuracy of the following: A. Its governing body has duly adopted or passed as an official act, a resolution, motion or similar action authorizing the filing of the contract, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief executive to act in connection with the agreement and to provide such additional information as may be required. B. Contractors' and subcontractors' licenses must comply with state and local laws, ordinances and regulations, and shall be appropriate and adequate to cover each of the tasks being performed pursuant to this Agreement and any subcontracts under this Agreement. The Recipient shall maintain copies of all contractor and subcontractor licenses (current for the program year when the work is performed), as well as a copy of each contractor's liability insurance policy. C. units of local government, Indian tribes and non - profit organizations shall secure and maintain such insurance as may be necessary for protection from claims under Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. D. Priority in selection of clients will be given to (1) the elderly, (2) persons with disabilities, (3) households with children under twelve, (4) households with recurring high energy bills and (5) high energy burden (Low- Income Home Energy Assistance Program referrals). E. The Recipient shall give priority to units served in order of preference as follows: 1. single family owner occupied units, 2. single family renter occupied units in buildings up to five units, 3. multi - family units (5 units or more per building), with 10% owner participation, 4. multi - family units (5 units or more per building), without owner participation in cases where the landlord can document an inability to pay the required 10 %. F. To the maximum extent practicable, the use of services provided under this Agreement shall be coordinated with other Federal, State, local, or privately funded programs in order to improve energy efficiency and to conserve energy. G. The Recipient will permit attendance by the Department's representatives at any meetings of the Recipient's Board of Directors, executive committee or legislative body. H. The Recipient will permit on -site program evaluation by the Department of Energy, the Department's field representative and by technical assistance groups assigned by the Department. The Recipient will also allow inspection, verification, and audit of financial transactions and records by staff or agents of the Department, the Comptroller's Office, legislative or federal auditors, and Department of Energy personnel. I. In order to ensure that no undue or excessive enhancement takes place on renter occupied units, the Recipient shall require that the landlords of buildings with five or more units, or any combination of buildings with an aggregate total of five units or more, that receive services under this contract will pay ten percent (10 %) of the total cost of the work performed. The landlord's participation may be waived or reduced if they can document in writing that they cannot afford to participate. A written agreement between the Recipient and the landlord detailing the landlord's commitment and legal responsibilities will be executed after pre - inspection and work determination has been completed and prior to work beginning on the unit and a copy of this agreement maintained in the clients) file. ATTACHMENT I COUNTY ALLOCATIONS The financial allocation specified for each county by program is designated to be spent in that county. For recipients 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 the Department. This request must justify the lack of need of program services in that county. Funds may not be expended in another county without prior written approval of the Department. COUNTY Monroe ALLOCATION $417,460.39 33 E ATTACHMENT J SPECIAL CONDITIONS The Recipient will be evaluated monthly in regard to meeting production goals provided in Attachment A, Scope of Work, of this Agreement, submission of complete and accurate reports on time as indicated in Attachment D of this Agreement, compliance with Weatherization Assistance Program (WAP) Procedures and Guidelines as contained in the Florida WAP Manual, and additional procedures, guidelines and compliance requirements as provided for the ARRA by DOE. Any Recipient failing to meet monthly compliance of the requirements listed above may be placed on probationary status. Subgrantees failing to demonstrate corrective actions that will rectify the issues necessitating the probationary status within a two month period will be considered "at risk". Recipients at risk may be subject to a funding reduction and/or the Department may proceed with the selection and designation of an additional or replacement provider for part or all of the Recipient's service area. Recipients remaining in good standing will be eligible for any additional funding available during the term of this Agreement. Contingent upon the DOE Progress Review results, if additional funding is allocated to the ARRA WA-P, this Agreement may be extended for an additional time period. All subgrantees may be required to provide the Department with notification of any bid postings for weatherizing dwellings under the ARRA WAP agreement. The information will include the date of bid posting, close date of accepting bids, and bid opening/award date. Also, the contact information for the individual coordinating this activity for the subgrantee must be provided Example of information to be submitted: The I ency name here) has posted