Item C40 C40
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
July 17, 2024
Agenda Item Number: C40
2023-2684
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham
N/A
AGENDA ITEM WORDING: Approval of"First Amended and Restated Federally Funded Subgrant
Umbrella Agreement E2012" between the Florida Department of Commerce (formerly known as
Florida Department of Economic Opportunity) and Monroe County Board of County
Commissioners/Monroe County Social Services to extend the contract period by one additional year,
effective 7/01/2024 through 6/30/2025.
ITEM BACKGROUND:
This cost reimbursement agreement encompasses the pre-existing Low-Income Home Energy
Assistance Program (LIHEAP) agreement, Weatherization Assistance Program(WAP) agreement and
the Low-Income Household Water Assistance Program (LIHWAP) agreement under one subgrant
umbrella agreement. The purpose of this amendment is to extend the Agreement by one additional year,
and to change the name of the agency from the Florida Department of Economic Opportunity to Florida
Department of Commerce.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved Amendment#2 to Umbrella Agreement on 07/19/2023.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Agreement Extension of Time and Department of Commerce Name Change
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
BACKUP Item D26_FDoC.pdf
Social Services -E2012 - Co erce_lst amended and restated ag t 6_21_24(KGW).pdf
2041
FINANCIAL IMPACT:
N/A
2042
Kevin Mad* cpA
Monnty Clerk of the Circuit Court& Comptroller roe Cu , Florida
DATE: Augmst I t, 2023
TO: Slien,l Gralimit, Director
Social Ser-vices
1,0ur(les Fraiicls, Sr. A(lininistrator
Trarisportation & Fiscal Ser-6ces
FROM: Paincla G liarico (, i'
SUMECT: July 19"' 110CC Meeting
Attached is mi electronic copy offlie following, Itilly exectite, itein I'Oryour lian(fling:
D26 Second Amendment #2 to Federally Funded Subgrant Umbrella Agreement E2012
between the Florida Department of Commerce(formerly known as Florida Department of Economic
Opportunity)and Monroe County Board of County Commissioners/Monroe County Social Services to
extend the contract period by one additional year, effective 7/01/2023 through 6/30/2024.
Should you have miy questions please feel Free to contact ine a( (1305) 292-3550.
Cc: (:otinly Attorney
FilialiCe
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
2043
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AMENDMENT NUMBER TWO OF AGREEMENT BETWEEN THE
FLORIDA DEPARTMENT OF COMMERCE
AND
MONROE COUNTY
On March 16,2021,the State of Florida,Department of Commerce("Commerce"),formerly known as the Florida
Department of Economic Opportunity, and Monroe County, Florida, ("Subrecipient"), entered into Subgrant
Agreement E2012("Agreement"). Commerce and Subrecipient are sometimes referred to herein individually as
a "Party"and collectively as,"the Parties."
WHEREAS, Section 4 of the Agreement provides that any amendment to the Agreement shall be in writing and
execuited by the Parties thereto; and
WHEREAS,the Agreement was previously amended on,June 07, 2022; and
WHEREAS, the Parties wish to amend the Agreement as set forth herein as part of a joint effort to align
Subrecipient spending with, legislatively appropriated state budget authority. State budget authority is
determined on an annual basis through the aigency's Legislative Budget Request process.The Legislature reviews
the Legislative Budget Request and determines the amount of state budget authority, which is then codified in,
the General Appropriations Act. This is a process required annuaillly Iby state law; state budget authority is snot
determined by the total federal award received by the state.
WHEREAS,this amendment memoriailizes the alignment of Subrecipient spending with legislatively appropriated
state budget authority and aligns the Period of Agreement with the state fiscal year. Doing so is of muitual benefit
to Subrecipient and Commerce and ensures enhanced transparency and collaboration to the Parties continued
work to provide meaningful services to Floridians.
NOW THEREFORE, in, consideration of the mutual covenants and obligations set forth herein, the receipt and
sufficiency of which are hereby acknowledged,the Parties,agree to the following:
1. As set forth in the REPRESENTATIONS section on, page I of this Agreement, the following provisions are
hereby added:
F. The Parties have engaged in a joint effort to align Subrecipient spending with legislatively appropriated
state budget authority, State budget authority is determined on an annual basis through the agency's
Legislative Budget Request process. The Legislature reviews the Legislative Budget Request aind
determines the amount of state budget authority,which is then codified in the General Appropriations
Act. This is a process requiired annually by state law; state budget authioritV is not determined by the
total federal award received by the state;and
G. This Agreement memorializes the alignment of Subrecipient spending with legislatively appropriated
state budget authority and alligns the Period of Agreement with the state fiscal year. Doing so is of mutual
benefit to Subrecipient and Commerce and ensures enhanced transparency and collaboration to the
Parties continued work to provide meaningful services to Floridians; and
H. Commerce's obligations under this Agreement are contingent upon the continued availability to
Commerce of legislatively appropriated funds that may be used and are sufficient to support funding
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award/rellease, and upon Subrecipient's satisfactory performance of its obligations set forth in this
Agreement, as determined by Commerce,
2. Section 1., PERIOD OF AGREEMENT, of this Agreement is hereby deleted in its entirety and replaced with
the following:
1. PERIOD OF AGREEMENT
The Effective Date of this Agreement is July 1, 2023. This Agreement ends on June 30, 2024 (the
"Expiration Date"), unless otherwise terminated as set forth herein. This Agreement terminates,,
supersedes, and replaces any prior agreement in effect between Commerce and the Subrecipient
regarding the subject matter set forth herein as of the Effective Date.The period between the Effective
Date and the Expiration Date or the termination,date is the"Agreement Period."
3. Section 5. A., FU,NDI,NG/CONSIDERAT'ION,of this Agreement is hereby deleted in its entirety and replaced
with:the following:
A. This Agreement is a, Cost Reimbursement Agreement. Commerce's obligations under this Agreement
are contingent upon the continued availability to Commerce of legislatively appropriated funds that may
be used and are sufficient to support funding aiward/release, and upon Subreciplent's satisfactory
performance of its obligations set forth in this Agreement,ais determined by Commerce. Commerce will
provide funds to the Subrecipient by issuing one or more Notice of Fund Availability ("NFA") through
Commerce's financial management information system. Each NFA may inicluide attachments that
incorporate specific terms, conditions, assurances, restrictions, or other instructions applicable to the
funds provided by the NFA,
The Subirecipilent shall comply with all requirements contained within each NFA as a condition precedent
to the receipt of funds and as an ongoing condition to the use and expenditure of the funds. Subrecipient
may incur costs and,submit for reimbursement only up to the Total Funds Released dollar amount listed
in the NFA most recently issued by Commerce to the Subrecipient. Subrecipient may not be reimbursed
any amount that exceeds the lesser of the state authorized budget authority or the
"Funds/Available/Release" listed in the NFA most recently, issued by Commerce to the Subrecipient.
Each NFA and any attachments thereto, including, but not limited to its special terms, conditions, and
instructions, is incorporated and adopted into the Agreement by reference.
4. Section S.F., FUNIDING/CONSIDERATION, of this Agreement is hereby deleted in its entirety and replaced
with the following:
F. Commerce will provide funds in consideration for the Subreciipient's successful performance under this
Agreement, The State of Florida's and Commerce's performance aind obligation to pay under this
Agreement is contingent upon an ainnual appropriation by the Legislature of the State of Florida.
Commerce shall hiave final authority as to both the availability of funidis and what constitutes an "annual
appropriation" of funds. The maximum cash, available for draw is limited to the amount listed in the
"Funds/Available/Release"" in the NFA most recently issued by Commerce to the Subrecipient.
Additional funding is contingent upon (1) availability of funds appropriated by the Legis,laiture of the
State of Florida for the purpose of this program,; (2)the availability of future-year budget authority; and
(3) substantial progress towairds meeting the objectives of the award. The lack of appropriation or
availability of funds shall not constitute a default on Commerce or the State. If there is a state or federal
funding shortfall,then Subrecipient agrees that Commerce,in its sole discrefion,may reduce the amount
Revised 6,16,23
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of funding that would otherwise be made available under this Agreement. If applicable, reduction in
fuinding will be done by NFA.
5. Section 6.A., FISCAL AND ADMINISTRATIVE CONTROLS, of this Agreement is hereby deleted in its entirety
and replaced with the following:
A. Commerce will provide funds to the Subrecipient by issuing NFAs through Commerce's financial
management information system, Each NFA may include NIFA Attachments that incorporate specific
terms,conditions, assurances, restrictions,or other instructions applicable to the funds provided by the
NFA. If at any time during the award a budget period is funded on an incremental basis,the maximum
obligation of the program funding is, limited to the amount shown on the "Funds/Available/Release" in
the NFA most recently issued by Commerce to the Subrecipient. In addition to execution, of this
Agreement, Subrecipient further agrees that by accepting funds made available through an NFA, the
Subrecipient must comply with, all terms, conditions, assurances, restrictions, or other instructions
incorporated or listed in the NFA.
6. Section 7.,EMPLOYMENT ELIGIBILITY VERIFICATION,of this Agreement is hereby deleted in its,entirety and
replaced with the following:
A. E-Verify is an linternet-based system that allows an employer, using information reported on an
emiployee's Form 1-9, Employment Eligibility Verification, to determine the eligibility of all new
employees hired to work in the United States. There is no charge to employers to use E-Verify.The
Department of Homeland Security's E-Verify system can, be found at: htt qj \Mw.e-vedf , oy .
B. In accordance with section 448.095, F.S.,the State of Florida expressly requires the following:
(1) Every public agency and its contractors and subcontractors shall register with, and use the E-
Verify system to verify the work authorization, status of all newly hired employees. A public
agency or a contractor or subcontractor thereof may not enter into a contract unless each party
to the contract registers with and uses the E-Verify system.
(2) An employer shall verify each new employee's employment eligibility within three (3) business
days after the first day that the new employee begins working for pay as required under 8,C.F.R.
274a, Beginning July 1, 2023, a private employer with 25 or more employees shall use the E-
Verify system to verify a new employee's employment eligibility.
C. If an entity does not use E-Verify,the entity shall enroll in the E-Verify system prior to hiring any new
employee or retaining any contract employee after the effective date of this Agreement.
7. All other terms and conditions of the,Agreement are hereby reinstated and remain in full force and effect.
[Rest of page left intentionally blank]
Revised 6.16.23
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Agreement#: E2012
STATE OF FLORIDA
DEPARTMENT OF COMMERCE
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
IN WITNESS THEREOF, by signature below, the Parties agree to abide by the terms, conditions, and provisions
of Agreement E2012,as amended. This Amendment is effective on July 1,2023.
SLIBRECIPIENT STATE OF FLORIDA
MONROE ®FLORIDA DEPARTMENT OF COMMERCE
LDocuSigned by D�u%gnad by
By: By:
E-E)�-
(Signature) (Signature)
Sheryl L. Graham
Sr. Director J.Alex Kelly,Secretary
(Print/Type Name and Title Here) Florida Department of Commerce
7/6/2023 7/25/2023
Date: Date:
59-6000749 Approved as to form and legal
Federal Identification Number sufficiency,subject only to full and
proper execution by the Parties.
X
UE1 Number Office of the General Counsel
Florida Department of Commerce M
E2012
Ag
y bVDao"cuSigLne d by'.reementNumber B :
4avt
=C
7/20/2023
Approved Date:
,(A
SIGNED BY:
NAME: H o Ify errlll asp l
Appro,ed&5 to form and Legal n6ciencv
Mmoe Coum,Attu, $Offi-e
Ma or Pro Tergs Chnsbw Con Asustmt CouwN Anofw%r
Date 7 25 23
July 19, 2023 (Item D26)
Page 4 of 4
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ATTACHMENT A-3
LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM
SCOPE OF WORK AND FUNDING SOURCES
1.SUBRECIPIENT RESPONSIBILITIES
Subrecipient shall comply with, and if applicable, shall ensure all subcontractors' compliance with, the following
requirements:
A. COMPLIANCE REQUIREMENTS
(1) Subreciplent shall use the Li funds to provide water assistance benefits to eligible households with low
income. These funds will be expended in accordance with applicable law and the terms of this Agreement,
including, but not limited to attachments, applicable federal cost principles and regulations, and the current
LIHWAP State Plan.
(2) Subrecipient shall comply with all applicable U.S. Department of Health and Human Services laws, including,
but not limited to,title 42 U.S.C. Chapter 106, and all applicable regulations as set forth in title 45 C.F.R. Part
75 and Part 96,as well as 2 C.F. § 175.15(b) as it relates to 22 U.S.C. 7104 Prevention of trafficking.
