04/16/2014 Agreement FULLY " L' 1`
. 't EXEGUTE1 DRIDA •
Q I INAI
DEPARTMENT OF ECONOMIC OPPORTUNITY
CFDA Number. DOE—CFDA 81.0422 CFDA Number DI II IS—CIDA 93.568
THIS IS NOT A RESEARCH AGREEMENT (SEE EXHIBIT 1-A FOR ADDITIONAL FUNDING INFORM;\[ION).
Agreement Number: 14WX-0G-11-54-01-039
FEDERALLY-FUNDED SUBGRANT AGREEMENT
'1'14IS AGREEMENT is entered into by the State of Florida,Department of Economic Opportunity,with
headquarters in Tallahassee, Florida (hereinafter referred to as "DEO"), and Monroe County 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. DEO 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. DEO has statutory authority to disburse the funds under this Agreement.
THEREFORE,DEO and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Scope of Work,Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
The Recipient and DEO 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 or on February 22, 2014,whichever is later and shall end
on February 21 2015 unless terminated earlier in accordance with the provisions of Paragraph (13) of this Agreement.
(4) MODIFICATION OF AGREEMENT
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: Enifnrm Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular
No. A-t 10 (now 2 CFR Part 215), "Grants and Agreements with Institutions of higher Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A-87 (now 2 CFR Part 225), "Cost Principles for State and Local
Governments," OMB Circular No. ,A--21 (now 2 CFR Part 220),"Cost Principles for Educational Institutions," or OMB
Circular No. A-122 (now 2 CFR Part 230), "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.
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(b) All rerurds pertaining to this Agreement, including Inn nor limited to,supporting documentation and rcu,rds
sufficient to demonstrate compliance with the terms of the Agreenrenr shall be retained In the Recipient far nye (5) fiscal
years after complexion of the project.which includes satisfaction of.ell reporting requirements and receipt of all pa meats due
under the Agreement, provided applicable audits have been released, or five (5)years after the date that au) audir report is
issued, whiehevIT is longer. The nve-%car period may lie extended for the ham-mg exceptions:
I. If any litigation,claim ur audit is started before the live-rear 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 nun-expendable pers mad property valued at$31 tell I or more at the time it
is acquired shall he retained for five(5) years after final disposition.
3. Records relating to real property acquired shall be retained for five (5) ears 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 he 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 Scope of\Cork, Attachment A to this Agreement and all other
applicable laws and regulations.
(d) The Recipient,its employees or agents, including all subcontractors or consultants to be paid Iron funds
provided under this .Agreenaent, shall allow access to its records at reasonable times to I)E(),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. 'S\gents"shall include, but not he limited to,auditors retained by DI?O.
(e) The Recipient may,per Rule I Il 24.0113(9)(a), Florida Administrative Code, allow its public records to be
stored through electronic recordkeeping systems as substitutes for the original or paper copy.
(f) The Recipient agrees to maintain financial procedures and support documents,in accordance evith generally
accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement.
(g) These records shall be available at reasonable times for inspection,review,or audit by state personnel and
other personnel authorized by DEO. "Reasonable" shall ordinarily mean normal business hour of 8:00 a.m. to 5:110 p.m.,
local rime, Monday through Friday.
(6) PC131,IC RECORDS RP.00IRr111!NTS:
Recipient must notify DLO,both by e-mail and first class mail,within ()Ile (I) business day from receipt of all
request(s) for public records, as a public record is defined in Secriun 11'9.011, 11n. Stat. In accordance with Chapter 119 of the
_Florida Stomtes,Rcdpient shall be responsible for repending to all public records requests per the cast structure provided for
records made or received by Recipient in conjunction with the .Agreement, unless die records are exempt from section 24(a) of
.Article I of the Stare Consrimtion and Section 119.02(I). I ln. Stat. Notice of public records requests received by the Recipient
shall lie c-mailed to PRReyuesre/tico.my tiidso rn and mailed to:
Public Records Coordinator
Department of Economic ()pportunit%
III- I(asr Alaclison Street
Tallahassee, Florida 32399
()Riot.' 'Kiln 245.7 Iill
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Recipient shall :llrnc public access to all documents.papers, letters iir other materials tirade or received by Recipient in
conjunction with this .Agreement, unless the records arc exempt from section '_a(;t) of Article I of the Sege(Ionia-Maim] .mil
subsection II J 1171), P.J. Dli() resen es the right to unilaterally cancel this Agreement for Recipient's refusal to comply with
this proms',in.
Recipient shall transfer,at no cost m I)11(), all public records upon completion or termination of the Agreennvt and
destroy am duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.
All electronic records shall be provided to DI I( in a IN 1(7-compatible format.
(7) AUDIT REOLIRI(.AINNTS
(a) The Recipient shall have all required audits completed by an independent certified public accountant (IPA),
either a certified public accountant or a public accountant licensed under Chapter 473, Ha. Stat. The IPA shall state that the
audit complied with the applicable provisions noted in Exhibit 1 to this Agreement.
(b) The audit must be received by DII() no later than nine(9) months from the end of the Recipient's fiscal year.
'11w audit must be submitted in accordance with the requirements of Exhibit 1 to this Agreement.
(c) If an audit shows that all or any portion of the funds disbursed were nor spent in accordance with the
amdiriuns of this Agreement, the Recipient shall be held liable for reimbursement to DEO of all funds not spent in
accordance with these applicable regulations and .Agreement provisions within thirty (311) calendar dais after DP.()has notified
the Recipient of such non-compliance.
(d) Within sixty (GII) calendar days of the close of Recipient's fiscal year, on an annual basis, Recipient shall
electronically submit a completed .Audit Compliance Certification (a version of this certification is attached hereto as Exhibit 2
of this .Agreement) to a talitia dews)tlorida.com. Recipient's timely submittal of one completed .Audit Compliance
Certification for each applicable fiscal year will fulfill this requirement within all agreements(e.g.,contracts,grants,
memorandums of understanding, menutrandurs of agreement,camnmic incentive award agreements, etc.) between DEO
and Recipient.
(8) REPORTS
(a) The Recipient shall submit to Ma) all required reports as set forth in Attachment D to this ,Agreement.
These reports shall include the current status and progress by the Recipient and all subrecipienrs and subcontractors in
completing the work described in A trachmenr A, Scope of Work, and the expenditure of funds under this Agreement,in
addition to any other information requested by DLO.
(b) If all required reports and espies are not sent to DIiU or arc not completed in a manner acceptable m DEO,
Dh() may withhold further payments until they are completed or nwa rake other action as stated in Paragraph ( 12)
RE1v[I?1)I1'.S. ".Acceptably to DE(1" means that the work product was completed in accordancc with the Scope of VA(irk,
\reach mcnr A.
'c) The Recipient hall provide additional program updates or information that may be required b/
r); MONITORING
The Recipient shall monitor its performance under this Agreement as well AS that of its subcontraciors and/or
consultants who are paid from funds provided under this \grecmenr, to ensure that the Schedule of Deliverables within the
Scope of VAlirk Atachment A,is being'aecronplished within the specified time periods, and other performance goads are being
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achieved. .A review shall he dune for each function or actiyin-in Arrachmenr \ to this .Agreement, and reporruel in the
monitoring report.
In addition to reviews of audits conducted in Ice rdance with Paragraph (7) above, monitoring procedures may
include, bur not he limited to, on-site visits In Department staff, Department-contracted monitoring entities or other agents.
limited scope review.and/or other procedures. The Recipient and all subrecipien¢agree to comply with the most recent
monitoring instnmtenr provided by DIP(), and cooperate with am monitoring procedures/processes deemed appropriate by
DIi( In the event that DI(() determines that a limited scope review of he Recipient is appropriate, the Recipient agrees to
comply with any additional instntetions provided by DI(() to die Recipient regarding such audit. 'fhe Recipient further agrees
to comply and cooperate with any inspections, reviews,investigations or audits deemed nee ssan-by DI(()'s Inspector
General or the Ilorida Chief financial ()Ricer or Auditor General. In addition, DE() will monitor the performance and
financial management by the Recipient throughout the agreement term to ensure timely completion of all tasks.
(Id) LIABILITY
(a) finless die Recipient is a State agency or subdivision,as defined in Section 768.28, 11a.Star., die Recipient is
solely responsible to parties it deals with in carrying out the terms of this .Agreement, and shall hold Df0 harmless against all
claims of whatever nature by third parties arising from the work performance under this .Agreemenr. For purposes of this
.Agreement, the Recipient agrees that it is not an employee or agent of DIi(), hut is an independent contractor.
(I)) rAny Recipient which is a state agency or subdivision,as defined in Section 768.28, Pia. Stat.,agrees to he fully
responsible for its negligent or tortious acts or omissions which result in claims or suits against DE(), and agrees to be liable
for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing
herein is intended to sent as a waiver of sovereign immunin by any Recipient to which Scvereign) immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to he sued by third parries in any
matter arising our of any contract.
(11) DEFAULT
If any of the following events occur ("livens of Default"), all obligations on the part of DE( to make further
payment of funds under this .Agreemenr shall terminate,if I)E( so elects,and 1)80 may exercise any of its remedies set forth
in Paragraph (12) of this-Agreement. I lowever, DEO may make payments or partial payments after any Events of Default
without waiving the right to exercise such remedies,and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this \grcement or any previous agreement with
DI!() is or bcammcs false or misleading in any respect,or if the Recipient fails to keep or perform any of the obligations, terms
or covenants in this Agreement or any previous agreement with DI(() and has not cured them in timely fashion,or is unable
or unwilling to meet its obligations under this .Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any rime during the term of
this Agreement, and the Recipient fails to cure this adverse change within thirty days from the elute written notice is sent by
DRO.
iO If am reports required by this Agreement have not been submitted to DF() tit-have been submitted with
ma erred, incomplete or insufficient information;or
'd) If the Recipient Ins failed to perform and complete in tingly fashion any of its obligations tinder this
\grcement.
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(12) RI2AIRDII?S
If an [vent of Default occurs, and DI() provides written notice ri) the Recipient, 1)13O art exercise any one
or more of the Fallowing remedies, either concurrently or consecutively:
(a) Terminate this Agreement if the Recipient has not cured the default within thirty(3ih calendar days of receipt
Of written notice „fan I(vent of Default,
(I) Begin an appropriate legal or equitable action to enf<rrev performance of this Agrcement,,
(c) Withhold or suspend payment of all (r any part of a request for payment;
(d) 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 Cr back of performance,
2. issue a written warning to advise that more serious measures may he taken if the simation is not
corrected,
3. advise the Recipient to suspend,discontinue,or refrain Isom incurring costs for any activities in question,
or
4. require the Recipient to reimburse Old( for the antnunt of costs incurred for any items determined to be
ineligible;and
(c) Exercise any other rights or remedies which may be otherwise available under law.