on - (Month. day, year) a bid for (# of dwellings) number of units to receive weatherization work. Bids are to be submitted by COB on (Month, day ye — and will be opened and awarded on (Month, day, vear) v ) The bid opening for the above has been completed and (Contractor name here) has been awarded the bid on (Month, dav, vear) To find out how to qualify for participating in this bid process, interested state certified contractors should contact Point of contact' of the (Iryenev name here) at (phone number) or by email at (email address here) for more information. Clause A: DAVIS BACON ACT REQUIREMENTS A. Definitions: For purposes of these additional ARRA WAP Special Conditions / Davis Bacon Act Requirements Clause A, Clause B, Contract Work Hours and Safety Standards Act, and Clause C. Recipient Functions, the following definitions are applicable: (1) Award means the Award by the Department of Energy (DOE) to a Recipient that includes a requirement to comply with the labor standards clauses and wage rate requirements of the Davis-Bacon Act (DBA) for work performed by all laborers and mechanics employed by . Subrecipients. Contractors and subcontractors on projects funded by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act. 34 ATTACHMENT J (continued) SPECI_AL CONDITIONS (2) - Construction, alteration or repair" means all types of work done by laborers and mechanics employed by the Subrecipient, construction contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation— (a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off site; (b) Painting and decorating; or (c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work. (3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of property and services for construction, alteration, and repair under a Subaward. For purposes of these Clauses, a Contract shall include subcontracts and lower- tier subcontracts under the Contract. (4) Contracting Officer means the DOE official authorized to execute awards on behalf of DOE and who is responsible for the business management and non - program aspects of the financial assistance process. (5) Contractor means an entity that enters into a Contract. For purposes of these Clauses, Contractor shall include subcontractors and lower -tier subcontractors. (6) Recipient means any entity other than an individual that receives Recovery Act funds in the form of a grant directly from the Federal Government. The term includes the State that receives an Award from DOE and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program and Award. (7) "Site of the work"— (a) :gleans- - (i) The physical place or places where the construction called for in the Award, Subaward, or Contract will remain when work on it is completed; and (ii) Any other site where a significant portion of the building or work is constructed, provided that such site is established specifically for the performance of the project; (b) Except as provided in paragraph (c) of this definition, the site of the work includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided— (1) They are dedicated exclusively, or nearly so, to performance of the project; and (2) They are adjacent or virtually adjacent to the site of the work as defined in paragraphs (7)(a)(i) or (7)(a )(ii) of this definition; and (c) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular contract or Federal Award or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the project site as defined in paragraphs 3 ATTACHMENT J (continued) SPECIAL CONDITIONS I7)(a)(i) or (7)(�)(ii) of this definition, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the ``site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of an Award, Subaward, or Contract. (S) Subaward means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower- tier Subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but does not include the Recipient's procurement of goods and services to carry out the program nor does it include any form of assistance which is excluded from the definition of "Award" above. (9) Subrecipient means a non - Federal entity that expends Federal awards received from a pass - through entity [Recipient] to carry out a Federal program, but does not include an individual that is a beneficiary of such a program. The term includes a Community Action Agency (CAA), local agency, or other entity to which a Subaward under the Award is made by a Recipient that includes a requirement to comply with the labor standards clauses and wage rate requirements of the DBA work performed by all laborers and mechanics employed by contractors and subcontractors on projects funded by or assisted in whole or in part by and through the Federal Government pursuant of the Recovery Act. B. Davis -Bacon Act (1)(a) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached to the Subaward or Contract and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Recipient, a Subrecipient, or Contractor and such laborers and mechanics. (i) Applicable to Recipient Only: Prior to the issuance of the Subaward or Contract, the Recipient shall notify the Contracting Officer of the site of the work in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. (ii) If the Subaward or Contract is or has been issued without a wage determination, the Recipient shall notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. (b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the DBA on behalf of laborers or mechanics are considered wages paid to such laborers and mechanics, subject to the provisions of