Item C25 C25
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
April 17, 2024
Agenda Item Number: C25
2023-2384
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham
N/A
AGENDA ITEM WORDING: Approval of Low-Income Home Energy Assistance Program
(LIHEAP)Utility Payment Agreement between the Utility Board of the City of Key West, FL D/B/A
Keys Energy Services and Monroe County Board of County Commissioners/Monroe County Social
Services for the period of 04/17/2024 - 04/16/2026, contingent upon grant award.
ITEM BACKGROUND:
The Department of Commerce's Umbrella Agreement for the LIHEAP and WAP Programs require that
Monroe County Social Services maintain written utility payment agreements/vendor agreements with
energy vendors that accept utility payments.
PREVIOUS RELEVANT BOCC ACTION:
KES Vendor Agreement approved in bulk by BOCC on 5/17/2017.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
BACKUP Agreement E2012 04_21_2021.pdf
BACKUP KES LIHEAP Agreement.pdf
LIHEAP March 2024-Signed.pdf
FINANCIAL IMPACT:
1413
N/A
1414
0A
Kevin Madvk, CPA
QAJClerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: April 23, 2021
TO: Slieiyf Graliain, Director
Social Services
ATTN: Lourdes Francis
FROM: P.unela G. Hance 7.C.
SUTECT: April 21° B[)CC Meeting
Attaclied is an 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 low
Income I Ionic Flriergy Assistance Program and Weatherization Assistance Prograni Agreements.
Should you Iiave any questions please feel free to contact nie at (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 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florio 1415
305-294-4641 305-289-6027 305-852-7145 305-852-7145
DOCOSDg i Pinvolopen Eta:
FEDERALLY FUNDED
UBGR AIr+NT UMBRELLA AGREEMENT
BETWEEN
THE FLORI DA DEP TMENiNT OF ECONOMIC 0 PPORTUNITY
AND
MENI R;OE COUNTY, FLORIDA
F A Numberj5): 810412,93,568, Agreement Number: L2.01
THIS LN 'NtANT AWARD AGREEMENT ("Agreement"], is meads and entered into by and between the State of
Florida, Department of Ecori rnic Opportunity (" EO,"), with headquarters in Tallahassee, Florida, and Monroe
County �' a recipient"), Florida,. arid may individualNy be referred to herein as 'Party' or collective1y as the
" arties"`,
1'FEI a AGRfj_','MtN1r IS ENTERED INTO HA CO ON 'NLII FOLLOWING REPREESLNI ATIONS;
u , The U,S, Department of Health and.Human Services ("HHS,') administers the Community Services Block
Grant ("CSO ") and the l..raw-Irrryrame Home Energy Assistance Program ("LIFNEAfa") at the federal level
and distributes blrad grant funds to the StaW ; and
8, DEO Is the 17543t1 and tlVflmAF recipient grantee, and grass-t:hrough entity," for the Mate of Honda,,
designated by HHS to receive funds annually for program purposes zwdi is authoriz d to distribute block
grant funds to subrecipients so that subrecip erits may provide self-sufficiency and bore energy
as�I tearic,v berteiits to eIiptibNe households•; sand
The LN.5. Department of Energy("DOE")adrninisters the Weatherization Assistance Program ("WAP")at
tl`re feder°aI level acid distribute5 gr ant Nunds tr,status; acid
0 DEO is the WRAP recipient,E,rontee, and pass-throuOr i entity for the State of I`llor-da, dce5r raate d by DOE
to receive Rands annually for program p urpomus and is auathoriuM to distribuw a1Ap funds from DOE,
along with tlHEAp funrNs from HHS to' subrecipaients to orovde 'energy r.ffiui,ency irnpro emrmts to
eligible households
E. Subrecipient iS eIig bNri to rtxeive 1.11HEAR Arid WA:R grant funds in order to provide trae services identified
herein
THEREFORE, DED and,Subrecipient agree to the following.
. PER$00 OF AGREEMENT
The Effective Date of this Agreement is October t, 2 2a0. This Agreement ends on September 3 , 20123 (the
"Exp irati,on Clate"),unless otherwise,terminated as set forth herein..This Agreement terminates,supersedes,
aria replaces any prior greerri(nt irr eflect between DEO and the 5u:brecipient regarding the subject matter
set forth herein as cf the Effective Nuts.. The period between the Effective Data and the Expiration n Cate Or
the termination date is the j'Agree exit Period'.
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DocuSign Envelops ID:820EFF73ud4 5-484 wA579=L9QEE74F°41 9
2. SCOPE OF WORK
The Subrecipient shall provide services in support of the LIHEAP and WAP Progr°arm°r in accordance with the
applwable Attachment(s) included with this Agreement., For each Prograni° za.wsrardi, a Notice of Fund
Availability("NFA!')shall be issued whmithi details the direct client services and other activities,to be provided,
The NFA may also include the IcallJowing AttWirnents (NFA Attachmtnss-),
A. Budget Lirr°ertions and Surrrrnary with County Mlocatioris
B. Program,Stiturtr"s and Regulations
C. Additional Reporting Rcqu.,rireaments
INCORPORATION OF LAWS,RULES, REGULATIONS AND POLICIES
The Subreciplent and DF0 shall be govei ned by all applicable ;Mate and Federal laws, rules and regulations
including, but not lirrritecl to those" identified in this Agreement and I TAB
4 MODINCATION Of AGREEMENT
Either Party may,request rnoci fic,ati n of the provisions of this Agi reem.ent. Modifications,to this Agreement
must tie in wfiting,on DEO-approved forms,as applicable, and duly siffried by th've leas ties
, This A reeni,ent is a Cost Reirnbursemorit Afire°err ont; I E,0 will provide funds to the Suabreciphent by
issuing a NFA through I E "s financial management information system, Each NFA may include
attar firiirarits that incorporate specific terrn,s, conditions, assurances, restrictions, or other instructions
applic2l le to the funds prciVido,d by the IMF , They Suabrecipient shall 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
arid) expenditure of the funds. Su:brecipient may inner costs and submit for reirribur5cment only tip to
the Total Funds Released dollar amount listed In Su brecipient s most recently CEO issued fN fit, Each
such NF ., and any attachments thereto, duly issued to Suabrecipient by LIED, inclurdirt , taut riot lirni°ted
to its special terms, conditions, and instructions, is incorporated into the Agreement by reference.
8. By signing below the Su bre°cipient certifies that it is qualified and eligible to receive these grant fun ds in
order to provide the services of the LIHEAP and WAP programs f'or wyh;ch the Su brecipient receives fonds
from CEO:
C. Any advance Payment under this Agreement is subject to section, 16.1 1(16), VS, The anaouunt which
may be advariced must: be expended within the first three ( ) months of the ter rn of this grrrr naunt.
Any advance payment is ahso su bj,.ect to the Uonifor m Guidance and the Cash lanag(,.v ent Irnprovernc;nt
Act of 19,90., if in advance paymem is requested,the budget data on which the request is based, and a
fuastificatioru statement shall be forwarded to DEO using Attachment C, which will specify the arnraunt of
advance payment needed and provide} an explanation of the necessity for and proposed use of these,
funds.,.
D. Sobreciplent shaII expend arm amciunt equaal to cur greater thari thr4 arnourit a f the initial advance within:
the first, three n°ionths of the terru°r of this Agreement, if Su breciplent has not expended an amount at
least equal to the initial advance by the end of time First three months of the term of this Agreement,
5ubrecipient shall submit a written explanation tti �I o
E. After any initial advance, payments will be made on a cast-reimbursement basis
F. DEO will provide funds In consideration for time Su brecipien.t's successful performance tinder this
Agreement, The State of Florida's and DEO's performance and obligation to pay under this Agreement
is conlingent 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 what constitutes an 'annual approprlation' of
funds. The lack of apprcpriatron or avallability of funds shall not create BCD's default under this
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DowSio- nn ElIV2,10pe I0:820 FF73-( -4946-A�)79-EOBEE74F4$39
DocuSign Cmrn clop 111) 2aaPyrF 7 - 4C5 4 ,r-#579-FatREE74F i 39
Agreement, If there is a state c r federal fundwng shortfall, then tlne funding otherwise made available
under this Agreement may be redr<ucl',
G. Subrecip pent sand its contractors may only expend funding under this Agreement for Gallo wablt costs
resulting from obligations incurred during the,At,reenient period. To be eligible for reirribursernent,costs
~~rust be in r<a mplilance with the laws, rules, and regulations applicable to expenditures of Sete furidls,
incluctinp,, but sent limited to, the Reference Guide for State Expenditures which can be found at--
H. Subrecipient shall refudrid to DEC[afly frrnd� obligated to Subrecipient, including, but not limited to, are
aclwance payrri e nts, and whic.h re ma Unobiigated by Subrecip�ient ��at the end of this Agree ent,
I, Subrecipient shall refund', try DE alt funds paid' irp excess of the amount tcawhich Subrecipilent or its
contractors are entitled under the terms:and conditions of this Agreement,
J. Subrecipaient shall (1) ranaintairi all funds provided under this Agreement in a serpaaraty bank a�,Count or
12) Subreciplent's accounfitng system shall have sufficient internal controls to separately track the
eaxperiditure= of all funds from this.A feenaent. There shal I be, rota COrrnnaingling of fund's provided under
this Agreement,with any other funds, projetts,or programs;, "commingling"of funds is dlst nguishabpe,
from "blending'of funds specifically allowed by law,
K, If'Suabrecitpl nt c,am,min les Agreement funds, DEO may, in its Wle discretion,terminate this Ailreenvent
for cause and derrrarnd an inarri,e:diate refund, either in whole or in part, of all funds provided to
5ubrecipiernt up-idler this A,greeiment, ubrect,pient. upon such written notification from DF0 shall refund,
and shall pay to I EQ the amount of nioney demanded tay DEO in accordance with section 20,
Repayments,ref this Agreement.
L. It, DEO, in its sealer discretion, deterrrnines that Suabrecipirint has expended funds gander this Agreement
not in accordance with applicable federal or state laws, regulat;ionsfi pOic0,s, or guidin,ce, inckAdin , but
not limited to, disallowed costs, Subrecipient is liable for and will repay all such furids to FO% Srauh
repay'naent shalt,be from farads ether than those received under this Agreement or rather federal awards„
subavwards,allc to°rents, or funds (i-e-nogg-federal funds)and in accordance with section 20, ttrrpaVr aerits,.
of this A,pareernent-
FISCAL AND ADMINISTRATIVE O TROL
A. DEO will provide funds to the Subreciipient by issuing NFAs through DEO's financial management
information system. Each NFA" may include t FA Attachrnaents that incorporate, specific terms„
conditions, assurances, restrictioras, or other uastrbactions applicable to the foods provided by the FIFA,
By accepting funds ~~made available through a NFA, the 5ubrecippiernt agrees to cornpaly with all terms,
conditions" assurainces, restrictions,or other iristrutticins incorporated or lasted in the NFA.
B. the Subrecipaent herby certifies to DEO that written administrative procedures, procewsses, and fiscal
controls are in palace for the operation of LIRIEAP and WAP, or any other program, or project for a hi(h
the Suabrecipient receives funds from DEO- the written adnninistratiwe procedures, processes,and, fiscal
controls dc-scr=ib(,M in this paragraph must, at minimum, comply with applicable mate and federal laws",
rules., regulations, guidance, and the terms of this Agreement. DEO may provpde periodic guid1jpilte, and
technical assistance to the Subrccip ient to ensure corrrpliance with this section.
F DEO will dH trrbuto fiscal and administrative guidance to thci Subrecipient, The Subreciplent will'
implement and comply with DEO guidance. The Subrt.acip ient is responsible for undrvAanding and
i rn pie mentingthe guidance post ed on DE0"swwebrswte-. wag wwv.flori,da ob ,or
D. The Subrecipaierrt will comply with all policies" guidance, plants, or other sirmlar documents nts produced"
approved, or disseminated by DEO, or any other entity whose funds are. ~~jade available to they
Subrecipaient through DEO, These dracutrn,ents will'be~dads available on DE 'S website or distributed to
the Subrecipaient through rather imeans,
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Docu irgn Envelope ID: 92aEFF73-B4C5-4846-A$?O- Q8EE 4P41�
Docu igin Envelope Ira.92€C,FF73-54C5-4046-A579-EOBEF74F413
7, EMPLOYMENT FLI IBrfT'Y VERIFICATION
A. Executive Order 11-116, signed, May 27, 2011, by the Governor of Florida.;. requires `s sub grant
agreements in excess of nominal value, if applicable„to expressly require Subrecipient to:
11) lul ihze the U.S. Department of H rnelan d% Security's L-Verify system to verify the entpioymerlt
eligibility of Al new employees hired by Sulbrecipient during this Agreement term, anti
(2) Include in all subcontracts under this,Agreement, the requirernent that subcontractors performing
work or providing srrvires pursu-ant to this Agreenmnt uatilirz the E-'verify system to verify the
tr?mployrnent eh ibility of all new employees hired by the subcontractor during the terry) of the
subcontract,
I1, F�V rift' is an Internet-b,uase d system that allows art employer, using information repnrterl on all
employee's, Form I- , tnapioyment EIi iEurlrty Verification, to determine the eligibility of call new
ern plttyees frired to w ork rn the Unrted State s after the affective dato of the re qu fired Me raf
Understanding ( U), the responsibilities and elections of Federal contractors, however, may varay as
stated in Article, Il. .Lc.. of the PAW, There is no charge to employers to usu E-Verify. The Department
of HomelandSecurity's E-Vvrdy systlm*m can be found at,
C. If Subrecipient does not have in F-Verify MOU In effect, Subrecipierit shall vrlrrall in the f.,%Verify system;
prior to luring arty new orrlpl VoLb after the effective date of, this Agreement,
g. REPORTS
ubrec pient shall provide DED with all regtiirud reports us set forth in this Agreement and by all
accompanying Attachments t to this A, reemlent,
if art,required reports and copies afe not sr"ant to DE , or not completed in a manner acceptable to DE ,
DEO nlr.iy withhold further puayrnents until such reports are completed or EKED play take other action,
including, butt not hi-nite d, to those described in Paragraph f 13j, Remedies, of this Agreement,
"Acceptable to DE ," rneans thzo the reports sect°re completed, in DEG's sale determination, in
accord anct witra thy=A tt a ch rri e nts of this,,A reement-
Subrecipient shsaII provide;adcfitlori a prograrn updnvs, reports, and information gas reuluested by ELF 0.
,, AUDITS AND RECORDS
k ubrecipient`s perf lrrtrance under this A rreenlent is subject to that applicable recfuirerrierrts published
in the "Uniform Administrative Requirements, Cost Principles and Audit Reuluirernents for Federal'
Awards, 2. Code of Federal Regulations (C.F,ft.) part. 200, hereirlaft, r referred to as the "Uniform
Guidance" and to 45 CFp 7S. If this Agreement is made, with ua commercial (for-profit) organization or)a
cast-rnirrlbursei—nent basis, Subrecipient will be subject to the Federal Acquisition Regulations System
particularly 48,C.F.R. § 312
1 . Subrecipient shall retain ali records pertairring to this Agreement, regardless of the forth of the, record
(e-g- paper, film, recording electronic), indurfing, but Pl t li nlited to tirlancial records, supporting
clocurnients, statist:it al records, and any other documents (hereinafter referred to as 'Records') for a
period of five State fiscal years after al:l reporting requirements irements are satisfred, and final payments have
been receiv d. Subrecipient shall cooperate,with DEO to facilitate the duplication and transfer of such
Records upor5 request of DFO.The five-year period may aho be extended for the forlro ing reasons
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DocuSign Envelope ID,r 20EFF73- 4C5-4045-F4579- O8 74F41
tau ru a m pmaaV l as rt ult;r l' :r 4e r� -.45 9 r L r E7 iF r
(1) if an audit has been initiated and audit findings s have not been resolved at the end of this fiv(.-year
period, the Records rarrurst be retained uanttl resolution of they audit finclirs s through fiti ation or
otherwise
¢2) if any litigation or claim is started before the Five-year period expires, and extends beyond the five-
year period, the Records must he retained until all llitigation and cl��ims involving the Records have
been, resolved,
( .( Ru cords for the disposition of non expendable personal property valued at five thousand dol[ars and
wart curets (S5,000 00) or more at the t1me it is acciuired raaList be retauined four fWe years after final
disposition,
(4) Records relating to renal property acquired must be retained for five years after the closing can the
traa.nsfur of titIe9.
(5) Any additional Federal requirements, pirticualarly those identified in the accompany[ng Attachineents
to this Agreement.
uubrecipient shall maintain all records for all subcontractors to be paid train funds provided under this;
Agreement,including docurruentation of all pro rar>,-a torts, in a form suif ficient to d'e terrnew, compliance
with the requirernents and obfu&ctives included in the [ FA to this Agreement as well as gall other
applicable laws and regulations.
ns.
D. 5ubrecipient shall give access to any of Subrecipients records to representatives of DEO, the Chief
Financial Officer of the State of Florida, theca Auditor General of the State of Florida, the F loricia Office of
Program Policy Analysis anti Government AccountabilAy or representatives of the FederaI government
and their duly authorized representatives for the purposes of conducting audits, examinatiom,
investigations, or rina ing,,excerpts or transcriptions,
E, Subrecipient may, per Rule d.B- 003( )(a), Florida Administrative Code, allow Its public records to be.
stared'through electronic recordlreeping systems as suubstituules for the original or paper COP .
Ea Subrecipient shyrall maintain books, records, and documents in accordance with gerieratly accepted
acrCountijng principles and practices which sufficiently and properly refluct all expenditures of funds
provided by DEC)under this A re rnerit:.
Records pertaining,to this Agreement must her a'vaaitable at reasonable times for inspepcticia, review, or
audit by State personnel and other persons authorized by DEQ. "'Reasonabli?" means norn'aaal businims
hours of 13;00 a.m,:to 5:00 p.m-, Racal time, fwslonitiy through Friidly,
H, If ;uubtecipierat"s xpiencditures of State financial assistance and Federal,awa rd5 during its applicable Cisc,al
year(s) require it to conduct a single audit in accordance with section 715.97, F, , or 7 CFR 200501 and
the threshold amount identified therein, such audit will comply with all applicable r quairu mums of
E hitrrt 1 to this Agreement, siectican 73 ,97, F,S,, and the Unifoa° l Guidance- as apaplrcatale, zinc!
u breciphaent shall uensurre that all related party transactions are disclosed to the auditor,
t® Sularecipiuent shall include the aforernentioned audit and record-keeping rt: vire me nts in ail
subcontracts and assignments,
J. Siubrec[pient shall have each required audit completed' by ail independent certifieed public accountant
(IPA), neither. a certified public acc,otint�ant or a public accountant licensed under chapter 473, F,&, and
egynsure that all related party transactions are disclosed to the auditor.For thae IpA's audit to be sufficient,
it must stag that the 5urbrecipier°ut complied with this appalicaable provisions noted in Exhibit d to this
Agreement.
Kt the reporting packages for required audits must be theriely submitted in accordrancr, with the
requirements of Exhibit-1, ,audit Re uirements, of this Agreement and the applicable laws„ rules ,and
regulations referenced therein. The requirements of 2 C.F.R. § 200.512, Report Subanssion,, are
applicable to,audits of Federal awards conducted in accordance with Subparagraph( )(l-d(a bove..
L If an au iit, monitoring visit, or other documentation or verMable information shows that all or any
portion of the furnd's disbursed were not spent irr accordance with the conditions of this Agreenle;nt or
applicable regulations,Subrecip tint shall be held liable for reirnburserne ut to DE, Such,reimbursement
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DocuSign Envelope ID,820EFF'7�A4C64P4,5-M70-P-OaC�74F413,9
shall be sent to DEO, by Subrecipient, within thirty calendar days after FIFO has notified Subrecipierit of
such no n-com pi 1 a nce,
M Within sixty calendar days of the close of Su brec i plent's fiscal yea r,on are an nu a I basis,Su b recip ient shall
electronically subrinit a completed Audit Compliance Certification fa, version of this certification is
attached hereto as Exhibit 2, Audit Compliance Certification, of this Agr(,mi-nent) to
oudit4deo.mlyflorida-com, Subreciplent's firnelly submittal of one Completed Audit Compliance
Certification for each applicable fiscal year will ful,fill this requirement Mriin all agreements (e.g.,
contracts, grants, rnerriolrandi.,nyts,of Understanding, rriernorandurns of agriverrient, oconornic incentive
award agreements, etc.) between MO and Subrecipient,,
M 5ubreclIplent shall
(1) maintain all funds provided under this Agreement in a separate bank account; or
(2 j Subreciplent's, accoonfing system shall have sufficient internal, control's to separately track the
expenditure of all: funds from, this Agreerrient- There shall be no commingling of funds provided
LlAi,der this Agreement, with any other funds, projects, or prograrns� 'commingling" of funds is
distinguishable from"blending" of funds specifically allowed by law- DEO may, in its sole discretion,
disallow costs made with care miry funds arid require reirinburS,Vrnent for such costs as described
hereiri above, in subparagraph (5)�L).
10. MONITORING
A, Subrecipient is responsible for arid shall rnoni,tor its performance under this Agreement, Subrvopherrt
shall] monitor the performance of Its contractor,5, consultants, "Ilgents, subcontractors and th,c, like, who
are paid froirri funds provide d under thi m s Agreeent or acting in funherance of this A m greeent-
11
8, In addition to reviews of audits conducted in accordance with Parapgraph 10, of this a g,r,(
moruto6n-, procedures may Include, but are not liobted to, on=sRe visits by DEO staff, lim.fted scope,
a udi ts: a ri d ot In c,-r In roced u ry 5,
C, Subreripient and its contractors shall comply with the most recent pro rani specific morittori,rig
protocols or field manuals, pfoOded to Subrecipient and available upon request from DEO, and
coopvraw. with any monitoring pracedures/processes deemed! appropriate by DE10., In the event that
DIED determines that a limited scope review Of SLIbrecipient Is appropriate, Subreripient shall co,nnpiy
with all additional' instructions provided by DEO regarding such review,
D, Subrecipipri-it, shall comply and cooperate with any Inspections, reviews, Hivesfigationne,, audits, or
hearings deern ed necessary by OLD, the, State of Florida Chief Financial Officer, the Slate of Florida
Auditor Gerivral, in accordance with section 20.05,5(5), F-S_ any authorized representative of the
awarding FodeFal agencies, the ail- - Department of Energy and the U, 5,- Departrnerilt of Health and
Human Services, the 11-1,51, Government Accountability Office, or any aut I horimd reprewmative of those
Federal agencies' respective Federal Offices of the Inspector General
117 Subrcrcipient shall cooperate with DE O and the Federal awardmg agencies to assist facilitating any
monitoring visits conducted by DEO or the Federal awarding agencies, DLO may conduct monitoring
visits at As determination and in its solkdii5cretion or as required by the Federal Funding Agency.
11. INDEMNIFICATION; INDEPENmu'r CONTRACTOR STATUS
& Unless Subrecipient is i state agency or subdivision, as defined in section,769.28f2ji, Subrecipient is
fully liable for the actions of Its agents,ernployees,partners,or subcontractors,and shall fully indemnify,
defend, (wid hold harmless the State and DE , and their officers, agents, and ernp[oyees, from suits,,
actions, damages, and costs of every name and description, including attorneys' fees, arising from or
relafing to personal injury and darn agic to real gar personal tang[,'ble, property alleged to be caused in,
whole or in part by Subrecipient, its agents,employees, partners,or subcontractors, provided, however,
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aowSign Erne lopes ED,820EFF73- rC5484 -A57!�- OBEE14 4i 3
L ocu ign Enwtfte i s 1a'2fit_p°E°13-04 ep54 B46—Ab-MEURE U 704139
that Suibrecipient has no affirmative duty to indernnity for that portion (if any loss or darnaagers
proximately caused by the negligent act.Of OrnISsrOn of then 5ttia e(jr DEO,
Any Subrecipient urahleh is a State agency or subdivision, as defined in section 76 18(2), lw. ,„ shiaR be
fully responsible for its negligent or tortrciu5 acts or omissions which resolt in claims or wits apf;ahrist DEC,
and shall be liable for a ny dariiapfes proximately caused by its as far o is0ons to the extent set forth in
section )68.28, p: . Nothing herein is intended to serve as, a waiver of sovereign inirrunity by aray
Subreeiprient to ara'hich sovereign immunity ty applies, Nothing hrerein may be ctinstruedl as consent by a
State,agency or subdivision of the State of Florida to be suedl by third parties inn any matter arising out
Of any contract.
. for purposes of this Agreement, Subrecipient is an independent contractrar and is meat an employee or
agent of DEO, DEO shiall neither h;avL, not exercise any control or direction over the rnethods by which
ubrec.iparent shall perform its work and functions either than is provided' herein, Nothing in thhis
Agreement is intended to or may be deeriled to constitute a partriership of jorrit venture between the
Parties, Subrecipient shall nol represent to others that,as Suabreu ipient, it has than authority to bind DEC
unless sp( ifica11y aUthOriZed to dos . Subrecipi,ent shall act as necessary to ensure that each;
sir contractrar is deemed to, be an independent contractor and will not be considered or permitted is
be an agent,servant,joint:venture,or partoret of DED or,t:hic.State of Florida, OEO shall not be responsible
for withholding,taxes vi iJitha respect to Subrecippi,ent's compensation hereunder, Subretipient shall have
no claim against DEO for vacation pay, sick heave, retirement benefits, social security, workers'
corrifrensation, Health;or disability benef Its, reompioyruent asshstailce be~nu its,or employee ben . its of
any kind, Surbrecipaieent shall (,,m4irc that its employees, subcontractors, and other agents receive
benefits and, necessary insurance ¢health, workers' compensation, reemployment assistancebenefits)
from an employer other than the State of Florida. Subrecipaient; it all Woos during the Agreement,must
comply with the reporting and reerniployrnent assistance:contribution payrrient;re quiire:nients rap chipate r
443, F.S.
if any of they following ev nt% occrar ("Events of Default"), DEO shall have the, right to trri-ainato fIurth r
payment of farads. Linder this ALEreernent, and DEO tnay exercise any of its rorriodies sort forth it Rara raph,
13 of this Agreernent. However, DEO may rriak€: payn-tents or partial payments after any Events of Default
vvithrout waiving tire right to exercise such reirnedies and without becon'Ning liable to make any further
payrnentn
Aa, [if any wear r'anty ur`representation Made by Subreciplent it the; Afire ernent, or any previous agreement
with DEC is, or beror'ries, false or misleading in any respect, or if Subirecipient fails to keep or perform
any of the obligations, ter°eais or cuiv nonts iri this Agreement or any previous agreeTrent with DEO arid
has not cu,irtd th(,mi in tirnely+ fashion, or is unable or unwilling to rueet its Obligations under this
Agreernent,
B3 If material adverse changes occur in the fiiri anci,;al coridit:lon of Subrecipient at any tirine durrin$The tart
of this Agreement, and Subrecipient fails, to cure this adverse change within thirty (30( calendar daays-
fror7i the date written notice is sent by CAE ;:
C H any reports requiTerd by this A reervient have not been surbrnitted to DFOor have haeken submitted with
incorrect, iricoarplete, or, insuafficierit iinforniation, or
D., If Su:brecipient has, faNhed to paerforni and complete in timely fashion any of its obligations Linder this
A reemen,t-
If an Event of Default occurs and DEC parovnies written notice to Subrecipient, DF0 rnay'exercise any one,of
more of the following remedies, either concurrently or rorsecuatiarepy;
Page 7 of 59
1422
Docu ignEnvelope ID: 82,0,EFF7 -84 a-4 46-A57O- OB!EE74,°413
tlracu ign Errwoiope it).020 r F`73 U4C54046-A,579-E UBEE.741-4'I
A. Terminate this; Agreement, id ubrecipient has not cured the default within thirty (3 ) calendar days of
receipt of written notice of an Event of efaiul%
B. Begin an appropriate le al or equitable action to enforce Performance of this Afire rn ni:;
C. Withhold or suspend payment of all, or any part e,f, a request for payrrrerut
D. Exercise arty corrective or remedial act Ions, Ia IncIuide but not be limited to:
1), Request add itionaI information frorrr Su beeci.plent to determine the reasons for or the vxte nt of nori,
compliance or lack of performance,
12) issue a written warning to advise that more serious measures may be takeri If the sit uakion is not
corrected,
j3) Advise Subrecipient to suspend, discontinue, or refrain frorn incurring costs for any i wtjvitic�s in
question,or
$4) Require Subrecipient to reimburse DED, for the arnnou nt of casts incurred for any iterns deterrvilned
to be ineligible-,and
, Exercise any rather rights or remedies which may be otherwise available cinder law.