Pursuing any of the above remedies will not keep DE( from pursuing any other remedies in this Agreement or
provided at law or in equity. If DE()waives any right or remedy in this .Agreement or fails to insist Cl,] strict performance by
the Recipient, it will not affect,extend or waive any other right or remedy of DG(),or affect the later exercise of the same
right or remedy by D11() for any other default by the Recipient.
(13) 'IERMIN.ATI()N
(a) DIID may terminate this Agreement for cause with thirty (311) calendar 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, failure to cure an Event of Default within thirty calendar days from receipt of the notice,or refusal by the Recipient
to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Ida. Star., as
amended.
(I)) 1)13() may terminate this .Agreement for convenience or when it determines,in its sole discretion, that
continuing the \greentent would not produce beneficial results in line with die further expenditure of funds,by providing the
Recipient with thirty (3 I) calendar clays prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this .Agrreement- The amendment shall state the effective date of the termination and the procedures for
proper duset ut of the Agreement.
(tb If l)[() issues a notice of[vent of Default, the Recipient shall not incur new obligations during the
thirty-day cure period. If D11() determines that the Recipient has cured the IPvent of Default within the thirty--alas cure period,
Dli() will provide notice it, the Recipient that it may resume incurring new obligations. Costs incurred for new obligations
after receipt of the notice of Nvent of Default will be disallowed. The Recipient shall not he relieved of Iiahihit u, Dh(
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because uf:uay breach of this Agreement by the Recipient IA i() may, o: the extent authorized by law withhold payments to
the Recipient for the purpose of eer-off until the exact: :nuunt of damages due DI'tt) from the Recipient is determined.
(Id) NOTICE AND CONTACT
(a) Notices of an [Went of I)efault or notices of rcrminnbun of the Agreement shall be in writing and
delivered In certified mail, return receipt requested. to the applicable Agreement planager ar the address specified below. the
effective cave of the notice shall be the date of receipt; however, if the notice is also provided be etInfirmed email to the
applicable Agreement .Manager's email address specified below, the earlier dare will be the effective dare of the notice. .Anv
other form of notice given under or pursuant to this .Agreement shall he prtnidud as specified herein. Said tic inheatic "shall
be attached to a copy of the origin:d of this Agreement.
Cl) The name, nailing address,and email address of the Dh() .Agreement Nlanager responsible for the
administration of this Agreement is:
Paula Lemma, Bureau Chief
Department of Illcunomic()pportunin-
Diaision of Conununin-Development
Bureau of Community Assistance
Commnnin Assistance Section
1(17 East Madison Street N13C4(10
Tallahassee, Florida 32399-413(1
Email: paula.lemmo(aldco.mvflorida.com
(c) The name, mailing address,and email address of the Recipient.Agreement A tanager responsible for the
administration of this Agreement is '�x
Skct4I Gro.haml SR . S'oual vices Uifed-of&
Ron(oe. C.o rk 'j [3oc.c
$ceJci-l11 etz-.! 1GES
&koce.4c. Gnat) -eualck.
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\Cey �.(es+- Eiop ipA 32,o
ErvAaul : (3raham -5heaplfi:Immroccou-niby41. ov
(d) In the event that different.Agreement Managers or addresses are designated in either ram- after execution
of rhis Agreement, notice of the name, title and address of the new .Agreement Alanager will be provided as sowed in
Paragraph f14)(a) above.
(15) SL I3CUVg1UCCS
If the Recipient subcontracts any of the work required under this .Agreement,a cops of the unsigned subcontract
must be funk arded to DIi( for review and approval before it is executed iw the Recipient. the Recipient agrees to include in
:he subcontract that (i) the subcontractor is bound by the terms of this Agrecmenr Iii) the subcontractor is bound by all
applicable state and federal laws and regulations: and (int subcontractor shall h ;Id DE ) and Recipient harmless against
claims :,fwhatever nature arising:tut of theoubcontracnar'e perh rtmance of tyork under this \greenunt, no the extent allowed
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and required by law. The Recipient shall document in the monthly report the subcontractor's progress in performing its work
under this \greement.
For each subcontract, the Recipient shall provide a written statement to 1)1() as to whether that subcontractor is
a minority vendor, as defined in Section 2$8 gill, Fla. Stat.
(I6) TERMS AND CONDITIONS
'Phis Agreement contains all the terms and conditions agreed upon by the parties.
(I') .A'ITACIIAIEN1S
(a) All attachments to this Agreement arc incoporared as if see out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and die attachments,
the language of the attachments shall control.but onh to the extent of the conflict or inconsistency.
(e) This .Agreement has the following anachments (check all that are applicahle):
® Exhibit 1 -Audit Requirements
® Exhibit 1-A- Funding Sources
® Ixhibit 2-Audit Compliance Certification
® Attachment A-Scope of Work
® .Attachment B-Program Stamres and Regulations
® Attachment C- Recordkeeping
® :Attachment l)-Reports
® Attachment I!-j usrificanon of Advance
® .Attachment F-Warranties and Representations
.Attachment C-Certification Regarding Debarment
® Attachment I I -Statement of Assurances
® Attachment l -Count' Allocation
• Attachment] -Special Conditions
® attachment K-Recipient Information Form
(I8) FCNDINC/CONSIDERATION
(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 $11,819.00 subject to the availability of funds and
appropriate budget authority. The Recipient shall prepare Attachment A,Scope of Work (Budget,Budget Detail and Schedule
of Deliverables), based upon this funding ammunr_
Until DIiO provides further notice ro the Recipient. however, the Recipient is only authorized to incur costs in an
amount nor to exceed $11,819.00 As funds and budget authority become available to DE(), DI( will issue a letter to the
Recipient's Agreement.Atanager identified in .Attachment K specifying a new amount of costs the Recipient is authorized to
incur. 'This letter will have die effect-of modifying the terms of the Agreement in replacing the didlar amount warted in die
first sentence of this paragraph with the nety amount stated in the letter..
(b) Any Jy once p.nmenr under this .Agreement is subject- to Section 216.181(1 ), 19a.Stae, and is contingent
ups in the Recipient's acceptance of the rights of Dlil) under Paragraph I I2pI : of this .Agreement. The amount which may be
adv.mcad may not exceed rile expected cash needs of the Recipient within the first two (2) months of production (calculated in
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Attachment II) in die .Agreement teen. Any advance pannent is also subject to federal ().AIli Circulars -A 87 puny 2( FR Parr
223), A.I 10 (now 2 CFR Part 213), A-122_ (nrny 2(:I$ fart 231)) and the Cash Management Improvement .Act of 10911. If an
advance payment is requested, the budget- data on which the request is based and a justification statement shall be included in
this Agreement as Attachment I(. \trachment II will specify the nntount of advance payment needed and provide an
cxplanatii in of the necessity for and proposed use of these funds.
(c) The Recipient must expend an amount equal to or greater than the amount of the initial advance in the
periods covered by the first two Financial Status Reports (FSRs)submitted ro DL()after the advance paanent is processed by
DI(O. If die Recipient has not expended an amount equal to the initial advance within these two applicable periods, the
Recipient.shall submit a written explanation ro DEO. DIi() will consider the circumstances provided and determine if it will
deduct any or all of the unexpended amount of the initial advance from the Recipient's pending reimbursement request within
an ISlt, and will continue this process, if meeessan', until the Recipient is meeting the advance expenditure requirements.
Guidelines for tracking expenditures of advanced funding throughout the Agreement period are provided in Attachment II of
this \grecment
❑ An advance payment is requested in the amount of S — tf/f . (check and complete
if applicable)
(d) After the initial advance,if any,payment shall he made on a reimbursement basis. The Recipient agrees to
expend funds in accordance with the Scope of Work, .Attachment A, of this Agreement.
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 hfanagement and Budgeting, the Stare Chief Financial Officer,or under subparagraph (20)(11) of this
Agreement, all obligations on die part of DIiO to make any further payment of funds shall terminate,and the Recipient shall
submit its closeout report within thirty (30) days of receiving notice from DE().
(19) REPAYNTENTS
A II refunds or repayments ro he made to DEO under this :Agreement are to be made payable to the order of
"Department of Economic()pporrunity"and mailed directly to DLO at die following address:
Department of Economic()ppormnit-
Division of Community Development
Bureau of Community Assistance 107 Bast Madison Street
MSC 400
'Tallahassee, Honda 32399.4170
In accordance with Section 2I3.34(2), Ha. Stat.,if a check or other draft is returned to 1)1() for collection,
Recipient shall pay to DlIt) a sun'ice fee of Fifteen Dollars (S lint)) or Five Percent(5I(.) of the face amount of the returned
check or draft,whichever is greater.
r 21n A LAN D.VIl:D Q)N DI'IONS
-.0 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 arc later submission or respouse to .a Dupartmcnr
request, or in amf submission or response to fulfill the requirements of this Agreement. AII of said information,
rcpresenrations_and materials are incorporated by reference. 'Mc inacearney of the.subtnissions or any material changus shall,
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at the option of 1)I ()and with rhirn' days written notice to the Recipient. cause the termination] of this Agreement and the
release of DR(1 from all its obligations to the Recipient.
(b) This Agreement shall be construed under the law of nce Stare of Merida, and venue for any anions arising
out of this Agreemenrshall he in the Circuit Court of Leon Comm. If am provision of this \greemmnt 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. autd shall
be severable.but shall not invalidate any other prof iston of this .Agreement.
(c) Any power of approval or disapproval grained to 1/1 (1 under the terms of this Agreemev shall survive the
term of this \greement.
(d) 'Ellis .Agreement mac be executed in any number of counterpars, any one of which may be taken as an
original.
(e) The Recipient agrees to comply with the .Americans VA ith Disabilities .Act (Public Law 1(11-336, 42 L.S.C.