paragraph 13(4) below; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period. b ■ ATTACHMENT J (continued) SPECIAL COtiDITIOtiS (c) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the paragraph entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. (d) The wage determination (including any additional classifications and wage rates conformed under paragraph B(2) of this Clause) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the Subrecipient and Contractor at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2)(a) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Subaward or Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when all the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be employed in the classification (if known), or their representatives agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of this agreement. If the Contracting Officer agrees with the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30 -day period that additional time is necessary. (c) In the event the Subrecipient (and Contractor, when applicable), and the laborers or mechanics to be employed in the classification, or their representatives, do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Subrecipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of the disagreement. The Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30- day period that additional time is necessary.- ATTACHMENT J (continued) SPECIAL COtiDITIOtiS (d) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs B(2)(b) or B(2)(c) of this Clause shall be paid to all workers performing work in the classification under the Award, Subaward, or Contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Subrecipient and Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (4) If the Subrecipient or Contractor does not make payments to a trustee or other third person, the Subrecipient or Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Subrecipient or Contractor that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Subrecipient or Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. C. Rates of Wages (1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved in performance of work at the project site, as determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are included as an attachment to the Award, Subaward, or Contract. (2) If the Subaward or Contract has been issued without a wage determination, the Recipient shall notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in order for the appropriate wage determination to be obtained by the Contracting Officer from the Secretary of Labor. D. Payrolls and Basic Records (1) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (4) of the provision entitled Davis -Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Subrecipient or Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Subrecipient or Contractor employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. M ATTACHMENT J (continued) SPECLU COtiDITIONS (2)(a) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Subrecipient. The Subrecipient shall submit weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the Recipient. The Recipient shall submit weekly for each week in which any Subaward or Contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph D(1) of this Clause, except that the full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at bt!M,'www dal govresaiwhdtforms , wh 347instr htm or its successor site. (b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this Clause. The Subrecipient is responsible for ensuring all Contractors; including lower tier subcontractors submit copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of this clause. Subrecipients and Contractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request for transmission to the Contracting Officer, the Recipient, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. The Recipient shall also obtain and provide the full social security number and current address of each covered worker upon request by the Contracting Officer or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a Recipient to require a Subrecipient or Contractor to provide addresses and social security numbers to the Recipient for its own records, without weekly submission to the Contracting Officer. (c) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Recipient, Subrecipient or Contractor or his or her agent who pays or supervises the payment of the persons employed under the Subaward or Contract and shall certify -- (i) That the payroll for the payroll period contains the information required to be maintained under paragraph D(2)(a) of this Clause, the appropriate information is being maintained under paragraph D(1) of this Clause, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Subaward or Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set to in the Regulations, 29 CFR Part 3; and (iii) That each Iaborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Subaward or Contract. (d) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 1)(2)(c) of this Clause. (e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of this Clause may subject the Recipient. Subrecipient or Contractor to civil or criminal prosecution under Section 1001 y of Title IS and Section 3 729 of Title 31 of the United States Code. 9 9 ATTACHMENT J (continued) (3) The Recipient, Subrecipient, or Contractor shall make the records required under paragraph D(1) of this Clause available for inspection, copying, or transcription by the Contracting