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Item D30D.30 Coty f�,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice, District 4 The Florida Keys � Mayor Pro Tern Craig Cates, District 1 yMichelle Coldiron, District 2 Vacant, District 3 Ij Holly Merrill Raschein, District 5 County Commission Meeting May 18, 2022 Agenda Item Number: D.30 Agenda Item Summary #10593 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510 N/A AGENDA ITEM WORDING: Approval of Federally Funded Subgrant Umbrella Agreement E2012 Modification 41 between the Florida Department of Economic Opportunity (DEO) and Monroe County Board of County Commissioners/Monroe County Social Services for the period of 05/18/2022 to 09/30/2023. This agreement encompasses the pre-existing Low Income Home Energy Assistance Program (LIHEAP) and Weatherization Assistance Program (WAP) agreements as well as an inclusion of water utilities. ITEM BACKGROUND: This cost reimbursement agreement encompasses the pre-existing Low Income Home Energy Assistance Program (LIHEAP) agreement and the existing Weatherization Assistance Program (WAP) agreement under one subgrant umbrella agreement. The period of this entire agreement is three years effective 10/01/2020 - 09/30/2023. This modification is implemented to include the Low Income Household Water Assistance Program (LIHWAP). PREVIOUS RELEVANT BOCC ACTION: BOCC approved Umbrella Agreement on 4/21/2021. CONTRACT/AGREEMENT CHANGES: adding additional program STAFF RECOMMENDATION: Approval DOCUMENTATION: Agreement E2012 04_21_2021fully executed BACKUP MONR_E2012_LIHWAP_Amendment(Mod-1) (002) FINANCIAL IMPACT: Effective Date: 05/18/2022 Packet Pg. 1096 D.30 Expiration Date: 09/30/2023 Total Dollar Value of Contract: -0- Total Cost to County: -0- Current Year Portion: N/A Budgeted: N/A Source of Funds: Grant CPI: N/A Indirect Costs: -0- Estimated Ongoing Costs Not Included in above dollar amounts: -0- Revenue Producing: N/A If yes, amount: Grant: Yes County Match: No Insurance Required: No Additional Details: N/A hI a LT/ 1 g117:" Sheryl Graham Completed 05/03/2022 10:18 AM James Molenaar Completed 05/03/2022 10:19 AM Purchasing Completed 05/03/2022 10:36 AM Budget and Finance Completed 05/03/2022 11:02 AM Brian Bradley Completed 05/03/2022 11:13 AM Lindsey Ballard Completed 05/03/2022 11:26 AM Board of County Commissioners Pending 05/18/2022 9:00 AM Packet Pg. 1097 DocuSign Envelope ID: OFC91OA6-AEBO-4BOF-BC2B-21E441300142 D.30.b Agreement #: E2012 MODIFICATION NUMBER ONE OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND MONROE COUNTY, FLORIDA On March 16, 2021, the State of Florida, Department of Economic Opportunity ("DEO"), and Monroe County, Florida ("Subrecipient"), entered into Subgrant Agreement E2012 ("Agreement"). DEO and Subrecipient are sometimes referred to herein individually as a "Party" and collectively as "the Parties." WHEREAS, Section 4 of the Agreement provides that any amendment to the Agreement shall be in writing and executed by the Parties thereto; and WHEREAS, the Parties wish to amend the Agreement as set forth herein. NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Section A., is hereby deleted in its entirety and replaced with the following: A. The U.S. Department of Health and Human Services ("HHS") administers the Community Services Block Grant ("CSBG"), the Low -Income Home Energy Assistance Program ("LIHEAP"), and the Low -Income Household Water Assistance Program ("LIHWAP") at the federal level and distributes block grant funds to the States; and 2. Section B., is hereby deleted in its entirety and replaced with the following: B. DEO is the CSBG, LIHEAP, and LIHWAP recipient grantee, and pass -through entity for the State of Florida, designated by HHS to receive funds annually for program purposes and is authorized to distribute block grant funds to subrecipients so that subrecipients may provide self-sufficiency, home energy, and water assistance benefits to eligible households; and 3. Section E., is hereby deleted in its entirety and replaced with the following: E. Subrecipient is eligible to receive LIHEAP, LIHWAP, and WAP grant funds in order to provide the services identified herein 4. Section 2., SCOPE OF WORK, first sentence, is hereby deleted in its entirety and replaced with the following: "The Subrecipient shall provide services in support of the LIHEAP, LIHWAP, and WAP Programs in accordance with the applicable Attachment(s) included with this Agreement." 5. Section 5.B., FUNDING/CONSIDERATION, is hereby deleted in its entirety and replaced with the following: B. By signing below the Subrecipient certifies that it is qualified and eligible to receive these grant funds in order to provide the services of the LIHEAP, LIHWAP, and WAP programs for which the Subrecipient receives funds from DEO. 6. Section 6.B., FISCAL AND ADMINISTRATIVE CONTROLS, is hereby deleted in its entirety and replaced with the following: Page Iof19 Packet Pg. 1098 DocuSign Envelope ID: OFC91 OA&AE130-4130E-13C26-21 E441300142 D.30.b Agreement #: E2012 B. The Subrecipient hereby certifies to DEO that written administrative procedures, processes, and fiscal controls are in place for the operation of LIHEAP, LIHWAP, and WAP programs or projects for which the Subrecipient receives funds from DEO. The written administrative procedures, processes, and fiscal controls described in this paragraph must, at minimum, comply with applicable state and federal law, rules, regulations, guidance, and the terms of this Agreement. DEO may provide periodic guidance and technical assistance to the Subrecipient to ensure compliance with this section. 7. Section 19., INFORMATION RELEASE AND PUBLIC RECORDS REQUIREMENTS, is hereby amended to add the following: L. CONFIDENTIALITY AND SAFEGUARDING INFORMATION (1) Each party may have access to confidential information made available by the other. Subrecipient shall comply with the provisions of the Florida Public Records Act, Chapter 119, F.S., and other applicable State and federal laws governing the disclosure of any confidential information received by the State of Florida. Subrecipient must implement procedures to ensure the protection and confidentiality of all data, files, and records involved with this Agreement. (2) Except as necessary to fulfill the terms of this Agreement and with the permission of DEO, Subrecipient shall not divulge to third parties any confidential information obtained by Subrecipient or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Subrecipient's work. (3) Subrecipient agrees not to use or disclose any information concerning a recipient of services under this Agreement for any purpose not in conformity with state and federal law or regulations except upon written consent of the recipient or his responsible parent or guardian when authorized by law, if applicable. (4) If Subrecipient has access to confidential information in order to fulfill Subrecipient's obligations under this Agreement, Subrecipient agrees to abide by all applicable DEO Information Technology Security procedures and policies. Subrecipient (including its employees, subcontractors, agents, or any other individuals to whom Subrecipient exposes confidential information obtained under this Subrecipient), shall not store, or allow to be stored, any confidential information on any portable storage media (e.g., laptops, thumb drives, hard drives, etc.) or peripheral device with the capacity to hold information. Failure to strictly comply with this provision shall constitute a breach of contract. (5) Subrecipient shall notify DEO in writing of any disclosure of unsecured confidential information of DEO by Subrecipient, its employees, agents, or representatives which is not in compliance with the terms of the Agreement (of which it becomes aware). Subrecipient also shall report to DEO any Security Incidents of which it becomes aware, including those incidents reported to Subrecipient by its employees, subcontractors, representatives, or agents. For purposes of this Agreement, "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of DEO information in Subrecipient's possession or electronic interference with DEO operations; however, random attempts at access shall not be considered a security incident. Subrecipient shall make a report to DEO not more than seven (7) business days after Subrecipient learns of such use or disclosure. Subrecipient's report shall identify, to the extent known: (i) the nature of the unauthorized use or disclosure, (ii) the confidential information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has Page 2of19 Packet Pg. 1099 DocuSign Envelope ID: OFC91 OA6-AEBO-4BOF-BC2B-21 E441300142 D.30.b Agreement #: E2012 done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Subrecipient has taken or shall take to prevent future similar unauthorized use or disclosure. Subrecipient shall provide such other information, including a written report, as reasonably requested by DEO's Information Security Manager, at Subrecipient's sole expense. (6) In the event of a breach of security concerning confidential personal information involved with this Agreement, Subrecipient shall comply with the provisions of section 501.171, Florida Statutes. When notification to affected persons is required under this section of the statute, Subrecipient shall provide that notification, at Subrecipient's sole expense, but only after receipt of DEO's approval of the contents of the notice. Defined statutorily, and for purposes of this Agreement, "breach of security" or "breach" means the unauthorized access of data in electronic form containing personal data. Good faith acquisition of personal information by an employee or agent of Subrecipient is not a breach, provided the information is not used for a purpose unrelated to Subrecipient's obligations under this Agreement or is not subject to further unauthorized use. 8. Section 22., MANDATED CONDITIONS AND OTHER LAWS, is hereby amended to add the following S. Pursuant to State of Florida Executive Order Number 21-223, Subrecipient shall utilize the U.S. Citizenship and Immigration Services' Systematic Alien Verification for Entitlements program (known as "SAVE"), or any successor or similar applicable verification program, to confirm the eligibility of beneficiaries before providing any funds, resources, benefits, or any other thing of value during the Agreement term. Further, Subrecipient shall include in related subcontracts a requirement that subcontractors performing work or providing services pursuant to the Agreement utilize SAVE, or any successor or similar applicable verification program, to confirm the eligibility of beneficiaries before providing any funds, resources, benefits, or any other thing of value during the Agreement term. 9. Section 29.C., ATTACHMENTS AND EXHIBITS, is hereby amended to add the following attachment: "Attachment A-3 — Low -Income Household Water Assistance Program Scope of Work" 10. Exhibit 1-A, Funding Sources, is hereby deleted in its entirety and replaced by the revised Exhibit 1-A, which is attached hereto and incorporated herein by reference. 11. Attachment A-3, Low -Income Household Water Assistance Program Scope of Work, is hereby added to this Agreement, which is attached hereto and incorporated herein by reference. 12. Attachment F, Transparency Requirements, is hereby deleted in its entirety and replaced by the revised Attachment F, which is attached hereto and incorporated herein by reference. 13. All other terms and conditions of the Agreement remain in full force and effect. [Rest of page left intentionally blank] Page 3 of 19 Packet Pg. 1100 DocuSign Envelope ID: OFC91OA&AE1304BOF-BC213-21E441300142 D.30.b Agreement #: E2012 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FEDERALLY FUNDED SUBGRANT AGREEMENT SIGNATURE PAGE IN WITNESS THEREOF, by signature below, the Parties agree to abide by the terms, conditions, and provisions of Agreement E2012 as amended. This Amendment is effective on the date the last Party signs this Amendment. SUBRECIPIENT MONROE COUNTY, FLORIDA By: (Signature) (Print/Type Name and Title Here) Date: 59-6000749 Federal Identification Number KLSCT2LM7M9 UEI Number E2012 Agreement Number-w_.......... STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY By: Dane Eagle, Secretary Department of Economic Opportunity Date: Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. Office of the General Counsel Department of Economic Opportunity By: Approved Date: K40NROE COUNTY ATTORNEY PPROED AS TO FORM DAMES M ENAAR ASSISTANT CO NTY' ORNEYme,D. DadeJames D. Mo enaar Molenaar Date: 2022.05.03 10:16:23-04'00' Page 4 of 19 Packet Pg. 1101 DocuSign Envelope ID: OFC91 0A6-AEl30-4B0E-BC2B-21 E441300142 D.30.b Agreement #: E2012 ATTACHMENT A-3 LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM SCOPE OF WORK AND FUNDING SOURCES 1. SUBRECIPIENT RESPONSIBILITIES Subrecipient shall comply with, and if applicable, shall ensure all subcontractors' compliance with, the followinf requirements: 0 A. COMPLIANCE REQUIREMENTS (1) Subrecipient shall use the LIHWAP funds to provide water assistance benefits to eligible households with lo1A o income. These funds will be expended in accordance with applicable law and the terms of this Agreement, including, but not limited to attachments, applicable federal cost principles and regulations, and the currem LIHWAP State Plan. (2) Subrecipient shall comply with all applicable U.S. Department of Health and Human Services laws, including, 0 but not limited to, title 42 U.S.C. Chapter 106, and all applicable regulations as set forth in title 45 C.F.R. Part 75 and Part 96, as well as 2 C.F.R § 175.15(b) as it relates to 22 U.S.C. 7104 Prevention of trafficking. B. PAYMENT AND DELIVERABLES Subrecipient shall be reimbursed monthly for expenditures reported on its Monthly Financial Activity, as describec in this Attachment for successful completion of the Deliverable, as solely determined by DEO. Deliverable: Direct Client Services and Hours of Operation (1) Subrecipient shall provide services to a minimum of one household per month and shall have its mair administrative office(s) open for business, with the entrance door open to the public, and at least one employee on site Monday through Friday, during the hours of 8:00 am to 5:00 pm. This operating hour requirement does not apply to Subrecipient's outreach locations (Minimum Level of Service). (2) Subrecipient shall submit a revenue and expense statement supporting costs in sufficient detail to evidence such costs were allowable, reasonable, allocable, and necessary to serve eligible clients. (3) Subrecipient shall each month submit a Monthly Financial Activity as described in this Attachment C. FINANCIAL CONSEQUENCES (1) Failure to successfully complete the Minimum Level of Service for the above Deliverable, as determined b) DEO in its sole discretion, will result in nonpayment. DEO shall not reimburse any expenditures associatec with the Deliverable not accepted by DEO as successfully completed; however, this does not preclude Subrecipient from receiving payment for such expenditures upon successful completion of the Deliverable. (2) The Financial Consequences identified in this Agreement do not preclude Subrecipient from being subject tc "Debarment and Suspension" as prescribed by DEO. When a Subrecipient fails to comply with the terms o this Agreement, a temporary suspension of funding for enforcement purposes may be instituted. D. DEFINITIONS (1) "Administrative Expense" —Those costs for general administration and coordination of the program, including direct and indirect costs. This includes the salaries, fringe, rent, utilities, travel, etc. associated with financia and administrative management of the program. (2) "Applicant" —A person or persons who has submitted or requested an application for services. (3) "Application Date" — The date the application is completed (whether by self or with assistance), signed by tht Applicant, and verified by Subrecipient's staff. This date shall not be changed. (4) "Application Receipt" —The date an Applicant first submits an application for assistance. Page 5of19 Packet Pg. 1102 DocuSign Envelope ID: OFC91OA6-AEBO-4BOF-BC2B-21E441300142 D.30.b Agreement #: E2012 (5) "Client" — An Applicant, household, or customer whose application for assistance has been approved. (6) "Crisis Assistance" — Assistance provided to an Applicant with no access to, or in danger of losing access to, needed home water and/or wastewater services. Subrecipient may provide up to two (2) Crisis Assistance benefits per year. (a) A maximum of one (1) Home Water Crisis Assistance benefit may be applied to a Client's account tc reconcile arrearages and restore water and/or wastewater services up to the maximum benefit amount allowable according to those designated in the LIHWAP manual, within a twelve (12) month period. (b) A maximum of one (1) Home Water Crisis Assistance benefit may be applied to a Client's account tc reconcile any fines or fees that would disrupt reconnection to water and/or wastewater services up to the maximum benefit amount allowable according to those designated in the LIHWAP manual, within a twelve o (12) month period. (7) "Eligible Actions" —An action which provides for an intervention to mediate a crisis situation. All application, for Crisis Assistance must be acted upon by Subrecipient with an Eligible Action taken to mediate the crisis 5 within eighteen (18) hours of Application Receipt. Eligible Actions include: (a) Approval of application; E (b) Denial of application pending further information; (c) Denial of application because Applicant is deemed ineligible; (d) Contact utility vendor to halt water and/or wastewater disconnection or interruption in services; or (e) Written referral to, along with providing Applicant assistance in contacting, another agency if LIHWAP funding is not available or the Applicant is ineligible. (8) "Home Water Assistance" —Assistance provided to an Applicant to reduce the Applicant's overall home wate burden. Subrecipient must provide at least one (1) Home Water Assistance benefit per calendar year. (a) A Client may not receive more than one (1) Home Water Assistance benefit per calendar year. (b) The benefit is not contingent upon current or past due amounts and can be used as a direct credit to the Client's account. (c) Maybe used to pre -pay home water and/or wastewater services up to the amount the Client is eligible tc receive. (d) Must follow the current benefit payment matrix provided by DEO. (9) "Household Water Crisis" —shall be defined as having no access or being in immediate danger of losing acces to needed household water and/or wastewater services because of any of the following: (a) The Applicant's household water source and or wastewater services have been cut off; (b) The Applicant has been notified that the household water source and or wastewater services is going tc be cut off or disconnected; (c) The Applicant has received a notice indicating their home water and/or wastewater utility is delinquen or past due; (d) The Applicant is unable to get delivery of water, does not have access to water, or is in danger of losing access to water and/or wastewater services; (e) The Applicant has a bill for which the due date has lapsed; or (f) The Applicant has other problems with access to clean drinking water and/or wastewater services to thei home, such as needing to pay a deposit or needing interim emergency measures to avoid further crisis. (10)"Outreach Expenses" — costs incurred in delivering LIHWAP services that are not purely administrative ii nature. This may include staff expenses such as salaries, fringe, rent, utilities, travel, etc. for those employee performing outreach and intake, costs for advertising, costs for application supplies and storage of client file! Page 6of19 Packet Pg. 1103 DocuSign Envelope ID: OFC91 OA6-AEBO-4BOF-BC2B-21 E441300142 D.30.b Agreement #: E2012 (11)"Reasonable Promptness" — Means within fifteen (15) working days of Application Receipt. E. PROGRAM TASKS & REQUIREMENTS (1) Subrecipient will administer the LIHWAP Program in accordance with information and directives provided it DEO-issued Information Memorandum notifications, DEO-issued policy directives (if any), applicable federa law, and this Agreement. (2) Subrecipient shall develop an outreach plan and conduct and document outreach activities designed to ensure ,g that eligible households, especially households with elderly or disabled individuals, young children, and those with the highest home water burden are made aware of the assistance available under this Agreement. The outreach plan must be submitted to DEO within sixty (60) days of funding award. o (3) Subrecipient shall assist each Applicant in securing help through other community resources when LIHWAF funds are not available or are insufficient to meet the emergency home water and/or wastewater needs of ar Applicant. (4) Subrecipient shall maintain the following written policies: (a) A written policy that outlines its procedure and requirements for conducting home visits to home-bounc Applicants, especially the elderly or disabled, for completion of the program application or eligibility determination when other assistance is not adequate. (b) A written policy to secure Applicants' social security numbers in order to protect their identity. At 2 minimum, this policy shall address the handling of both paper and electronic records and files Subrecipient shall, in collecting Applicants' social security numbers, use the Notice Regarding Collectior of Social Security Numbers. The Notice shall be signed by the Applicant and maintained in the Client file. (c) A written policy to assure that all water and/or wastewater vendors to which water assistance payment! are made comply with the requirements of section H of this Attachment. (d) A written policy on how to document and verify that an Applicant meets the definition of a Home Watel Crisis and is eligible for Crisis Assistance. o (e) A written policy to ensure that LIHWAP funds are appropriately budgeted and expended to sufficiently allow for energy assistance benefits in both the heating and cooling seasons. (f) A written policy for determining Applicant's eligibility for receiving benefits under the LIHWAP program. (g) A written appeals and complaint policy that provides an opportunity for a fair administrative hearing tc Applicants or Clients whose applications for assistance are denied or whose applications are not actec <i upon with Reasonable Promptness. Subrecipient shall post its appeal and complaint policy in a prominen place within Subrecipient's office viewable by all Applicants and Clients. (5) Subrecipient shall, within fifteen (15) working days of the Application Date, furnish a written Notice of Denia and Appeals for each Applicant denied assistance. At a minimum, the written Notice of Denial and Appeal., shall contain: (a) Name of Applicant; (b) Date of Application; (c) Type of benefits sought; (d) Reason(s) for denial; (e) Statement on Subrecipient's benefit limits, if applicable; (f) Statement of appeals process; (g) Explanation of the circumstances under which the Applicant may reapply; (h) Explanation of the information or documentation needed for the Applicant to reapply; (i) Name, phone number, and address applicable to the appeal process; and (j) Number of days the Applicant has to file the appeal. (6) At a minimum, Subrecipient's appeals process must provide an opportunity for an Applicant or Client Page 7of19 Packet Pg. 1104 Agreement #: E2012 (I T a i u I TIMMAIM T'571=6 days of receipt of the written Notice of Denial and Appeal: (a) Upon receipt of a validly filed appeal or complaint® Subrecipient shall respond in writing within ten (1Q working days. records sufficient to document referrals. (9) Subrecipient shall enter into an MOU with service area providers for the Emergency Home Water AssistanCE for the Elderly Program (EHWAP). The MOU will ensure coordination of services, avoid duplication o! assistance, and increase the quality of services provided to elderly participants. The Subrecipient shall revie\A and renew the MOU at least every two (2) years. The MOU will detail how LIHWAP and EHWAP records (foi households with elderly members) will be checked to avoid duplicate Crisis Assistance payments during thE same season. Subrecipient shall maintain records sufficient to document coordination. with the days and times as stated in section B. (1) of this Attachment. (14)Subrecipient shall refund to DEO, with non-federal funds, all funds incorrectly paid on behalf of Clients tha cannot be collected from the Client. (15)Subrecipient shall have appropriate staff attend training sessions scheduled by DEO to cover LIHWAP policie FW#F-=MM (16)Subrecipient shall furnish training for all staff members assigned responsibilities within the program. (17)Subrecipient shall be in a position to accept applications after execution of this Agreement and adequat( funding is provided. Subrecipient shall continue taking applications until this Agreement expires or funds ar( exhausted, whichever comes first. Page 8 of 19 1 Packet Pg. 1105 1 DocuSign Envelope ID: OFC910A&AE130-460E-13C213-21E441300142 D.30.b Agreement #: E2012 F. (18)Subrecipient shall comply with the Federal Financial Accountability and Transparency Act (FFATA). Thi includes maintaining an active and current profile in the System for Award Management (SAM (http://www.sam.gov/SAM/) . (19)Subrecipient shall publish and publicize its local outreach office telephone number, as well as the days ani times the outreach office is open. If applicable for the area served, Subrecipient shall have a toll -free telephone number. CLIENT SERVICES AND BENEFITS (1) Subrecipient shall provide LIHWAP Household Water Assistance benefits based on the state provided LIHWAI c� Payment Matrix. The benefit amount is based on the household's income level as compared to the Nationa o Poverty Guidelines and the State Median Income (SMI). (2) The following maximum benefits will be available to eligible Applicants: (a) One (1) Home Water Assistance Crisis Assistance benefit for the purpose of reconciling past du( 0 �s arrearages and restoring water and/or wastewater services per twelve (12) month period; (b) One (1) Home Water Assistance Crisis Assistance benefit for the purpose of reconciling any fees or fine: that would disrupt reconnection to water and/or wastewater services per twelve (12) month period; an( (c) One (1) non -Crisis Home Water Assistance benefit may be used to pre -pay for home water and/o wastewater service usage up to the maximum allowable benefit specified in the LIHWAP manual pe twelve (12) month period. (3) Based on local need for LIHWAP services and other non-LIHWAP water assistance resources in its service area Subrecipient may limit Crisis Assistance benefits to less than those stated in section F.(2) of this Attachment but not less than one (1) Crisis Assistance benefit per year. (4) Subrecipient shall determine the correct amount of each Crisis Assistance benefit based on the minimurr necessary to resolve the crisis, but not more than the maximum set by DEO. DEO will inform the Subrecipierr o of the maximum crisis benefit prior to the beginning of each program year. (5) When the Applicant is in a crisis situation the Subrecipient shall take one or more Eligible Actions that wil resolve the emergency, within eighteen (18) hours of Application Receipt for a life threatening situation of forty-eight (48) hours of Application Receipt for a non -life threatening situation, using a Crisis Assistance benefit and documenting the Client file with which Eligible Action was used. � 6 () For all approved applications, Subrecipient shall make payments to vendors on behalf of approved A Ilcant� pP pp p� P Y pP pp no more than forty-five (45) calendar days from the Application Date. (7) Subrecipient shall, within fifteen (15) working days of the Application Date, furnish in writing to each approve( Applicant a Notice of Approval and Appeals which includes: ®ai (a) Type and amount of assistance; (b) Name of the water vendor to be paid on the Client's behalf; (c) The next date when the Client will be eligible to apply for further assistance; and (d) Subrecipient's Appeal policy. (8) For Crisis Assistance Applicants, Subrecipient shall compare LIHWAP records and EHWAP records foi households with elderly members to avoid duplicate Crisis Assistance payments during the same eligibility period and maintain documentation sufficient to ensure compliance with this requirement. (9) Applicant eligibility shall be based on the following factors: (a) Subrecipient may only assist Applicants who are, or were, residing in its LIHWAP service area at the time the home water costs were incurred. (b) The Applicant must complete an application and return all required information and verification tc Subrecipient or subcontractor.. Page 9 of 19 Packet Pg. 1106 DocuSign Envelope ID: OFC910A6-AEBO-4BOF-BC2B-21E441300142 D.30.b Agreement #: E2012 (c) The Applicant must provide a utility bill verifying an obligation to pay home water and/or wastewate costs. (d) The Applicant must have a total gross household income of not more than 150% of the current OM federal poverty level for their household's size. (e) To receive a Crisis Assistance benefit, the Applicant must meet the requirements of having a verifiabl Household Water Crisis as this term is defined in section D. (9) of this Attachment. (f) If the Applicant lives in government subsidized housing, Subrecipient shall determine if all or part c Applicant's utility costs are paid directly or indirectly by the government and then take the followin appropriate action: (i) Subrecipient shall not provide assistance to an Applicant if Applicant's home water and/or wastewate costs are totally included in Applicant's rent and Applicant has no obligation to pay any portion of th, costs. (ii) For Crisis Assistance Only: If the Applicant receives a water and/or wastewater service subsidy throug, Section 8 or a Public Housing Authority, then Subrecipient shall subtract the amount of the subsid available to the Applicant during the period covered by the utility bill from the allowable LIHWAP crisi benefit calculated for the household. (iii) For Home Water Assistance Only: If utility costs are not paid directly or indirectly by a governmen entity, the Applicant is eligible for a Home Water Assistance benefit with no deductions at the same level as other Applicants. (g) The Applicant must not reside in a group living facility or a home where the cost of residency is at leas partially paid through any foster care or residential program administered by the state. (h) The Applicant must not be a student living in a dormitory. (10)Calculation of income eligibility: (a) Use the past thirty (30) days earnings for all occupants of the household annualized, or the Applicant' most current economic situation, whichever is lower. (b) Reference the current year Sources of Allowable Income to determine what is and is not considered a allowable income. (c) Total household income cannot exceed the 150% poverty level as set forth in the Federal Povert, Guidelines (FPG) or 60% of the State Median Income (SMI), whichever is higher. (d) If an Applicant cannot document household income and does not receive food stamps, the Subrecipien shall accept a signed self -declaration of income statement that adequately explains exceptiona circumstances and gives the amount of the Applicant's income. (e) No household may be excluded solely on the basis of income if the household income is less than 1109 of the poverty level. G. CLIENT RECORDS Subrecipient shall maintain information in