Section 131(11 et seq.) and the Florida Civil Rights and Pair I lousing Acts (sections 76( .( I —760.37, Florida Statutes), which
prohibit discrimination be public and private entities on the basis of disabilin-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 discriminator vendor list may not submit a bid on a contract to provide any goods or services to
a public entity,may not submit a bid on a contract with a public entity far the construction or repair of a public building or
public work, mar not submit bids on leases of real property to a public entin',may not be awarded or perform work as a
contractor,supplier, subcontractor, or consultant under a contract with a public entity,and may not transact business with any
public entity in excess of S25p00.110 for a period of thirty-- six (36) months from the date of being placed on the convicted
vendor list or on the discriminator 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 principals:
I. are not presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily
excluded from covered transactions bra federal Department or agency;
2. have not,within a three-year period preceding this proposal been convicted of or had a civil judgnnent
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, forger,briber', falsification nr do traction of records, making false
statements,or receiving sn>Ien pmpern;
3. are not presently indicted or otherwise criminally or civilly charged bra governmental entin-(federal,
state or local) with commission of in offenses enumerated in paragraph 20(g)2. of this certification; and
4. have not within a three-year period preceding this \greement had one or more public transactions
tfederal, stale or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall
attach an explanation to this Agreement.
In addition, the Recipient shall send ro DIiU IIn email or In facsimile rcusmission; the cemplcred
-Certification Regarding Debarment, Suspension, Ineligibility and A'oluntar Anaehment (I) for each intended
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subcontractor which Recipient plans to fund under this Agreement. Such form must be received by DI(() before the
Recipient enters into a contract with any subcontractor.
(h) The Stare of Florida's performance and obligation m pay under this Agreement is contingent upon an annual
appropriation by the Legislature,and subject ro am modification in accordance with Chapter 216, Fla. Stat. or the Honda
Cons nnaion.
(i) All bills for fees or other compensation for services or expenses shall he submitted in detail sufficient for a
proper pre:a lit and postaudit thereof.
if) .Any bills for travel expenses shall be submitted in accordance with Section 11206L Ha. Stat.
(k) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest
income shall either be returned to DI1().
(I) 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 in 8 h ti C Section
1324a(e) [Section 274.A(e) of the Immigration and Nationality :Act("IN.A")]. DIi() shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274.A(e) of the INA. Such violation by the Recipient of the
entpinVment provisions contained in Section 274.A(e) of the IN.A shall be grounds for unilateral cancellation of this,Agreement
by DND.
(m) The Recipient is subject to Florida's Government in the Sunshine Law(Section 28G 011, Ha. Stat.)with
respect to the meetings of the Recipient's governing board to discuss, receive recommendations, or take action required
pursuant to this .Agreement,or the meetings of any subcommittee making recommendations to the governing hoard regarding
matters pursuant to this .Agreement. .All of these meetings shall be publicly noticed,open to the public, and the minutes of all
the meetings shall be public records,available to the public in accordance with Chapter 119, Ha. Stat
(n) All unmanufactured and manufactured articles, materials,and supplies which arc acquired for public use
under this .Agreement must have been produced in the United States as required under 41 U.S.C. I(la, unless it would not be in
the public interest or unreasonable in cost.
(21) IA)I3BV1NG PROI III3ITION
(a) The use of hinds under this .Agreement fin- the purpose of lobbying the Florida Legislature, the judicial
branch,or any stare agency is prohibited pursuant to Section 216.347, Ida. Sat. Federal grant funds provided under this
\greement may not he used by DIi( or any Recipient or Sub-Recipient to support lobbying activities to influence proposed
or pending Federal or State legislation or appropriations. This prohibition is related to die use of Federal grant funds and not
intended to affect an individual's right or drat of.any organization, to petition Congress, or any other level of Government,
through die use of other resources (See.43 CPR Part 93).
rb) The Recipient certifies. by the authorized representative's signature ro this Agreement, that to die hest of his
or her knowledge and belief:
1. Ni Federal appropriated hinds have been paid or will lie paid, by or on behalf of the Recipient, ro any
persl m as influencing or attempting to influence an officer or(mph))cc of any agency, a V[ember of Congress, an officer or
emplrncc of Congress,or tin enhplayee of(I Vlember of Congress in a mnecnon with the awarding of any Federal contract, the
making of n) Federal grant, the making of inn- Federal loan, the entering inns of any cooperate agreement, and die
extension, cc mriuuation, renewal,:vnendnlent it modificatit m of any Pound cimtract,grant, limn in cooperstiv e agreement.
Palle Ill
•
2. If ally funds other than Federal appropriated brads have been paid or will be paid to any paten for
influencing or attempting to influence an utfficer or employ cc of any agenck, a AIenaher of(:nngress,an ufhcer or employee of
Congress. or an entplt ncc of a Member of congress in connection with this Federal contract,grant,loan or cooperative
agreement, the Recipient shall complete and submit Standard Form-I.I.I., "Disclosure Form ro Report Tubb Mg."
3. The Recipient shall require that this certification he included in the award documents for all subawards
(including subcontracts. sobgranrs,and contracts under grants, loans.and cooperative agreements) and that all suhrecipients
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 prerec1uisire for making or entering into this transaction
imposed by Section 1332,Title 31, CSC. .Any person who fails to tile the required certification shall be subject to a civil
penalty of not less than S111,000 and not more than SltltAlltal for each such failure.
(22) (())PRIG I IT. PATENT.AND TR.ADI:ALARK
\nv and all patent rights accruing under or in connection with the performance of this .\greenaent are hereby
resen-ed to the State of Florida. .Anv and all copyrights accreting under or in connection with the performance of this
.Agreement are herein 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.
(1)) If ally thscovery or inventim 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 1)F0 for a
determination whether the State of Florida will seek patent protection in its name .\nv 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 DE( .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 (311) 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 known 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
disclusc will indicate that no such property exists. I)GO shall then, under Paragraph 22b), have the right to all parents and
copyrights which accrue during performance of the Agreement.
(23) LFG AL )RIZATION.
The Recipient certifies that it has die 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 authnrin-to legally execute and hind Recipient to the terms of this Agrcenent.
(24) ASSLR.ANCI:S.
The Recipient shall comply with any Statement of Assurances Mon-punned as \rtachment I I.
Re/maim/it o/Tn(r I nlru/iouellr I All Wank
Page I I
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
Agreement Number: 14WX-0G-11-54-01-039
IN\CTINESS WHEREOF,the parties have executed this Agreement by their duly authorized officers on the day.
month and year set forth below.
RECIPIENT STATE OF FLORIDA
DEPARTMENT F ECONOMIC
M NR E UNTY BOARD F COUNTY COMMISSIONERS OPPORTUNI
(Type Le Name of lent , 1
• By:
VIA M ' HY MAYOR William B. [Killings rth,Director
(Type Name and ide Here) Division of Commuu ty Development
Date: 4/16/14 Date: 7 May IV
59-6000749
Approved as to form and legal
Federal Identification Number sufficiency,subject only to full and
proper execution by the parties.
073876757 Office of the General Counsel
DUNS Number* Department of Economic Opportunity
*Data Universal Numbering System
By:
Approved Date: / �0f�
M• y7.E COU O NEY it9Yw �9 �
RO! ED A M .yC'
FT 6t;NT C< Al OR Y
r 'MAXIMUM,CLERK
BY,`i)/Pliet* ¢cEPg L
2014 WAP AGREEMENT
EXHIBIT 1
AUDIT REQUIREMENTS
The administration ot resources awarded ba Dli() to the recipient may lie subject to audits an&or monitoring by DIP() as
described in this section.
MONITORING
In addition ro reviews of audits conducted in accordance with ()NIB Circular A-133 and Section 215.97, F S., as revised (see
".ACDIIS' belw), monitoring procedures man include, but not be limited to, on-site visits by DI?O staff, limited sccpc
audits as defined by ON111 Circular .A-I 33, as revised, and/or other procedures. 13n entering into this agreement, the recipient
agrees to comph and cooperate wid) .my monivxing procedures/processes deemed appropriate by 1-)1((). In the seen( DI it)
determines that a limited sec pc audit of the recipient is apprnpriare, the recipient agrees to comply with any additional
iusrrncticns provided be DIiO staff to the recipient regarding such audit. The recipient further agrees ro cotnph and
cooperate with any inspections, reviews, investigations, or audits deemed necessary hr the (Thief Financial Officer (CFO) or
-Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or ducal government or a non-profit nrganizarien as defined in ()NI13 Circular
:A-133,as revised.
In the event that the recipient expends S3(10(I(It) (S500.000 /nr fiord)na:r ruling a//rr December 3/, 2003) or more in
Federal awards in its fiscal near, the recipient must have a single or program-specific audit conducted in accordance
with the provisions of()NIB Circular A-133, as revised. ESI IIBIT 1 to this agreement indicates Federal resources
awarded through DEO 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 DFO. The determination of
amounts of Federal awards expended should be in accordance with the guidelines established by O\[B Circular A-
133, as revised. An audit of the recipient conducted by the :Auditor General in accordance with the provisions of
ONB Circular.3-133. as revised,will meet the requirements of this part.
3. In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the requirements
relative to auditee responsibilities as provided in Subpart C of()NB3 Circular A-133,as revised.
3. If the recipient expends less than S300(II I(I (Si00,000/a lin,d years endh g rifler-Draw/her 3/, 2003) in Federal awards in
its fiscal year, an audit conducted in accordance with the provisions of ONIB Circular .\-133, as revised, is not
required. In the event that the recipient expends less than S30R1)OII (4'500.000 /or/Zeal jean ending a/%er December 3/.
2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of
(FVB Circular.1-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e.. the cost of such
an audit must be paid from the recipient resources obtained Item other than Federal entities).
3. Aitheugh the audit provisions of()NIB Circular :A-133 ordinarily du not apph to is-profit sub recipients, in the case
of Federal funding provided hr the L S Department of I Iealth and !Inman Services, Circular .3-133 does apply. See
43 C.F.R. 7426 fir further details-
web site that provides links to sevend Federal Single Audit Act resources can lie found a
h,ev cansonsos gun i, lc;sainfi, hmil
Page 13
2014 WAP AGREEMENT
EXHIBIT 1 (Continued)
AUDIT REQUIREMENTS
PART II: STATE SI l PC NDED
This part is applicable if the recipient is a non-state min- as defined by Section 215.9 2_), Florida Statutes.