Pursuing any of the above remedies mill not limift any of DE'. 's other remedlies, eitIrier in this Agreement, or
provided at law or in equity. If DEO waives any right or remedy in this Agreement, or fails to "Insist can strict
performance by Subrecipiernt, it will not affect, extend or waive any other right or remedy of DEO or affect.
the later exercise of the sarne right or rernedy by DED for any other default by Subrecipient..
14. TERMINATION
& DF0 may terminate this Agreement fear cause withe three(3) calendar days written noticr Cause,includes,
but is not limited to: an Event of Default as set forth in paragraph (1 ) of this Agreement, misuse of
funds,fraud„lack of compliance with applicable rules, Pars and regulations,failure to perforrra in a timely
manner, failurre to cure an Event of Default within thirty (30)calendar days from receipt of the notice,
or refusal by Subreeipwrit to permit public access to any document paper, letter, or other nrraterial
subjQct to diselruseire,under chapter 119, fwS.o as amended, The rights and remedies of DEO in thni,clarasaa
are in addition to any other nights and rers,ed ies provided by law or under this Agreement, Suubrecipient
shall not be entitled to recover any cancellation Charges,
, DEO may terminate this Agreement for convenience or when it determines, iri its We di cre'tion, that
continuing this Agreement would riot produce beneficial results in line sifith the furtfrer expenditure of
funds, by providing urf rc,(Jrn(,_,,,nt with thirty (30) calendar days written notice. Suabreci,pient shall not
furnish, any product after it receives the nothce of termination, except as nocesszlf r to complete the
continued portion of this Agreement, if authorized in writing, ubrecipient shall not be entitled to
recover any cancellation charges..
6 The Parties may terminate this Agreement for their mutual convenience through a written amendment,
The amendment shall state the efNctive date$of the termination and the procedures for proper closeout
of thi Is,Agree m P nt,.
0. if DEC) issues a notice of Event of Default,Subrecipient shall step incurring new obligations capon receipt
of the notice. If DEO dieRterrnines that Subrecipient has cured the Event of Default within the thirty-day
cure period,DF0 whll provide notice to Subrecipient that it may resurn,e incurring new obligations, Costs
incurred for new obhi atic,ns after receipt of a notice of Event of Default and until receipt of notice that
it rnaya nesun te, inc.urrin8 new obIr ations will be disillowed, lif this Agreement is terminated) by DEO,
because of u.Ebrecipient's breach, such termination shall not relieve Subrecipiem of liability under this
Agreement, DEO may, to the extent authorized i by law, withtiholid payments to Suabrecipieot, for the
purpose of set-off until the vxact amount of da.mages due DEO from Subrecipient is detetrnined_
lame 8 of 5'
1423
DcicuSign Enwekipe JD� 82O�EFF73-B4G5-4B46.A579-EOBEE74F413-9
DacuSign Envel!Dpe I&82.DC-FF73-B4C5.=4846aA5ug-Et,BEE-74F413,9
15. NOTICE AND CONTACT
A. All no-Oces Provided by Subreciplent under or pursuant to this Agreement shall be in writing,to DEO's
Contr,jct manager. as designated by DEO and clehvered by standard mail or vl(.,ctronic rnzill using the
contact, information provided below-
B. The nanie and address of DEO's Corjtr,,jck M,)n,,3g(,y for this Agreerri,ent is:
Heather McCallister,Contract Manager
Department of Economic Opportunity
Division of Community Development
Bureau of Economic Self Sufficiency
107E.2st Madison Street, MSC 400
l"allahaswe, Florida 3239941,20
[mail,
Phone:850-921-8,289
C. The narne and address of SubrecipPent's, Representative responsible for the administration of this
Agreement is skated 111)Attachrvitmt E,Subrecipient Mforfrpairion, of this Agreen)(,mt.
11 if o dlf ferent ropf esentative or address is designated by either Party after execution of phis Agreement,
notice of the name, title and address of then nevo repre,!,sentative will; be provided as stated in
Subparagraph $15)(A), above.
16, SUBCONTRACTS
A- Subreripient shall not subcontract 'In furtherance of this Agreement prior to recriving DEO's written
confirmation that the proposed:contract iincludes
�1) SubconlrKtor is bouRd by the terms of this Agreement, and each contract and subcontract shall
speci
fically ically include the requirerri,ents set forth in Paragraph (9),Ak a vd � n R d eccrids, surf Paragraph
(19),iiifory7)tjTioii,fleheo,5eondPubficRecords RequirerrPern.5,of ThIsAgreemient.
(2) Subcontractor i's bound by all applicable State and Federal)laws anti)reEuWions;
(3) Subcontractor shall inderrinify and hold DEO and Subiecipient harmless, against atl cliairns of
whatever nature arising out of or related to the contractor's performance of work under this
Agreement, to the extent allowed by law;and
(4) Subcontractor shall disclose to Subrecipient and DEC) if it is on the Convicted Vendor tist ldentifiv,d
in,section 28,7.133(2l, F.S., or the Discriminatory Vendor tist identified,in section 287.1,34(2), VS-
B. For each contract, Subrecipient shall provide a written Aaternent to DE O as to whether that contractor
is a ceilified minority business, as defined in,section 287.094 3, F-S.,
C. Prior to entering into a contract with any contr,&rtor to, be paid from funds from this Agreern,ent,
Subrecipient shall submit to DEC) a completed Certification Regarding DeWrnnent, Suspension,
Ineligibility and Voluntary Exclusion,Attachment 0 to this Agreement.
17. BUSINESS WtTH PUBUC ENTITIES
Subrecipient is aware,of and understands the provisions of s. 287.133(2)(a), F,S,, and s. 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.5:0-
Page 9 of 59
1424
DacuSigfl Envelope Id:820E F7 ad4 -4,B4ra-A579=�OaFF-74F411
Docu igrL Envefte ID:820E FT3.-B4C6.484&A57'9-L�OBEE741A411 all
( ) It is riot engaged in a boycott of Israel„
(3) It its not listed on the Scrutinized Companies sR7rth Activities in Sudan List Or the Scrutinized
Cornpanies with activities in the Iran Petroleum Eruert;y Sector tns:t., created pursuant to s: 215.473,
(A) It is not engaged in business operations in Cuba or Syria.
D-EO may uraaamediagely tebrrrainaate this Aereement of Subrecipient submits a false certification as to the above,
or if Subreciprent is placed on the SCrutinized Companies that Boycott Israel List, engages In a boycott o
hsrael,is placed on the Boutin zed Companies with Activities in Sudan List or they S rutinizcM Corxapanie, With
AnWltieS in the Iran Petroleum Energy Sector List, or has errg a ed in business Operations in Cuba,or Syria:.
18. ENTIRETY AND INTEGRATION
This Atreernent, the NFMs),and any Attachments or Exhibits attached therr4o constitute the complete and
exclusive statement of conditions of the A reen%ent ,and supersecdr s and replaces, any and all prior'
negotiations, understandings, and of reerraen'ntsa whether oral or written, between the Parties, with, respect
thereto, Except as ex:presshy provideA in this Agreement, no. Term, condition, Usage of trade, course of
dealirrp?;or performance, understanding of agreement purporting to modify,wary,explain or supphernent the
provisions of this Agreement shall be effective or binding upon the Parties sunless agreed to in writing,
19. INFORMATION RELEASE AND PUBLIC RECORDS REQUIREMENTS
In addition to Subrecipient's responsibility to directly respond to each request Pt receives for records
made or received by Subrecipient in conjunction with this Agreerrient and to provide the applicable
public records in response to such request, Srubrecrpient shall notnfy DEC) of the receipt and content of
such request by sending an c=-ma l to PFiRegtjp t d'(Lo.rtiyflorida.com within one (t) busin(..ss day from
receipt of such request.
R. Subrecipient shall keep and maintain public records required by F to perform Subrecipient's
r'esponsibi,lives hereunder. Saubrccipient shall, capon request from DEO's custodian of public records,
provide DFO with a copy of the requested records or allow the records to be,inspected or copied within
a reasonable time at a cost that lases riot exceed the cost provided by chapter 119,F.S.,or as rathebr ise
provided by law. Sulrcec pieant shall allow public access to all documents, papers, letters or other
materials mi de or received by Subrecipient in conjunction with this Agreement, unless the records are
exempt from section, 2 �a) of Article I of the Strata? Constitution and sections 119.07(11, F-S. For records,
rnaad'eh Or recoWed by Subrecipient in conjunction with this Agreement,, Subrecipient shall respond to
re Ue'S'S to inspect or e opy s uch records rn accordance with chapter 119, F,S- For all such requests for
records that are public records, as public re,cor ads are defined in section 11 ,0110 F.S., SuYaredpient shaGi
be responsIbie flier providing such public records per the cost structure providecd in chapter 11. „F,S.,aInd,
in accardance with all other requirements of chapter 119, F-S.,of as,otherwise provided by lavj.
Ca This,Agreement raaay be terminated by DEO for refusal by Subreciplent to complly with Florida's public
recards [ass or to tallow public access to any public record evade or received by Subrecipient 'on
tonju ractirin with this Ag reement,
D. if, for ptlrpioSes of this.Agreement, Subrecipient is a "contractor' as defined in section 119, 1(1)(a),
F-S. ("Subrecipient.contractor"j, Subrecipient-contractor, shall transfer to DECK, at no cost to DEi , all
public records upon completion inciluding termination; of this Agreement, or keep and rrraintain public
records required by DF0 to perform the service, If Subrecipient-contractor transfers all public records
to the public agency upon completion of the contract, the contractor shall destroy any rduppicate public
records iha-t are exempt or confidential and exempt from public records disclosure requirements. hf
Subrecipient-contractor keeps and maintains public records; upon conipfetion f the contract, the
Subrecipient-tontractior shall meet ahh applicable requri retrients for retaining public records, All records
Pages 10 of 5
1425
DGOUSign Envelope 10.820EFF7a-FAC54FJ46-A579 EOBEE74F4139
DocuSign Fir lope IQ 820F F F73-W54,B46-A5,79-Eo3EE74 F4139
stored elertrorlically must 62 provided to DEO, upon request from DEO's custodian of public records,in
a fo(mat that is cernpal ible with the information technology systems of DEO.
E, If DEO does not possess a record requested through a public records request, DEO shall notify
Subre6pient-contractor of the recluestas soon as practicable,and Subrecipient-contractor mij,,�t provide
the records to DEO or allow the records to hQ inspected or copied w4hin a reasonable time, if
Subrecipient-contractor does not comply with DE Bs request for records, DEO shall enforce the,
piroviosions set forth in this Agreement, A.Subrecipient-contractor who fails to provide public rucorcI5 to
DEO within a reasonable trine niay be Subject to pprialties under section 119.10, F,S.
F. Subrecipient shall notify DF0 verbally within 24 chrotioliogica,11 hours and, in writing within 72
chronological hours if any data irt Subrecipient's pamess,Jon,related to this Agreenient is subpotinaed or
improperly used, copied, or rennoved (except In the, ordinairy course of bu5iFies's) by anyonia except an
authori4ed mpresurit-ativp of DEO. Subrecipicirtt shall cooperate with DEO, in, taking alll steps as DEO
deems advisable, to prevent misuse, regain possession, or otherwise protect the State's rights and the
data subject's privacy,
G. Subrecipient acknowledges that DEO is subject to the provisions of chapter 119, F.S-, relating W pi,IWIC
records and that reports, invoices, and other docurrients Subrracipient submits to DEO under this,
Agreement constitute public records, tinder Florida Statutes. Subreciplent shall coopen),te with DEO
regarding DEO's efforts to comply with the requirements of chapter 119"F.S.
H. If Subrecipient submits records,to DEO that are corif idential and exempt front public disclosure as trade
secrets or propriewry confidenkial 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 frorin then
requirements,of chapter 119,F,S.,prior to,submittal l of the ro,cord to OW serves as Subreciplent's waiver
of a clairn of exemption, Subrecipient shall unsure that public records that are exempt or confidential
and exerript from FiLiblic records disclosure requirements are riot ffis,closed except as authorized by law
for Vie duration of the Agreernerit ter tri and following completion of the Agreejitent if Subrecipient does
not transfer the records to DE10 upon completion, including termination,,of the Agreement.
r. IF SUIBRECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TOTE AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140o via e-mail
at P'RRequ t@deo mVfl rid a,,com, or by Mail' at Department of Economic
Opportunity, Public Records, Coordinator, 107 East Madison Street, Caldwell
Building-, Tallahassee, Florida 32399-4128.
1. To the p-Ment ollowati[e by law,,Subrecopient shall be fully liable for tho actions of As agents, ernployees,
partners, subrecipients, contractors, and subcontractors and shall fully indertinify, deferid, and hold
harn-liv-ss the State and DFO, and their officers, agents,, and employces, from suits,, actions, damages,
arid costs, of every name and desc6ption, including attorneys! fees, arising from or relating to public
rccord:requests or pubirc record law vilolation(s), alleged to be comit,�d'iri wholv or in pwt by Subrecipient,
its agents, emphiyees, partners, 5ubrecipienT5,contractors,or subcontractors, provided, howrever, that
Subrecipient r does not indemnify for that portion of any costs or damages proximately caused by, the
negligent act or omission of the State or MO.. DEO, in its sole discretion, has the right, but the not
obligation, to enforce this indumnif ication,provillon-
K. DEO does not endorse any Subrecipient, co,morodity, or service, No public disclosure or news relfaa,,w
pertaining to this Agreornent shall be made without the prior written approval of DF0. Subrecipient is
prohibited from using Agreement information, or DEO, customers in sales brochures or other
promotions, including,press releases, runless prior written approval is obtained from MO.'
Page 11 of 59
1426
DocuSi ri Envelope ID:920, FF7�-84 484155-,A 71�- OOM74F41 ag
ObtuSign Ejiv lQpo I0 820t1*nFM,B4054BA6-MMEMEE 14F4139
0, REPAYMENT'S
A. Akhl refunds or repaayrraents to hae made to DEO under this Agreement are to be rriade payable to the carder
of'D,epartrnent of Economic,Opportunity"pity'and mailed directly to DEO at the following address.:
Detiparti-n nt of Eco noruic Opportunity
Division of Community Development
Bureau of Cortir'nurnity A,ssista rice
107 East Madison n Street, M5 Odd
Tallahassee, Florida 3 3 -4120
In aacrordari(:e with section 2:I5 4f 2), F.S., if a check, or rather draft, is r tuarned to CAE 0 for cohlectiicirn,
Subreciplent shall pay to DEO a service fee of fifteen dollars eared zero cents ( 15.00)or five percent (S )
of the face amount of the returned check or draft, whichever N greater:
B. If Subrecipient's non compliance with any provision of this Agr c:menA results in additional' cost or
monetary Boss to DEO or the State of Florida, DEO may recoup that Trask or leas from rrnorai s r wc� d to
5LAbreciPient under this A, reeinaent,or Garay other Agree ment bet:, eern Subrecilaier,t a nd any State°entity..
In the event that discovery of this crest or loss ari,s s when no rrnonies are available under this Agreernent
or.any Bather Agreement between Suhrecipieant and any State entity, S ufarecipient will repay such coast or
loss in full to DEO within thirty (30)days of the date of notice of the amount owrsredl, unless DFO agrees,
€rn writing,to,an alternative timeframe3,
21. WARRANTIlES AND REPRESENTATIONS
A- FINANCIAL MANAGEMENT
Suhrecipie nt warrants that its finuanrcial r`rana r:>rrwrit system 4;haall provide the following,
�1) Accurate, ctirrent'L and complete disclosure of the fi nandatl resualts.of this project or prograrn,.
l, ) Records that identify the source and use of funds for all activities, These records shall contain
inforrn°aatiori pert wining to grant awards, authorizations, olalipptions, urn-cibli aced W14rices, assets,
outlays, inconne, and interest..
( ) Effective control over Land acctaurntahiility for, all funds,property, rind other assets, Suihrecipient shall
safeguard a[k assets and (,,usurp that they are used solely for authorized purposes.
(4), rai'nlaari an of
expenditures Mth budget annou rats for each Request for Payment, Wrienever
appropriate, financial information shall he related to performance and unit cost data.
(5) Written procedures for deu,e~zrrniniln ,whether casts are allowed arnd reasonable unda'rthe provisions
of 2 C-F.R,part 200, as adopted and amended by DOE at 2 U-A, part 910, and 45 CFR 75,
( Coast accounting recordIs that are, supported by backup documentatio n.
B. COMPETILTII N
Sul btr ripitant wMwarrants the foIrlowving:
(1) All p roc ureate pit traans act,ions shall be done in i ri°nanrner to provide open ari(1 freer,, cum pet ition,
J2) Sobreciplent shall be alert to conflicts of interest as 'well as noncompetitive practice, arnaorn
contractors that may restrict or elirninate compaefition or otherwise restrain trade,In order to ensure
excellent contractor perfou-nance, and eliminate unfair competitive advantage, contractors that
develop or draft specif!cations, requirements, stwa'teui(mts of work, invitations for lids, and/or
requests for proposals shall be excluded from competing,for such procurement
page 12 of 4
1427
Ermu ign Enveelape ID:8 r EFF73=B4C5-4B46—A579f ,F-OaEE74 413+q
l3[Cu igrm Errwelope 10,0 0l F F ?07413
( � Awards-shall be, made to the bidder, ear offeror,whose bid, or offer, is responsive to the solicitation
and is most advantageous to SUbrecipient,considering the price, quality; and other factors.
( ) solieitartiorts shah clearly set forth all requirements that the bidder, or offeror rn:east fujlfhhl, in order
for the bid or offer,to beevaicaaated by Sobrecipient.Any and a I I bier's or ciffers,raaayline rejected wwhen,
it is in Su brecipient's interest to do so-
C. CODES OF CONDUCT
ubrecipient warrants the following,
( ) Subrecipient shaall maintain wriitt[":na standards of conduct governing the performance of its
e rn ployee s engaged in the a ward aarad adrruinistraation of c[antrx1cit5,
( ) Nr] employee, officer, or agent shall piarticipate in the s0ection, awir , or i rnirrlstr tion of
r}eratr$act supported by pubtrc grant funds if as reah or apparent conflict of interest would be involved..
Such a conflict would arise when the employee, officer, or agent, aary member of his or her
irraraaeefiaate f 4rriily,hhs rar heryr partner, or an org anixation Mich employs or is about to employ any of
the parties indicated, has as financial (if otfror interest, in the firm selected,fe]r°a n award,
(3) The officers,employers,and agents of Subrecipient shall neither solrot nor accept gratuities, favor's,
or anything(if monetary value f rornv rcanatrictors,or parties to cantracts,
�4) the standards of conduct shall provide. for disciplinary ,actions to be applied for violations of the
standards by officers,employees,or agents of Subrecipient.
. LICENSING ALAI) PERMITING
ubrecipient warrants that all contractors or ernployees hiredi by Subreoplent shall have all current
licenses and permits required uired for aall the particular work for wh ch thr y are hi red by Subrecipiumt,
2.. MANDATED COND1 ONS AND OTHER LAWS
The validity of thais Ag eernent is stilaject to the truth and accuracy of all the infornnat on repreasentatrons,
and materials submitted, or provided, by Subrocipient in this Agreement, in any hater submission or
response to a DEO recluest, or in any subrrrission or response to fulfil] the regoirernents of this
green'em, All sild hnformaation, representations, and materials are incorporated, by reference, The
inaccuracy of the submissions or any material changes may, at the option of DEQ and within thirty
calendar days wanton notice to Subrecip enut, cause the terrain Lion of this Agreement and the. release
of DEU frond all its obligations under this Agreement.
B. This Agreement is executed,and entered into in than State of FlIo nda., and shaali be construed, performed,
,
and enforce in all! respects in accordance with the laws, runes,and regulations of the Slate of Florida,
Each Party shall perform its ob4gations herein in accordance with the terms and conditions of this
Agreement. Withoutlimitingthe provisions of Paaiaagriph (12), MdUlt,thn eruclursiv venue of any legal
or equitable action that aar se,out of or relates to this A neernent shall be the appropriate St ite court in
Leon County, Florida„ in any such action,,.the Parties waive. any right to jury trua1.
C. Any power of approval or disapproval granted to DrD unrler the terms of this A ree.nraent shall survive
the terra of this Agreement,
D� This Agreement may be execrated in any number of counterparts eich of which shall be, an original and
all of which,shall constitute but one and the same instrurment,
, Subreopient shall comply with the Americans With Disabilities Act (Plublic Law 10 - 3b, 42 U� � .
12101, et s rlj. arid the Florida Civil Rights and Fair Housing Acts �seet crm 760.011 —7 0. 7, F.S),which
prohibit by public arid private entities on the basis of disability in employment, public
accommodations, transportation,State and local government services,,and telecornmunications:
Page 13 of 59
1428
Diicu ign En lirape ID: 820EFF73-B4c,6a4 46.A57`9,-EOBEF-7 4F41 f
ocuSicgrt Erlvelmpe its,820EFF73-k34C5484lfl-A57 - O FE741-4t¢3,9
V The State of Florida's per-forma and obligation to pay under this Agreement rs contingent upon an:
annual appropriation by the Legislature and is Subject to any rriodificatpon, in accordance with chapter
216,F,S,, or the Florida Co nstitutio n:
G. ,ill Mils for fees or'other conataer4s-ttiorr for servia;rys or expenses shall be submitted in detail sufficient for
a proper pre-auadrt arid post-audit thererif-
H. Any trills for travell expenses shal,i�be submitted 110 accordance ith section 11 .061, F- .
d. if Subrecip•iernt is allowed to temporarify, invest any advances of funds under this Agri errrent„any interest
income over $500,5hall be returned to DEOas required by 2 CM 00, 05(b)(9,)�
, Subr�ciipiernt is subject to Florida's Goverrnmernt in the Sunshirne Lase(section 28 6.LF11, F.S.)inith vesper t
to the meetings,of Subrechpiernt's governing board to discuss, receive re-corrnmendations, of take action,
required plrrsuant to thus Agreement, or the meetings of any subcurrrrraittee niaking recorrnrnnendatiorns
to the. governing biaard re8 aMing matters pursuant to this Agreemenrt, All of these meetings shall be
publicly noticed, open to the public,,-crud the minutes of al l the meetings shall be public records,available
Eu the public in accordance with chapter 119, F.S.
K. All unmanufactured and rnanufacture,d articles, rrnatcrials, and surpplies which are acquired' for public
use under thm Agreennent 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 crest.
La DEO shall ensure compliance uvithsection, 11.062„ F S., and section 216,347,, F.S. The use of funds urnder
this Agreement for the purpose of lobbying the flnrid,a Le,islaturre, the (udicial btarrch„ or any SOW
agency is prohibited pursuant to section 216,34 70 VS. Subrecipient shall, not, in connection with this or
any other agreemernt va,ith the State, drrectIy0r i ridireCAly;
(1) offer, confer, or agree to confer any pecuniary benefit oil anyone as consnderition, for any State
offwer or errnployee's decision, opinion, recommendation, Wrote, other exercise of discretion, or
violation of a known legal duty; or
(2) offer,give, or agree to give to anyone. any gratuity for the benefit of, or at the direction or request
of,any:State officer or ernployree. For purposes of clause(2), "gratuity"means any payment of more
than norninal monetary value in the form of cash, travel,entertaintrnerit, gifts, rr-reals, lodging, loans.,
subscriptions, advances, deposits of money, services„ ornplrayment, or contracts of any kinds, Upon
request of t1F 's Inspector General, or other authorized State official,Subrecipient:shall provide any
type of informztioo the Inspector General deems relevant to Subreci iernt's integrity or
responsibility. Such information may inchcrde„ bolt is riot limited to, Surbreci ient's, business, or
Financial records, docunrnents, or files of any type or form that refer to or relate to this Agreement.
Subrecplent shall retain such records for the longer of
[a) five years after the expiration of thisAgreement; or
(b) the period requrre.td by the General Records Schedules maintained by the Florida Department
of State available at I=it,o r, �',' •E 6�''r € i `°'iG'� ,:�'.; ' 9'� z ti't.
'-X I O ipl . :I,
+,b.2 I'i:, I
M. Subrecipient shall reimburse the State for the reasonable costs of investigitiorn incurred by the inspector
General or other authorized Mate officiat for investigations of Subreelpiernt's compliance with the terin'ns,
of this or any other agreement between Subrecipient and the State which results in the suspension of
debarment of Subrecipient. Such costs shall include but shall neat be limited to: salaries of investigators,
including ov rtir'ne travel and lodging expenses,:and expert witness and',documentary fees.Suahxrecipient
shall not be respo nsible for any costs of inrve,stigations that do snot resoit:in Sub re 4pient's suspernslon or
debarment:.
Page 1 (if 59
1429
Q,uCuj iqn Envelope ID: 820,EFF733 B 1C5-4B46.A,5713-EOBFC74F413;,
C1,muSiorn Envei pe.Irk 8 OEFF7'- 4C5-da-4fk- li7 - O F,F,7 F41 fi
t , Public Entity Crime: Pursu rot to section 287.133( )(a)"P,S,, a person or affiliate who has been placed on
the Convicted Vendof List fol low in a convictiorn for a paunblic entity crime rnay.not sr,rbmit a bid, pro posaf,
or reply on a contract to,provide arry goods or services to a public entity may not subllait a bid, proposal';
of reply Oil a contract with a public c ntity for the construction or repair of a publi1c building or public
work may not subrmit birds"proposals, or repIfes.on leases of real property to a,public.entity,niay n04 be
awarded or perform work as il contractor, supplier, subcontractor OF ctarnsult nt under a contract with
array pub IIc entity and in ay riot tr,ansaact bu irness with arty paublIc entity ire e xcess oaf thtr threshold amouPit
provided in section 787.017, F.S.„for Category Two for a period of thirty-six (3 1 months from the date
of being placed an the convicted vendor list. Subrecipient affirms that it is aware of the provisions, of
surctirrn 2 ,1.33( }$a), F.SE,:arid that at no time has Subrecipient been,convicted of a Public Entity Crime.
SubrecipIcint shall not violate:such I a w and any canvictfull du ring the terra of this Agreement n'r'aay restart
in the termination of this Agreement in uaccordarace with section 297-133(4), Fm .