B. PAYMENT AND DELIVERABLES
Subrecipient shall be reimbursed monthly for expenditures reported on its Monthly Financial Activity,as described
in this Attachment for successful completion of the Deliverable, as solely determined by DEC.
Deliverable: Direct Client Services and Hours of Operation
(1) Subrecipient shall provide services to a minimum of one household per month and shall have its main
administrative office(s) open for business, with the entrance door open to the public, and at least one
employee on site Monday through Friday, during the hours of 8:00 am to 5:00 pm. This operating hour
requirement does not apply to Subrecipient's outreach locations(Minimum Level of Service).
(2) Subrecipient shall submit a revenue and expense statement supporting costs in sufficient detail to evidence
such costs were allowable,reasonable,allocable,and necessary to serve eligible clients.
(3) Subrecipient shall each month submit a Monthly Financial Activity as described in this Attachment.
C. FINANCIAL CONSEQUENCES
(1) Failure to successfully complete the Minimum Level of Service for the above Deliverable, as determined by
DEO in its sole discretion, will result in nonpayment. DEO shall not reimburse any expenditures associated
with the Deliverable not accepted by DEO as successfully completed; however, this does not preclude
Subrecipient from receiving payment for such expenditures upon successful completion of the Deliverable.
(2) The Financial Consequences identified in this Agreement do not preclude Subrecipient from being subject to
"Debarment and Suspension" as prescribed by DEO. When a Subrecipient fails to comply with the terms of
this Agreement, a temporary suspension of funding for enforcement purposes may be instituted.
D. DEFINITIONS
(1) "Administrative Expense"—Those costs for general administration and coordination of the program,including
direct and indirect costs. This includes the salaries, fringe, rent, utilities, travel, etc. associated with financial
and administrative management of the program.
(2) "Applicant"—A person or persons who has submitted or requested an application for services.
(3) "Application Date"—The date the application is completed(whether by self or with assistance),signed by the
Applicant,and verified by Subrecipient's staff. This date shall not be changed.
(4) "Application Receipt"—The date an Applicant first submits an application for assistance.
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(5) "Client"—An Applicant, household,or customer whose application for assistance has been approved.
(6) "Crisis Assistance" —Assistance provided to an Applicant with no access to, or in danger of losing access to,
needed home water and/or wastewater services. Subrecipient may provide up to two (2) Crisis Assistance
benefits per year.
(a) A maximum of one (1) Home Water Crisis Assistance benefit may be applied to a Client's account to
reconcile arrearages and restore water and/or wastewater services up to the maximum benefit amount
allowable according to those designated in the LIHWAP manual,within a twelve (12) month period.
(b) A maximum of one (1) Home Water Crisis Assistance benefit may be applied to a Client's account to
reconcile any fines or fees that would disrupt reconnection to water and/or wastewater services up to the
maximum benefit amount allowable according to those designated in the LIHWAP manual,within a twelve
(12) month period.
(7) "Eligible Actions"—An action which provides for an intervention to mediate a crisis situation.All applications
for Crisis Assistance must be acted upon by Subrecipient with an Eligible Action taken to mediate the crisis
within eighteen (18) hours of Application Receipt. Eligible Actions include:
(a) Approval of application;
(b) Denial of application pending further information;
(c) Denial of application because Applicant is deemed ineligible;
(d) Contact utility vendor to halt water and/or wastewater disconnection or interruption in services;or
(e) Written referral to, along with providing Applicant assistance in contacting, another agency if LIHWAP
funding is not available or the Applicant is ineligible.
(8) "Home Water Assistance"—Assistance provided to an Applicant to reduce the Applicant's overall home water
burden.Subrecipient must provide at least one(1) Home Water Assistance benefit per calendar year.
(a) A Client may not receive more than one (1) Home Water Assistance benefit per calendar year.
(b) The benefit is not contingent upon current or past due amounts and can be used as a direct credit to the
Client's account.
(c) May be used to pre-pay home water and/or wastewater services up to the amount the Client is eligible to
receive.
(d) Must follow the current benefit payment matrix provided by DEO.
(9) "Household Water Crisis"—shall be defined as having no access or being in immediate danger of losing access
to needed household water and/or wastewater services because of any of the following:
(a) The Applicant's household water source and or wastewater services have been cut off;
(b) The Applicant has been notified that the household water source and or wastewater services is going to
be cut off or disconnected;
(c) The Applicant has received a notice indicating their home water and/or wastewater utility is delinquent
or past due;
(d) The Applicant is unable to get delivery of water, does not have access to water, or is in danger of losing
access to water and/or wastewater services;
(e) The Applicant has a bill for which the due date has lapsed,or
The Applicant has other problems with access to clean drinking water and/or wastewater services to their
home, such as needing to pay a deposit or needing interim emergency measures to avoid further crisis.
(10)"Outreach Expenses" — costs incurred in delivering LIHWAP services that are not purely administrative in
nature.This may include staff expenses such as 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.
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(11)"Reasonable Promptness"—Means within fifteen (15)working days of Application Receipt.
E. PROGRAM TASKS&REQUIREMENTS
(1) Subrecipient will administer the LIHWAP Program in accordance with information and directives provided in
DEO-issued Information Memorandum notifications, DEO-issued policy directives (if any), applicable federal
law,and this Agreement.
(2) Subreciplent shall develop an outreach plan and conduct and document outreach activities designed to ensure
that eligible households,especially households with elderly or disabled individuals,young children,and those
with the highest home water burden are made aware of the assistance available under this Agreement. The
outreach plan must be submitted to DEO within sixty(60)days of funding award,
(3) Subrecipient shall assist each Applicant in securing help through other community resources when LIHWAP
funds are not available or are insufficient to meet the emergency home water and/or wastewater needs of an
Applicant.
(4) Subrecipient shall maintain the following written policies:
(a) A written policy that outlines its procedure and requirements for conducting home visits to home-bound
Applicants, especially the elderly or disabled, for completion of the program application or eligibility
determination when other assistance is not adequate.
(b) A written policy to secure Applicants' social security numbers in order to protect their identity. At a
minimum, this policy shall address the handling of both paper and electronic records and files.
Subreciplent shall, in collecting Applicants' social security numbers, use the Notice Regarding Collection
of Social Security Numbers.The Notice shall be signed by the Applicant and maintained in the Client file.
(c) A written policy to assure that all water and/or wastewater vendors to which water assistance payments
are made comply with the requirements of section H of this Attachment.
(d) A written policy on how to document and verify that an Applicant meets the definition of a Home Water
Crisis and is eligible for Crisis Assistance.
(e) A written policy to ensure that LIHWAP funds are appropriately budgeted and expended to sufficiently
allow for energy assistance benefits in both the heating and cooling seasons.
(f) A written policy for determining Applicant's eligibility for receiving benefits under the LIHWAP program.
(g) A written appeals and complaint policy that provides an opportunity for a fair administrative hearing to
Applicants or Clients whose applications for assistance are denied or whose applications are not acted
upon with Reasonable Promptness.Subrecipient shall post its appeal and complaint policy in a prominent
place within Subrecipient's office viewable by all Applicants and Clients.
(5) Subrecipient shall,within fifteen(15)working days of the Application Date,furnish a written Notice of Denial
and Appeals for each Applicant denied assistance. At a minimum, the written Notice of Denial and Appeals
shall contain:
(a) Name of Applicant;
(b) Date of Application;
(c) Type of benefits sought;
(d) Reason(s)for denial;
(e) Statement on Subreciplent's benefit limits, if applicable;
(f) Statement of appeals process;
(g) Explanation of the circumstances under which the Applicant may reapply;
(h) Explanation of the information or documentation needed for the Applicant to reapply;
(i) Name, phone number, and address applicable to the appeal process;and
6) Number of days the Applicant has to file the appeal.
(6) At a minimum, Subrecipient's appeals process must provide an opportunity for an Applicant or Client
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to file a written appeal or complaint with S reci ient's Program Supervisor within ten (10)working
days of receipt of the written Notice of Denial and Appeal:
(a) Upon receipt of a validly filed appeal or complaint, Subrecipient shall respond in writing within ten (10)
working days.
( ) The Applicant or Client may appeal Subreci ie `s first response by filing its objections tote response
with Subreci ient's Director, Executive Director,or Board Chair,as applicable, it in five(5)working days
of receipt oft e first response.
(c) Upon receipt of a validly filed objection o the first response, Sularecipient shall respond in writing within
to (10) working days, and the response most clearly state the final outcome of the appeal, that the
decision is final,and,if applicable,the circumstances under which the Applicant or Client may re-apply for
services®
(7) Subrecipient shall make payments to water and/or wastewater vendors on behalf of eligible Applicants with
e "highest home water needs and lowest household income," which will be determined taking into
account both the water burden and the unique situation of such Applicants that results from having members
of vulnerable o ulations, including very young children,the disabled,and frail older individuals,
(S) Subrecipient shall enter into a Memorandum of Understanding ( ) with all Community Service Bloc
Grants(CS ) in its service area,The MOU will detail cooperative efforts and shall describe the actions that
will be taken by both parties to assure coordination, partnership, and referrals.The Subrecipient shall review
and renew e MOU at least every five ( ) years, Subrecipient, in coordination with the local CSBG agency,
shall develop a system by which LIHWAP Clients who have received more than three ( ) LIHWAP benefits i
e last 18 monthsad who are homeowners,are referred tot e CSBG provider. Subreciplents all maintain
records sufficient to document referrals.
( ) Subrecipient shall enter into are MOU with service area providers for the Emergency Home Water Assistance
for the Elderly Program ( A ), The MOU will ensure coordination of services, avoid duplication o
assistance, and increase the quality of services provided to elderly participants.The Subrecipient shall review
and renew the MOU at least every two (2) years.The MOU will detail how LIHWAP and EHWAP records (for
households with elderly members) will be checked o avoid duplicate Crisis Assistance payments during the
same season®Subrecipient shall maintain records sufficient to document coordination.
(1 ) u recipients serving multi-county areas shall provide DEO with a description of how direct client assistance
funds will be allocated among the counties,The allocation methodology must be based at least in part on the
150% of poverty population within each of the counties served. This information must be reported in
Subrecipient'sMulti-County Fund Distribution Form.
(II)Subrecipient shall agree to treat owners and renters equitably under the Agreement.
( 2) ubreci lent shall not charge Applicants a fee or accept donations from an Applicant to provide UHWAP
benefits. Subrecipient shall post the following statements in a prominent place visible to all Applicants and
Clients: "No money, cash or checks, will be requested or accepted from. Applicants or Clients for L1li AP
services of any kind® if an employee asks for money,report this to the agency Executive Director or Department
Head,"
(13)Subrecipient shall have a physical location and operate during hours available to Applicants and in accordance
with the days and times as stated in section B. (1)oft is Attachment.
(14)Su reci ient shall refund to DEO, with non-federal funds, all funds incorrectly paid on behalf of Clients that
cannot be collected from the Client.
(15)Su reci lent shall have appropriate staff attend training sessions scheduled by DEO to cover LIHWAP policies
and procedures.
(1 )Sureciient shall furnish training for all staff members assigned responsibilities within the program.
(17)Subreciient shall be in a position to accept applications after execution of this Agreement and adequate
funding is provided. Subrecipient shall continue taking applications until this Agreement expires or funds are
exhausted, whichever comes first.
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(18)Subrecipient shall comply with the Federal Financial Accountability and Transparency Act (FFATA), This
includes maintaining an active and current profile in the System for Award Management (SAM)
(http:/Zwww.sam.gov SAM
(1 )Subrecipient shall publish and publicize its local outreach office telephone number, as well as the days and
times the outreach office is open. If applicable for the area served, Subrecipient shall have a toll-free
telephone number
F. CLIENT SERVICES AND BENEFITS
(1) Subrecipient shall provide LIHWAP Household Water Assistance benefits based on the state provided LIHWAP
Payment Matrix. The benefit amount is based on the household's income level as compared to the National
Poverty Guidelines and the State Median Income (SM I).
(2) The following maximum benefits will be available to eligible Applicants:
(a) One (1) Home Water Assistance Crisis Assistance benefit for the purpose of reconciling past due
arrears and restoring water and/or wastewater services pert elve (12)month period;
(b) One (1) Home Water Assistance Crisis Assistance benefit for the purpose of reconciling any fees or fines
that would disrupt reconnection to water and/or wastewater services pert elve(12) month period; and
(c) One (1) non-Crisis Home Water Assistance benefit may be used to pre-pay for home water and/or
wastewater service usage up to the maximum allowable benefit specified in the LIHWAP manual per
twelve (12) month period.