a file for each LIHWAP Client that includes at least the followin€ information: (1) Client's name, address, sex, and age, and customer name on utility account (if not the Client); (2) Names, ages, and current identification documentation (no more than one year expired) of all househok members; (3) Social Security Numbers and documentation of such numbers for all household members or the citation tc the applicable exemption; (4) Signed Notice Regarding Collection of Social Security Numbers; (5) Income amount and method of verification for all household members; (6) Income documentation to support eligibility; Page 10 of 19 Packet Pg. 1107 DocuSign Envelope ID: OFC910A6-AEBO-4BOF-BC2B-21 E441300142 D.30.b Agreement #: E2012 (7) Signed statement of self -declaration of income, if applicable; (8) Signed statement of how basic living expenses, such as food, shelter, and transportation are being provided ill the total household income is less than 50% of the current Federal Poverty Guidelines and no one in the household is receiving SNAP assistance; (9) Copies of approval or denial letters, including appeal procedures, provided to the Client; (10)Documentation of disability income or physician's statement if preference or additional benefit provided due to a disability; (11)Documentation of Client's obligation to pay the water bill for the residence in which Client resides; (12)Signed Authorization for Release of General and/or Confidential Information for LIHWAP Data, or notation that the Client did not sign the waiver; (13)Utility Account Number; (14)lf LIHWAP prevented disconnection or restored a water disruption and/or wastewater service; and (15)A signed LIHWAP application with signatures of the Applicant, Subrecipient's representative, and supervisory staff. H. WATER and WASTEWATER VENDORS (1) Unless special circumstances exist which permit Subrecipient to make a payment in the form of a two-party check made payable to the Client and the water vendor, Subrecipient shall negotiate and maintain written agreements (the "Vendor Agreement") with water vendors which must at a minimum include: (a) The beginning and ending date of the Vendor Agreement. (b) The name and/or title of key contact staff with both the Subrecipient and energy vendor who are authorized to resolve a crisis situation and make a payment commitment on behalf of a Client. (c) A description of how Subrecipient shall make water payments directly to the water vendor on behalf of LIHWAP Clients. (d) Assurances from the water vendor that no household receiving LIHWAP assistance will be treated adversely by the water vendor because of such assistance under applicable provisions of state law of public regulatory requirements. (e) Assurances from the water vendor that it will not discriminate, either in the cost of goods supplied or the services provided, against the eligible household on whose behalf payments are made. (f) A statement that only water related elements of a utility bill are to be paid. No electric charges may be paid except if required by the water vendor to resolve the crisis and no other resources to pay that portior of the bill can be secured by the Client or Subrecipient. (g) A statement that Subrecipient may not pay for charges that result from illegal activities such as a bad check or meter tampering. A statement that the water vendor is aware that those charges are the responsibility of the Client. (h) A statement that the water vendor is aware that when the benefit amount does not pay for the complete charges owed by a Client, the Client is responsible for paying the remaining amount owed. (i) Details on how the water vendor will assist Subrecipient in verifying the LIHWAP Client's account information and, in the case of crisis assistance, make timely commitments to resolve the crisis. A proces! should be in place to verify the current amount owed and the amount necessary to resolve the crisi< situation. (j) Subrecipient's commitment to make payment to the water vendor no more than forty-five (45) calendai days from the Application Date. (k) A statement that the water vendor is aware that if LIHWAP payments made to the water vendor cannot be applied to the Client's account, the funds will be returned to Subrecipient or, with Subrecipient'! approval, applied to another eligible Client's account. (2) If the water vendor will participate in the Annual Performance Measure Data Collection, the Vendoi Agreement shall also contain: Page llofl9 Packet Pg. 1108 DocuSign Envelope ID: OFC91W-AE130-413OF-13C26-21 E441300142 D.30.b Agreement #: E2012 (a) An assurance that the Subrecipient shall collect signed Authorization for Release of General and/oi Confidential Information for LIHWAP Data from eligible Applicants who choose to allow their data to be collected as part of the annual performance measures and ensure the signed releases are available for inspection by the water vendor. (b) An assurance that the water vendor is aware that as long as signed Authorizations for Release of Genera and/or Confidential Information for LIHWAP Data are collected and available, the water vendor will provide the requested customer data to DEO. (3) The water vendor must be in "active" status with the State of Florida httia //sunbiz.org`/"search.html and the water vendor's name must be checked on SAMS at htts dwwvv msamov. The name on the Vendol Agreement must match the legal business name on the State of Florida website. Municipal providers are excluded from this requirement. (4) The Vendor Agreement must be reviewed by both parties at least every two (2) years. (5) The Vendor Agreement must be signed by upper level management of both Subrecipient and the water vendor authorized to enter into such commitments. 2. REPORTS Subrecipient shall submit the following reports to DEO as specified below. A. ANNUAL REPORTS (1) IRS Form 990: Subrecipients that are below the $750,000 threshold for all Federal awards in its fiscal year, are non-profit entities, and exempt from the Federal Single Audit Act requirements, shall submit with it! Agreement proposal a copy of its most recent IRS Form 990. (2) LIHWAP Annual Household Report: Subrecipient shall complete and submit the LIHWAP Annual Householc Report on an annual basis. Subrecipient shall be notified in writing of the due date and submissior requirements. (3) LIHWAP Annual Performance Measures Report: Subrecipient shall complete and submit the LIHWAP Annua Performance Measures Report on an annual basis. Subrecipient shall be notified in writing of the due date and submission requirements. B. MONTHLY REPORTS (1) Subrecipient shall submit to DEO the LIHWAP Monthly Financial Activity no later than the 211 day of each month following the end of the reporting month in which funds were expended. Subrecipient shall submit the Financial Activity regardless of whether funds were expended. DEO will make its determination whether tc reimburse Subrecipient's costs based on Subrecipient's successful completion of deliverables, as evidences by information contained in and submitted with the Financial Activity. Only with prior approval by DEO wil more than one (1) reimbursement be processed for any calendar month. The Monthly Financial Activity must be submitted in DEO's current electronic financial management system and a signed copy submitted v4 facsimile or electronic mail by the due date. In the event the twenty-first day of the month falls on a weekenc day or holiday, the Monthly Financial Activity shall be due on the next business day. (a) Each Monthly Financial Activity shall contain the following information, at a minimum: (i) all expenditures that occurred during the reporting month, (ii) the amount of reimbursement requested, and (iii) the number of Clients served. Page 12of19 Packet Pg. 1109 DocuSign Envelope ID: OFC91OA6-AEBO-4BOF-BC2B-21E441300142 D.30.b Agreement #: E2012 0 E. F. G. (b) An authorized signatory shall sign, date, and attest to the veracity of each Monthly Financial Activity. Subrecipient's submission of a signed and completed Monthly Financial Activity is Subrecipient's acknowledgement and certification that all expenditures listed therein: are reasonable, necessary, allowable, and allocable; were expended in accordance with the terms and conditions of this Agreement as well as all applicable federal, state, and local laws, regulations and written guidance; and have been reconciled with supporting documentation by Subrecipient, which is readily available to Recipient upon �. request. (c) DEO shall review each Monthly Financial Activity for compliance with the requirements as stated in this Attachment of this Agreement. (2) Subrecipient shall submit the Monthly Client Services Report via the current online client tracking and o reporting system to DEO no later than the 215t day of each month following the end of the reporting month in which Clients were served. (3) Subrecipient shall submit the Monthly Outreach Report to DEO no later than the 215t day of each month �s following the end of the reporting month in which outreach was conducted. MONITORING REPORT RESPONSES Subrecipient shall provide a written response to DEO for all monitoring report findings or concerns no later than thirty-five (35) calendar days from the date of the original monitoring report. DEO shall notify Subrecipient of the due date for any subsequent monitoring report responses as may be required. If the 35th day falls on a weekenc day or holiday, the response to the original report shall be due on the next business day. Subrecipient may request an extension in writing for DEO's review and approval. COST ALLOCATION PLAN Per title 45 C.F.R. § 75.405, Subrecipient is required to have written financial management systems procedures for determining the reasonableness, allocability, and allowability of costs in accordance with the provisions of the cost principles and terms and conditions of the award. To document this, Subrecipient must submit a copy of its o written Cost Allocation Plan to DEO with this Agreement. INDIRECT COST RATE PROPOSAL Subrecipients of federal awards are required to have an approved, federally recognized indirect cost rate negotiated between such subrecipients, and the Federal Government. If no such rate exists, then Subrecipieni shall have either a rate negotiated with DEO (in compliance with 45 C.F.R. Part 75), or a de minimis indirect cost E rate as set forth in 45 C.F.R. §75.414(f). Subrecipient shall submit its current Indirect Cost Rate Proposal to DEC CL i with this Agreement. If Subrecipient chooses to use the de minimis rate, Subrecipient shall make sure it is legally entitled to use that rate and include a statement to DEO to that effect with this executed Agreement. Subrecipieni is not obligated to establish an indirect cost rate if Subrecipient does not charge indirect costs. Ni OTHER REPORTS Upon reasonable notice, Subrecipient shall provide such additional program updates, reports, and information a, `N may be required by DEO, including supporting or source documentation for any reports identified above in thi! Attachment. CLOSE-OUT REPORT The LIHWAP Close -Out Report is due forty-five calendar days after termination of the Agreement or forty-five (45 calendar days after completion of the activities contained in the Agreement, whichever occurs first. If the forty E fifth calendar day falls on a weekend day or holiday, the Close -Out Report shall be due on the next business day Subrecipient shall submit original signed documents to DEO that include, at a minimum, the Close -Out Cove Sheet, the LIHWAP Final Financial Status Report, property inventory and accrual report, report on interest bearinf accounts, a refund check for any unspent funds, if applicable, and a refund check for any interest earned or advances, if applicable. Page 13of19 Packet Pg. 1110 DocuSign Envelope ID: OFC91OA6-AEBO-4BOF-BC2B-21E441300142 D.30.b Agreement #: E2012 H. SUBMISSION Unless otherwise noted, reports shall be submitted to Subrecipient's designated Contract Manager as assigned by DEO and delivered by standard mail or electronic mail using the contact information provided in Paragraph 15 of this Agreement. 3. PROGRAM STATUTES AND REGULATIONS A. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES The applicable documents governing service provision regulations are in the Low -Income Home Energy Assistance Act of 1981 (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35), as amended, and the "Uniform Administrative Requirements, Cost Principles and Audit Requirements for HHS Awards 45 C.F.R., Part 75" (hereinafter o referred to as the "Uniform Guidance"). If this Agreement is made with a commercial (for -profit) organization on a cost - reimbursement basis, Subrecipient shall be subject to Federal Acquisition Regulations 48 C.F.R. 31.2. Executive Ordel 12549, Debarment and Suspension from Eligibility for Financial Assistance (Non -procurement) and the following Federa Department of Health and Human Services regulations codified in Title 45 of the Code of Federal Regulations are alsc �s applicable under this Agreement: 2 (1) Part 16 — Procedures of the Departmental Grant Appeals Board; (2) Part 30 — Claims Collection; (3) Part 80— Nondiscrimination Under Programs Receiving Federal Assistance Through the Department of Health and Human Services, Effectuation of Title VI of the Civil Rights Act of 1964; �s (4) Part 81— Practice and Procedure for Hearings Under Part 80 of this Title; (5) Part 84 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financia LO Assistance; N (6) Part 86 — Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving Federa Financial Assistance; (7) Part 87 — Equal Treatment for Faith Based Organizations; (8) Part 91—Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance from HHS; (9) Part 93 — New Restrictions on Lobbying; (10)Part 96 — Block Grants; and (11)Part 100 — Intergovernmental Review of Department of Health and Human Services Programs and activities. B. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY As required by Section 508 of Public Law 103-333, when issuing statements, press releases, requests for proposals bid solicitations and other documents describing projects or programs funded in whole or in part with Federa money, all Subrecipients receiving Federal funds, including but not limited to State and local governments anc Subrecipients of Federal research grants, shall clearly state: (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) the percentage and dollar amount of the total costs of the project or program that will be financed b) nongovernmental sources. C. INTEREST FROM CASH ADVANCES Subrecipients shall invest cash advances in compliance with 45 C.F.R. § 75.305, Payment, paragraph (b)(8). D. PROGRAM INCOME Pursuant to 45 C.F.R. § 75.307 Subrecipient may apply net program income, after costs incident to the generatior of gross program income are deducted, excluding interest income, to meet matching requirements, or ma) reprogram it for eligible program activities. The amount of program income and its disposition must be reporter Page 14of19 Packet Pg. 1111 DocuSign Envelope ID: OFC910A&AE130-413OF-13C26-21 E441300142 D.30.b Agreement #: E2012 to DEO at the time of submission of the final close-out report. Expenditure of program income balances a Agreement end must be approved by DEO. E. BONDING (1) Non -Profit Organizations: Subrecipient shall purchase a blanket fidelity bond covering all officers, employee! and agents of Subrecipient holding a position of trust and authorized to handle funds received or disbursec under this Agreement. Individual bonds apart from the blanket bond are not acceptable. The amount of the ,2 bond must cover each officer, employee and agent up to an amount equal to at least one-half of the tota LIHWAP agreement amount. Subrecipient shall submit documentation prior to execution of this Agreement. (2) Local Governments: Subrecipient shall purchase a fidelity bond in accordance with section 113.07, F.S. The o fidelity bond must cover all officers, employees and agents of Subrecipient holding a position of trust anc authorized to handle funds received or disbursed under this Agreement. Subrecipient shall submi- documentation prior to execution of this Agreement. F. MONITORING (1) DEO shall conduct a full onsite review of Subrecipient at least once during each three-year period. Subrecipien shall allow DEO to carry out monitoring, evaluation and technical assistance, and shall ensure the cooperatior of its employees, and of any subcontractors with whom Subrecipient contracts to carry out program activities (2) DEO shall provide training and technical assistance, within the limits of staff time and budget availability, upor request by Subrecipient or determination by DEO of Subrecipient need. (3) DEO shall conduct follow-up reviews including prompt return visits to Subrecipients that fail to meet the goals standards, and requirements established by the State and federal funding agency. G. OTHER PROVISIONS (1) Subrecipient shall budget a minimum of twenty-five percent (25%) of the total Agreement funds foi Household Water Assistance. (2) Subrecipient shall budget a minimum of two percent (2%) of the total NFA funds awarded for a program yeas for Weather Related/Supply Shortage emergency assistance. These funds must be held in the Weathei Related/Supply Shortage budget line item category for each NFA until the end of the corresponding progran year, for use in response to a possible disaster. These funds will only be used during state or federa emergencies declared officially by the President, the Governor, or the Secretary of DEO. In the event of ar emergency being officially declared, if Subrecipient or DEO finds that two percent (2%) of the Weathei Related/Supply Shortage emergency assistance budget is not sufficient to meet the emergency, Subrecipien may draw from other budgeted line items, up to fifty percent (50%) of the total NFA budget, without additiona written authorization. When funds are distributed for a weather-related/supply shortage emergency, DEO wil provide binding directives as to the allowable expenditures of the funds. After the end of the program year, i no emergency has been declared, DEO will release the corresponding NFA funds and Subrecipient will allocate these funds to the crisis or home energy budget line item. Subrecipient shall comply with these directives o agree that these funds will remain with DEO. (3) In addition to the record keeping, public records, and audit requirements contained in sections 9 and 19 o this Agreement, the books, records, and documents required under this Agreement must also be available fo copying and mechanical reproduction on or off the premises of Subrecipient. (4) If the U.S. Department of Health and Human Services initiates a hearing regarding the expenditure of fund: provided under this Agreement, Subrecipient shall cooperate with, and upon DEO's written request participate with DEO in the hearing. (5) Subrecipient shall maintain records sufficient to allow DEO to determine compliance with the requirement: and objectives of Attachment A and all other applicable laws and regulations. Page 15of19 Packet Pg. 1112 DocuSign Envelope ID: OFC91 OM AEBO-460E-BC2B-21 E441300142 D.30.b Agreement #: E2012 4. LIHWAP ASSURANCES Subrecipient hereby assures and certifies as a condition of receipt of LIHWAP funds, that it, and its subcontractors shall comply with the applicable requirements of Federal and State laws, rules, regulations, and guidelines. As part o. its acceptance and use of LIHWAP funds, Subrecipient assures and certifies that: A. Subrecipient possesses the legal authority to administer the program as approved by Subrecipient's governin€ body, including all assurances contained herein. B. Subrecipient possesses the sound controls and fund accounting procedures necessary to adequately safeguarc the assets of DEO, check the accuracy and reliability of accounting data, promote operating efficiency anc maintain compliance with prescribed management policies of DEO. C. Subrecipient will permit and cooperate with Federal and State investigations designed to evaluate compliance with the law. D. Subrecipient will give DEO, the Auditor General, or any authorized representatives, complete access to examine all records, books, papers or documents related to all program operations of the grant, including those of any sub. contractor. E. Subrecipient will comply with all of the provisions and practices outlined in DEO's most current LIHWAP Prograrr Monitoring Field Manual. F. Subrecipient will comply with non-discrimination provisions, in accordance with Florida Statutes; Section 677 o- P.L. 97-35; Titles VI and VII of the Civil Rights Act of 1964; and 45 C.F.R. Parts 84, 86, and 90. G. Subrecipient will comply with section 2609 of Public Law 97-35, as amended, which prohibits use of LIHWAP fund: for purchase or improvement of land, or the purchase, construction, or permanent improvement of any buildinE or other facility. H. This Agreement and all its attachments are true and correct. I. Subrecipient will prohibit any political activities in accordance with Section 678F(b) of42 USC 9918, as amended. J. Administration of this program has been approved by Subrecipient's governing body by official action, and the officer who signs it is duly authorized to sign this Agreement. K. Subrecipient shall comply with Title X, Part C of Public Law 103-227, Environmental Tobacco Smoke, also knowr as the Pro -Children Act of 1994 (Act). This Act requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federa programs either directly or through States or local governments. Federal programs include grants, cooperative agreements, loans or loan guarantees, and contracts. The law does not apply to children's services provided it private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used foi inpatient drug and alcohol treatment. Subrecipient shall include the above language in any subawards whicF contain provisions for children's services and that all subcontractors shall certify compliance accordingly. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $1,00C per day. Subrecipient certifies that it will or will continue to provide a drug -free workplace as set forth by the regulations implementing the Drug -Free Workplace Act of 1988: 45 C.F.R. part 76, subpart F, Sections 76.630(c; and (d)(2). Page 16of19 Packet Pg. 1113 DocuSign Envelope ID: OFC910A6-AEB0-4B0E-BC26-21E441300142 D.30.b Agreement #: E2012 EXHIBIT 1-A FUNDING SOURCES, FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: 1. Subrecipient shall use the LIHEAP funds to provide energy assistance benefits to eligible households with low income. These funds will be expended in accordance with applicable law and the terms of this Agreement, including, but not limited to attachments, applicable federal cost principles and regulations, and the most recently approved LIHEAP State Plan. 2. Subrecipient shall use the LIHWAP funds to provide water assistance benefits to eligible households with low income. These funds will be expended in accordance with applicable law and the terms of this Agreement, including, but not limited to attachments, applicable federal cost principles and regulations, and the most recently approved LIHWAP State Plan. 3. Subrecipient shall comply with all applicable U.S. Department of Health and Human Services laws, including, but not limited to, title 42 U.S.C. Chapter 106, and all applicable regulations as set forth in title 45 C.F.R. Part 75 and Part 96. 4. Subrecipient shall use the WAP funds to perform energy saving repairs and installation of energy saving measures on qualified single-family dwellings in accordance with all attachments to this Page 17of19 Packet Pg. 1114 DocuSign Envelope ID: OFC910A6-AEBO-4BOF-BC2B-21E441300142 D.30.b Agreement #: E2012 Agreement, applicable Uniform Guidance, WAP Procedures Manual, Field Guides, and the most recently approved WAP State Plan. Subrecipient shall comply with applicable Uniform Guidance, DEO's WAP requirements, and eligibility requirements as set forth in the U.S. Department of Energy regulations codified in Title 10 of the Code of Federal Regulations, Part 440 — Weatherization Assistance Program for Low - Income Persons. STATE RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: N/A MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program: N/A SUBJECT TO SECTION 215.97 FLORIDA STATUTES: State Project: N/A COMPLIANCE RE UIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A NOTE: Title 45 C.F.R. 75.352 and section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Subrecipient. The remainder of this page is intentionally left blank. Page 18of19 Packet Pg. 1115 DocuSign Envelope ID: OFC910A&AE130-413OF-BC213-21 E441300142 D.30.b Agreement #: E2012 1. 2. 3. 4. S. 6. 7. ATTACHMENT F TRANSPARENCY REQUIREMENTS The Subrecipient shall ensure that they comply with all the requirements outlined in federal law and applicable state policy. The Subrecipient shall comply with the requirements of 2 CFR 25 Universal Identifier and System for Awarc Management (SAM). The Subrecipient must have an active registration in SAM in accordance with 2 CFR Part 25 appendix A. The Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation and 2 CFR 170 Reporting Subaward anc Executive Compensation Information. In compliance with sections 39.201 and 415.1034, Florida Statutes, if the Subrecipient, its agents, employees o contractors, subcontractors or any other entity performing the services on behalf of the Subrecipient, knows or ha! reasonable cause to suspect that a child, aged person, or disabled adult is or has been abused, neglected, or exploited the Subrecipient agrees to immediately report such knowledge or suspicion to the Florida Abuse Hotline by calling 1 800- 96ABUSE, or via the web reporting option https:Hmyflfamilies.com/service-programs/abuse-hotline/report online.shtml or via fax at 1-800-914-0004. Consistent with 2 CFR 200.113 and 45 CFR 75.113, the Subrecipient must, within one business day of discovery, disclose any violation of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Additionally, the Subrecipient shall disclose any other on -going civil or criminal litigation, investigation arbitration, or administrative proceeding relating to any programs or projects for which Subrecipient receives fund! authorized by this agreement upon execution of this Agreement. �s For all funds provided by DEO, when issuing statements, press releases, requests for proposals, bid solicitations anc other documents describing projects or programs funded in whole or in part with federal money, the Subrecipient shall clearly state (i) the percentage of the total costs of the program or project which will be financed with federa money; (ii) the dollar amount of federal funds for the project or program; and (iii) the percentage and dollar amount of the total costs of the project or program that will be financed by non -governmental sources. Consolidated Appropriations Act of 2018, Pub. L. No. 115-141, 132 Stat 348, div. H, Title V, Sec. 505 (Mar. 23, 2018). o In compliance with section 286.25, Florida Statutes, the Subrecipient will ensure any nongovernmental organizatior which sponsors a program financed, in whole or in part, with funds provided under this Agreement will, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (entities name) and the State of Florida, Department of Economic Opportunity." If the sponsorship reference is in written form, the words "State of Florida, Department of Economic Opportunity" will appear in the same size letters or type as the name of the entity. The Subrecipient shall maintain a purchasing procedure. The Subreci Ient's purchasing procedure must at minimum p� p g p p� p g P _ A. Ensure that all purchasing decisions are conducted in a transparent manner; B. Foster competition to ensure that the Subrecipient receives the best value possible; C. Require approvals in accordance with the Subrecipient's guidelines, prior to entering into a contract that is exempt from a competitive process because the services or commodities are available only from a single source; and D. Require that the Subrecipient take advantage of state term contracts negotiated by the Florida Department o Management Services to the greatest extent possible. 8. The Subrecipient shall maintain an employee ethics code modeled after the provisions of Chapter 112, Florida Statutes, which addresses prohibitions on: the acceptance of gifts, self -dealing, unauthorized compensation, conflicting employment or contractual relationships, inappropriate disclosure and use of information, and nepotism. 9. All Subrecipient travel expenses for this Agreement must be in accordance with section 112.061, Florida Statutes. -End of Attachment F- Page19of19 Packet Pg. 1116 clowt QAJ Kevin Madvk, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: April 23, 2021 TO: Slreryl Graliain, Director Social Services ATTN: Lourdes Francis FROM: P.unela G. Hance 7.C. SUBJECT: April 21 ° B[ )CC Meeting Attaclied is arr electronic copy of the f0 lo%ving item: C21 Ratified Federally Funded Subgrant Umbrella Agreement No. E2012 between the State of Florida, Department of Economic f )pporl.unity, and Monroe County for the period of' October 1, 2020 to September 30, 2023. 'Phis agreement encompasses die pre-existing 1,ow Income I Ionic Flaiergy Assistance Program and Weatherization Assistance Progranr Agreements. Should you liave any questions please feel free to contact nre al (30.5) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon. Florida 33050 Plantation Key, Florida 33070 305-294-4641 305-289-6027 305-852-7145 50 High Point Road Plantation Key, Florida 33070 305-852-7145 DOCOSDgn P-11yelope 110: 820EPF27�-B4C,5-484(5-A5713-E08E�74r4l,39 DMS�grj 10' FEDERALLY FUNDED THE FLORI DA IDE PARTMENT OF ECONOMIC 0 PPORTU N I TY AND MONK COUNTY, FLORIDA :FDA,lixumberj5): 810,42,93,568, Agreement Number: E2.012 THIS SUBGRANT AWARD AGREEMENT ("Agreement"], is made and entered into by jnLd, between the State of Florida, Department of Ecoriornic Opportunity ("DEO,"), with headquarters in Tallahassee, Florida, and Monroe County �'Subreclpient"), Florida,. and may in,dividual1y be referred to hereirt, as 'Party' orcollectively as the "Parties"- I'HIS AGRCIEMIN4 IS ENTERED II TO BA CO ONTHE FOLLOWING REPRESLNJATIONS; & The U,S, Department of Health and. f1uman Services ("HHS,") administers the Community Services Block Grant ("CSBG") arid the LowAncome Home Energy Assistance Program ("LIHEAP") at the federal level arid distributes blocl< grant funds to the SWW�, and 8, DFO Is the CsBx., and w-H.-AP recipient. grantee, and pass -through entity for the State of Honda, designated by HHS to receive funds annually for program purposes zwd is authorized to distribute block grant funds to subrecipients so that subreciplerits rnay provide self-suffluency and home rnergy a s� i s ta ric e beet sits to e I i gi bi e ho u s (,.4)old s,,- sand C. The U.S. Department of Energy ("DOE") admimsters the WeatherizatiDn Assistance Program ("WAV") at fl'ie federal level and distributes grant funds to states; and DDE O is the WRAP recipient, grantee, and pass -through, entity for the State of floroda, des,Pgriated by DOE to receive funds annually for program purposes and is authoriud to distribute WAP funds from DOE, along with tlHEAP fun& from HHS to subrecipients to orovide energy offiCiency improveru,cnts to eligible households E. Subrucipient Is eligibliti to rcxx--ive 1.11HEAP arid, WAP grant funds inorder to provide the services identified herein THEREFORE, DE D and, Subr,ecipient agree to the foillowing. 