In the event that the recipient expends a total amount of sane financial assistance equal to or iu excess of S5111 11111I in
any fiscal year of such recipient (for fiscal wars ending September 311, 2004 or thereafter), the recipient must have a
State single or project-specific audit tor such fiscal year in lea,rdance with Section 215.97, Florida Statutes;applicable
rules of the Department of Financial Sen'ices; and Chapters 10.5511 (local governmental entities) or 10.650 (nonprofit
and for-profit organizations), Rules of the Auditor General. I(SI 111311- 1 to this agreement indicates state financial
assistance awarded through I) O by this agreement. In determining the state financial assistance expended in its
fiscal year, ncu recipient shall consider all sources of state financial assistance, including state financial assistance
received Instil DEO, other state agencies, and other nun-state entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity- for Federal program marching
requirements.
2. In connection with the audit requirements addressed in Part II, paragraph I. the recipient shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2), Ilorida Statutes,and (Chapters 10.550 (local governmental endtics)
or 10.650 (nonprofit and far-profit organizatuns), Rules of the .Auditor Genural.
3. If the recipient expends less than 5500,00(I in state financial assistance in its fiscal sear (for fiscal years ending
September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 21597, Florida
Statutes, is not required. In the event that the recipient expends less than 5500,)110 in state financial assistance in its
fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215,97, Florida Starnes,
tyre-cost of the audit must he paid from the nonsrate entity's resources (i.e., the cost of such an audit must he paid
from the recipient's resources obtained from other than State entities).
4. Additional information regarding the Florida Single-Audit -Act can be found at:
hue://msurc mu tiaridacoml has/Snuotrs.hrml,
PART III: OTHER AUDIT REQUIREMENTS
(ROTE: This pad nnuid be nred to spectb.any additional audit mquinoients imposed by the.S7ate amending entity that an' ro/r/y a
matter al that State awarding why's polio,(ie., the audit it not regnind by 1'edrrvl or.State ham and is not in rnu/7 i/with other Prdetal
or,l/ate cold ng/nnn)entri Pm:want to,fec/lwn 2I597(8), I'/o,ida,S'Mitten ,hate atences may combo or atrange/hr radii,0/state
Jina nits/arrislann that an in addition to audits condm/ed in aiinrAuve with S'edion 215.97, 19oddr Sta/ode, In sulli an mat the
.Slate awarding gnem-j must(mvnne Jot,/unelirg the/ir//cast o/,vrcb additional audits.) /I
INSERT ADDITIONAL AUDIT REQUIREMENTS,IF APPLICABLE,OTHERWISE TYPE"N/A" NI 14
PART IV: -REPORT SUBMISSION
Copies of reporting packages for mdits conducted in accordance with ()NIB(Circular .A-I33, as revised, and required
by Parr I of this agreement shall he submitted,when required by Section.320 (d), O'113 Circular A-133,as revised,lw
cif uu behalf of the recipient directly to each of the following:
A. DI'()at each of the fidlowing addresses:
I llecrronic copies 'pn?erred): Aadult de,s oisi r,ride-non
or
Page 14
2014 WAP AGREEMENT
EXHIBIT 1 (Continued)
AUDIT REQUIREMENTS
Paper hard cop):
Department Economic ()pportunin
VESC # 130,Caldwell Building
DC East Madison Street
Tallahassee, 19. 32 399-412_6
B. The Federal .Audit Clearinghouse designated in ()NIB Circular 3-133, as revised (the number of copies required
be Sections .320 (d)(I) and (2), ONIB Circular A-133, as revised, should be submitted ro the Federal .Audit
Clearinghouse),at the following address:
Imo:/ hanrstcricen.us. uv /hoc/collanlddcmdcchunl
C. ()tiler Federal agencies and pass-through entities in accordance with Sections -320 (e) and (t),U 1 RI Circular .A-I 33,
as revised.
'_. Pursuant to Section .321E (I),()NIB Circular :A-133,as revised, the recipient shall submit a copy of the reporting
package described in Section .321E (c), ()NIB Circular .A-133, as revised, and any management letter issued by the
auditor, to DE()at each of the following addresses:
Electronic copies (preferred): Audirfu dewily i1 rid.t.cont
or
Paper (hard copy):
--- --- -Department Economic Upporttmia
MSC # 130,Caldwell Building
107 Fast Nladisun Street
Tallahassee, H.3239 9-4 12 6
3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of
the recipient directly to each of the following:
A. Dl( at each of the following addresses:
Electronic copies (preferred): Audido.deo.nn tlorida.eom
or
Paper(hard copy):
Department Economic(
,1ISC # 130, Caldwell Building
107 Iiasr Nladison Street
Tallahassee, H.32399-aI26
13. 'the Auditor General's()ffice at the following address:
\tiding(;metal
Lucid ( IVClalment Audit/.342_
Claude Poppet Bolding, Roc 401
III AAcsr Madison Street
Tllahassee. 1132399-145i
Email Address: tl.iuduen lotalea,v Ca alld.slataltljb
Page 15
2014 WAP AGREEMENT
EXHIBIT 1 (Continued)
AUDIT REQUIREMENTS
4. th Ties of reports or the management letter required In Part III of this agreement shall be submitted by or on behalf
of the recipient directly n
.A. DEO at each of the tidlouing addresses:
INSERT ADDRESS(ES), IF APPLICABLE,OTHERWISE TYPE"N/A" fJ 4
5. Am reports, management letter,or other information required to be submitted to Df:O pursuant to rhis agreement
shall be submitted timely in accordance with O,AIli Circular A-133, Florida Statutes, and Chapters 11).550 (local
governmental entities) or 111.6511 (nonprofit and for-profit organizations), Rules of die .Auditor General,as applicable.
6. Recipients,when submitting financial reporting packages to DEO for audits done in accordance with OMB
Circular A-133 or Chapters 10.550 (local governmental entities)or 10.650 (non-profit and for-profit
organizations), Rules of the Auditor General,should indicate the date that the reporting package was
delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a
period of five (3) rears from the date the audit report is issued,or five (5) state fiscal}ears after all reporting
requirements arc satisfied and final payments have been received,whichever period is longer, and shall allow DEO, or
its designee,CPO, or .Auditor General access to such records upon request. In addition, if any litigation, claim,
negotiation,audit,or other action involving the records has been started prior to the expiration of the controlling
period as identified above, the records shall be retained until completion of the action and resolution of all issues
uhieh au>c from it, or until the end of the controlling period as identified above, whichever is longer. The recipient
shall ensure that audit working papers are made available to DIb,or its designee,Cl ( , or.Auditor General upon
request for a period of five (5) years from the dare the audit report is issued,unless extended in writing by DEO.
Page 16
2014 WAP AGREEMENT
EXHIBIT 1-A
FUNDING SOURCES
Agreement Number: 14WX-OG-11-54-01-039
I1:11'RAI. RFSUI ICES VAA VIiDI'I) 10 11 P. It I.CI PII:ATC AI>lR 1111S A( Itl I.AII'.A'fl )ASISI UFIIIP1-l)I.LOAAIN(1.
federal \ Program: AVeatherimtion Assistance Program (\Y AP)
Federal agcnce U.S. Department of Energy (IX/Al)
Catalog of Federal Domestic \ssis ranee title and #: C1-D.A 81A 42
Federal Award Number: Df-FF0006146
Subgrantee .\ward am tint: $ 0.00*
Federal .Award Program: Low-Ineotne I lame I2nergv .Assistance Program (I.II II.AP)
Federal agency: U ti. Department of I Icalth and I Inman Services (I II IS)
Catalog of Federal Domestic .Assistance title and #: CII).A 93.568
Federal Award Number: G-140111.1IF.\
Subgrantee Award amount: $11.819.00*
* Subject to availability of funding pursuant to D()I? and I II IS awards.
COAIPI.1.AAll+. REQUIREMENTS VPPLIC.A BTU TO:1111 FI iI)PR.AI. RI:SOUR(I-:S AAA'.ARUBD PCRS(' \SIIOTIIIS
AGRFI .LI1AT ARF. AS FOLLOWS:
Program
I. Rem/am(rLn//be used on/p in,ac ordmre with the Jiillon inq: AN'eatherization Assistance
The Recipient shall use these funds to perform energy saving repairs and Program
installation of energy saving measures on qualified single family dwellings
only. These funds will he expended in accordance with the Scope of
Work, Attachment A; Program Statutes and Regulations, Attachment B;
Rceindiceeping, Attachment C; Reports, Attachment D;Statement of
Assurances, .Attachment G;County .Ulocations, :Attachment I;Special
Conditions, Attachment j;applicable OMB Circulars;and the FY 2014
WAP State Plan .
2. Reeiplen1c uuutd meet the fdllmvin;rli;ibilib Nquirrnen/r
The Recipient shall comply with DEO's WAP requirements and the
applicable (>NIB Circulars and eligibility requirements as set forth in U.S.
Department of Energy regulanuns codified in Title 1(I of the Code of
Federal Regulations, Part 44(,VA eatherization Assistance Program for
Low-Income Persons.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING: None
MATCHING RESOURCES FOR FEDERAL PROGRAMS: None
Federal Program: None
SUBJECT TO SECTION 215.97, FLORIDA STATUTES: None
State Project: None
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS: None
St t I I'.: Section .Tlnldl of ONIB Circular-A-I i.3, as revised, .rod Section 215.9' 5.. Florida Statutes, require that the
information about Federal Programs and Seise Projects Melnik('let(' in Exhibit I-.A be provided to the recipient.
Page 17
2014 WAP AGREEMENT
EXHIBIT 2
//11 AUDIT COMPLIANCE
rCERTIFICATION
�,„
Recipient I\\p1sec:// Monroe l.a1uni-7 Jpp,li0 09 COUf\ ` COVN5CIOne QS
PFIN: 59 -- bOOO fl 9-9 Recipient's l iscal Year: !O�( /I — 9'130 I ILF
Contact Person Name and Phone Number: ([IM / ee r) 30'5) 2-42- -LL5wa
Contact Person I Tmail Address: WI keS — ktM lYVof1f3G. C-OUA- — �(. 40A/
I. Did Recipient expend state financial assistance, during its fiscal year, that it received under any agreement tIiG.,
Contract-(:rant, Nlemorandunt of Agreement, Nit:morandum of Understanding, I'tnnomic Incentive Award
Agreement, Pic) benwecn Recipient and the Department of Economic Upportunin' (DI)( X Yes No
If the above answer is yes,also answer the tout before proceeding to the item 2:
Did Recipient expend S5011,00II or more of the state hnanc ass al istance (fumy o 1)1 O and all other sources of state of
state financial assistance combined) during its fiscal year? A Yes No
If yes, Recipient certifies that it will timely comply with all applicable state single or project-specific audit
requirements of section 215.97, Florida Statutes,and the applicable rules of the Department of Financial
Services and the Auditor General.