(3) Based on local need for LIHWAP services and other non-LIHWAP water assistance resources in its service area,
Subrecipient may limit Crisis Assistance benefits to less than those stated in section F.(2) of this Attachment,
but not less than one(1) Crisis Assistance benefit per year.
(4) Subrecipient shall determine the correct amount of each Crisis Assistance benefit based on the minimum
necessary to resolve the crisis, but not more than the maximum set by DEO. DEO will inform the Subrecipient
of the maximum crisis benefit prior to the beginning of each program year.
(5) When the Applicant is in a crisis situation the Subrecipient shall take one or more Eligible Actions that will
resolve the emergency, within eighteen (18) hours of Application Receipt for a life threatening situation or
forty-eight (48) hours of Application Receipt for a non-life threatening situation, using a Crisis Assistance
benefit and documenting the Client file with which Eligible Action was used.
(6) For all approved applications,Subrecipient shall make payments to vendors on behalf of approved Applicants
no more than forty-five (45)calendar days from the Application Date.
(7) Subrecipient shall,within fifteen(15)working days of the Application Date,furnish in writing to each approved
Applicant a Notice of Approval and Appeals which includes:
(a) Type and amount of assistance;
(b) Name of the water vendor to be paid on the Client's behalf;
(c) The next date when the Client will be eligible to apply for further assistance; and
(d) Subrecipient's Appeal policy,
(8) For Crisis Assistance Applicants, Subrecipient shall compare LIHWAP records and EHWAP records for
households with elderly members to avoid duplicate Crisis Assistance payments during the same eligibility
period and maintain documentation sufficient to ensure compliance with this requirement.
(9) Applicant eligibility shall be based on the following factors:
(a) Subrecipient may only assist Applicants who are, or were, residing in its LIHWAP service area at the time
the home water costs were incurred.
(b) The Applicant must complete an application and return all required information and verification to
Subrecipient or subcontractor
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(c) The Applicant must provide a utility bill verifying an obligation to pay home water and/or wastewater
costs.
(d) The Applicant must have a total gross household income of not more than 150% of the current OMB
federal poverty level for their household's size.
(e) To receive a Crisis Assistance benefit, the Applicant must meet the requirements of having a verifiable
Household Water Crisis as this term is defined in section D. (9)of this Attachment.
(f) If the Applicant lives in government subsidized housing, Subrecipient shall determine if all or part of
Applicant's utility costs are paid directly or indirectly by the government and then take the following
appropriate action:
(i) Subrecipient shall not provide assistance to an Applicant if Applicant's home water and/or wastewater
costs are totally included in Applicant's rent and Applicant has no obligation to pay any portion of the
costs.
(ii) For Crisis Assistance Only: If the Applicant receives a water and/or wastewater service subsidy through
Section 8 or a Public Housing Authority, then Subrecipient shall subtract the amount of the subsidy
available to the Applicant during the period covered bythe utility bill from the allowable LIHWAP crisis
benefit calculated for the household.
(iii) For Home Water Assistance Only: If utility costs are not paid directly or indirectly by a government
entity, the Applicant is eligible for a Home Water Assistance benefit with no deductions at the same
level as other Applicants.
(g) The Applicant must not reside in a group living facility or a home where the cost of residency is at least
partially paid through any foster care or residential program administered by the state.
(h) The Applicant must not be a student living in a dormitory.
(IO)Calculation of income eligibility:
(a) Use the past thirty (30) days earnings for all occupants of the household annualized, or the Applicant's
most current economic situation,whichever is lower.
(b) Reference the current year Sources of Allowable Income to determine what is and is not considered as
allowable income.
(c) Total household income cannot exceed the 150% poverty level as set forth in the Federal Poverty
Guidelines(FPG)or 60%of the State Median Income (SMI), whichever is higher.
(d) If an Applicant cannot document household income and does not receive food stamps, the Subrecipient
shall accept a signed self-declaration of income statement that adequately explains exceptional
circumstances and gives the amount of the Applicant's income.
(e) No household may be excluded solely on the basis of income if the household income is less than 110%
of the poverty level.
G. CLIENT RECORDS
Subrecipient shall maintain information in a file for each LIHWAP Client that includes at least the following
Information-
(1) Client's name, address, sex,and age, and customer name on utility account(if not the Client);
(2) Names, ages, and current identification documentation (no more than one year expired) of all household
members;
(3) Social Security Numbers and documentation of such numbers for all household members or the citation to
the applicable exemption;
(4) Signed Notice Regarding Collection of Social Security Numbers;
(5) income amount and method of verification for all household members;
(6) income documentation to support eligibility;
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(7) Signed statement of self-decla ration of income, if applicable;
(8) Signed statement of how basic living expenses,such as food,shelter,and transportation are being provided if
the total household income is less than 50% of the current Federal Poverty Guidelines and no one in the
household is receiving SNAP assistance;
(9) Copies of approval or denial letters, including appeal procedures, provided to the Client;
(10)Documentation of disability income or physician's statement if preference or additional benefit provided due
to a disability;
(11)Documentation of Client's obligation to pay the water bill for the residence in which Client resides;
(12)Signed Authorization for Release of General and/or Confidential Information for LIHWAP Data, or notation
that the Client did not sign the waiver;
(13)Utility Account Number;
(14)lf LIHWAP prevented disconnection or restored a water disruption and/or wastewater service;and
(15)A signed LIHWAP application with signatures of the Applicant,Subrecipient's representative,and supervisory
staff.
H. WATER and WASTEWATER VENDORS
(1) Unless special circumstances exist which permit Subrecipient to make a payment in the form of a two-party
check made payable to the Client and the water vendor, Subrecipient shall negotiate and maintain written
agreements(the"Vendor Agreement")with water vendors which must at a minimum include:
(a) The beginning and ending date of the Vendor Agreement.
(b) The name and/or title of key contact staff with both the Subrecipient and energy vendor who are
authorized to resolve a crisis situation and make a payment commitment on behalf of a Client.
(c) A description of how Subrecipient shall make water payments directly to the water vendor on behalf of
LIHWAP Clients.
(d) Assurances from the water vendor that no household receiving ILIHWAP assistance will be treated
adversely by the water vendor because of such assistance under applicable provisions of state law or
public regulatory requirements.
(e) Assurances from the water vendor that it will not discriminate,either in the cost of goods supplied or the
services provided,against the eligible household on whose behalf payments are made.
(f) A statement that only water related elements of a utility bill are to be paid. No electric charges may be
paid except if required by the water vendor to resolve the crisis and no other resources to pay that portion
of the bill can be secured by the Client or Subrecipient.
(g) A statement that Subrecipient may not pay for charges that result from illegal activities such as a bad
check or meter tampering. A statement that the water vendor is aware that those charges are the
responsibility of the Client.
(h) A statement that the water vendor is aware that when the benefit amount does not pay for the complete
charges owed by a Client,the Client is responsible for paying the remaining amount owed.
(i) Details on how the water vendor will assist Subrecipient in verifying the LIHWAP Client's account
information and, in the case of crisis assistance,make timely commitments to resolve the crisis.A process
should be in place to verify the current amount owed and the amount necessary to resolve the crisis
situation.
(j) Subrecipient's commitment to make payment to the water vendor no more than forty-five (45) calendar
days from the Application Date.
(k) A statement that the water vendor is aware that if LIHWAP payments made to the water vendor cannot
be applied to the Client's account, the funds will be returned to Subrecipient or, with Subrecipient's
approval,applied to another eligible Client's account.
(2) If the water vendor will participate in the Annual Performance Measure Data Collection, the Vendor
Agreement shall also contain:
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(a) An assurance that the Subrecipient shall collect signed Authorization for Release of General and/or
Confidential Information for LIHWAP Data from eligible Applicants who choose to allow their data to be
collected as part of the annual performance measures and ensure the signed releases are available for
inspection by the water vendor.
(b) An assurance that the water vendor is aware that as long as signed Authorizations for Release of General
and/or Confidential Information for LIHWAP Data are collected and available, the water vendor will
provide the requested customer data to DEO.
(3) The water vendor must be in "active" status with the State of Florida: hm sunbiz.or,,, /search.html and the
water vendor's name must be checked on SA MS at h,tt,�,s:,,,/wwllwl."sllallm.r,�lov. The name on the Vendor
Agreement must match the legal business name on the State of Florida website. Municipal providers are
excluded from this requirement.
(4) The Vendor Agreement must be reviewed by both parties at least every two(2)years.
(5) The Vendor Agreement must be signed by upper level management of both Subrecipient and the water
vendor authorized to enter into such commitments.
2. REPORTS
Subrecipient shall submit the following reports to DEO asspecified below.
A. ANNUAL REPORTS
(1) IRS Form 990:Subreciplents that are below the$750,000 threshold for all Federal awards in its fiscal year,are
non-profit entities, and exempt from the Federal Single Audit Act requirements, shall submit with its
Agreement proposal a copy of its most recent IRS Form 990.
(2) LIHWAP Annual Household Report; Subrecipient shall complete and submit the LIHWAP Annual Household
Report on an annual basis. Subrecipient shall be notified in writing of the due date and submission
requirements.
(3) LIHWAP Annual Performance Measures Report: Subrecipient shall complete and submit the LIHWAP Annual
Performance Measures Report on an annual basis. Subrecipient shall be notified in writing of the due date
and submission requirements.
B. MONTHLY REPORTS
(1) Subrecipient shall submit to DEO the LIHWAP Monthly Financial Activity no later than the 211 day of each
month following the end of the reporting month in which funds were expended.Subrecipient shall submit the
Financial Activity regardless of whether funds were expended. DEO will make its determination whether to
reimburse Subreciplent's costs based on Subrecipient's successful completion of deliverables, as evidenced
by information contained in and submitted with the Financial Activity. Only with prior approval by DEO will
more than one(1)reimbursement be processed for any calendar month.The Monthly Financial Activity must
be submitted in DEO's current electronic financial management system and a signed copy submitted via
facsimile or electronic mail by the due date. In the event the twenty-first day of the month falls on a weekend
day or holiday,the Monthly Financial Activity shall be due on the next business day.
(a) Each Monthly Financial Activity shall contain the following information, at a minimum:
(1) all expenditures that occurred during the reporting month,
(ii) the amount of reimbursement requested,and
(iii) the number of Clients served.
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(b) An authorized signatory shall sign, date, and attest to the veracity of each Monthly Financial Activity.
Subrecipient's submission of a signed and completed Monthly Financial Activity is Subrecipient's
acknowledgement and certification that all expenditures listed therein: are reasonable, necessary,
allowable, and allocable;were expended in accordance with the terms and conditions of this Agreement
as well as all applicable federal, state, and local laws, regulations and written guidance; and have been
reconciled with supporting documentation by Subrecipient, which is readily available to Recipient upon
request.
(c) DEO shall review each Monthly Financial Activity for compliance with the requirements as stated in this
Attachment of this Agreement.
(2) Subrecipient shall submit the Monthly Client Services Report via the current online client tracking and
reporting system to DEO no later than the 21"day of each month following the end of the reporting month
in which Clients were served.
(3) Subrecipient shall submit the Monthly Outreach Report to DEO no later than the 21" day of each month
following the end of the reporting month in which outreach was conducted.
C. MONITORING REPORT RESPONSES
Subrecipient shall provide a written response to DEO for all monitoring report findings or concerns no later than
thirty-five (35)calendar days from the date of the original monitoring report. DEO shall notifV Subrecipient of the
due date for any subsequent monitoring report responses as may be required. If the 35th day falls on a weekend
day or holiday,the response to the original report shall be due on the next business day.Subrecipient may request
an extension in writing for DEO's review and approval.
D. COST ALLOCATION PLAN
Per title 45 C.F.R. § 75,405, Subrecipient is required to have written financial management systems procedures
for determining the reasonableness,allocability,and allowability of costs in accordance with the provisions of the
cost principles and terms and conditions of the award.To document this,Subreciplent must submit a copy of its
written Cost Allocation Plan to DEO with this Agreement.
E. INDIRECT COST RATE PROPOSAL
Subrecipients of federal awards are required to have an approved, federally recognized indirect cost rate
negotiated between such subrecipients, and the Federal Government. If no such rate exists, then Subrecipient
shall have either a rate negotiated with DEO (in compliance with 45 C.F.R. Part 75),or a de minks indirect cost
rate as set forth in 45 C.F.R. §75.414(f). Subrecipient shall submit its current Indirect Cost Rate Proposal to DEO
with this Agreement. If Subrecipient chooses to use the de mini is rate,Subrecipient shall make sure it is legally
entitled to use that rate and include a statement to DEO to that effect with this executed Agreement,Subrecipient
is not obligated to establish an indirect cost rate if Subrecipient does not charge indirect costs.