Officer, authorized representatives of the Contracting Officer, or the Department of Labor. The Subrecipient or Contractor shall permit the Contracting Officer, authorized representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Recipient, Subrecipient, or Contractor fails to submit the required records or to make them available, the Contracting Officer may, after written notice to the Recipient, Subrecipient, or Contractor take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. E. Withholding of Funds (1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Recipient or any other contract or Federal Award with the same Recipient, on this or any other federally assisted Award subject to Davis -Bacon prevailing wage requirements, which is held by the same Recipient so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or a Contractor the full amount of wages required by the Award or Subaward or a Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the Award or Subaward or a Contract, the Contracting Officer may, after written notice to the Recipient take such action as may be necessary to cause the suspension of any further Payment, advance, or guarantee of funds until such violations have ceased. (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an authorized representative of the Department of Labor, withhold or cause to be withheld from any Subrecipient or Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient or Contractor the full amount of wages required by the Subaward or Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the Subaward or Contract, the Recipient may, after written notice to the Subrecipient or Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased or the Government may cause the suspension of any further payment under any other contract or Federal award with the same Subrecipient or Contractor, on any other federally assisted Award subject to Davis -Bacon prevailing wage requirements, which is held by the same Subrecipient or Contractor. F Apprentices and Trainees (1) Apprentices. (a) An apprentice will be permitted to work at less than the predetermined rate for the work they performed when they are employed— (i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the L.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or ATTACHMENT J (continued) SPECIAL CONDITIONS (ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. (b) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Subrecipient or Contractor as to the entire work force under the registered program. (c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph F(1) of this Clause, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (d) Where a Subrecipient or Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Subrecipient's or Contractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. (e) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (f) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an apprenticeship program, the Subrecipient or Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (2) Trainees. (a) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by (OATELS). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS. (b) Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship; training program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate %vho is not registered and participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in 41 ATTACHMENT J (continued) SPECIAL COtiDITIOtiS excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. (c) In the event OATELS withdraws approval of a training program, the Subrecipient or Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this Clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR Part 30. G. Compliance with Copeland Act Requirements The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which are hereby incorporated by reference in the Award, Subaward or Contract. K Subawards and Contracts (1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this Clause entitled "Davis Bacon Act Requirements" and such other clauses as the Contracting Officer may require. The Recipient shall be responsible for ensuring compliance by any Subrecipient or Contractor with all of the requirements contained in this Clause. The Subrecipient shall be responsible for the compliance by Contractor with all of the requirements contained in this Clause. (2) Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Subaward and Contract for construction within the United States, including the Subrecipient's and Contractor's signed and dated acknowledgment that this Clause) has been included in the Subaward and any Contracts. The SF 1413 is available from the Contracting Officer or at http:// contacts. gsa, gov/ webforms. nsf/ 0/ 70B4872Dl6EE95A785256A26004F7EA8 /$file /sfl4l3_e.pdf . Within 14 days after issuance of a Contract or lower - tier subcontract, the Subrecipient shall deliver to the Recipient a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Contract and lower -tier subcontract for construction within the United States, including the Contractor and lower- tier subcontractor's signed and dated acknowledgment that this Clause has been included in any Contract and lower- tier subcontracts. SF 1413 is available from the Contracting Officer or at http: /l contacts. gsa. gov /webforms.nsf`0 /70B4872D l6E /Sfile /sfl4l3_e.pdf, The Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms (SF) 1413. L Contract Termination -- Debarment A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and for debarment as a Contractor or