. Advertising: Subject to chapter 119, F. , Subreciplent shall not publicly di)s rniflate� Orly klfOrn•a4jtirarn
concerning this reer-rent without prior written approval from MCI, Including, but not hraiited to
mentioning this Agreement in a p(es s releas,or other prornotional material,identifying EiEO or the State
s a reference, or otherwise linking Surbrecipient's name and either a description of this Agreement or
the narriv of 0,10 or the State in any material published, either in parrni,t or electronically, to any entity
that is. neat a Party to this Agreement, except polentiaal or actual authorized distributors, dealers,.
resellers,or service representatives,
p, Sponsrarshipa As required, by section 286.2S;. F.S, if Subrecipierlt. is a nongovernmental organization
whichn sponsors +a psrogfarrn financed wholly of in part by State funds, indluding any funds ob4ained
thnrough ttnis AgFeernent, It;sha,ll,in pubIici�rin o ad'vertisine,or descriEal pig tune sp onsorshni p of the pf og rang,
state: "Sponsored by (Subreci iernt"s name) and the State of Horidaa, Department of Economic
Opportunity" 1f the, sportsrarship reference is in written material, the words ""State of Florida,.
Department of Economic Opportunity' must appear in the same size letters or type as tire rn;arne of the
organization..
Mandatory,Disclosure Rreyurirenne(As:
1,) Conflict of Interest: This Agreement is subject to chapter 112, F,fS.. Subrecipient shall disclose the
name of any officer" drnlector, err+np loyee, of rather agent who is also an employee of the State:
Subfer. plent shill also disclose the ,name. of any State ernployree who owns, directly or indirectly,
more than a fire percent(5 j, interest in Subrecipient of its affiliates,
(2) Convicted 'Vendors: Subrecipient shall disclose to DEO if it is on the Convicted Vendor List:. A persona
or affiliate placed on the Convicted Vendor List following a conviction fora tlublic liruity Crime is
prohibited from doing any of the activities fisted in SurbpaaraSraph ( )(N) above for a period of 3
months frorri the,fate of bring placed an the Convicted Vendor List.
(3), Vendors on Scrutinized Companies Lists: 1f this Agreement is In the amount of one million dollars
and Zero cents ($1,0 ,000.00), or P.more, iri executing this Agreement, Subrecipient. certifies that it
is ,not listed on either the Scfumtinrzed Companies with Activities, in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector tIM, created pursuant to section
215.473, F.S.
aJ Pursuant to section 2 y.13S(S), F..S., DIED rn`nay irnirnnediately terminate this Agreement for cause
if Subrecipient is found to have s,ubnnitted a false certification or if Sub ecipient is placed earl the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities
in the barn Petroleum Enemy Sector List during the term of this Agreement,
(fad If DEO determines that Subrecipient has submitted a false certification, DEO shall provide
written notice to Subrecipient.. Unless Subrecipient derrnonstrates in writing, within ninety days
of receipt of the notice, that f EO's determination of false certification was made in,error, DED
shall bring;a civil action against Subrecipient. if DE 's determination is upheld;the Subrecipient
Page 15 of S
1430
0ocu i ,rr I nvelope Ita; E'74,T-41343
DoCu ign EnveEnpeIra.824TEFF7 - 4G6-4L946-, 7R-E08fE704f739
will be liable for a civil penalty equal to the greater of 'two rraillion dollars and zero cents
1 ,00 ,000, 0) or twice the amount of this Agreienrhent., arid Subrecipient will be ineligible to
bid on any contract with an agency or local governmental entity for three (31 years after the
date of DEO's deterrnination of false certification by Subrecipient,
(c) In thrk7 went that Federal law ceases to i uthori2e the states to adopt ar'rd enforce the contracting
prohibition hdenA.i,fied herein,this provision shall be null and void.
$d) Discriminatory Vrrriders: Saabrecipient affirms that it is aware, of the provisions of section,
2 7.134(2')(a),, la, ., and that,at no time has Sobrraciplent been placed ors thr; Discriminatory Vendor
List. Subrecipient shell not violate Stach law during the term of this Agreement. Subrecipient shall
disclose to DFO if it appears on the Discriminatory endor List, An entity or affiilate placed on the
Di9crUninatory Vendor List p rsuant to section 287.134, F,S., raaay not:
(ra) Submit a bid on as contract to prow'i�dr5 any raods5 rar scrwlck;s tea as public entitya
(b) Submit a bid on a contract with ba public e&nt ily for the construction or repair of a public building
or publrr work;
(c) Serbroit bids on leases of real property to a public entity; or
(d) Be awarded or pr`,�rforrn work as ar contractor, supplier, sefb-conteaartor, of, ronsultant under a-a
Contract w 4h any public entity; or transact business with any public entity.
R. Abuse, Neglect, and Exploitation Incident Reporting: in cornpli,ence with sections 39_7' 1 and 415A034,
F.S., an employee of Subrecipient who knows or has re a,sonable cause to suspect that as child, aged
person, or disabled adult is or has been ,abused neglected, or exploited shall inarnedi ately report such
knowledge or suspicion to the Florida Abuse Hotline by calling 1-800- ABUSE,or via,the web repast ism
option at Ysttp: v�aww� .d f. t lr f l,rasr=.af'rase"r taort7t or via fax at 1-800-914-0004.
. FEDERAL REQUIREMENTS PERTAINING TO LOBBYING
Federal grant funds provided under this Agreennerrt may not be used by any Statbreripient or
Subcontractor to support lobbying activities to iruflueracr� proposed or pending Federal legislation or
appropriations. "this prohibition is related to the use of Federal grant funds arid meat intenderd to affect
an indiazidual°s right or that of any organization,to petition.Congress, or any other level of Government,
through the use of rattier resormrceas(Sec'45 L:F,R, Pirt 3(.
, Subrecipient certifies, May the authorized repres-entative°s signature to this Agreement, that to the best
of its knowledge and belief,.no Federal appropriated funds have been paid or will be paid,by or on behalf
of Subrecipient, to any person for influencing or attempting to influence an officer or employee of as ay
Fed€:ra,l as ency,a Member of Congress an officer or emp[oyee of Congress,or an ernployee of as Memarber
of Congress in connection with the awarding,of any federal contract, the making, of any Federal, grant,
the making of any Federal, loan, the entering into of any cooperative agreement, arid the extension,
continuation, renewal, anaendrnent or modification of any federal contract, grant, loan,or cooperative
agreement.
, If airy funds other thiaan Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence art officer or employee of any federal agency, as roernber° of
Congress, an officer or employees of Congress, or an employee of a member of Congre5s in, connection
with this Federai contract, grant, loam or cooperative agreement, S:ubreciplerrt shall complete and
submit Standard Form-LLL, "DjWlosure Foray to Report Lobbying.
D. Subrecipient shall coaaaply with the requ r'enients of 31 U,S, 1352, and require all subc0r1JraC.tor$ of
subawards (Including subcontracts, sub rants, and contracts sander grants: loans, and cooperative
agreements) to comply with 31 U.S.C. § 13S - In addition, Subreciplent shall ensure that all srrba 'aril's
contain the certification set forth in Subparagraph (23)(d) above and the content of Subparagraph
Page 16 of 59
1431
DocuSign Erwelope ID:820EFF73-B4C,6,-4B46.A579-EOBE-E74F4110
DoctiSigin Enwelope 10 MEFF 73-B4C5-4B46-A67st-E1rrjF-E 70'4139
(23)(C.) above- Su4irecipieat shall require that al!1 Subcontractors provide cwch certifications and, when
applicable, submit the completed Disclosure Forrn to At-port, Lobbying This certification is a Material
repre sentatio n of fact upon which r o I w nce was placed w he n this transaction w a s rria de or V n I ere d into,
Subinission of this rertificatJon is a prerequisite for mak ing or entertrig into this transa
1, -ction,Any person
who rnak(-?5 an expenditure prohibited by Subparagraph (23)(6) or fails to filik, or amend the declaration
required by,Subparagraph (23)�C) shall be subject to a civic Ile nalty of not less,than ten thousand dollar's
and zero cents ($10,000,00) and not more than one hundred thousand dollars and terra cents
($100,000.00)for each such expenditure. and such failure,
24. COPYRIGHT,PATENT AND TRADEMARK
Any, anti all, patent rights accruing, under or in connection with the perfroFmance of this Agreement are
hereby reserved to the State of Florida, Any and all copyrights accruing, under or in connection with the
performance of lhi5 Agreement arehtreby transferred by Subrecipient to the State of Florida-
A. If SubrvcipieM has,a pre-existing,patent or copyright,Subredpientshall,retain all rights and entotlement.s
to that pre-existing patent rlr copyright unless this Agreement provides otherwise.
11. if any discovery or invention is developed in the course of or as a result of work or servilces perf(Juned
tinder this Agreement, or in any way connected wi0ri it, Subrecipient shall refer the discovery or
invention to DE O for a deterroination whether We State of Florida will seek patent protection in its name,.
Any patent rights accruing,under or in rurtnection with the perforroarice of this Agreement are reserved
to the State, of Florida, if any. books, manuals, films, or other copyrightable material are produced,
Subrecipient. shall notify DEO. Any copyrights accruing under or in cortnection with the performance
Linder this Agteernerit are transferred by Subrecipient to,the State of Florida.
C Within thirty diy5 of execution of this Agreement, Subred plent shall disclose MI intellectual properties
relating to the performance of this Agreement which fiery or she knows or should Rnow could give rise to
a patent.or c o pyrright. S u b reo pi ent s ha I I retar n a I I rights a n d entitlements to any pre-e x Isti ng i,nte I I ea u a I
property Mitch Is so disclosed. Faijurr° to diwlo5c� will indicate that no such pooperty exists. DUO, shall
th(,m, tinder Ptiragriph 8, have the right to all patents and copyrights whi0 accrue during perforrrra.nce
of this Agreentent.
25, LEGAL AUTHORIZATION
A. S1.1brecipient cwtifies tbiat it, has,the legal authority to receive the funds under this Agreerrient and that
its governing body has authorised the execution and acceptance of this Agreernent. Subrecipir,,-M also
certifies that the undersiped person has the author Ry to legally execute and bind Subredipient to the
terms of this Agreement
13, Prior to execution of this Agret�?rrlent, Stibreciplent shall disclose all prior or on-going civil or criminal
litigation, investigations, arbitration or a,do'ni oils t ratJvQ proceedings (Proceedings)involving Subrecipient,
(and each s u bco n t r act or) ire as written statement to DE O's Contract Manager, 1h ereaf tp r, S ubre ci p i ent
has a continuing, duty to promptly disclose all ProceedjnR5 UpOn occurrence. This duty of disclosure
applies to Subrecipient's or subcontractor's cifficers and diffectors when any Proceeding relates to the
offic r or directors business, or financial activities. Details of settlements, that are prevented from
disclosure,by the tern-iis of the settlement may be,annotated as such.
26. PUACHASM'G
Paco 17 of 59
1432
Dacus ign Envelope Ifs""82DEFF73-B4G5-4846-A579,E.OBEIE74F4139
DociiS n Envigh3pe Its.820EF1`73- C5-4 6-A57'1l_F0 FE74F41
. Prison Rehabilitative Industries and Mversified Enterprises, Inc (PRIDE); In accordance with section
946,515(6)o F,S., if a product or service re uirer fear the peyrforrtaance of this Agreement is cer"tefled by or,
is available from PRIDE and has been ap roved in aecord'aince a ritha sectr n 4 .S15�2), F. .„ the. following
statement applies,:
IT' IS [EXPRESSLY UNDERSTOOD AND AGREED THAT ANY A'aRTICEES WHICH ARE THE SUBIE'.C"I 1=", OR
REQUIRED TO CARRY OUT, THIS C fNI RAC I'SHALL LAC PURC14A,SED FROM THE C RPORATI IN IDEINTIFIEI7
UNDER.CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH! IN
S ECTIO IN 4 -515S 2) AIN0 (4), f,Sa 0� AND I,Csft PUIRP05ES OF TH15 CONTRACT THE PERSOIN_, F I RM, 0 R
OTHER BUSINESS Tit Y C RRYIN(a OUT 1HE PROVISIONS OF THIS CONTRACT SI-AtL RE DEEMED,TO BE
SUBSTITUTED FOR THIS AGENCY!INSOFAR .AS DEALINGS WITH SUCH CORPORATION ARE, CONCERNED,
The above clause is not applicable to suta,cnntract rs unless otherwise required by law.Additional
inforn-iation about PRIDE and the products it offer, i�availa bkI at
B. Products ,Available frorn the Blind or Other Handicapped (RESPECT)- In accordance with sector
411036(3), F,S�, if ra product or s�ervicv required for the performance of this ,Agreement is on the
procurement urement lisp established pursuant to section 413.035�2), F..S , the frallr� irtE�talerrtat}iat aL�lalies;
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THIS UBTI :T OF, 08
REQUIRED TO CARRY OUl, THIS CONTRACT SHALT. ICE PURCHASED FROM, A NONPROFIT AGENCY FOR
I'liff, OUND OR FOR TIME SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT 'TO CHAPTER 4,1 ,
FLORIDA STATt)TES, IN THE SAME MANNER AND UNDER°I HE SAME PROCEDURES SET`FORTH IN 5rC11ON
1 .0TFa(1}AND (2), FLORIDA SIAW'IfS AND I'OR PURPOSES OF THIS COgNTRACTTHF PERSON, FIRM,
OR OTHER BUSINESS ENTITY CARRYING,OUT THE PRO ISI N,$OF THIS CONTRACT SHALL RE DEC ME LT h t 1
Elf; SUBS I.T.UTE1.) FOR IIII?m TAl[ AGENCY INSOFAR AS DEALINGS wiLH SUCH QUALIFIED NONPROFIT
AGENCY ARE CONCERNED.
Additional information about the designated noriprcafit agency and the Products it offers is av ai4 able at
C.
SubreciL lent shall procure any rocycled products or materia Is which are the subject of or are required
to ci rry out this A Ereenaent in accordance with section 4033,065, F.S.
3„ SEVERABILITY
if any preavhs on, [in whole or in part, of this Agreement is field to he void nu unenforceable by a court of
competent juritiduction, that provision shall be enforced only to thue extent nt that it is not in violation of law or
is not otherikke ur7enforcea,blIe, and all other provisions resrnain in full farce and effect,
, STATEMENT OF ASSURANCES
A. I WERE ST Of CE TAbIIN FE E A,L OF EllCJAI,LS
No member of or deheRate to the Congress of tI°ue United States, anal ream Resident Cor ,niksioner, shall
e admitted to any sli areh or Mari of this Agreement or to any benefit to arise from the sane,
INTEREST OF MEMBERS,OFFICERS, OR EMPLOYEES OF SUBRECIPIENT,MEMBERSOF LOCAL
tiOVE FINIIN'G BODY,OR OTH ER PU BLIC OFfI CIA iLS
No mernber, officer, or employer., of Subr "ripient, or its delegates, or agents, no member of the
governing Frady of the locality In which the program is situated„ and no other public: official of such
Page 18 of S
1433
ana rgn Fnr i e Ida; 8, 0EFr-7 .84C6-4B4fa= 79^tE BEE?4�413r)
locality or lcfcalrties who exercises Any functions or responsibilities with respect to the program during
his tenure or for carat year thertm ter,. 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 assisted
under, this Agreement, u brecipient shalh incorporate or cause to he [Incorporated in all such
Agreements, a provision pro I bit in such interest pursuant to th e,purposes of this subsec:t10n-No boars
nseirTib,(ir,officer of.cempl y ee will be,pe rmiite d try reco1,,vc any remuane cat ion or gift in any amount.Board
mv?,mbers may receive travel expenses in accordance with section 11 -0,61, F-5-
C. NEPOTISM
ubreciplent agrees to be bound by the provisions of sq r.tOi n 1 f2.31 5, F.S,, pertai�,ning to nepotrsm in
its perfcarrnance undor th i ey Ag rip ernent,
29. ATTACHMENTS AND EXHIBITS
AIt valactrrnerats And exhii, its to this Agreement are incorporated as if set swat f'Lilly herein.
B. In the event of any inconsistencies or conflict between the l:araguage of this Agreement and the
<amachrinerit&, the language, of the Eattrac hrrie rlt4 shall control, but only to the extent of the confllict or
inconsiste.c ,
e This.Apreernent has the following attar imer%and exhikaits:
Exhibit 1 —Audit equrrer aga`at
Exhibit 1-A®- Funding ourcec
Exhibit 2 ,Audit Coni lrar`ce Certificatiori
Attar_hn,tent -1 Lowy-iraraearrat; Horne Energy As ista nce Pro rganl Scope of Work
Attachrnanr t A-2 —Wootherizati n Assisttiance^Pro raai Scope of Work,
Attachment 8—Certific;ation Regarding Debarment:
Attachment E ea Justification of Advance
Attachment D®Property ,3nagernent And Pro,curen'ieriA
Attachrrien(E d 5 ubrecipient I n f o roaation
Attach`in'went F m Transparuncy Ff:cgvirements
Yh e remainder der of Ihis,p a e is ari ten tionali le,t blurs -
Page 19 ref 59
1434
DncuSign Envelope 1t3 820EFF73-B4C5-4&46-A579-EOBEE74F4139
DOMS0 Envelope 10.d2fFF734MC64846A570*WE74F4139
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUllGRANT AGREEMENT
SIGNATURE PAGE
IN WITNESS WHEREOF,by signature below,the Parties agree to abide by the terms,conditions and
provisions of the Agreement.
SUISRECIPIENT STATE OF FLORIDA
MONROE CO ,FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
BY: sy:
1
(Sig turey
WW
En Fri Low +Mlle.- Dane Eagle
(Print/Type Name and Title here) Executive Director
Date:it IXrIP1 a-1 Date: 3/16/2021
Approved as to form and legal
Federal Identification Number sufficiency,subject only to full and = =
proper execution by the Parties.
073876757
ram}
DUNS Number Office of the General Counsel
Department of Economic Opportunity =
" 'dw CD
Agreement Number By:� � 4 " `r► �,-s
dwhw�usrrrr- r
3/12/2021
_�
fJ'T''►��''rm� EA7�M EY Approved bate:
ASSI P
RNEy SIGNED BY:
4/6121
a NAME: Michelle Coldiron
KEVIN MA OK,CLERK TITLE: MAYOR
DATE: Aril_21,2021_�BOCC ratified)
As Delfuty Clerk
� ,.
T Page 20 of 59
1435
Docitaign Envelupe ID:820EFF73-B4G&-4B4&-A'579-EOBEE74F4139
DocuS5gri Envelope 10:8,20EFF73-B4C5-4B48-A q-EOBEE?4F4159
EMBIT I
AMMMIE&MM
The administration of resouarces awarded by the Department of Economic OpportLinity (Department or Df,,O) to,
the Subrecipient may be subjlect to audits and/Ior monitoring by DEO, as described in the Are and as
described further in this Exhibit- No provision of the Agreement is intended to limit the terms ofthis Exhibit, and
no provision, in this Exhibit is intended to firnit the terms of the Agreement, The term "contract," as us,ed
throughout this Fxhiblii,means the Agreement,and any individual subaward granted to the S,u4reidpient through
a Notice of Fund,Availability(MIFF).
in addition to reviews of audits conducted in accordance with 2 CFR 20Q, Subport F - Audit
Requirements,and section 215.,97,Florida Statutes (F-S..),.as revised(see AUDITS below),monituring procedures
may Include, but not be lIrnited to,on-site visits by DE O staff, lirnited scope audits as defined by 2 CFR,§20,0A 25,
or other procedures, By entering into this agreement:,the Subrecipient agrees to comply and cooperate with,any
monitoring procedures or processes deemed appropriate. by DEO, In the event DIED determines that a lira ted
scope audit of th e 5 u bre a p Ien t is.a,pp r op r I ate,the S u bIrec 11)ie n,t a gr ee s to co in p I"y w I t h a ny a d d 11:ib n a 1 instructions,
provided by DEC) staff to the Subrecipient regirding such audit,The Subrecipient further agrees to,comply and
cooperate with any inspections, reviews, investigattons, or audits deemed necessary by the Chief Financial
Officer (CF,'O) or Auditor General,
PART I: FEDERAM FUNDED
This part is applicable it the Subrecipient is a state or local government or a nonprofit orga,nization as defined
I ri 2 C r R §."?,00,90, §2 C 64, a n d §2 00.70,
I: A Subr(aciprent that expends $750,000 or rnof e in federal awards in Its fiscal year roust have a single or
prograrri-specifit audit cor-Our-ted in accurdance with the provisions of, ? CFR 200, Subpart F - Audit
Requirements. In determining the federal awards expended in its fiscal year,the Subrecipient shaill consider
illsources.of federal awards, Including federal resources received frorr'i DEO. The determination of amotints
of federal a° ards. tAizpuaruciutd should be in accord'an,ce with the guidelines established 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 requirenients of this Part-
2- For the audit requirements addressed in Part 1, paragraph 1, the Subrecipierit shall fulfill the requiremcmts
relative to auditee re5pans,ibilit ies pis provided in 2, CFR §12W508-512,
3. A,Subrecipient that expe.nds less than $750,000 in federal awards in its fiscal year is not required,to have, an
audit conducted in accordance with the provisions of 2, CFR 200, Subpart F - Audit Requirements, if the
Subrecipient expends 1'ess than $750,000 ir) federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR 2,00, Subpart F - Audit Requifernents, the cost ref the
audit must fie paid from non-federal resources(Le-, the cost of s,ud.1 an audit must be paid from Subrecipient
resources obtained from other than federal entities)
PART fl: STATE FUNDED
rhis part Is applicable it the 5ijbrecipierit is a nonstote entity as defined by Section 2 IS.97(2), Florida Statutes.
L In the event that the Subirecipient expends a total amount fif state finanrialassistance equal to or In excess
of$750,000 in any fiscal year of such Subrecipient(for fiscM years ending June 30,2017,and thereafter),the
Subrecipient must have a state single or project-specific audit for such fiscal year in,accordia rice with secticin
Page 21 of 59
1436
Docu i n Envelopes Its: 820EFF73-,B4 84 -Ar>79-E0t3��74f41 9
215V, F,S.; Rule Chapter 69[=5, f„A, ,, State FinancialAssistance;and Chapters 10,550(local overnment"ll
entities)and 10.65O(nor pproftt and for'-prof it o,gaanizatrons), Rulris of the Auditor General. EXHIBIT IBIT 1 to this
'form lists the state financial assistance awarded through DEO by this a roornentn In dvterrnining thlo state
financial assistance expended in its fiscal year, the Strbrecippient shall consider all sources of state financial
assistance, including state financial assistance received from DED, other state agencies, and Father nonslate
entities,. Male financial assistance dotes riot include federal direct or Bass:=throuplhp awards and resources
received fry a rncinsta,te entity.for federal parogrim matching requirements,
2 For the audit requirements,.addressed in Rare 11, paragraph 1, the Subreriplent shall ensure. that the audit
complies with the requirements of section 21 ,91(8), FS. fhis NoClUdes submission of a finanual reporting
package as defined by section 21 5,9'2(2), F,5, and Chapters 10,550(local governmental entRies)and 10,650
(nonprofit and for-profit of aanizations), Fluffs of the Audotor General.
If the Subrecippient expends less than $Y5F1,000 in state financial assistance in its fiscal year lior fiscal years
ending .tune 30, 20,17, and thereafter), :era audit conducted in accordance witfa the provisions of section
21S�97, I .S., is not required. If' the Subrecipient expends lass than $750,000 in state financial assistance in
its fiscal year and elects to have an audit conducted in accordance with the provisions of searon 215.97,F',S.,
they r crst of the audit Mast be pa id from the non S tate ntltV5 resources f i,e., the cost of such art audit must
be paint from the Submcifaient`s resources obtained From other than state entities,)-
PART III;OTHER AUMT REQUI11REMENTS AUDITOR WORK,PAPERS ON INTERNAL CONTROLS
The Subredppient will obtain this intff nal control Work papers frorn°n the auclitor�s) pperforrninp its annual
indeprandi,,int, financial statement audit, The Sufarecippient will keep these work sappers onslte as part of their
financial records and will,imake these records available for review by DEO upon,request,The Subrecrpp Brit further
agrees that, uppoei request:, DEO will also be pprovrded othor audit work papers as needed,
PART IV.REPORT SUBMISSION
I Copies of reporting ng p`uackages for audits conducted in accordance with 2 CFR 2 a, Subpart. F - Audit
Requirements, and re upred by fart I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the Subrecippfent directly to. the Federal Audit Clearinghouse (F C) as provided in 2 CFll
The F C s websFte(provides a data entry system and required forms for submitting the single audit repporting.
package. Updates to the location of the F C and data entry system rntay be found at the fpMA wwebsite,
Copies of lornailcial reporting pparukages required by Fart II of thps forte shall be submitted by or on behaff of
the ubr°ucipit�,,nt rfrruy t( to rsa,hi of the followrrrpg.
;r DEC# at each of thre fol[owing addresses:
Electronic copies (preferred): or Pap er (I•uardcoppy):
gar I'm 0 epart ent EconomicOIpporturiity
._ a.. 15C#75, Caldwell Building
1107 East; Madrson Street.
Tallahassee. Fl 239,9.-412
h a The Auditor' en rah's Office at the folil wing address:
A uditof General'
Local Government Audits/ 42'
Claude fuepapier Building, Roorn 401
111 West Madison Street
Page 22:of 59
1437
DacuSign Envelope ID:82giE,FF7a-B4C5-4B46-A579-EOBEE74F413:9,
oocri,&gn Emelopa 10 82OEr-F7,3-B4C54B4,CA�79-EQ13EF74F4139
Tallahassee, Honda 3239,9-14,50
The Auditor General's website (https://flauditor,,gov/)provides instructions for filing an electronic copy of
a financial reporting packa6e,
I Coples of reports of the management letter required by Part It[, of this form shall be submitted by or on
behalf of the. Subrecipient direalA to:
Electronic copies (fircferred) or Paper(hard copy)-.
Depa rtment Fronarnic Opportunity
PO SC 415,Caldwell Building
107 last Madisoi,i Street
Tall�ahassee, FL. 32,399-4126,
4, Any reports, ntanagenlient letters, or other inforr-nation required to be submitted to DEO pursuant to this
agreenlent.shall be subtnitted timely in accordance with 2 IFIR§200=512, section 215.97, and Chapters
10,550(local governmental entitie.5)and 10.6SO(nonprofit and for-profit organi.7ations), Rri[es of The Auditor
General, as applicable-
5. Subrecipients, when submitting financiol, reporting, packages to DEO for audits done in accordance with 2
CPR 2.00, Subpart F - Audit, Requirements, or Chapters 10.550 illaral gov(�qnrrientM entifies) and 10,650
(nonprofit and for profit, organizations), Rules of the Auditor General, should indicate the date that, the
reporting package was delivered to the Subrecipient Pn correspondence iccompanying the reporting
package,
,PART V: RECORD RETENTION
The Subf ecipient shall retain sufficient records demonstrating its compkance,with the terms of this Agreement,
for a perrod of fives(5)years from the date the audit report is issued,or five(5)state fiscal VanTs after a 1,11 reporting
requirements are satisfied and final payarents Five b"m received, whichever period is longer, and shall allow
KO,or its designee,CFO, or Auditor General access to such records upon request,The Suldrecipient shall ensure
that audit working pipers are made available to DEO, or its designee, CFO, or Auditor Genera I Upon request for
a period of five (5)year's from the date the mrdit report is ksued, un[v5s extended in writi,ng by DIE . In addition,
if any litigation, claim, nt?gotiation, audit, or other action involvinE the record's has been started prior to the
expiration of the controlling period as identified above, the records shah be retained until completion of the
action and resolution, of all issues which arise from it, or until the end of the conAroffing period as identified,
abrove, whichever is longer.