F. OTHER REPORTS
Upon reasonable notice,Subrecipient shall provide such additional program updates,reports,and information as
may be required by DEO, including supporting or source documentation for any reports identified above in this
Attachment.
G. CLOSE-OUT REPORT
The LIHWAP Close-Out Report is due forty-five calendar days after termination of the Agreement or forty-five(45)
calendar days after completion of the activities contained in the Agreement, whichever occurs first. If the forty-
fifth calendar day falls on a weekend day or holiday,the Close-Out Report shall be due on the next business day.
Subrecipient shall submit original signed documents to DEO that include, at a minimum, the Close-Out Cover
Sheet,the LIHWAP Final Financial Status Report, property inventory and accrual report, report on interest bearing
accounts, a refund check for any unspent funds, if applicable, and a refund check for any interest earned on
advances, if applicable.
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H. SUBMISSION
Unless otherwise noted, reports shall be submitted to Subrecipient's designated Contract Manager as assigned by
DEO and delivered by standard mail or electronic mail using the contact information provided in Paragraph 15 of
this Agreement.
3. PROGRAM STATUTES AND REGULATIONS
A. INCORPORATION OF LAWS,RULES, REGULATIONS AND POLICIES
The applicable documents governing service provision regulations are in the Low-income Home Energy Assistance Act of
1981 (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35), as amended, and the "Uniform
Administrative Requirements, Cost Principles and Audit Requirements for HHS Awards 45 C.F.R., Part 75" (hereinafter
referred to as the "Uniform Guidance"). If this Agreement is made with a commercial(for-profit) organization on a cost-
reimbursement basis, Subrecipient shall be subject to Federal Acquisition Regulations 48 C.F.R. 31.2. Executive Order
12549, Debarment and Suspension from Eligibility for Financial Assistance (Non-procurement) and the following Federal
Department of Health and Human Services regulations codified in Title 45 of the Code of Federal Regulations are also
applicable under this Agreement:
(1) Part 16—Procedures of the Departmental Grant Appeals Board;
(2) Part 30—Claims Collection;
(3) Part 80—Nondiscrimination Under Programs Receiving Federal Assistance Through the Department of Health
and Human Services, Effectuation of Title VI of the Civil Rights Act of 1964;
(4) Part 81—Practice and Procedure for Hearings Under Part 80 of this Title;
(5) Part 84— Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial
Assistance;
(6) Part 86 — Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving Federal
Financial Assistance;
(7) Part 87—Equal Treatment for Faith Based Organizations;
(8) Part 91—Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance
from HHS;
(9) Part 93—New Restrictions on Lobbying;
(10)Part 96—Block Grants;and
(11)Part 100—Intergovernmental Review of Department of Health and Human Services Programs and activities.
B. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY
As required by Section 508 of Public Law 103-333,when issuing statements,press releases,requests for proposals,
bid solicitations and other documents describing projects or programs funded in whole or in part with Federal
money, all Subrecipients receiving Federal funds, including but not limited to State and local governments and
Subrecipients of Federal research grants,shall clearly state:
(1) the percentage of the total costs of the program or project which will be financed with Federal money,
(2) the dollar amount of Federal funds for the project or program, and
(3) the percentage and dollar amount of the total costs of the project or program that will be financed by
nongovernmental sources.
C. INTEREST FROM CASH ADVANCES
Subrecipients shall invest cash advances in compliance with 45 C.F.R.§75.305, Payment, paragraph (b)(8).
D. PROGRAM INCOME
Pursuant to 45 C.F.R. §75.307 Subrecipient may apply net program income,after costs incident to the generation
of gross program income are deducted, excluding interest income, to meet matching requirements, or may
reprogram it for eligible program activities.The amount of program income and its disposition must be reported
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to DEO at the time of submission of the final close-out report. Expenditure of program income balances at
Agreement end must be approved by DEO.
E. BONDING
(1) Non-Profit Organizations: Subrecipient shall purchase a blanket fidelity bond covering all officers, employees
and agents of Subrecipient holding a position of trust and authorized to handle funds received or disbursed
under this Agreement. Individual bonds apart from the blanket bond are not acceptable. The amount of the
bond must cover each officer, employee and agent up to an amount equal to at least one-half of the total
LIHWAP agreement amount,Subrecipient shall submit documentation prior to execution of this Agreement.
(2) Local Governments: Subrecipient shall purchase a fidelity bond in accordance with section 113.07, F.S. The
fidelity bond must cover all officers, employees and agents of Subrecipient holding a position of trust and
authorized to handle funds received or disbursed under this Agreement. Subrecipient shall submit
documentation prior to execution of this Agreement.
F. MONITORING
(1) DEO shall conduct a full onsite review of Subrecipient at least once during each three-year period.Subrecipient
shall allow DEO to carry out monitoring,evaluation and technical assistance,and shall ensure the cooperation
of its employees,and of any subcontractors with who Subrecipient contracts to carry out program activities.
(2) DEO shall provide training and technical assistance,within the limits of staff time and budget availability,upon
request by Subrecipient or determination by DEO of Subrecipient need.
(3) DEO shall conduct follow-up reviews including prompt return visits to Subrecipients that fail to meet the goals,
standards,and requirements established by the State and federal funding agency.
G. OTHER PROVISIONS
(1) Subrecipient shall budget a minimum oftwenty-five percent (25%) of the total Agreement funds for
Household Water Assistance.
(2) Subrecipient shall budget a minimum of two percent(2%)of the total NFA funds awarded for a program year
for Weather Related/Supply Shortage emergency assistance. These funds must be held in the Weather
Related/Supply Shortage budget line item category for each NFA until the end of the corresponding program
year, for use in response to a possible disaster. These funds will only be used during state or federal
emergencies declared officially by the President, the Governor, or the Secretary of DEO. In the event of an
emergency being officially declared, if Subrecipient or DEO finds that two percent (2%) of the Weather
Related/Supply Shortage emergency assistance budget is not sufficient to meet the emergency,Subrecipient
may draw from other budgeted line items,up to fifty percent(50%)of the total NFA budget, it additional
written authorization.When funds are distributed for a weather-related/supply shortage emergency,DEO will
provide binding directives as to the allowable expenditures of the funds.After the end of the program year,if
no emergency has been declared,DEO will release the corresponding NFA funds and Subrecipient will allocate
these funds to the crisis or home energy budget line item.Subrecipient shall comply with these directives or
agree that these funds will remain with DEO.
(3) In addition to the record keeping, public records, and audit requirements contained in sections 9 and 19 of
this Agreement,the books, records,and documents required under this Agreement must also be available for
copying and mechanical reproduction on or off the premises of Subrecipient.
(4) If the U.S. Department of Health and Human Services initiates a hearing regarding the expenditure of funds
provided under this Agreement, Subrecipient shall cooperate with, and upon DEO's written request,
participate with DEO in the hearing.
(5) Subrecipient shall maintain records sufficient to allow DEO to determine compliance with the requirements
and objectives of Attachment A and all other applicable laws and regulations.
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4. LIHWAP ASSURANCES
Subrecipient hereby assures and certifies as a condition of receipt of LIHWAP funds, that it, and its subcontractors,
shall comply with the applicable requirements of Federal and State laws,rules, regulations,and guidelines.As part of
its acceptance and use of LIHWAP funds,Subrecipient assures and certifies that:
A. Subrecipient possesses the legal authority to administer the program as approved by Subrecipient's governing
body, including all assurances contained herein.
B. Subrecipient possesses the sound controls and fund accounting procedures necessary to adequately safeguard
the assets of DEO, check the accuracy and reliability of accounting data, promote operating efficiency and
maintain compliance with prescribed management policies of DEO.
C. Subrecipient will permit and cooperate with Federal and State investigations designed to evaluate compliance
with the law.
D. Subrecipient will give DEO, the Auditor General, or any authorized representatives, complete access to examine
all records,books, papers or documents related to all program operations of the grant,including those of any sub-
contractor.
E. Subrecipient will comply with all of the provisions and practices outlined in DEO's most current LIHWAP Program
Monitoring Field Manual.
F. Subrecipient will comply with non-discrimination provisions, in accordance with Florida Statutes; Section 677 of
P.L.97-35;Titles VI and Vil of the Civil Rights Act of 1964; and 45 C.F.R. Parts 84, 86,and 90.
G. Subrecipient will comply with section 2609 of Public Law 97-35,as amended,which prohibits use of LIHWAP funds
for purchase or improvement of land,or the purchase, construction,or permanent improvement of any building
or other facility.
H. This Agreement and all its attachments are true and correct.
I. Subrecipient will prohibit any political activities in accordance with Section 678F(b) of 42 USC 9918, as amended.
J. Administration of this program has been approved by Subrecipient's governing body by official action, and the
officer who signs it is duly authorized to sign this Agreement.
K. Subrecipient shall comply with Title X, Part C of Public Law 103-227, Environmental Tobacco Smoke, also known
as the Pro-Children Act of 1994(Act).This Act requires that smoking not be permitted in any portion of any indoor
facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health,
day care, education, or library services to children under the age of 18, if the services are funded by Federal
programs either directly or through States or local governments. Federal programs include grants, cooperative
agreements, loans or loan guarantees, and contracts. The law does not apply to children's services provided in
private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for
inpatient drug and alcohol treatment. Subrecipient shall include the above language in any subawards which
contain provisions for children's services and that all subcontractors shall certify compliance accordingly. Failure
to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to$1,000
per day. Subrecipient certifies that it will or will continue to provide a drug-free workplace as set forth by the
regulations implementing the Drug-Free Workplace Act of 1988: 45 C.F.R. part 76, subpart F, Sections 76.630(c)
and (d)(2).
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EXHIBIT 1-A
FUNDING SOURCES
FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Federal Awarding Agency: U.S. Department of Health and Human Services
Catalog of Federal Domestic Assistance Title- Low-income Home Energy Assistance Program (formula
grant)
Catalog of Federal Domestic Assistance Number: 93.568
Federal Awarding Agency: U.S. Department of Health and Human Services
l ral i ssistanc it
Low-income Household Water Assistance Program
Cataog of Fede Domestc Ae Te:
(formula grant)
Catalog of Federal Domestic Assistance Number: 93.499
Federal Awarding Agency: U.S. Department of Energy
Catalog of Federal Domestic Assistance Title: Weatherization Assistance Program
Catalog of Federal Domestic Assistance Number: 81.042
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Federal Program:
1. Subrecipient shall use the LIHEAP funds to provide energy assistance benefits to eligible
households with to income.These funds will be expended in accordance with applicable law and
the terms of this Agreement, including, but not limited to attachments, applicable federal cost
principles and regulations, and the most recently approved LIHEAP State Plan.
2. Subreciplent shall use the LIHWAP funds to provide water assistance benefits to eligible
households with to income.These funds will be expended in accordance with applicable law and
the terms of this Agreement, including, but not limited to attachments, applicable federal cost
principles and regulations,and the most recently approved LIHWAP State Plan.
3. recipient shall comply with all applicable U.S. Department of Health and Human Services laws,
including, but not limited to,title 42 U.S.C.Chapter 106,and all applicable regulations as set forth
intitle 45 C.F.R. Part 75 and Part96.
4. recipient shall use the WAP funds to perform energy saving repairs and installation of energy
saving measures on qualified single-family dwellings in accordance with all attachments to this
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Agreement, applicable Uniform Guidance, WAP Procedures Manual, Field Guides, and the most
recently approved WAP State Plan,
5. Subrecipient shall comply with applicable Uniform Guidance, DEO's WAP requirements, and
eligibility requirements as set forth in the U.S. Department of Energy regulations codified in Title
10 of the Code of Federal Regulations, Part 440 —Weatherization Assistance Program for Low-
Income Persons,
STATE RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
.............. ..........
N/A
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program: N/A
SUBJECT TO SECTION 215.97 FLORIDA STATUTES:
..................... .......................-
State Project:N/A
COMPLIANCER UIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT AREAS
.............. ....... ..............-.................................... ............................................
FOLLOWS:
N/A
NOTE,Title 45 C.F.R.75.352 and section 215.97(5), Florida Statutes,require that the information about Federal
Programs and State Projects included in Exhibit I be provided to the Subreciplent.
The remainder of this page is intentionally left blank.
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ATTACHMENT F
TRANSPARENCY REQUIREMENTS
1. The Subrecipient shall ensure that they comply with all the requirements outlined in federal law and applicable state
policy.