1. PERIOD OF AGREE MMENT The Effective Date of this Agreement is October 1, 2020., This Agreement ends on September 30, 2023 (the., "Expirati,on Date"'), unless otherwise, terminated as set forth herein. This Agreement terminates, supersedes, arid replaces a ny prior agreement in ef lect bets en DE O and the Subrecipient regarding the subject matter set forth herein as of the, Effective Date. The period between the Effective Date and the Expiration Date or the terminatron date is the j'Agreemerit Perioclo. Page I of 59 DocuSign Envelope ID: 820EFF73-84C5-4846�A579=F--9(BEE74F4139 DocuSigui Erwelope 40. 820EFF73-84,Cfir-4,BQ1-A$79� 1OFE74F4.139 2. SCOPE OF WORK The Subredprent shall provide services in support of the LIHEAP and WAP Program in accordance with The applwable Attachment(s) included with This, Agreement, For each Prograrn award, a Notice of Fund Availlabili,ty ("NFA") s,hall be issued which, details the direct client services and other activities to be provided , The NFA may also include the follcrwing, Attachments (�NFA Attach menls-), A. Budget Limethinsand Surnirnary with County Allocatiorns B. Program Statutvs and Regulations C. Additional Reporting RcquireaU",nts 3. INCORPORATION OF LAWS, RULES, REGULATION'S AND POLICIES The Subrecipient and DFO shall be govei-ned by all applicable State and Federal laws, rulles and regulations including, but not l0flted to those identified in this Agreement and NTA 4. MODINCATION OF AMCMENT tither Party may request rnodilfication of the provisions of this,Agreem.ent, Modifications to this Agreement mustlie in writing, on DEO-approved forms, as applicable, and duly signed by tire Pasties FUNDING/CONSMERATION A, This Agreerri,ent is a, Cost Reirn,bursement Agreement, UEO will provide funds to the Subrecipi!ent by is,wing a NFA through DEO's financial management information system, Each NFA may include attacfirn(mrits that incorporate specific terms, conditions, assurances, restrictions, or other instructions 21PPIK-21ble to the funds pfc)Vided by the Nf`,A, The Skibrecipient s1ia,11 comply with all, terms contained within an NFA as, a condition precedent to the receipt of funds and as an ongoing condition to the Uw andl expenditure of the funds. Subreciplent may incur costs and submit for reirn4urwnrient only tip to the Total Funds Released dollar amount listed lo Subrecipient"s most recently DEO-issued NrA,, Each such NFA, and any attachments thereto, duly issued, to Subrecipient by DED, including, but not: firnited to its special terms, conditions, and Instructions, is incorporated into the Agreement by reference.. * By signing below the Su brecipient certifies that it is qualified and eligible to receive these grant, funds, in order to provide the services of the LIHEAP and WAP pros rams forwha:h the Subrecipient Precerves fttrrds from CEO: * Any advance payment under this Agreement is subject to section, 216.191(16), VS, The arnount Which rnay be, advanced mU'St he expended within the first three (3) months of the ter rn of this grew m ,n Ap ( . ,r t Any advance payment is also subjjef t to the Uonifor m Guidoncv. and, the Cosh Manjg,(;vrnent lImprovernent Act of 19,90 if in advance paymem is rectuested, the budget data on which the request is based, and a fustification, statement shall, be forwarded to, DEO using Attachment C, which will s,ppcify the irnount of advance payrnent needed and provide in explanation of the neces5i,ty for and proposed use of these, funds. D. Subrecipient shall expend an amount equal to or greater than the amount of the initial advance within the first, three months of the terni of this Agreement, if Subrecipient has not expended an amount at least equal to the initial advance by the end of the first three months of the term of this Agreement, SubreciIpient shall submit a written explanation w o, , not E. After any initial advance, payments will be made on a cost -reimbursement basis, F. DE O will provide funds In consideration for the Su brecipient's successful perforrriance, under this, Agreement, The State of Florida's and DEO's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of florida. DEO, shall have final authority as to both the availability of funds and That constitutes an 'annual approprIation' of funds. The lack of appropriation, or awailability- of funds shall not create DEO's defaultunder this Page 2 of 59 D=9n EfIV2,10pe 10: 820EFP73-(34C5-4946-�)79-EOBEE74F4$39 DocuSign Ear elope 11D 8tear rF73-84C5484,&-A579-l-,'DiBEE74F41:39 Agre eme nt, if there is a state or fed e f a I f u nd iing s ho rtf a 11, then the funding otherwise m ad e ava i 1 a b I e under this Agreement may be reftud', G. Subrecipient andits, contractors may only expend funding under this Agreernent for allowable costs resulting from obligations, incurred during the Agreenient period. To be eligible fo- r reirriburse nnent,costs must be in comp4ance with the laws, rules, and re gtjlation5 applicable to expenditures of State funds, including, but riot limited to, thin Reference Guide for State Expenditures which can be found at: 11. Su b r ec i pie n t shall refund to D EO .141Y f U, nd s o bligrated to Subrecipient,„ including, in u t not [in') ited to,, a Rly advance p aym e ri t s, a n d whi 0i remain n U n o bl iga t e d by Su b rec i pie n t a t the end of this Agree �ment, I, Subrecipi,ent, shall re fund to DE O I It funds paid ini excess of the amount to which Subrecipient or its contractors are enti I fled under the terms and conditions of this Agreement, J. Subrecipient shall (1) maintairi all funds provided under this Agreement in a sr.-pawate bank account or R2) Subreciplent's afcounfing, system shall have sufficient internal controls to separately track, the experiditure of all, funds from this Agfee,ment. There shall be, AO COPurningfing of funds provided under this Agreement, with any other funds, projettrs, or programs, "commingling" of funds is disfinguishabIe from "blending' of funds specifically allowed by law, K, IfSubrecip-entcom,ty4i�ig,�PsAgreementf�Linds,DEorna i 5 di5r; etion, terminate rminate this Ailreernent I y, n k Wle i, r , for cause and derriand ark inirri,ediate refund, either in whole or In part, of all funds provided, to Subrecipient under this Agr(miment, Subre,Upient,upon such written notification from DEO shall refund, and shall pay to DEO,. the, amount of nacirley demanded by DE O in accordince with section 20, Repayments, ofthis Agreement. L if DEO, in its Sole discretion, determines that Subrecipient has experided funds under this Agreement not in accordance with applicable federal or state law, regulations, or guidance, inckAding, but not limited to, disallowed costs, Subrecipient is Nible for and will repay all such funds to DFO%Such repayrnent shall be from funds other than those received under this Agreement or rather federal awards, subiwards, allotments, or funds (i-e- nron-federal funds) and in accordance with section 20, RepaVrrients, of this Agreernent- A, DE O will provide funds to the Subrecipient by issuing NFAs through DEO's financial management information system, Each NFA may include NFA Attachrnents that incorporate specific terms, conditions, assurances, rtntriGflorn, or other 6risiructions applicable to the funds provided by the NFA, By accepting funds made available through a NFA, the Subrecipient agree,& to rornply with all Terms, conditions, assuran,ces, reEtricluons, or other inStrutbunS incorporated or listed in the N FA. B. Ihie Subrecipient hereby certifies to DE O that written administrative procedures, processes, and fiscal controls are in place for the operation of LINEAR and WAP, or any other pro rare or project for whi(h the Subrecipient receives funds from DE The wmitten administrative procedures, processes, and' fiscal controls d(-scrjb(,M in this, paragraph must, at minimum, comply with applicable Mate and federal law, rules, regulations, guidance, and the terms of this Agreement. OF' O rriay provide periodic guidl,,J,nr�v, and technical assistance to the 5,uW(-cipient to ensure cornpliance with this section. C FEE O will clistnbute fiscal and administrative guidance to the Subrecipient, The Subrecipient will implement and comply with DEO ,guidance:., The Subrt?cipient is responsihle for undr,,r5tanding and i m pie menting the gu i dance postedd urn DE 0" s we bsite,-. www . florid.a.ljo b& o r D. The Subrecipient will comply with all polIcies, guidance, plans, or other sinnilar documents produced" approved, or disseminated by DEO, or any other entity whose funds are roade tivail'able, to the Subrecipient through DEO, Th@,5e docurn,ents, will be made available on DEO's website O-r distributed to the, Subrecipient through other merans. Page 3 of 59 DocuSign Envelbpe ID: 92])F-FF73-B4C5-4846-A$70-EQ8EE74P41n DocuSigrr Envelope 10. 820C,.FFII-5405-4046-A579-EOBEF-,74F4130 A. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO's subgrant agreements in excess of nominal value, if applicable, to expressly require Subredpient to: 11) Uti,hze are U.S. Department of Horneland Security's E-Verify system to verify the emp�loyment eligibility of ill new employees hired by Subrecipient during this Agreement ter r'n; and (2) include in all sub -contracts under this Agreement, the requirement that subcontractors performing Work or providing so rvires pur5riarit to this Agreerimmt utilize the E-Verify system to, verify the employment chigibilit-V of all new employees hired by the subcontractor during the term of the subcontract, B, FNerify is an [Internet-4-ased system that illows art empl�oyer, using information reported on an employee's Form 1-9, trnployment EfigibRity Venfication, to determine the eligibility of 114 new employees hired to work on the United States after the effective d, ite of the required Memoran,durn of Understanding (MOU), the responsibilities and elections of Federal contractors, however, may vary as st ated in Article ILD,Tc, of the PAW, There is no chafe to ernployers to u5e E-Verify. The Department of Homeland Security's E-Vvrily systuna can be found at, C. If Subrecipient does not have in, E-Verify MO U in effect, Subrecipie,rit shall vnrull in the (Nerify system prior to hiring ariy new ornploVee after the c4fective data of this Agreement, -7 .a* , as-nj M Subr(�cjpient sh;Al provide DED with all required reports as 510 'It IQ rth irRI this Agreement and by all. accompanying Attachments to this AEreemlent. X I f all re el u i r e d reports a n d copies aura riot se ri t to CIF , a r scat co rn plete d in a manner acceptable to 0 E0, DEO rrt�ry withhold further payr-nents until such reports are completed or EKED trmy take other action, including, but not hi-nited, to those described in, f)aragraph (131, Remedfes, Of this Agreement, 'A.ccvptabIc., to DEO," rneans thzo the', reports were comple-ted, in DEG's sole determination, in accordance with t he Attachments of t h i s, Agre e mint- 8, Su brecipient shall Provide additional program updates, reports, and information as requested by DEO, k SLibrecipient's per fornra rice under this Agreenitmt is subjec,1: to the applicable requiremerrts published in the "Uniform Administratjve Requirements, Cost Principles and Audit ReCluirernents for Federal Awards, 2 Code of Federal Regulations (C,F,R,l Part 200, hereinafter referred to as the "Uniform Guidance" and to 45 CFR 75.. If this Agreement is made, with a commercial (for -profit) organization or) a cost-rcirnburse.rnent basis, Subrecipient will be subject to the FederalAcquisition Regulations System particularly 48, C.F.R. § 312 & Subeecipient shall reto-in oli records pertaining to this, Agreement, regardless of the form of the record (e-g- paper, film, recording, electronic), in(luffing, but not limited to financial records, supporting docurnients, statistical records, and any other documents (hereinafter referred to as 'Records') for a period of five State fiscal y"xrS, after oIll reportiflE requirements arc, satisfied' and final paymients havc-,, been receivad. Subrecipient sfitall cooperate with DEO to facilitate the duplication and transfer of such Records upon request ofIMF 0. Thp five-year period may also be extended for the fol,[owing reasons: Page 4 of 515 DocuSign Envelope 10, B20EFF7�-84C5-4045-Xl-i79-EO6EE74F4139 Docust, ,go Eovelope 10 92,00", 1- 73,-B4C 5 4848A,67-9-GREE74FA 1 a9 (1) if an audit has been initiated and audit findings have not been remolved at the end of this five-year pertod, the hie cords n,,iust be retained untH resolution of the audit findiqs through fifigabon, or otherwise 2) if any litigation or shirr is started before the five-year period expire%. and extend's beyond the five- year period, the Records must he retained until all litigation and claims involving the Records have beerk, resolved, (3) Rs carts forthf.,, disposition of non -expendable personal property valued at five thousand dollars and zero cc nts (S5,000 00) or more at t he t 1 mo it is actl u i f �d m List be retained fear five years after final disposition, (4) Records relating to real property acquired must be retained for five years after the closing on the t rii ri sf t", r of title. (5) Any additional Federal requirements, p-articularly those identified in the accompany[rig Attachnients to this Agreement. C Subrecipient shall inaintain all recorcN for all subcontractors to be paid from funds provided undc,r this; Agreement, including docuarentation of all program ixMs, in a form sufficient to determulti, compliance with the requirernents and olzifectives included in the NFA to this Agreement as well as ill other applicable laws and rtgulations. D. Subrecipient shall give access to any of Subredpients records to representatives of DEO, the Chief Financial Offiter of the State of Florida, Viv Auditor General of the State of Florida, the Florida Office of Program Policy Analysis antd Government Acc:ouritabikty or repre,,;,,ent.aflvc% of the tedera I government and their duly authorized representatives for the purposes of condructing audits, examination, iovestigations, or making, excerpts or transcriptions, E, Subreclipient may, per Rule I.B-24 003(9)(a),, Florida Administrotiv(,,a Code, allow its, public records to be stored! through electronic recofdkeeping sy!Aewhs is substitutes for the original or paper COPY. F. Subrecipient shall maintain books, records, and documents in accordance with generally accepted acri;ourjtj�ng principles and practices which sufficiently and properly reflect all expenditures of funds provided by DEC) under this Agreprrrerht- GRecords pertaining to this Agreernf,,-nii must be avaitable at reasonable fli-fles for inspec-floo, review, or audit by State personnel and other persons authorized by DEQ. "'Reasonable" rneans norrrufl business hours of 8,.00 a.m. to 5:00 p.rn-, local tine, Monday throtigh Fridly, H, If 5;ubtecipierNt'sexp,enditu,res of State financial assistance and Federal, avva rds during its applicable fiscal year(s) require it to dconduct a single audit in accordance with 5(,,rcfion 215.9 7, F,S, or 2 CFR 200501 and the threshold amount identified therein, such audit will comply with all applicable requirements of WubFt 1 to this Agreement, section 215,97, F,S,, and the Uniforn-t Guidance as appl'icable, zinc! Subrecipilent shill en sure that all related party transactions are disclosed to the auditor, 1® SUbrecipient shall include the aforvi-nentioned audit and record -keeping r"virements in all subcontracts and assigornents, J. Subre-ci,pient shall have each required audit completed by, ail independe nt. certific!,d public accountant (IPA)o either a certified public accountant or a public accountant licensed under chapter 473, F,&, and e nsu re that all related party tra n sact icins are di-sc losre d to the auditor. Fear the IPA's audit to be sufficient, it most state that the 5cibrecipierit complied with the applicable f..),rovisions noted m Exhibit I ta., this Agreement. KThe reporting packages for required audits mu -St be timely submitted in accordance with, the requirements, of Exhibit-1, Audit Requirements, of this Agreement. and the applicable laws, rules and, regulations referenced therein. The requirements of 2 E.F.R. § 200.512, Report Subaussio-n,, are applicable to, audits of Federal awards conducted lin accordance with SubparagrapK (9)(H) a bove. L. If an audit, monitoring visit, or other documentation or verl4able information shows that all or any portion of the fund's disbursed were not spent in accordance with the ccinditions of this Agreerrrent or applicable regulations, Subrecipient shall be helld liable for reombursernent to DEO, Such, reimbursement DocuSign Envelope ID, 820EFF73-A4C64P4,5-M70-P-OaC�74F413,9 UJOCUSigh Eftelopd 10. 820�FF7-84C54B4,a9A5,79-FOBF:E74F4%3r) shall be sent to DEO, by Subrecipient, within thirty calendar days after FEE O has notified Subrecipileilt of such no n -com Fil 1 a rice, fait. Wit h In sixty cale nda r days of the close of Su brec i pWnt's fi scat yea r, on an an nu a I basis, Su b recip ient sh a II electronically submit a completed Audit Compliance Certification fa, version of this certification is attached hereto as Exhibit 2, Audit Compliance Certification, of this Agumment) to audit4deo.my,florida-com, Subreciplent's timely submittal of one completed Audit Compliance Certification for each applicable fiscal, year will fulfill this requirement Mriin all agreements (e.g., contracts, grants, rnemoragidurns, of Understanding, rilerricirandurris of agreerrient, oconornic incentive award agreements, etc.) between M0 and Subrecipient, N, 5ubrecilplent shall (1) maintairl all funds provided under this Agreement in a separate bank Account; or (2 j Subreciplent's, accounting system shall have sufficient internal, control' to separately track the expenditure of all: funds from, this Agreerrhent- There shall be no commingling of funds provided LITi,der this Agreement, with any other funds, projects, or prograrns, 'commingling" of funds is disti ngu ishable from "blendi ng" of fu nd s specif ica I I y a Flowed by law- DE O may, in its sole d I screflio n, d isa I low casts oracle with com rni rrgled funds. grad I eclu ir e r ei rn bu r sR rn ell t fear such casts as described herein above, in subparagraph (5)�L)- R1197MOMENTIT ML, A, Subrecipient is responsible for and shall monitor its performance under this Agreement, Subrvopherrt shall monitor the performance of, Its contractors., consultants, agents, subcontractors and the like, Who are paid11 fronl funds provided underm this Agreement or acting in furtherance of this Am greeent- 8, In addition to reviews ofaudits conducted in accordance with Parar graph 10, of this vgro( moruto6nv procedures may indulde, but are not limited to, onRe visits by DE O staff, lim.fted scope, a udi t% a n d other p roced u no 5, C , Subrecipient and its contractors shall comply vvith the most recent prograin specific moratori,ng protocols or field manuals, pfovided to Subrecipient and' available upon request from DEO, and coorivraw. with any monitoring procedures/processes, deerned appropriate by DE10., In the event that DUD determines that a limited scope review Of SUbrecipient is apptopriate, Subreripient shall c0,,r-npiy, with all additional' instructions provided by DEta regrarding such review, D, Subrecipir,,rilt, shall comply and cooperate with any inspections, reviews, lAnvestigations, audits, Or= hearings deern ed necessary by OLD, the, State of Florida Chief Financial Officer, the Wire of Florida Auditor Gerivral, In accordance %vith section 20.05,5(.5), F-S., any autborized' representative of the awarding Federal agencies, the U-S- Department of Energy and the U, 5,- Departrnent of Health and Human Service s, they U,S, Gove r n im e nt Ac co u n ta bi,h ty Office, car parry am I horimd Feprewmative of those Federal agencies' respective Federal Officers of the Inspector General 117Subr(,,Opient s=hall couperate with DE and the Federal awardmg agencies to assist facilitating Any monitoring visits conducted by DEO or the Federal a%varding agencies, DIE 0 m,ay conduct monitoring visits at its deterrinination and in its scale discretion or as required by the Federal Fundgrig Agency. & Unless Subrecipient is i state agency or subdivision, as defined in section, 769.28(2], F.S,, Subrecipiient is fully liable for the actions of Its agents, employees, partners, or subcontractors and shall fully [ndemnify, defend, and hold harmless the State and IO, and, their officers, agents, and employees, from suits,, actions, damages, and costs of every name and description,, including attorneys' fees, arising frown or relafing to personal injury and damage to real car personal tang[',ble, property alleged to be caused in, whole or in part by Subrecipient, its agents, employees, partners, or subcontractors, provided, however, page 6 Of 59 DowSign, Errvelope ED, 820EFF73-B,4C5.4846-A57g-EOBEE14F413� DocuSign Enwefte 10: 82faLIFF ?3-04,C;54 B46-Ab MORE F 74F'413-9 that Subrecipient has no affirmative duty to indernnify for that portion of any Joss or clairuag(n, proximately caused by the negligent act ar ornissron of th(., state or DEO, Any Subreciplent wfirch is a State agency, or subdivision, as defined in section 76,918(2), F.$,, shaR be fully responsible for its nee glip entortorticLu5 acts oromissions which result in dwirris or suits a'aisr, st DEC and shall be liable for a ny darria,ges proximately caused by A% acts or omisOons to the extent set forth in section 68.28, f.S. Nothing herein is intended to, serve as, a waiver of sovereign inrimunity by any Subrecipient to which sovereign immunity applies, Nothing Vrerein inay be ronstrued as consent by a State agency or subdivision of the State of Florida to be sued by third parties inn any matter arising out Of any contract. 0. for purposes of this Agreement, Subrecipient, is an independent contractor and is, not an employee or agent, cif DEO, DEO shall neither havL, not exurtise any control or direction over the methods by which Subrecipienk shall perform its work and functions other than is provided herein, Nothing in this Agreement is intended to or may be decined to constitute a partnership oir Jorrit venture between the Parties, Subrecipient shall nor represent to others Ifiat, as Subrocipient, it has the authority to bind DEC WrAeSS sPQ6fjCAy authorized to do sw, Subrucipient shall act as necessary to ensure that each wbcantractar is deenied to, be an independent contractor ands will not be considererf or perruitted to be an agent, servant, j o i ot ve nt Ljjre, or part nor of DF 0 or t be Stab; of Floods, GCE O s ha 11 not be re5 pon s[ble for withholding, taxes wJith respect to Subrecippient's compensation I hereunder, Subrel:ipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits,, social security, workers! comp,onsation, health or disability benefits, reomployniont assisti-,ul,;u benef'its, or employee benefits of any kind, Subreciplent sholl (,,!n4vrc that its employees, subcontractors, and other agents, receive benefits and, necessary insurance ¢health, workers' compensation, reemployment assistance benefits) from an employer other than the State of Florida. SUbrecipient, it all firnos during the Agreement, must carriply with, the reporting and ree.mployrnent assistance contribution payriwnt requiren'lents of chapter 443, F.S. ,12. DEFAMT if any of the following evem4% occur ("Events of Default"), DEO shall have the, right to terminate f I urther payment of farads Linder this Agreement, arid DEO tray oxerrise any M its rorriedires 5eA forth in Raragraph, 13 of this Agreenient. However, DEO may ruake payrTtents or partial payruents after any Events of Default witi-tout waiving the right to exercise such rerucOies arid without becon,flrtg liable to make any further payrnchnu. A, [if any warranty or representation fflaoe by Subreciplent ill tivs Agreernent, or any previous agreennerit with DEC is I , or bewares,, false of rnisleading in any respect, or if Subrecipient fails, to keep or perform any of the obligations, teritis or covenants i ri this Agreement or any previous agreeruent wilh DEO and ha{i not cured therm in urnely fashion, or is unable or unwilling to rueet its obligations under this Agrerement;', BIf rn ate r i a I adverse changes occur i n t 11 e fi ri a 1-16 a I co 1-1 dit ion of S A rec i pie nt a t a ny tin ,w d uring The, t (, r m of this Agreemenit, and Subirecipient fails, to cure this adverse tharrge within thirty (30) calendar days frorrL the date written notice, is sent by DEO, C Hany reports requiTed by this Agreefrient have nit been sArbrnitted to DFOor have hire submitted with incorrect, incoarplete, or, insufficient inforrination, or D., If Subrecipient has, failed to ptrforrn and complete in timely fashion any of its obligations Linder this Agreement- 13. REMEOIES If an Event of Default occurs and IDEO prowdes written notice to Subrecipient, DFO rnay exercise any one, or "i-ore of the following remedies, either concu(renfly or c onsecut! Page 7 of 59 DocuSign Envelope ID: 820,EFF7-84C5,-4f346-A57O-EOBEE74,F413R LiocuSign, Eftwolope 1,0. 020Lr'F'73=B4C 54046-A,57134ABE E741-41 30 A. Terminate this Agreement, it Subrecipient has not cured the default Within thirty (30) calendar days of receipt of written no ice of antvent of Default; B. Begin an appropriate legal or equitable action to enforce performance of this Afire ernenit; C Withhold or suspend payment of all, or any part -of, a request for pilyrrrerrtl D. Exe r c I se any corrective or remedial act I o ri %, is I n c I ud e but not be I I m I t ed to: 1), Request add it I ona I i n f o rm at lo n, fro ro So br eci p I a nt to de t e r rn ine t h e reasons for or the v xte nt of: n o ri - compliance or lack of performance, 12) issue a written warning to advise that more serious measures may be taper) If the sit nation is not corrected, J3) Advise Subrecipient to suspend, discontinue, or refrain frorn incurring costs for any oc:tjvitk�s in qui-_�stiori, or $4) Require Subrecipient to reimburse DIED, for the arnount. of costs Incurred for any iterns deterrvin'led to be Ineligible,- and E Exercise any other rights or remedies, which may be otherwise available under law. Pur'su, Ing any of the above remedies will not limit any of DEO's other remedies, eit1rier in this Agreement, or provided at law or in equity. if DEO waives any right or remedy in this Agreement, or 1`0 I'S to Insist on strict performance by Subrecipient, it will not affect, extend or wa M2 any other right or remedy of DEO or affect. the later exurcisic of the same right or rernedy by DE D for any other default by Subrecipient. & DEO may terminate this Agreement for cause with three (3), calendar days written no6ce. (,-.cruse Includes, but is not limited to: an Event of Default cis set forth in Paragraph (12) of this Agreement, misuse of funds, fraud„ lack of compliance with applicable rules, laws and regulations, failure to perforfri in a timely manner, failure to cure an Event of Default within thirty (30) calendar days from recOpt of the notice, or refusal by Subrecipwrit to permit public accvrss to any lJocurnent, paper, letter, or other material subject to disclosure under chapter 119, fS, as amended, The rights and remedies of:DEO in this clausv- are in addition to any other rights and ren-ted'ies provided by law or under this Agreernent, Subrecipient shall not beerititied to recover any cancellation charges, 6, DEO may terminate this Agreement for convenience or when it determines, iri its sole di. creticin, that continuing this Agreement would riot produce beneficial results in, line with the further expenditure of funds, by providing 5ubrecJpk,,,,nt with thirty (30) calendar days written notice.. Subrecrpient shall not furnish any product after it receives the notice of termination, except as neces:�iafy to complete the continued portion of this Agreement, if authorized in writing, Subrecipient shall not be, entitled to recover any oncodlation charp C., The Parties may terminate this Agreement for their mutual convenience through a written amendment, The amendment shall state the ef foctivc, da I tn of the termination and the procedures for proper closeout of t h is Agree m P n t. 0. if UEO issues a notice of Event of Defauft, Subrecipient shall stop incurring new obligations upon receipt of the notice. If DEO determines that Subrecipient has cured the Event of Default within the thirty -day cure period, DFO wOl provide notice to Subrecipient that it may re5uiine incurring new obligations, Costs incurred for new obfigations after receipt of a notice of Event of Default and untli receipt of notice that it may resume incurrin8 nvw oblitgations will be disallowed, lif this Agreement is terniinated by DEO, because of Subreicipi,ent's breach, such termination shall not reheve Subrecipiem of liability under th[s AEreement, DEO may, to the extent authorized by law, withhold payments to Subrecipient for the purpose of set-off until the vxO amount of damages due DEO from Subrecipient is detetrnined- Page 8 of 59 D,ocuSign Enwelope R 82O�EFF73,B4G5-4B46.A579-EOBEE74F413-9 DocuSign Envelope. I& 82,DC-FF73-B4C5.=4846aA5ug-Et,BEL774F413,9 A. All notices provided by Subreciplent under or pursuant to this Agreement shall be in writing, to DEO's Contract manager as designated by DEO and clehvered by standard mail or dec,tronic mall Using the contact, information provided below- B. The ramie and address of DEO's Contract Manager for this Agreenrent is: Heather McCallister,Contract Manager Department of Econ,cimic Opportunity Divisian of Community Dew..flopment Bureau of Economic Self Sufficiency 107 East Madison Street, MSC 400 T'allahaswe, Florida 3239941,20 Email, 11121.,,,.,rllhl� r Jo Phone: 850-921-8,289 C. The narne and address of Subrecipient's, Representative responsible for the administration of this Agreem,ent is stated 111) Attachnitmt E, Subrecipient MforfrPallon, of this Agreern-rmt. 11 if a d'If forent ropf esentative or address is designated by either Party after execution of Oii,s Agreement, notice of the name, title and address of the nevo repre,!,sentative wil[ be provided as slated in Subparagraph i15)(A), above. 16, SUBCONTRACTS A- SUhrecipient, shall not subcontract in furtherance of this Agreement prior to receiving DEO's written confirmation that the proposed: contract h1cludes the following i equjreivierit%: D) Subcontractor is hound by the terms of this Agreement., and each coritract and subcontract shall specifically include the requiren'tents set farth in Paragraph (9), Avdkr and Records, and Paragraph (19), Inforymniori, Rvieuse ond Pubfic Records RequirerrPern.5, of this Agreernent. (2) Subcontractor i's bound by all applicable State. and Federate laws and relgWzitions; (3) Subcontractor shall indernnify arId hold DEO and Subiecipient harmless against atl claims of whatever nature arising out of or related to the contractor's performance of work under this Agree,ment, to the extent allowed by law; and (4) Subcontractor shall disclose to Subrecipient and DEO if it, is on the Convicted Vendor List identified in, section 28,7.133(2),, or the Di5criminatory Vendor List identified, in section 287.1,34(2), VS- B. For each contract, Subrecipient shall provide a written statement to DEO as to whether that contractor is a certified minority business, as defined in, section 287.094 3, F-S., C. Prior to entering into a contract with any contraoor to, be paid from funds, from this Agreerrrent,. Subrecipient shall submit to DfO a completed Certification Regarding DeWrrnent, Suspension, Ineligibility and Voluntary Exclusion, Attachment B to this Agreement. 