Owl of Exhibit 1,
Page 23 of 59
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Docu ign Envelope PD:820EF"•F«7 -B4C5-4B46.A57,9-EOBEE74F'41 9
DocuSig,n Enwelape iD.0-wEl'Fr73-NC6- B413-A57 -E0eEEF F41n
EXHIBIT 1 Ar
FL,fi�I�MI'W 54LfRCES
FEDERAL RESOURCES AWARDED TO THE SUBRECI TENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWINGil
Federal Awarding Agency. U.5. DrvpwarVnent of HeaIth sand ftu m an Services
Low-income Horne Energy Assistant Program (f rrr+krll
Catalog of Federal Domestic Assistance Title. grant),
Catalog of Federal Dome Assistance ISlumb r 93,568
Federal Awarding Agency: U.S. Department of En,rrg
Catalog of Federal!IDome tic Assist Title: Weath-rerization Assistance Progran't
Catalog of Federal Domestic Assistance Number: 81,0 l
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
A GRE E MENT ARE, S FOLLOWS,
Federal Program:
11 Subrecipient shall use,thrn LIFIf;APfunds to provide energy assistance benefits toelh ible households
with low incorne.,°These funds will be expended in accordance with applicab e lava and the terms of
this Agreement, includrn F but not linaiterl to attachraarn.5, capplicablo federal crast principles and
regu1 at ion 5, Arad t h u rno,,t recently approved LlHEAR St ate. Plan,
Subrecipient shall use the WAP funds to performs energy saving repairs and installation o energy
saving naraaserres on qualified sin le-faiinily d ellirip in accordanrceB with 0 attachments to this
Agreement, applicable Uniform Guidance, WWAF1 Proicedures Manual, Field Guides, and the ralost
rece ntly ap prove d WWF P Mate Ffan,
3 Subredpient shaft comply with applicable Uniform Guidance, DEO's WAP requlrernents, and
eligibility requirements as set forth in the U.S. Department of Energy re&lations co:clified in 1 itle
10 of the Code of federal Regulations, part 440, — Weatheriz tion Assistance Pr gram for Loy+
Incrara e Persrarrs:-
TAt TgL,,,T
FOLLOWINGz HE...3UNECIPIENT._PR T TO THIS_AGREEMENT CONSIIST OF T:
Pages 24 of S
1439
Dmu igm Envel rpe ID: a2,UEFF73w C B46.- 57"9®EQBEE7'4F41 9
t mm,S4j n Frrvelope CD, 820 FF73.94 ,5-48446-A579-EGBEE7$kF=41 9
!AAffJJLNfi=RF_SOU,RCE$FOR FEDERAL PROGRAMS,'
Federal Program: f
State Project:
COMPLIANCE E E UI E7 E TSAPPM &T R F A R Ff}_ Lt �3 �� Ei
ARE AS-FOLLOW1,
NOTE.Tilde 45 C.F.R. 75.352 Ind section ��,"�`�� �, Florida Statutes, require that the information about t'�dleral
Programs and State Pfojects included in Exhibit 1 be provided to the Recipitirt.
The remainder Of this'page ag as intrnto,rono Ny left jao7k'..
Page 2s of 5
1440
DocuSign Envelope ID:a2.,GEFF?'3-B4C5-4B46-AS,7'�-EOBF-,E.74F473�i
DoruSign Envelope ID 820EF F 73-,B4 C64 RY413-A5 79-FOBF,F 740,-413q
EXHIBIT 2
AUDIT COMPLIM CK CEBT11M TIM QA
.................... ...............—.......................
Audit Compliance Certification
Email a copy of this f6rat within 60 days of the end of each fiscW year in which this groat was cipe a to
audit @dem ntyifforida.corm
........... ............
Subrecipient-1
FE 1 N, brecip4ent's Fiscal year.
Contact's Name: Contact's Phone:
Contact's ii"irna
................. .....................
1, Did 5ubrc6pi(,,mt expend State finen(Jal assistance, dluring its fiscal year„that it received undlerany
agreement (e,g,contract, grant, mcirnorandurn of igreement,memorandum of understanding,
economic incentive, award agreennent, etc.) between the Subrecipient arrd the Department of Economic
Opportunity (DE )? _ Yes No
if the above RnMel' is yes, anSWef the fo[lowlng before proceeding to dern 2
Did Subrecipient expend $500,000 or rnore of sv,,ite financi-al assistance if rom DEO and all other sources
of state(mancial wssistance comWned)during its fiscal year? _Yes ----No
If yes, the Subrecipient certifies that it will,firnely cornplywith all applicable state single or project-
specific audit requirements of section 2M97, Ficificia Statutes, and the applicable rules of the,
Department of Finantiat Services andthe Auditor General.
2 Did the Subreciplumt expend fedleral awards during its fiscal year that it recorvod,under any igreement
(e.g,, contract,grant, mernorandurn of igreerrien , mernorin,durn of understanding, economic incentive,
,award agreement, etc.)between the subreopient and DEO? ..---'des ---,No
If the above answer is yes, also answe,r the following before proceeding to execution of this certification!
Did the S Li brec i p ie n t v x p e nd 50,000 car mo r u,J n,fed v ra I wards.(from DIFO a n d.ail other sources of
federal avvird5,combined) during,its,,fiscal year? _Yes No
if yes, the Subrecipient certifies that it will,timely car y with,all applicable single or prograrn-specific.
audit requirements of title 2 C.F.R. part 200, subpart F,as revised.
By signing,below,I certify, on behalf ofthe Subreciplentthat the above representations for items,I and 2
are true and correct
Si ;nature of Authorized Representative Date
Printed Name of Authorized Representative i isle of Authorized Representative
Page,26 of 59
1441
l ocu i n 4�nvelrape IQ:820 FF73- 4 a-4B4€t-A579-EOBEE74F413'9
DoctjSign Errve#ape ID-820EFF73-B4C5-484•,-A579-EO8EE74+F4139
ATTACHMENT A
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM
SCONE OF WORK AND lUNDING SOURCES
1. S B E IPIENT RESPONSIBILFTIES
ubre ipient shall -comply with, and if apuplirable shall erasure all, subcontractors'rs' corrap[Jance with, the,
following requairement;s:
A. COMPLIANCE REQUIREMENTS
1) Sub re c ipi e nt:shall us the Ll H L,,AP funds to provide energy a;ssastance benefits to r?l:iflible hoausel ol'als
,with low incur e. 1 here funds will be expended in accordance with applicable law acid then terms of
this Agreement, including, but not limited to attachments, applicable federal Cost principles and
re ulati-ins, and the current LIHEAP State Flan,
( Subrec pient shall comply with all applicable LI,S. Departrotmt Cal Ht�alth and Human Services laws,
iia,clurdir'a , but not limited to,title Q U,S,C. chapter 106, and all applicafale regulations lations asset forth in
title 415 CS',f1. part 15 and part 96, as well as 2, CJ'A § 7515(b) as at relates to 22 U.S.0 710
Prevention of'traffickin g.
. PAYMENT AND DELIVERABLES
SLibrecipient shall be repnibuarsed ro'tontltly for expenditures repooted on its I°,orrthly Financial Activ,ity,
as dri crilaed in this Attachment for strrcosslial cornok,rtiorr of the Deliverable, as sc iely determined by
IJf ,
Deliverable: Direct Client: Service% and Hours of OperMjon
11) Subrei ipient shall provides services to ,a rninirnuarn of one Vrousehold per rraorith in accordanc(,'with
the UH,EAP Anrival Workplan, and section L. and section F_ of this Attachment to this Agreerriient
and shall have its raven adnainistrrative office(s) open for buasiin,ess, with this entrance door ripen to
the public, and at Nast one er°nplrayee9 on site Monday through Friday„ during the hours,of 8:00 a,ni
to 5:00 pm_ This operating hour re uirement dues not apply to Subr cipl nt`s outreach locations
(Minimum Level of Service).
( 1 Subrecrpient shall surbnait a reve aue and expense ense statement suppi r in coasts in sufficient detail' to,
evident,; suach coasts weru alIowable,reosonoblau, aIIocablcf and necessary to sorve eIiglble c Iin nits,.
13) Subirecipient shall each morith subn'alt a Monthly Financial Activity as described In this Attachment
C. FINANCIAL CONSEQUENCES
(1) Failure to succVsslully compfetcr the Minimum Level of Service Isar the above Deliverable, as
determined by DF0 io, its scale discretiori, will re5olt in nonpiayrruent, DEO shall not rr inahurse any
expenditures associated with the Deliverable not accepted by I E , as, successfully completed,;
ho evor, this does not preclude Subr'eciple nit frrarn receiving payment, for such expenditures upon
successful couaapletion of the.Deliverable.
1he Financial aaacial i nscrlorrhraor s identified it°r this Au roe=rifest do not preclude Buhreciplent Iron being
subject t 'Debarment and utspensiion" s prescribed by DE _When a Subrecipient fails to comply
with the terms of this Agreement, a temporary suspension of fundingg for enforcement purposes
rnav be instituted
Page 27 of
1442
DoCuSign Enyetape 10;820EFF73-B4GS-4B46-A579-a .,1,BEE74F4139
Docu&gn Envelope ID 820EFF73-B4C5-4846-A579-EOBEE74F4139
0, DEFINITIONS
(1) "Administrative Expense"—Those costs for general adininistration and rowdinaticizri,of the program,
including direct and indirect coSts, this incl 'e e fringe, rent, utilities, travel', etc,
tid -5 the salaries,
associated with financial and administrative management of the program.
(21) "Applicant"—A person or persons who hirs subrri4ted or requested,an application for services-
(3) "Application I)ate' .- The date tho application is coririploic,d Jwhether by self or with osSistancri),
signed by the Applicant,and verified by Sutrecipierifs staff, This data shall not be changed.
(4) "Application Receipt"—The data an Applicant first submits an application for assistance:
(5) "'Client"—An Appl'icant,household or custorner whose application for assistance has been approved,
(6) "Crisis Assistance" — Assistiincv provirled to an Applicant with no access to, t,)j- in danger of losing
accvs5 to, needed home energy, Subrecipient may prowde up to, two (2) Crisis Assistance benefits
per year,
(a) A maximum of one, (1) summer Crisis Assistance benefit may be applied to a Client's account
during the cooling season,April to September.
(b) A maximum of one (1), winter Crisis Assistance benefit may be applied to a Chent's, account
during the heating season,October to March.
(c) Maybe used to pte-pay hon'te erieppy usage_
17) "Eligible Actions"—All applications for
or Crisis Assistance mitj5t be acted upor!by Subrecipilent with an
Eligible Action taken,to rriediate the crisis within eighteen (18) hours; of Appli,cation Receipt. Ehigible
actions h,wlude:
(a) Approval of application,
(b) [denial of application pending further information,
(c) Denial of application because Applicant is deer red incligib[c,
1d) Cori ta c t u ti I i ty ve n do r to hart power disconnection or interruption i n serwce s; or
(e) Written referral to, along with providing Applicant assistance In contacting, another 1gency if
1-111-11AP funding is not available or the Applicant is inehgib[e.
�8) "Home Energy A5sistan,ce' —As.sistance provided to an Applicant to Fed-trce the Applicant's overall
home energy burden.SUlbrecipientruust providleill least one (11 Home Energy Assistance benefit per
calendar year,
(ar� A Client may not recei;vc� more Than One (1)Horne Energy Assistance benefit per calendar year,
(b) 'The benefit is not contingent upon current or past due amounts and can be used ais a direct,
credit to the Che rit's a cco uln t.
(C) May be used to pre-pay home energy usage upto the amount the Client is efigible to receive,
(d) Must follow the current benefit
it payment:matrix prov ide d by D E 0,
19) Home Energy Crisis'—shall be defined as no access or being in immediate danger of losing acces's
t o,needed ed home energy because of a n y of th e fallowing:
$a) T h e Applicant's home. cooling or heating energy SOU rce has been c u t off,
(b) The Applicant has been notified that the energy source for cooling or heating is going to be out
off,
(c) The Applicant has received a notice indicating the energy source is delinquent Or past due;
(d), The Applicant is unable to get delivery of fuel for heating, is out of fuel, for heating, or is in
dangerI g;
of bein g out of fuel I IF or he atIn i
Page 28 of 59
1443
Docu9ign Envelope Pa:3 oEFF73-E4a 5 &4f-A579-EDBEE7'4F41 9
Du4Lj$'Jqn Enwaruip ID:8 0Ehh7:�-4349C,,�-4 6-A57 - Of3at�E74F41 0,
(e) The Applicant has a bill for which the due date has lapsed; or
M The Applicant has other problems with lack of cooling or heating in the horne, such as needing
to pay a deposit„ ,seeding a repair or purchase of heating or cooling equipment„ or needing
Intu,rIrn emergency measu Ire s to avoid f(Irther crisis..
(10)"Outreach Expenses' — costs. in(urred in delivering t,IHEAP services that are not purely
,ad rrmhi rative in riature- This may include :staff expenses such is salaries, fringe, rent utilities,
travel, etc, for those employees performing Outreach and intake, costs, for advertising, costs for
application supplies and storage of client files::
(11)'Reasorna ale Prormmptt-i ss"'-s M,anw within fifteen( S(working days of Appfication Receipt,
L PROGRAM TASKS & REQUIREMENTS
(1) Subre6prent will administer the UH AP Program in accordance with information and directives
provided in D -issued Information Memorandum notifications., fTEO-issued policy directives (if
any(, and this Agreement,
( $ Subruc paient shall conduct outreach activities designed to ensure that eligible households,,
espy,cI ally households with elderly or disabled individuals, young children, and, those with the
highest home energy burden are made aware of the assistance ravoi able a ndier this Agreement,
( ) Subreripient shall assist urarh Applicant in srmruring help through other community resources when
L[KAla'funds are not available or are insufficient to meet the erne(grenty home energy ,reeds of an
Appticarut.
(4) Subrecipient shall maintain the following written policies;
(a) A written policy that outlines its procedure and requirements for conducting home visits to
horse bound Apaplicaants, especially the elderly or disabled, for completion of time program
application or eiig bi lity determination when other assistance is not adequate,
(fa) A written policy to secure Apmplicarmts'social security nornbers in order to protect th(cir identity,
At a rninirnu m, this policy shol I address thr; handling of both paper and electronic records and
lilt?s. Subrecipient shall, in collecting ppkcints' social, security numbers, tjse the No ice
Regarding Collection of Social Security Numbers. The poor,, shall he signed by the Applicant
arid nm,iintuaIned in the Cli.em, file.
(c) AwrItten policytoassure Ih<at all ener yvendorsto whIch energy assist:arwu pa V roents titre rna,d
comply with the requirer'ytents of section H of this Attachment,
(d) Awritten policyon how to document and verify that an Appficint meets tKe definition of a Home—
prrergy CrisIs and is eh ible for Cris I s Ass Istance,
(e) A written policy to erasure that LIHEAP funds are appropriately budgeted and expended to
sufficiently allow for can r y awsititance benefits in both the he ating a rid coohn serasoris,.
(f), A written policy for detera,lning, Applicant's eligibility for receiving benefits undef the LIHEAP
program.
(S,j A written appeals irmd complaint policy that provW ens an opportunity for a fair adrniniwtFative
hearing to Applicants m Clienis wwhosra .applications for aassr-,:tame are denied or whose
applications are riot acted upon with Reasonable Rromptn,ess.Su brecipient shall post its appeal!
and complaint policy in a prominent place wil4lun ubrecipient's office viewable by all'Applitl is
and Clients
(S) SubrecIpient shall, within fifteen(15)workingdays of thre Application gate;furnish a writt:ien N ratac
of Denial and Appeals for each Applicant denied assistance. At a minimum, the written Notice of
Elenial and Appeals shall contain-
Page 29of 59
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DocuSign Envelope IQ 0EFF7 •Bd-05-tB46 A579-Eo,BEE74F4139
CJarrtrSign Ernw lope 10:B713EFF7 - C��- 846-A 7 -FOREEF F4$3
Cad tame of a pplicant,
(b) Bate ofApplication;
(c) Type of benefit sought.,
(d) Reasonr s)for deaaial'
(e) staterner t on ubre(ip ie ntas benefit limits, if applicabf :;
(f) Statement of appeals process,-
( ) Explanation of the circurnstaances under which the Applicant may reaptaly,
1ha} Explanation of the information or docramentat ron nee t led for the Applicant to reapply;
1 ij Narrnae, phone ranura ber, and add rtus5 appiirablce to the apa pea I paroceass; and
Ij) Nurirfacrr of days the Appli,carat Naas to filar the'appeaL
(6) At a ra°ninirnurri, Subrecipierrljs app pals process rratast provide an opportunity, for an Alap icant or,.
Client to file a written appeal or compalaint with ubrecipierd's Pr ,grim Supervisor within ten ( 0)
working days of rncei;pat of the written Notice of Denial and Appeal:
(a) Upon receipt of a validly filed appeal or complaint, Sobrecip ienit shall respond in writing within
ten, �1 f work,lraf days.
f bj The A ppi it ant Carr Che rit may ap pea 1, Subrecipient's first response onse by f 1 ling its objectioans to tli
response with, tubruciphent`s Director, Executive Director or Board Chair, as apapalicsabte, within
five,15) working days of receipt of the first response.
(c) Upon receipt of 4a validly filed objection to the first response, SUbreciprent shall respond in
armor Ling within ten (ttt)working days, and the response rn st clearly state this fiiri al outcorrne of
tficr appra,al, that: Ore decision is: final, and, if, applicable, the circur•rastance-S under which the
Applicant or Client may re-apply for services.
f i Subrecipaient shall make payrnonts to energy vendors on behalf of rx igible Applicants with the
"highest home energy needs and lowest household income," which will be deterriined' by taking
iinto acecourrt both the energy burden anti the unique situation of 5 ucha AppIicants that results frorn
hawing; members of vulnerable populations, including very young children, the disabled, aril frail'
colder individuals,
ubrecipai rat shall eater into a pn a rani randuraa of tinder htandiripf (fv1OU) with all Wea.therixatic n
s5l stance Pro rarns (WAP) in its service area, The fwt tf will detaid cooperative efforts and! shall
describe the actions, that will be taken by bath parties to assure coordination,, partnership, and
referrals. The Subrr;cip pent shall review,mind, renew the MOM at Fast every five years, Subrecipaient,
in coordination with the local WAP agency, shall develop a system by which LlflEAP Clients who
have received' more than three �3) LIf-HAP benefits in the last eighteen (18) rnorath�, and who are
horneowraers, ire referred to the WAR prownrder, Subrecipient shall' maintain records sufficient to
document referrals
� ) Subre.cipient shall enter,Mtes an MOU'nraaith service area Emergency forme Energy Assistance for the
Elderly Program(EHEA )providers,The Mt`U.wHl ensure roorrdinationof services,avoid duplication
of assistance, and increase the quality of services provided to elderly participants..I lie Subrecipiernt
shall review and!renews the MOU at least every fire ( )years, the mou wili detail hoary LIHEiAP and
E E P records Ifor households with elderly members) will be checked to avoid duplicate Crisis
Assistance payments during the sarne, season. Subreopii nt shall' rraaint,eair!, records suffix,ent to
document coordination.
(d ) SubreOpients serving multi-county areas shall provide OEO with a description of host direct client
assistance funds will, be allocated anrong the counties. The allot atiion methodology rraust by based
at least in part on the 150 of poverty population svhthin each of the counties seared This
information must be reported in ubrecipient'sMulti-County Fund Distribution Form..
Page 30 of 59
1445
Darin Sign�nvelupp 10 1320�EFF73-84C54R4,6-A579-f-:4BEE74F4139
Dmj&gw Envelopa ID.92,10�EFF�3AB4C,3=,4B46-A5"?� EOBE'.E?4r"413o
1) Su brec 1 pi e nt shall agrees try treat ow n e,rs a nid rente rs eq u ita bly und e r t h v Ag rev,m 0 n t.
(12) Subtecipient shall not char Applicants a fee or accept; donations from an Applicant to provide
LIHEAP bi,?r10its.Subrecipient shall post the,following statements in a prominent place visible. to, 111
Applicants and ClieAJ5_ "No morrey, cash or checks, wd)be requested or oiccejaredftorirr Appil'icants
or treats Jeer VHEAPserWcess of any kind flan empiloyee asks car money, report this to the ogertry
Executive Director or Departmen t Head-'
13) Subrecipient shall have a physir;al locatwn and operate during hours available to Appliciants,and in
accordance with the days rind times as stated in section B. (1)of this Attachtnent-
(14), Subreciplent shall refund to DEO, with nan-federail funds, all funds incorrectly paid on behalf of
Clients that cannot be collected from I h e 0 ie n C
(15) S u brecilri ent shaft have appropriate staff a tt end t ra in[ng se ss i on5 sr Ill ed ulp d by DEO to c ove r,Ll H E AP
policies and procedures,
1.6) 5ubrecipient shall furnish training for all staff niembers assigned res,ponsibilities within tile
Ptograrn.
(17) SubrecipicM shall be in a position to accept applications after execution of this Abyeerinent and
adequate fu ricling is provided,Subrecipient sfnafl continue taking applications until this Agreement
expires or funds are ex1rijusted,whichever comes first,
(18) Subrecipient shall comply with the Federal Financial Accountability and Trarisparency Act ff'FATA),
'This includes securing a Dun and Bradstreet Nunibering, Systorr) (DUNS.) riumber (wWw dnb,CDM)
and maintaining an active and current profile in the System for Award Management (SAM)
(19) Subreciprent shall publish and publicize its local outreach office telephone, number, as well as the
days and th-ries tire outreach office is open if applicablie for the area served',Subrecipient shall have
a tall,fre-v telephone number,
F. CLIENT SERVICES AND BENEFITS
(if Ski bre c rp i e n t shall provide L1 H L A P Ul a iiw- E n e,rgy Assistance he nefi ts based on the 5 rate-p rovi de.d
L I H E AP Pa y rrmnt M atrix.The be nef i,t a rnou nt 15 based sin t h e h ou sehold's income leve I as com Pa re d
to I he rational Poverty Guidelines,
(2) 1"he following maximun'i benefits vvi,lij be available to elij,,;ible Applicants:
(irk tine 111 non-crisis Hlo rn e f nergly Benefit p e r twelve(12) n'&o n t h period
(b) One (1} surnmer energy related Crisis Assjslari(e benefit between ApriJ I and September 30
each yea to-acrid
(c) One f 1) winter energy-related Crisis,Assistance trenef it between October I and March 31 each
YeAT.
(3) Bivsed on local need for LPHEAP services and other non-1-1111EAP ertergy assistance F(,,50urce5 in its
service area, Subrecipient may limit .rises Msisttrricu 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' determi�ne the correct amount of each Crisis Assistance benefit based on the.
minimum necess�iry to resolve the crisis, but not more than the MaXIMUM set by DEO, 010 will
inform the Subreciplent of the maximurn crisis be refit prior,to,the help in n ing of each prod r a rn ye i r.
(5) When the Applicant is in a crisis situation the SLibreciplent shall take one, or more Eligible Actions
that will resolve the on,i,ergenq, within eighteen (18), hours of Application Receiipt for, a life
threatening situation or forty-e(ight (48) hours, crf Application Receipt for a rion-fife threatening
situation, using a Crisis Assistance benefit and documentprig the Clivnt file with which Eligible Action
Was used
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Docu-Sign Enyelope M;820EFF73-B4,C5-4B4 -A579-EO�6,EE74F4139
McuSign Envelope ID, L120E-FF73-84Cfk-4B4,6-A57'g Eft 8,f--E74F4139
(b) for all approved applications, Subre6plent shall maW payments to vendows on behalf of approved'
App4cants no more than forty-five(45) calenclar tfays from the Application Date.
(7) Subrecipient shall., within fifteen (15) working days of (fie ApplKat,run Date, furnish in writing to
each approved Applicant a Notice of Approval and Appeals which hickidev,
(o) Type and amount of assistance:
(b) Name of the energy vendor to be paid On the Client's behalf..
(c.l, The nf-.,xt date when the,Client will be eligible to apply for further assistance; arid
(0) Sk14recipientsAppeal policy,
(8) For Crisis Ass,mance Applicants, Subrecipient shall compare LlifiE,AP record's and EHEAP records for
households with elderly members to, avoid duplicate Crisis, Assistance payments di-ifing the same
eligitri,lity period and maintain, documentation sufficient to ensure cornpliance, with This
fecluirenlent,
19) Applicant eligibility shall be based on the following factors,,
as) 5tibrecipient may only assist Applilcants Who Are,Or were, rvFoding in its L.11HUAP service area at
the time thee horne energy costs were incurred,
(b) The Applicant mu%t cornplete ari application and retkarn all required inforillation and
verification to Subrecipient or subcontractor.
(c) The Applicant must provide, a utility, or fuel, bill verifying an obligation, to pay home errergy
costs.
(d) T h e appal ica rit ill u S I have a lot a 1 guess I iou sehio I d income of not mere than 15 0%of the current
OMB federal poverty level for their houschold's size,
(el To receive a, Crisis sisuince 4enefik, the Applicant must meet the requirerrivqits of having, a
verifiable 11on-ur Energy Crisis as,this Term is defined in�ectiori D. (9)of this Attachment.
(f) If the Applicant hives in government subsidised hOU'Sing, Subrecipient shall determine if all or
part of ApplicanCs utility costs are paild direcOy or indirectly by the government and then take
the following appropriate action.
(i) Subredpiont shall riot provide assistance to an Applicara if Applicant's home he Ling and
coo N ng costs a r e totally Included i ri Ali p I i ca ri t's ry nt a nd Applicant has no o bligat ion to pray
any po r t io ri of t li e costs.
(A) F 0 r Crisis,As s is,ta nce 0 n I / If t h e App I rc a nt receives a n e n e rgy s"b sidy I h rough Svc,t iO n 8 or
a Public Housing Authority, then Subrecipient shall subtract the amount Of the SLAbsidy
available to the Applicant durivig the perlOd covered by the cifility bill from the allowable
LIHEAP cikk,benefit calculated for the household.
(iii) fqLH2ryiS �- -st5 are not paid directly or indirectly by a
_I�_ torqge�Qfily: If utility ca
government entity, the Applicant is eligible for a, Home liner AssAstarice benefit with no
deductions at the sarne level as o t he r Appl i ca rit s-
g) The A ppl icant must not res,rde ire a p,rou p living f ac i I ity or at horse w h e re I h e cost of residency is
at least partially paid through,any foster cire or residential program adirnrnistered by the state,
(h) The Applicant must not be as student living in a darrnitory,.
00)Calculation,of income eligi,bi4ty!
(a� Use the past 30 days earnings for all occupants of household annualized,or the Applicant's
Most current occinomic situation, whichever is low er,
Page 32 of 59
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DowSign Envelope ID:820EFF73-64C5-4B46-A579-EO(B,EE74F4$39
Q,cjcij iqn Fnwelape 10-620EFF73-W5-4 B46-AS79-E,06EEY4,F 4 130
(b) Referrmce the current year Sources. of Allowable Income to determine what ins and is not
considered as,allowable inconije.