2. The Subrecipient shall comply with the requirements of 2 CFR 25 Universal Identifier and System for Award
Management (SAM). The Subrecipient must have an active registration in SAM in accordance with 2 CPR Part 25,
appendix A. The Subrecipient must also comply with provisions of the Federal Funding Accountability and
Transparency Act, which includes requirements on executive compensation and 2 CFR 170 Reporting Subaward and
Executive Compensation Information.
3. in compliance with sections 39.201 and 415.1034, Florida Statutes, if the Subrecipient, its agents, employees,
contractors, subcontractors or any other entity performing the services on behalf of the Subrecipient, knows or has
reasonable cause to suspect that a child,aged person,or disabled adult is or has been abused,neglected,or exploited,
the Subreciplent agrees to immediately report such knowledge or suspicion to the Florida Abuse Hotline by calling I-
800- 96ABUSE, or via the web reporting option httPS:Hmyfifamilies.com/service-programs/abuse-hotline/report-
online.shtmi or via fax at 1-800-914-0004.
4. Consistent with 2 CFR 200.113 and 45 CFR 75.113' the Subrecipient must, within one business day of discovery,
disclose any violation of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the
federal award.Additionally,the Subrecipient shall disclose any other on-going civil or criminal litigation,investigation,
arbitration, or administrative proceeding relating to any programs or projects for which Subrecipient receives funds
authorized by this agreement upon execution of this Agreement.
5. For all funds provided by DEO, when issuing statements, press releases, requests for proposals, bid solicitations and
other documents describing projects or programs funded in whole or in part with federal money, the Subrecipient
shall clearly state (i)the percentage of the total costs of the program or project which will be financed with federal
money; (I!)the dollar amount of federal funds for the project or program;and (iii)the percentage and dollar amount
of the total costs of the project or program that will be financed by non-governmental sources. Consolidated
Appropriations Act of 2018, Pub. L. No. 115-141,132 Stat 348,div. H,Title V,Sec. 505 (Mar.23, 2018).
6. In compliance with section 286.25, Florida Statutes, the Subrecipient will ensure any nongovernmental organization
which sponsors a program financed, in whole or in part,with funds provided under this Agreement will, in publicizing,
advertising, or describing the sponsorship of the program, state: "Sponsored by (entities name) and the State of
Florida, Department of Economic Opportunity." If the sponsorship reference is in written form, the words "State of
Florida, Department of Economic Opportunity"will appear in the same size letters or type as the name of the entity.
7. The Subrecipient shall maintain a purchasing procedure. The Subrecipient's purchasing procedure must,at minimum:
A. Ensure that all purchasing decisions are conducted in a transparent manner;
B. Foster competition to ensure that the Subrecipient receives the best value possible;
C. Require approvals in accordance with the Subrecipient's guidelines,prior to entering into a contractthat is exempt
from a competitive process because the services or commodities are available only from a single source; and
D. Require that the Subrecipient take advantage of state term contracts negotiated by the Florida Department of
Management Services to the greatest extent possible.
8. The Subrecipient shall maintain an employee ethics code modeled after the provisions of Chapter 112, Florida
Statutes, which addresses prohibitions on: the acceptance of gifts, self-dealing, unauthorized compensation,
conflicting employment or contractual relationships, inappropriate disclosure and use of information,and nepotism.
9. All Subrecipient travel expenses for this Agreement must be in accordance with section 112.061, Florida Statutes.
-End of Attachment F-
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N
FIRST AMENDED AND RESTATED
FEDERALLY FUNDED
SU'BGRAN!T UMBRELLA AGREEMENT
BETWEEN
THE FLORIDA DEPARTMENT OF COMMERCE
AND
MONROE COUNTY
CFDA Number(s): 81.042, 93.568 Agreement Number: E2012
On March 16, 2021, the State of Florida, Department of Commerce ("Commerce"), and Monroe County
("Subrecipient") entered into Subgrant Agreement Number E2012 (the "Umbrella Agreement"). The Umbrella
Agreement was subsequently amended on June 07, 2022. and July 1, 2023. Commerce and Subrecipient now
mutually seek to amend and reinstate the Umbrella Agreement through this Amended and Restated Agreement
("Agreement").Commerce and Subrecipient may be referred to herein individually as a"Party"or collectively as
the "Parties."
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. This Agreement amends and restates the Umbrella Agreement entered into on or about March 16,2021.
between Commerce and Subrecipient.
B. The U.S. Department of Health and Human Services ("HHS") admiinisters the Community Services Block
Grant ("CSBG") and the Low-Income Home Energy Assistance Program, ("LIHEAP") at the federal level
and distributes block grant funds to the States; and
C. Commerce is the CSBG and LIHEAP recipient grantee, and pass-through entity for the State of Florida,
designated by HHS to receive funds annually for program purposes and is authorized to distribute block
grant funds to subrecipients so that subrecipients may provide self-sufficiency and home energy
assistance benefits to eligible households; and
D. The U.S. Department of Energy("DOE")administers the Weatherization Assistance Program ("WAP"')at
the federal level and distributes grant funds to states; and
E. Commerce is the WAP recipient,grantee,and pass-through entity for the State of Florida„designated by
DOE to receive funds annually for program purposes and is authorized to distribute WAP funds from
DOE, along with LIHEAP funds from HHS to subrecipients to provide energy efficiency improvements to
eligiblle households.
F. Subrecipient is eligible to receive LIHEAP'and WAP grant funds in order to provide the services identified
herein,.
G. The Parties have engaged in a joint effort to align Subrecipient spending with legislatively appropriated
state budget authority. State budget authority is determined on an annual baisis through the agency's
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Legislative Budget Request process, The Legislature reviews the Legislative Budget Request and
determines the amount of state budget authority,which is then codified in the General Appropriations
Act. This is a process required annually by state law; state budget authority is not determined by the
total federal award received by the state; and
H. This Agreement memorializes the alignment of Subrecipient spending with legislatively appropriated
state budget authority and aligns the Agreement Period with the state fiscal year. Doing so is of mutual
benefit to Subrecipient aind Commerce and ensures enhanced transparency aind collaboration to the
Parties continued work to provide meaningful services to Floridians;and
I. Commerce's obligations under thiis Agreement are contingent upon the continued availability to
Commerce of legislatively appropriated funds that may be used and are sufficient to support funding
award/release, and uipon Subrecipient's satisfactory performance of its obligations set forth in this
Agreement, as determined by Commerce,
THEREFORE, Commerce and Subrecipient agree to the following:
1. PERIOD OF AGREEMENT
The Effective Date of this Agreement is July 1, 2024.This Agreement ends on June 301, 2025 (the"Expiration
Date"), unless otherwise terminated as set forth herein, This Agreement terminates, supersedes, and
replaces any prior agreement in effect between Commerce and the Subrecipient regarding the subjiect
matter set forth herein as of the Effective Date. The period between the Effective Date and the Expiration
Date or the termination date is the "Agreement Period"', This Agreement may be renewed annually for up
to three years.The option to renew is in Commerce's sole discretion,
2. SCOPE OF WORK
The Subrecipient shall provide services in support of the UHEAP and WAP Programs in accordance with the
applicable Attachments) included with this Agreement. For each Program award, a Notice, of Funding
Availability("NFA")shall be issued which details the direct client services and other activities to be provided.
The NFA may also include the following Attachments("NFA Attachments"):
A. Budget Directions and Summary with County Allocations
B. Program Statues and Regulations
C. Additional Reporting Requirements
3,. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Subrecipient and Commerce shall be governed by all applicable State and Federal laws, rules and
regulations including, but not limited to those identified in this Agreement and NFA.
4. MODIFICATION OF AGREEMENT
Either Party may request modification of the provisions of this Agreement. Modifications to this Agreement
must be in writing, on Commerce-approved forms, as applicable, and duly signed by the Parties.
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5. FUN DINIG/CONSIDERATIONI
A. This Agreement is a Cost Reimbursement Agreement. Commerce's obligations under this Agreement
are contingent upon the continued availability to Commerce of legislatively appropriated funds that may
be used and are sufficient to support funding award/release, and upon Subrecipient's satisfactory
performance of its obligations set forth in this Agreement,as determined by Commerce. Commerce will
provide funds to the Subrecipient by issuing one or more Notice of Fund Availability ("NFA"), through
Commerce's financial management information system. Each NIFA may include attachments that
incorporate specific terms, conditions, assurainces, restrictions, or other instructions applicable to the
funds provided by the NFA.
The Subrecipient shall comply with all requirements contained within each NFA as a condition precedent
to the receipt of funds and as an ongoing condition to the use and expenditure of the funds. Subrecipient
may incur costs and submit for reimbursement only up to the Total Funds Released dollar amount listed
in the NFA most recently issued by Commerce to the Subrecipient.Subrecipient may not be reimbursed
any amount that exceeds the lesser of the state authorized budget authority or the
"Funds/Available/Release" listed in the NFA most recently issued by Commerce to the Subrecipient.
Each NFA and any attachments thereto, including, but not limited to its speciail terms, conditions, and
instructions, is incorporated and adopted into the Agreement by reference,
B. By signing below the Subrecipient certifies that it is qualified and eligible to receive these grant funds in
order to provide the services of the LIHEAP and WAP program for which the Subrecipient receives funds
from Commerce.
C. Any advance payment under this Agreement is subject to section 216.181(16), F.S. The amount which
may be advanced must be expended within the first three (3) months of the term of this Agreement.
Any advance payment is also subject to the Uniform Guidance and the Cash Management Improvement
Act of 1990. If an advance payment is requested,the budget data on which the request is based, and a
justification statement shall Ibe forwarded to Commerce using Attachment A, which will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed use
of these funds.
D. Subrecipient shall expend an amount equal to or greater than the amount of the initial advance within
the first three months of the term of this Agreement. If Subrecipient has not expended an amount at
least equal to the initial advance by the end of the first three months of the term of this Agreement,
Subrecipient shall submit a written explanation to Commerce.
E. After any initial advance, payments will be made on a cost-reimbursement basis.
F. Commerce will provide funds iin con,sidleration for the Subrecipient's,successful performance under this
Agreement. The State of Florida's and Commerce's performance and oblligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida.
Commerce shall have final authority as to both the availability of funds and what constitutes an"ainnu:ail
appropriation" of funds. The maximum cash available for draw is limited to the amount listed in the
"Funds/Available/Release" in the NFA most recently issued, by Commerce to the, Subrecipient..
Additional funding is contingent upon (1) availability of funds appropriated by the Legislature of the
State of Florida for the purpose of this program; (2) the availability of future-year budget authority; and
(3) substantial progress towards meeting the objectives of the award. The lack of appropriation or
availability of funds shall not constitute a default on Commerce or the State. If there is a state or federal
funding shortfall,then Subrecipient agrees that Commerce,in its sole discretion,may reduce the amount
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of funding that would otherwise be made available under this Agreement. If applicable, /eductmm in
funding will be done byNFA.
G. Subnecip�ent and its contractors may only expend funding under this Agreement for allowable costs
resultingfrom obligations incurred cluringthe Agreement period.To be eligiible for reimbursement,costs
must bein compliance with the laws, rules, and regulations applicable to expenditures pf State funds
,
including, but not limited to, the Reference Guide for State Expenditures which can be found at:
https:/Ywvxvv.myf|oridacfo.cwm/Diviaiom/AA/Manua|s/docunmenty/ReferemceGu�deforStateExpemditure
s.pdY.
H. Subrecipient shall refund to Commerce any funds obligated to Smbrecipient' including, but not limited
to,any advance payments, and wh�ch remain umobNgatedby5ubrecipientat the end of this Agreement.
|. Subrecipient shall refund to Commerce aill funds paid in exces,s of the amount to which Subrecipient or
its contractors are entitled under the terms and conditions of this Agreement.
J. Subrecipient shall (1) maintain all funds provided under this Agreement in a separate bank account or
(2) SubnecKpient~s accounting system shall have sufficient internal controls to separately track the
expenditure of all funds from this Agreement. There shall beno commingling mf funds provided under
this Agreement, with any other funds, projects, or programs; "monmrm|ng)ing" of funds is distinguishable
from "b8endimg'' of funds specifically allowed bylaw.