2. Did Recipient expend federal awards, during its fiscal year, that it received under any agreement e.g.,Contract, Grant,
Nlemnrandum of Agreement, Nlemorandum of Understanding, Economic Incentive Award Agreement,etc.) between
Recipient and DEO? x Yes No
If the above answer is yes,also answer the following before proceeding to execution of this certification:
Did recipient expend S500,I00 or tiQxe in federal awards (from DISO and all other sources of federal awards
combined) during its fiscal year: Yes No
If yes,recipient certifies that it will timely comply with all applicable single or program-specific audit
requirements of OMB circular A-133, as revised.
By si fit fg below, 1 c ,or half of Recipie t,that the above representations for items 1 and 2 are true
and re t.
mrc of.\utha r d Representative Date
v Iv a urp1`7I
Print Name of.Authorized Representatn-a. Date
MO -0 •UNr• AO' EV e,V
FEn CJ. s EFCADO _ b t
•
Date _ Z / �`•� • - NPAVIUPI.CLERK
DEPUTY CLERK
Page 18
2014 WAP AGREEMENT
ATTACHMENT A
SCOPE OF WORK
The Recipient shall comp!) with the following requirements, and if applicable,ensure all :whcunrracts require compliance with
the fall wing requirements. There arc a number of new()uality Work Plan (()AAP) requirements that will lie implemented
during this Agreement period (reference Attachment) of this \grecmenr). In carrying out the \greement, the Recipient will
provide the necessary personud, materials, sun ices and (aciliric- except as odium-Yee provided herein, ro earn out the
program. 'I h Recipient shall haver designated individual. referred r) by 1)1:() as the AA-AP Coordinator, to be responsible
for the following activities:
A. Si licit identify and qualify low-income residents within the Recipients identified :en-ice area who have the need and
desire for energy conservation assistance. The Recipient will make the service'provided for under this Agreement :wadable to
all eligible clients in the counties to be served.
B. During this Agreement period work performed on dwellings shall lie completed in accordance with the IIt rida
We arherization N[anual,Subsection 1; Procedures and Guidelines, Subsection 2; Florida Priority- I.isr, Subsection 4; Installation
& Workmanship Standards,Subsection 6;Southeast Field Guide and supplemental Department and federal Department of
Energy(DEO)guidelines,unless the Recipient secures written permission from DI'.( nor to. Each dwelling moist be
evaluated by using the Priority List Assessment and Testing(PL.VI) inspection package for recording visual obsen adons,
measurements, diagnostic rest results, i.e., blower door, infrared camera,monoxor,gas analyzer, pressure pan and any other
tests required as directed by the state weatherizanon office. This information will be maintained in the client file.
\Chen addressing a central heating and cooling unit which already exists in a dwelling, the National Energy Audit (NIi.A'I) or
NIanufacmred I Iome Energy :Audit(N[I IIi.A) must he used to determine replacement and appropriate sizing. Refrigerators
may only be replaced if(a) indicated by metering or(b) recommended by a N I:.AT or VII IfiX. DE() also requires that the
following measures be installed on event'dwelling receiving energy conservation measures: low Clow 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.
C. The cost of labor and materials fur wearburization measures plus allowable Program Support(PS) activities under this
\N AP agreement should not exceed $6,904.00 per dwelling. This per dwelling amount does not include the Health and Safety
�I I&SI amount of 5600 that may also lie expended.
D.AChen the Recipient WAP Coordinator(or the designated individual) has determined the weatherizatinn activities to be
performed on a dwelling, the measures to be addressed in the same order of the Priority list will be listed on the
Client/.Agency-Pre-Work()rder .Agreement (P\\OA) form. The work ro be performed will then be discussed with the client,
along with addressing the included disclaimer language regarding mold and moisture .Also a cop'of die Lend Notification
and the Ntold and Nloisrure pamphlets will he provided to the client. Then both the client and die coordinator will sign and
date the PAAOA fumy ()nee this form is signed.work may be coordinated.
E. The Recipient is responsible for supervising,monitoring and ensuring die qualin-of all work by staff,volunteers and
subcontractors. The Recipient shall provide DI)() with documentation and reports as required by this .\greement, as well as,
other information requested by DIEO.
F. Upon completion of all scheduled work on a dwelling, the Recipient AN.:AP Coordinator (or the designated individual) shall
conduct a final inspeuti in (to include all diagnostic testing) and certify that all work performed on each dwelling,was
completed according to program guidelines. I'he material and labia-costs for each \N carheri?roan measure installed on a
dwelling will be listed on a Building Work Report(I VAR). If all work meets program guidelines, It cal building codes and
applicable permits have been pulled; the WAP Coordinator and client will sign and date the R\\li- 'Che weatherized dwelling
will be considered as completed when the contractors have been paid for sen-ices rendered.
G. lb receive a reimbursement for production period (first d.n of a month through the last day; the Recipient shall submit
an electronic cope of each ItVA'R package along with the Financial Status Report (I-SR) to DFO ihrounh rule"4.6 !na=(d
repot tint ststem ,C(;EMITS bn the 2Ise tin of The t ,II ,wi ig nth. In addition_the lief ipirut _hull - .boa i lied cups of
the FOR via facsimile or(mail o, DF.() be din sans Clue dire.
Page 19
•
2014 WAP AGREEMENT
ATTACHMENT A(Continued)
SCOPE OF WORK
BUDGET
Guidance for preparing the Budget. Budget Detail and Schedule of Deliverables:
Budgeting limitations are:
a. The Program Support ',PS) amount may be less than but cannot exceed ill nt the total amount of materials
and labor.
b. The Administration (\dmin) amount ma c be Tess than but cannot exceed 5.25" of the total \greement
amount.
Note: Neither PS or Admin expenditures can exceed the prescribed percentages when the
Agreement is tlnsed-out.
B. To determine the allowable activities than may be charged to the Program Support and Administration caregore, refer
to the applicable (Non-Profit or Count-Government) Guidance for Documentation and Support of Program
Support and Administrative Expenditures publication which is available at DE()'s wehsite:
hrtp://w .nv.floridaiobs.nry/iob-seekers-community-set'ices/community-senices/wearherization-assistance-program
C. If additional funding is provided to the Recipient during this Agreement period,a revised Budget, Budget Detail
and Schedule of Deliverables will be required.
D. When submitting die monthly Financial Status Reports (ISR), the Recipient may exceed the prescribed PS or \dmin
percentage. I loweccn
a. _DE() shall perform monthly desk audits and a mid-agreement period review of the Recipients charging in
these two categories.
b. lithe Recipient exceeds either percentage on an FSR anytime during the Agreement period, it will be notified
and required to make adjustments in charging for activities in following I'SRs to ensure compliance to
percentage limits at the end of the Agreement period.
c. The Recipient is required to track all expenditures to ensure that only actual costs for allowable expenditures
arc reported on the monthly FSR.
d. Recipients receiving an advance must make up the expenditure deficit in the following FSR.
h;. The Recipient is expected to complete a Monthly Expenditure Tracking Sheet(.APETS) even-month of this
Agreement. It will be required to submit a .MIlTS covering the first six months expenditures by the 2I' day of the N"
month of this Agreement. All(TS reporting requirements and corrective actions are outlined in the Attachment j of
this .Agreement.
Page 20
2014 WAP AGREEMENT
ATTACHMENT A(Continued)
SCOPE OF WORK
BUDGET
Agreement Number: 14WX-0G-11-54-01-039
WEATHERIZATION ASSISTANCE PROGRAM
TOTAL AGREEMENT AMOUNT $11,819.00 BUDGETED
AMOUNTS
WEATHERIZATION SERVICES
1. Cost of allowable materials and labor to weatherize a dwelling.
a) Materials S 6,869.00
b) Labor $ 2,000.00
Subtotal: $8,869.00 $ 8,869.00
Number of dwellings to be weatherized: 2
PROGRAM SUPPORT (PS)
Al allowable subgrantee activities required to coordinate and ensure compliance
2 of providing weatherization services as identified in the Budget Detail within
Attachment A in this Agreement. Upon termination of this Agreement,the $ 500.00
total of PS cannot exceed 30%of the total of material and labor costs.
Per-dwelling expenditure limit: Applicable amount of funding to be
3 expended on a dwelling(material,labor and PS)cannot exceed$6,769
and all costs/expenditures must be eligible actual costs that are sufficiently
documented.
HEALTH & SAFETY(H&S)
4. Limited to $600 per dwelling and not included in the dwelling cap of$6,904. $600.00
DIRECT CHARGED LINE ITEMS
5. Comprehensive Annual Audit(applicable% of cost for WAP only). $0.00
6. Training&Technical Assistance (DEO pre-approved activities only). $0.00
6. (b) Equipment (DEO pre-approved purchases only). $0.00
7. Liability(the% to cover WAP)&Pollution Occurrence Insurance (required). $ 1,750.00
8. Subtotal of Sections 1,2,4, 5,6,6(b) and 7. $ 11,719.00
ADMINISTRATION(Admin)
All allowable administrative level activities required to implement the program
(salaries including fringe;rent;utilities, etc.)
9.
Total cannot exceed 5.25%of Line #8 and all eligible costs/expenditures $ 100.00
must be sufficiently documented.