(c) Total household income cannt)( exceed Rhe 150% poverty leer as set I:orth in the Poverty
Income Guideliries,
1d) if air Applicint cannot document household, income and does riot receive food starrips, the
Subreciplent shall accept a signed st-flf-clecraration of income statement that adequately
explains exceptionat cin:urristances and gives the amount of the Applicant's income,
(e) No household may be excluded solely on the basis of incorne if the household incorne is Jir,is.5
than 11,0%of the poverty level,
G. CLIENTRECO RE)
S
Subre,cipient shall maintain inf,orniatron in a file for each IIHEAP Client that includes at feast the
following information:
111 Client's name, address, sex, and age,and cuistomer name 0,11 utility account (if not the Chent);
(2) Mimes, ages, and current identification docurnentotion (no more than one year expired) of all
1)ou gqiorld rn eniters;
(3) Social Security Numbers and documentation of such numbers for all, household rnembcrs or the
citation to the applicable exernptjrin;
(4) Signed Notice Rega,rding Collection of Social Security Numbers;
(5) Income amount and method of verification for all fiorjehold merritters;
(6) 1 n come d o cu me nta t i o n to;up par t e IrgJ bi I i t,y
U)Signed st a i e mr,nt. of s e I f-dec la rart io n of i n c ori-oe, if a p p,l i c a b I e,
18), signed sta t e rne nt of how basic I i v i rig cxpe ris,es, stic h as, f ood, shye It e r, sand t r a ns par t a I ron a re b e,i ne,
provided if the total household income 15 less than 50%of the current Federal Povef ty Guidelines
and no one in the household is,receiving,SNAP aWstaince,,
(9) Copies of approval or denial liette rs, inc l'ud i org a pp ea I p roc ed u re s, provided to the C I i e nt,
(10)Documentation of, disability income or physician's statement if preference or additi-ortaf benefit
provided due to a chsabilitv;
(II)Documentation of Client's,obligati on to,pay the energy Mill for the residence in which Client resides;
(12)Signed Authorisation for Release of General and/or Confidential I,nforrnzrtion lor LIHC-0 Data, or
notation that the Client:did not sign the waiver,
(13)Utility AcCOUnt Number;
14)If LIHEAP prevented d6connection or restored an energy disruption; and
(15)A signed ILIIHEAP application with signatures of the Apphcant, Subred1pierit's representative, and
supervisory staff:
f.
K ENERGY VENDORS
(1f Unless special cli-curnstances exist which permit, Subrecipient to make a payment in than form of a
two-party check made payable to the Client ancl, the energy vendor, Subrecipient shall negotiate
and maintain written agreements (the"Vendor Agreement')with energy vendors which must at a
rninim,upm include:
(a) The beginning and end'i fig d a te of t h e Vendor Agree nierit.
(b) The narne and/or title of key contact staff with both the Subreciftient and vnergV ventfor who
are authorized to resolve a crisis situation and make a payment conitnitment on behalf of a
Client-
Page 33 of 59
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Qocu ign Envelope 10i-8 0EFF73-B4 5 6-A579-EGBEET F4339
f3ocu ign Envelope iD. 920EF7F7�-94C f34 -A5!7 -Eo EE74F 13'9
(c) A clescrnpticrrr of how Su bareeipient shaII make energy payments directly to the energy verid0r
on behalf of LIRE P Cliernts..
$d) Assurances from the energy vendor that no household receiving LIHEAP assistance will be
treated adversely by the eruerr yr verndor because of such assistance under applicable provisions
of state. law or public regulatory regl rirerrierrts.
(e) Assurance.$ from the energy vendor that it will not discriminate, either in the coast of goods
mi p plied or this�ervIcc;'.s parov1dod, against the eG uble household oin vrrbr; se behaif Vaymrent5 are
made
(f) A statement that onIy energy related elennem,s of a ul;ilit<y twill are to be pagaId,No water or sewag
charges may be praid excepat if re q,u 1 r v d by Ilia energyvendor to resolve the crisis arrd no nether
resources to pay that portion of the hill can be secured by the Client or Subrecipient.
( ) A statement that Subrecipsient may not pay frarchargens that re%ult from rile $al activitirw<!s such as
a bad check or meter, tarnpering, A staternent that, the energy vendor is aware that thoscs
charges a re tiara resp nsibIlity of tine Che.nt.
(h) A statement that the energy vendnr is,aware that when the b errefrt ar-nount drams not pay for
the complete charges awed by a Client, the Client is responsible for paying the remaining
amount sawed,.
(I) Details on how, the energy vendor will assist Subrecipiernt on verifying the UKAP Clpernt's
account irnfrrrr'nati,on and, in the ease of crisis a a.sisuinr e, make timely commitments to resolve
the crisis process should be in palace to verify the current arriount owed and the arriount
necessary to resolve the crisis sitvratiOn
(l� Subrecipsient's ir€ ma itment to make payment to the energy vendor no more than forty-five
(45)calendar day-s from the ApapaIicatiori Date,
(k( A statement that the energy vendor is aware that if, LiHE P payments made to the enemy
vendorcannot be applied to the Client"saccoufit,the funds w1fl be returned to 5cbreci pie nt gar,
with Subrecipaiernt"s approval, applied to-another eligible Client's account.
12) IP the ennerty+' vendor will participate in the Annual Peri`ofmance Measure Data Collectror`a, the
vendor Agreement shall also contain;
(a) An assurance that the Subr c ipicnt shall collect signed Authorization for Release of General!
and/gar ConfInertial Information for LIiiE P Data from eligible Applicants who choose to allow
their data to be collected as part of the annual pain;rforniance rineasaures and, ensure the signed'
releases arc�av-,)ilable for lnspection by the energy vendor.
Gb1 An assurance that the energy vendor is aware that as long as signed Authorizations for 1�elease
of f'aeneral and/or Confidential Infornra'tir n for, 11HEAPk Data are col[ected and available, tlae
energy vendor will provide the requested customer data to DE1 ,
(3) !he energy vendor must be in 'active" status with the State of Florida,
httpan /sa�rrt�na r s gar fr.frtrrnl and the energy vendor's name must be checked on SUMS at
httpas:j/www,sam,gov, The name can the Venclor Agreement must match the legal business name
on the.State oaf'Florida websitn uriIcipaI par vIders are excicaded from this requirement.
(4( 1 he Vvndmar Agreemerit must be. reviewed by b oth paarties at least every Five (S)years.,
(S) 1he Vendor Agreement nakust be signed by up per level rriana gement of btuth Subrecipient and th.e
energy vendor airthoritud to enter into such commitments,
20 REPORTS
Subrec ip Bent shall subunit the following reports t DEO as spaeecrfied!below.
Page 34 of 59
1449
DocuSign Envel�ape i s�20 FF73-8AA -48413 79-�[7(3�774€4l
Dote ign Frvvelape 10:4i GFF71-54 5°A940- ,57 -EQ(BEE74;F 939
A. ANNUAL REPORTS
�1) IR5 Form 0: 'Suabrecipients that are below, the $750,000 threshold for all Federal awards In its
fiscal year,are nova-profit entities, and exernpt from the Federal Single audit duct requirements, shall
subrnit with its Agreement proposal a copy of its most recent IRS Form 9,90,
(2) t.PPlE P Annual ljoughold Report Suibrecipient shall complete and submit the LIHEAP Annual
Fi r1dsefr aid Report on an annual basis. Subre ipiei t small Nye notified irr irr tirif of th, d u date acid
suLarnission requirements.
(3) t I.H AP rnu.al Performance Niteasurgi Re o-rt, Subreciptent shall complete and submit the LlHEAP
Annual Performance measures Report on an annual basis. Subreciparr nt shall be notif led in writing
of the due date and subrnission requirements.
B MONTHLY REPORTS
& Subrecipient final] wbmit to DED the LIHE P Monthly Financial Activity no later than the twenty,
First clay of each month following the end of the reporting month in which funds were exp ended.
Scibrecipient shall subn'iit the. Financial Activity regardless of whether funds wort, expended. DFO
wil,I make its determination whether to reirmburse Subrecipient's casts based on ubr cip4ent's
successful completion of deliverables.,as evidenced by information contained irr and submittedi wraith
the Financial Activity, Only with prior approval by LIFO will more than came reimbursement be
processed for any calendar month.. The Monthly Financial Activity must be subm[tted in LSE °s,
current electronic financial rin na enleAt systern and a signed copy se binitted via, fac.simule or
electronic rnatl by the due state, in the event the twenty-first day of the month falls on a weekend
day or ho11deay, the Month[V FInant,i aI Act shall be duet ora tlae next bursiiness day.
(a) Each Monthly Financial Activity shalt contain the following iraforr'nation, at a inininnurra:
(i) raII expr nditures tlaat 0Ccurrod diuring thr, reportIn g,ruonttr,
(a the amount of reimbursement requae'isled, and
(fli) the number of clients served,
(h) An authorized signatory shall sign, date, arad attest to the veracity of each Monthly Financial
activity. Subrecipyierat's submission of a signed and acrarnpteted Monthly Financial activity is
ubrecipair*ntos acknowledgement and certificatiorr that all expenditures listed therein. art,.
reasonable, necessary, allowable, and allocable; were, expended in accordance with,the terraas
and conelitions of this, Agreement as well as all aprplicablo federal, state, and local laws,
regulations and written guidance; and have,been reconciled with SLApporting documentation by
Subrecipient,which is readily available to Recipient upon request,
(c) DEU drill review reach Monthly p inandal Activity for compliance with the requirements, is
stated in this Attachment:of this Agreement,
8, Subrecipierit shall submit the Monthly Client Services Report via the current online client tracking
and reporting system to DEO no later than the twenty-first day of each niontla following the Brad of
the reporting month in which clients were served-
MONITORING REPORT RESPONSES
Subrecipient shall provide,a written response to DErb for all nionitoting report findings or, eon,cerns no
later than thirty,fi+ (TS)ralundar days from the date of the original monitoring report. [CEO s.hal] notify
SUbru=cipient of the dune date for eery subsequent rr onit€,ning report responseTMs,as may be required, If the
Page 35 of 59
1450
C ocu ign Envelope ID-820EFF73.- 4G5-4B46-A579-EOB r74F-41
Docu&gn Envelope Ilia 20EFF?a-84C544341 570-E08EE74F41 9
thirty-fifth day fah1s ern a week ends cday or holiday,thee ruspo rise to the original report shall be dud,0n'tIIv,
next business day..Sobreciplent may re uJest an extenshon in r ritiing for DEO's review and approval-
D. COST AtLOCAT10N PLAN
G Ln, twtfu 45 CTR, � 75,405, Subrecipient is required to have written finantial rTaanigerrient syste(aas
proceduares for determining the reasonableness,allocabil ity,arid,allowabrlity o,f costs in,accordance with
the provisions of the cost principhes and terrrm and conditions of the award. To edocumenk this,
Subrecipient must submit as copy of its written Cost Allocation Fla n to DEO with this Agree ment,
E. IN DIAECT COST RATE PR PO SAL
S brecipients of federal awards ate required to have an approved, federally recognized indirect cost
rate negatiated between en such SHbrezcipi nts, and the Federate Government. if no such rate exists, then
Subrecipie,nt shall'have either a rate negotiated with DEO (In coryapPiance with 45 C.F.R.Pert 75),or a de
rr7ini rs indirect cost rate as set: forth in 45 C.F.R. 75.414)f). ubreciplent shall submit its current
Indirect Cost Rate proposal to DEO with this Agreement, if Subrecipient chooses to use the de ininim s
rate, Smbrecipient shall makeb suave it is 1egaIly entitled to use that rate aril incluaede a st ate rnent to 6
to that r:ff rt with this executed Agfeeernent, 5LJbreCipier1t is not obligated to establish an indirect cost
rate if Su bru cipienf does not charge 4rdirect cots.
F. OTHER REPORTS
Uporr reasonable notice, Subrecipient shall provide such additional program updates, reports, and
information as rnaay be required by DF , includingsvpporting or source€ockaraaentation for any reports
idwratified above in this Attachment..
L S -OAT R WORT
The l IHEAP Close-Out ReF or t is due forty-five ve calendar days after terminafwon of the Agreement or forty-
five c.aivn ar days after completion of the activities contained in the A reernent,whichever occurs first,
If thr, forty-fifth calendar dory faail's on a weekerarl day or laolida,y, the Close-Out Report shall be dkae on
the", roc-XI busirws,s dray. Su breciplent shall Submit original signed documents to DE that in lode, at a
wiininium,the Close-Out Cover Shet?t, the LIKEAP l venal Finan(:ial Status Report, prc`perty inventory and
accrual report, report on interest bearing as COUnts,.ga refun¢,d chock for any unspent fonds, if zrlaplicabl,e,
aand a refund check fear any InI ores t earn vi on advances, if appIIcable
H SUBMISSION
tjnless� oitaerwise noted, reports shall be stibrnitfed to Suabrer ipientrs designated Contract Manager as
assigned by DEO arid delivered by standard rnaik or electronic mail kising the contact information
pr'n;u+icied %raararaph 15 of this Agreement,
, INCORPORATION OF LAWS, RULES" REGULATIONS,,AND POLICIES
The applicable docuamenti governing service provision rr3Eultatw ns are in the Low-lracorno Home Energy
Assistance fact of 1981 lT'itle XXVI of the Orrinibl,AS Budget Reconciliation Art of 1981, Public t.aw97.35),
as araaended, and the "Uniformi Administrative Requirements, frost Pr n iple.s and Audit Regkairernents
for HHS Awards 4S C.F,R.,Part 7S'(heetewnafter referred to as the'UniformGuidance"),if this greement
is r°rrade with a con,mercial (for=profit) organization on a cost-reirrrtauar5erneni: bawls, Subrecipient shall
be skalajec°t to Federal Acrluisifruan Regulations 48 C.F R. 31,2, Executive Order 1,2549, Debarment and
Suspension from Eligibility for Financial ,AssMance Non proc.uareroent) and the following federal
Department of Health and Hunnin Services regulations codified in Title~ 45 of the Code of Federal
Regulations are also applicable under this Agreement=
(1) Part 1 -Procedures of the Departmental Grant Appeals Boarcl;
{2) Para 10- Claims Collection„
(31 Part 80- Nondiscrimination under programs receiving Federal assistance through the Department
of Heafth and lr urnan Services, Effectuation of Title 1 of the Civil Rights Act of 19,64;
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1451
D,acuSigrn Erruelope CCU:UQF—FFz3- 4M -M7R- QBEe74.F413
CSracr� ainve,topeIrk 8 9Err73a84 5.4 dr. 5?ta=EOBE.E-t4=4139
(4) Dart 8 1 -Practice and procerinare for hearings under Maart 80 oI th'nis Title;
(5) Part 84 - Nondiscrirnination on the basis of handicap in programs and activities receiving Federal
ral
financial assiistaaac(,,,.
( ) Hurt 8 - INonidiscrinninatncan on the basis of sex in education programs and activities receiving
Federal Iiararncial wssista nce(
(1) Part 87- Fqual Treatment for Faith BasedOrganizations;
(8) P;art 91 -Nondiscriraainmt on on the basis of age in prograrn`rs or itctivities recervin f,Federal Financial
Assistance;front HHS;
(9) Part 9 -CNr%w rc+5tri(71 tons ran Iobbyin, ,
(10:)Part 9 K• Block Grants-, and
(11)Paat 1€0-fnt. rgovnrnrnneratal Review of Department of Health and Hunaan Services Prograrrns and
pact ivilt IC5.
S. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR FART WITH FEDERAL MONEY
As required by Sectron S0,8 of Pubinc Lam 103-33 ,when tssunrrip statements,press releases,requests for,,
proposals, hid solicitations and other documents describing projects or.programs funded in whole or in
part tenth Federal n nraney a I I Subreripie nts rrrceivia'ng Federal funds, i or;ILA dirn bLit not Iirnited to State and
local goverriroents and Subreciplents of Federal research grants, shall clearly state:
(1) the percentage of the total casts of than proErarnn or project whiich will be financed with Federal
Money„
t ) the dollar amount of Federal funds for the protect or pro,grain, and
(3j the percentage arid dollar arnournt of the total costs of the projector pro ;r�arra that ill be financed
by nongovernmental snurres.
C. INTEREST FROM A H ADVANCES
Subra?cipitnts ,hall invest cash advances an cornplrance with 45 C.TA, § 75,305, Payment, para r'aph
(h)( ),
D. PROGRAM INCOME
Pursuant to 2 C.F.R. §200.30 an,d M180, Srabrecipient may apply net program incorre, after costs
incident:to the generation of gross program income arededucted,excluding interest incorne, to rrnevt
matching requrr emernts, or annay reprogr caann ,t for v4.g Fale Marc ffraraa activities.The amount of program
income and its disposition roost be reported to f1FLJ at the tar°ne of saahnaassnon of the final close-ocit
report, Expenditure of program in.corrne balances at A reerri *nt end must be apprrovedl by DF
E. BONDING
(1) [Non-Profit ' rga3rnlzatiiorns'. Subrecipient shall purchase ra blanket fidelity Morin covering tall officers,
employees and agents of Subrecipient holding a position of trust and authorized to handle fonds
received or disbursed Linder this Agreement, individual bonds apart froraa this blanket b0l)d are riot
acceptable,The amount of the bond merest cover each officer, employee and agent up to arnaccount
equal to at Least one-half of the total I.IEIEAP agreement account. Subreciplent shall submit
documentation pricer to execution of this Agreement,
( ) Local overnnnents; Subrecipitent shall Purchase a fidelity bond in accordance with section 11.3,07,
KS. The fidelity bond must cover all officers, employees and agents of Subreopiernt holdir'ri: a
position of trust and authorized to handle fund's received or disbursed under this Agrc°rranent,.
Subrec[pie nt shall srabriiit dnacumeritation prior to,oxr,cut ion of this Ag rcrerrrc�nt.
Page 37 of 59
1452
aocu ign Envel a ID: ,DEFt=73-84C6-4a r6-A579 EOaF-E`4F41 fl
clocuSig,n Etwelope irk 820EFF73,B4C5 -&579..EOBEE74F 13
F. MONITORING
(1) DF0 shall conduct a full onsite review of Subrecipient at least once during each three-year period,
Subrecipient shall allow DEO to carry out monitoring, evaluation and tech nicar assistance, and shad
ensure the cooperation of its employees, and of any subcontractors. with whom Subrecipient
tontracts to ta.rryout pro soon aaivitie5..
( ) OEO shall provide triining and techriical assistance, within the limits of staff time and budget
availability, upon request by Sub recipient or deterrnination by DE0 of Subrecipient need,
(3) 010 shall conduct follow-up reviewers including prompt return visits to Subrecipients that faih to meet
the goals, standards,and requirements e5tabli5fied by the State and federal funding agency.
G. OTHER PROM l f
(1) Subre cipieint shaII budget,a rni nirnunt of twerity five percent(25%)of the total reernent furnds.for
Horne Energy Assistance,
(2 Su breu;i,pient shall budget a niiinirnUrn of two pffcent (2 a) of the total NFA funds, awarded for a
prragratrn year for Weather ftOitend/Suppl y Shortage emer c!ricy assistance, These funds rnw.0 be
held in the Weathier bualhdet line itern category for each NFA until the end
of the corresponding pro rare year, for use:in resp�nui to a possible disaster,IIiese7 fumes will only
be used during state or federail emergencies declared offioal,ly by the President, true Governor, or
the Executive Director of DEO, in the evert of an emir,rvency heir ;offis iaally utunclare d, if Suidare c i p ic nt
or DFO firids that two percent %) of the Weather Related/Supply Shortage emergency assistance.
budget is not sufficient to meet the emergency, Subrecipient may draw from other budgeted line
iter"i , up to fifty percent (50%) of the total NFA budget, without additional written authorizitiean,
When funds are distributed for a weather-related/supply suapply shortage emergency, DEO will provide
binning directives as to the allowable expenditures of the fronds, After the end of the profdratin year,
if no eYrneSrgency has been declared,DEO will release the corres,porpdo"Ing NFA funds and Subr(-!e;ipie nt
Will allocate these funds to the, crisis or horrne energy budget line item. Subrecipient shall comply
with th e%(,'! directiwe.s or agree thzkt these Itinds whirl!remain Mt 1)10,
13) In acid itron to the, record keeping, firs bi i c records,anti anitit requ i r e rn en ts contained ire Pa ragr;kph,%9,
and 19 of this Agreenient, the books, records, and cicieurnients required tinder this Agree nnernt rr-ruist
also have available for copying and mechanical reproduction on or off the premises of Subrecipiernt.
(4) If the U,5, Department of Health and Hu�rnan Services initiates a hearing regarding the expenditure
of funds provided under this Agreeroent,Subreci pie n t shall cooperate with,,and uapon D 's written
request, participate with DEO,in time hearing,
$S) Subrecipient shall maintain records sufficient to alhow DEO to determine compliance with the.
requirements and objectives of Attachment A and all,other appl'icsabale taws and regulations,
Subrecipient hereby assures and certifies as a cornrlition of receipt of tthit'AP' funds, Drat it, and its,
Subcontractors, skull comply with the applicable requirements of F'erdenral and State laws, runes,regulations,
and guidelines- As part of its acceptance anti'use of L.IHEAP funds, Subrecipient assures and certifies that:
Sulareclpient possrasses the legal authority to administer the program as approved by Subrecipient`s
governing body, including all assurances(ontained herein,
B_ Subrecipient possesses the sound controls armed fund accounting procedures necessary to adequately
safeguard the assets of DF , check the a(cu'r'arlCy and Folriabiiit;y of accouiMing data, promoter opeir$atin
efficiency and maintain,Compliance with prescribed management polities of OE .
Subre6pient will permit, and cooperate with Federal and State investigations designed to evaluate
comphance with the law:
Page 39 of 59
1453
Docu&gn Envelope ICE:820EFE73,,B4 6 E 46w -Ef-BEE74F4!33
r OW,Si rt EnV0,10pa ID.820Err°73- 4,C6 B4,B-AB79-EOBEE74F413
0, Subrecipiv nt will give DF0, tho Auditor General, or any authorized representatives, complete access,to
eximine all records, books, papers or documents related to all program operations of the grant,
including those of any sub contractor,
u r cipient will comply with al'II of the provisions and practices ouitlined in DE 's most current
Pro rare Monitoring Reld Manual.
F, Subrecipierat will comply with rion dischrrunation prOvisions,in accordance with Florida Statutes,-Serti,on,
67 7 of P t, 9 7-3 5; Titles VI and VI I of the civic Rights Act.of 1964,and 45 C.F.R. Parts 84,R , and 90.
® Subrecipient will comply with section 2609 of Public Lava 97- SA as arnerided, which prohibits use of
LIWEAP funds for purchase or improvement of land, or the puircf ase,, construction, or permanent
improvement of any building or other facility.
11, TWs a Feernent and all its alta,chmeratss are true and correct,
f. St brecipient will prohibi,,I any Political activities in accorcl ante with Section 67 F(h) of 42 USC 9918; as
Amended.
J, Admunistration of this program has been approved by utarecipient's governiriV body by official action,..
and the officer who signs it is duly authuo6zed to situ, this A reeraar.�rrt.
K. Subrecipient shall comply wifli Tit[v X mart CY of Public taws 1103-2V,Environmental Tobacco nacr e, also
known as the Pro-Children Act of 19,94 (Act). This Act requires that srrao .ruff not he pertnitted in any
portion of any indoor facility owned or leased w contracted for by an entity and used routinely or
re f ularly for the provision of hvo It h„day tare, education, or library services to children under the gage of
18,if the services are funded by Federal programs either directly or through States or Kcalgovernments..
Federal pro f,rams include grants, cooperative agreernents, loans or Iasi'guarantees, and contracts. The
bras, dries not apply to childr ri's services prov ded in private residences, acilltles funded solely b
Medicare or Medicaid funds, and portions of facilities used for inpatient drug :and alcohol treatment,
ubrecipient, shall include the above language irr,any subawards which contain provisions for children"s
services And that all subcontractors shall ,certify compliance accordingly, failure to comply with the
prowi5ion5 of this laws may restilt in the imposition of a icovil monetary penalty altyf of up to S 1,000 per day.
Suhre.ciprent certifies that it will or will continue to provido a drug-fum, workplace as set forth by the
regulatlorns iniplernenting the ttrug Frev Workplace, Act of 1 45 CA"A, part 16, subpart F, Sections
76.6.0(c) and (d)Q),
h ri of ttach e l A l
pa e of 59
1454
ocu ign Envelope ID,82OCFF73- ,541346-r 70- OBE 74,F4 39
ATTACHMENT -
WEATHERIZATION ASSISTANCE PROGRAM
SCOPE OF WORK AND FUNDING IN SOURCES
. GENERAL POLICY
Subrecipnent shall comply with the fallowing re quiremermt,,, and if uapap licalaler, ensure all, contr-acCs require
comp fiance wit.h the folIowyairig requirraa'' emits, In carrying out, this Agrrement, Sub recipienat sha11 rovid'e7 all'
Piecessary personn e1,rriatorialsr serviceys and facilities, excepat as otherwise pro vid(id herein, to carry€aut Clue;
programs. Subrecip5ient shall designate an individual, referred to by DEC as the WAP Coordinator, who will
be responsible lur ensuring that tfae follr.,wing activritikas are adhered to:
A. lid eritify and solicit efig i Ill e low-ivacorr e resid emit:s with So bred pienat`s identifie we ruaice area who havre
the need and d-esire for energy conservalion assistance. Suhrrcipient shall make the services provided
for under this, Agreernent available to all eligible clients in the counties it, serves, su Eject to the
availability of funds.
B. Su rec.rp ent shall provide weatherization "wrvices at an annual adjusted average expenditure limit per
unit fear labor, weiatherization materials and related matters, as issued annually by DOE. This per
dwelling amount does not include the Health acid Safety annual adju steel average expenditure lir-rut that.
may also he expended.d. DEO'wwrill aridit the, rates prior to closeout to ensure the Grantee does not exceed;
the annual adjusted average expenditure limit,
C. Subrecipient shall wveatherize dwelhngs in such a manner that:will provide coritinuous serve ee from the
corrimencer"niont date to the k rmi nation date of the pfre vmunt ,r"u,ll countres must he served with the
allocated dollar amounts listed in the NFiA Attachment, Budget Summary and Couaty Allocation. All
funds must be spent timely, in proportion to the progression of rniniths throughcrut the torm of this
;reernent and in acccardarnr:e with NFA Attlac,liments.. If. in DEO's safe determination, funds are not
being spent at a proper expenditure rate, or a county is being u:inderserved, DEO has the right, but not
the obli ation,upon 30 ca,lendar days wriitten notice to Sub recipietit,to reduce Ski brecipient` seubaward
and,reallocate any or all of the s,ub awarded funds to one or more alternative a eathe•rization providers,.
DEO's eruercise of this remedy wmritl neat Ikenit anus of DE ''s,other available memedie,s as detailed in set t i am
(14), Remedies,of this Agreement, or at laws or in equity,
D. Subrecipaierit whall provido DEO with documentation and reports, as required by this Agreement,
including, but not limited to, budget balances,,as well as any nether information related to this project,
or as may be specified by DEO.