K. If Suhrecipient commingles Agreement funds, Commerce may, in its sm|c discretion, terminate this
Agreement for cause and dernand an immediate refund, either in whole or in part, of all funds provided
to Subrecip�iemt under thinAgreement. Subrechpient, upon such written notification from Commerce
shall refund, and shall pay tn Commerce,the amount of money demanded by Commerce inaccordance
with section 2&, Repayments, mf this Agreement,
L. If Commerce, in its nw|e discretion, determines that 5ubrecipient has expended funds under this
Agreement not in nccmrdamcevwith applicable federal or state law, regulations, polices, or guidance,
including, but not limited to, disallowed costs, Subrec�pienit is liable for and will repay all suich funds to
Commerce. Such repayment shall be from funds other than those received under this Agreement or
other federal awards, subavxards, a|lctmnemts, mrfmnds (Le, non-federal funds) and in accordance with
section 2Q, Repayments, nf this Agreement.
6. FISCAL AND ADMINISTRATIVE CONTROLS
A. Commerce will provide funds to the Subrecipi�ent by issuing NFAs t�brmugb Conmmence's finaincia|
management information system. Each NFA may include NFA Attachments that incorporate specffic
terms, conditions, assurances, restrictions,or other instructions applicable to the funds provided by the
NFA. |fat any time during the award a budget period is funded mnan incremental bas�s,the maximum
obligation of the program funding is limited to the amount shmvvm on the "Funds/Available/Release" in
the NFA most recently issued by Commerce to the Smbrec]piemt. In addition to execution of this
Agreement, 5wbrecipiant further agrees that by accepting funds made available through an NFAv1he
Subrecipient must comply with all terms, conditions, assurances, restrictions, or other instructions
incorporated or listed in the NFA.
B^ The Subrecipienthemby certifies to Commerce that written admimistrat�ve procedures, processes, and
fiscal controls are in place for the operation of WAP, LIHEAP, CSBG or any other program or project for
which the Swbredpien1 receives funds from Commerce. The written administrative procedures,
processes, and fiscal controls described in this paragraph must, at minimum:, comply with applicable
state and federal law, rules, regulations, guidance, and the terms of this Agreement. Commerce may
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provide periodic guidance and technical assistance, to the Subredpientto ensure compliance with this
section.
C. Commerce will distribute fiscall and administrative guidance to the Subrecipient,which are incorporated
in this Agreement byreference, The Subrecpient will implement and comply with Commerce guidance.
The 6wbrecipiemt is responsible for understanding and implementing the guidance posted on
[ommerce'sxvebsite: .
D. The Subrecipiemt will comply with all pmHdms, guidance, plans, or other similar documents produced,
approved, or disseminated by Commerce, or any other entity whose funds are madeavai|abye to the
Subnedpiemt through Commerce. These documents will bo made available on, Comnmerce~swebsitemr
distributed 1m the Subredpiemt through other means.
7. EW1PL{]YPNEy0TELNG|8L|TVVER|F!CAT|ONi
A. E'Verify is an Internet-based system that allows an employer, using information reported on an
employee's Form 1'9' Employment Eligibility Verification, to determine the eligibility of ail] new
employees hired to work in the United States. There is no charge to employers to use £-Verify. The
Department ufHomeland Security's E-Verity system can be found at: .
B. In accorclance with section 448.095, F.S,, the State of Florida expressly requires the following:
(1) Every public agemcy and its contractors and subcontractors shall register with and use thie E-
Verify system to verify the wmrk authorization status of all newly hired employees, A public
agency or a contractor or subcontractor thereof may not enter into a contract unless each
party 1othe contract registers with and uses the E-Ve/ifysystem.
(2) Amemp|myerabaHverifyeachnewemnp|oyee'semn|oymnente0gibiWtyvvithimthmee (3) busimess
days after the first day that the new emiployee begins working for pay as required under 8
C.F.R. 274a, BmQinning1WV 1, 2023, a private employer with 25ormore employees shall use
the E4/erify system bo verify a new emnp|oyee's employment eligibility,
C. If an entity does not use E4/erifV, the entity shall enroll in the E-Verify system prior to hiring any new/
employee or retaining any contract employee after the effective date of this Agreement.
8. REPORTS
S�mbrecipiuntsha|| provide Commerce with all required repm/tsas set forth, in this Agreement and by all
accompanying Attachments to this A8reement�
A. If all required reports and copies are not sent tm Commerce, or not completed in a manner acceptable
to Commerce, Commerce may withhold further payments until such reports are completed or
Commerce may take other action, including, but not limited, to those described in Paragraph (13)'
Remedies, of this Agreement, "Acceptable to Gmmnmeroe," means that the reports were completed, in
Commerce'aso�|e determination, |n accordance with the Attachments of this Agreement.
B. 5ubrecipient shall provide additional program updates, reports, and information eo requested by
Commerce.
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9. AUDITS AND RECORDS
A. Subrecipient's performance under this Agreement is subject to the applicable requirements published
in the "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards, 2 Code of Federal Regulations (C.F.R.) Part 2010, hereinafter referred to as the "Uniform
Guidance" and to 45 CFR Part 75. If this Agreement is made with a commercial (for-profit) organization
on a cost-reimbursement basis, Subrecipient will be subject to the Federal Acquisition Regulations
System particularly 48 C.F.R. Subpart 31.2.
B. Subrecipient shall retain all records pertaining to this Agreement, regardless of the form, of the record
(e.g., paper, film, recording, electronic), including, but not limited to financial records, supporting
documents, statistical records, and any other documents (hereinafter referred to as "Records") for a
period of five(5)State fiscal years after all reporting requirements are satisfied and final payments have
been received,,Subrecipient shall cooperate with Commerce to facilitate the duplication and transfer of
such Records upon request of Commerce. The five-year period may also be extended for the following
reasons:
(1) If an audit has been initiated and audit findings have not been resolved at the end of this five-year
period, the Records must be retained until resolution of the audit findings through litigation or
otherwise.
(2) If any Mitigation or claim is started before the five-year period expires, and extends beyond the five-
year period, the Records must be retained until all litigation and claims involving the Records have
been resolved.
(3) Records for the disposition of non-expendable personal property valued at five thousand dollars and
zero cents,($5,,000.00)or more at the time it is acquired must be retained for five (5)years after final
disposition,
(4) Records relating to real property acquired must be retained for five (5)years after the closing on the
transfer of title.
(5) Any additional Federal requirements, particularly those identified in Attachment(s) A-1, A-2 or A-3
of this Agreement.
C. Subreciplient shall maintain all records for all subcontractors to be paid from funds provided under this
Agreement, including documentation of all program costs, in a form sufficient to determine compliance
with the requirements and objectives included in the NFA to this Agreement as well as all other
applicable laws and regulations.
D. Subrecipient shall give access to any of Subre,cipient's records to representatives of Commerce,the Chief
Financial Officer of the State of Florida,the Auditor General of the State of Florida, the Florida Office of
Program Policy Analysis and Government Accountability or representatives of the Federal government
and their duly authorized representatives for the purposes of conducting audits, examinations,
investigations, or making excerpts or transcriptions.
E. Subrecipient may, per Rule 1B-24.003(9)(a), Florida Administrative Code, allow its public records to be
stored through electronic recordkeeping systems as substitutes for the original or paper copy.
F. Subrecipient shall maintain books, records, and documents in accordance with generally accepted
accounting principles and practices which sufficiently and: properly reflect all expenditures, of funds
provided by Commerce under this Agreement.
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G. Records pertaining tothis Agreement must be avaii|ab|e at reasonable times for inspection, review, or
audit by State personnel and other persons authorized by Commerce. "Reasonable" means nornmai|
business hours of 8::00 a.m.to 5:00 p.m., local time, Monday through Friday.
H. If5ubrecKp)ent'aexpeoclitoresof State financial assistance and Federal awards during its applicable fiscal
year(s,) require iLtw conduct o single audit in accordance with section 215.97, F.S. erZ [FR2OO.501(b)
and the thresh6ld amount identified therein,such audit will comply with all applicable requirements of
Exhibit 1 to this Agreement, section 315.97, F.l, and the Uniform Guidance as applicable, and
Subrecipient shall ensure that all related party transactions are disclosed to the auditor.
L Subpocipient shall include the aforementioned audit and record-keeping requirements in all
subcontracts and assignments.
J. Subredpient shall have each required audit completed by an independent certified public accountant
(IPA), either a certified public accountant or a public accountant licensed under chapter 473, F.S., and
ensure that all related party transactions are disclosed to the auditor, Forthe IPA's audit to be sufficient,
it must state that the Smbredpientcomplied with the applicable provisions noted in Exhibit 1tm this
Agreement.
K. The repariimg packages for required audits must be timely submitted! in accordance with the
requirements of Exhibit-1, Audit Requirements, mf this Agreement and the applicable laws, rules and
regulations referenced therein, The requirements of 2 C.F.Q. § 200.522, Report Submission, are
applicable to audits of Federal awards conducted in accordance with Subparagraph (9)(H) above.
L. If an audit, monitoring visit, or other documentation or verifiable information shows that mN or any
portion of the funds disbursed were not spent in accordance with the conditions of this Agreement or
applicable regulations, 5mbreoiuient shall be held liable for reimbursement to Commerce. Such
reirmburserment shall be sent to Commerce, bySubrecipient within 30 ca|mmcler days after Commerce
has notified Subrecipientof such nmn-comp|iance.
M. Within 68 calendar days of the close of6ubrecipient's fiscal year, onan annual basis, SubrecipientshoU
oVectronicaUy submit a completed Audit Compliance Certification (a version of this certification is
attached hereto as Exhibit 2, Audit Compliance Certification, of this Agreement) to
. Subrec�iip�iemt's timely submittal of one completed Audit Compliance
Certification for each applicable fiscal' year will fulfill this requirement within all agreements (e.g,
contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive
award agreements, etc) between Commerce and Subrecipient.
N. 6mbredpientoha|U
(1) maintmima|| fumdsprovidedunderthisA8reenmentinaseperatebankaccmunt; m/
(2) 5ubremipiemt's accounting system shall have sufficient internal controls to separately track the
expenditure mfaiU funds from this Agreenment. There shall be no connnningGnQmffunds provided
under this Agreement, with any other funds, projects, or programs; "commingling" of funds is
distinguis,habUe from "&|emd|mg, of funds specifically allowed by law. Commerce may, in its sole
discretion, disallow costs made with, commingled funds and require reimbursement for such costs
as described herein above, in subparagraph (5)(]).
10. MONITORING
A. Subredpient is responsible for and shall monitor its performance under this Agreement. Subrecipient
shall monitor the performance of its contractors, consultants, agents, subcontractors and the like, who
are paid from funds provided under this Agreement or acting in furtherance mf this Agreement,
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B�. Commerce reserves the right to monitor the Subnedpientto ensure programmatic, legal, financial, and
contractual comp|[aince. Monitoring, as determined by Commerce, may include, but are not limited!to,
on'sitewisitsbyCmmnnercesta0yorComnmerce'sawthnrizednepmesemtadves, hmited scope audits, desk
reviews, and other procedures.
C. Subrec|p|emt and its contractors shall comply with the most recent program specific monitoring
protocols orfield manuals, which are incorporated herein by reference, provided to Subredpientamd
available upon request from Commerce, and cooperate with any monitoring procedures/processes
deemed appropriate by Commerce. In the eventthat Commerce determines that a monitoring or review
of Subrmcipient is appropriate, Subrecipimnt shall comply with all additional instructions provided by
Commerce regarding such monitor orreview.
D. Su6recipient shall comply and cooperate with any inspections, reviews, investigations, audits,
monitoring, or hearings deemed necessary by Commerce or its authorized representatives,the State of
Florida Chief Financial Officer,the Stateof Florida AuditorGeneral, in accordance with section 20.055(5),
F.5., any authorized representative of the awarding Federal agencies, the U.S. Department of Energy or
the U. S. Department of Health and Human Services, the U.S. Government Accountability Office,nrany
authorized representative of those Federal agencies'respective Federal Officesof the Inspector General.
E. 6ubrecipient shall cooperate with Commerce, or its authorized representatives, and the Federal
awarding agencies to assist facilitating any monitoring visits conducted by Commerce, mr its authorized
representatives, or the Federal awarding a8enciey. Commerce may conduct monitoring visits at its
determination and in its sole discretion mresrequired by the Federal Funding Agency.
11. INDEMNIFICATION; INDEPENDENT CONTRACTOR STATUS
A. Wm|mssS�mbrecip|ent is a state agency mrsubdivision, as defined im section 768.28(2), F.S., Subrecipient is
fully liable for the actions of its agents,employees, partners,or subcontractors and shall ful'ly indemnify,
defend, and Mn|d harmless the State and Commerce, and their officers, agents, and employees, from
suits, actions, damages, and costs of every name and description, including attorneys'fees, arising from
or relating to personal injury and damage to real or personail tangible property alleged to be caused in
whole orinpart by Subrecipient, its agents, employees, partners,or subcontractors, provided,however,
that 5mbrecipien1 has no affirmative duty to indemnify for that portion of any loss or damages
proximately caused by the negligent act or omission wf the State mrCommerce.