subcontractor as provided in 29 CFR 5, I2. J. Compliance with Davis-Bacon and Related Act Regulations All r:alings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3. and 5 are hereby incorporated by reference in the Award, Subaward or Contract, 42 ATTACHMENT J (continued) SPECIAL CONDITIONS K Disputes Concerning Labor Standards The United States Department of Labor has set forth in 29 CFR Parts 5, b, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and shall not be subject to any other dispute provision that may be contained in the Award, Subaward, and Contract. Disputes within the meaning of this Clause include disputes between the Recipient, Subrecipient (including any Contractor) and the Department of Energy, the U.S. Department of Labor, or the employees or their representatives. L. Certification of Eligibility. (1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or Contractor, respectively certifies that neither it (nor he or she) nor any person or firm who has an interest in the Recipient, Subrecipient, or Contractor's firm, is a person, entity, or firm ineligible to be awarded Government contracts or Government awards by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this Award, Subaward or Contract shall be subcontracted to any person or firm ineligible for award of a Government contract or Government award by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 Al. Approval of Wage Rates All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work under an Award, Subaward or Contract must be submitted for approval in writing by the head of the federal contracting activity or a representative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding classifications contained in the applicable Davis -Bacon Act minimum wage determination included in the Award, Subaward or Contract. Any amount paid by the Subrecipient or Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the Recipient or Subrecipient. If the Government refuses to authorize the use of the overtime, the Subrecipient or Contractor is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked. Clause B: CONTRACT WORK HOURS AND SAFETY STANDARDS ACT This Clause entitled "Contract Work Hours and Safety Standards Act (CWHSSA)" shall apply to any Subaward or Contract in an amount in excess of $100,000. As used in this CWHSSA Clause, the terms laborers and mechanics include watchmen and guards. A. Overtime requirements. No Subrecipient or Contractor contracting for any part of the Subaward work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such Iaborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph B herein the Subrecipient or Contractor responsible therefore shall be liable for the unpaid wages. In addition, such Subrecipient or Contractor shall be liable to the United States (in the case of work done under a Subaward or Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provision set 4 3 ATTACHMENT J (continued) SPECIAL CONDITIONS forth in CWSSHA paragraph A, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section. C. Withholding for unpaid wages and liquidated damages. (1) The DOE Contracting Officer shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Recipient on this or any other Federal Award or Federal contract with the same Recipient on any other federally- assisted Award or contract subject to the CWHSSA, which is held by the same Recipient such sums as may be determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages and liquidated damages as provided in the clause set forth in CWHSSA, paragraph B of this Clause. (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer or an authorized representative of the Department of Labor, withhold or cause from any moneys payable on account of work performed by the Subrecipient or Contractor on this or any other federally assisted subaward or contract subject to the CWHSSA, which is held by the same Subrecipient or Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Subrecipient or Contractor for unpaid wages and liquidated damages as provided in clause set forth in CWHSSA, paragraph B of this Clause. D. Subcontracts. The Subrecipient shall insert in a Contract and a Contractor shall insert in any lower tier subcontracts, the clauses set forth in these CWHSSA paragraphs (A) through (D) and also a provision requiring the Contractors to include this CWHSSA Clause in any lower tier subcontracts. The Recipient shall be responsible for compliance by any Subrecipient or Contractor, with the CWHSSA paragraphs A through D. The Subrecipient shall be responsible for compliance by any Contractor (including lower- tier subcontractors). E. The Subrecipient or Contractor shall maintain payrolls and basic payrolls in accordance with Clause XX, Davis - Bacon Act Requirements, for all laborers and mechanics, including guards and watchmen working on the Subaward or Contracts. These records are subject to the requirements set forth in Clause XX, Davis Bacon Requirements. Clause C: RECIPIENT FUNCTIONS (1) On behalf of the Department of Energy (DOE), Recipient shall perform the following functions: (a) Obtain, maintain, and monitor all DBA certified payroll records submitted by the Subrecipients and Contractors at any tier under this Award; (b) Review all DBA certified payroll records for compliance with DBA requirements, including applicable DOL wage determinations; (c) Notify DOE of any non - compliance with DBA requirements by Subrecipients or Contractors at any tier, including any non - compliances identified as the result of reviews performed