17. BUSINESS WVTH PUBUC ENTITIES Subrecipient is aware, of and understands the provisions of s. 287-133(2)(a), F,S,, and $- 287,134(2)(a), F'S, As required by s., 28,7135(5), F.S., Subrecipient certifies the following,: (11 it: is not: listed on the Scrutinized Companies that Boycott 11srael List, created pursuant to s, 215-4725, F.S:O- Page 9 of 59 DocuSigri Envelope ED: 820EFF'73-84C6-4,B4,fl-A579-�T�-OiBFF-74F411D DocuSigrt Enveilape IID: 820EF F73-B4C6-484&A5-/9- LOBEE741,4113il (2) it Is riot engaged in a boycott of Israel; (3) It its not Listed on the Scrutinized Companies wrth Activities in Sudan List or the Scrutinized CornpanieswithActivities in thic Iran Petroleum Eno(FRySedorbst, created pursuant to S, 215.473, F,S.; and (4) It is not engaged in, business operations in Cuba or Syria. DEO may 11n7mediately terminate this Agreernent if Subrecipient submits a false certification as to the above, or if Subrecipient is placed on the Scrutinized Companies that Boycott Israel List, engages In a boycott of tsrael, is placed on the ScrutinIzed Comparkies with Activities in Sudan List or the Scrutinized COMparlies With Activities In the Iran Peti-oleurn Energy Sector List, or has engaged in bu,,Jnes-s operations in Cuba or Syria, 18. ENTIRETY AND INTEGRATION This Atreernent, the NFMs), and any Attachments or Exhibits attached therr4o Constitutethe complete and exclusive statement of conditions, of the Agreewtent and supersedes and, replaces, any and all prior negotiations, understandings, and agreements, whether oral or written, between the Parties, with, resipect thereto, Except as express[provided in this Agreement, no, Term, condition, Usage of trade, course of de, zal i ng sir pe r for m a n ce, unde rstand i ng o f ap I ,reement purporting to rnodity, vary, txplaln or suppl,ement they provisions of this Agreement shall be effective or binding up o,n the Parties unless aigreed to ter writing, X In addition to Subrecipient's responsibil4ty to directly respond to each request it receives for records marfe or received by Su recipient in conjunction with this Agreerrient and to provide titie applicable public records in response to such request, Subrecipient 0call notify OFF of the receipt and content of such request by senrfinf�., an e-mail to, PfiRc,,qtjpst@dleo,myflorida,con) within one (1) business day from receipt of such request, BSubrecipient shall keep and maintain public records required by (HO to perforni Sulbreciplent's responsibilives hereundw. Subirccipient shall, upon request from DEO's custerdian of public records, provide DFO with a copy of the requested records of allow the records to be inspected or copied with,101 a reasona4le time at a cost that does riot exceed thin cost provided by chapter 119, F25 , or as oth6,,bfwnse I::Provicled by law. Stibrecipivrit shall allow public access to all documents, Papers, letters or other materials mideor received by SUbrecrpient in conjunction with this Agreenient, unless, the records are exenfiptfrom section, 24�a) of Article I of the Stakes Constitution and section, 119,07(11,, F=S. For records, made or received by Subrecipient in conjunction with this Agreement, Subrecipient ;hall respond to requests to inspect or copy ;such records m accordance with chapter 119, F,S- For A such requests for records that are publ'ic records, as, public rocords aro defined in section 119,0110 F.S., Subrec.ioierit shal'i be re5po n s I ILI] e fear p r ovid 1 ng such p A I ic records per the cost structure provided h n c h a, pt e r 11. 9, f , 5., a n d, in accordance with all other requirements of chapter 119, KS., of as, otherwise provided by liavj. C This Agreement may be terminated by DE O for refusal by Subrecipfent to complly with Florida's public re,ccirds paws or to allow public access to any public record made at received by Subrecipient 'Fri t onj u riction with t h i s Ag reement , D. if, for purposes of this Agreement, Subrecipivirit is a "contractor' as defined in section 119,0701(1)(a), F-S. ("S,ub(tecipi,ent,contractor), Subrecipient-contractor, shall transfer to, DEO, at no cost to DEO, all public records Upon completion incIuding termination, of this Agreement, or keep and rnairitain, public records required by DFO to perform, the service, if Subrecipient-contractor transfers all public records. - to the public agenry upon completion of the contract, the contractor shall destroy any duplicate public records ihat are exempt or confidential and exempt from public records disclosure requirements. 14 Subrecipierit-rontractor keeps and maintains public records upon compfetion of the contract, the Subrecipient-tointractor shaIl meet alill applicable requ,[rennents for retaining public records, All records Page 10 of 59 DGOUSign Envelope 10. 82DEFF7a-FAC54B46-A579�EOBE E74F4139 DocuSign Envelope IQ820FFF73-W54,B46-Afy79-EOBEE74F4139 stored elertronically must be proviidEA to DEO„ upon request from DEO's custodian of public records, in a fo(nnat that is cernpal ible with the information technology systems of DEO. F, If DEO does not possess a record requested through a public records request, DEO shall notify Subre6pient-contractor of the request as soon as practicable, afid'Subre,tipient-contractor mk,,ist provide the records to DEO or allow the records to be inspected or copied w4hin a reasonable time, If Subrecipient-contractor does not comply with DEO's request for records, DEO shall enforce th,12, provisions set forth in this Agreement, A. Subrecipient-contractor who fails to provide public ruccri-d5 to DEO within a reasonable tri'nv niay be subject to penalties under section 119. 10, F's. F. Subrecipient shall notify DEO verbally.witWn 24 chronoliogical hours and, in writing withiri 72 chronological hours if any data in Subrecipient's pamessi,on related to this Agreement is subpotmaed or, improperly used, copied, or rearoved (except In the, ordinary course of buOriess) by anyone except an authorr4od mcirtsurit-ativp of DEO. Subrecipicnt shall cooperate with DEO, in taking alll steps as, DEO devr% advisable, to prevent misuse, regain possession, or otherwise protect the State's rights and the data subject's privacy, G. Subrecipient acknowledges that DEO is subject to the provisions of rhapter 119, F.S-, relating to pUbIlIC records and that reports, invoices, and other docurnents Subredpient submits to DEO under this, Agreenneni cons,thute public records, und'eir Florida Statutes. 'Subrecipient shaH cooperate with DF0 regarding DEO's efforts to comply with the requirements of chapter 119" F.S. H. If Subrecipient submits records, to DEO that are confidential and e xernipt from public disclosure is trade s0crOV, or propriewiry confidemial business information, such records should be, identified as such by Subrecipient prior to submittal to DED. Failure to identify the legal basis for each exemption frorn then requirements, of chapter 119, F,5., prior to, submittal of the record to OW serves as Subreciplent's, waiver of a clairri of exemption, Subrecipient shall ensure that public records that are exempt or confidential and exempt from pliblic records discliosiore requirements are riot dis,closed except as authorized by law for the duration of the Agreernent ter wi arid following completion of the Agreejvient if Subrecipient does not transfer the records to DE 10 upon completion, including termination,, of the Agreement. t. IF SLID RECIPIENT -CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via e-mail at P,RRequt@deo.myflrid a,,ccat , or by maill at Department of Economic Opportunity, Public Records, Coordinator, 107 East Madison Street, Caldwell Building-, Tallahassee, Florida 32399-4128. 1 To the e-Kiont allowable by law,, Subrecopient shall be fully liable for the actions of its agents, ernployees, partners, subrecipiients, contractors, and subcontractors and shall fully indemnify, deferid, and hold harrrik,-,-.s the State and DFO, and their officcr-, agents, and ernployces, from suits,,, actions, damages, and costs, of every name and descrIption, incluffing attorneys' fees, arising from or relating to public nac o rd: requests or public re cord I aw vilolatio n (s), al le 9 ed to be co w5e di ri W h 0 h0 or in part t by 5 u b rvc i p i ent, it$ agents, employees, partners, 5ubrecipiem:5, contractors, or subcontractors, provided, however, that Subrecipient does not indemnify for that portion, of any costs or, clarnages proximately caused by, the negfigent act or oniission of the State or MO.. DEO, in its sole discretion, has the right, but the not obligation, to enforce this indemnification provil-lon. K. DIF0 does not endorse any Subrecipient, Corrrinnoday, or service, No public disclosure or news relfaa.,,im pertaining to this Agruornent shall be made without the prior written approval of DIE0. Subrecipient is prohibited from, using Agreement information, or I)ED custorners in sales brochures or other promotions, including press releases, runless prior written approval is obtained from MO.' p1ge 11 of 59 DocuSign Envelope ID: 920,EFF73- 84C548415-A57�-VOOM74 F41 ag ObtuS ign UjivelQpo 10, MUM, E1405-413A,3-AVD-EME E14F4139 MKJAMMUO A. All refunds or repayrn unts to bemade to DEO under this Agreement are to be rriade payable to the order of 'Departrti,ent of Economic Opportunity" and mailled'Barr -citly to DEO at the following address-,, Depar-0-nent of Econornic Opportunity Division of Community Development Bureau of Cortir'nunity Assista rice 107 East Madison Street, M5-C 400 Tall'ahassee, Florida 32399-4120 in ac,cordance with section 215,34J2), F.S., if a check, or other draft, [s returned to DIED for collecficin_ Subreciplent shall pay to DEO a service fee of fifteenclollars and zero cents, �15,001 or f ive�, percent (5%) of the face amount of the returned check or draft, whictrever ifi greater. 8. If Subrecipienrit's reran compliance with any provision of this Agreemem results in additional' cost or monetary loss to DEO or the State of Florida, DEO rnay recoup that cost or loss from morties owed to SLAbrecilpient under this Agreement, or any other Agreement betweenubrecipient and any State entity, In the event that djsfovery of this cost or loss ari,ses when no monies are available under this Agreernent or any other Agreement between Slibrecipient. arid any State tinully, Subrecipient will repay such cost or loss in ftj,!!l to DEO within thi rty (30) days of the dale of notice of the amount owed, a rale w DFO agrees, F,n writing, to, an alternative tirnefrarne, 21. WARRANPES AND REPRESENTATIONS Sub recipientwarrants that its fin.ancia I manna Ccinent systurn sihii Il provide, the, lo I lowing,. �1) Accurate, cur -rent, L and complete disdosure of the financial feS[JftsL of this project or progragn, m,2 ) Records that identify the source and use of funds for all activities, These records shall contairn infon'riatiori ljortaining to grant awards, authorizations, obligations, urn -obligated balances, assets, outlays, incorne, and interest, (3) Fffec6ve control over andaccountahility for, 0 funds, property, and other assets. Slibrecipient shall safeguard a[[ assets and (,,risure that they are used solely for authorized purposes. (41, Corriparison of expenditures with budget anicrunts for each Request for Payment, Whenever appropriate, financial information shall be related to performanceand unit cost data. (5) Written procedures for determining, whether costs are allowed and reasonable underthe provisions of 2 C-F.R. part 200, as adopted and amende,d by DOE at 2 UR part 910, and 45 CFR 75, (6) Cost, accounting records that are, suppaorted by backup documentartion. Su brer; i p ic n t w a r ra nts. t h e f o,Ir lowi ng -. (1) All per cure aten t trans, act, i uns slika I I be done in i rna n,ne r to p r ovid u op e n a Pi (1 fret" com pet i t i on, 12) Sobreciplent shall be alert to confli,cts of interest as 'well as noncompetitive practices arnong contractors that may restrict or or otherwise restrain trade, In order to ensure excellent contractor Perforniar-rce, and elinninate unfair competitive advantage, contractors that develop or draft specifications, requirementh, staternents of work, invitations for bids, and/or requests for proposals shall be excluded from cornpeting, for such procurements- ZMERM DmuSign Envelape ID: 820,EFF73-B4C5-4B46-A579f ,FOa,EE74F413g 06,CuSigri, Errwalupe 10, 02MF F 73-64C5A84G-Arj7R-EfO8E,E ?4l, 41,3qo (3� Awards -shall be, made to the bidder, or offeror, whose bid, or offer, is rL-sporisive to the solicitation and, is most advantageous, to SUbreciplent, considering the price, quality, and other factors. (4) Solicitations shall cleafly set forth all requirerrient5 that the bidder, or offeror must fulf ill, in order for t I i v bid or offer, to be evaki Me d by Sul arec i p i ent, Any and a II bids or o ff e rs, in ay be reject ed when it is in Smbrecl pierjt,Ls , interest to do so_ Subrecipient warrants the following: (1) Subrecipient shall maintain writton standards of conduct governing the performance of its employees engaged in t h e award a n,d administration of co ntr 1 ct 5, (2) Nrr employe , officer, or agent shall participate In the s0ection, awird, or administration of a contract supported by pubtrc grant funds if a rea[ or apparent conflict: of interest would be involved. Such a conflict would orrse when the employee, officer, or agent, any mernber of his or her her partner, or an orgarnzationwhich (triplvirg or is about to employ any of the Parties indicated, has as financial (if other interest, inthe firm selected, for an award, (3) The of firers, emilinloypes, and agents of Subrecipient shall neither solicit nor accept gratuities, favors, or ariylhing (if monetary value f roni contractors, of parties to cantracts, �4) I he standards of conduct shall provide for disciplinary actions to be, applied for violations of the standards by officers, employees, or agents of Subrecipient. Subrecipient warrants that all coritractors or employees hired, by Subreopment shall have all currant licenses and perrmts Frequifed for all the particular work for wh4ch they are hired by SubrecJpient, A, The validity of this Agreement is sublect to the truth and accuracy of a, 11 the information, representatrions, and materials submitted, or provided, by Subrocipi,ent in this Agrecn,ient, in any [Allrrr submission or response to a DEO rejuesi, or in any srjbrTrJqsJon or rLesporrse to fulfil'] the requirements of this Agremrnei* All said information, representations, and: materials are inciurporated by reference, The inaccuracy of the submissions or any material, changes may, at the option of DEO, and within thirty calendar clays written noticia to Subrecipient, cause Ote terrnination of this Agreerecant and the release of DEU frorn all its crIal4gations under this Agreement. B. This Agreement is executed, and entered into in the State of 1:111oxoda., and shall be construed, performed, and enforced in alt respects in accordance with the laws, rules, and regul3tions 0 the State of Florida, Ezich Party shall perform its ob4gations herein in accordance, with the terms and conditions of this Agreement. Without limiting the provisio,ro of Paragraph (12), Default, the exclusive venue of any legal or equitable attiori that, arises out of or relates to this Agreernent shall be the appropriate State court in Leon County, Florida„ in any such action, the Parties waive any right to jury trial, C. A ny power of a pprov a I or d i s a op r ova I g ranted to DE 0 under t h e terms of this Agroe mient sha I 1 survive the term of this Agreernerm, DThis Agreement may be execute of in any n u rn ber of co u ri t erpa rt s each of w i I ch sha I I be an 0 r ig i n a I and all., of which, shall constitute but one and the sarne instrumoit E. Subrecipient shall comply with the Americans With Disabilities Act (public Law 1,011-336, 42 US,C 12101, et seqj, and the Florida Civil Rights and Fair Housing Acts �sectjcrm 760.011 — 760-37, F.S.), which prohibit disair!'flnition by public and private entities on thre basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunicatioms, Page 13 of 59, DiicuSign Envel"ape LD:. 820EFF73,-B4C6-4846--�A57'�EOBEF-�74F4139 0ocuSigol Envelmpe 10, 820EFF73-k34C5484�0-A,579-FOBF�741--4t3,9 V ThQ State of Florida's pe�rforrrrance and obligation to pay under this Agreement iis contingent upon an annual appropriation by the Legislature and is subject to any niodificatporr in accordance with chapter 216 F'S,I or the Florida Constitution, G. All bills for fev-; or other cord pLrls-atiorr for servi(,(ys or expenses shall be subrnitted in detail sufficient for a 1,)WpOr pre-audilt mid post-Oudit thereof. H. Any bills, for travel expenses shallbe submitted Ni accordance with section 112.061, F-5. 1. lf'Subrcxipivnt is allowed to temporarily invest any advances of funds under this Agri any inturest intonrie over $500,shMI be retufne-d to DEO,,js required by 2 CM 200,305(b)(9,)� J, Su brecipient is s,ubfect to Florida's, Gove rn ment in the Su n sh ine Law (sect !on 286D11, F.S.) in i t h re s p ect to the meetings of Subrecilpient's governing board to discuss, receive recommendations, of take action required Pursuant to thus Agreement, or the meetings of, any 50cornmittee niaking Precomrnenclations to the governing board re8 aFdirig matters pursuant to this Agreemenrt, All of these meetings shall be publicly noticed, open to the public, and the minutes of all the rneetings shall be public records, avaflable to, the public in accordance with chapter119, F.S. K. All unmarlufactured arid manufactured artides, rn,rterials, and Ripplies which are, acquired for public use urld(�r thm Agreerrient must have been produced in the United States as required under 41 U.S.C, 8302, unless it would not be in the, public interest or unreasonable in cost. tea DEO shall ensure compliance -mvith, section, 11.062, F.S., and section 216,347, F.S. The use of funds under this Agreement for the purpose of lobbying the FloriIpda Leislature, the (udjcial biranrch, or i-1 ny SOW agency is prohibited pursuant to section 216,347, VS. Subrecipient sliall, riot, Vn connection with this or any other agreement with the State, diFectly or indirectly: (1) offer, confer, or agree to confer any peruniary benefit on anyone as consWerition, for any State off"wer or errip] oyee's decision, opinion, recommendation, vote, other exercise of discretion, or, violation of a known legal duty; or (2) offer, give, or agree to give to anyone. any gratuity for the benefit of, op at the, direction or request of, arvy State officer or einployee. For purposes of clause (2), "gratuity" means any payment of more than nornirral monetary value in the form of cash, trarvel, entertainti,herit, gifts, meals, lodging, loans, subscriptions, adva rrices, deposits of money, services, ornriloymc?rit, or contracts of any kinds, Upon request of DEO'sInspector General, or other authorized State official, Subrecipient: shall provide any type, of lnfornnation the Inspector General deems, relevant to, Subrecipient's integrity or responsh I htya Such, information may include, hot is Plot limited to, Subrecipient's business, or firiandal records, docu ments,,. or files of any type or form that refer to or relate to this Agreement. Subreciplent: shall retain such records for the longer of M. Subrecipient shall reimburse, the State for the reasorlabltp costs of investigition incurred by time Inspector General or other authorized State official for investigations of Subredpient's compliance with the ternis, of this or any other agreement between Subrecipient and the State which results in the 5uspwrsion Of debarment of Subrecipient. Such costs shall include but shall riot he limited to: salaries of investigators, including overtirne! travel and lodging expenses; and expert witness and documentary fees. Subri-milpient shall Trot be responsible for any costs of investigations that do not resu it: in Sub rec.Jpie rit's 5u s penslo n or debarment. Page 14 (if 59 Qoc(j$iqr1 Envelope ID: 82GEFF73mB4C5-4B46-A5,?13-E0B EENF4139 DmuSi�n EnveiRpe. ID: 82OFFF?3-84C5-4R-4�Ali7g-E,O,H,F.,F-,7AF413q N'. Public Ertfity Crime: Pursuant to section 287. 133(2)(a), F,S,,, a person or affiliate who, has been plac4pd on t h e Convicted Ven d of List following a conviction for a pu b! I c entity crime may not 5u tinift a bid, Pro PO 5a or reply on a contract to, provide any gouds or senvices to a public entity; may not submit a bid, proposal, of reply Orl a curitrack with a public entity for the construction or repair of a publilc building or public work; May not submit bids, proposals, or rep4eson leases of real property to a pUbhcentlty; may not be awarded or perform work as il contractor, supplier, subcontractor or orinsultant rider contract with any public entity and may ri,ot Transact busjnes5 with any public entity in excess of the, threshold amount provided in section 787.017, F.S., for Category T�vo for a period of thirty-six (361 months from the date of being placed an the convicted vendor list, Subrocipiont affifms that it is ovvare of the prcivi,5icins, of suction 292,133(?Xa), and that aft no tirue hzis Subrecipient been, convicted of a Public Entity Crime. Su b rec if) I e In t s h all not violate s u c h I a w a rid and ca nv icl On du ring, t h e Kuril rrn of this Ag ree me n T rrw y result in the terminim.ion of this Agreement in accordarice wrth section 297- 133(4),, F_5. 0. Advertising: Subject to chapter 119, F.S, Subreciplent shall not publicly noy i`1f0rn`j4jtj()n concerning this Agreement without prior written approval, from MCI, Including, but not hmited to this Agreement in a p(es,s releast, or other promotional material, identifying DEO or the State as a, reference, or Otherwise linking Subrecipient's name, and either a description of this Agreement or the narriv of 0,10 or the State in any material published, either in prnit or electronically, to any entity that is not a Party to this Agreement, except pol,ontial or actual authorized distributors, dealers, resellers, or service representatives, P, Sponsorship : As required, by section 286.2S,. F.S., if Subrecipierit is a nongovernmental organization wh1cl,-4 sponsors a program financed wholly of in part by Rate finds, in,ducling any funds obtained t hr o u gh this Agr eernen I, It shrill, 1 n pu b I ic iz [ngo a d've rt i si n e, or d esc r i b i ng I h e sponsorship of t h e pro r arn, state., "Sponsored by (Subrecipient-s name) and the State of Florida, Department of Economic Opportunity-" it the, sponsorship reference is in written material, the words "State of Florida, Department of Economic Opportunity' must appear in the same size letters or type as the inane of the orginization. Q. Mandatory, Disclosure Requirenne(As: 1,) Conflict of Interest: This Agreement is subject to chapter 112, lz,S Subrecipient shall disclose the name of any officer" employee, or other agent, who is also an employee of the State: Subrr,�oplent shill also disclose the name. of any State emiriloyee whici owns, directly or indirectly, more than a five percent (5%j, interest En Subrecipi,ent of its affillates, (2) Corivicted 'vendors; Subrecipient shall disclose to DEO if it is on, the Convicted Vendor List. A person or affillate placed on the Convicted Vendor List following a conviction fora Public Cntity Crime is prohibited from doing any of the activities fisted in Subpa-ragraph (22](N) above for a period of 36 months frorri, the date of being placed an the Convicted Vendor List. (3), Vendors, on Scrutinized Companies Lists: If this Agreement is In the amount of one million dollars and zero cents ($1,000,000.00j, or Frnore, in executing this Agreement, Subreciplent certifies that it is not listed uri either the Srfkdtiruzed Companies with Activities, in Sudan List or the ScrrjtinW,,,,,d Companies with Activities in the Iran Petroleurn Energy Sector b5t, created pursuant to section 215.473, F.S. a), Pursuant to section 287.135(5), F.S.,, DE may iirirnediatOy terminate this Agreement for cause if Subrecipient i,s found, to have subirnitted a false certification or if Subired . pient is placed an the Scrutinized Ccirripani�es with Activities in, Sudan Listor the Scrutinized Companies with Activities in the Iran Petrolieum Energy Sector List during the torm of this Agreement, (b� If DEO detern,%inils that subrecipient has submitted a false, certification, DEO shall provide written notice to, Subrecipient. Unless Subrecipient dernonstrates in writing, within ninety days of receipt of the notice, that DEO's determination of false certification was made in error, DED shall bring a civil action against Su recipient, if DEO's determination is upheld, the Subirecipient Page 15 of S9 0ocuSigri rmnvellope ID; 820EF F73-B4G5-4B46-A579'-EOBE E"74F41313 DoCuSignEnwe[ope IR 82�1,FFF73-84C5-4L946-A57R-Ev,18,fF,74F4lj39 will be liable for as civil penalty equal to the p eater vof two rnillion dollars and zero cents 1$2,000,000,00) or twice the amount of this Agreenrient., arid Subrecilpient will be ineligible to bid on any contract with an agericy, or local governmental entity for three (31 years after the date of DE 's dete rTn inzi t ion of false certification by Sub re, c i p i e n t , (c) In the ov o nt 'th at Fed P ra I Darr ce a ses to a u t h or I z et h e states to a do pt artel enforce the con t r ac t i ng prohibition identified herein, this provision shall be null and void. 14) Discriminatory Vendors, Subrecipien,t affirms that it is aware, of the provisions of section 287- 134J2)(a), F,S.,, and that, at no time has Subfcciplent been placed on the Discriminatory Vendor List. Subrecipient shal! not Violate Such law during the term of this Agreement. Subrecipient shall disclose to DFO if it appears on the DiscrimirraturyVendor List, An entityor affih-ate placed on the, Di9cni-ninatory Vendor List pursuant to section 287. 134, F,S., rnay not: (a) Subrorit as bid on a contract to provide anygotAsoar services to a putrlicentity,� (b) Subrorit a bid on a contract with a publicent ity for the constructi,on., or repair of a public building or Public work; (C) SLrb,rnit bids on leas,es of real property to, a public entity; or (d) Be awarded or pr,nrforrn work as a contractor, supplier, sub-conteactor, or consultant under a contrart with any public entity; or transact business with any public entity. R. Abuse, Neglect, and Exploitation Incident Replurtin& In cowipliance with sections 39-201 and 41,51034, F.S., an employee of Subrecjpjew who knows or has reaionabl'e cause to suspect that a child, aged person, or disabledadult is or ha's been abused, neglected, or exploit shall inirnedimMy report such knowledge or suspicion to the Flo6da Abuse Hotline by calling 1,800-96ABUSE, or via, the web, reporting option at or via fax at 1-800-914-0004. AFederal grant funds provided under this Agreennerit may not be used by any Subrecilrient or Subcontractor to support lobbying activities To influence proposed, or pending Federal legislation or, appropriations. This prohibition is related,, to the use of Federal grant funds and not intend(,�d to affect an individual's, right or that of any organization, to petition Congress, or any other level of Government, through the use of other rvsource,s (Sec« 45 C-V R, Flirt 93)5 8, SuArecipient certifies, by the authorized representative's signature to this Agreiment, that, to the best of its knowledge, and belief,. no Federal appropriated funds have been paid or will be paid, by or on behaff of Subrecipient, to airy person for influencing or attempting to k-flfluence an officer or employee ofany Federal'agency, a Member of Co press officer or ernp[oyee of Congre5s, or an ernplloyee of a Mertiber of Congress in connection with the awarding, of any Federal contrict, the making of any Federal' grant, the making of any Federal, loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loari, or cooperative agreement. C If arry funds other than federal appropriated funds have been paid of will be paid to any person for k1flUencing or attempting to influence art officer or employee of any federal agency, as roernber of Congress, an officer or employee of Congress, or an employee. of a member of Congress in, connection with dais Federa[ contract, grant, loan or cooperative agreement, Subrecipierit shall complete and submit Standard Form-LLL, "DjKlOsure Form to Report Lobbying." DSubreciptent shall' comply with the requirernents of 31 U,S,C,, § 1352, and require all subcontractorrs of �wbawards (Including subcontracts, subgrants, and contracts under granter loans, and cooperative agreements) to comply with 31 U.S.C. § 13SZ= In addition, Subreciplent shal'I ensure that all subawards contain the certification set forth in Subparagraph (.23)(B) above and the content of' Subparagraph Page 16 of 59 OocuSign EIrwelope ID: 820E.FF73-B4C,6,-4B46.A579-EOBEE74F4130 Govw&gn Enweiape 10 a20F FF 73-84C5-4B46-A679-64BEE 74l"4139 (23)(C.) above- SoLlrecipierit: shall require that atl Subcontractors provide ,rich certifications and, when applicable, submit the completed Disclosure Form to At -port, Lobbying This certification is a material representation of fact upon which rolwnce was placed when this transaction vias rnade or entered into, Subinission of this certification is a prerequisite for making or enteri,ng into this trails -action, Any person V who makes an expenditure proNbited by Subparagraph (23)�B) or fails to fill or amend the declaration required by, Subparagraph (23)�C) shall be subje-ct: to a civic penalty of not less, than ten thousand dollars and zero cents ($10,000,00) and not more than one hundred thousand dollars and zere cents ($100,000.00) for each such expenditure and such failure, 24. COPYRIGHT, PATENT AND TRADEMARK Any, and all, patent rights accruing, under or in connection with the perfoFrnance of this Agreement are hereby reserved to the State of Florida, Any and al'i copyr4jhts accruing, under or in connection with the performance of this. Agreement arehtreby transferred by Subrecipient to the State of Florida - A. If SulareLripient has, a pre-existing, patent or copyrilight, Subrecipient shall retain all rights and entitlemen,ts to that pre-existing patent or copyright unless this Agreement provides Otherwise. 11. if any discovery or invention is developed in the course of or air a result of work or services perfOrme'd under this Agreement, or in any way connected witiri it, Sri bfPcilpient shall refer the discovery or invention to DE O for a determination whether the State of Florida wfflseek Patent protection in its narrie,. Any patent rights accruing, under or in connection with the performance of this Agreemont are reserved to the State, of Horida, if any. books,. manuals, lihils, or other copyrightable material are produced, Subrecipient shall, notify DFO. Any copyoIghts accruing under or in corl,nection with the performance Linder this Agteenwrit are transferred by Subreciluent to, the State of Horida. C_ Within thirty diy5 of execution of this Agreement, Subred plent shall disclose gall intellectual properties reliitinR to the p,e r formi) nce of this Agreement which hw or she knows. or,5fiould Rnow could give rise to a patent: or copybr S u b reo pi ent s ha I I retain a I I r ights a n d entit le m e nts to easy pre -e x Isti ng i, nte, I I erf,t u a I �property which Is so disclosed. Fail , ur('°. to disc losa will indicate that no such property exists. DUO, shall t1rion, under Paragraph 8, have the right to all patents and copyrights whicl-1 accrue during performance of this Agreenriient. 