Any SmbreciPientwhich is State agency orsubdivision, as defined in section 768.28(2), F.5, shall be
fully responsible for its negligent or tmrtious acts or omissions which result in claims or suits against
Commerce,and shall be liable for any damages proximately caused by its acts or omissions to the extent
set forth in section 76,8.20' F.S. Nothing herein is intended to serve as a waiver of sovereign immunity
by any Subrecipient to which sovereign immunity applies, Nothing herein may be construed as consent
by a State agency or subdivision of the State of Florida to be sued by third parties in anymat1erarising
out of any contract,
B. For purposes of this Agreement, Subrecipiemtis an independent contractor and is not an employee or
agent of Commerce. Commerce shall neither have, nor exercise any control or direction over the
methods by which Subrecipient shall perform its work and fnnctioms other than as provided herein.
Nothing in this Agreement is intended to or may be deemed to constitute a partnership or joint venture
between the Parties.Subrecipient shall not represent to others that,as Subrecipient, it has the authority
to bind Commerce unless s�ecificailly authorized to do so. Subrecipient shall act as necessary to ensure
that each smbron1rac1mr hs deemed tm beain independent contractor and will not beconsidered or
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permitted to be an agent, servant, joint venturer, or partner of Commerce or the State of Florida.
Commerce shall not be responsible for withholding taxes with respect to Smbrecipient'scomnpensotk»n
hereunder. Subrecipiemtshall have no claim against Commerce for vacation pay, sick leave, retirement
benefits, social security,workers'compensation, health or disability benefits, reemp|m;meutassiatance
benefits,or employee benefits of any kind. 3ubredpient shall ensure that its employees,swbcomtractoirs,
and other agents receive benefits and necessary imsuramce (health, workers' compensation,
reemployment assistance benefits) from an employer other than the State of Florida, Smbrecipient at
all times during the Agreement, must comply with the reporting a,nd reemployment assistance
co�ntribut|on payment requirements of chapter 443, F.S.
12. DEFAULT
If any of the following events occur("'Events of Default"), Commerce shall have the right toterminate further
payment of funds under this Agreement, and Commerce may exercise any of its remedies set forth, in
Paragraph 13 mf this Agreement. However, Commerce may make payments mr partia,| payments after any
Events of Default without waiving the right to exercise such remedies and without becoming liable to, make
any further mayrment:
A. Af any warranty or representation made bySubrecipiemt in this Agreement, ur any previous agreement
with Commerce is, or becomes, false or misleading in any respect, or ifSubrecipient fails tp keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with
Commerce and has not cured them in timely fashion, or is unable or unwilling to meet its obligations
under this Agreement;
B. |f material adverse changes occur inthe financial comditionofSubnecipientnt any time during the term
nf this Agreement, and 5mbrecipiemt fails to cure this adverse change within 3O calendar days from the
date written notice is sent by Commerce;
C. If any reports required by this Agreement have not been submitted to Commerce or have been
submitted with incmr/ect, imcump|ete,or insufficient information; o�r
D. |fSubrecipient has failed to perform and complete in timely fashion anymf its obligations under this
Agreement.
13. REMEDIES
if an Event of Default occurs and Commerce provides written notice to 5ubrecipienk, Commerce may
exercise any one or more of the following remedies, either concurrently or consecutively:
A. Terminate this Agreement ifSubredpiemt has not cured the default within 30 calendar days of receipt
uf written notice afan Event ofDefault;
B. [S8G funding may be terminated in, accordance with 45 C.F.R. 96.92 and Office of the Administration
for[hi|6reno& FamiUes[S�BG Information Memorandum 116.
C. Begin an appropriate legal or equitable action to enforce performa:nce of this Agreement;
D. Withhold or suspend payment of all, or any part of, a request for payment;
E. Exercise any corrective or remedial actions,to include but not be limited to:
(2) Request additional information from Smlareclp|ont to determine the reasons for oirthe extent of non-
compliance or lack of performance,
(I) issue a written warning to advise that more serious measures may be taken if the situation: is not
corrected,
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(3) Advise Subrecipient to suspend, discontinue, or refrain from incurring costs for any activities in
question, or
(4) Require Subnedpiemt to reimburse Commerce for the amount of costs incurred for any items
determined tobeineligible; or
F. Exercise any other rights nr remedies which may be otherwise available under law.
Pursuing any of the above remedies will not limit any of Commnerce's other remed�ies, either in this
Agreement, or provided at law or in equity, If Commerce waives any right or remedy in this Agreement, or
fails to insist on strict performance by S,mbrecipiemt, it will not affect, extend', or waive any other right or
remedy of Commerce oir affect the later exercise of the same right or remedy by Commerce for any other
default bySubredpient.
14. TERK8|NAT|ON
A. Commerce may terminate this Agreement for cause with three (3) calendar days written notice. Cause
includes, but is not limited to: an Event of Default as set forth in Paragraph (12) of this Agreement,
misuse of funds,fraud, lack of compliance with applicable ruiles, laws and regulations,failure to perform
ina timely manner,failure to cure am Event of Default within 30 calendar days from receipt of the notice,
or refusal by Subrecipienttu permit public access to any document, paper, letter, or other material
subject to disclosure under chapter 119, F.S., as amended.The rights and remedies of Commerce in this
clause are in addiitinn to any other rights and remedies provided by law ur under this AQreement,
Subredpient shall not he entitled tm recover any cancellation charges.
B. Commerce may terminate this Agreement for convenience or when it determines, in its sole discretion,
that continuing this Agreement would not produce beneficial results in line with the further expenditure
of funds, by providing 5ubmcipicn$with 30 calendar days written notice. SubreciPient shall not furnish
any product after it receives the notice nf turmimadmn, except osneces,saryto complete the continued
portion of this Agreement, ifawthm6zed in writing. Suhredpient shall not be entitled to recover any
cancellation charges,
C. The Parties may terminate this Agreement for their mutual convenience through a written amendment.
The amendment shall state the effective date of the termination and the procedures for proper closeout
nf this Agreement.
D. If Commerce issues a notice of Event of Default, Subrecipient shall stop incurring new obligations upoin
receipt of the notice. If Commerce determines that Subrecipiemt hias cured the Event of Default within
the 30-day cure period, Commerce will provide notice to Subrecipient that it may resume incurring new
obligations. Costs incurred for new obligations after receipt of a notice of Event of Default and um1lU
receipt of notice that it may resume incurring new obligations vvi|U be disallowed. If this Agreement is
terminated by Commerce because of Subnaciiphent's breach, such tenmlmat|nn shall not relieve
Subrecipient of liability under this Agreement,Commerce may,to the extent authorized by law,w/ithhm|d
payments to Subrecipient,for the purpose of set-off until the exact amount of damages due Commerce
frmmSubrecipiemt is determined,
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15. NOTICE AND CONTACT
A. All notices provided by Subrecipient under or pursuant to this Agreement shall be in writing to
Commerce's Contract manager as designated by Commerce and delivered by standard mail or electronic
mail using the contact information provided below.
R. The name and address of Commerce's Contract Manager for this Agreement is:
Rufus Hammoins, Contract Manager
Florida Department of Commerce
Division of Community Development
Bureau of Economic Self Sufficiency
107 East Madison Street, MSC 4010
Tallahassee, Florida 32399-4120
Email: uihi jian—p uo� s(
Phone: (850)717-8469
C, The name and address of Subre,cipient's Representative responsible for the administration of this
Agreement is stated in Attachment E,Subrecipient Information, of this Agreement.
D. If a different representative or address is designated by either Party after execution of this Agreement,
notice of the name, title and address of the new representative will' be provided as stated in
Subparagraph (15)(A), above.
16—SUBCONTRACTS
A. Subrecipient shall not subcontract in furtherance of this Agreement prior to receiving Commerce's
written confirmation that the proposed contract includes the following requirements:
(1) Subcontractor is bound by the terms of this Agreement, and each contract and subcontract shall
specifically include the requirements set forth in Paragraph (9),Audits and Records, and Paragraph
(18), Information Release and'Public Records Requirements, of this Agreement;
(2) Subcontractor is bound by all applicable State and Federal laws and regulations;
(3) Subcontractor shall indemnify and hold Commerce and Subrecipient harmless against all claims of
whatever nature arising out of or related to the subcontractor's performance, of work under this
Agreement, to the extent allowed by law; and
(4) Subcontractor shall disclose to Subrecipient and Commerce if it is on the Convicted Vendor List
identified in section 287.133(2), F,S., or the Discriminatory Vendor List identified in section
287.13,4(2), F.S.
B. For each contract, Subrecipient shall provide a written statement to Commerce as to whether that
subcontractor is a certified minority business, as defined in section 287.0943, F.S.
C. Prior to entering into a contract with any subcontractor to be paid from funds from this Agreement,
Subrecipient shall submit to Commerce a completed Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion, Attachment B to this Agreement.
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17. BUSINESS WITH PUBLIC ENTITIES
Sulbrecipient is aware of and understands the provisions of section 287,133(2)(a), F,S., and section
287,134(2)(a), F.S. As required by s. 28,7.135(5), F.S., Subrecipient certifies the following:
(1) It is not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725,
F,S,-
(2) ft is not engaged in a boycott of Israel;
(3) It is not listed on the Scrutinized Companies with,Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215,.473, F.S.; and
(4) It is not engaged in business operations in Cuba air Syria.
Commerce may immediately terminate this Agreement if Subrecipient submits a false certification as to the
above,or if Subrecipient is placed on the Scrutinized Companies that Boycott Israel List,engages in a boycott
of Israel, is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or has engaged in business operations in Cuba or
Syria.
18. ENTIRETY AND INTEGRATION
This Agreement, the NFA(s), Commerce issued policies and guidance, and any Attachments or Exhibits
attached thereto constitute the complete and exclusive statement of conditions of the Agreement aind
supersedes and replaces all prior negotiations, understandings, and agreements, whether oral or written,
between the Parties with respect thereto. Except as expressly provided in thiis Agreement, no term,
condition, usage of trade, course of dealing or performance, understanding of agreement purporting to
modify, vary, explain or supplement the provisions of this Agreement shall be effective or binding upon the
Parties unless agreed to in writing.
19. INFORMATION RELEASE AND PUBLIC RECORDS REQUIREMENTS
A. Subrecipient shall notify Commerce of the receipt and content of a public records request by sending an
e-mail to (,:eJLJ ov within one(1) business day from receipt of such request.
B. Subrecipient shall keep and maintain public records required by Commerce to perform Subrecipieint's
responsibilities hereunder. Subrecipient shall, upon request from Commerce's custodian of public
records, provide Commerce with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided by chapter 1191, F.S.,
or as otherwise provided by law. Subrecipient shall allow public access to all documents, papers, letters,
or other materials made or received by Subrecipient in conjunction with this Agreement, unless the
records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1),
F,S. For records miade or received by Subrecipient in conjunction with this Agreement,Subrecipient shall
respond to requests to inspect or copy such records in accordance with chapter 119, F.S. For all such
requests for records that are public records, as public records are defined in section 119.011, F.S.,
Subrecipient shall be responsible for providing such public records per the cost structure provided in
chapter 119, F.S., and in accordance with all other requirements of chapter 119, F.S., or as otherwise
provided by law.,
C. This Agreement may be terminated by Commerce for refusal by Subrecipient to comply with Florida's
public records laws or to allow public access to any public record made or received by Subrecipient in
conjunction with this Agreement.
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D. If, for purposes of this Agreement, Subrecipient is a "'contractor`" as defined in section 119.0701(1)(a),
F.S. ("Subrecipient-contractor"), Subrecipient contractor shall transfer to Commerce, at no cost to
Commerce, all public records upon completion including termination, of this Agreement, or keep and
maintain public records required by Commerce to perform, the service. If Subrecipient-contractor
transfers all public records to the public agency upon completion of the Agreement, the Subrecipient-
contractor shall destroy any cluphcate public records that are exempt or confidential and exempt from
public records disclosure requirements. If Subrecipient-contractor keeps and maintains public records
upon completion of the Agreement,the Subrecipient-contractor shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to Commerce, upon
request from Commerce's custodian of public records, in a format that is compatible with the
information technology systems of Commerce,
E. If Commerce does not possess a record requested through a public records request, Commerce shall
notify Subrecipient of the request as soon as practicable, and Subrecipient must provide the records to
Com mierce or allow the records to Ibe inspected or copied within a reasonable time, if Subrecipient does
not comply with Commerce's request for records, Commerce shall enforce the provisions set forth in
this Agreement. A Subrecipient who fails to provide public records to Commerce within a reasonable
time may be subject to penalties under section 119.10, F.S,
F. Subrecipient shall notify Commerce verbally within 24 chronological hours and in writing within, 72
chronological hours if any data in Subrecipient's possession related to this Agreement is subpoenaed or
improperly used, copied, or removed (except in the ordinary course of business) by anyone except an
authorized representative of Commerce.Subrecipient shall cooperate with Commerce, in taking all steps
as Commerce deems advisable, to prevent m,isuise, regain possession, or otherwise protect the State's
rights and'the data subject's privacy.