pursuant to paragraph (b) above; (d) Address any Subrecipient and any Contractor DBA non - compliance issues; if DBA non- compliance issues cannot be resolved in a timely manner, forward complaints, summary of investigations and all relevant information to DOE; (e) Provide DOE with detailed information regarding the resolution of any DBA non - compliance issues; 44 ATTACH.MENT J (continued) SPECIAL CONDITIONS (1) Perform services in support of DOE investigations of complaints filed regarding noncompliance by Subrecipients and Contractors with DBA requirements; (g) Perform audit services as necessary to ensure compliance by Subrecipients and Contractors with DBA requirements and as requested by the Contracting Officer; and (h) Provide copies of all records upon request by DOE or DOL in a timely manner. (2) All records maintained on behalf of the DOE in accordance with paragraph (1) above are federal government (DOE) owned records. DOE or an authorized representative shall be granted access to the records at all times. (3) In the event of, and in response to any Freedom of Information Act, 5 U.S.C. 552, requests submitted to DOE, Recipient shall provide such records to DOE within 5 business days of receipt of a request from DOE. Davis Bacon Revised/Final Wage Determination — 2/22/2010 N, 31 45 Request For V*G Do wmmgw And Rest U To Roqued P" Rtco Ad#A Am" w-dA#WW Stain W 1• M. El C`UK OR UST CRAM Nm Tht termed demon , O*w P*0#*J4ftNWAIW(N It ") *me" so ft mmo 086 101/11 - J Ew" SWNNWN DadW NJnbtr C - �-FL-Co AWovW S --- 11 IU �VwTefto;vuw" Era:, lx*WM M-ft" Do aid Etknaw 3 V af C,*,d *m. rare E � NA f7 `* "1 Ni 01 to S ul OV2101W zowska NOW haW b. 3610 CO�e Forty Rd. 0 qu U0 *W6W, ft 28607 Fat Number 304-2U4W L Ro of pwa. d wx RaCE"k MTHEVAT*m CONS-MMN m Quo LAWM (SPO* d",* l]Vy*w 7WACUWwW 7 Shirley E Director `4all, 1* M* to w wwrw - ww mm. ba wo, Division ar o ft Q ftV. vow*$ Q(wr&, does; mm "'" ,, &dwtawvw �+rnead000idnQ tune w owf 4w or If 11*11 mwr or r ttdderRSt C MWW - 401 .1 1& 1 04� �Jo- :M7M0-"-o&w7e L*WV mm* A (at se t" UW, w"ft P"hwmom Rmftm Shed MW w Son Sw I" Silmftm wowwsr* ft, ad TA4 down Power "u0m*0 Vw*m r*o*" 'AWWtmbW V*Aw SW4wd Fwm US ,4 pt - - U - I m? *4'W;FkPLj I 46 S2009-FL-001 Issue Date: 12/11/2009 Exv. Date: 0310512010 FLORIDA RESIDENMAL WEATHERIZATIOti WAGE DETERNILNATIOI This project wage determination is :slued in response to a request from the Department of Enemy (DOE) for prevailing wage rates specific to weatherization of residential structures as those structures are defined in the All Agency cmorandum 130 and I31. This wage determination has application only to weatherization construction projects on existing residential structures as described in the SF 308 submitted by DOE. The primary purpose of the project for which this wage determination is being issued is weatherization and is not for the renovation, repair, or new construction of residential structures. All other types of residential construction projects are subject to the published general residential wage determinations for the State of Florida found on www.wdol.gov General weatherization work for purposes of this wage determination is defined as minor repairs, batt insulation, blown insulation, window and door repair, and weather stripping, solar film installation. air sealing, caulking, minor or incidental structural repairs, duct sealing, air sealing, installation of light bulbs, and installation of smoke detectors. In Florida, the Department's recent survey determined as a matter of prevailing practice that these duties are performed by a weatherization worker classification. Additionally, specialty weatherization work is defined as the (1) replacement of doors and windows, (2) installation and repair of fumacelcooling (HVAC) s and all associated work involved with the installation of the HVAC system including electrical, pipe, and duct work. In Florida, the Department's recent survey determined that the duties described by (1) above are performed by a Window and Door Replacement Worker, and by (2) above are performed by an HVAC worker. � payment data submitted for the State of Florida included wage data information for a weatherization crew chief classification. This : - ,-4 frcation of worker is essentially a working foreman who performs the same tasks as the weatherization worker, but who is responsible for su ision, job oversight, forms completion, work assignments, and ualit assurance. The 9 Y additional dunes are not laborer or mechanic „ work as defined by the Davis -Bacon and related Acts regulations, but are more supervisory in nature. The Department issues various classifications of workers when the duties are defined and distinct from all other classifications of workers on the wage determination. The "laborer or mechanic” duties of the crew chief are not sufficiently distinct to warrant the issuance of a separate classification on the wage determination. Moreover, the Department does not issue separate wage determinations based on a worker's skill, experience or individual training. Therefore, the weatherization crew chief is not listed as a separate classification of worker. The weatherization crew chief must be classified as a weatherization worker and paid at least the applicable wage determination rate of the weatherization worker when performing weatherization work. There is no restriction however to payin the weatherization crew chief more than the weatherization worker wage rate listed on the wage determination. g The rates listed on this wage determination are the minimum rates that may be paid the listed classification for the work performed. Wage rates are based strictly on work performed and are not based on the employee's level of experience, seniority, ability, etc. There are no levels of rates for this work. Workers performing the work described are due at least the minimum rates listed. 