F. Subrecipnent shall complete work on all dwellings in accordance with the Field Guides,. the WAP
Procedures Manual, any Supporting Weatherization, Program Notices, .arid any supapiler nential COLD amid
DOE guidelines, unless Subrecipaient secures wr rttert lierranission from DLO otherwise,
F, the health and safety of the clients, Subrecipaient°s staff, contractors and the integrity of the buildira,
structure shall uacrt be compromised by any work completed with weathuerizatron
funds-
. Subrecipienat shall ensure that all,iicrstalled weatherization rraat vials rneet the materials standards taken
from Appendix A of 10 C,I=, , part 440,. be of good quality, and be, installed in a safe, cast effective
manner,
H. Work and materials riot mecting quality vxpeaat on5,as determined by DEO with reference to 10 C.F,P,
part 440 and the WAP Procedures Manual, may subject Subreciprient to written findings. Subrocipient
may be required by DEO to pertorm re-inspections or"pro-backs'on any work Pe rformed by Sobrecipuient
or its co rat ractors wnrhpch doses not;meet qualily expectations,in D EC's sole discretion,and for which DE
hos,issued a finding, the crests incurred for any work performed by Suhrecipalent or As contractors which
does not meet quality expectations, in DEO*s sole discretion,and for which DEO has issued a finding may
be, disallowed I by DEO,
Page 4.0 of 513
1455
CircuSign Envelope ID, R2!�E F73- 4 5A 4r3-A57�l- DBEE74�449
DocuSign Envolope ID:820fFF'73,-B�4C5 4846v ,�EaB.�E74F413§q
UBRECM 'IE T RESPONS18,111.1411ES
A. FILE DOCUMENTATION RESPONSIMUTIES
Each client file -shall contain the follra ring doc:Urnentation:
40 Client intake form 4 Building Work Report
Client income docunaentatbon (liar 0 Copy of b4d parka (s), invoices,
past two-1ve, naonthsf receipts, payment Vouche'r`5
Pro-19?8 dwellings o CertifiedCtsic�a��tient ti ra ofownership, fir` t&enow uor Ocrcuarnantation cur
signed Landlord Agreement Form
Clearance Testing
0 Social Security Documentation (fi w. Copse%of any ap provad waivers
applicable)
Ct3oies of applicable Ire aald I� naa
w Copy of Client laps t s ICE perm
0 copy of client utility bill t lsent pale Checklist
bent Selection (PriorftyM Criteria RED Calculator ulator rrlrstr is
roy III
• Cagy of Complaint Appeal
Procci.dures Forin slgnL�d and dated,by Reliigerator M'v tenng r„+card
dient
• Irsspection/Aladit Data and Results QCI inspector she 't
• Pre.r crrk Order Agfconigq nk, Infrared pI uture:
B. REIEI ROKEEPIN
In addition tro any reco rdkeepuin g reg Lore rn,2nts set forth in the Ag re erne nt, incIuading;anyattachments
or cr;xfulbRs thereto and this Scope of Work, 5u!lare6pient agrees to be bound by the recordkeepin
p((visions at 10 .F.R part 440 and 42 U.S.C. part A, gas applicable to Subre6prent, ubre pr,iforrt shall
keep such records as DOE::requires,including,but not lirnite d to, records-which furlly di5closu the arnount
and disposition of the funds rive ived by Subrecipient, the total coot of each weiffierization project, the
average costs incurred in weathe.riz atiurt of individual dwelling, units, the average size of the dwelling
being wcotherize , the ra erige income of households receiving assistance, Aanf :any ether records as
deemed necessary by DOE or May DEC) in harder to fulfill it, rt�cord (, fnng requirements under 10 .F,R,
part 440. Sijbrecipicmt a reps to kevp its, records in accordance wifli the 2 CYA, part flTl, as adopted'
and supplemented rated by 2 ,I ,Pt, part 910,
C. DETERMINING PRIORITY SERVICE
Subrecipaierrt shall;give priority to ide ntrl'y'ling sand provid1ng use atheri2,1tion assistance to eIdorly pers0n5,.
parsons with disabilities, Mamilivs with childrr o 12 years old and uIr"Oer, households with sa high energy
burden and high residential energy users in their "priority of s ranee " point system. Subreciplient will
coordinate:w,Itha its locoI Low-Income Horne FnefEy Amistance P rograrra ( IHEAP) pro- ider to(,fevelr in a
referral process and targeted ouarriber of clients to serve. A rrainir,aum Of IDOA of the clients receiving
u athe,r Nation c r,vtir cis through t:hr?WAP are to be LIHEAP referrals.D. MONITORING VISITS
Thus C7EO staff and/or -its representative shall conduct nionitraring visits of Subrecipient at least once a
year but as frc cturently as �EO may desire throughout the program year, These visits are for the purposes
of utuaality[assurance inspections, adnaimstratiure and fiscal monitoring, 'Trainin(f,and Technical Assistance
(T TA), and other rn chin s as the need arrses. The monitoring repart shall include inspection and/Ior
T aTA informiatlon.
(flr The monitoring staff regularly inspects units completed by Subrecipient. All installed materials shall'
he Cost effective, safe and Of'Rood quality and appearance, Discoveries of violations of polid s Ind
Page 41 of 59
1456
ocu igrn Envelope ED:8,2:])EFF 73- s4 5-4B46-. 74- OBEE74 4l39
ocuS'ion Envelope rta. 20(EFF73 B4 C 54B46-: $79? EOM, 4F413fj
proceduare5 are called:findinEs,
( Work; not rneeting qunility expectations may be subject to findings, required remedial work and/or
disa1lowed costs
(31 All to ntractor ,quark shall pass an inspection by qualified Suubrecip ent staff or apprijv d third-Party
COAtractor inspector prior to payranerit.
(4) Contractor work neat meetirig quality expectations that requires correction shall tte done at the
contractor's expense.
E. FINDINGS
,any non,cornpliance with the' ''AP Procedures Manual, or any Field Guides constitutes a finding,as that
term is defined in the WAR Procedures Pear al. Major findings care those which rare either er severe hn
mature as determined by the mo nitcaring inspector or repeated, Miner findings are he5s st�vere or not
repetitive in mitur -
Major Findings: Exarnnples of, rr,aj r findings include, but are not limited to,the following:
(1) The health and safety of clients, Subtecipierrt staff or contractors, or the inteR,rity of the buildir4
structure is threatened by work completed with the weath riaation funds.
( ) A wcatherization-relat d health or safety :problem, is created by, exacerbated by, or riot corrected
by the delivery of weatherization services,
( ) The o:narssion,without appropriate au,uth rizition, of a required cost-effective measure, a necessary
repair,or a required health and safety repair,
( ) Poor-quality work, materials, or equaufirrnent that results in significantly degraded performance Or
appearance of measures or r"Q alr5.
(5) Major expenditure of funds on measures that Marc, not included on the Nauonal Energy Audit tool
(NEAT),Manufactured home Energy Audit (MF EA), WAP Procedurm Karnural, or the Field Guides,.
(6) Costs incurred lrar materials that do not meet the standards for conformance listed in Appendix A of
10 C.d°'.It. mart 4 40,
(1) Any action or lack of action that ri'my result in a liability that threatens the F orida Weatherization
Brant funds,
(8) Gross f'i5rFaI mismana ement, rrucIudinC any unallra°uv.able costs or°any wron .fual bil I i ng to the grant,,
f4>'t nnof Findings,. LXainnple Of mirncir findings include,but are not limited to, the following:
01 A sin ,l'e occurrence of poor quality of work, rnaterrals, or equipment that results in minor
de radation of perlran'awrice or appearance of measures or repairs,
9 Work An clean up that does not meet the satisfaction of the client or the State monitor,
(3) Required energy conservation rneasu,uTes that are not installed but would not corntri,bute a large
energy savri'195.
$4) Required health grad safety measures that are not addressed but are not thrritening the health or
safr-,ty of the client,
F. I RAINING TECHNI CAL ASSISTANCE VISdTS(T&T )
T&TA. viisit5 conducted by DEO staff and its representatives are intended for training purposes.
Recornamenduaticlos fair uz recipient actions may be issued by 011? based on circumstances observed arnd'
guidance will be offered on the visit report provided to Suubrecipie nt..
G. DEC, FIELD PROCEDURES,WAIVE S
Sru recipient may request waivers which exempt Subrecdpient fr rn perfoi ming a required measure or
which allow a restricted measure, if one or more of the follenuaing requirements are met:
page 42 of 59
1457
Dom0g,ii Enwelope tlx:820EFF73. 4 5a4B46.A579-EodEE74-F4i 9
Docu ign Envelope 10: F#°704I 39
('Ij If it is tee,hnic.aIly nowt poass i ble to,instaII the rneasures,
(2)' If condRions exist, and cannot 1_ae overcome,that would make the instal llation of the wie aswe unsafe.
(3) The installation of the measure would threater'u the health,or safety of either the client or the worker,
er
State waivers Shall be granted by DEO on a case,by crise basis and shall be in writing, ubrecipients who
are tenable to provide services according to the WAP Procedules Manual,or the Field Guides beciuse, of
local building crudes shall Wplply written docurn station to DF0 staff and re ue5t a State waiver. Work
shall proceed only.after approval,of a waiver reque5t in writing,by DF0 staff a
(f) The State wai ter's pea°rnit the to1loy rng policy exceptions.: Ftie1 co nversion sn
( ) Instalhatiron of doors and/or windows exceeding allowable arm€ unt.
( ) Other work normally considered beyond the scope of Aeatherm-raft oan,.
3. PROJECT MEMON, ENERGY AUDITS AND FINAL INSPECTIONS
A. Sufareripient shall,rase propc-rly trained and rtuAtfled energy y w4tors and In-pPect rs,
An f°rier y Audit is required on eery building poor to perfotrraing any work other thari ewer ertcy
response related work. Contractors shal'i strictly adhere to the work order develop,(A by the auditor. No
devitt ions froan7 this work ardor shall be performed, unless aaathorized by the energy auditor or
weaitherizationc rardlnator.
C, ubrecipient's Quality Control hraspaectoar shall ensure that all n'easures realm rerf by the Field Guides, DEO
issued pokcies, anti the °a AP Prrxedures Manual have fie en installed., and Oiaat the work quality rneets
the standards,re(fuire d by the WAP Field;Guides,
D. FacIl complete.of proffer l 01a11 b e i aspected, Arad true inspeLtiran shalil be d`curraented in tiiv 0ierat file- No
project shall be, reported as coralpleted urltil all weatherizabon rnaterials have been installed and
Subgr crpient hm; performed a fl nal quality control inspection, including any mechanical o5r s`b oantractor
work performed,
F, All installed weatherization,materials shad rneet the materials ptandards as detailed in Appendix A of 1
CT A. part 440, sl il] be of good quality, and shall be installed rn a safe and effective manner.
V PROJECT SELECTION
(f) Projects shouh,d be prioritized in accordance with ODE Policy. Additionally, 5u brecipient should'
prioritize projects used on:
(a) owner participation;
(d) potential energy savings based on rutillty b4H a nalysis
(c) assurance that benefits will be dlrert to unfit accuparats and
fdj service to all.areas of the sertruce area.
$2) Subre.t:iplent shall receive a signed landlord-tenant agreement before work begins ors ally individual',
d'welling unit: This document must be retained as part of the 1)roject fi;ieG ENERGY AUDIT
Pricer to performing an energy audit, Sou recipient's auditor shall conduct a walk-through of the unit to
confirm the potential for the installation of energy conservation rneasums and to ensure that there are
ran major barriers to working in the building.
`flie parima.ry ehatectives of the energy audit i,s t o survey the h€1me for thle potential to install energy
conservation rneKas,ures, to analyze the Savings to Investment Ratio �SIItj of potential measures,to check
Page,43 uI 9
1458
aacu ign Envelope ID: 8 0EFF7 -B4C5-4,946-A679-EOBEE74F41�
t5 euu igri EnwMpe Irk:
for safety hazards and kruildirug durability issues,to provide client educatuon,to r ocurnent the audit„and
to write a work order detailingworlu to he done and aitu aticans that need to be addrrnssed,Understanding
energy use its Ivey to performing,an exemplary audit,
The energy audit shall include the following infrar'r'r'watior's
(1) An Reassessment of health acid wifety hazards,
( ) Documentation, in urding, but not limited to, the type of energy audit.tool used and the results of
the audit analysis.
( ) An assessment and record'oi the existing conditions of the building and its mechanical systems,
( ) An evaluation of they existing conditions for energy consor'wation opportunitres and energy-related
health arid safety problems,
(S) A strategy for improved energy effic:ien(y and for correcting, energy rr3lated health and safety
Problems,
The eriergy audit: shall also include evaluations of aII of thin followin , per the a "AP Procedaar s Manual
rind the WAP Field Guides,:
(1( Combustion safety testing,
( ( Air-leakage analysis,
(3) Combustion efficiency determination,
�4) "I`l it,rmai p e r f o ri-na nce analysis:
( ) Electrical safety testing..
(Ea) E1ectrnic Isase-IDad test i rig.
( ) 1 ndoor air quality and r Oi,StUre inspection-
ubrecipient shall provide all cliepits with information regarding all ref the following,
(1) 71he weatheriz'ation process.
(2) Reducing heatirig and cooling coy t;s,
(3) Water conservation and water heating.
(4) Staying cool during hot weather.
( ( Lead-based paint nokification,
( ) Mold arid)mildew notification.
(7) dither energy=sawing s.0 estions,.
( ) R adios g uidar'i.ce:
K !N L/QU LITt NTR L INSPECTION RESPONSIBILITIES
5uh r ciprent shall be responsihlie for the fokowing quality control irsspecti n w,,., onsibilities:
(f.) Energy and Conservation Irispection
(a( Review the orr i nal energy audit form.
(a) Ensure all required procedures were performed.
(c: Verify they accuracy of the audit, including measures that neiay K avc, bfien omitted.
(d) Inspect all work to.ensure that standards:of work quality and materials are met;and ensure that
the job site is cleaned up.
( ) Call for corrective actions where initial work does riot meet standards,
( ( Health and Safety Inspection
Page 44 ref 59
1459
Docu ign Envelope Its,�20EFF73- 4 4B46-+ 70-r,QO,EF74F41
DOGUS1911 ERVelpape Its.B. GFFF7'fie 4q g� 4,6-Ai79'-EQBEF,'74F41 9
(a) verify that all nark was completed to address related,health and safety Issues-
(b) Call for corrective acfions where initial work does riot rraeet standards,
() File Review and Completion
(a) Review all required forms for accuracy and com,,plotion.
(te) Document requiredgo-backs or follow-up wzi,rk.
(c� Sign and date a qWllity control in p eCtion foals assuring that a II rectuirements have been verified,
(d) A(cab is crampale'te only after all cork installed by Subrecr lent or its authorized representative
has been completed and has(Sassed the quality control inspection,
4. INSTALLATION OF MEASURES,
Ieaatherr7atlon measurers serve all of thc. four f ollcus iTig p urp oIx's-
A. Con5e(ue energy.
B� Reduce energy bill),
Protect residents from re rarsr y relaatu.nd pa�a�arcls.
Protect building from darna e caused by fire;,or moisture.
uabreciipient shall be responsible for i,nstalkng weaathvrizaation measures per the WAP Procedures Manual,.
If e Field Guides anti rapapalicafaIe [oata1, State,•aand fPderall code.
, COST LIMITS FOR MATE RJAuL f Felt ! /PROGRAM SUPPORT,AND ADMIN
A. During the p`nrograrru year, II OF.0 rlcterrnines that the average cast Iser unit Wrll taXceed the maxinlUrn
allowable a nnuraI average cast per uruit,additiona]cost rest r1 ctinn a m aV be irnposed, I rnpie rner'rtation of
these limits will be Lased on data gathered by thtg State regarding actt aal cost zrverragc.'s and may be
imposed on opus or all �rih�rrrc.ilaira�nts. is needed, The• F0 Co nt:rar�ct Manager will' notify Subreclpaierrt of
the cost restrictions to be implemented and procedures for implementing the restrictionrs. Upon receipt
of such notification, Sul`arecip'sient rill be required to implerrhent this pr ce&110 for all dw(�'Rlin units for
which rri aternals have not been ordered or for w'aich i job order hos not been,issued to a contractor,,
w Failure by Subrecipiient to expend all program funding by that end of the Agreernerrif period rna,aay rrastalt -in
It.being placed in a probationary status for future t AP agreement's,
HEALTH AND SAFETY
Weatherizati n services shall be provided in a rinanner that minimizes,risks to workers, clients, and clients'
homes,. Woatherization services shall not begin until health and safety problems are removed, Subrecipient
shall comply with and enforce the WAR Safety Flan.
7, ACCEPTANCE CRITERIA
DEC) shall evaluate this project through review Of SUbrecoplerm s,rtlaaa'altted reports= To receive a
reimbursement for a paroductron pefiod (aa production period spur the first flay of., month through the last
day of the month),Suabrecipient shall so,bmit an electronic copy of each Building Work Report(BWR)package
along with the monthly Financial Activity to DEO through the current electronic financial r aina ement
systena by the twenty-first day of the followling morith. The Monthly Financial At;tiiari•ty shall ind'ude on,,
s0hedule completions of production goals.
If work is behind schedule, Subrecipient shall lnimed'iafely begins iorplernentation of a plan to bring work ups
to schedule,
Page,45 of 5
1460
Gcu ign Envelopff ID: 822DEFF7'3,B 4 54B 46- 5?+-EOISEE74F41 g
DrocuSignEnw lope ILA: 2Gr=t•hn73u:84C5=40 13-Afi79-EQB 7 F 9 g
Subrecipient will be reirnbursed rnonthly for expernitures reported in its Monthly 'Financial Activity js
described, in Reports, Reimbursement will be made by DFO, Capon DEO's finding that the Deliverable has
been successfully completed-
Deliverable rabl Minimum Level Performance
Certification thm SiAbrecipierrt operated 1runn t a rriv mecum,Sti reed pent Shad have its
it regular bUS rra:45.�hours as idermtrfied am the raffico open for business.,with the ontrance
Warranties and Representations Section of this dear open uo the pualic„ and at least orr
Agrrlenwnt, to rndu&expa nse s for empnioyee on site Monday throup;h Friday
Adrnninustratirnrr la"d nisnist rat iun trysts not to during the hours of 8.00 am To 5:00 p nr,
exce d of total award a rrnou nt , Pio. rani
up port,TetIi niEdI and T r a inirig,AssiStarnce,
ire,,IL Audit,arnd p.abiiity Irnsurancr
Deliverable 2 Minimum Legal Peftirmance
Complete weatheriaatio n of dweltirngs with � At a nnrinfrna�arn, Subreopient shall corrrpl to r
onergy saving iepaa rs and installation ref energy on'nt, ICJ weathi rnxed dwelling supported by'a
su I
sawinip, friL rr to qualified low-income Building Work F4oport Pali° R) �r�idelrtihed n,
persons and to administer the prograrn'w paort5
11-—--------- — '.'J"
A. The Deliverables shall be reported monthly on Subret hp ient's Monthly Financial Activity a.) described in
the Reports Section of this Attachment,
Sueces.sful Completion of the Deliverables shawl be determined by receipt of "ubreci rlent's Monthly
Financial Activity containing the certification required in Section 21, Warranties and Representations,
of this,A re.er neat.
9. FINANCIAL CONSEQUENCES
A. If Subreripient provides services to any c:hent more than 180 days after the cheat's household inmme
has beern verified wit htnu:t rece rtifica t iio r!of the che fit' irncome eligIbil ity, Subrecipiien,t shall be assessed
a financial ConSequence in the amount off of the total amount of y4weatheri7,do n sr rvires provided to
the ineligible client's d eI[Ji ng unit.
DFO shall' not relrrabtarse arry expenditures also iated, with Deliver tiles not accepted by DEO as
succc-ssfullyi ccrnnpletedl, ho eur?r, this does not preclude Stibrecipiernt frown receiving payrraernt for such,
expenditures upon successful ,completion of the Deliverable..
C. 0 Subrecipient fails to he open, and available, for services according to its regular business hours as
identified in Section g of this Attachment, outside of weekends and Raba hohd ays, Subrecipient shall
pray to DEO financial consequences in the amount of $10,00 per day that Subrecrpient failed to operate
according to its regular business hours, lip to a maximum of 1UO,00, for such failure, unle; s DFO in its
sale., di cretion Waives such failure in writing baisect upon Its deter'rtniir ation that the failure was due to
factors beyond the control of Subrecipient.
11 Any amounts due under this financial Consequences section shall be paid by Subrecipient out of non.:
FederaI f Lind s.
Subrocipient shall submit quarterly, a written Inventary of all equipment acquired in whole or in part with
weath rization funds, to DE 's Contract Manager for thisAgreement. Subrecipient shall maintain an
egtopment inivent ry in as manner that will provide an audit trail, traceable frarn purchase to present usage:.
Rage 46 of 59
1461
Door ign Envelope I : 82.GEFF?'3-B4C5-4B46.A57�-EOBEE74F4139
DoQu ign EIRwelope Its'82,0�-f i
"Egtii rrent' ianearas tanflIble,personal property(inducift Information technology systerosl havi.r°ig a taseful
life of more than one 1)year and a per-unit acdtuisitron cost which equals or exceeds$5,000.
11. RE EER L
o r cipaient shall partner with ndrn,profit organizations or municipalities that pro die rehabilitation,
erne`nrgency home repair, administer,a Neighborhood Stabilization ro rear , or are participating in a Greer~,
and Healthy Horne Initia,five to,facilitate the recuiprt of active referrals of etui lified units in order to achi.e
evils of %erving the low-income population.
, REPORTS
Sufare ipaient shall 50mil the following rep orls to DFO as speofied below,
A ANNUAL REPORTS
IRS Frarrr w. . : Subrrcipaient verifies that if Subrecipie nt i,s below the S750,000 thresi°w1d foF all Fedr?,r l
awards in its fiscal year, is a none profit entity, and is exempt from the Federal single, audit ,a,t
reguirerykents, then Subreciprrent has submitted a copy of its most rpr:e ut IRS form 99,0 With its
Agreement proposal.
B. MONTHLY REPORTS,
phe WAP Financial Activity must be provided to DEG no later than the twenty-first clay of each rrr ntla
following the end of the repwing a'i'ontl'h In which frauds were expended. SubrpUpient shall submit the
report regardless of wwhrsth r funds were expended, Reilr bursernent of expenditures shall be based on
this rcpoi,t, Only with prior approval by CEO will more thari one reirrrbun�ennvrrt be processed for any
calendar month. S,ubred pient must submit the Financial, Activity in D 's current electronhe; financial
management system,. In the event the t'i enty,fi.rst day of the months falls or) a weelrend day err holiday,
the Monthly Financial Activity shall he due on the next business day.The Monthly Financial Activity muis.t.
be signed and dated.
$td Lich Monthly Financial Activity shall contain the f l'fowing ir`r(orrnation:
�a) All expenditures that occurred during the reporting month„
(b� The arrr u nt of reimbursement requested;
(c) The number of dwellir'igs weatherized;
jd� An attestation, signed by authorized signatory, that the Subrecipaient was open Arid operating.
during its reported business h ursa and
(e) An attestation, signed by an authorized signatory, that payment claimed was for actual costs
expended by the Subrecipaient and its subcontractors, and properly applied to services provided
under this Agreement,
( ) Each COrnprleted dwelling reported will have R Budding Work Report package consisting of a
corniapeted.
(a) Building Work Report (R )a
(b) Client intake Form; and
(c) Quahrty Control 11nSpeCtion ( I), Rop ort.
13) DEO shall reviews each Financial) Activity frnr compliance with the; requirements as stated in this
Attachment.
Page 47 of 59
1462
Doi uSlqn Fnvollopie 11): a2,,D�FF73-84C5-4B46-A579-EOBEE74F4139
00CUSIgn Erivalope 110' 920EFF7�,-84C54B46-A679-F.OBEE74,F4139
C. SEMI ANNUAL SUCCESS AND LEVERAGE REPORTS
Serni Annual Success and Leverage Reports are due to DEO an or before March 21 and September 21 of
each program year. in the event that the twenty-first day of either month fall on a weekend day or
holiday, the reports shall be due no later thark the next buWless, day,
(1) Oil the succIP55 Reports, Subreocipient shall provide: a) copies of thank-you correspondences from
rlients who received weatherization services,- b) Information on any events Subrecipient
participated in that promoted the,WAP locally; and c) any milestone reached by Subrecipient that
relates to the P.
2) On the Leverage Reports,Subreciplent shall provide: a) sources of leverage ac:tiviities; b) amount of
funding. provided, an,d c) the types of leverage activities utilized, on, the dwellings,during the s-fx J!5)
montli period. Utility rebate funds, and donation of materials or volunteer Iabor should also be
included in this report,
0, MONITOWNG
At a rninirrium, DEO will conduct, one (1)on,site monitoring visit to,Subrecipient during I the Agreement
pericrdl. This rrionlitoring visit,wilt address Subrecip4ent's fiscal and programmatic administration of the
WAP, In addition, a minimurn of five perront (5%) of the total number of dwellings projected to be
weatherized during the Agreemertt period will be inspected,An additional five percent (5%) of dwelling,5
will be inspected if Subrecripierhil his implemented the Level H2, Independent Auditor/Quility Control
Inspection process.
E. MONITORING REPORT
Within 30 drys after the completion of the monitoring visit,DEO will issue zi monitoring report outhning
the results and any corrective actions required to be Implernentod by Subreicippent for any non-
compliance issues,discovered during thisvisit. issues may be classified as i rnajor o(minor finding or an
observation. A major finding is it noncompliance issue that is of significant concern. A rnmof firldinE is a
noncompliance issue that is of secondary concern, such as a niall lift omissloa, Observations are to
assist with compliance of program requirements, to enhance or improve service or to share be%t
Praf Gres.
F. MONITORING REPORT, RESPONSES
Su brecipient shall! provide a written response to OW for all monitoring report f iridlng or observations
no later than 3D calendar days from, the date of the original rnonitoring report, DEO sfiall notify
Subrecipient of the due date for arry subsequent rnorntoririB report, responses,as r-nay be rcluired. fr the
thirtieth day falls on a, weekerid day or holiday, the response to the original report shall bt,- due on the
next Liusiness,day, Subrecipieft may request an exlenslon in writing for DEO's review and approval,
G COST ALLOCATION PLAN AND IIIIRECT COST RATE PROPOSAL
Su brecipient is required to lava written financial;mianagerrient systenis procedures for determining the
reasonaWleness, allocability, and allowability of costs in accordance with the provisions or the cost
principles and terms and conditions of the award. Subreci,pient may utilize one of the following options::
1)' Qg.st...Allocation Plan: Per 2 C,.F.R- 2.00.40S, to,document this, Subirccipierit must subrilit copies of its
written Cost Allocation Plan to DE U with this Agreern(mit,
(2) ftidirett COA Rate Pro.pnsaf; Per 2 C,F,R, 200-414, this Is the amount charged through indirect. cost
allocation plans approved by Subrecipient's cogni2ant Federal agency, the rate,negotiated between
DEO and SUbrecipient (in compliance with,2'C. part 20,10), or the 1.0% do mifnir"is rate as applied
to Modified Total Direct Cost as, allowed by the Uniform Guidance. If Subrecipierit chooses to use
the de minfivis rate;. Subrecipient shall rnake sure it Is entitled to, use that rite ind include a
sta te rn eirt to that effect.
Page 4 of S9
1463
DooLiSign Envelope ID:8 0EFF73.B4C5-4B46-A 7!9-Etl9EE74F4159
D acyu' ign Envel pff ID:: klr,Fd 3.:04C5 E146- 7'9-t0Rr-f;4Fd 139
EI, CLOSE-OUT REPORT
The WAP Close-Out Report is due 3 calendar days after terrrimation,of thaeAgreement or 30 calendar
days after corripalre flon of t he activities coma Ine cl hn the Agreement whichever occurs first, If the thirtieth
calendar day fahls on a weekend day or holiday, the Iltaso•t ut Report shall be due on the next business
day, Su.ubre.cipiient shall submit original signed documents to OEO that include, at a`, rnininrtu m, the ' AP
Close-out Financial Staters rxpaort (i°SR), the lose-out Summary frarrn, the lua5e-ant Equipment
Inventory form, a refund check for any unspent funds, if applicable, and a7 refund check for any interest
earned can advances, if aprTrlicable.
f. OTHERREPORTS
Upon reasonable notice, Subr cip pent shall provide, such additional pro ra,rir updates, reports, and
information as may be required by EKED„ including supporting or source docuri"entation for and, reports
identified above In this Attachnient:
J. SUBMISSION
Unless catherwise noted,, reports shall be submitted to u brrecppient's designated Contract Manager as
msp Hein by DES and delivered by standard rnad or electronic mail rasing the contact inforraaatiora
provided r.rt Paragr'aph 16 of this,Agreement, Failure to submit reports by the required duce date, may
result in the withholding:of any pending or future payments until the reports are received,.