93FIXETWITUTOOTITMIRR 71k A. SLIbrecipient cenifies tbiat it, his, the legal authority to receive the funds under this Agree, ril e fit and that its governing body has authorized the execution and acceptancr,� of this Agreernent. Subrrcipi,r,-nt also certifies that the undersiped person has the author Ry to legally execute and bind Subredpient to the terms of this Agreement 13, Prior to execution of this Agreement, Subreciplent shall disclose all prior or sane going civil LIT criminal litigation, investigations, arbitration or ado'ninistrative proceedings (Proceedings) involving Subrecipient, (and each subcontractor) in a written statement to DEO's Contract Manager, ]'hereafter, Subrecipient has a continuing, duty to promptly disclose all Proceedings upon occurrence. This duty of disclosure applies to Subrecipient's or srubcontractor's officers. and directors when any Proceeding rellates to the officer or directors business, or financial activities. Details of spitlements, that are prevented from discloswre by the terms of the settlement may be, annotated'as sudli. PIN Pagco 17 of 59 DGruSign Envelope ID- 820EFF73-B4G5484�-A579,E.OBEIE74F4139 Dbou Sign Enwelope 10. 820EF 1`7 3-MCj-4 B46-A57il-FOSIFE, 74F41 n A. Prison Rehabilitative Industries and Diversified Enterprises, Inc (PRIDE); In accordance with section 946,515(6)o F,S., if a product or service requl-fedfor the performance of this Agreement is certi,f ied by or, is available from PRIOE and has been approved ire accordance with sectrong4fi.S:[521, F.S., the. following state m en t: a pp I ie s: IT' IS [EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICEFS WHICH ARE THE SUBIEt'i" OF, OR REQUIRED TO CARRY OUT,THIS CONTRAC I SHALL E11 PURC14ASED FROM THE CORPORATIONIDENTiFiEn UNDER. CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME' PROCEDURES SET FORTH IN SECTION 946 - 5 15 � 2) AN 1) (4), f, S , � AND 1, OR, P UR P05 E S 0 F T H 15 CO NTRACT T H F P E MON, FIRM, Oft OTHER BUSINESS EN TIf Y CARRYIN(jOLJT 1 HE P(ROVISJONS, OF THIS CONTRACT SHALL BE DEEMED, TO, BE SUBSTITUTED FOR THIS AGENCY !INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED, 1h e, above clause i 5 not a pPI ica bi Q to s u Ix o n kra cl o rs u Me, s5 otherwise re q uj red by la w. Add i t ion a�. 1 i rif orn-ha tJ o n a bo Lit PRIDE and the e prod u (,ts it offers i � a vai I a bkat B. Pfriducts Availa-ble frorn the Blind or Other Handicapped (RESPECT)- In accordancv with section 41103613), F.S, if a product or servicc required for the performance of this Agreement is on the procurement list established pursuant to section 413.0352), F-S, the following stale n,ient applies; IT IS EXPRFSSLY UNDERSTOOD AND AGREET) THAT ANY ARTICLES THAT ARE THE SUB)f-ICT OF, OR REQUIRED TO CARRY OUT, THIS, CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR 11,11F, OUND OR FOR THE SEVERELY HANDICAPPED THAT 15 QUALIFIED PURSUANT TO CHAPTEIR 41"A' FLORIDA STATUTES, IN THE SAME MANNER AND UNDLR'FHE SAME PROCEDURES SET FORTH IN St CTION 413-036(,11 AND (2),, FLORIDA $1 A r U1f S; AND FOR PURPOSES OF TFI-1115 CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING, OUT THE PRO VISION,$ OF THIS CONTRACT SHALL BE DEC MEDTO Bf', SUBS I it UTE () FOR 1 fit S FAT E AGENCY INSOFAR AS DEALINGS wiTH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about the designated noriprofit agency and the Products it offers is avai,table at C. SUbrecipleot shall procure any rocycled products or materii Is which are the subject of or are reql-lred to carry out this AEreernent in accordance with section 403-7065, F.S. pyjlk I 11�15 if any provision, in whole or in part, of this Agreement is held to he void ag unenforceable by a court of computent juris,diclion, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise Linenforceable, and all other provisions remain in full force and effect, MARMW4211 A. I WERE ST Of C ERTAI N F EDERA L OF Ell CIALS No member of or delegate to the Congress of tl,,te United States, and, non Resident, Coroniksionor, shall be admitted to any share or part of this Agreemew or to any benefit to arise from the same, 8IT OF MEMBERS, OFFICERS, OR. EMPLOYEES OF SUBRECIPIENT, MEMBERS OF LOCAL GOVE RN I NG BODY, OR OTHER PLI BLIC OFf I CIA LS No mem.ber, officer,or employee of Subredpient, or its delegates, or agents, no member of the governing body of the locality in which the program is situated, and no other Public Official of such ZmEam DneuSign Envelope 10: 920EPF�73-84(,:5-4F34i3-A5713-EO9,FE74F4119 DanjSign Fnvelarie ID820EFi77'3,84C6,4B4fj,,M"7„EOBEE74f��-4131) locality or localities who exercises Any fwictions or, responsibilities with rp5pect to the program during his tenure or for one year thereafte,r, may have any interest, direct or indirect, in any Contract of subcontract,or the proceeds thereof, for, work to be performed in connection with the, program assisti,,d under, this Agreement, Subrecipient shal'li incorporate or cause to be incorporated in all Such Agreements, a provi s i a n pro h I bit ing such interest pursuant to th e purposes of t h,is stj bse ct 10 n - No ho a rd rri e mbe r, officer or e m ploye, e mill be, pe rm i it ed t 0 r v co 1,ve any remuneration or gift in any amount. card mv?,mbers may receive travel expenses in accordance with section 112-0,61, F, 5- C. NEPOTISM Subreciplent agrees to be bound by tfiv provisions of station 112,31.3%, F. S, pertaining to ne.potrsm in its perf o r nia n ce under t h i s Ag rip P rn e nt, X Ak ittachoi,ents And exhibits to tfiN Agrecment are incorporated as if setout f ul ly herein. B. In the event of any inconsistencies or conflict between the lar",guage of this Agreement and the amachment&, the language, of the wtachrrie�nt,s shall control, but only to the extent of the confl',!ct or j nco n s i ste. rrcv, Ce This Agreement has the following attaOirner% iind exh,bilsf, Exhibit 1 -- Audit Requiremevjt Exhibit 1-A ®- Funding Sourc(',-!s Exhibit 2 - Audit Corripliarme Certificatiori Attachn,tent A-! — Low-income Horne Unc!rgy Asistance Prograrri Stripe of Work Attachment, A-2 — Weatherization Assistance Progmai Scope of Work, Attachment 8 — Cef tif ication Regirding Debarment Attachirrient C A- Justification of Advance Attachment D — Property tanagers eut And Pro,curerrieriA Att ac ft rnen ( E — 5 ub r eci p i ent Information Attachi-nent F — Transparency Reqvirernents Ili e remainder of this pa is, iri ten tionall'y left blank - DncuSign Envekipe 1t3 820EFF73-B4C5-4&46-A578-EOBEE74F4139 D=-%O Enve pe IQ. d2fFF734MC64846A570*WE74F4139 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FEDERALLY FUNDED SUBGRANT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, by signature below, the Parties agree to abide by the terms, conditions and provisions of the Agreement. SUBRECIPIENT MONROE CO , FLORIDA BY: (Sig turey WW lipjtfan, CoAnh, tywl Pik 'r►►' (Print/Type Name and Title Here) Date: it -ArIP1 II, �va-t 59-6"749 Federal Identification Number 777 DUNS Number 92012 Agreement Number ASSI P ATiOFWEy 1%. 416121 KEVIN MADOK, CLERK STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY By: 1 Dane Eagle Executive Director 3/16/2021 Date: Approved as to form and legal sufficiency, subject only to full and = = proper execution by the Parties. Office of the General Counsel ., Department of Economic Opportunity ova �. CD J,ailt,l,p, • f w 3/12/2021 Approved bate: SIGNED BY: NAME: Michelle Coldiron TITLE: MAYOR DATE: April_ 21, 2021 _(BOCC ratified) Page 20 of 59 Docuaign Enveliape ID: 820EFF73-B4G�.i--4B4&-A'579-EOBEE74F4139 DocuS51n Envelope 111): ri2OEFF73-B4C5-4B48- 9,-EOBEE74F4139 The administration of resouarcer awarded by the Department of Economic OpportuIrlity (Department or DEO) to, thubrecipient may be subIject to audits and /or monitoring by DEO, as described in the Agreement, and as described further in this Exhibit- No provision of the Agre,ernont is intended to limit the terms ofthis Exhibit, and no provision, in this Exhibit is hmended to firnit the terms of tho Agreernent. The term "contract," as used throughout this Fxhibll, means the Agreement, avid any individual subaward granted to the S,Oreidpient through a Notice of Fund, Availability (NIFA). MQ_N t JM-N - in addition to roviews of audits conducted in accordance with 2 CFR 20Q, Subport F - Audit Requirements, and section 21S.,97, Florida Statutes (F.S..), as revised (see AUDITS below), monitoring procedures may include, but not be krinited to, on -site visits by DEO staff, hulited scope audits gas def inead by 2 CFR, §20,0A 25, or offier prue edures, By entering into this agreement:, the Subreciplent agrees to comply and cooperate with,any monitoring procedures or processes deemed appropriate. by DEO, In the event DIED determines that a linnited scope audit of the Suibreciplent Js appropriatt-5, the Subtecipient agrees to comply with any additional iinstructions, provided by DE D staff to the Su brecipient regirding such audit The Subrecipient -further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the C100 Financial Officer (CF,'O) or Auditor General, PART I: FEDERALILV FUNDED This part is applicable, it the SubrecOent is a state or local government or a nonprofit organization as defined I ri ) C r R §."?, 010,90, § 2 64, a n d § 2 00 . 70, I SubrcTipient that expends $750,000 or rn.cire in federal awards in Its fiscal year roust have a single or prograrri-specific: audit cor-Oucted in accordance with flie provisions of, ? CFR 200, Subpart F - Audit Requirements. In determining the federal awards expended in its fiscal year, the Subrecipient shaill consider Al sourcesof federal award's, Including federal resources received from DEO. The deterruinnation of arriounts of federal awards (,Axpcnd(td should be in accordance with the guidelines establishod in 2 CFR §§200,502- 503, An audit of the Subrecipient conducted by the Auditor General i in accordance with the provisions of 2 CFR §20,0.514 will meet the requirenrentsof this Part- 2- For the audit requirements addircssed in Part 1, paragraph 1, the Subreoipjerit shall fulfill the requiremcmts relative to a u dit ee re span TJ b I lit ie pis p ro vicled In 2, CFR § 2 W 50 8 - 512 3, A, Subreciplent That expends less than $7.50,000 in lederal awards in its fiscal year is not requored, to have, an audit conducted in accordance with the provisions of 2, CFR 200, Subpart F - Audd Requirements, if th,(,,, SubIrecipient expends I'ess than $750,000 ix) federal awards in its fiscal year arid elects to have an audit conducted in accordance with the provisions of 2 CFR 2,00, SuIbparl: F - Audit Requif ernents, the cost of 'tile alldit Must hie ,paid from non-federal resources (Le-, thecrest ol'suchanaudil mustbe paid from Subrecipient resources obtained from other than federal entities) : PART fl: STATE FUNDED rhis part is applicable it the subrecipie nt is a nonstote entity as defined by Section 2 IS.97(2), Florida Statutes. 1. In the event that the Subrecipient expends a total arriount of state equal to or in excess of $750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the Subrecipient must have a state single or project -specific audit for such fiscal, year in accordance: with secticin Page 21 of 59 DocuSign Envelope ID:. 820EFF73-,a4C:5-4r346-A�7R-EOa,E 74F4139 DochiSign Envatcrim Its 215V, F,S.; Rule Chapter 69l-5, F,A,C,, State Financial Assistance; and Chapters 10,550 (local governmental entities) and 10.6SO (rion,profft and for' -prof it or,ganizatrom), Rul�ei of the Auditor General, EXHIBIT 1. to this form Irsts, the sti4e firiancial assistance awarded through DE O by this agreernent- In dc1errnining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other nunslate entities, State financial assistance does not include federal direct or pass=through awards and rvsciurces received fry nonzate entity, for federal progrim matching requirements, 2. For the audit requirements addressed in Part 11, paragraph 1, the Subfeciplent shall ensures that the audit complies with the requirements of section 215,91(8), FS. Phis IniClUdes submission of a finamirial reporting package as defined by section 215,97�2), F,5, and Chapters 10,550 (tiocal governmental entities) and 10;650 (nonprofit and for ,profit ofga nivations), Ruk,5 of the Aud4or General. I if the Su brecipient expends less than, $ Y50,000 in state financial, assistance in its fiscal year Ifor fiscal years ending June 30, 20,17, and thereafter), ari audit condu(ked in accordance wit[i the provisions of section 21S�97, F;S_, is hot required. 11' the Subreciprient exprerids less than $750,000 in state financial assistance in its f isciO year and elects to have, an audit conducted in accordance with the provisions of searon 215.97, F.5, the,, cast of the audit must be paid from the noristate entitVs resources fl,e, the cost of such art audit nium be paid from the Submcipierit'i resources obtained from other than state entities,) - PART Ilk OTHER AUDiT REQUIIREMENTS AUDITOR WORK, PAPERS ON INTERNAL CONTR01-5 The S"bredpient will obtain the intUM31 COritT01 WOrk papers from the atpclftof�s) perforrning its annual indepiandc,int financial staternent audit, The Scab -recipient will keep these work papers onsite as part of their financial -records and will make these, records available for review by DEO upon, requemt_ The Subren1pient further agrees that, up oei r equ e st, 0 EO wi 1, 1 a Iso be p r ovrd ed ol In o r a u it 1 t we rk papers Lis n e e d e d � PART IV. REPORT SUBMISSION I Copies of reporting packages for audits conducted in accordance with 2 CFR 2oa, Subpart. F - Audit Requirernents, and required by Part I of this form skall be submitted, when required, by 2 CFR §200.512, by or on behalf of the Subreci,pient directly to the Federal Audit Clearinghouse (FAC) as provided in 2, CF13, §200.3,fi and §200 512. The FACs website proviides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry systein rnay be f0LMd at the OMA website, Z Copies of firimicial reporting packages required by Part 11 of this form shall be submitted by or on behaff of the Subrvcipi(�,nt dto ea-ch of the following: J DEO at each of thre following addres%es,. Electronic copies (preferred): or r Paper (haf d copy): D,eparIxnent Economic Opporturiity MSC #75, Caldwell Budding �107 E,,ast Madrsorn Street, Tallahassee, F1,3239,94126 I ,, The Auditor General's Office at the folilowing address: Auditof General Local Government, Audits/342, Claude Pepper Builcling, Room 401 111 west N1 a di so n Street 213NUM DacuSign Envelope ID: 829�F,,FF7a-B4C5-4B46-A579-EOBEE74F4139, clocu,Sn EriWopa 10 82DEFF7,3-B4C54B4,C,-A`79-EQ13EE74F4139 Tallahassee, Florrda 3239,9-14,50 The Auditor Ge n era I's we bsite (h ttp s://fla u d ito r,,gov/) providm instructions for filing ail ele ct ro nic copy o a financial reporting package, 1 Cogles of reports of the management letter required by Part 111, of this forro sh,311 be suboritted by or or! behalf of the. Subrecipient. direalA to: Eleckxodlic copi"s (preferred) or Paper (hard COPY)-, Depa rtment Fronor-nic Opportunity POSC 4 15, Caldwell Building, 107 last Madison Strett Tallahassee„ FIL. 32,399-4126, 4, Any reports, ni�anagerent letters, or other information required to be subrilitted to DEC) purskjant to this ag ree ill en t shall be sup hill it t v d I im v ly in accordance with 2 CIF R § 20 0=5 12, section 2 15,9 7, a n d Chapters 10,550 (local governmental entities) and 10.6SO (nonprofit and for -profit organi.7ations), Rules of the Auditor General, as applicable- Subrecipients, w1ilen wbmitting finariciol, reporting, packiges to DLO for audits done in accordance with 2 CPR 200, Subpart F - Audit. Requirements, or Chapters 10.550 (loral gov(�qnrrtental entifies) and 10,650 (nonprofit and, for profit, organizations), Rules of the Auditor General, should Indicate the date that, tile reporting package was delivered to the Subreciprent wi correspondence iccompanying the reporting package, ,PART V: RECORD RETENTION The SubTedpient shiall retain sufficient records demonstrating its cooiPikance, with the terms, of this Agreement, for a penod of five (5) years from the date the audit report is issued, or five (5) state fiscal years afteraH reporting, rectkiii-ements are satisfied and final payarcnts have b",n received, whichever period is longer, and shall allow DFO,car its designee, CF0,ur Auditor General access to such records upon request, The Subrecipient shall ensure That audit working pipers are made available to DE0, or its designee, CFO, or Auditor General upon request for a penod of five (5) Vear� frorn the date themidit report is ksued, un[eFs extemded in wrlti,ng by DIE0, In addition, if any litigation, tJaim, nt?goWtion, audit, or other action in,volvinp, the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained unt4 comp[eflon of the action and resolution, of all issues which arise from it, or until the end of the conAroffing period as identified, above, whichevef is. longer. 00 of Exhibit 1 Page 23 of 59 DocuSign Envelope PD: 820EFF73-B4C5-4B46.A57,9-EOBEE74F4139 DocuSig,n Enwelape 0. 8-mEF F 73-NC6-4B413-A570-EQeEE74F41 n LQNDIN939URM jjW"77U FTF"i FOLLOWING� Federal Awarding Agency, U.5. D c pa r Vne nt of H ea It hsand H tj m an Services Low-income Horne Energy Assistant t- Program (forrr Catalog of Federal Domestic Assistance Title- grant) Catal og of F ecte ra I Dome Of c Ass istarrce Dumber 91,568 ..... . .... . ............. . . . .... Federal Awarding Agency: U.S. Departmcmt of FnLrgy Catalog of Federal Ocimestic ,Assistance Title: Weatherization, Assistance Pr ogran"t Catalog of Federal Domestic Assistance Number: 81. 04? .... ... . ...... ... . .. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PUIRSUANT -TO THIS AGRE EMENT ARE, AS FOLLOWS, Federal Program: Subrecipier%t!Nall 'u.(, the LIHEAPfund's to provide energy assistance benefits to eligible households with to income. `These funds will be expended in accordance with applicable lair and the terms of this Agreement, including, but not limited to attachments, applicable reederal im5t principles and regu 1 at ion ;�,, a n d t h u nio,,t re ce n t 1ly approved Ll H EAR St ate plan, S u brec i pie n t shall use t h e WAP fu nd s to performs energy saving repairs arid, ins I a I I'at lo n o f energy saving fuea'S,Ures on qualified single-fwnily dwell'irip in accordance with all attachr ents to this Agreement,, applicable Uniform Guidance, WAF1 Proicedures Manual, Field Guides, and the most rece nt ly approved WAP State Ff an,. Subrecipient shaft comply with applicable Uniform Guidance, DEO's WAli requVements, and eligibility requirements as, set forth in the U-S. Department of Energyreplations codified in Title 110 of the Code of Fedefal Regulations, part 440, — Weatherization Assistance Program for, Low - I nco rm- Rersom- MIM RRECIPIEN -PURSUANT TO I IS AGREEMENT CONSIST Of THE FOILOWIWI M Page 24 of 59 DmuSign Enve1cpe ID: a2,UEFF73-84C5.4B46.-A579-EOBEE74F4139 f)mj,S4jn Frivelope ID, 820EFF73-84G5-484�6-A579-EGBEE?4f"4139 "I � 1. . 0, * 1 0 � MOM F"ederal Programi N/A IUBJECT State Project, N/A � 1 1 AwIlm'' MOW= m NOTE. Title 45 C.F.R. 75-352 and 5ection Florida Statutes, require that the, Information about R,"deral Pr(:) rams a irld'State Pfojects included in Exhibit I be provided to the Recipient. The ferna,inder Of this'page is ill tent"Ono Ity left, blank Page 2,S of 59 Docu ign Envelope ID: &2�1EFF?3-B 4C5-4B46=ASi�-EO!9,,74 473 Docu ign Envelope 0 820EFF73-Fa4 m4r ra 57°g•FOBFr:74P d13 EXHIBIT 2. AUDIT COMPLIANCE ERTI1Ff I Audit Compliance Certification Email a copy of this f6rat within 60 days of the end of each dace f year in whkh this grant was cipe, rt to �tsr'ra rrr,�ia�rir'i�, c, Subrecipient . FFI N, ubrecipient's Fiscal Year: Contact'sName: Contact's Phone Contact's F"mail:: f. Did ubrecip (ant expend state fimvi,(~ial assistance, during its fiscal year, that it received under any a reenrent (e,g„ contract, grrarit� rnc',mi ran,durn of a greement, memorandom of understanding, ticon rnic incentive award a reement, etc,) between the Subrecipient arrd the Department of Economic Opportunity (DE)?____Yes No If the above RnWff i yes, -,JnS4 C"f the following before proceeding to dern laid Subrecipient expend $500,000 or rnore of stmrtrr financi-al assistance (frrrrn DEO and all other sources of state lrnancial assistance com4ined) during its fiscal year? _Yes if fires, the Subreciplent certifies that it will timely complywith all applicable stake single or project - specific audit requirements of section 21, Florida Statutes, and the applicable rules of the Department of Financial Services and'the Auditor General. Did the Subrecifalumt expond, fecieral awards during its fiscal year that it reooivorf under ariy a reerrbent (e.g„ contract, grant, rrremorandurn of a reerrienir , memorarrdurn of understanding, economic incentive award agreement, etc.) between the `Subrer:rpient and DEO? ..-- Yes No If the above answer is yes, also answc,r the iollowing befo,re proceeding to executi r`i ref this cerfilication., ' Chid the Subrecipient expend $150,000 or morr. in, fe&lral awards (from DFO and mall other sources of federal awir°d combined) during its fiscal year? _Yes her if yes, the Subreciplent certifies that it will timely crrrxrply with all applicable single or prot rare- -specific. audit, requirements of title 2 C.F.Irk. part 200, subpart F, as revised. By signing, below, I certify, on behalf of'the Su recfplent� that the above representations for items I and are true and correct. Signature of Authorized Represr:ritative Date � Printed fume of Authorizvd Representative I itle of Authorized Representative DocuSign �rrvelope IQ: 820EFF73-,84C5-4B4&A579-EOBEE74F4139 DocuSign Envelope ID- 820EFF73-B4C5-484-A579-EO8EE74F4139 ATTACHMENT A-4 1. SUBRECIPIENT RESPONSIBILFTIES Subrecipient shall -comply with,, and if applirable, shall ensure all, subcontractors' comphiance with, the, follawing requirea-Ionts, A. COMPLIANCE REQUIREMENTS 1) Subrecipient: shall use the LIHL,,AP funds to provide energy assi I stance benefits to elillible househol'As with to incorne,"l hese funds will be expended in accordance with applicable law and the terms of this Agreement, including, but not limited to attachments, applicable federal Cost principles and repulafions,, and the current, LIHEAP State Plan, (2) Subrecipient shall comply with all applicable U,S. Departrntmt ol. Health and Hurrian Services laws, irl,clud[rig, but not limited to, title Q U,S,C. chapter 106, and allapplicablic regulations as set forth in title 45 CS'A. part 15 and part 96, as well as 2, O"A § 17515(b) as it relates to 22 U.S.0 7104 I) reve niti o n, o f t raff ic king. S. PAYMENT AND DELIVERABLES Slibrecipient shall be retnibursed rrhont.Wyfor expenditures repoited on its Moq,-tthly Financial Activ,ity, as driscTilivd, in this Attachment for successful cornol,cmion of the Deliverable, as wlely by [)Co. Deliverable: Direct Client Swvicvs arid Hours of Opei-M,jon 11) Subredpient shall provide services to a rninip'norn of one Vrousehold per ui,onth in accordanc(,' with the OHEAP Annual Workplan, and section F. and section F- of thJs Attachrn,ent to fl'jis Agremi"kent and shall have its main idrninistrative offrce�s) open, for business, with the entrance door c)pen to the public, and at least one arnployee on site Monday through Fri�rday, during the hours, of 8:00 ani to 5:00 pul- This operating hour re wire mi�,nt clues not apply to Subreciplent's outreach locations (Minimum Level of Service). (21 Subreopient 5114311 $Ltbrnit a revenue and expense statement supporting costs in sufficient detail to, evidence such casts were allowable, reasonable, allocablt, and necessary to serve eligible clien,ts 13) Subrecipient shall each rmnth subuilt a Monthly Financial Activity as described in this Attachment 1) Failure to stiicm-shufly corr-ripl,ete, the Minimum Level of Service for the above Deliverable, as determined by DE O ie, its sole discretiori, will re5olt in nonpayfir4ent, DEO shall not reimburse any expenditures associated with the Deliverable not accepted by 1310, as, successfully completed; howevor, this does not preclu,de Subreciplent frorn receiving payment, for suck, expendihures upon successful rornpl�etion of the Deliverable. (2), 1 he Financial Consequences ,identified in this Ag onn being I ,reerner)t do not preclude Subfecipi(,�rrt fr I subject to 'Debarment and Suspension"as prescribed by EEO_ When a Subrecipient fails to conriply with the terms of than, Agreement, a temporary suspension of fundingg foe enforcement purposes rnav be instittAtod- 2EMUM Q=Sign Enyelape 11); 820EFF73-B4G6-4B46-A579-a .,1,BEE74F4139 taw cu,Sign Envelope ID 820EFF73-B4C5-4846-A579-EOBEE74F4139 I ) "Administ rat ive Expense" — Those costs for general administration and d IFo or din ation, at the PFOEr am, including direct and indirect costs,. IhI5 includes the salaries, fringe, rent, utilities, travel, etc, associated with financial and administrative management of the program. 121) "Applicant" —A person or persons who has subm4ted or requested, an zitrial'ication for services- (3) "Application Date' — The date the applicafion is crrmplotcid (whether by self or with assistance), signed by the Applicant, and verified by Sutrecipierifs; staff, This date shall not be changed. (4) "Application Receipt" — The date an Applicant first submits an applicati,on, for assistance, (5) "'Client" —An Apphicant, household or custorner whose application for assistance has been approved, (6) "Crisis Assistartce' — AssisUnce provided to an Applicant with no access to, t,)j- in danger of losing access to, needed home energy, Subrecipient may prowde up to, two (2) Crisis Assistance benefits per year, (a) A m ax 1 m u m of o n e (1) so rom er Crisis assistance benefit rn ay be app lie, d to a C Merit's a cco unt during the cooling season, April to Septernber. (b) A maximum of one (1), winter Crisis Assistance beriefit may be applied to a Chent's, accourit during the heating season , October to March. (c) Maybe used to pte-pay hovive erieogy usage- 17) ""Eligible Actions" — All app,liications for or Crisis Assistance rriu5t, be acted upor! by Subrecipikmt With an Eligible Action taken, to mediate the crisis within eighteen (18) hours of Appli,catian Receipt. Higible AcOons h,icludle: (a) Approval of application, (b) Denial of a ppl I c ation pending further i nfo r rn atiori,5 (c) Denial of application because Applitarit is deenred incligibl'c, (d) Cori ta c t u ti I i ty ve n do r to halt power d iscon nect i a n of interruappti an an serwce s; or (e) Written referral to, along with providi,ng Applicant assistance in contacting, another 1gency if LITIEAP funding is not available or the Applicant is meligiti[e. (8) "Home Lnergy &si5tartce' — Assistance provided to an Applicant to Fed-trce the Applicant's overall horne eriergy burden. SUbrecipientrucfst provideart lr,,?as1 one (11 Home Energy Assistance benefit per calendar year, (ar� A Client may not receive more Than one (I I Horric Fnergy Assistance beriefrt per calendar year, (b) 'The benefit is not contingent upon current or past due arnounts and can be used as a direct, credit to the Che nt "s a cco u�n t. (c) May be used to p ry - pay h ame energy us -age u p to the a mou nt t h e C I i e rit. is eligible t a rece i ve (d) Must follow the current benefit it payment matrix providedby DEO, (9) Home Energy Crisis"" — shall be defincd as no access or being in immediate danger of losing access to, needed home energy beCaurse of any of the following: The Applicant's home. cooling or heating energy SOU rce has been cut off,- (b) The Applicant has been notified that the energy source for cooling or heating is going to fee cut off, (c) The Applicant has received a notice indicating the energy source is delinquent or past due; (d), The Applicant is unable to get delivery of fuel! (or heating, is out of fuel, for heating, or is in dan I g; ger of being out, of fuel for heatIni wms�� Doc Sign Envelope I'D- 820E.FF73-B4C5-41 46-A579-EDBEE74F4139 Duw$'Jqn Enwagape ID: 820EFF7�-,B4,C,�-4k346-A579-Of3)�E74F4130, (e) The Applicant has bill for which the due date has lapsed; or The Applicant has other problems with lick, of cooling or heating, in the home, such as needing to pay a deposit, needing a repair or purchase, of heating or cooling equipment, or needing I rkt r I m, ernorge n c y me as u Ire s to ovoid f u r t h er crisis.. (10)"Outreach Expenses' — costs incurred in delivering OHEAP services that are not purely administrative irri mature- this may include staff expenses such is salaries, fringe, rent, utilities, travel, etc, for those employees performing Outreach and intake, co,sts for adwertising, costs for application supplies and storage of client files:: f,il)'R.easonablePr,oitipit-iess�'—M,aris within fifteen (15) working days of Application Receipt, (1) Subreci(prent will administer the LPHEAP Program in accordance with information and directives provided in, DEO-Issued linformation Memorandum notifications, DEO-issued policy directives (if any$, and this Agreement, 2) Stibrucipient shall conduct outreach activities designed to ensure that eligible fiouseholds,, e 5pr,,r: i ally hou5eholds with elderly or disabled individuals, young, children, arid those with they highesthome energy burden are made aware of the assistance avoitable under this Agreement, (3 ( Subreripient shall as5istr,,ach Applicant in securing help through other community resources when L1,H'EAP funds are not available or are insufficient to meet the erriefgenty home energy needs of an Appl'irrant­ (4) Subrocipient shall maintain thp following written policies; (a) A written, policy that Outlines Its procedure and requirerm,,mt5 for conducting horne visits to horiritry bound Appl,Jcants, especially the elderly or disabled, for completion of [he pro rare application or eligibility determination when other assMance is not adequate, (b) A written policy to secure Applicants' social security rturnbei-5 in order to protectth(cir Wenfity, At a iininirnum,, this policy sholA address the handling of both paper and electronic records and files- Subrecipierit: shall, in collecting Appkcints' social, security numbers, uqe the Notice ReVarding Collection of Social Security Numbei-5. The Notjrrshall be signed by the Applicant arid nr airattairrCad in the Client file. (c) Awritten policy to assure that all envrgy vendor's to which energy aWstartce payments are rnadc% comply with the requirern,ents of section H of this Attachment, (d) A written poliryon how to document and verily that an Applicant : meets tKedefinition of a Home- friergy Crisis and is eligible for Crisis Assistance, (e) A written policy to ensure That LIHEAP funds are appropriately budgeted and expendod to sufficiently all for energy assioance benefits in both the heating and coohng seasons. (f), A written policy for detern,flninfl, Applicant's eligibility for receiving benefits undef the LIHEAP progarn. (S,j A written appeals irid complaint policy that provWes an opportunity for a fair adrninistFakive hearing to Applicants or Clienis whose, applications for orssi,-,Iantcare denied or whose applications lire not aoecl upon with Reasonable Prorriptness. Subrecipient shall post its appa al! and complaint policy in prorninent place within Subrecipierit's office viewable by all' Applitints and Clients. (5) Subrecipient shall, within fifteen (15) workingdays of the Application Date, furnish a writter) Notice of Denial and Appeals for each Applicant denied assistance. At a minimum, the written Notice of Denrialand Appeals shall contain- ZMEMM DocuSign Envelope ID 820EFF73-B4,C5-4B46=A579-Ea,BEE74F4139 DacuSigai Ernwflope 10: BZGEF F7-BelC,54 846-A579-FORE E74F4 $ 39 (a), tame of Applicant, (b) Date of Application; (c) Type of benefit, sought., (d) Reascins) for denial,- (e) Statertierit on Subrv6pj(4rJ_jtS benefit li;n I its if ap.pli'r 'able; (f) Statement of appeals process,- (g) Explanation of the circurnstances under which the Applicant may reapply, (h) Explanation of the information ordocument4ition nvedlecl for the Applicant to reapply; ( 1), Narne, phone number, and address applicable to, the appeal process; and 1j) N U ru-ber of days the. Applic i pit hies to file t h e a ppc a 1. (6) At a rirkinirnurn, SiibrecipierrCs appoaK process, mutest provide an opportunity for an Ajapfixara or Client to, file a written appeal or cornplaidit, with Subrecipient's Program Supervisor within ten (10) working days of receipt of the written Notice of Denial; and Appoali: (a) Upon receipt of a validly filed appeal or complaint, Subrecipierit shall respond in writing within ten � 101, wo rk i rig da ys, (b) The Applicant or Client may appeal Subrecipient's first response by filing its objections to the response with, Subrecip4ent's, Director, Executive Director or Board Chair, as applicable, within five 15), working days of receipt of the first response. (c) Upon receipt of a validly filed Objection to thufirst, reSP01150, SLjbreclfrient shall respond in writin 11 11 g within teri (10) working days, and the resporme rnwst clearly state lfir! firial outcorne, of 1he appeal, that the decision is final, aand, if, applirable, the circumstances under which the Applicant or Client May r(--,!