4 S 2009- F'L -00I Issue Date: 12/11/2009 Exp. Date: 03/0512010 'following is a key to the chart below. Each county in the state is listed in alphabetical order on the far left side of the chart. There are two main cowmns separated by a bold line with the left column labeled Weatherization SurS °ey WaL Determination and the right column labeled Existin Residential Wage Determination --- The three classifications listed under the Weatherization Survey Wage Determination column are the classifications and rates determined to be prevailing for weatherization work and are based on wage data submitted in response to the weatherization survey. Weatherization work, as well as the specific duties that may be performed by these three classifications, is defined on this project decision. The rate information under each classification is the basic hourly rate and fringe benefit (if fringe benefits were found to be prevailing). If there is no wage rate or fringe benefit listed under the classification column, usually the NVAC Worker, then there was no data or insufficient data from which to establish a rate and/or fringe benefit for that classification. If the work performed by that classification is needed for the project, then an additional classification request (conformance) must be made. NOTE: Classifications and rates listed under the Existing Residential Wage Determination Column may not be used for unlisted classifications/work in the Weatherization Survey Wage Determination column. See below for the procedure for requesting additional classifications and the form to request these classifications. The classifications listed under the Existing Residential Wage Determination column are those classifications and rates currently published as prevailing on the residential general wage determinations. These wage determinations maybe found at www. wdol . gov The classifications and rates listed under the Existing Residential Wage Determination column may be used on weatherization pro only in those situations where the work is different than that described for the three classifications listed under the Weatherization Survey Column. For example, when an electrician is needed to perform electrical work not associated with the installation, repair, or overhaul of furnace or cooling equipment, then the existing electrician cl :7i.fication and rate listed under this column may be used for that work. The rate information under each classification is the basic hourly rate and t ti benefit (if fringe benefits were found to be prevailing). If there is no wage rate or fringe benefit listed under the classification column, then as no data or insufficient data from which to establish a rate and/or fringe benefit for that classification. If that unlisted classification is needec for the project, then a request for an additional classification (conformance) should be made. See below for the procedure for requesting dditional classifications and the form to request these classifications. g Any unlisted classifications and rates (conformances) needed for work not listed on the chart below may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The procedure for requesting approval of an unlisted classification and rate (conformance) z well as a "pdf' copy of the form (SF Form 1444) may be found at http;// ww�w.dol- gov /esa/whd/recovery /. The SF Form 1444 may be sent to the Department electronically, by facsimile, or by mail. Electronic submissions should be sent to 09 WeatherizationSurvey@do1 gov Facsimile submissions should be sent to (202) 693 -1432. !nailed forms should be sent to the address listed in Block I of the SF Form 1444. Any SF Form 144 submitted for weatherization projects should be marked as being for weatherization projects and the protect decision being used for the project should also be submitted with the SF Form 1444. 48 S2009-FL-001 fssuc Date: 12111/2009 Exp. Date: 0310512010 Weatherization Survey Wage Determination (52009-FL-001) Existing Residential Wage Determination (www.wdol.gov) 49 Carpenter i Plumber Doors & 1 (Excludes Door & Electrician i (EXCILdes work Counties Weatherization 1 Windows HVAC, Furnace, Heating & Window Replacement, and I electrical work t i associated with i (Excludes elect HVAC installation, Worker Replacement I Cooling Repair, Installation, Replacement Worker work listed as ! associated with HVAC I ! repair or overhaul installation, overhaul, and Worker Performed by work listed as performed and work listed as weatherization by weatherization worker) performed by worker weatherization Alachua $14. $14.00 $20.00 $12.15 wo rker _Ao) $11.47 $11.61 Baker $14.00 _Tj14.00 $20.00 $20.00 $11.79 $26. Bay $20.00 $20.00 17.94+2.58 $12.00 $10.46 $13.53 Bradford $13.00 $1100 $ $11.90 $10.89 $13,00 Brevard $17.73 $17.73 $21.07 $13-46+0.54 $12.66 $13.54 Broward $12,004.17 $15M4.54 $98.004.31 $21.17 +0.86 $27-46+12.5%+5,00 S25.00+1.17 '3alhoun "A $idod $14.57 $17.94+2.58 $11.90 $10.89 $13.00 tharlotle $16,00 $16.00 $21.00 $13.66467 $13.15 1 $13.45 Citrus $10,00+0.27 $10.00+0.27 $17.94+2.58 $11.05 $10.82 $13.00 Clay $14.00 $ $20.00 $14.14 $11.79 $26.19+9.55 Collier $16,00 $16.00 $21.00 $13.66+2.67 $13.15 $13.45 