10. TOTAL OF ALL BUDGETED AMOUNTS $ 11,819.00
(TOTAL BUDGETED AMOUNT CANNOT EXCEED TOTAL AGREEMENT AMOUNT)
\rr.l un.I,ii.. ' to API _I
2014 WAP AGREEMENT
ATTACHMENT A(Continued)
SCOPE OF WORK
BUDGET DETAIL
Agreement Number: 14WX-0G-11-54-01-039
Program Support Budget Amount
1. Compensation of employees exclusively involved in\GAP. 0
2. Compensation of employees involved in WAP and other funding sources. $405.00
3. Advertising and Public Relation Costs. 0
4. Communication costs for employees directly involved in WAP. $95.00
5. Interest on debt incurred to acquire WAP assets. 0
6. Maintenance and repair of WAP buildings (or designated WAP space) and equipment. 0
7. Materials and supplies used for WAP (other than Direct Materials on FSR). 0
8. Publication and printing costs used for WAP. 0
9. Recruiting costs for direct WAP personnel. 0
10. Facility Costs. 0
11.Transportation Costs for WAP services. 0
12.Travel costs for WAP services. 0
13.Training costs for WAP (Not on FSR). 0
14. Insurance and Indemnification - (that is not reported on Line 7 of the FSR). 0
15. Depreciation and Use Allowance of WAP Building and Equipment 0
16. Other—a list of items and corresponding costs must be submitted with Budget Detail. 0
Total (Enter this amount in line#2 of Budget): $500.00
Administration Budget Amount
1. Compensation of Executive Management and Finance and Reporting Personnel. 0
2. Compensation of employees involved in WAP and other funding sources. $100.00
3. Communication costs for employees exclusively involved in WAP. 0
4. Depreciation and use allowances (building,general furniture and equipment). 0
5. Cost of Property Insurance. 0
6. Other-a list of items and corresponding costs must be submitted with Budget Detail. 0
Total(Enter this amount in line#9 of Budget): S100.00
V's.l.m JAR 1` II JuI Ii11 AI'l .�
2014 WAP AGREEMENT
ATTACHMENT A(Continued)
SCOPE OF WORK
SCHEDULE OF DELIVERABLES
Agreement Number: 14WX-0G-11-54-01-039
The total estimated production goal will be the number of dwellings that are anticipated to be weatherized for the entire
Agreement period. To support this production total,complete the below per month estimated production goals.
If the Recipient will be requesting an advance in this Agreement,it should take into consideration the number of dwellings
that will be required to weatherize in the initial and in following months to meet the advance expenditure requirement
throughout the Agreement period as outlined in Attachment E of the Agreement.
Suggested process for calculating production goals:
a) Subtract the projected Direct Charge Line Items and Administrative costs totals as listed in the BUDGET, from the
total Agreement amount. This is the amount of funding available to be applied to weatherizing dwellings (material,
labor and Program Support activities).
Agreement Amount: $_11,819.00
Direct Charges: ($ 1,750.00 )
Administration: ($ 100.00)
Weatherization Amount: $ 9.969.00
b) Divide the Weatherization Amount by the maximum per dwelling expenditure amount of$6,904.
Weatherization Amount$ 9 969.00 / $6,904=Estimated Total Production 2
Estimate the amount of Health& Safety to be expended on the total number of dwellings: $ 600
d) Subtract the Health&Safety amount(c) from the A&'eathetization Amount(a): 5 9 369.00
e) Divide the reduced Weatherization Amount(d) by$6,904 to determine total estimated production: 2
f) Complete the below estimated monthly production.
March 2014 April 2014 May 2014 June 2014
July 2014_1 August 2014 September 2014 October 2014
November 2014 1 December 2014 January 2015 February 2015
Total 2
•
2014 WAP AGREEMENT
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
Huth the Recipient and DI)()shall he governed by applicable laws and rules, including hue lint limbed to:
us
\etlofa. I..1981,Title XX I5. Part \tf lPub.e lV I )I3 rgy IAm -Inunu ltLmu l Production
\ssisranceAct of 1981i:jlittlet II,[induct
v2, of thenuliarion
National linergy Conservation Policy Act of I978 (Pub.1.. 96-619);Tide C.Subtitle I-_ of the I-.nergv Security Act of 1981
(Pub. I..96- 294); and Chapter 163, Ha. Stat.; Florida Chief Financial ()fficer Alemurandum No. XXX ,American Recovery
and Reinvestment Act (.ARR:A) Requirements (211118-2009); American Recovery and Reinvestment Act of 2(1( 9 1Publie Lave
1I -5); Federal (:enmd Contractor Registration (http://vvwwtccr.gov/):2 CPR Part 176, Requirements for Implementing
Sections 1513, 16( 5 and 1606 of the American Recnven-and Reinvestment Act of 20119 for Financial .Assistance :Awards;
Schedule of Expenditures of Federal .\wards
(http://uww:n )floridaado.com/andiristatewide financial reinrrine/financing.hm))
H. All federal statutes relating to nondiscrimination including but not limited to:
I. Title VI of the Civil Rights Act of 1964 (Pub. I.. 88-352) which prohibits discrimination on the basis of race,color or
national origin;
2. Title IN of the Education Amendments Of 1972,as amended (20 C.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 L.S.C. 794),which prohibits discrvnination 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. I_ 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 197(1 (Pub. I.. 9l-
616), as amended. relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7. Subsections 523 and 527 of the Public I lealth Sen-ice Act of 1913 (42 L.S.C. 290 rid-3 and 2911 re-3),as amended,
relating to confidentiality of alcohol and drug abuse patient records;
8. Title VI I I 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 nondiscriminaton statute(s)which may apply to the Welttherizarion .Assistance Program.
1(1. The Americans with Disabilities Act of 19911, Public I.aw 1111-336 (42 L.S.C. Sections 13101 through 13213).
C. I'.nrutire(trier 11346,entitled ''Iiqual 1(naployment()pportunity",as amended br I xcartive(hider 11373, and as
supplemented in Department of I.abor Regulations (41 C.P.R. Part 60).
D. All applicable standards,orders,or regulations issued pursuant ro the Clean Air .Act as amended (42 LNG 1857 et seq.)
and the federal Water Politic m Gtmml .Act as .amended (33 C.SC. 1331 et seq.).
Page 24
2014 WAP AGREEMENT
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
I(. The Recipient will comply with the I,cad-Based Paint Poisoning Prevention Act (42 L.S.( 41181 er seq.) which prohibits
the use of lead-based paint in construction or rehabilitation of residence structures.
I'. the Recipient>nll assist in assuring compliance with Section 106 of the National I listoric Preservation Act of 1966,as
amended (16 F S.C.4310), 11( 11593 (identification and protection of historic properties), and die Archaeological and 1 listoric
Preservation .Act of 1974 (16 L.S.C. 469a-I et seq.)
G. In compliance with In C.F.R. Subpart F. Part 11136.510 (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 :Agrommet by any Federal Department or agency.
11. the Recipient shall screen applicants for program eligibility under 1986 Immigration and Nationality- .Act,as current')
amended.
I. Recipients which procure S 10,1100 or more of insulation products annually arc 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 60112 of die Solid Waste Disposal .Act, as amended by the Resource Consen ation and Recovery Act of 1976, and
guidelines promulgated by the Environmental Protection .\gencv.
J. All applicable federal rules, regulations and guidelines including 10 LIIR. Part 6110,and all applicable()NIB 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 proselvtization as any part of,or in connection with, the pentInnance of
this Agreement.
NI. 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 13549, "Debarment and
Suspension." 'Ihe Recipient may not make any subcontract to a debarred or suspended part-. A current listing of such parties
is maintained by D11O for review.
N. Before beginning work on any dwelling, the Recipient shall have:
I. Documentation of client income eligibility in accordance with the most recent federally established Pt very
Income Guidelines. Client income verification must be conducted within 180 days prior to the dare the work begins.
2. Documentation of authorization from the mvner of the dwelling or his authorized agent.
3. Documentation of proof of ownership.
4. Agreement with the owner of rental property assuring compliance with III C.F.R. Parr 44fl222.
Pace 25
2014 WAP AGREEMENT
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
O. INTEREST INCOME:
Recipients shall invest cash advances in compliance with section .21 (h) (2) (i) of the common Rule and section .22 of()NIB
Circular 3-110 (now 2 CFR Part 215). Recipients shall maintain advances of Federal funds in interest-beating accounts unless
one of the following conditions applies:
NON-PROFITS ONLY:
1. 'lb.: Recipient or subcontractor c ntractor receives less than S121I, (IX in total Federal awards per year.
2. "Die best reasonably available interest bearing arccount vwould nor be expected to earn interest in excess of 525I)
per year on all Federal cash balances.
3. The depository would require an average or minimum balance so high that it would not be feasible within the
expected Federal and non-Federal cash resource. Interest earned off cash advances shall be reflected on the
monthly financial crams report and the close-out report.
LOCAL GOVERNMENTS ONLY:
Except for interest earned on advance of funds exempt under the inter-governmental cooperation .Action (31
L S.0 6501 et. seq.) and the Indian Self-Determination Act(23 U.S.C. 450),recipients and sub- recipients shall
promptly,but at least quarrerk,remit interest earned on advances to the Federal agency. The recipient or
sobrecipient may keep interest amounts up to 5100 per year for administrative expenses.
Except as provided for advance pavments, the Recipient may temporarily invest grant funds, but any interest income shall
either be returned to DE( or be applied against 13E0's obligation to pay the Agreement amount .Any interest income earned
by the remporan-investment of these grant funds that is nut applied against DE(Vs obligation to pay shall be returned to
DEO at the time of submission of the final close-out report.
P. PR()GRAM 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 9B-24, Florida :Administrative Code. The amount of program income and its
disposition must be reported to IJEO at the time of submission of the final close-nut report. Expenditure of program income
balances at Agreement end must be approved by DEU.
Q. APPEALS SYSTEM: All complaints received by DFO will be referred to the Recipient. Recipient must have a written
appeals system that is:
a) adopted by the Board of Directors;
b) formatted as a Recipient handout;
c) posted in the client intake area of the Recipient's agency;and
d) provided to those applying for yvea thcrization services.
Sample format:
Recipient Appeals System
In the event of a complaint/appeal, the cnmpla,nr/appeal shall first be heard by the:
n rr; VJ VneanleAmptnrca
I 1%fA[( (Title of Position)
Should the first designated part-be unable to resolve the difficulty, the second complaint/appeal will be heard by:
SQ 9000-I aafiZIJK P S ,VIeGcdOa_... (Ilrle c)f Position).
Should the second level complaint/appeal be tunable tol resolve the diffictdn, the final hearing will he held In:
$5101 ,nunitrec ur Full Huard;.
Pace 26
2014 WAP AGREEMENT
ATTACHMENT B (Continued)
PROGRAM STATUTES AND REGULATIONS
R. I.I ARILIIY INSL IL\N( 1(: .AII Recipients and subcontractors art required to have sufficient liability insurance coverage
for performing wcathetizario n tun led ctiy ltie5. In addition, Recipients must have Pollution ()uurnnee Insurance (POI),
whether included,added to, or a separate general Habib c 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 or covered I v the Recipient p hey. Documentation to
substantiate all insurance coverage will be reviewed during monitoring visits. Failure to have adequate insurance coverage may
result in all reimbursement requests being withheld until compliance is met.