-apply for services. Subrecipient shall make payments to energy vendors on behalf of ehgIble Applicants with the "hrghqe5t home, energy needs and lowest household income," which will, be deterriiined by taking ivito account both the errergy burden and the unklue situatlori of such Applicants that results front having, members of vulnerable populations, including very young children, the disabled, aridfrail older individuals, (8), Subreciprent shall enter iritr t Meniatan,duni of Unders tandirig (MOU) with all Weatherization Nm.-J,stance Prograrris (WAP) in its service area, The MOU will detail cooperative efforts and shall describe the actions, that will be taken by both, parties W assure coordination, partnership, and referrals. The Subrecipient shall (eviewarid, rer-jew the MOU at least every five years, Subreciplent, in coordination with the local WAP agency, shall develop a systern by which 'LIHEAP Clients who have received, more than three �3) LIHEAP, benefits in the last eighteen (18) rnorijlh�j and who are horneowners, ire-, referred to the WAR providev Subrecipient shall' maintain records sufficient to document referrals �9) Subre.cipient shall enter, frito, an MOU'with service area Emergency Horne Energy Assistance for the E I de r I V Program (E H E A P) providers, The MOO will erasure roo rd i n at io n of services, avo 1 d du plica it io n of assistance, and increase the quality of services provided to elderly participants. I lie Subre6pjent shall review andi renew the MOU at least every five (5) years,'I'he MOU will detail hove LIFIE',IAP and EHEAP records Ifor households with elderly members) will be checked to avoid dlupl'icate Crisis assistance payments during the same season. Subreopient shall, rnaintain, records suffident to document coordination. (10) Subreciipients serving multi-countyareas shall provicle DE O with a description of how direct client assistance funds will, be allocated antong thecounties. she allocafion rriethodolo-gy must be, based at least in part or! the 150% 04 poverty population within each of the counties served. This information must be reported in Subrecippent's Multi -County Fund Distribution Form.. Page 30 of 59 011ruSign �nvelulrp ID; L120EFF73-84C54R46-A579-F-4BEE74F4139 Docu&gn Emoelopa ID: 92,10(EFF � 3ANG64 1?46-A571-EOBEE 14F 4139 (11) Subred plent shall agree to treat owne,rs and renters equitably kinder the Agreement. (12) Subrecipient shall not char Apphuant5 a fee or accept; donations from an Applicant to provide Llf-JEAP bimMits. Subrecipient shall post the, following statements in a prominent place visible. to, all Appllcants and ClieA15_ "No money, co-sh or checks, wd) be requested or "ceptedfrom AppiCicants or !rents fear VHFAPserviices of any kind I/an emptoyee asks fray money, reporl, this,, to the agerrry Executive Director or Departmenrder od-' (13) Subrecipient shall have a physk;al location and operate during hours available to Applicants and in accordance, with the days and times as stated in section B. (1) of this Attachtnent- (14), Subrecipient shall refund to DEO, with non-federail funds, all funds incorrectly paid oil behalf of Clients that c a nnot be co I I ecte d from t h e 0 ie n C (15) S u brecipi ent shales have appropriate staf f a tt end training se ss i oovs sr h ed W e d by DE O to c ove r, LI H F AP policies and procedures, 1.6) 5ubrecipient shall furnish training for all staffn.iernbers assigned responsibilities within tile 1ptograrm. (17) Su b,r e ip i (?.nt shall be in a position to a cce pt a p pi ic ano n 5 after exe c utio n of this Abj t eerrient and adequate funding is provided, Subrecipient shall continue taking applications until this Agreement expires or funds are exhausted, whichever comes first, (18l) Subrecipient shall comply with the Federal Financial Accountabillity and Trarisparency Act ffATA), this includes securing a Dun and Bradstreet Nunibering, Systom (DUNS.) riumber (wVV%jv dnb,com) and maintaining an active and current profile in the System for Award Management (SAM) (19) Subrecipient shall publish and publicize its local outreach office telephonv, number, as well as the days and tirries the outreach office is, open if applicable for the area served, Subrecipient shall have a toll ,fre -v telephone number, F. CLIENT SERVICESAND BENEFITS (if Skibrecrpient shall provide UHLAP Honie Energy Assistance benefits based on, the state -provided LIHEAP Payment Matrix. The 4enefiftamount 15 bawdl an the househoslid'sincome le.vell ascompared to I he Witional Poverty Guidelines, (2) "ll"he following maximun'i benefits will be available to elif,;Ve Applicants: (a� One f1jnon-crisis Hlorne fineqgy Benefit per twelve (12) i-i'lonth period, (b) One (1} surnnier energyrelated Crisis Assjstan(e beriefil; between ApriJ I and September 30 co ch yearn- a ri d (c) One f 1) winter energy -related Crisis, Assistance trenef it between Octobur I and March 31 each year, (3) Rased on local need for L11HEAP services and other non-LIHEAP ertergy assistance ri,50urce5 in its service area, Subrecipient may limit Crisis A5sisUll-ict, benefits to less than those stated in section, K (2), of this Attachment, but not less than one (1), Crisis Assistance benefit per year, (4) Subrecipient shall' determine the correct amount of each Crisis Assistance benefit based on the min,irrium neicess�iry to resolve the crisis, but not more than the MaXIMUM set by DEO, DED will inform the Subreciplent of the maxinnum crisis be nefit prior to, the bep i ri n ing of e ac h p r ogr a rn ye a r. (5) When the Appkcant is on a crisis situation the SUbreciplent shall take one, or more Higible Actions that will resolve the onl,ergonq, within eighteen (18), hours of Application Rec,,Opt for, a life threatening situation or forty-eight (48) hours, of Application Receipt for a rton-life threatening situation, using a Crisis Assistance benefit and documentprig the Clicnt file with which Eligible Action Was used Page 31 of S9 Docu-Sign Enyelope U; 820EFF73-B4,C5-4B4-A579-EO�6,EE74F4139 DocuSign Envelope ID, L120E-FF73-84Cfk-4B4,6-A5-,?'OE08f-.E74F4139 16) for all approved applications, Subreciplerit shall ri-(Ae pavai,ents to vendors on behalf of approved A pp4cants no more than forty-five (45) caletidardays fro ru the Application Date. (7) Subrecipient shall., within fifteen (15) workinig days of lfie AppiKation Date, furnishit writing to each approved Applicant a Notice of Approval and Appeals which includev, �o) Type and amount of assistance: (b) Name of the energy vendor to be paid on the Client's behalf.. (o The next date when the Gient will Jae eligible to apply for further assistance; and (0) SubrecipientsAppeal policy, (8) For Crisis Assystance Appiticants, Sr brecipient shall compare W41 , AP records and EHEAP records for households with elderly members to, avoid duplicate Crisis, assistance payments during the saroe eligibility period and maintain, documentation sufficient to ensure cornpliance with This requirement, 19) An p! ic a n P e l4g i bi 1 It y sh a I I be teased 0 n t h e following f a cto rs,: as ) 5tibreciprent may only assist Applicants WhD are, gar w(,rr,,, rvFlding in its LIJAW service area at the time the horne energy costs were incurred, (b) The Applicant must i7onriplete ari application and return all required infori-nation and verification to Subrecipient or subcontractor. (c) The Applicant must provide, a utility, or fuel, bill verifying air obligation, to pay horse errergy costs.. (d) The APPI icarit rousl have a total gross household incorr-re of not more than 150% of the current OMB federal povwty level for their housuhold'size, (e), To receive a, Crisis Assistance benefit, than Applicant must meet the requirerrionts of having, a verif rable 11oiTw Energy Chisisas, this term is defined in section D. (9)ref this Attachment. (fj If the Applicant lives in government subsid4ed hOU'Sing, Subrecipient shall determine if all or part of AppllicanV5 utility costs are paild directly Or indirectly by the government and then take the following appropriate action. (j) Sobredpiont shall riot provide assistance to an Applicara if Applicant's home heating and cooling costs are totally Included in Applicant's rent and Applicant has no obligation to pay any portion of t li e crests, (A) F o r Cri).sis, As S is,ta nce 0 n I / If t h e App I rc a nt receives a n energy subsidy through Svc, t io n 8 or a Public Housing Authority, then Subrecipient shall subtract the amount Of the SLAbsidy available to the Applicant du6ng the period covered by the utility bill from the allowable LIHEAP cfkk, benefit calculited for the household. (iii) LqLU2qjg ijeLgy , n ly,: If titility costs are not paid directly or indirectly by a _I �_ _&iU5tg _gx� On government entity, the Applicant is efigible fora Home liner AssAstarice benefit with no deductions at the same laved as other Appl i ca rit s- g)The Applicant must riot res,lde in a p, rou p living facility or a home w h e re I h e cos,( of resid e n cy is at least partially paid through, arty foster care or residential program administered by the state, (h) The Applicant rnust riot be a student living in a dorrnitory,. 00)Calrulaficin of income eligibility; (a� Use the past 30 days earnings for.all occupants oaf he household annualized, or the App,111cant's Most current economic situation, whichever is lower, Page 32 of 59 DowSign Envelope 10: 820EFF73-64C5-4B46-A579-EO(B,EE74F4$39 Qr,joijiqn Fnvelape 10- J320EFF73-W5-4 B46-A679-EO6EE14,F 4 130 (b) Rieference the current year Sources. of A,Row�-jblv Income to determine what is and is not considered as, allowable incoraje. (c) Total household income cannot exceed Rhe 150% poverty level as scat I:orth in the Poverty Inconie Guideliries, 1d) if an Applicant cannot document household income and does riot receive food stamps, the Subreciplent shall accept a signed self-cle , ratian rfa I of income statement that adequajely explains exceptionat, din:urnstances and gives the amount of the Applicant's joco me, (e) Na household may be excluded solely on the basis of income if the hoasel,iolcf income is Jir!s.5 than 11,0% of the poverty level. ilt Subre,cipient shall maintain inforniation in a file for each I-IHEAP Client, that inchicles at feast the following information,. 11 Client's name, address, sex, and age, and customer name on utility account (if not the Chent); Mirries, ages, aiid current udenfificafion doctinientotion (no more than one year expired) of all 1) ou, gliold at cfnbe r s; 13) Social Security iplumbers and documentation ofsuch numbefs for all household imernbprs or the citation to the applicable exeraptign, (4) SIgnet], Notice Regarding Collection of Social Security Nunibers; (5) Income amount and method of verifitation for all houwhoId meryribors; (6) 1 a come d o cu roe nta t i o n to ;up par t eh o4i I i t, y.- f 7) Si ned statement of s e I f - dec la r it io n of i n c omoe, if a p p,l i c a b I e, Signed sta t e rne nt. of h oA- basic I i V i ng expe rv,"'es, stic h a s food, s, lie It e r, sand t r a n.5 par t a I ron a re b ei ng provided if the total hou.5ehold incorae 15 le,r%S . � tjjajqj 50,11� of the current Federal Poverty Guidelines and no one In t h e, li ou so h old ls r e ceiry i rig S,NA P as s is,,, ta n cj,-,;; �9) C op i e s of ap prova. I or denial (letters, inc lad i otg appeal procedures, provided to t lie C I i e nt, (10)Documentati,on of, disability income or physician's statement if preference or additional benefit provided due to i chsability; (11)Documentation of ClIent's,obligation to, pay the ever gy,blIH for the residence in whii,47-h Client resides; (12)Signed Authorisation for Release of General and/or Confidential Infornizttion lor LIHEO Data, or notation that the Client: did not sign the waiver, (13)'Utility AcCOUnt Number; 14fif LIHEAP prievented di,5,corinection or restored an energy disruiptJori; and f,!S)A signed ILIHEAP application with signatures of the Aplahcant, Subredlipterit's representative, and supervisory staff: f. MHORTIRIffiff WOM, =qw (1) Unless special cli-cunistances exist which permit, Subrecipient to raake a payment in the forra (if a two-party check made payable to the Client and, the energy vendor, Subrecipient shall negotiate and maintain written agreements (,the "Vendor Agreement') with energy vendors which must at a roinimunri include: (a) The be .in in and endi fig d a te of t h e Vendor Agree rneat. M The na min e a n d/o r title of key contact staff with both t h 0 Sub r e c (pi ent and v n e rg V vendor w I'm are authorized to resolve a crisis situation and make a paynivrit coo atnitment on behalf of a Client., MMMMIM DocuSign Envelope l0i- 820EFF73-B4,C5-4B46-A579-EGBEE74F4139 Boar gin Envelope 10., 920EF7F7-94C5-Af14Pa-A57'0-LBiBEE74F413'9 (c) A de st ri pt On of how S u bf ec i pien It shall make energy payments d I recfly to th e energy ve q d o r an behalf of LIHEAP Clients. $cl) Assurances from the energy vendor that rio household receiving LIHEAP assistance will be treated adversely by the ertergy vertdor because of such assistance under applicible provisions of state. I'a w or pub 1 ic regul-a to ry reci kA re in errt s. (e) Assurances from the energy vendor that it will out discrminate, either in the cost of goods. supplied or the service% provided, against the eligible household cin whos(­,- behiiff'paymeni:5 are made, (f) A staternent thatonly energy related elerneirts of a utility bill are to be paid, No water or sewajge, charges Prray be paid except if required by I be encjrgy vendor to resolve ve the crisis a nd -no rather resources to pay that portion of the hill can be, secured by the Client or Subrecipient- A statement that Subrecipient may not pay for charges that f e%ult frorn illegal activities Such as a bad check or rneter, tarnpering, A skoternent that the energy vendor is aware that those charges are the, responsibility of the Chem. (h) A statement that the energy vendor is, aware that when the benefit arnount does not pay for the complete charges owed by i Chent, The Cent is responsible for paying the fornaining amount owed, (I) Details on how, the energy vendor will assist Subrecipient in verifying the LIHEAP, Client's account inforriiiation and, in the ease ref Crisis asi",qanee, make timely commitments to resolve the crisisprocess should be in place to verify the current arriount owed! and the arriount necessary to resolve the crisis situation jji Subrecipient's comrpritment to make payment to the energy vendor no more than forty-five (45) calendar days frorn the AppilicatJoin Date. (k) A statement that the energy vendor Is aware that if, LIHEAP payrnents made to the energy vendor c a n not be applied to the Clie n t's acco u fit, the funds w 1 fl, be returned to 5 ub r ec i pie nt air, with Subrecipient's approval, applied toancither eligible Client's account, 12) !if the energy vendor will participate in the Annual Perfofmance Measure Data Coll'ecfioni, the Vend -or Agreement Oall also contain; (a) An assurance that the SubrPcipient shall collect signed Authorization for Release of General ind/or Confidential information for Llfi[EAP Data from eligible Applicants whio Choose to allow their data to be collected as part of the annual perforrTrance measures and, ensure the signed re -leases are available for inspection by the energy vendor. ti) An assurance that the energy vendor is aware. that as long as signed Authorizations for release of Coe n e ra I and/or Co n f ide nt.1 a 1, 1 n fo r I'll a t IOTI f a r, 11 HE A P Data are co I [ecte d a n d ava fla b [,e,, l: 11 e energy vendor will provide the requested customer data to DE10, (3) the energy vendor must be In "active" status with the State of Florida, and the energy vendor's name must be checked on SUMS at https:j/www,sam,gov, The narne on the Vendor Agreeniimrrt rriust match tho legal busiriess mare on the. State cif' Florida we bsite- Mu ri 16 pa I p rev I die, rs are exc I Li d ed from this req ui reme n L. (4) 1 he V e, n do,r Agreernefl t must be reviewed! wed by both parties at le as t every f W e (5) years, (5) 1 lie, Vendo r Agreement ri,wist, be s ig n e d by up per 1 eve I rna ria go m e n t of bet this Su b red p,l ent avid t h e, energy vertclor authorizvd to ori,ter irito skrch, commitments, Subrecipliprit shall subrnit the following reports to CEO as, specified! below. EMEBW DocuSign Ens ekope 10: B20F:FP73-8A,C5-48413-M79-�:Q,(3M74r4l39 DocuSigri Elrywrilape 10: 132GEF F71-54C5A940-A579-EGBE E74,F4,1 �9 �1) 11115 Form 990: 'Su bre,cipients that are below, the $750,000 threshold for all Federal awards 1n, its fiscal year, are non-profit entities, and exempt from the Federal Single audit Act requirements, shall subirnit with its Agreement proposal a copy of its most recent 11115 Form 9,90, (2) LIHEAP Annual Household Report SUbrecipient shall compr[ete and submit, the LlIdEAP Annual Household Report on an annual basis, Subrecipient, shall be notified in writirif 0 c 'I f th � du u date and suhtnission requirements. (3) LI.H.APAnnu.a.1 Performance MeasurgcompleteRe oft: Subrecipient shall complete and submit ttle LIHEAP , R_ Annual performance MeaS,Ures Report on an annual basis. Subrecipient shall be notified in writimip of, the due date and submission requirements. N3 0 Cri roUff .9 WIT-4 NOW & Subrecipient f,,hal'l submit to DED the L.IHEAP Monthly Financial Activity no later than the twenty, First day of each nionth following the end of the reporting month in which funds, were expended, SUbrecipient shall subn,irt the Financial Activity regardless of whother funds were expended. DFO wil,l make its determination whether to reiimburse Subrecipient's costs based on Subrecip4ent's soccessful completion of deliverables., as evidenced by information contained iri and submittedi with the Financial Activity, Canty with prior approval by DEO, will more than orie reirriburserrrent be processed for any calendar month. The Monthly Financial Activity must be submifted in DEO's, current Oputronn: financial rnanagOnAeAt system and a signed copy se binitted via, facsimile or electronic mall by the due date, M the event the twenty-first day of the rrronth falls on a weekend day czar ho 11 d'a $e, the Nlo n t h [V F I na nt, i a I Activity shall be d U C' on t 1-i v meant bus ine s s day. (a) Each Monthly Financial Activity shall, contain the following inforrnation, at a i'ninirnuin: (i) uilitxp,(ndittAresth�itocciArr(!dduriiigthr,reporting, rliorl,tt�u, (ji) the amount of reimbursement requested, and (iii) the number of clients served, b) An, authorized signatory shall sign, date,, wid, atte.stto, the veracity of each Monthly Financial activity. Subrecipient's submission of a signed and corripteted Monthly Financial Activity is Subrecipientos acknowledgement and certification that A expenditureslisted thereim, arc! reasonable, necessary, allowable, and allocaWe; were, expended in accordance with the, ternis and conditions of this Al",ireerrien't as we,11 as all �ipphtahlo fridvuir, state, and local laws, rell,u I at I o ns. a n d written guidance; and have been r eco incif ed with S U pip o r-b ng documentation by Subrecipient.,which is readily available to Recipient upon request, (c) DEO shall review ea(h Monthly 1inaridal Activity for compliance with the requirements is stated in this Attachment of this Agreement, 8, Subrecipient shall submit the Monthty Client Services Report, via the current online client tracking and reporting system to DE O no later than the twenty-first day of each rnoritl-r following the end of the reporting month in which clients were served- Subreciplent shall provide, a written response, to, DEO for all morrito,fing report findings or, carr(erns no later than thirty-fivo (35) calendar days from the date of the original monitoring report. DE O shall notify SUbrencipient of the due date for my subsequent monitoring report responses as rnay be required, If the Page 35 of 59 DocuSign Envelope ID- 820E.FF7a-B4G5-4B46-A579-EOBE-C-74F-4139 Docu&gn Envelope PD: 920EFF ?a-84C 544346, A570 - ECIBEE 74 F4139 thirty-fifth day falls on a week endi day or holiday, the rc,,sponve toi the original report 0161 I I be duo on the, next business day. Sobireciplent may rinluesa an extenslon in writiing for DEO's review and approval- D. COST AILLOCATWN PLAN PLsr titfe 45 CTR, � 75,405, Subrecipient Is required to have written financial ruaniginrrient systen15 proce dures for determining the reasoi)ab,levic�ss,,a;llocabil!ity, and allowabil'ity of oasts, in accordance with the provisions of the cost principfes and terrrm and conditions of the award. To docurnent. thl,�, Sularecipient must submit a copy of its written Cost Allocation Pia n to DEO with this Agree rnent, E. IN DID CT COST RATE PROPO SAI Subrecipients, of federal awards are required to have an approved, federally recognized indirect cost rate negatiated between such SHbrecipients, and the Federate Government. if no such rate exists, then 5ribrc,,cipient shall have either a rate negotiated with DEO (In coryiphaoce with 45 C.F.R. Part 75), or a de min�mis indirect costrate as set forth in 45 C.F.R. §75.4141f). Stibreciplent shall submit its current Indirect Cost Rate Proposal to DEO with this Agreement, if Subreci,pient, chooses to rase the de ioinimis rate, Su brvc i pi ent shall m a ke suave it is 1 egally entitled to, Lase that rate and i n c lud e a st ate rn e nl to D E0 to that Ofect with thisexecuted Agreernent, SLJbreCij)iBrut jS not oblip sta Ih an s i dir ,at ed to e b i , n ect cost rate if Subrecipient does not charge iirirfiruct costs. F. OTHER REPORTS Upon, reasonable notice, Subrecipient shall provide such additional program updates, reports, and information as rnav be required by DFO, includingsupporting or source documentation for ally reports identif4M above in thi% Attachment. G, CLOSE-OUT REPORT The L01EAP Close -Out Repoi t is due forty-five calendar days after termination of the Agreement or forty- five' cakmflur days after completion of the ictivities contained in the Agreernent, whichever occurs first, If tho forty-fifth calendar day falfs on a week(mcl rfaV or ,holiday, the Clow - Out Report shall be due-, on the's ne'-XI biusjn�ess dlay. Su breciplent shall Suhrnit originw)l signed documu-nis, to DEO that include, at a rr6ninlurn' the close-out Cover $h(,tA, the LIHEAP Fina) Financial. Status Report, property invenlory and accrual roport, report on mterest bea,ring KCGIAnts, a refund chock for any unspent funds, if applicable, nand' a refund check for any interest earnodon advances, if applicable. H. SUBMISSION unless oitterwise noted, rtz)ports shall tic, subrrutted to Subreciplent's designated Contract Manager as assigned by DEO and delivered by standard rnait or electronic nrad using the contact information p "ded in Paragraph 15 of this Agreement, rom , P�' A, INCORPORATION OF LAWS, RULES, REGULATIONS, AND POLICIES The appficaWe docurnenti governing, service provision mgUlaliom, are in the Low -inconw, Home Energy Assistance Act of 1981 jTitle XXVI of t1iv Ornnibus Budget Reconciliation Art, of 1981, Public taw97-35), as aMended, and the "Uniform Administrative Requiren'kent.5, Cost Principles and Audit ReqUirennents fear HH,5,Acards 45 C.F-R., Park 75' (heeteinafter refern edto as the'Uniform Guidance"), ffth,i5Agreement rsrnadwith a cornmercial (for.=Firofit) orgarnization on a cost-reinibUr5onnerill' basis, Subrecipient shill be Subject to Fedeufl Acquisitibn Regulations 48 C.F.R. 31,2, Executive Order 1,2549, Debarment and Suspension from Eligibility for Financial AmMance (Non procureroent) and the following fedieral Department of Healfl'i and Hurnin Services regulations codifivell in Title 45 of the Code of federa! Regulations, are also applicable, under this Agreerrient= (1) Part 16 — Procedures of the Departmental Grant Appeals Boarcl; 12) Part K — Claims Collection, 131, Part 80 — Nondiscrimination under prograrnis receiving Federal assistance., through the Department of Health and Human Services, Effectuation of Title V1 of the Civil Rights Act of 19,64,; Page 36 of 59 DracuSign Erruelope CCU: 820E-F'P73-B4C64g4,$-M7R-EQBEe74F4139 DocroSign U,,nvelope R)8ZOEFF73-B4C5,,484,r3.A5?iJ.EOBE-.E,?41=4139 (4) P art 8 1 — Practice aced pcoc e d tA re for hearings under Fa r t 80 o f this Title; (5) Part 84 — Nondiscrirnination on the basis of handicap in prograrn.5 and activities receiving Federal financial assistant(,,,- (6) Part 86 — Nondiscrimination on the, basis of sex in education programs and activities receiving Federal financial assistance' (1) Part 8 7 — E., qual Treatment for Faith Based Organizations, (8) Part 91 — Nondjscrirnirimeon on thE, basis of age in prograrr", or activities recOving Federal Financial Assistance front HHS; (9) Rart 93 — New restrictions on lobbying,- (10)Part 96 ­ Block Grants-, and (11),Part 100 — folergoverrioneritalReview of Department of Health and Hurnan Services Prograrns and activiltIC5. S. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY As required by $ectron S08 of Publec Law 103-333, when issuing statements, press releases,, requests for, proposals, bid solicitations, and other docunrients describing , projects or progrants funded in whole of in part with Federal money, all Subreripioats receiving Federal funds, including but not limited to State and local goverprilleinks and Subreciplents of Federal research grants, shall clearly state, (1), the percentage of the total costs of the prograrn or Project which will be financed with Federal money, 12) the dollar aimount of Federal funds for the protect of, prograni, and f 3) the percentage arid dollac, arnount ofthe total costs of the project or prop I rim that will be financed by nongovernmental snurces. C. INTEREST FROM CASH ADVANCES Subrecipients shall invest cash advances in cornpliance with 45 C.rA_ § 75,305, Payment, para,graphi (b) (8), D. PROGRAM INCOME Pursu,int to 2 C.F.R. § 200.307and 200.80, Subrecipient may apply net program incorrie, after costs incident: to the generation of gross program income are deducted, excluding ii-itecost incor-rie, torneet matching rerun err or rnay reprogr ain it for v4.g,ible pfofffacl activities. The arnount of program income icome and its disposition must be reported to DEO at: the Larne of subrnrssion of the final close-cicit report, Expenditure of program incorne balances at Agreerrientend must be approvedl by DFCE_ BONDING 1) Non -Profit Q,Eganizatio,ns; Subreopient shall purchase a blanket fidelity boric] covering zill officers, employees and N?,,ents of Skjbrv�(Jpicnt holding a position of trust and authorized to handle funds received or disbursed tinder this Agreement, individual bonds apart from the blanket bond are, riot acceptable, T he amount of the band recast Cover each o ff it e r, e m p In yee ,and agnn t up to an a rn ou n t equal to at k"ast one-haff of the total UHEAP agreement account. Subreciplent shall subrinit, documentation prior to execution of this Agreement, (2) Local Governrrients: Subrecipierit shall Purchase a fidelity bond in arcordance with section 1 !3,0 7, KS. 7he fidelity bond must cover all officers,employees and agents of Subreopient h,oldlrqp a position of trust and authorized to handle fund's received or cbsbursed under this Agre.ement.. Subreci,pient shall'SLAbrrflt doicurvientation prior to, oxrlcut ion of this Agreeerrtq,��rit. Pap 37,o.f 59 DocuSign Envel4a 10: 82,DEFF73�4C6-4a46-A579EOBF-E74F4189 clocuSign Etwelope 10 820EFF73,B405-4846-&579t.EOBEE74F4139 (I) DFO Orall corroluct a full Onsite review of Subrecipient at least once during each three-"ar period, Subrecip,rentshall allow DEO tocarry out monitoring, evaluation and technical assistance, Ond shall ensure the cooperation of its employees, and of any subcontractors with whom Subreciplent to ntracts to ta r ry o u I p rogro m a ai vit ie s. (2) OEO shall provide triining and techrikal assistance, within the limits of staff time and budget availability,upon request by Subrecipilent or deterrnination by DEO of, Suibrecipient need, (3) OLO shall conduct foll,ow-up reviews ii.rcluding prompt return visits to Subrecipients, that fa4 to meet the goals, standards, and requirements established by the State and federal funding agency. (1) Subrecipient shall budget, a minirnum of twenty five percent (25%) of the total Airreernent furift for Horne Energy Assistance, (2) Subretiplent shall budget a minirnurri of two percent (2%) of the total NFA funds, awarded for a program year for Weather Rehited/Supply Shortage emergc.!r-icy asslstztncc`, These funds nrU1.0 be hold in they Weat her Related/Supply Shortage bucfgxet line jwrri caegory for each NfA until t he end of the corresponding prop ',rarn year, for use in rvsp*nse to a pom,ible disaster, 'Th,ese funds will only be used during state or federal emergencies declared officail ,ly by Ori(-, President, Thv Govetnof, or, the Executive Director of DM in the event of an einereenty beinp,off ir: iiifly decia r e d, if 5 kAb re c i p ic nt or DFO firicjs that two perrent (2,%) of the Weather Related/Supply Shortage ernergency assisuance budget is not sufficient to rncet the emergency, Subrecipiient may draw from other budgeted hne items, up to fifty percent (50%) of the total NFA budget, Without additional written authorization. When funds are distfilbuted for a weather-related/supply shortage emergency, DEO will provide binding directives as to the 11lowable exp,cmdlturea (if tire* hinds, Af tei, the end of the progPra-i'n year, if no emergency has been clecla red, DEO will release, the corres,pond'o"Ing SEA furids and Subr(-!6piV,'nt %-vill allocate these furids to the crisis or horne (,.nergy budget line itern. Subrecipient, shall comply wraith t h(� %e! directive- or agree t hzkt these funds w i I [ rerria i n with 1) 10, 13) 1 n addition to the r e co r d ke e pi n g, pri bl i c r v. c o. rds, marl audit requ i r e rn en ts contained i rt Para g ri'tp hs 9 and 19of this Agreerrient, the books, records, and documents required tinder this Agreenneni. rr-tost olw, be available for copying and mechanical reproduction on or off the pre raises of Subrecipient (4) If ihe U,5, Department of Health and Hu(nAn Services initiates a hearing re.garding the expenditure of funds, provided under thrs Agreernent, Subrecipient shall cooperate with, and upon DEO's written request, participate with DEO, in The hearing, $5) Stibrecipient shall maintain records sufficient to aHow DEO to deterrriine compliance with the. recluirernents and objectives of Attachment A aired all, other appl'icable lJaws and regulations, 4. LIHEAP ASSURANCES Subrecipient hereby assures and certifies as 4 condition of receipt of L1144VAP funds., that it, and its Subcontractors, skull comply with the applicable requirements of federal and State llaws, rules, regulations, and guidelines- As part of its acceptance anti use of Ll HEAP funds, 5ulorecipient assures and certifies that: k SUbff'Xdpient possesses the legal authority to administer the program as approved by Subrecipient's governing body, includingall assurances (ontained