3„ PROGRAM STATUTES AND REGULATIONS
Su bre-Opient shall be govern d by applicable laws and rules,, including but not lirrtrted to,
A. Pub. t. 94-385,Part A,Title IV("Energy ConsRrvati,on and Production Act of 157 ")i the Omnibus audget
Reconciliation Act of, 1 1,,Fide XXVI of Pub. 1. 97 35 (Low—Nnc me l-inrric Enerfxy Assistance Act of 1 1)f
'title 11, Part, 2, of;thfi Nat iomil Fner y Conservation Policy Act of 1978 (Drub I... 96 61 )r Tptle V, Subtitle
E, of the Energy Security Act of 1981 Wrib. t 9 - 94); and chapter 409, tvS1, 2 _F,R 175.15ftr1 as it
relates to 22 U.S.0 7104 (Prevention of traffrckinpg)i Florida Chief Financial fficer Memorandum No, 04—
05 Schedule of Expenditures of Federal Awards
��r�� . .u�� e ���flr•ia���p �t�ia�1`aauJirJstatt��i�r� finGurici�al rre�ta�rt�ra �financin 1•ftr��
B. Ault Federal statutes relating to nondiscrimination including but not limited to
(1) Title:VI of the Civil Rights,Act of 1964(Pub, L, 88,352) which prohibits discrimination on the basis of
race,color or national origin;
l28 110e IX of tier,„ Education Annerrclrraerats of 1972, as amended (20 Et.S. = 16 1-16 3, and 16,85 16R6)
which prohibits discrimination on the ti&O,of,,ex;
(3) Section S 4 of the Reh,abildation Act of 1473, as amended (29 U3 S. , 794), which: prohibits
discrirniria,tion on the basis of handicaps;
(4) The Age Discrimination Act of 1975, as amended (42 Uf Sk, 6101.., 6107), 'which parohiTsits.
discrimination on the bsasi- of age;
15) The Drug Abuse Office andi Treatment Act of 1972 (Pijb, I , - 2,55), as anyended, relating to
nondiscrimination on the basis of drug abuse,,
( ) The romp feltit nsive Alcohol Abrise and Alcoholism Prevention, Treatment and Rehabilitation Act:of
.1970 (Pub, L. ' 1-61 ), as amended, relating to n the basis of alcohol abuse or
alcoholism.-
(7) Subsections Q'3 and'577 of the Public Health Service. Act of 1913 (42 VS. _290 dd-3 aura. 290 e-3),
as amended, relating to confidentiality of alcohol and drua.R aabu5e patient records;
(8( Title Vill of the Civil frights Act of 1,968 (4 1_11 5� , 3601 et sect,), as am undid, relating to non-
discrimination,in the sale, rental or financing of hoursin , and
(9) The requirements of airy other nondiscrimination statutels)which may apply to the Weatherization
Assistance Program,
Pale 49 of S
1464
00v ign Envelope 10;8 0 fF73n 4C5-4B 46-A579-EOBEE74F 4139
(1 )1 he Ame"ricarua i1h Di stabilities,act of 1990, P u h I i r t,,i�w 10 ,3 36 (4 2 0, .0 Sections 1.3101, thro ug hr
13213).
C, Executive Order 1134 , entitted "Equat Ernployownt Opportunity",
as amended by Executive Order
11 75, and as supplemented iri E1ep irtment of tabor Regulations(41. C.F-R. part 0)..
D1 all applicable standards, orders, or regulations issued pursuant to the Clean Air Act: as aroeridred (4
U.S.C. 1857 et serf.) and the Federal Water Pollution Control Act as amended(33 U.S.C. 1351 et sreq,)..
E, ubre ciplent, will comply w 1ith the towed-Rased Paint Poisoning Prevention art (42 t1. .C- 4084 et setl•(
which prohibits the use of Iead-based paint in constru ttion or rehabilitation of msidence strutc.tUres,.
F. Subrecipient aunt[assist in assuring assi.ning Compliance ce with Section 106 t)f the National'Historic preservation Act
of 1966,as an i nded(16 t1, .C,4701, EO 11593(identification and protection of historic properties),rand'.
the Archaeological,and Historic Preservation act of 1 7 �1 IU.. .C. 6 aa1 et seq,)
G. 51,113recipient shall screen applicants for pro grain eligibility urr er 1986 Iimmi ration and Nationality Act;
as cu rrentfy an'tended.
Ada Subreolpients which procure $1.0,000 or more of insulation products annually are required to prat into
effect an affirmative procurement program to insure the purchase of insulation products composed of
the hifh,,est percentage of recoverable materials practicable taking: into consideration cornpeadtion-,
availability,technical performance and cost in accordance with SeWorr 6002,of the Solid Waste Disposal
Act;, as amended by the Resource Conservation and Roccrvery Act of 1.976, and guidelines promuf aterd
by the, Env rror°rrriental Protection Agency,
f, All applicable Federal miles,re ul,,ations and guidelines as they relate to the a pplrraation, accep;4ance:and
use, of federal funds under this Agreement:=
J Other applicable federal and State,laws, rules, regulations and gUideldnes..
e Su,brecrpient certifie th at neither its organization near any rnernber of the staff is debarred or srrspend'ed
or is otherwise exchudesd from or i neli i€ale for participation in Federal ai,iis"tance programs under 2 Cf,,R.
01 10, "Debarnient, and ausprkmion," Subreciptent may not make any contract to a debarred, or
suspended'party. A current listing of such parties is maintained by DEO for revic
1, PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART'WITH,FEDERAL L MONEY
As r°uyquir u d by Section 508 of Putbfsc taw1 3-333, when issuing Statements, Caress releases, requests
for proposids, bid soli itatrons and other documents describir%projects or pi,ogfams furrided in whore
or in,part with €e deraf money, all t,rantoes rereiving€°ecleral funds, including but not limited to State
and total governments and Subrecipients of I ederal research grants, shall clearly state.
(1( the percentage of the total casts of the prop ram or project which, MI[ be financed with Federal
ri tC1 010 Y
( ) the dollar amount of Federal funds for the project car program, .i nd
(3) percentage and dollar arnou nt of the total costs of the project or program that wilh be financed
by nongovernmental sources,
Mi. INTEREST FROM CASH ADVANCES
uabrr ripients ,halil invest cash advances in compliance 2 C,l .1 - § 700.305(b)( )_ ubrrar„apients
strati maintain advances, of Federal, funds in interest bea ring aeccrunts uniless one of the following
to11dit ion S a0plicm:
NON-PROFITS ONLY
(1.) ubrecipie nt or contractor receives less than $120,000 in, total Federal awards per year,
( ) the best reasonably available interest,4eiring account would not be expected to earn interest in
exr:vss of per year can all Federal cash balances:,
Page 50 of 59
1465
Docu i n Envelope I0.82o F=F7a- 4C54 -Ai79- Q�CIEE74F41 9
taoa&gnF I'opetta:82o�'tF73-134C64o 6�-A570LE08EE74F41 a,
(3J, The depository would require an average or rnira,irciuM balance so high that it would not be feasible
within the expected Federal and non-Federal cash resource, Interest earned off rash,advances shall
be reflected on the monthly Financial Activity and,the close-Taut report.
LOCAL GOVE RN M ENT 5 0 NLY
EXCept for interest earned on �_dirancc, of funds exempt under the irate,-governmental Cooperation,
AC in an (3 1, Ll.5,C 6501 et, seq.) ands the Indian Self Deteriasination ,act (2 3 U. ,C.. 71501, obrecipients shalI
promptly, but at least quarterly, remit interest esarried on advances to DkO. 'Subrecipien,t: may keep
interest arnounts up to S500 per year for administrative expenses, Cxcepat~ as prci i,ded for advance
paymients,. Subrecipient may temporarily invest grant funds, but any interest income shall either b
roturne,d to 01'10 or be applied against DE `s obhilfalion to pay the A, reernrant amount any interest
income earned by the temporary investm(mt of these, grant funds that is not applied against DEO's
obligation to pray shall be returned to DFO at the tiow of submission of the fatal elose•-out report.
N. PROGRAM INCOME
Pursuant to 2, F',It 2 tl 3Fl7and 200.90, Subrecipierit may apply net program income, after costs-
incident to the generation.of gross piograrn incor-ne are deducted, excluding interest incorn , to meet
(natch)ing requ ire rt',ent!, or may reprogran°i ii for eligible program artivitic s:- The amount of parog,rarn
income and its disp osilion must be reported to Gaff at the time of submission of the final close-,out
report, Expenditure of pareap;rar'na iris orne ba la,,rci3s at Agreement raiertt;rind rriiast be approved by DE :
. APPEALS SYSTEM
All complaints received by DEO will be referred to Subre6pient. Subrecipient mast have a written
appeals sys,tern that is
f 1), adopate.d by the Board of Directors;
( ) formatted as a Subrecipient.handout,
(3) posted in the client intake area of Subrrcipient`s agency; and
f,4) provided to those applying for weatherization services.=
Sample format
LIBIIIECIpIENTAPPEALS SYSTEM
In the event of a complaint/appeal, the Comp paint/a peal shall first be beard by the
... (Title of positiora):
should the first designated pa rty be uriablu to resolve the difficulty, the, second cornpiaint/appeo,l will
be heard b
r (Title of Position)-
Should the second Itwel i�ornpalaint/appaea,l be unable to resolve,the difficulty,the final hearing wiill be
held by
t
; .,u . ( omnlittee or Full Board).
Pursuantto 2 CTA, +440,18,Subrecipientand ubrecipi nt" a artractors are requiredto have sufficient
hiabiIity insurance covera ge fear per torrmng w ather1zationJunded actiarities, In addition, Sub retipi nts
Page 51 of 59
1466
Do ru Sign Envelope 10:820EV 1`78-134C 5-4841:3-M79-F DBE-E741`41 aR
DOW,Sign Envelope 110:820EFF7,3-84C,6-4846 A579-EOBEE74F4139
must have Pollution occurrence Insurance (PO-1),, whether included, added to, or a separate Renera,11
liability insurance pollircy, Costs may be charged is a separate fine item on the Fin-ancia I Activity,
Subreciplents must ensure that each contractor is adequately covered by Subrecippent's policy,
Documentation to substantiate all inwrance roverage will be reviewed dur ing monitoring visits. 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 llregld Safe Weatherization
techniques and, have Pol, (or are upider Subrecipient"s policy) rnay work on, pre-1978 dwellings that
Subrecipient has confirmed have, lead paint that will be disturbed through weather nation activities.
PROGRAMMATIC CHANGES
Subrecipient will follow the procedures and guidelines provi'ded in the latest versicin of the WAP
Procedures Manual, Prop p-animitic and guiclehne changes during an agreement perriod may be provided
to Sobrecipient through a State Weatherization Program Notice and are to be considered as updates
and become effective upon date indicated on the Program Notice. The State Program Notice wiff be
sent to Subreo phi ent's Agreement Manager,, Subrecipient: agrees to be bound by all cuirrentIly effettive
State Weatherization Program Notices previously issued by DEO,
Ri MONITORING
fl) DE O shall toriduck is full on5ite reWew of Subrecipient at least once cluring the Agre I ,e m en t period-
Subrecl,pient shall allow DE O to carry out monitoring, evaluation and technical assistance,and shall
ensure the cooperation,of its empioyces,and of any contractors with whom,Su brecipient contracts
to carryout progrirn activities,
DEC) shall, provide training arid tech`nitail assistance, within the limits of staff time and budget
availability,upon request by Subred,pient or determination by DLO of Subreciplient need.
(3 f DEO-shall coriduct fullow-up reviews includinE prompt,returri,visits to Subre6picnt5 that fa it to meet
the goils, standards, and req wire truaruts established by the Stag and Federal funding,agency,
S- THER PROVISIONS
f 1.) In addition, to all other record keeping, public records, and audit requirenients set forth in this
Agreement, Subgrecipient shall make available all books, records, and documents required to be
rnaintained under Otis Agreement available for copying and i-nechanical reproduction on, or off
5ulbirecipient's prenii5es.
(2) If the U S. Department, of Heilth and, Hurnan Services or DOE Initiates a hearing regarding the
expenditure of funds provided under this Agrevortent, 5ubrocipient shill cooperate with, and upon
DEO's written request, participi,te with DFO, in the heid,r7g-
14. WAP ASSURANCES
Subredpient hereby assures Arid certifies as a condition of receipt, of Agreement funding, that it, and its
contractors,will comply with thw applicable requirements,(if Federal -,)rid State laws, rules, regulations,, and
guidelines,As part,of its acceptance and use of Agreement funding, Su bre.cipient assures and Certifies that:
Ai Sulam rip possesses the legol Authority to odmilni5ter the program as approved by Subrecipient's
governing body, indUding 0 assurances contained herein,
B� Su brecipient possesses the sound controls and fund accounting procfedums nece5,iary to, adequately
sa f ,card its assets, c lie ck the a c c uracy arid re I ia b I I i t y o f a cco u nt i n,E.data,promote operating:efficiency
and maintain complia rice,with DEO's prescribed ni a nage m e n t po 11cle S.
C. Subrecipiont wil,l permit and cooperate with Federal and State investilgitions designed to eval'uate
co ropl ia ore vvi t h the la w,
Paige 52 of 59
1467
DoctiSign Ervuelope 10:82QErF73-B4C5-4B4,6-A579-EOBEE74F4139
DtvuStgri Fri loop In a200EFF7a-84C5,4B46-A579-EOBEE74F413q
D. Subreciplent will give MO, the Atiditor General, or any authorized reprcsentafisTs, complete access To
examine all records, books, papers, or documents related to all program operations of the Agrfornent,
inc I ud i n C,those of any co nt f a ctors
E Subrediplent will comply with all of the provisions and practices outlined in DEO's most current
monitoring manual.
F. Subrecipient verifies that its application and all its attachments, inckidtrig budget data, arcs true ,7hnd
correct,.
G. Subrecipient agrees to comply with Publlic Law 103-227, Part C, Environmental 'Tobacco Smoke, also
known as the Fria-Children Art of 19,94 (Act). Ihis Act requires that sroaking not be permitted in tiny
portion of any indoor facility owned of leased or contracted for by an entity and used routintAy or
regularly for the provision of health, day care,education, or library services to children under the age
of 18, if the services, are funded by federal programs either directly or through States or local
governments. federal programs include grants, cooperative agreements, loans or lician guarantees, and
contracts Subrecipient furthor agrPu5 that the above language wi"be included in any subawards,which
, din provisions for chilrdren's services and! that. Subrecipoent shall certify CQFTIp accorlianCQ dingly.
Faiture to comply with the provisions of this law may result in the imposition of a civil monetary penalty
of up to$1,000 per day,
11-L Subriecipient cefjifie,5 that it will or will continue to provide a drug-free workplace as st,t forth by the
regulations irnplementing the [drug-l"ree Workplace Act of 1988: and 2 C-F,131 part 9012
1. Subreciplent's contractors raust maintain, valid licenses that comply with all State and local laws,
o rd i n a rtc es, a n d regulations, Fac h icarit rztctor shall be a pp ro p r i3t e I y licenser, to c over each: activity it is
performing pursuant to this Agreement. Subrecipient shall rnziflntain -copies of all contractor hrenses
(current for the program year when, the work is prerforroed),, as well as, a copy of each contractors
liability insurance policy.
J. To the maxirnurn extem, priictir',a4le, Ow use of servicv.s provided tinder this, Agreement shall be
coordinated with other Federal, State, local, or privately funded programs in order to irnprove energy
eff iciency and to conserve energy,
K. Subreckpient will perrnit attendance by DEO's representatives at any meetings of Subreciplent's Board
of Orrectors,executive cornmittee, or logislalive body,
- End of Anachroent A,2
Page,53 of S9
1468
0000Si ri Envelope 0;820EFF73-54C5-4B46-, J9-EC., EE74F4139
DOW irgfb Envelope 110 829EFE73-84(,54B4 -A 7 -ED EFJ4F4139
ATTACHMENT B
CERTIFICATION
A1112.YPIVINTARY EXCLUSION
Prior to issuing suaba ards or subcontract's under this Agreement, SubreclIplent shall consult the Systems for
Award Ma.nag rnent (SAM) to ensure that organizations under funding consideration are not ineligible.The list
is ca vjiIa4le an the Web at httpas:lf ww .sam gov,
if the Subrecipient will issue subavwards or subcontracts under this A,greernentw the Subrecipi,ent shall cornpl6te
The following information for each subcontractor;
A. T h a prospective suubconI rat Tor of Sub rc ripierit$. certifies, by Rib mis,sion of this
d curnentr diet riryitht r it nor its principals is presently debarred, suspended„proposed for d bartnumt,
deu:lared in(li idle,or voluntarily excpudecl from participation in this transarlion by any Federal
departmcmil; or ip encV,
B. Where Subrecipient's strlUorutr ctur is kanahlle to certify to the above statement,the prospective,
subcontractor shall atl,ach an explanation to this form.
SUBCONTRACTOR: SUBRECIRIENT:
0 it10
( ubc ntrarl r Nvne ur{ r°ecipilent's�Idame)
r _..,. ...
(Signature of Subcontractor Designee.), OEO Agreernent Number
Name& Title
(Subcontractor Street Address)
(Subcontractor City, Stater Zip)
Date of Signature
Page 54 of 5
1469
DacuSign Envelope ED:82[)EFF73-B4C54B4[�-A579-t��1,BEE74F4139
DacuSign EnwiLflope ID 82OF;FF73.,34C5�4,346-A5?9-EOBEE74F,4139
ATrAICHMENT C
1VLT1F1 T$0N 0 V
UILAMAY ..K"L T
SDEIRECIPIE'N"I mooroe- (Ioumkkv AGREEMENT:
Any advance payrnentund(r this Agreement issubject to s,216,184 (16)(a)(b),Florida Statutes and Paragraph
(5)of this Agreement. The Subrecipient shall invest cash advances in compliance with section 200,449,of the
OMB.U niforrn Ad rtiinistrative Requirements,, Cast Principles,and Audit R(,,�qujrvrnentti for Federal Awards,and
Attichmeat B, Soction E of this Agreement- Che(k tire applicable box below(chkck only one).
XNO ADVANCE REQUESTED ADVANCE REQUESTED Program:
No,advance payment is brilng Arivaiiwv payment of is requested,
recLuested, Payment will be made Balance of payments wW be made on a reirmburservierit Iasi
solt.4y on a r6rnbur-sernent basis. No F he se 'funds are needed to,pay st a f f I award benefits to c1i e n t s.
idditiona I information is required, duplicate foirm.q, and purchase St,Ut-Up SUPPI iP-,S and equipmen't.
Wr.,w ou Id not be,able to op e ra te t h e a r og r a rn wi thout t h i,5
advance,
ADVANC6 If aft JdV4r1CV-i�S FOCIAM50ed,complete the following worWievt by
friling,iin the,highlighted cells below-
..........
$A) (13) (C)
DESCRIPTION Funding ffOrTl F u n(ling f roi-n, Funding from
Three Yews Two Years Prevous Ycar 40tal
..
Ago Ago
.............
TOTAt SUBGRANT ALLOCATION
(tnclud,s any base increases ae)d
cariy1ormard
2 FIRI,)t TWO MONTHS OF GRANT
EXPENDITURES'
AVERAGE PERCENT EXPE WED IN
3 F[RSTTW0 MON!HS (Mvitw kao 2 1iV
...............
f irst�W 0 M an 1:11�iq wojf� [I Xog-'00 tyl m vvv,�e r��Rg�,LM nf,�e 6 to he provirf P,(f,Fir i h e vears Y0 ki rec eived
Isar 11W
Ourldlog, if you do u,04 have this iriforriiAtiovi,cal!your Dto contract managou far iss5iivufn(o
I lacy Subreciplent may request an zirnaunt tip to,the hi5torical percent of expenditures for.,the first 2 11-ionths
of tho<igrvement OR 17%of the award, whichever is less,
HI Tr, PCIRCE'IN'T fOR FIRSr 2
VIONflJ5,,
Cell D3 Pr gran Award
17%CAK U LATI ON 0,V
Program Award Percent of Aviard Maximum
Advance
Page 55 of 59
1470
Docu ign f�rtuelope 110;820E F7 -PAC5-4 46-A577g-ELBEE74 41 39
DoruSpg a Ervvee ope ID:
ATTACHMENT
M-99 NT AND PWCUR1I' EN
Sufarecipient shall comply, at a rninirrraurn, knith the property management and procurement standards for
faroperty a d vfine d in 2 C-r.,R,200,8f,, 2 C,E,R: part 2 00, 10 C.F:R. part f 0i),45 C.E.R. 75320, Equipm enr,{and 45
-F,R 75.321. as applicable,
1, Air property purchased, in whso e or in part, with funds froro,this Agreement must be listed on they property
rpcurds of Sutarecipalent, Said Iisting must include a description of the peoperty, a serial number or other
identification number, the funding source of,the property, who holds title,,the acquisition date, and cost of
the property, percentjpe of Federal participation in the cost ;of the property, the location, us, , and
condition of the property, and a,ny transfer„ replaceraaent or uITIralate di,�positirtlr data IncIuding the daatc:o,f
disposal and sale price of the property, if applicable.
2. Subrec pivnt most take a physical inventory of the property acrlurired, in whole or in part, with funds from
this Agreement, rrrconc.rle the results of the inventory with the propertV records, and submit to DE , a
Written property i rive ntory list :and re tonciII at!on report, at beast once a program year. AddIbonaIIy, such a
list and report must be submitted to DE' upon, DEO°s request. This annual' comprehensive, property
iiruuaentory list and recon6hration report is scypar atv and apart from,"ind in addition to, any equaipment reports
required by this Agrr3ement.
,, Ownership of aaU pacape ty sacquiiedl, Nn whole gar in part, with funds from this Agreement Is vested in Ei
Lipo n too aipletioro, i Ili,IudIrig termInatkon,of the Agreement, and as su.ach, a.ty title to such property musk be
vested in DEO by 5utare.crpie nt upon c rnpletrtam, iruclurdin terr'ninratiun, of, the Agreeraarelrat. If Su reecipiemt
c -iirain le& funds froirn this Agreement, all proporty pr,rrchased, in whole or in part, using funds frorn the
account(s) in which any funds frrorn this Agreement are phased, is considered "property acquired, lies whole
le
tar iin part,with,funds from this Agreement" as described herein.
4,. Real property,equipment,arid intara ika e property that are acquired or improved, in whole or in part., with
funds frorri this.Agreement Must be h Pd in trust with the State of Florida is then trustee for the beneficiaries
of they CSO , Ilhl AP, and/or WAP program, The State of Florida is entitled to record liens or other
appropriate niofice5 of record to indicate that;person or real property have Keen acquired or improved with
Federal funds and that use and disposition conditions apply to the property..
m Su brechpient shall compIy with Secti n 507 of Pub,Iit taws 103 333, As staate d Ira tlaas section, it n th:e sx,,,nsv of
Congress that, to the tgxtent practicable, all equipau'aaerat arid produd% purchased with funds made available
in this Act should be American onade.
f n dof Attoch meat
Page 56 of 5
1471
DocuSiign Envelope I'D: 820EF F73-64C 5,-4646-A579-EOBE E74 F4 f 39
0,qqjSiqn Envelope I'D:820EFF 7 -84Q5484 O-A579-EQBEE74F4139
AT-WHIMENT E
5-UP-RECIPIENT INFORMATION
k SUBRECIPIENT. h AGREEIVIENT4::
oe uuj,:T wg
IT. SU BRIECI P1 ENT CATEGORY' (alon-Profit, 19 Laical Govef n m en t
III. COUNTYJIES)TO 13E SERVED WITH THESE FUNDS:
IV. GENERAL ADMINISTRATIVE INFORM ATION -V.0K4&-S -41 af 00-
(5kekVII A kaWi�,
a. Executive Director or Chief Aclmln[wator,
Address,- (100 64MOW,� C; ir city lArts�, IFL Zip;
TelephoneF Cell; Email, -=$-9T(Qh&qn. er-
W,ai,Iray odd(ess if drffeeeo r ffoer)sae ve
14 I k ra-,Co ueo,4
Mailing Address, City A Zip:
b., Chief Elected Official for Local Governrnerits or Pre sident/Chair of the Board for Nonprofits:
Narne; Title,
Addrpss*: FL Zip:
(iflei)I-j are-. Fix: Frlla0:42,011
*Iwe(hamo oe busitle.5s fjdd(es�, u'lephwir nuinbersund PmM wher Chcrn the
C For Public Agencies-Chair of Community Action Board-
N Tilt n:
Address": i t y; ,FL Zip'.
Telvphone; F a x E rn�1 i 1:
p t er home 0 f b u 5 if s es S widres S,t eklp h o e?e a u en b er s and e!en a 0 o t h v r Y 17 a n t h r,5 ifh re rip i r-ri 4's
d official to Receive State Warrant,,
Wine: Ke-V d*k- (itle,
Address. 56t), e=k- ciky ' ' FL Zip:
0, Subreciprient Contacts: e3
F. Program: Name: Tale:
Ad'd re ss: :City I'L Zip;I
Telephone; lt5[p Fax;
Cell: Fritititil;
2. risual; Write: U'�,03 Title.
Address;
CAY: ,FL Zip:
kol LA-AM4-
Telephone:.
C30,
Cell- Email:
��,C4
f. Person(s)authorized to sign report:
Nam Clio," Tali?,: a 5wzu-(-
e-.
Name:;
-1 ifle
Name, Title;
lg. FEIDNumbm h. DUNS Number:
K Hours of Operation,, JDays) Mor%dixv EP-11PA-y (Hoursf ly 11P
V. SURRECIPIENT FISCAL YEAR: I thin Slr-of
e.g. OCt 1 thrU Sep 30)
Page 57 of 59
1472
t]rs�u i s erivelicipe I ; 8 t.1EFF7 -f34 5-4846-A579-EGEEE74F41 9
� �a i il7 rb� lep ED 820EFF-7 -B4ixt-4046-A$79 OOEE74b47 S'
ATTACHMENT
TRANSPARENCY RENC E UI E ENT
j, I 5ut�rC?„ilia_"IIt ala,allerrsiarra th'Nat lirtryt,riraONwithi A tghr'rr'Wlrr-a:`m(c r-rts out Iifv?d in fecjr-,gall law ar)d
rippircailA l `ataits, policy,
2, the ro`iowking inrornit'rtton must be 1:;osclud an the Srrlare ipient`s '�-ebslte in i lia�rijlei t° 0
& An r tanilatiOnal CE10ft
1111. Notir.ra of dl %hiuetdrrhtrs aa1 Is%nt t,rwei d"s Ware the irTlecting is ka ocirao, NR:btiB,(' way .a1.ben al
mer1:ithga must st Im, j'ii'Umd at least y2 lumus 4ar'1aup tlho num,tr"'it?. is tra tee"Air",
C Fruployr,a, [bra,Hums and WHY Ir orrmihon for nth h position Om14Sis ing any Wiefits and
I"€r°rfofI11;-1r,v,I�1,btlr11"I',',%)
D. A plain lari ua r vvr-Obi of any cont that is estfniarte l to ext:et°" l ,�I.,t1ty�_`f vrithi at garrwr,atr%az lit ity,
niminiaaiiiMily; City. t fah, of verulor of sefi°aftsr,, wul:rlbliok or ta.ratti.am, iry Wd niq I'Ihaar`M rT chr ii r
the I;rcrm hale?a of W4,qu of me of k *iits, Worn`n or I1m ;;'rt ,,,s,
E. A Or of sail 14k7,i.irr,t gait."rhlbers, If u,ilil'cabls,m and till-= company rar e its^y Mat thre Baud illefitila" is
orrilaNrc °r1 by r.ar ci-ozHV ti,W t hhAr twi maa of y iv if:v.