Only those contractors who have been trained on Lead Sate AA eatherizanon techniques and have PUI (or tinder Recipient
polies) ma' work on pre 197it dwellings that the Recipient has confirmed may have lead paint that will be disturbed through
weatherization activities.
S. The Recipient will follow the procedures and guidelines provided in the latest version of the Florida AC.AP Nlanual.
Programmatic and guideline changes during an agreement period may be pnn'ided to the Recipient through a State
AR.atherization Program Notice and arc 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 Agreement Nt nager's to the email address stated in
Attachment h of this .Agreement.
Page 27
2014 WAP AGREEMENT
ATTACHMENT C
RECORDKEEPING
The Recipient shall maintain the following information in the client tile:
\. Information on each client shall include, I>ur not be limited to:
I. Client Intake form (signed by the client and dated) and a copy of the household unlit) bill.
2. Client Selection (Priority) Criteria limn,
3. Copy of the Compliant/.Appeal Procedures Form initialed in client.
4. Cope of Social Security Cards (with only the last four digits showing).
S. Copy of the client signed"Notice Revardiny Collection of Social Security Numbers' form.
6. Documentation of Income for all members of the household.
7. Documentation of Ownership or I.andlord Agreement(when applicable).
S. .A copy of the completed Priority List.Assessment and Testing (PLAT) farms.
7. .A copy of the Firs-page of the National Enernw Audit (Nl?Ail or the Nlanufactured I tome !Merry Audit(NII IEA)
For replacing I IA'.AC units or refrigerators. Phuro of the meter reading: to support refrigerator replacement if not
using NEAT or NII IIiA.
III. Cope of the signed Pre-Work Order Agreement(P\A O.A) form.
II. Building Work Report(BVCRl signed by the client and inspector and dated.
12. Invoices and payment vouchers.
13. Copies of any required building permits.
13. AC'hen the Recipient WAP Coordinator has determined the wraherization activities to be performed on a dwelling, the
WAP Coordinaror shall list the measures to be addressed on PAA O.A in the same order of the Priority List.
C. .Although the client provided a utility bill when submitting their application, that infomnation will need to be updated for a
more accurate pre/post comparison. I lore are the directions for meeting this requirement:
The Collection of Pre Weatherization Utility Billing Information.
When the client is contacted to schedule a date to review the PVA'O.A, the Coordinator will request that a copy of the clients'
prior month's utility bill be provided. The work to be performed will then be discussed with the client,and both the client and
the coordinator will sign and date the form and a copy of the form must be placed in the client tile. Once this form is signed,
work may commence.The pre-weatherization work utility bill amount will be entered on the Client make Form in the
e(irants system and included when reporting the dwelling.
The Collection of Post Weatherization Utility Billing Information.
The Recipient will submit to DEO a copy of the pre and the post urilin-bill (to include amount, kilowatt usage and kilowatt
per hour charge) for III percent of the clients served through this Agreement. Recipients should consider establishing an
agreement with the local utility provider in its senice area to provide this information. If no agreement can be established,the
Recipient will implement a tracking process for following-up with selected clients to obtain this information.
"'lie post weatherizanon utility information should be for the first full billing month after the Building Work Report has been
signed by the client and Coordinator. These utility bills are to either be submitted to DI;() within GII days after the 13 VCR sign
date or included in the Recipients Semi-Annual Success and Leverage Report.
Rrve2
2014 WAP AGREEMENT
ATTACHMENT D
REPORTS
A. Monthly I-SRs arc due to DIi( by the 21th of each month. The Recipient shall enter yin the e( rants reporting ststein, a
Financial Status Report (FSR).and a Building VA i tk Report (MR) package for each dwelling on which work t k has been
completed and inspected. The BAA R package shall consist of a cope of the BVAR, and a completed Client Intake morn. In the
ey cot the rventc-first day of the month falls tan a weekend clay or holiday, the monthly report shall he due no later than the
next business da.
B. Quarterly I_ow Income I tome 1)nergy .Assistance Program Referral (].II II):APR) reports are due to 1)1 ) no later than 30
days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative
dose-out report. The ending dates for each quarter are March 31,June 311, September 30 and December 31.
C. Alid .Agreement AItmthly Expenditure Tracking Sleet(MI':I S) is due to D110 by the 21^ day of the%°i month of this
Agreement. In the event the nvenrv-first day of the seventh month falls on a weekend day or holiday, the mid-agreement
report shall be due no later than the next business.
.A r le:Rayed upon Me¢atilt qf DEO desk audit, the Recipient nuts be required to submit ndditionartak m-up All:CS e/anq u'i/b n
supporting Rereuue and EA/vuditure tprendcGeet. Re/•r ro:I tturbmeut 1,S PHCI IL COX I)I IK)A.S. of tbir--lgrcrrurnl Jirr
additionalgrutluue on DEO't 11ELS.,rriewpromts.
D. Semi :Annual Success and Leverage Reports are due to DEO on or before October 21 and .April 21. In the event the
twenty-first day of either month falls on a weekend day or holiday, the reports shall be due no later than the next business day.
1) On the Success Reports all Recipients shall provide: a) copies of thank-you correspondences from clients who
received weatherization senices;b) information on any events the Recipient participated in diat promoted the AC'.AP
locally;c) any milestone reached by the Recipient that relates to the AV AP.
2) ()n the Leverage Reports all Recipients shall provide: a) sources of leverage activities:b) amount of funding
provided,and c) the tapes of leverage activities utilized on the dwellings during the six month period. Utility rebate
funds and donation of materials or volunteer labor should also be included in this report.
E. The(:lose-out Report is due to DEO thirry (30) days after the end on the Agreement or thirty' calendar days after
completion of the activities contained in this Agreement,whichever first occurs. In the event die thirtieth day falls on a
weekend day or holiday, the close-out report shall be due no later than the next business day.
F. failure to submit all required report as outlined in Section A. B,C, D and F. above by the required due date,may result in
the withholding of any pending or hamre payments until the reports are received.
G. The reports identified in Sections 13,C, D, and 1),may be submitted electronically to the assigned cc usultant,hand
delivered to the Department (if hand delivered the report must be date stamped by Bureau of Community .Assistance staff),or
sent by certified mail, return receipt requested, to the address below:
Department of 12conomic()ppormnin-
Division of Communin-Development
Bureau of Conununin-Assistance
107 East Madison Street, N1SC -1110
Tallahassee. Florida 32399-4120
Page 29
2014 WAP AGREEMENT
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
Agreement Number: 14WX-0G-11-54-01-039
Indicate by checking one of the items below if you are requesting an advance. Any advance payment under
this Agreement is subject to s. 216.181(16), Florida Statures. If an advance payment is requested, the below
budget data on which the request is based must be completed.
NO ADVANCE PAYMENT REQUESTED Check here:_x
Payment will be solely on a reimbursement basis. No Additional information is required.
60 DAY ADVANCE REQUESTED Check here:
Advance payment of$ is requested. Balance of payments will be made on a
reimbursement basis. These funds are needed to pay staff,award benefits to clients,duplicate forms and
purchase supplies and equipment. Recipient would not be able to operate the program without this
advance.
ADVANCE CALCULATION
A. Number of Units expected to be completed in 60 days:
Line A times the maximum of $6,904(or Recipients
B. projected per dwelling expenditure amount- $ ):
C. Direct Charge Line Items for first 60 days: $
D. Subtotal of Lines B&C: $
Administrative expenses for first 60 days:
E. (Cannot exceed 5.25%of Line D)
F. Advance Requested (Total Lines D&E): $0.00
ADVANCE REOUEST FOR MORE THAN 60 DAYS
If the Recipient determines that it requires an advance amount to cover more than 60 days,it must complete the above
ADVANCE CALCULATION worksheet,include a written justification to support the exceptional circumstances,and
include a line item budget detail of the projected expenditure for consideration.
TRACKING OF ADVANCE EXPENDITURE
The Recipient is allowed to request an advance amount of Agreement funding to ensure timely payment of contractors along
with covering the initial operational/overhead costs for providing weatherization services. However,any advance payment
under this Ageeernent is subject to s. 216.181(16),Florida Statutes. To ensure compliance with this directive:
a) DEO will compare the advance amount received by the Recipient with the total to date expended amount on the
Recipient's second FSR to determine if an amount equal to the advance amount received has been expended.
b) If the Recipient has not expended an amount equal to the initial advance,Department staff will contact the Recipient
to determine if there is a reasonable justification for not meeting this goal. 'That justif cation along with any supporting
documentation shall be submitted in writing to DEO for review.
n• JaIc " I 'nI I5AA AI'1 1' v
2014 WAP AGREEMENT
ATTACHMENT E (Continued)
JUSTIFICATION OF ADVANCE PAYMENT
ci If the justification is not approved. an adjusttncor nay be mode to the Recipient's reimbursement request amount on
the Recipients second I'SR The requested reimbursement amount may be reduced ht the unexpended balance
remaining on the advance_ This reduction will reduce die cash advance .unount the Recipient will have on hand to
mart expenditures.
d) UHU will track the monthly expenditure amount of the Recipient through the remainder of the Agreement period. If
the Recipient fails to demonstrate the need for the advance amount provided over the course of two cc nseanivc
I sits, an adjusnmenr to the Incest 1'SR reimbursement request may be made.
e) The Recipients' performance and compliance to the advance expenditure requirement during this Agreement%hill be
taken into consideration for an' advances requested in future Agreements.
Page 31
•
2014 WAP AGREEMENT
ATTACHMENT F
WARRANTIES AND REPRESENTATIONS
A. Financial \fananement
Recipient warrants that its financial management system shall provide the h Mowing:
(1) Accurate. current and complete disclosure of the financial results of this projector Program.
(2) Records that identify the source and use of funds for all netivities. These records shall contain
infomaatinn pertaining to grant awards,authorizations,obligations, un-obligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds,propern. and other assets. Recipient shall safeguard all assets
and assure that they arc used solely for authorized Purposes.
(4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial
infimmution shall be related to performance and unit cost data.
(5) Written procedures for determining whether costs are allowed and reasonable under the provisions of the applicable
()AM cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that arc supported by backup documentation.
B. Competition
Recipient warrants the following:
(1) All procurement transactions shall be dime in a manner to provide open and free competition.
(2) 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.
(3) Awards shall be made to the bidder or offeror whose hid or offer is responsive to the solicitation and is most
advantageous to the Recipient,considering the price.quality and other factors.
(4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer
to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do
so.