herein, B- Subrecipient possesses the sound controls arrd fund accounting, procedures necessary to adequotOy safeguard the assets of DEO, check tfle aCcuiraCy and inabilityrof accolunting data, promote operating efficiency and maintain, compliance with prescribed frianager-flent polities of OM C, Subre6pient will peri-nit, and cooperate with Federal and State investigations ifesigned to evaluate comphance with the law, ZMEMM DocuSign EnvEtope ID: 820EFF73.,,B4C64B46-A579-EfO-BEE74F4!39 DOW;SIgil Envelope ED. 820EFF73-84,C6-4B4,B-AB7)-EOBEE74F413g 0, Su,brucipiprit wilt give NO, tho Auditor General, or any authorized representatives, completeaccess, to eximine all records, books, papers or documents related to all program operations of the grant, including those of any subcontractor, L Subrecipient will comply with alli of the provisions and practices ootlined in DEO's moa current Pro rare Monitoring Field Manual. F, Subre6pierit will comply with non-discrinninatiorh provispons, in accordance with Florida Statutes,- Secti,on, 677 of P L 97.35; Titles VI and VII of the Civil Rights Act. of 19641- and 45 C,F-R. Parts 84, 9G, and 90. G. Subre6pient will comply with section 2609 of Public Lava 97-3S, as arnerided, which prohibits. use of LIHEAP funds for purchase or improvement of land, or the puirchase, construction, or permanent improvement of any building or other facHity 11, Thi's aveernent and all its allachrnenI5; are true, and correct, 1. Subrecipiern: will prohibi,t arty political activities in accordance with Section 679F(b) of 42 USC 9918, as Amended. J, Ad m ii n ist rat i o n, of this p ro p, ra, m has been approved by S U ore cip i e in t's gave on i n g body by o f f i C i a I axti 0 n, and the off icer who signs it is duly authorized to sign this Agreement. K. Subrecipient Ora 11 CUrnply With Titl'v X, Part C of Publli� taw 103-22 r, Environmental Tobacco Smoke, also known as the Pro -Children Act of 19,94 (Act), This Act requires that snnoking not bre pertnitted in any portion of any indoor facility owned or [eased w contracted for by an entity and used routinely or regularlv for the provision of hvolth, day (are, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through States or local, governmufft. Federal prop ,rarns include V ,rants, cooperative ageeerraent5, loans or lozin guarantees, and contracts. The law does not apply to children '5 services provIded in private residences, facilitles funded solely by Medicare or Medicaid funds, and portions Of facilities Used for inpatient drug and alcohol treati-nent. Su brec i pi ent, shall include th e gab sae 11a ng a ,uage in, any subawards whIch cont in provisions for Children's services And that all subcoritr4actor5 shall certify compliance accordingly, failure to comply with the provi5ion5of this law mayresult in the imposition of a0vil monetary periallyof up to $1,000 per chly. Subre.ciplent certifies that it, will or wil[ continue to provide a drup-fum, workplace as set forth by the reg,ulations irnplernenting -vgTrev Workplace Act of 1988: 45 0"M, art 16, subpart F, Sections ,,,: the Df In 76-630(c) and (d)Q), Frid'ofAttochment A Pape " of 59 DocuSign Envelope ID, 820CFF73-B4t,54,1346-A570-FA,BET=74,r4l39 DocuSign Envelbpe, 10,820E 17F 7 3.84 C5,,4B4 q-A5'M-E0BEE,?4 F4139 ATTACHMENT A-2 1, GENERAL POLICY Subrecipient shoall comply with the following Tequirement,,,,, and if applicabk,n, ensure all, contracisrequire compliance with 1111C following MILAi rerrivents,, In carrying, out this Agreement, Subre.,cipient shall provide all necessa ry personnel, rnaterja!5, servirl"A and facilities, except as, otherwise provided herein, to carry out the pro rams. Subrecrpient shall designate an individual, referred to by DEC iiis the WAP Coordinator, wl-rD wil I be res pofi, i b le I o r e ns u ring 't hat the I ol I ow i ng a ct iv 1 t I kas a r e adhered to; A. 11clentify And solicit eligible low-income residents within Subrecipient's identified service area who have the need end des - ire for energy conserval ion assistance. Subrecipient shall make the services provided for under this., Agireenient available to all eligible clients in the counties it, serves, subject to the availability of funds. B. Subreopient shad provide weatherization "wirvices at an annual adjusted average expenditure Unlit per unit fear labor, weatherization materials and related rnatters, as issued annually by DOE. This per dwelling amount does not include the Health And Safety annualadjusted Average expenditure limit that may also be expended. DEOwill Audit the rates prior to clowout to ensure the Grantee does not exceed the annual adjusted average expenditUre limit, C. Subrecipient shall weatherize dwellpngs in such a manner that wills provide continuous servirce frorn the, con mencenient date to the kermination data, of the Agreem unt All countief, must be served with, the allocated dollar amounts listed in the NF�A Attachment, Budget Summary and County Allocation. All funds must be spent tiwiely, in, proportion to the progression of, rrionth5 throughout the term, of this Agreernent and in accordante witl-t NFA Attac,himents. if, in DEO's sole determination, funds are, not being spent at a proper expenditure rate, or a county is being underserved, DEO has the right, but not the o Migatio n, upon 30 ca lerida r days w ritte n notice to Sub rec iple fit, to reduce Ski b rec i pi e n t's su bawa rd and reallocate any or alp of the �jub awarded funds to one or more alternative weatherization providers, DE O's e xe rc ise of this remedy wi 11 not Limit it, army of D EO's, other available re m e d ie, s as detailed in seat an (14), Remedies, of kNs Agreement, or at law or in equity, D. Subirecipient shall provido DEO with, dockarnentatikin an,d reports. as required by this Afreement, including, but not limited to, budget balances, as well as any other information related to this project, or as may otherwise be specified by DEO. E. Subreciprent shall coropl0e work on all dwellings in accordance with the Field Guides, the WAP Procedures Manual, any Supporting Weatherizaton, Prograrn Noulces, aridany supplernental COLD and IC guldekines, unless Subrecipient secures writtert prerr-nission from DEO otherwise, F, The health arid safety of the clients, Subrecipient's staff, contractors, and the integrity of the buiillding structure shall not be, compromised by any work comp[eted with weatherization funds- G. Subrecipient shall ensure that all, installed weatlivrization rinaterials, meet the materials standards taken from Appendix A V 10 CJ'R part 440, be of good quality, and be installed in a safe, cast effective martner, H. Work and materials not meeting rluafityvxpectation5, as determined by DEC with reference. to 10 CYM- part 440 and, the WAP Procedures MarkUzil, may subject Subrecipient to written findings. Subrecipient may be, required by, DEO to, perform re -inspections or "go -barks" ork any work performed by Subrecipient or its contractors which does not meet quality expectations, in DEC's sole discretion, and for which DEO, has issued a finding, the, co,sts incurred for any work performed by Subrecipient or its contractors which does not meet quallity expectations, in DEO*s sole discretion, and for which DEO has issued a finding may be, disal1low,erf by DEO, Page 4.0 of 513 DocuSign Envelope ID, B2,OEFF71-dadC,5-484i3-A57�l-EDBEE74441�9 DocuSiggi Eruvolope ID: 820fFF73,-BAC5,4846;�A,579,�EaB.�E74F41 �q A. FILE DOCUMENTATION RESPONSIDJUTIES Each Client file shafl contain the foliow[nE documentation: 40 Client intake fo�rrn aw Client income docurnentatLon (for past r,.volve, months� Docurneritalion of ownership or, signed Landlord Agreenrent Form 0 Social Security Docurnffritation iif applirabe) 0 Copy of Oerlt Phota I'D 0 Corjv of client utility bill 0 Cirent Selection (Priorftyi Criteria rw rn • Copy of Comptaint Appeal Procci. du re 5 F or in sl gru� d sand dated by d4!,rit • Inspection/Aladit Data and Flesults • P re %N or k 0 rde r AgT (�, cl ni qtn k, • Building Work Report • Copy of b4d package(s), invoices, rer p,ayment vouche"rs Pro-19?8 dwelfings - Certific,,d Reonowator Ocruumaentation tar Clea f a nc e Te stin g & Copies of any approvad waivers Copies of applirable Pre aod hna',, Peirnits C Ike n t P jiv, Checklist RED Calculator printouts 0 Re fi i get a tor M v t erl n g re+c or d QC1 inspector $,hovt Infrared p i utur e,5 B RECOROKEEPING In ad dit ion t o my reco rd kee pi n g re q LoFe rne n Its set forth In the Ag re eme n T, I nd ud I ng any a t ta, ch rn ents, or exhibits thereto and this Scope of Work, Subrecipient agr(ms to be bound by the recordkeepinp, froovisiIons at 10 C.F,R, part 440 and 42 U.S.C. part , Aas app I ic�ble to SubreciTlient, Subriecipiemt shail I keep such records a+ DOE reqrnres, including, but not firnited to, records which fullydi5rJose the amount and disposition of the funds received by Subrodpient, the total cost of each weiffierization project, the average costs in(:urred in weatherizati,an of individual dwelling, units, the average size of the dwehiling being weitherrized, the averige incorrre of households receiving assistance, and any other records as deemad necessary by DOE or by DE O in orde,r to fulfill its, reCcrrdkr§ping requirements under 10 C.F,R, part 440. Sobrecipit-,mt an reps to keep itrecords in accordance w1fl-i the, 2 CYA, part 20(j, as adopted and mi ppl e rnent ed by 2 Col ,R, part 9 10, C. DETERMINING PRIORITY SERVICE Subrecipient shall give priority to identifyffig and providing vveatheriz, ition assistance to, elderly persons, persom with dis,abilifies, Farnikes with r,,hildren 3.2 years old and ur"Oer, frouseholds with a high energy burden and high residential energy user's in their "priority of services;' point system. Subreciplent w1,111 coordinate vdith its local Low-Incorne Horne F nerEy Assistance Prograrn (LIHEAP) prr o-vider to (,fevelop as referral pvcvcess and targeted ournber of clients to serve. A iTiinirnum of ID64 of the clients receniing weatherliation s,cr,vir:tis through thv WAP are to be OHEAP ref nabs.. D. MONITORING V15ITS The DE O staff and/or -its representative shitH icooncluCt nionitoring visits of Subrecipient at least once .1 year but as freclivently;),s D�EO may desire throughout the program year, These visits are for the purposes of quality assurarice inspections, adn-l1rustrative and fiscal ononitorinp, Training and Tech nical Assistance (T&TA), and other meetings as the need The monitoring report shall include inspection and/ I or T&TA inforrnation. (flr The monitoring staff regularly Inspects units completed by Subrecipient. All installed materials shall' be C05t effectivf-a, $ah-, and Of' Road quality and appearance, D*coveries of, violations of policies Ind MORM DocuSign Envelope ED: 8,2:])EFF'73-84C5-4B46-A5?i]-EOBEE74r4l39 Mew Sign Erivelopo 10: 820(EF F73 B4 C,54B46-A5 79�EORF%04F41 " Prw-ed ure 5 are called: f ind i n E s, (2) Work not rneeting, quality expectations may to subject to findings, required remedial work and/or disallowed 'o s I s . (31 A I l tont ra c to r work s h a I I pass an in 5 poc,t i o n by qu a 11 tied Su b,re cop i ent staff or approved third - party contractor inspector prior to payrnent. (4) Contractor work no!. rneetirig quality expectations that requires correction $hall be done at the contractor's expense. Any non,cornpliznce with the WAP Procedures Manual, or any Field Guides constitutes a finding, as that term is defined in the WAR Procedures, Manual. Major findings care those which are either s'everv, in nature as determined by the moniloring inspector or repeated, Minor findings are Bess Severe or riot repetitive in nature - Major Findings: Examples of, major findings include, bw are riot limited to, the following: (1) 'I'he health and safety of clients, Subtecipient staff or contractor%, or the inteprity of the buildirtig structure is threatened by work completed with the wea,therization funds. (2) A weatherization-related health or safety problem, is created by, exacerbated by, or riot corrected by the delivery of weatheri2akion services, (3) The omission, without appropriate authorization, of a required cost-effective measure, a necessary repair, or a required health, and safety repair, (4) Poor-qUality work, materials, or equiprnent that results in significantly degraded performance or appearance of measures ur r epairs. (5) Major expendituru of to on measures that ire not included on the Nauonal Energy Akidit tool, (NEAT), Manufactured VIocne Energy Audit (MHEA), WAP Procedures Manual, or the Field Guides,,. (6) Costs u'icurricd lor niaterials that do not meet the standards for conformance listed in Appendix A of 10 CS.R. mart 440, (1) Any action or lack of action that rimy result in a liability that threatens the Florida Weatherization Grant funds, (8) grass o.5s f i 5czj I rn i 5ma nageme nt:, 11nc I u d i n C a n y u na I I owab le casts o r a n y w rong,if u I Lidding to Theo grant,, Minof Findings,. EXLHT'hPtQ$ Of n-flnor findings include, but are not Ignited to, the following: 01 A sin8le occurrence of poo,r-qijality of work, nuiterrals, or equipment that results in niinor degradation of perforrriance or appearance of measures or repairs, Q) Work Ae cleanup that does not meet the satisfictOn of the client or the State rylonitor, (3) Required energy conservation rneasure4s that are not ins talled but wouhd not contr[buire a bar energy sawl`195. $41) Required health ind safety measures that are not addressed but are not thrpitenjnE the health of safety of the client, F , I RAMING & TECHNICAL ASSISTANCE V1 51,TS (T&TA) T&TA. vilsits conducted by DE O staff and its representatives are intended for training purposes. Recorn,mendations for Subrecipient actions may be issued by 01[?O based on circumstances 0,115'erved -and guidance will be offered on the vi,sit report provided to Subrecipient. G. DEO, FIELD PROCEDURES WAIVERS Stu recipient may request waivers which exempt Subrecipient frorn perfoi rning a required measure, of which allow a restricted meastore, if one or more of the fol]mving requirements are met: zm�q DoctOgn Enwelope ID- 820EFF73.B4C5-4B46.A579-E,0,8EE74F4139 DocuSign Envelope l0x 1313 ('II If it is tec, h n ic. a I ly neat po ss i bille to, i n sta I I the Meas u r e s, (2) If condRions exist. and i:annot tie overcome, that would make the -Installatian of the rneaswe unsafe. (3) The installation of the measure would threaten the health or safety of either the client or the worker, State waivers 5hall be granted by DE0 on a case,by-case basis and shall be in writing, Subreciplienu who ire unable to provide services according to, the WAft Proceduf es ManoMor the Field Guides beciuse of local building codes Shall Wpinly written doturneritation to DF0 stuff and, reque5t. 1 Stote' waiver,, Work shall proceed only after approval' of a waiver request: in writing, by DF0 staff a (1) T h e 5 Taile wa ive r's p e ( rrift the fo 1 lowi ing p rdicy exceptions.: F tie 1 co n ve rSio n s (2) Instalfation of doors and/or wind'ow5 exceeding allo-wable <!,Mount. (3) Other work normally considered beyond the scope of weather -ration, A. Subrecipient shall, use properly trained and quAii.fled energy aitditors and 1rmPt'-'!'rJ0r$' 0, An (,,,riergy Audit is required on every bt.,iild'ing prior to performing any work o0ter thari emergerlcy response related work. Contractors shal'i strictly adhere to, the work carder developed by the auditor. No dewialtions from thi% work order shall be performed, unl'e�sis awhorized t)V the energy auditor or weat herization coorcijn-(,ttor, C.. Subrecipient's Quality Control Inspector shall ensure that allwwasures requi re-d by the Field Guides, DEO issued pohcies, avid the WAP PruCedurcs Manwal ha,K� liceen installed, and that the work quality rineets the standards, recluired by the WAP Field Guides. D. Fach completed! proJect0iall! be inspected, and 0w inspection shall he docuinented in the client file- No project shall be reported as cornpleted until all weatherizabon rrhateria1% have been Installed and Subre,0plent perfori-ried a Vi nal quality control inspection,, including any mechanical orsubcontractor wo r k Pe rfo rrn e d, E , AlI I as ta !led we at h eri za bort m a teri a I s s [i a H meet t h e rn ate, r 1 a I s f, k im d a rd F, as do t a I led it Appe nd i x A of 1.0 CTA. part 440, sWil be of good quality, and shall be installed Fn a safe and effective manner. V PROJECT SELECTION (1) ProJects shoul'd be prioritized in accordance with ODE Policy. Additionally, Subrecipient should prioritize projects based on: (a) owner participation; (b) potential energy savings based on ut i kity b4i analysis (c) assuirance that benefits will be direct to unlit accuponts,'and (d) service to all. areas of the service area. $2) Subreciplent shall receive a signed li-iindlord-teriant agreement before work begins or) any indivi-clual dwelling u n i t: This document must be retained as part ref the 1) roj ec t file: GENERGY AUDIT Prior to performing an energy audit, Subrecipient's, auditor shall conduct a walk-through of the unit to confirm the potential for the installation of energy conservation measures and to ensure that there are 110 major barriers to working in the building. The primary oblettives of the energy audit is to survey the horne for the potential to install energy conservation rneasures, to analyze. the Savings to Investment Ratio �SIR) of potential measures, to check Page 43 of DocuSign Envelope ID:, 820EFF73-B4C5-4,946-A67g-EDBEE74F41�9 DocuSign Envalapff 10: for safety hazards and, building durability issues, to provide cliedit, educatron, to d0Cur-n(,?nt t[i(,,, audit, and tiler w ri-te a work ord e r deta, d i ngw o rk to be done and 5 R ua tions that need to be ad d rrnssu d, U Me r st a nd ling energy, use iis key to perforrnin? an exemplary audit. The energy audit shall intlude the following info•rmation: (1) An assessment of health arid wifety hazards, (2) Documentation, intluding, but not limited to, the type of energy audit. tool used and the results of the audit analysis. (3) Anassessrinent and record. of the existing conditions of the building and its rnechartical systenI5 (4) An evaluation of thie, existing conditions for energy conservation opportunitres and energy -related health arid Safety probleais, fS) A strategy for improved energy effi(.J0n(y and for correcting, eneirgy-riclated health ind safety problems. The energy audit shall also include evaluations of all of the follo�ajjig, per the WAP Procrg�dur r, es Manual rind the WAP Field Guides: 1) Combustion safety testing, (2) Air leakage analysis, (3) C o rin b u stuo n e ffic re, n cy d et (!rni i n it io n, 4) Il w r mail p c r f o ri-na n,ce analysis., (5) Electrical safety testing.. (6) Electric base -load testing. (7) 111 (10 () r 0 i r quality and' MOi,St U r e inspection. Subrecipient shA,11 provide all clients with information ceearding all ofthe following, fl) 71 he weatherization process, 12) Reducing heating and cooling coos, (3) Water conservation and water heating. (4) Staying cool during hot weather. (5), Lead -based paint notification, f 15) Mold and mildew notification. (7) Other energy=savingsuggestlom. 18) Radlon.L?L]Jdarl(e: K F! NAL/QUALITY'CONT ROL INSPECTION RESPONSIBILITIES Subreciprent shall be responsible for the fokowing quality control inspection w,,.�ponsibjllties (1), Energy and Conservation I rispection (a) Review the original energy audit fornn. (b) Ensure all required procedures were performed. (cVerify the accuracy of the audit, including nii,easures that rviay havc, bf.,en ornitted. (d) Inspect all work to ensure that standards of work quality and materials are met and ensure that the job site, is cleancd up, (e) Call for corrective actions where initial or does riot rneel standards, (2) Health died Safety [n5pection MMMIUM DocuSign Envelope ID, �20EFF73-84C:64&46-M70-r�,0,0,FF74F4139 DOGUS1911 ErrVelpape 10: B.ZGFFF73=84,Q�-4B4,G-A579-EQBEF74F4139 (a) verify that all, work was completed to address related, health and safety Issues- (b) Call for correcOve actions where initial work does riot rrieet stai-Wards, () file fieviewanal Completion (a) Review all required forms for accuracy and conipletion. (b) Docu ment required go -backs or follow-up wcfrk. (c� Sign, ancli date a qLK11AYCOntrol inspection form assuring thatall re.clLfirements have been verified, (d) A job, is complete only after all work installed by Subrecppiert or its authorized representative has been completed and has Passed the quality control inspection, 4. INSTALLATION OF MEASURES, Weatherization measures serve all Of the fOUt f0110VVir-1g PUrpQ-1X15: A. Conserve energy,. B� Reduce energy bills, C,. Protect residents from 'Protect building from dam,age. cause(] by fire or rinoisture. Suhre0pient shal'i be rospor6ible for irrstalkrig we',t)thf�rizotion rneasures per the WAP Procedures Manual, I fic, Fig I d Guides a n d a pip l'ica b I e [ata 1, Sta t e, and f P de r i I cod e, A. During the prograrn year, if EX0 detero-ninw, Rhat the average cost iner Unit, Will excovd the rnaxinMrn allowable annual average cast pe r unit, a dd i T i o n a] cost rest r 1 ctime s ma be i ry) po sed, Err PI C rrtentat 10 1-1 of these lirrnts will be based on data gathered by the State regarding actwill, cast zrveragcs and may be irnposed on o,pu� or all Subrecipienls, as needed, Die DF0 Contra,ict Manager wiR notify Subrecipierit of the cost restrictions to be implemented and procedures for innipl(mienting the restrictions, Upon receipt of such notification, Sulbrecipient rill be required to implerrhent this procedul e For all r1m,illi rig unR5 for which rriaterfahj have riot been orderc,,d or forvehich a job of der has not been, issued to a contractor,, U. Failure by Subrecipiient to expend all program funding by the end of the Agreemerit period may runult An it being placed in a Probationary status for future WAF1 agreements, 6, HEALTH AND SAFETY Weatherization services shalt be provided in, a rinarmer that rninimizes, risks to workers, clients, and client5' homes,. Weatherization services shall not begin until health and safety problems are removed, Subrecipient shall comply with and enforce, the WAR Safety Plan. 7, ACCEPTANCE CRITERIA DED shall evaluate this project through review Of SUbrecoplerrit suboOtted reportq= To receive .1 reimbursement for a production pefi,od (a production period spares the first flay ofa, morith through the last day of the month), Subrecipient shall submit arri electronic copy of each Building, Work Report (,BWR) package along with, the monthly Financial Activity to, DEO through the current electronic financiall management system by the twenty-first day of the folloMng month., The Monthly Finan6al Attivi,ty shall ind'ude ori,, 50rimitule completion of production goals. If work, is behind, schedul'e, Subrecipient shall inimediately begin ini,plernentatioon of a plan to bring -work Up to schedule, DiGcuSign Envelopff 10: 8,20,EFF7'3,-B4C54B46-A5?9-EOSFE74F4139 DroruSign Enwelope I D: 82GE-F, F7 I 134C64 04.13-Afi,79-EOMCE74F4139 a PAYMENTAND DELIVERABILES Subrecipient will be reirnbursed rrionthly for expenditures reported in its Monthly financial Activity as de5cribed, in Reports, Reimbursement w14 be made by DFO, upon DEO's finding that, the Deliverable has been successfully completed - Deliverable I minimum Level Performance Certification thm Sobrecipierrt operated during -i"lln"Isurn, Stibrecipient Oall have its rt.regular busimess hGurs as Identified sn tho a ff i cr� op en for bu si no s s, with the on trance Wa i r i n t: ie s a n d. Repre w? n tatio ns Section, of this door otren to The punlic, and at least ork-, Agrtlenwnt, to rndu* expenses for enri;1,10vue On site Monday through Friday Ad rni mstrat lon, jAd nwiJ q t rat i o n costs not to during the hours of 8-100ram To 5:00 prn, exceed 5% of total award a m ou n ir Pf ograni Support, Tethrliedl and T raining ASSIStOrICO, Sinple Audis, ,k-and Uabiiity Insurance Deliverable bilmum Level Peftirmano Complete weatheri2ation of dwellings wit At a miniromm, SubrecApient strall cor-rrplet- onergy saving 4 epairs and instaflation of eneorgy on(A (1) woothw-Med dwelling supported by, a sawing rrlt«astir("� W q ua I i fiv d low-income Building Work Report Ply R'Lr aer. rder-ItiheO in'. persons and to adminkter the progrini R epof ts A. the Dellverables shall be reported monthly on Subreclplen,t's Monthly Financial Activity as described in the Reports Settion of this Attachment, Successful completion of the Deliverables sfia[ll be determined by receipt of Subreciprient's Monthly Financial Activity containing the certification recluired in Section 21, Warranties and Representations, of this Agreernent. A. If Subreripient provides services to any client more than 180 days after the ckent's household income has been verif led without recertification of the client's income eligibility, Subrecipi�ent shall be assessed a financial, consequence in the amount off % of the total amount of weatheri2ation services provided to the ineligible client's dwe I Nng unit. 8DFO shall not reirnbufse arty expenditures associated, with Defiverables not accepted by [CEO as SUCCeSSfUlly COMPICItedl, however, this does not preclude SUbrecipient. lrorti receiving payment for, such expenditures upon successiful',completion of the Deliverable. C. 0 Subrecipient 'fails to be open, and available, for services accorcling, to its regular business hours as identified in Section 8 of this Aftachment, outside of weekends and State holidays, Subrecipient shall pay to DEO financial consequences in the amount of $10,00 per day that Subrecrprient failed to operate, according to its regular business hours, up to a maximum of 100,00, for such failure, unless DFO in its solv discretion Waives such failure in writing baised, upon its deterri-rination that the failure was due to factors, beyond the control of Subrecipient. III Any arnounts due under this Financial Consequences sectiori shall be paid by Subrecipient out of non - Fed er a I f Lind s. 10 EQUIPMENT INVE NITORY Subrocipient shall submit quarterly, a written inventory of all equipment acquired in whole or in part with weatherization funds, to DEO's Contract Manager for this Agreement. Subrecipient sfiall maintain an e q w p ment. i nve n tory in a manner that wi I I p rovi de an audit trail, tracea b I e Pram purchase to present usage:, DocuSign EnvelDpe ID: 82.GEFF?'3-B4C5-4B46.A57�-EOBEE74F4139 DoQuSign Envelope 10' 82,U-f "Equipprent" means tan hale personal property �jnducl(ng information technology systems) having a useful life of more than one (1) year and a per -unit acquisition cost which equals or exceeds $5,000. 11. REFfERALS Sobrecipierit shallpartner with non profit organhzauons or municipalities tha�t provide rehabilitation,,, emergency home repair, admini5ter, a Neighborhood Stabilization Program, or are participating in a Green and Healthy Ho me I�mtiative to facilitate this receipt of active referrals of qualified units, in order to, a chieve, goal$ of %erving the low-income population. 12, REPORTS 5LI brecipient shall sub,mit the following report), to DF0 is speof ied below, AANNUAL REPORTS IRS ForMj_M,,: Subrecipient verifies that if Subrecipient i,s below the 5750,000 threshold for all fd v�?,ral awards in its fiscal year, is a noni profit enoty, and is exempt froryi the Federal single audit aclt ic-quirernews, thpn Subrecipient has submitted a copy of its most recent IRS form 99,0 with its Agreement proposal. B. MONTHLY REPORTS- 'rhe WAP Financial Activity must be provided to DEG no later than the twerity-first day of each nnonth following the end of the reporting rnontin In which funds were expended. Subnacipient shall submit The report, regardless of whoher funds were expended, Reirnbursernent of expenditures shall be based on this report, Only with prior approval by CEO will more than one reirribursement be processed for any calendar month,. Subrecipient must subrnit the Financial' Activity in DEG's current electron[c financial management systern. In the event the twerity,first day of the month falls on a weeli:end day or holiday, the Monthly Financial ActivitV shall be due on the next business day. The Monthly FioamrjA Activity must be signed and dated. (1) Lich Monthly Financial Activity shall contain the fol'fowing, ir)(orrnation: �a) All expenditures that occurred during the reporting monthe, (1) � The arnount of reimbursement. requested, (c), The number of dwellings weatherized; An attestation, sigrwd by authorized signatory, that the Subrecipient was open, oind operating during iA5 reported business hours,i and (e) An attestation, signed by an authorized signatory, that payment cWrned was for actual costs expencled by the Subrecipient and its subcontractors, and properly applied to services provided under this Agreement, (2) Each COMPleted dwelling reported will have R BUdding Work Report package consisting of a cornial,eted: (a) Building Work Report (BWR); (b), Client intake Form; and (c) Qua[ity Control hnSpei:tion (QCI), Repon, (3) DEG shall review each Financial) Activity for complian(e with the requirements as stated in this Attachment. EMUM DoiuSlqn Enve[apie 10: a2,,DBFF73-84C,9-4B46-A579-EOBEE74F4139 DOCUSIgn E'rwirlope 10' 920EFF7�,-84C54B46-A679-F.OBEE74,F4139 C. SEMI ANNUAL SUCCESS AND LEVERAGE REPORTS Serns Annual Success and Leverage Reports are due to DEO an or before March 21 and S(�,-pternber ),'I of each program year. in the event that the twenty-first day of ei,ther,rrionth fall on a weekend day or holiday, the reports shall be due no later than the next buWless day, (1) Oil the SuCcIF55 Reports, Subreocipient shall provide: a) copies of thank -you correspondences from rhents who received weatherization services ,- b) information on any events Subrecipient participated in that promoted the, WAP locally; and c) an milestone reached by Subrecipientthat relates to the WAP. 2) On the Leverage Reports, Subrecipient shall provide: a) sources of leverage es. act iviiti Mitres: b) amount of funding, provided, artcj c) the types of lever�wv activitie's utifized, on, the dwellings, during the six J45) month period. Utility rebate funds, and donation of materials or volunteer labor should also be included in thLs report, 0, MONITORING At a rninirriurn, DEO wril Conduct, one (1) ran site monitoring visit to, Subreciplent during , the Agreement period. This monitoring visit, wilf address Subrecip4ent's fiscal and programmatic administration of the WAP, In addition, a mire murn of five percent (5%) of ti-ro total number of dwellings projected to be weatherized during the Agreemertt period will bic, inspected, An, additional fiver,)emenl �5%) of dwelling'5 will he inspecttW if SubreOpient has implenrented the Level H2, Indc�frendont Auditor/Quility Control Inspection process. E. MONITORING REPORT WtNn 30 days after the completion of the monitoring visit, DEO will issue a monitoring report outlining the results and any corrective actions required to be Unplementod by Subrecipwnt for any non- compliance issues discovered during this visit. issues may be classified as a rnajor or minor finding ora n noncompliance, issue that is of secondary concern, such as a srriall, life ornissloa, Observations are to assist with compliance of pirograrri requirernews, to enhance or improve service or to share, be%t praerkices. F. MONITORING REPORT, RESPONSES Subrecipient shall! provide a written response to DEO Isar all monitoring report findings or observations no later than 3D calendar days from, the date of the original morlitoring report, DEO sfiall notify Subrecipient of the due date for any subsequent rnorntoririB report, responsus, as r-nay be requirod. If the thirtieth day falls on a weekerid day or holiday, the resporise to the original report shall fat,- due on the next business, day, Subrecipient may request an extension irawriting for DEO' s review Aridapproval, GCOST ALLOCATION PLAN AND INDIRECT COST RATE PROPOSAL Subrecipient is required to hav(,� written financial manageri-tent systenis procedures for determining the reasonabIleness, allocabillity, and allowability of costs In accordance with the provisions or" the cost principles and terms and conditions of the award. Subreci,pi,ent may utilize one of the foHowing options:: CO east -Allocation Plan: Per 2 C.F.R.. 2.00.40S, to document this, Subirccipient must submit copies of its written Cast Allocation Plan to DE U with this Agr eerm',nt, (2) 1 ndi r ec t Cori( Rate P ro.P,Q sa ; Per 2 C, F , R , 200-4 14, this Is the amount charged through in ch rect cost allocation plans approved by Subrecipient' s cogm2ant Fedeqal agency, the rate, negotiated between DEO and Slibrecipient: (in compliance with, 2, C. part 200), or the 1.0% de nifnimis rate a,$ applied to Modified Totil Direct Cost as, allowed by the Uniform Guidance. If Subrecipierit chooses to kj,se the de minfivis rate;. Subrecipient shall make sure it isentitled to, use that rite and in(lode sta te M ep"It to that effect. DocuSign Envelope ID: 820EFF73.B4C5-4B46-A57!9-EO9,EE-74F4139 DacuSign Envelbpe RD: NOLP F73.