! WterhCnW rgwerrhenj L an aaibthlih Raba
i . Singh. Audit,for Ore last two y ,w',
H. g=a11:°elong mini.ia.rW'as whin 15 day (Aappi oval.
` r v ,;i een rat, n Lanni: or rathl,it' thh at r="1t- h1,i.'s, "s rt.l�"ir t.r-orrp. to res o i. tlailit Iov oy
q. yall ai�t a r t �s` it y rt. �, 1 t 7 a
Wain-,the`awlt?,r.4,0rient israxlbor.ted.umbibutt,.:ir rimnAW ini gbrafi+,i m ihr€a9or Minr'kt!r0'tk'hl=rat vw!rr,
4 1rhe cost is not e m3,Ia'cAod to _.n4.'C`d "535,000.
J. At report:that 10 Su b+a(ig¢ir%iht aunt E r noraaw p'rursu alit to Fr^.ltirrad'.iW FIr.a% ci.h law,
3. 1 W Subrer:4 (,--:"it sti a l f oropf y 4" 1h the requireniamts of 1 r.r 11 41 BLiniv rw,al idenlider and System
for A%%-,rid Pvt„hrrsigonivr'it (SANsly 1lharr, must have an active iingistraaiRmi in SAKA in
„ica rar4lrmn! with ? CFH paint 25. ztp1iendx Aa{hr'hd must have a Datwi i niviir s,hl NlLlrnb,,riflf,, System
nr.rir%hbek Thn uN eupient rint6t-,ii0c nafal+y wih tlri:h`vat*amoa rht thu f We anal Wring Arxr urwa bditry
and f 'aUn�sparency ct'z wralhirli iniludes, rerttiiroripritaa on e,hdec tiVe conipensaftion and R LV 1/0
hit;tirstirttihfr Solmwad and f. 'C:L,rtrV� ad riitJh!ii ;iCld3rh €i tbl rll Lti ri.
4- tri &;olhlpalt;a K o ra all sw inior n 3 Rol ,irir,l rl 1 yi_11 34, tlrai irl l 1-at=ilra'w,if t laia�6rt�rr•c.it,rrai�la 11a,a:rt%,I awt`a,
li'4til4 err°g"`a,, {f it'11,r,.IC tr3i's, ..f?5+contsac tic rs or any od,r ''r eritlty f.e lti:i€runts tho y,erssp€C,'; oft l7efiiAl'o f
etiC, at.rla {e'l. i}Ei°3,3, I i'hrl'a4 {,i:Pt" has i eaarbrISIblh CaUSC to SAJ[,tli?`f.t that a i,l'�fl�lr lfa4" l pftmrson, or£')85,1bfecj
OHM <<w of has Wan =itlih°od, Ilra`tg(a4cata:arl, Sit i N..rlaaita d, we su bir_a,iphie i; agrcV; to Irnraia.rl,,;ita:ly
report such knowledge or suss?iC on to ke clo d ai att'ano Wirhs-tbay c alllrhl5 t 800, ')6ABI..51, car -via
the web rr,pot'tlnlg iaf)Uon huts;/ nthfif.,i€iliii�-,-�.cr.�i /survt( 4hroErsnisla bus h tlaric'/repo t
ibr l4birWonil or an lax att 110591411004
, Corl..,Jmz nt waaitt 2 CFR 20t;1.1 11 the Su brur,iliient must, wilti-hin one :bullies~ day of discovery.
disclose Violation of Federaw' C`s`€Yrin-W law iriv lying Vaird, Bribery, or g,railing+y' '�`rra,al,allt i
iai tentuOy Wcawing the federal awmd. Additionaally`, the SfaaNr;t,ip it shia N dIP,r„`csse Earl}F riWwr on—
¢;o1'.n civil or Wrhun l laig,3`.atim:n, iri est91 othon, aarib€1r'a"ition, of, ack.ai,imt'ative prCbLeL°drng 1k15o
[?xi`"a_ution W that';.. Agreement
Page 58 04 5
1473
DowSyn Erivehp 10:a2�OEPr7�-M(',r)-4846-A579-E OBE E74F41343,
DUCIASIn EVIVIMPO 40:82QFFF 7'3-,84C5-484�-A5�79-EQBE�74,F4139
6, 1 or all frnWs provided by It(Xwhvn kwirignaWnterits, press relea set requests foi [mr4lonak, !)&I
sokdwoWns,tart oHWq dmumerQdtwjiba-ig;pmpmU or proWomi Wndechri Whok or & pa0wRI'l
federal money, the Sub;renpront AmIl WHV suRe (i) tho perCentriEp of the total costs of the
programor project vyl-ii0i wikhir,-,fmancvd mith federal Mnty 00thO dWU"rrrrmnhA
for thr- projcd on program; and (A) the percentaRe and duHar arnicamt of Me total mus of the
project cir program that will he hndixed by r-inn-yovornments! sourcon, Con"didated
Appropiatkins Aut of 2011 PA, I. . No. 115144 132 Sat 3% dw FL forle V, Sec. ".at S (Mar 23,
201 a)
7. in cconlohariLe with toction 28bv. Hodda MAtmem the Sir[.')r0Cjpiv.riA will orr�,,orr,' arly
sponsorsaprografn financed, in Wdeor H! part, wrthfund,,,
pinwANd unly Wis Are"umt wM, in pubhcu ing, advo i RUW, w do wHlaing Me 5porrsorship of
the progran, stitc., "S[--jonson-d 1, KNOW narne,) anrl 0"ie, Yiate of Florida, of
Lcol'I'Dr-rin: 01-eporlonity " ff sponsorshh) reference i� in wrilte,.n (urni, tire
Wita, Dupsiannent of Fcm"mnq Opportun,ity" willammurin tho ,-mie Ei7olettorr, or type as
name of We enmy
8, The SWUMMA ShAll "GIVIll"n a PUMNIOW19 PUWVMVO in allVtdMKX wah ss. 4AISUP)O) And
42D.50Q2?) WondaStahjtos. TheTabrucoWnt!s pumtiashR procedwe irmust, at ntniiniurn:
A. I nsme that A 1.hrim1wising decisons are candi-fued in d INH"pownt rnmutro;
A Faster cornpelduon to on"ver that the SnbrecipInt rvizeives the best value pussaAe;
C. ReWme dppovak in Accordance Wth the Submcipient's gAddirte, pHor la emerWg Wo a
,A)IMCI thOt is eXOMpt fWnI a C0IIIJr.)0,'1!l:.ihvk-'� process thi, ;erviros, (,')r "'ire
wabble onN tam a s0gla w4w;
D. Require that an intent to Award a wrnpetitWe contract be published an the SubrecIlAw's
webwe at tag 3 LYL.iseress days p"101,to exu"UnIon, an(f
E. Rioquire Out the Subrivooeoit takv advantage of state torm contraus negotiand 11 the flori,cla
Dvpn0nwnt of Mawyei-nal Suvices to the gremest (,,Xter)L
9. f he Subrecoient shvill inninta"i An employer, eth."cs code wkodeled after thy,. provr'�ionk,of chf ,jpter
11)4 1 lando Stamm, which addresses prohiblions on: be acceptance of gik, seirdealing,
unnurhorued cornp,'.�,rr'atgoir, cor)(hUht; employinerit or contractual rinknonApt inq4rophatt'
doclosury ond rise of irdormation, And rinpotism
10. All SuWecipient Vavel expenses for this agneemem rnust, be in accordance with section 112.06.11, F,S,
-End ofAltochmenf F-
Page 59 of 59
1474
D6
d 4
2021� m
Date: April 9, 2021
Vendor: Monroe County-Low Income Home Energy Assistance Program (LIHEAP)
Contract Title: Low Income Home Energy Assistance
Description of Amendment to Extend Contract Term
Packet Purpose:
Contract CON594
Number:
Originating Customer Service
Department:
Utility Board N/A
Approval Date:
Base Contract: April 17, 2016— March 31, 2019
Renewal Terms: /A
Current Term: April 17, 2021 —April 16, 2024
Liquidated N/A
Damages Date:
Rebid Date: N/A
Cost:
Notes: LIHEAP desires KEYS to execute agreement first
® Department Approval M Vendor Approval Z Pricing/Supporting Docs
❑ Insurance ❑ Unit Price Contract El PO N/A
Buyer V -
Supervisor of Purchasing
Originating Department Supervisor
Originating Department Director
General Manager&CEO
1475
AMENDMENT #2 TO UTILITY PAYMENT AGREEMENT
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM
BETWEEN
Monroe County Board of County Commissioners/Monroe County Social Services
11.00 Simonton St., #1-190,Key West, FL 33040, (Office) 305-292-4588; (Fax)305-295-4359
AND
Utility Board of the City of Key West, FL.,D/B/A Keys Energy Services
P.O. Box 6100, Key West, FL 33040, (Office)305-295-1020; (Fax) 305-295-1034
THIS 2 d AMENDMENT to the Utility Payment Agreement is made and entered into on
this 3 1'day of MARCH, 2021, by and between Keys Energy Services and Monroe County
Board of County Commissioners/Monroe County Social Services:
WHEREAS, Keys Energy Services and Monroe County Board of County
Commissioners/Monroe County Social Services entered into a Utility Payment Agreement
(hereafter"Original Agreement)effective April 17,2017,in order to receive utility payments from
the Low-Income Home Energy Assistance Program (LIHEAP) operated by the Monroe County
Social Services Department; and
WHEREAS, the I' amendment to the original agreement extending the term. of the
Original Agreement was executed on April 12, 2019; and
WHEREAS,pursuant to the I't amendment, the Original Agreement will expire on April
16, 2021; and
WHEREAS,the LIHEAP program serves the best interests of the Monroe County citizens
and the parties desire to extend the Original Agreement; and
WHEREAS, the Sr. Director of Social Services, Sheryl Graham, is authorized under
Monroe County Resolution 064-2015 to execute amendments to contracts which have been
previously approved and executed by the Board of County Commissioners;
NOW, THEREFORE, in consideration of the premises and of mutual covenants and
promises hereinafter contained,the parties hereto do hereby agree as follows:
SECTION 1. Article I of the Original Agreement is amended to read as follows;
1. This agreement will begin on April 17, 2021 and will end on April, 16,2024. The
agreement will be reviewed/renewed no later than MARCH 31, 2024.
SECTION 2. All other provisions of the April 17,2017 Original Agreement not inconsistent
herewith, shall remain in full force and effect.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
IjUtMty Paynietit Agfeei,netit
1476
RECIPIENT UTILITY
MO OE COUNTY BOARD OF COUNTY UTILITY BOARD OF THE
COMMISSIONERS/MONROE COUNTY CITY OF KEY WEST, FL.
SOCIAL SERVICES D/B/A KEYS ENERGY SERVICES
1100 SIMONTON ST. 1-190, KEY WEST, P.O. BOX 6100
FLORIDA 33040 KEY WEST,FLORIDA 33040
Y. ...........
BY:
(Signature) (Signature)
gLynne Tejeda,General Manager&CEO
(Name and Title) (Nwne and Title)
Apr 14,2021
(Date) (Date)
3/2/2021
NAOE COUNTY ATTOTINEY
PIOVE"! �o
..........
PED* J-MERCA
ASSISTA;tr CWNTy ArMnNey
Date
2JUtHity Payrnent Agreement
1477
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LIHEAP
Final Audit Report 2021-04-14
Created: 2021-04-09
By: Amanda Rodriguez(amanda.rodriguez@keysenergy.com)
Status: Signed
Transaction ID: CBJCHBCAABAAKsfJvWzw1-pNW21OFA_dF4ywzt9lxJda
"Contract Summary Con594 Monroe County -Low Income
EnergyI to c Program !' History
Document created by Amanda Rodriguez (amanda.rodriguez@keysenergy.com
2021-04-09-2:13:24 PM GMT-IP address:68.216.34.10
Document emailed to BRITTANI HARDEN (brittani.harden@keysenergy.com)for signature
2021-04-09-2:15:15 PM GMT
Email viewed by BRITTANI HARDEN (brittani.harden@keysenergy.com)
2021-04-09-2:35:15 PM GMT-IP address:104.47.65.254
Document e-signed by BRITTANI HARDEN (brittani.harden@keysenergy.com)
Signature Date:2021-04-09-2:35:34 PM GMT-Time Source:server-IP address:68.216.34.10
Document emailed to Amber Menendez(amber.menendez@keysenergy.com)for signature
2021-04-09-2:35:38 PM GMT
tl Email viewed by Amber Menendez(amber.menendez@keysenergy.com)
2021-04-12-5:03:10 PM GMT-IP address:68.216.34.10
Document e-signed by Amber Menendez(amber.menendez@keysenergy.com)
Signature Date:2021-04-12-5:03:35 PM GMT-Time Source:server-IP address:68.216.34.10
Document emailed to Erica Zarate (erica.zarate@keysenergy.com)for signature
2021-04-12-5:03:37 PM GMT
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Adobe Sign
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Email viewed by Erica Zarate(erica.zarate@keysenergy.com)
2021-04-14-5:58:20 PM GMT-IP address:68.216.34.10
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79
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
SOCIAL SERVICES
LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
UTILITY PAYMENT AGREEMENT
This Low Income Home Energy Assistance Program ("LIHEAP")Utility Payment Agreement
(hereinafter"Agreement" or"LIHEAP Agreement")is made this day of April, 2024 by
and between Monroe County, a political subdivision of the State of Florida (hereinafter
"County") and the Utility Board of the City of Key West, FL DB/A Keys Energy Services
(hereinafter"Contractor"), whose address is P.O. Box 6100, Key West, FL 33040.
WHEREAS, the LIHEAP program provides heating/cooling bill assistance in the form of either
a LIHEAP Home Energy Benefit or a LIHEAP Crisis Benefit on behalf of eligible households
that meet income and residency criteria; and
WHEREAS, County and Contractor have participated in the LIHEAP program since 2013 and
have found this Agreement to be mutually beneficial to one another as well as qualifying
individuals residing in Monroe County; and
WHEREAS, County and Contractor wish to continue to work together to administer the
LIHEAP program grant funds within Monroe County by renewing this Utility Payment
Agreement; and
NOW, THEREFORE,in consideration of the mutual covenants and promises contained herein,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and both parties intending to be legally bound,the parties hereto agree as follows:
1. Purpose
This Agreement shall govern the purchase of utility services from the Contractor on behalf of
households eligible for the Low-Income Home Energy Assistance Program (LIHEAP). This
Agreement is a contract between the County and Contractor for the provision of utility bill
payments to assist low-income households within Monroe County. The current grant period for
these funds is October 1, 2020 through June 30,2024.
2. Term of Agreement
This Agreement will begin on April 17, 2024 and will end on April 16, 2026. This Agreement is
contingent upon the County being awarded the grant beyond the current grant term which
currently expires on June 30, 2024. Should the County not be awarded LIHEAP grant funding
beyond the current term, this Agreement shall terminate on June 30, 2024. This Agreement shall
be reviewed no later than March 31, 2026. This Agreement may be extended by the parties subject
to section 3 of this Agreement.
3. Modifications of Agreement
All modifications to this Agreement shall be in writing and agreed upon by both parties.
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4. Termination of Agreement
This Agreement will terminate effective immediately upon determination by the County that the
Contractor is not in compliance with the terms of this Agreement. The Contractor will be
notified within 15 calendar days of the termination. Either the County or the Contractor may
terminate this Agreement with or without cause and without cost by giving the other party at
least 60 calendar days written notice. Termination by either party shall not discharge any
obligation owed by either party on behalf of a household that has been awarded a LHJEAP
benefit.
5. County Responsibilities
The County shall:
a. Provide the Utility with a list of names and contact information for all agency
personnel authorized to commit LHJEAP funds. The Utility will only accept
payment commitment from authorized County personnel. Changes
(additions/deletions)to the authorized personnel list must be approved in writing by
an authorized County representative;
b. Provide energy payments directly to the Contractor on behalf of the LHJEAP eligible
customers;
c. Provide a purchase order or payment transmittal sheet, which is a binding
commitment to pay, to the Contractor within 10 days from the date of the County's
promise to pay. The County shall provide payment to the Contractor within 45 days
from the Application date;
6. Contractor Responsibilities
The Contractor shall:
a. Provide the County with a list of names and contact information of all Utility
representatives authorized to resolve the LHJEAP eligible customer's energy
payment crisis;
b. Assure that no customer receiving LHJEAP assistance will be treated adversely
because of such assistance under applicable provisions of state law or public
regulatory requirements;
c. Agree that only energy related elements of a utility bill are to be paid with LIHEAP
funds. No water or sewage charges may be paid except if required by the Utility to
resolve the crisis;
d. Agree that only direct costs of energy related elements of a utility bill are allowed.
No charges that result from illegal activities such as bad checks or meter tampering
will be paid with LHJEAP funds. The Contractor is aware that such charges are the
responsibility of the customer, and it is the County's responsibility to identify such
charges and exclude them from their payment to the Contractor;
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e. Understand that when the LH-1EAP benefit amount does not pay for the complete
charges owed by the customer, that the customer is responsible for the remaining
balance owed;
f. Assure that the eligible customer will not to be treated differently than any other
Keys Energy customer, either in the cost of goods supplied or the services provided;
g. Assist the County in verifying the LH4EAP customer's account information. Subject
to the Contractor's privacy requirements,the Contractor agrees to provide the County
with the following detailed customer account information: (1) current amount owed,
(2)due date/disconnect dates and(3)amount necessary to resolve the crisis situation;
h. Return payment to the County if the Contractor is unable to apply a LIHEAP
payment to a customers account
7. General Conditions
a. AUTHORITIES: Nothing herein shall be construed as authority for either party to
make commitments that will bind the other party beyond the scope of services contained
herein.
b. DISCRIMINATION: The Contractor shall not discriminate against any household
because of race, religion, color, sex, national origin, age, disability, political beliefs, sexual
orientation, gender identity, or any other basis prohibited by state or federal law relating to
discrimination.
c. CONFIDENTIALITY: The Contractor and the County agree that any information and
data obtained as to personal facts and circumstances related to households shall be
collected and held confidential, during and following the term of this Agreement, and shall
not be disclosed without the individual's and County's written consent and only in
accordance with federal or state law. Contractor's who utilize, access, or store personally
identifiable information as part of the performance of this Agreement are required to
safeguard this information and immediately notify the Agency of any breach or suspected
breach in the security of such information. The Contractor shall allow the County to both
participate in the investigation of incidents and exercise control over decisions regarding
external reporting.
d. SUBCONTRACTS: The County reserves the right to require the Contractor to obtain
permission to subcontract any portion of the work. If requested by the County, the
Contractor shall furnish to the County the names, qualifications, and experience of their
proposed subcontractors. The Contractor shall, however, remain fully liable and
responsible for the work to be done by its subcontractor(s) and shall assure compliance
with all requirements of the Agreement.
e. FRAUD: The Contractor will be permanently disqualified from participating in the
LIHEAP upon the first finding of LH4EAP fraud. Fraud includes, but is not limited to,
intentionally providing false information to the Agency or knowingly allowing others to do
so; intentional failure to notify the Agency of a change in circumstances that affects
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payments received by the Contractor; intentionally accepting payments that the
Contractor knows, or by reasonable diligence would know, the Contractor is not entitled
to by virtue of an overpayment or otherwise; or intentionally making a claim for a
payment to which the Contractor is not entitled pursuant to the terms of this Agreement
and all applicable rules, regulations, laws and statutes. Repayment must be made unless
contrary to a court order.
f. NON-FRAUD OVERPAYMENTS: For overpayments received by the Contractor that
are not the result of intent to defraud, the Contractor shall be required to repay the full
amount to the Agency.
g. BINDING ON HEIRS AND ASSIGNS: This Agreement shall be binding upon and
inure to the benefit of the respective successors and assign of each party, but does not
otherwise create, and shall not be construed as creating, any rights enforceable by any
person not a party to this Agreement.
h. DUE AUTHORIZATION: The persons executing this Agreement on behalf of a party
represent and warrant to the other party that he or she has been duly authorized by such
party to so execute this Agreement.
i. NON-DISCRIMINATION: The Contractor and County agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective the
date of the court order. Contractor agrees to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to non-discrimination. These include but are
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination in employment on the basis of race, color, religion, sex or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on
the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss.
6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service
Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VHI of the Civil Rights
Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
12101 Note), as may be amended from time to time, relating to nondiscrimination on the
basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) Any other
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nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375,Amending Executive Order 11246
Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R.
Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11, ¶ C, agrees as
follows:
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee
or applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representative of the contractor's commitments under this section, and shall post
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copies of the notice in conspicuous places available to employees and applicants
for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
7) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for non-compliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
j. FORCE MAJEURE: Contractor shall not be responsible or liable for any failure or delay
in the performance of its obligations hereunder arising out of or caused by, directly or
indirectly,forces beyond its control,including,without limitation,pandemics, strikes,work
stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or
natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities,
communications or computer(software and hardware) services, or any other circumstances
beyond that party's reasonable control. Contractor shall use commercially reasonable
efforts to resume performance as soon as practicable under the circumstances.
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k. FLORIDA PUBLIC RECORDS LAW (FLORIDA STATUTE 119.0701): Contractor
must comply with Florida public records laws, including but not limited to Chapter 119,
Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all documents,
records, papers, letters or other "public record" materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract upon
violation of this provision by the Contractor. Failure of the Contractor to abide by the terms
of this provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all, attorney's fees and costs associated
with that proceeding. This provision shall survive any termination or expiration of the
contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement and their authorized
representatives shall have reasonable and timely access to such records of each other party
to this Agreement for public records and auditing purposes during the term of the Agreement
and for five (5) years following the termination of this Agreement. If an auditor employed
by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement
were spent for purposes not authorized by this Agreement, the Contractor shall repay the
monies together with interested calculated pursuant to Section 55.03 the Florida Statutes,
running from the date the monies were paid to Contractor.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public
records laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform the
service.
b. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes,
Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration
of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public
records in possession of the contractor or keep and maintain public records required by the
public agency to perform the service. If the contractor transfers all public records to the
public agency upon completion of the contract, the contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
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requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to Monroe County, upon request from the
public agency's custodian of records, in a format that is compatible with the information
technology systems of Monroe County.
If the contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable time
may be subject to penalties under Section 119.10, Florida Statutes.
Contractor shall not transfer custody, release, alter, destroy, or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by
law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY,AT (305) 292-3470,
Il�uir�aui�,;�llllll�^ Il�vir„uu��ui ui�o P 'iwiruiruo�,�vi�wiri, c/o Monroe County Attorney's Office, 1111 1211
Suite 408, Key West FL 33040.
1. RIGHT TO AUDIT.Availability of Records. The records of the parties to this Agreement
relating to the Project, which shall include but not be limited to accounting records (hard
copy, as well as computer readable data if it can be made available; subcontract files
(including proposals of successful and unsuccessful bidders,bid recaps,bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change order
files (including documentation covering negotiated settlements); back charge logs and
supporting documentation; general ledger entries detailing cash and trade discounts earned,
insurance rebates and dividends; any other supporting evidence deemed necessary by County
or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to
as "County Clerk") to substantiate charges related to this agreement, and all other
agreements, sources of information and matters that may in County's or the County Clerk's
reasonable judgment have any bearing on or pertain to any matters, rights, duties or
obligations under or covered by any contract document(all foregoing hereinafter referred to
as "Records") shall be open to inspection and subject to audit and/or reproduction by
County's representative and/or agents or the County Clerk. County or County Clerk may also
conduct verifications such as, but not limited to, counting employees at the job site,
witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations, special
charges, verifying information and amounts through interviews and written confirmations
with employees, Subcontractors, suppliers, and contractors' representatives. All records shall
be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses
the independent authority to conduct an audit of Records, assets, and activities relating to
this Project. If any auditor employed by the Monroe County or County Clerk determines that
monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized
1487
by this Agreement or were wrongfully retained by the Contractor, the Contractor shall repay
the monies together with interest calculated pursuant to Section 55.03, F.S., running form
the date the monies were paid to Contractor. The right to audit provisions survives the
termination of expiration of this Agreement.
m. E-VERIFY. Beginning January 1, 2021, in accordance with Section 448.095, Florida
Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization status
of all new employees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to the
Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the work authorization status of all new employees hired by the subcontractor during
the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor
does not employ, contract with or subcontract with an unauthorized alien. The Contractor
shall comply with and be subject to the provisions of Section 448.095, Florida Statutes.
n. SEVERABIL,ITY: If any provision of this Agreement or the application thereof to any
person or circumstance is held to be invalid, the invalidity shall not affect other provisions
of this Agreement, which shall be given effect without regard to the invalid provision or
application.
o. ATTESTATIONS: Vendor agrees to execute such documents as the County may
reasonably require, including, but not being limited to, a Public Entity Crime Statement, an
Ethics Statement and a Vendor Certification Regarding Scrutinized Companies.
p. PROMPT PAYMENT AND PURCHASING POLICY: The County is exempt from sales
and use taxes. Payment will be made according to the Florida Local Government Prompt
Payment Act, Sections 218.70-218.80, Florida Statutes. Monroe County's performance and
obligation to pay under this contract is contingent upon an annual appropriation by the
BOCC. Vendor shall submit to the County an invoice with supporting documentation in a
form acceptable to the Clerk. Invoices may be submitted upon completion of the services.
Acceptability of the invoice to the Clerk is based on generally accepted accounting principles
and such laws, rules and regulations as may govern the Clerk's disbursal of funds. Invoices
shall be sent to the County Social Services department who will review the documents and
route them to appropriate County Staff for approval. Upon receiving all required approvals,
the invoice(s)will be forwarded to the County Clerk's office for payment.
The parties to this Agreement acknowledge the responsibilities, specified above, and will provide
the accomplishment of this service in a mutually acceptable and efficient manner.
{remainder of page intentionally left blank; signatures to follow}
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RECIPIENT CONTRACTOR
MONROE COUNTY BOARD OF COUNTY UTILITY BOARD OF THE
COMMISSIONERS/MONROE COUNTY CITY OF KEY WEST, FL.
SOCIAL SERVICES DB/A KEYS ENERGY SERVICES
1100 SIMONTON ST. 1-190, KEY WEST, P.O. BOX 6100
FLORIDA 33040 KEY WEST, FLORIDA 33040
BY:
BY:
(Signature) (Signature)
tejeda Lynne
(Name and Title) (Name and Title)
Mar 25, 2024
(Date) (Date)
ATTEST:
KEVIN MADOK, CPA, CLERK
(SEAL)
Approved as to form and legal sr cti c w'..._
Monroe County uanty Attunrune'v's Office
C"haistim Cony,Assistant County Attomey
1489
iiii 24
Final Audit Report 2024-03-25
Created: 2024-03-25
By: Cagle Petit(cagle.petit@keysenergy.com)
Status: Signed
Transaction ID: CBJCHBCAABAAaTtSZY4ae-X5G913DxVL49sKL1y7UgVv
"LI H EAP March 2024" History
"1f) Document created by Cagle Petit(cagle.petit@keysenergy.com)
2024-03-25-2:37:58 PM GMT
..'' Document emailed to tejeda lynne (lynne.tejeda@keysenergy.com)for signature
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"'m Email viewed by tejeda lynne (lynne.tejeda@keysenergy.com)
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t� , Document e-signed by tejeda lynne (lynne.tejeda@keysenergy.com)
Signature Date:2024-03-25-3:22:35 PM GMT-Time Source:server
" Agreement completed.
2024-03-25-3:22:35 PM GMT
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