Columbia I $1100 $ $17.94 +2.58 $11.90 $10.89 $13.00 12 Sato 1 $1100 1 $1100 $17.94458 $15.83 $10-80 $13.23 Dixie $13,00 $13,00 $17.94+Z58 $i 1.90 1510.89 1 $13.00 49 52009-FL-001 issue Date: 12/1112009 Exp. Date: 0x105512010 x Carpenter ( 1 5" Page 3) $14.63 $12.95 513.53 $12.15 S15-83 S1 $11.90 $15.83 $15-83 $12.97+1,97 $15.83 ,15.00 $11,90 15.00 1 Existing Residential Wage Determination Electrician' (See Page 3) $12.49 $13.70 $10-89 $11.54 - $11.47 $10-80 $10-89 $10.89 $10.80 $10.80 0 0 0 '8 . .8 0 0 $11.98 $10.80 $12.54 $12.23 $10.89 $11.54 Plumber' (See Page 3) '26-19+9.55 it $13.24 - 77,3 - .00 $ 1 13-00 $13.53 $11-61 $13=.23 113.00 $13-00 $13.23 $13.23 12.97 $13.23 $12.37 T - 3.00 $14.04 $13.04 $ 1 .3-53 5 () Weatherization Survey Wage Determination 01 Door$ & Weatherization Windows Windows I IIAC, Furnace, Heating & Counties Worker I Replacement Cooling Repair, Installation, W o rker Replacement W rker Duval $16.69+3.25 1 $19-92+3.37 520.00 tscambia $20.00 517,94+2,58 Hagler $13.00 1 $13.00 1 $17, Franklin $14.00 i $14,00 517, Gadsden $20 $20.00 $17,94+2.58 Gilchrist $14.00 $14.00 $20.00 Glades $13.00 $13.00 $17.94+2.58 Guff $14.00 $14.00 $17-94+2.58 iiton $13.00 $13.00 $17,94+2.58 Hardee $13.00 $13.00 $17.9 Hendry $1100 $13.04 $17,94+2.58 1 Hernando $10.00427 $10.00+0.27 $12.00+0.65 Highlands $13.00 $13.00 I $17,94+2.58 Hillsborough $12.00 $18.00 $21.00 Holmes $10.00 $14.57 I $17,94+ Indian River 2 . 00 + 1 $15,004,54 Jackson $10.00 $14.57 $17,94-i.2,58 jet'erson $14.00 $14.00 x Carpenter ( 1 5" Page 3) $14.63 $12.95 513.53 $12.15 S15-83 S1 $11.90 $15.83 $15-83 $12.97+1,97 $15.83 ,15.00 $11,90 15.00 1 Existing Residential Wage Determination Electrician' (See Page 3) $12.49 $13.70 $10-89 $11.54 - $11.47 $10-80 $10-89 $10.89 $10.80 $10.80 0 0 0 '8 . .8 0 0 $11.98 $10.80 $12.54 $12.23 $10.89 $11.54 Plumber' (See Page 3) '26-19+9.55 it $13.24 - 77,3 - .00 $ 1 13-00 $13.53 $11-61 $13=.23 113.00 $13-00 $13.23 $13.23 12.97 $13.23 $12.37 T - 3.00 $14.04 $13.04 $ 1 .3-53 5 () S- I ssue Date: 12/1 1/2009 Epp, Date: 03/0512010 Weatherization Survey Wage Determination Counties Weatherization i Worker Lafayete j $13.00 Lake $15.00+1.30 Lee $16.00 Leon 1 $14,00 - Levy $13.00 Libey $14.00 Madison $13.00 Manatee $16.00 Marion $14.00 Martin $12.004.17 Miami-Dade $12.95 Doors HVAC, Furnace, Windows i Heating Replacement i Cooling Repair, Installation Worker i Replacement Worker 1100 $14.14 $15.00+1.30 $20.00 $16.00 $IT94 $14.00 Okeechobee $11100 SI7.94458 $14.00 $17,94+2.58 Orange SlT94+2.58 $16.00 $20,00 $14,00 $20.00 $15,004,54 $28,00+4,31 U3.61 439 1 $28.004.31 Existing Residential Wage Determination (www.wdol.aovI Carpenter* (See Page 3) $1 1.90 $1 1.96 T1�4.09 $11.90 $1 4.89 T12 - Monroe 1 $13.00 $ $ $15-83 Nassau i $16-69+3.25 $19.92437 $ 20,00 $14.14 Okaloosa $20.00 $20,00 i $IT94 $13.53 Okeechobee $1100 $13.00 1794+2,58 $15.83 Orange $20,00 $1'.85 +3.29 Osceola $12.8 + 4 V 4. C 0 $14.00 +0.27 $111,96494 Electrician* (See Page 3) - 7 - 089 - _ $ 7 14,_75 - 1,54 $1089 $10-89 $ 10.89 $11.47 $27.46+12,5%+5.00 $28-61+8.60 *Over $2M 1 "Under $2M $10-80 $11.79 $1 1.54 $10.80 $1 198 Plumber* (See Page 3) 1 $ j I �'I 4 $13 - ,53 $13-00 $13.00 $1�3.00 $13.15 $26,19+9.55 $25.00+1.17 $25.00+1.17 $13.23 S26.19455 313-53 $13.23 04 51 5.04 if S2009-FL-001 Issue Date: 12111 /2009 Ex p- Bate: 0210512010 Weatherization Survey Wage Determination 5200F1.1 Existing Residential Wage Determination I WeatheHzation Yjt HVAC, Furnace, Heating & I Counties �.wfol. ov i , �110 Cooling Repair, installation, Car Replacement � p E Ele r E * ; Plumber Worker Replacement Worker {See Page 3} {See Page 3} I (See Page 3) Palm Beach 1$12.00+4 7 $15.00+4.54 $28,00+4.31 $14.45 Pasco $10,00 +0.27 i $102+0.27 $12.00+0.65 $27.46+125ff +5.00 1 $25.00 +1.17 E Pinellas $12.16 511.98 $12.97 i 1 $12.00 $18.00 $21.00 $11.67 +2.25 $11.98 ( Polk $12.uu I $18.00 $20.00 1 $1.37 $12.97 t $12.66 $13.22 Putnam 17$13 .00 $13.00 $17.94 +2.58 $13.29 $10.89 Saint Johns j $15.20 +3,05 $16.25 +102 $16.00+0.48 $12.17 1$13.00 i Saint Lucie $12.00+4.17 $15,00 454 $28.00 431 $14.89 $11.79 $14.80 � $27.46+12.5 °0 +5.00 $25.00 +1,17 Santa Rosa $20.00 $20.00 $17.94 +2.58 $12.95 $13.70 Sarasota $16.00 $16.00 $21.00 $16.10 $13.24 $13.15 $12.43 Seminole $11.60 $20.00 $20.00 $12.09 +2.95 $11.98 mter $10.00+0.27 $10.00 +0.27 $17.94 +2.58 $11.90 $15.04 $10.89 $13.00 wanne $13.00 $13.00 $17.94 +2.58 $11.90 $10.89 Taylor $13.00 $13.00 $17.94 +2.58 $11.90 $13.00 $10.89 i $13.00 Union $13.00 $13.00 $17.94 +2.58 $11.90 $10.89 I Volusia $15.00 +0.29 $15.00 +0.29 $21.07 $13.00 $12.97 $12.66 I $11.37 Wakuila $14.00 $14.00 �! $17.94 +258 $13.53 $11.54 , Na !ton $10.00 i $14.57 .58 $11.90 $13.53 $10.89 $1100 Washington $10.UU $14,57 1 517.94 +2.58 $11.94 j $10.89 { $13.00 2 ATTACHMENT K RECIPIENT INFORNIATIOLN FORM Please complete all information applicable to your organization. 1. Recipient's full legal name: M Lock coic4y 2. The warrant will be mailed to the Recipient's address unless otherwise indicated: K_ lx)k4e�3j City Zip Code: Telephone: FAX Number: 20 - J- O f 34 0 3. Street Address (if different from above): 4. Chief Elected Official: (Narkie) M A�Lo (Title) I E-mail address: 60cc-ji 5'2, 'AAr'e Goo' qy nov --�t FAX . 3 Of 739 5. Executive Director: D, (Name) I (Title) E-mail address: YW Lj FAX Number: 3 L) — �q c,5 _Iil2s 59 6. WAP Coordinator: CA St N r\) LD I c tk tame) t a i �; T (Titl - agency designation) Telephone: X�5 L i s I (D FAX Number: _ E-mail address: i 7. Finance D irector: C% (Name T;tle) E-inailaddress: 11 I -FAX umber: 4- � I