-B4C5,4E146-A57a- FOREEWd 139 K CLOSE-OUT REPORT The WAP Close -Out Report is due 30 ralenclar days after terrrimnation, oftlio, Agreement or,30 calendar day ,safter corripleflon of t he activities cortta inerf in the Agreement whichever occurs first, If the thirtieth calendar day f WIs on a weekend day or holiday, the CTOW-OLit Report shall be due on the next business day, Subre.cipient shall submit original signed docurrijents to OEO that include, at a friinitriurn, the WAP Close-out Financial Status Report the lose -oust Summary forrn, the Clo5e-otit Equipment Inventory form, a refund check for any Linspent funds, if applicable, and a refund check for any interest earned on advances, if app-11cable. L OTHER REPORTS Upon reasonable notice,. Subrecipient shad provide, such additional prctgr�IJTI updatek, reports, and information as m,ay be required by DED, including supporting or source docurflentation for any reports identified above in this At T ach n ie nt SUBMISSION Unless otherwise noted, reports shall be submitted to Subrecipient.'s, designated Contract Manager as as,signedby DES and delivered by standard mail or eflectrunic mail uOng the contact information provided i,n Para g raph 16 of this, Agreement, Failure to submit reports by the required due date, rna-V result in the w ith hold i ng of any peen d 1 n g or f Ll to f e payments u n 6 1 the re por t's a r e received.. 13. PROGRAM STATUTES AND REGULATIONS Su bre-Opient,0-oll] be governed by applicable laws and rules,, including but not fruited to, A. Pub. it. 94-385, Part A, Title IV ("Energy ComRrvation and Production Act of 19,76") ' - the Dinnibus, Budget Re,concilration Act of, 1931,,nue XXVI of Pub. t. 9735 (Low-incon,w Horne Eriergy As5istance Act of 1981); Title 11, Part, 2, of t1w National Fnergy Conservation Polity Act of 1978 (Pub. 1- 96A619); "title V, Subtitle E, of the Energy Security Act of 1981 IPub. 1 96- 294), and, chapter 409, FS1, 2 C. F,R 175. 15(b) as it relates to 22 U.S.0 7104 (Preventionuf traf frckitill).- Florida Chief Firiancid[Cifficer Menriorandurn No, 04- 05- Schedule of Expendlitures of Federal Awards (hnp . '1wvyw n flu riclao financial', reporting/fin,andLi J)yin) B. All Federal statutes relating to nondiscrimination including but not limited to- 1) Title VI of the Civil Rights, Act of 1964 (Pub, L, 88,352) which prohibits discrimination, on the basis of rare, to lot or na, t io r w 1 origin; l2k 1 i t le, I X of the E d tsca t i o n Am end rn ent s of 19 72, as a me n ded (� 0 U, S.C= 168 1­168 3 r a n d 16185 which prohibits discrimination or) the basis of (3) Section SO4 of the Rehabildation Act of 1973, as amended (29 U,S,(,., 794), which proh-b4s discrimination ori the basis of handicap ; (4) The Age Discrimination Act of 1975, is amended i42 USk, 6101- 6107), which prohibits discrimination on the basis of age; (5) The Drug Abuse Office and Treatment Act of 1972 (Pob. L, 92- 755), as amended, relating to nondiscrimination an the basis of drug abuse; (6) The (ampfell,ensive Alcohol Abase and Alcoholism Prevention, Treatment and Rehabilitation Act: of 1970 (Pub, L. 91-616), as amended, reliti rig to nondiscrimination, on the basis of alcW-wl abuse or alcoholism.- (7) Subs coons Q'3 and'527 of the Public Health Servirce. Act of 1913 (42 VS. _ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol arid drogzibuse patient records; (8) Title Vill of the Civil Rights Act of 1,968 (42 1.),S�C, 36,01 et seqs), as arrienclud, relating to mean. d isc ri m ina I i o n, i n the sale, re rita I or f i n a n(Ing of howsin g, and' (9) The requirements of arty other nondiscrimination statutes) which may apply to the Weatherization Assistance Program, Page 49 of 59 Dacti-aign Envelope 1r); 820EFF73-B4C5-4B46-A579-EOBEE74F4139 Docu&gn Envelope ID. 8' ztiEff 73 -B4C 54846 -A5? 5- EUREE74F4139 (11,O)I'he Arnericans, with Disabi[ities Act of 1990, Publir Law 10t,336 (42 U,S-C, Sections 1.3101. th(rough 13213). C, Fxecutive Cirder 113,46, entitted "Equat E rnployrnent Opportunity", kw,, amended by Executive Order 113 75,and as supplemented in Department of tabor Regulations (41 C.F-R. po rt 60). D. All appilicable standards, orders, or regulations issued pur,5kjant to the Clean Air Act as arneridied (47, U.S.C. 1857 et seq.) and the Fedv--ral Water Pollution Control Act as amended (33 U.S.C. 1351 et seq,),. E, Subrecipient will comply wIlth the tead-Based Paint Poisoning Prevention Act (42 U.S.C- 4084 (!t secjj which prohibits the, use of lead -based paint in construction or rehabilitation of residence StrUMOV.S., F. Surf recipient Ml[ assist iin assuring compliance with Section 106of the National Historic Preservation Act of 1966, as arntnided (lb U,S-C, 47011, EC) 11593 fidentification and protection of historic properties), and' the Archaeologicall and Historic Preservation Act o4'1974 �16 U.S.0469a-1 et sock') G,. 51.1brecipient shah screen applicants for prograin eligibility under 1986 11mmigration and Nationality Act, as currentlyapnended, Ha Subrecilpients which procure $1.0,000 or more of insulation products annually area 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: mto consideration conilpefition, availability, technical performance and cost in accordance with Sec6on 6002, of the Solid Waste Disposal Act, as amended by the Resource Conservation and Reco,,mry Act of '19 76, and guidelines prornutgated by the, Environtnental Protc,?ction Agency, C All a-ppficable federal rules, reI gul,ations and guidelines as they relate to thn e pplfcatio, acceptance, and rase of Fe dera I funds u ind er this Agre e m ent J , Other applicab4o federal and State,, laws, rules, regulations and gU idelines., K- Su, brec r pi e nt certifies th at neither its organ i zat ion nor any rnern ber of tine staff is d e bzi rred or s ij spe. n d ed or is otherwise exctu d ed f rorn or i ri e 1 i g i ble for p a rt i,c i pat in n in F ed (,, r a I �i is i sta n c e programs Under 2 C � F, R . § 90 1, 10, " De ba r m ent and d 5 uis p cn5 i on. " Su b re ci pbent may not male any contract to a debarred or suspended party. A current listing, of such parties is maintained by DEO for re'" PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH, FEDERAL MONEY As required by Section 508 of Pu41ic Law,103-333, When issuing Statements, press releases, rtiquests for proposals, bid solicitattons and otherdOCUrr-jent5 describing projects or pi,ogf arns funded in whole or in, part with Federali money, all grafite,es reteiving Federal funds, including but not limited to State and [OL011 governairmts and Subrecipients of federal research gra rits, shall clearly state: (1) the percentage of the total Costs of the prop gram or project which, will be financed with Federal r Irt Ci r I V! Y, (2), the dollar amount of Federal funds for the project orprograrn, ],rid, (3) pemenuage and dollar arn0kint Of the total costs of the project or program that wilf Be financed by nongovernmental sources, Subrctipients ,hall invest cash advances in compliance 2 CS.R.- § 200.305tb)�(8)- Subreripients shall maintain advances, of Federai funds in interest- bea ring ztcccruints unless one of the following to 11 di t ion S a 0 pli es: NON-PROFITSONLY (1) Subrecipient: or contractor receives less than $120,000 in total awards per year, (2) The best reasonably available interiest,bvzring account would not be expected to earn interest irr excess of it per Year on all Federal cash balances- Zt� DocuSign Envelope 10, 820FF7a-a4C54R4,$-Ai79-O�CIEE74F4139 Doru&gn Envelope to: 82M'r r73-134 C64 194�-A570L E08 EE74,F413R, (3j Phe depository would require an average or rninimum balance so high that it wDuld not be feasible within the expected Federal and non -Federal cash resource, Interest earners off cash, orivances shall W, reflected on the monthly Financial Activity and, the, close-out report. LOCAL GOVE RN M E N T 5 0 NLY Except for interest earned i , n ad'vance of funds exempt under the inter -governmental Cooperavon, Ac in a n (31, U - 5, C 650 1, et, seq .), ands the Indian Self - Determination Act (2 3 U.S, C. 1501,, Su b redplents s hal I' promptly, but at least quarterly, ren)IT interest earried on advances to DEO, Subrecipient may keep interest arnounts up, to S500 per year for administrative expenses. Cxcept as provi,ded for advance payrnents,. Subrecipient may temporarily invest grant funds, but any interest income shall either be roturnex] to 01'10 or be applied against DEO's obhgation to pay the Agre I _ ernent arnount Any interest income earned try,the temporary investment (if these, grant funds that is not applied against DEO's obligation to pay shall be returned to DFO, it the tiow of submission of the f irrial d'ose-aut report. N PROGRAM INCOME Pursuant to 2, C,F,R, § 2003,07and 200.90, Subrecipierit rnay apply net program income, after Costs incident to, the gene(ation of gross piograrn incur-ne are deducted, excluding Vaerest to, une incoi , , ne et match)ing req, u ire ritents, or may reprogran-i it for eligible prograrn arfivities- The amount of program income and its, d isposil icin must be reported to DE 0 at the time of submission of the final close -out report, Expenditure of proprarn, in,corne balarites at Agreement end rnust be approved by CEO: 0. APPEAtS SYSTEM All complaints received by DE D will be referred to SubreiJpient. Skibrecipient must have a written, appeals s yst ern that is: f. 1), a d a p t e d by the Board of Directors - (2) formatted as a Subrecipient handout" (3) posted In the client intakt�area of Subrecipient's agency-1 and 1,4) provided to, those applying for weatherization services= Sample format l- SUBRECIPIENTAPPEALS SYSTEM In the event of a. complaint/appeal, the con'iplaint/appeal shall, first be heard by the: (Title of Position). Should the first designated party be unable to resolve the difficulty, the, second corripl i t/, p ,, a n ap Pat w i H be heard by-- ­­t (Title, of Position) - Should the second level cornplaint/appeal be unable to resolve, the difficulty, thy;. final hearing wiill be held by: V —IA, . ............. :5e— . (Comnlittee or Full Board). P, LIAWLITY INSURANCE Pursuant to 2 CTA, + 440,18., Subrecipient and Subrecilaient's tontractors are required to have sufficient [Ila b i I I ty i n s ura, n ce coverage for per to r rm n g wea t h er 1 za no n -f und ed acti 0 t i es, Ira addition, Sub r (-,c i plie, n ts Page 51 of 59 Doru Siqn Envelope 10: 820EV 1`73-134C 5-4841:3-M79-F-013E E74141 aR DOW, Sign Envelope 11r): 820EFF7,3-841(,6-4,846�A579-EOBEE74F4139 rno,st have pollution Occufren:e [risurance (POil),, whether included, added to, or i sciparate general liability insurance polircy, Costs may be charged as a separme line item on the Financial Activity, Subreciplents miust ensure that each contractor is adequately covered by Subrecippent's policy, Docuiiie-ni,atioiitosub,stanti,ot(� all insurance rovera e w i 11 be revie.weddufingmo(iitoringvisfts. Failure to have adequate insurance coverage may result in all reimbursement requests be-ing withheld until compliance is met- only those contractors who have been trained on 11read Safe Weatheri2ation techniques and, have Pol (or are unider Subrecipient"s pol!cV) may work on, pre-1978 dwellings that Subrecipient has confirmed have, lead paint that will be disturbed through weatherizatiori activities. PROGRAMMATIC CHANGES Subrecipient will follow the procedures and guidelines provi,ded in the latest versicin cif The WAP Procedures ManuA, Prop p-amm itif. and guiclehne changes during an agreement period rnay be, provider to Sokrrecipient through a State Weatherozation Program Notice and are to be considered a,,,; updates and become effective upon tht� date indicated on the Program Notice. The State Program Notice wiff be sent to Subreopient's Agreement Manager,, Subrecipient: agrees to be bound by tall currently effettive State Weatherization program Notices Previously issued by DEO, Ai MONITORING fl) DFO shall tonduck a full on5ite reWew of Subreciplent at least once during the Agreement period Subrecl,pient shall allow DEO to carry out monitoring, evaluation and technical assistance, and shall encore t h e coop eri)t i o n, of i t s em pWye es, acid of a n y contract rs Frith whorn, Sub re c ip i e nt contracts. to (,arry out progrirn activities, DEC) shall, provide training and technital within the limits of staff tim-e and budget availability, upon rejowqt by Subred,pient or determination by DLO of Subrecipilent need. (3 1 DEO- shall conduct follow-up reviews includinE prompt, returri, visits to Subre6pient5 that fa it to meet the goals, standard'), and requircqra,,-i.,nts establis,livred by the state and I � , federal funding, agency, f 1.) In addition, to all othor record keoping, public records, and audit requirernents set forth irl this Agfeement, Subgrecipient shall make available rill books, records, and documents required to be maintained under Otis Agreement available for copying and i-nechanical reproduction cin, or off 5ubfecipient's premises. (2) If the U. S. Department, of Hellith and, Hurnan Services, or DOE Initiates a hearing regarding the expenditure of fu(ids, provided under dhis Agrevortent, 5ubrocipient shill cooperate with, and upon DEO's written request, participate with DEO in the heidr7g- 141. WAP ASSURANCES Subrecipient hereby assures a -rid certifies as a rondition of receipt, of Agreement hinding, that it, and its Lontractors, will comply with thw applicable requirements olf federal and State laws, rules, regulations,, and guidellnes, As part, of its accepta rice and we of Agreement funding, Subre.cipient assures and cend ies that-, Ai Subrecipient possesses the legal authority to odmini5ter the program as approved by Subrecipie,rit's, goverriJng body, indUall assurancesing , , contained herein, B . Su brecipient possesses the sound controls and fund accounting proicfedums necessary to., adequately safeguard its assets, check the accuracy and reliability of accountingdata, promote operating efficiency, and maintain comphance, with DEO's prescribed o-ianagerrient policies. C. Subrecipierit will perrolt and cooperate with Federal and State investigations designed to evaluate co ropl ia ore vvi t h the la w, MOM DocuSign Ervuelope 10: 820EFF73-B4C54B4,6-A579-EOBEE74F4139 DtvuStgri Frivelopo in a200EFF7a-84C5,4646-A579-EOBEE74F4$3q D. Subreciplerit will give MQ, the Auditor General, or any authorized representafisTs, complete access to examine all records, books, papers, or documents related to all program operations ofthe AF ,rf,,onrrvnt, including, those of any contiraCtOrS= L Subredipient will comply with all of the provisions and practices outlined in DEO's most current monitoring manool. F. Subrecipient verifies that its application and all its attachrnents., inckiduig budget data, are true and correct, G. Subreciprient agrees to comply with Pubic Law 103-227, Part C, Environmental 'Tobacco Smoke, also known as thv Firm -Children Art of 19,94 (Act), 1his Act requires that sroaking not he permitted in tiny portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the, provision of health, day care, education, or library services to children under age of' 18, if the services are funded by federal programs either directly or through States or local governments. federal programs onclucle grants, cooperative a-greements, loans or [oan guarantees, Arid contracts Subrecipierit furthor agrees that the above language will be included in any subawards which accor conta=n provisions for chilrdren's services rand' teat Subrecipoent 5hal.] ciL-rtify CQUIpliatICE1, dingly. Faiture to comply with they provisions of this law may result in the juipasit Ion of a civil monetary penalty of up to $1,000 pe I, day, H Subriecipient cerfifie,5 that it will or will contioue to provide a drug -free it as set forth by the regulations irnplernenting the Orug,-Vree Workpfaco Act of 1988: ,and 2 C-F,1131 part 9012 I. Subreciplerit's contractors awst maintain, walla ficenses that comply with all State and local laws, ordinances, and reguilatiorir5, Each contractor shall be appropriately ficensed, to cover each, activity it is perforroing pursuant to this Agreement. Subrecipient shrill r-miintain -copies of all contractor, hrenses (current for the program year when, the work is prerformed),, as well as, a copy of each contractors liability insurance policy. J. To the maximurn extent the use of servicPs provided tinder this, Agreement shall be coordinowd with other Federal, State, local, or privately funded programs in order to irnprove energy efficiency and to conserve eriergy, K. Subreckpient will perrnit attendance by DEO's representatives at any meetings, of Subrecipi,ent's Board of Orrectors, executive cornmittee, or logislali've body. - End of Auachr'nent A,2 Page 53 of S9 0000Sigri Envelope 0; 820EFF73-B4C5-4B46-A579-EC.,BE.E74F4139 DOWSiqft Enweilope 110 820E�FF73-84(,54B46-A579-F,OBEF74F4133q mN Guy. Vill ARP.YQtYN1ARY, EXCLUSION Prior to i,ssuing subawards, or subcontract's under this lkgreement, Skibrecilplerit shall consult the System for Award Mianagernent (SAM) to r rhsure that organizations under funding consideration are not inieligibicu. Th f list is av<iilalule an the Web at https://www.sam gov,. If tIV SUbrecipient will issue Subaward$ or subcontracts under this Agreernent, the Subrecipi,ent shall coilnplLu� Tilefollowing infortn,,ition for each subcontractor: A. The prospective subcontractor of SubreOpiont,01,W)mJ0 c ert [if ie s, by Rib m j s-si o n of this docurnent, that n61fi(,,,,r it nor its principal'.s is presently debarred, suspended, proposed for dvbartnunt, declared irrc li ihlr f or voluntariN excfuded from participa-ti,on, in this Transaction by any Federal departrric,mil: or igencV, B. Where Subrecipient's subcontractur is kanablle to certify tothe above statement, the prospective, subcontractor shall atlach an explanati,on to, this form, SUBCONTRACTOR: (S u bc 0 nt r a r I or N ime) (Signature of Subcontractor Designee.), Name & Title (Subcontractor Street Address) (5Ubcontractor City, State, Zip) Date of Signature SUORFCI'Pli."NT'- - E 2,012, --' OE O Agreement Number Page 54 of 59 DacuSign Envelope ED: 82[)EFF73-B4C54B4[�-A579-��1,BE�74F4139 DacuSign Enwroflolm ID� 82OF;FF73,84C54LI46-A5?9-ECBEE74F4139 ATMICHMENT C SUBRECIPIEW: Mooroe- (Ioumkkv FIB # AGREEMENT: Any advance payrnentund(r this Agreement iFsubject to s, 216.18,1(16)(a)(b), Florida Statpte5 zindfl'aragraph (5) of this Agreement. The Subr(Kipient shall invest casih advances in compliance with section 2W,4494 of the OMB. U niforrn Ad n"dnistrative Requirements, Cost Principlos, and Audit R(,,qujrerncntti for Federal Awards, and Attachment B, Soction E ofthis Agreement- Che(k the, applicable box below (check only one). XNO ADVANCE REQUESTED ADVANCE REQUESTED Prograrn: IN o, a d van ce pa ym e nt is be 1 n g re ctu e sted � Pay ni en t will I be rvia de solt.4y on a reirnbtrr-sornent ba5k. No additsiona I information is required, AdvarKe payment of is requested, Balance of payments will be made on a reirvibursernerit lbasK these funds are needed to, pay staff, award benefits to, clients, duplicate form.,, and purchase Start -Up supplies and equipmen't. as would not be, able to operate the prograrn without this advance, ADVAMC", Ifarl JdV4r1CV- i�S MqAMSted, cornplete the following worWlevt by LC 5 LVk`,.5.TW0RK HEET filling, iin the, hrghlighted cells below - �A) (C) 8) DESCRIPTION Funding firOM F u nding from F I unding from Three Fees Two Year"I , Prevous Ycar . 40tal Ago Ago . ......... .... i F TOTAL SUBGRANT ALLOCATION (Includes any base increases at)d cariylurwiard 2 FIRSt TWO MONTHS OF GRANT EXPENDITURES' .— A ER.A E PERCENT EXPENDED IN 3 FTRSTTW0 MON! HS (MvItW kow, 2 by line 1� ... ....... . . _ 7 0, % go r I Iw first k W 0 M on t b iq Wei i"C' h r ej, nfe 6 to he provide(f, for the Vears you received oundirig, if vr)v do uoq kove thi,s iriformatiori, call your DLO LOVArdd M41'138,0r fart 3S�i!JJA(0. Subreciplent may request an ziniount tip to, the historical percent of expenditures for the first 2 months of tho agreement OR 17% of the award, whichever i's less, F1 I ST URI (At, P C RC ENI T f'OR F I R5 r 2 MONTHS', Cell D3 P rogram Awa and Historical Advance 17%MCULATION: x 0, 1? Program Award Percent of Award Maximum Advance ZE30am DocuSign Envelope 110; 820EFF73-PAC5-4646-A57'g-EOBEE74F4139 DocuSpriri Eryveape ID: ATrACHMENT D 11 - � I SUbrecipi,ent shall cornply, at a rninirnurn, knith the property management and procurement standards for property as defined in 2 C-F .,R, 20,0,8 1, 2 CT,R� part 200, 10 CER. part WO, 45 C.F.R. 75.3,20, Equipmear, and 45 C-F,R 75.321. as applicable, 1, All pr operty purchased, in whole or in part,, %,Ith funds, from th,Js Agreement must be listed on the property records of Subriecipient, Said Hsting must include, a description of the peoperty, a serial number or other identification number, the funding source of, the pvopvrty, who holds title, the acquisition date, and cost of the property, percentape of Federal parti(cipation in the cost of the property, the location, us,e,, and condition of the property, and a, n y tra n 5fe r, re pla cetive n t or u I T i m a te disposition data i n c I Lj d ing t, h e data of disposal and sale price of, the property, if applicable. Su brecipivrit must take a physical inventory of the property acqUI red, in, whole or in part, with funds f rom this Agreement, r"ondle the results of the inventory with the propertv records, and submit to DEQ a Written property i rive n tory list :and r e co n(, i I i at !on report, at Yeast ast once a p rog rani year. Add I bo na I I y, surer a list and report: must: be submitted to DE' D upon DEO's request. This annual' comprehensive,, property criventory list arid recon6tiation report is separ i1tv and apart from,"arid inaddrtiontry, any equipment reports required by this Agro,ement. 34 Ownership of all pwpefty acquii(,Ld, ui whole oi in part, with funds from this Agreement is vested in, DEO rip on Conipletiori, irr(Juding terminatkon, of the Agreement, and as such, any title to such property rnut be vested in DEO by Subreciplent uPQn CQM,)1060n, i,nClUdlng terr'nination, of, the Agreor-num. If Subrecipient ca-;ninglefunds from fl,'iis Agreement, all proporty jnirChased, in whole or in part, using funds frorn the account(s) in which any funds from this Agreement are phased, is considered '"proper.acquired, ire whole or Dn part, with funds from this Agreement" as described herein. 4. Real property, equipment, and intangib4e propprty that are acquired or improved, in whole or in part, with funds from thk AgrCorriant must be heed in trust with'the State of Florida is phew tru5tec for the, beneficiaries of the CSOG, LIKAID, and/or WAP program, The SUite of Florida is entitled to, record liens or other appropri�te noticc-s of record to indicate that person or real property have been acquired or innproved with Federal funds and that use and disposition conditions apply to the property. 5,. Subrecipient shall comply with Section 507 of Public 1,aw 10333, As stated in this, sectioix it o5 the sense a, f Congre ,ss that, to the (',,xtent pract icable, all equipo"nont arid products purchased with funds made available in this, Act should be American onade. , f nd of Attochment D 2 Page 56 of 59, DocuSiign, Envelope I'D: 820EF F73-64C 5­4646-A579-E0BE E74 F4 f 39 0,qqjSiqn Envelope I'D: 820EFF 7,3-84C5484 5-A579-EQ13EE74F41139 ATUCHMENT E k SUBRECIPIENT. Y, AGREEMENT 4:: r-_7� 2-0 � 111. SU BRECI P1 ENT CATEGORY- Non -Profit, Local Govemment 1111, COUNTY1 IES) TO 13E SERVED WITH THESE FUNDS: _Mqwoe��__ M GENERAL ADMINISTRATIVE INFORM1AT1ON'—V.0K41­S G0'1r-A%L oycly AJm1A;_qVaf0e� a. Execu tive Director or Chief A dmIni(StFator- FL ?ipAddress: (10 Ill, cptj w �� Ciw Telephone: kbs) 2_1 2 — 4 Sio Fax: , <q Cell; MaI ,Iray odd(ess ¢f Jrffeeeo t ffoa) a bri ve V' j rvnraAQ, (v%b m ra-, co uA� Mailing Address, City, FL zip': b., Chief Elected Official for Local Governrnerits or President/Chapir of the Board for Nonprofits: Name; Title, Addrpss*: .1ap's VqtxL( . ......... .... ..... ... . ..... ........ oty J1 Zip� F , x,. *Iwlmhamo Or busitle5s fidd(O.B, ft"i'vphwic number5 cind PmM Wher Chan the 5 C For Public Agencies-Chaiir of Community Action Board- Narl"e'; I Title: Address*: i t Y; IFL Zip'. Telvphone; F a x E rri �;i i 1: *blter how of busirwss wydre5s, auenbm and emiad other Man the 5ifhrPcipim4',5 d. official to Receive State Warrant, Naive: NJ M a, d k— litle: Address,. 56t), e=k— ciky .FL Zip, 0, Subrecip[ent Contacts: 1. Program: N i rn P�.:rude. el 1" Address:Jim city: If L Zip; Telephone; LJ5[p Fax, 2_95 —4qiicg celi: 2. risuM; Write: c - Title. tw,_, ­2 Addross; City: k#A LLk4FL Zip: Telephone:. Cell- f. Person(s) authorized to sign report:.. Name-. Clio TAW: L 5U,11� idle mvu "I I Name, Title,; lg, F EID Number h, DUNS Number: K Hours of Operation,, [Days) Mondixy EP-11VA-y (Hoursf AA F VSURRECIPIENT FISCAL YEAR: I thru !Sr_t$f e.g. Oct 1 thrU Sep 30) W�� D,"U$ign eriveEape 10: 820EFF73-f34C5-4846-A579-E4BEE74F4139 D,pxWSQ F"Awye ED 8208FF-7-B4f,,r)-4046-A$79+OOEL74F4!39 A17ACH ME NT F 1, 1 0'�Jll r,:-r'r,0ar0 that Uvoy unolywit!"A Ow roWirements Whirw2d in federal Ow and rippIrcathi; state Polay, 2' the FoHowing fnrornratton must be poUed un the Subrecipiont's vvc.,bsite in ii aNannec ea0,�f accessed hythv pubim & An Organilali-Dnal CE10ft & Notim od dl qwebrigs ,at knnt sove" days bvknv the mvetu% is kv mmur Notim M spenal merTings must Im, fiostc'd at loost )? Nnus hokup tho nounwit; is 9) onor, C Frnployiv ymiklions awl WHy Maution fur oath posRiorp 0-dudir% any kneMs and D. A plain Lard gaga vvrsion of any ciuXact that is estinimed to c.,xcet.,cl S..V+,000 vAth at nrvvjdivill Ity, city. tt`mn, aar vendc-a (:if sexwws. IuPPWA w PwWaml horkid my rrwkotinj or Or thra pumhase or lemps or uqc of Wrids, WmAtirn cur Ixopertivs, E. A lint al' aH IWArd rnembers, if applaable, and the compain cy entay Mat Uw Baud wiewiln" v; ompkW*d by or owns, ivA thdr himv of servixv. F! WiterloN vignevenenif an applOodr, G�inglv Ariclit for the kv.,;T two yciw', K. Meeting iliathin 1'­.� dase"� ovf oval" 1. All ii-rivu q,i eenvents w4hr anerfirf,f ryptlity that fiarfrat, orcorn pete resporisibility foe _Mny Whn the StiheecOvient is PxPocted. w&M n"nunUind Ui p"kvm urnplor MN Awvmnert umv, if 1he Cost is ri'cpt to J. AH report% that 1hr Subro(QQviH nail gonprok pursuant to FcWraf Sini FWAA law, 3, 1 Q Subrep:Qownt shall comply wah On rewirremerits W 2 LPH 20 Univeqal Wentifer and Synern for A%%-,ricl fvton.igoinvri §ARMY Vic, Subo,',kJjrJen[ 11"lids" h,wo an 'jt,,7,Jve iegslrooiovj irr aAM in it re€ratarur<,a° With ? CFH part 25. appendx Aand must havc, a tlat.,'i Univiirs5fl NL]111110-illf, Sy ,tern number. ThnSubreupient mw Alincm"Wy wqh provicams of kv FeWnd FmONg AmmuntaNHiv and transparency Act, vshick indLld,aIs pvrjrjiri,rrwnt�; oil f,Xecutire comperisation and � CrR 110 Rinin"Ng SiAminad and Executive,'..,- Cort)c)i-!j'isa1io-n infiol 11"I'll-ion. 4. in wnMharric a ran ah rav hurn 39 201 MW V 5 1034. HOW Statulm, H the SivbmGkkunt, 1% agow, urnoopev cmtractors. subcontsacricArs or any oilier erSity perfornivill, tho sorviro,,-s cifr behalf of ZhC-',"iUbrep:p,pferiT,, knows cor has reasonable cause to that ) chfd, pr_,rson, or cfi�,Ibilecj adull k or has knan ahmod, neoeded, or ONAcAted, the SubraiMent agnte; to k(-nodately mpo" such knowledge or susolln up Ne Flohda Abuse Ho frig- by ralhng I -WWI 96ABUSF, or yea the wet) repcirbirig option httpol/myfHavoilkoxoin/survice PFOEMITS/abuse hothne/report Wm, dvtrvl or an I ax Q 1 TOO 114 1004 50) 2 CFH 20M111 the Subradpont nwsC wqhIn one bAiness day of discovery, clisclose �,,priy violaHon of fecleivil crOninal his invoMirig F"ud, bribery, or g,rat,Li4y vkfla91oln5 potenhally affuting the fedeal awmd Udwormily the Subivciphant shil doclose fin yoUner on- going Wil or cnnn,,Crral htigaitwn, invuslW;ition, r)rbitfifion, or, adaii,iist'86v(,.procet!durie, Ljl)o,,,) UXeCUtion of lfri� Page 58 04 59 DowSyn Emishp Q a2�OEPr7�-MOr)-4B46-A579-EOBEE74F41343, DOCUSIn EfIVIMPO 40: 820F FF 73-84C 5-4846-A579-EQBE 74,F4139 G, I ur ill funds f�:wovidnd bylk0whim Issuingstatements, press releases, oequests [ce progioods, bud sokbNoWns and oUwq dmumerR, demilmig propma or pinogan" kmdmhn wholv ur in nwtwRh federal money, Hw Subreoplont shaH W1 suRe h) tilt-, ,,,e of r1lie total costs of the programor project vvhmh wMbv with fedk',:n'& awne, 00the A= amimni at OWN funds ho thv runpvt or prograrn; and (A) the percent age and duller ,irl,rotird. of flue total co,,,, of the project or program that wdl he hndnced by nnn-yovornments! soorm, Con"Widateri Approp"ahoms Act of 20 18, Pub. i . No. I 14 14 & 132 Sat 3% dw FL [Ne V, Wc. WS (Mar. 23, 201 a) 7. In, ConvioriLe Wh loction 28b 2% Hodda StAtutem the SuNedpind YOM enump any, nongovorr"non t a I o; gd ni i m On wshich symsms a tmograrn f manc(, d, in vWx6e or ki part, wqh f u nd"' p"mAcar; unly the,', Agreemont WA m PUMIUM, Wwlthinm o"UNbOg Vw 5poismshrip of Mitts progran, statc., "St--jorlswed 1, fentlies narne,) anr-I 0-re, State of Florida, of Lcorwr-r)l[ 01-eporlonity, " if the sponsordfp It erence i� io wrntl'rl (wirr, tho Npoc)rd�', of Rmbb, Duplaamwnt of Fcm"mnq Opportunilfw-Hapywarim tho some ,Jzoh:,th,r',.cn- type as Otr.t Inaw of we emy 8. ITV SWOMIMMA ShIll "UPYINn d PUINKMIog larva VMV0 in allVtdMKX with ss. 4XISUP)CI) and PLJrCha$jlIf?, PrOCCCUrre 1110g, at n`nr'0r-I)Ul'l'): A. I nsme that A porclwsing decisons are conductod in wr Irm"po"mt mmutor; 11 faster compeWon to Un""V that Jhe, Sukirecipi'm weives the best value pussaAe; C. ReWne approval,; in accordince MIA the Submcipbenk goddivies, pHor la entering We; a lA}l wac! that is tmompt from a co"I'll..wLitivc, I.lrocess Uvonme the %ervops or conmioNties am 0- Illat an intent to awwd a cornpetitWe convact be pubhshecl an the SubrecliAetw's weWe at tag 3 Lyusiness days p"101, to tm(f E, Require out the Subrociouvit take ndvantage of state torm conwarIs negodared ry the PhrUr %pnOnw, of Manags"wo Suvices to the grealest (',Xtent. 9. f he Submcipient shall nundain an employer, eth.,c-s codr.� wkodeled afuer th�,provisionk, of chf ,Jpter 1 1)4 1 landa Sty tutec,, whick actdresses prohibibons ow the acceptance of gift , selbrioaling, unawhorued cornl'.),:-,roatgon, corithANg omplopment or ronitrartual reknimahipk hupprophoc- ('11"'fJosure o'wli] le,�o of infeo,rrnation, and nepofi,,m 10. Al Subrecipient Uavel expenses far this agmenneart rnust, be in accordance with Mon 112A6L KS, - End of A I tachment F - ZR'la-mm"