C. Codes of Conduct
Recipient warrants the following:
(I) Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award
and adininistram in of contracts.
Page 32
2014 WAP AGREEMENT
ATTACHMENT F (Continued)
WARRANTIES AND REPRESENTATIONS
(2) No empinrcc, officer, or agent shall participate in the selection, itward,or administration Ma contract supported lw
public grant funds if a real nr apparent conflict of interest would he in' Ilyed. Such a conflict would arise when the
empincee, officer,or agent,any member of his or her immediate family, his tit her partner,or an organization which
employs ur is about to employ any of the parties indicated,fine a financial or tither interest in the firm selected for an
award.
(3) The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, of anything of
monetary Value from contractors,or parries to subcontracts.
(4) The standards of conduct shall provide for disciplinani actions to be applied for Violations of the standards by officers,
emplo ees,or agents of the Recipient.
D. Business I lours
The Recipient warrants that it shall have its offices open for business,with the entrance door open to the public,/ and at least
one employee on site,on (days) IYlond&y through Rios- , and from (times) 8Hm m 5 1'1 t I
Licensing and Permitting
Recipient warrants that all subcontractors or employees hired by Recipient shall have and maintain all licenses and permits
necessary to conduct the particular work for which they are hired by Recipient.
Page 33
•
2014 WAP AGREEMENT
ATTACHMENT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,INELIGIBILITY
AND VOLUNTARY EXCLUSION
](Ill I: l'nor In issuing suba yards or subcontracts under this .Agreement, the Recipient must consult the Svsrcnt fur .Award
,Nlanagement(S AAL.A) to ensure that organizations under funding consideration are not ineligible. The list is available on the
Web at hoes:: '`tit .r.uo..=od _ I(.itli Suhc,'limn Tyr must complcie this firm.
(I) 'fhe prospective subcontractor of the Recipient, , 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 ageno.
(2) AA here the Recipient's subcontractor is unable to certify ro the above statement, the prtspective subcontractor shall
attach an explanation to this form.
SUBCONTRACT()R:
By:
Signature Recipient's Name
Name and Title DR) Number
Street .Address
City,State, Zip
Date
Wo— ( lres�b(e_
Page 34
2014 WAR AGREEMENT
ATTACHMENT H
STATEMENT OF ASSURANCES
(fhe Recipient herein certifies to the milli and accuracy of the toll vying:
A. Its governing hods has duly adopted or passed as an official aa, .0 resolution,motion or similar action imthorizing the filing
of the .Agreement, including all understanding. and assurances contained therein, and directing and authorizing the Recipients
chief executive to act in connection with the agreement and to provide such additional information as man be required.
13. (;untracroc'and suite( ntractars'licenses must comply with state .nd 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. 'Me 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
necessan for protection from claims under Worker's Compensation .Acts and from claims for bodily injun,death,or peepers
damage which may arise from the performance of services under this .Agreeinent.
D. Priorin-in selection of dwellings to lie weatherized will be given households consisting of(I) the elderly; (2) persons with
disabilities:(3) households with children under twelve;(4) households with recurring high energy bills and; (.5) households with
high energy burden (I.11 IE.\P referrals).
E. 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.
F. The Recipient will permit attendance by DII(Vs representatives at any meetings of the Recipient's Board of Directors,
executive committee or legislative body.
G. The Recipient will permit on-site program evaluation by the 14.S. Department of Energy (IX Al), DEO's field
representative and by technical assistance groups assigned by DEO. The Recipient will also allow inspection,verification,and
audit of financial transactions and records by staff or agents of DEO, the Comptrollers Office,legislative or federal auditors,
and DOE personnel.
1{. 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 .Agreement will pay ten percent (FP I.) 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
lie 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 client(s) tile.
Page 35
2014 WAP AGREEMENT
ATTACHMENT I
COUNTY ALLOCATION(S1
Agreement Number: 14WX-0G-11-54-01-039
The Financial allocation specified for cash county by program is designated ro be spent in that count-. For multi-comm.
service area Recipients. in the event that circumstances will not allow the full expenditure of any program funds allocated to a
particular count',a request to expend any part of those funds in another count must be submitted in writing to Old), 'Phis
request must justify the lack of need of program services in that count. Funds may not be expended in another counts'
th ut prior written approval of DEO.
COUNTY(S) ALLOCATION AMOUNT
Monroe County $11,819.00
Puce 36
• } •
2014 WAP AGREEMENT
ATTACHMENT)
SPECIAL CONDITIONS
Monthly Expenditure Tracking Sheet (METS)
The hollowing information provides guidance on the tracking and reviewing of mid-agreement period NIGIS for the reporting
Of actual costs cbnrged to the Program Support (PS) and Adninistratian (.Admin) activities.
The NGd—Agrecnsnr:Nll I S is due to 1)110 by the 2 I•'day of the T"' nu rnrh of this .Agreement. In the event the twenty-first
day of the seventh month falls on a weekend day or holiday, the mid-agreement report shall be due no later than rile nest
business. The Recipient will submit:
a) A completed N111:PS to include all Praeram Support and -Administrative line item actual costs incurred by the
Recipient through the 64 month of this Agreement.
b) .A Revenue and I-xpenditure spreadsheet(or applicable fiscal supporting document) that will provide the actual
expenditure amounts per month to date that support the NIl;TS vitals.
Upon I)EO receipt of these documents, DEO staff will compare the Financial Status Report(I:SR) PS and .Admin amounts
with the NillS PS and Admin amounts and supporting spreadsheets. The Recipient will be notified if any other supporting
documentation is needed based upon the results of this review. If an on-site monitoring is warranted to resolve an issue, it will
be scheduled. •
I xceeding allowable percentages for PS and Admin:
a) If the Recipient is exceeding the PS 30"ee threshold or the Admin 5.25" threshold it will then be recruited to submit a
9th month NIETS along with a Revenue& Expenditure Report to date in the tenth (I 0P4) month.
b) After that review is completed,if the Recipient is still exceeding a threshold, an email will be sent to the\C:\P
Coordinator to put die Recipient on notice that the total allowable expenditure percentage has been reached, therefore
no additional funding in that category (PS or Admin) will he provided. The Recipient will continue weatherizing
dwellings until all remaining funding has been expended. Failure by the Recipient to expend all program funding by
the end of the Agreement period may result in it being placed in a probationary status for fume AA AP Agreements.
c) When the last PSR expending the remaining balance of funding in the Agreement is submitted to DE(), the Recipient
will provide a VETS that includes all costs charged in the PS and Admin categories along with the supporting
spreadsheet. The Recipient cannot exceed the percentaec caps for either PS or Admin at the end of the Agreement
period.
During the Agreement period, Department staff will he conducting an on-site monitoring Visit to the Recipient. This visit will
include a review of the documentation that supports the PS and .Admin charges reported for at least one I:SR.
Quality Work Plan Requirements
State AA eatherization Program Notice (S\\PN)I4-(12 (distributed on I ebman 24.2(114),included a copy of the L.S.
Department of Energy Weatherizatinn Program Notice (\CPN) l4 1 which outlined the Qualm'Work Plan ,QACP)
requirements to be implemented in the \C'eatherization Assistance Program nationally. The DWI) defines what constitutes a
quality inspection of weatherization measures, outlines how these measures are inspected and validated and defines acceptable
training and credentialing of workers.
During this Agree ie nt peiod DE() AA_AP staff will work with suligrantees to deltic m its Uw P policies and procedures along
with coordinating required training to meet the applicable deadlines. The Florida AA'.AP Manual will be revised a: applicable to
incumorare these new(?AAP rcyuirenents and the Arrachmcnt A, Scopc of AA'irk in this Agreement will be modified.
Pace 37
2014 WAP AGREEMENT
ATTACHMENT K
RECIPIENT INFORMATION FORM
Please complete all information applicable to your organization.
1. Recipient's full legal name:
f Cow - /� I
I°lu ctr 4py d aszd a'fp� l 00-4v Oi (ri( SSid ek.S
2. Recipient's mailing address (warrant will be mailed to this address):
Sou ^/.fhikheaci 6frec+
(:in- kit Y V eS+ zip code: 330LI0
"Felephune: 305)a9d —;56 o FAX Number:
3. Street Address (if different from above):
4. Chief Elected Official:Sy (vcCk Nkk /N
rfhv 9 A y0Q_.
(Name) I y (Title)
E-mail address: murpky Sy !Vila- @AYt(1n1M PIMIu`t�(. FAX Number:
9os
5. Executive Director:
SVtexzy I Groham . czia) giadictS Title) Tbic(c�'oe-_
(Nome) n
I-mail address: C!b-�lil.fn -'d'12� 1 � (1'�0lltl� Ph+-M.-Al-CI. FAX Number: el\ 57-Li sci
9ov
6. WAP Project Coordinator:
jMarl<nt- `Jktklev Cc-. Admin s{ro_fo
(Name) / (Title-agency designation)
Telephone: (3 OS) (99a 1`F FAX Number: CZOST)Ost q—s cp
I -mail address: ske-Ick'j -nen/r1 eat_ e MM/02 C t" off
7. Finance Director:
(\Name) (ride)
Wilk s 'It�Mc frorlrx- C� QQ ) - Le3
I�.-mail address: G C .�n¢y_F(•9e P.\S NwnhcrcJ6J � 5 76
Page 3N
w ..
CERTIFICATE OF CORPORATE RESOLUTION
I, , as Secretary of
� /r I
1 V d"tpl t CU/�I� , a Florida nonprofit Corporation
("Corporation"), hereby certify that the following is a full, true and accurate copy of the
resolution of the Board of Directors of the Corporation, duly and regularly passed and adopted at
a meeting of the Board duly called and held in all respects as required by law and by the bylaws
of the Corporation on , at which meeting a quorum of the Board was
present, and that the resolution remains in full force and effect and has not been modified or
repealed.
WHEREAS, it is in the best interest of the Corporation to enter into a grant agreement with the
Florida Department of Economic Opportunity for the Fiscal Year 2014 Weatherization
Assistance Program(WAP).
RESOLVED,that , as the
of the Corporation is hereby authorized and
empowered on behalf of the Corporation to negotiate the terms for and to enter into and execute
the above described agreement with the Florida Department of Economic Opportunity, and to
negotiate the terms for and to execute any and all related documents which are necessary to
effectuate the terms of said agreement.
Executed by me as Secretary of the Corporation on
Date
Secretary
(Corporate Seal)
President
2014 WAP Agreement Corporate Resolution Form