G. Subrecipient acknowledges that Commerce is subject to the provisions of chapter 119, F.S., relating to
public records and that reports, invoJces, and other documents Subrecipient submits to Commerce
under this Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate
with Commerce regarding Commerce's efforts to comply with the requirements of chapter 119, F.S.
H. If Subrecipient submits records to Commerce that are confidential and exempt from public disclosure as
trade,secrets or proprietairy confidential business information, such records should be identified as such
by Subrecipient prior to submittal to Commerce. Failure to identify the legal basis for each exemption
from the requirements of chapter 119, F.S., prior to submittal of the record to Commerce serves as
Subrecipient's waiver of a claim of exemption,. Subrecipient shall 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 Agreement term and following completion of the Agreement
if Subrecipient does not transfer the records to Commerce upon completion, including termination, of
the Agreement.,
I. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE SUB,RECIPIENIT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC
RECORDS by telephone at 850-245-7140, via e-mail at
PRR �% es
U or by mail at Floricla Department of Commerce,
Public Records Coordinator, 107 East Madison Street, Caldwell Building,
Tallahassee, Florida, 3,23,99-4128.
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JI. To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents, employees,
partners, subrecipients, contractors, and subcontractors and shall fully indemnify, defend, and hold
harmless the State and Commerce, and their officers, agents, and employees, from suits, actions,
damages, and costs of every name and description, including attorneys'fees, arising from or relating to
public record requests or public record law violaition(s), alleged to be caused in whole or in part by
Subrecipient, its agents, employees, partners,, subrecipients, contractors, or subcontractors, provided,
however, that Subrecipient does not indemnify for that portion of any costs or damages proximately
caused by the negligent act or omission of the State or Commerce. Commerce, in its sole discretion, has
the right, but the not obligation,to enforce this indeminification provision.
K. Commerce does not endorse any Subrecipient, commodity, or service. No public disclosure or news
release pertaining to this Agreement shall be made without the prior written approval of Commerce.
Subrecipient is prohibited from using Agreement information, or Commerce customers in sales
brochures or other promotions, including press releases, unless prior written approval is obtained from
Commerce."
20. REPAYMENTS
A. All refunds or repayments to be made to, Commerce under this Agreement are to be made payable to
the order of "Florida Department of Commerce" and mailed directly to Commerce at the following
address:
Florida Department of Commerce
Division of Community Development
Bureau of Economic Self Sufficiency
107 East Madison Street, MSC 400
Tallahassee, Florida 32399-4120
In accordance with: section 215,34(2), F.S,,, if a check, or other draft, is returned to Commerce for
collection,Subrecipient shall pay to Commerce a service fee of fifteen dollars and zero cents ($15.010)or
five percent (5%)of the face amount of the returned check or draft, whichever is greater,
B. If Subrecipient's non-compliance with any provision of this Agreement results in additional cost or
monetary Moss to Commerce or the State of Florida,Commerce may recoup that cost or Ioss from monies
owed to Subrecipient under this Agreement or any other Agreement between Subrecipient and any
State entity. In the event that discovery of this cost or loss arises when no monies are available under
this Agreement or any other Agreement between Subrecipient and any State entity, Subrecipient will
repay such cost or loss in full to Commerce within 30 days of the date of notice of the amount owed,
unless Commerce agrees, in writing, to an alternative timeframie.
21. WARRANTIES AND REPRESENTATIONS
A. FINANCIAL MANAGEMENT
Subrecipient warrants that its financial management system shall provide the following:
(1) Accurate, current, and complete disclosure of the financial results of this project or program.
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(2) Records that identify the source and use uf funds for all activities. These recm�rds shall contain
information pertaining to grant awards, authorizations, obligations, un-obligated balances,
expenditures, assets, outlays, income, and interest.
(]) Effective control over and accountability for all funds, property, and other assets. SubredpientshaM
safeguard all assets and ensure that they are used'solely for authorized purposes.
(4) Cmrmparison of expenditures with budget amounts for each Request for Payment. Whenever
appropriate, financial information shall be related to perfornumnceand unit cost data.
(S) Written procedures for determining whether costs are allowed and reasonable under the provisions
of2[.F.R. part 20O, as adopted and amended by DOE at3C.F.R. part 91B' and 45CFR part 75.
(6) Cost accounting records that are supported by backup documentation.
B. COMPETITION
Subredpient warrants the foUovx|ng:
(1) AN procurement transactions shall be done in a manner to provide open and free competition.
Su6recipient must fn||ovv the procurement standards in2OC.F.K. §§ 2U@-31Q-2O@327.
(2) Subrecipient sha�U be alert to conflicts of interest as well as noncompetitive practices among
contractors that may restrict or eliminate competition orotherwise restrain trade,In order to ensure
excellent contractor performance, and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements, statements of work, invita1[ons for bids, and/or
requests for proposals shall be excluded from competing for such procurements.
(3) Awards shall be made to the b,idder, or offeror, whose bid, or offer, is responsive to the solicitation
and is most advantageous to Subrecipient,considering the price, quality, and other factors.
(4) Solicitations shall clearly sat forth all requirements that the bidder, or offeror must fulfill, in order
for the bid o/mffer,tobe evaluated bySwbredp|ent.Any and all bids mr offers,may be rejected when
it is in Subrecipient"s interest to do so.
C. CODES OF CONDUCT
6m6recipient warrants the following:
(1) Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administrationofcontracts.
(2) No employee, officer, or agent shall participate in the selection, award, or administration of
contract supported by pubUic grant funds if a reail or apparent cnnflict of interest would be involved.
Such a conflict would arise when the employee, officer, or agent, any member of his or her
immediate family, his or her partner,or an organization which employs or is about to employ any of
the parties indicated, has mfinanda| or other interest in the firm selected for an award,
(3) The officers,employees,and agents of Subrecipien,t shall neither solicit nor accept gratuities,favors,
mr anything of monetary value from contractors, or parties to contracts.
(4) The standards of conduct shall provide for disdpyimary actions to be applied for violations of the
standards by officers, employees,or agents ofSmbrucipient.
D. LICENSING ANDPERMUT|NG
Subrecipient warrants that all contractors or employees hired bySmbrecipiemtshall have all current
licenses and permits required for all the particular work for which they are hired by5ubnecipienL.
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E. FOREIGN COUNTRY OF CONCERN ATTESTATION
5ubracipimnt warrants that it is not owned by the government of a Foreign Country of Concern, is not
organized under the laws of nor has its Principal Place of Business in a Foreign: Country of Concern, and
the government of a Foreign Country of Concern does not have a Controlling Interest in the entity, By
signing this Agreement, SubrecUpiemt attests that the Foreign Country of Concern Attestation form
(Attachment H which is PUR 135S) has been completed and signed. Subredpient agrees to notify
Commerce if there is any change in the information attested to in this form during the term of this
Agreement.
22. MANDATED CONDITIONS AND OTHER LAWS
A. The validity of this Agreement is subject to the truth and accuracy of all the information,representations,
and materials submitted, or provided, by5ubradpient in this Agreement, in any |aterymbmissiun or
response to a Commerce request, or in any submission ar response to fulfill the requirements of this
Agreemment. All said information, representations, and materials are incorporated by referemce. The
inaccuracy of the submissionsor any material changes may, a�t the option of Commerce, and within 3O
calendar days written notice toSubredpien1, cause the termination of this Agreement and the release
mf Commerce from all its obligations under this Agreement.
B. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed,
and enforced in all respects in accordance with the laws, rules, a,nd regulations of the State of Florida,
Each Party shall perform its mbUgat�wns herein in accordance with the terms and conditions mfthis
Agreement, Without limiting the provisions of Paragraph (12), Default,the exclusive venue of any legal
or equitable action that arises out of or relates to this Agreement shall be the appropriate State court]m
Leon County, Florida; inany such action, the Parties waive any right to jury trial. The Parties waive any
right toattornev's fees nrcosts.
C. Any power of approval or disapproval granted to, Commerce under the terms ofthis Agreenmemt shall
survive the term o(this Agreement.
D. This Agreement may be executed in any number of counterparts each of which shall be an original and
all of which shall comstituto but one and the same instrument.
E. Sohrecipient shall comply with the Americains with Disabilities Act (Public Law 101-336, 42 U.S.C. §
12101, et seq.), and the Florida Civil Rights and Fair Housing Acts (sections 7GO.@l-75O37, F.S,j, which
prohibits discrimination by public and private entities mnthe basis mfrace, color, national origin, sex,
pregnancy, handicap,familial status,mrre|iQion|nemployment, public accommodations,transportation,
State and local government services, and telecommunications.
F. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature and is subject to any modification in accordance with chapter
J1G, F.S,or the Florida Constitution.
G. All bills for fees or other compensation for services ur expenses shall be submitted in detail sufficient for
a proper pre-audit and post-audit thereof.
H. Any bills for travel expenses shall be submitted in accordance with section 112.061, F'S.
U. If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement,any interest
income over$58O shall 6e returned to Commerce os required byZ[F.R. 2O0.3OS(b)(9).
J. Subivecipiemt is subject tm Florida's Government in the Sunshine Law(section 286.811, F.S.)owith respect
tm the meetings mfSobnedpient'sgoverning board 10 discuss, receive recommendations, or take action
required pursuant to this Agreement, or the meetings of any subcommittee making recommendations
tm the governing board regarding matters pursuant to this Agreement. All of these meetings shall be
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publicly noticed,open to the public,and the m,inutes of all the meetings shall be public records, available
to the public in accordance with chapter 119, F.S.
K. All wnmanufactuoed and manufactured articles, materia|s, and suppUiesvvhich are acquired for public
use under this Agreement must have been produced in the United States as required under 41 U.S.C. §
Q3Q2, unless itwouWnot beim the public interest ur unreasonable incost,
L. Commerce shall ensure compliance with section 11.0162, F.S., and section 216.347, F.S.The use of funds
under this Agreement for the purpose of lobbying the Florida Legislature, the judicial branch, or any
State agency is prohibited pursuant to section 316.347, F.S. SubredpientshaU not, in connection with
this ur any other agreement with the State, directly orindirectly:
(1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State
officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or
violation wfa known legal duty;o/
(2) offer, give, wr agree to give tu anyone any gratuity for the benefit of, or at the direction orrequest
of,any State officer or employee, For purposes of clause (2), "gratuity" means any payment of more
than nominal monetary value im the form,mf cash,travel, entertainment,gifts, meals, lodging, loans,
subscriptions, advances, deposits of money, services, employment, or contracts uf any kinds. Upon
request ofCpmmnerce's Inspector General, or other authorized State official, Subrecipient shall
provide any type of iniformation the Inspector General deems relevant to Sularecipient's integrity or
responsibility. Such information may include, but is not Uirmi&ed to, Subrecip}ent's business or
financial records, documents, or files of any type mr form that refer to or relate to this Agreement.
SubrecipicntshaH retain such records for the longer of:
(a) five (5)years after the expiration of this Agreement, or
(b) the period required by the General Records Schedules maintained by the Florida Department of
State available at: jo
M. Subrecip,ient shall reimburse the Statefor the reasonable costs of investigation incurred bythe Inspector
General or other authorized State officia I for investigations of Subrecipient's compliance with the terms
of this or any other agreement between Subrecipiert and the State which results in the suspension or
debarment of5u6recipiemt. Such costs shall include but shall not belimited to: salaries ofinvestigators,
including overtime;travel and lodging expenses; and expert witness and documentary fees,Subrecipimnt
shall not be responsible for any costs ofinvestigations that dm not result inSubweciplemt'a suspension,or
debarment.
W. Public Entity[rimne� Pursuant to section 287.233(2)(a), F.S, a person oraff iiUate who has been placed on
the Convicted Vendor List following a convictimn for a public entity crime may not submit a bid,proposal,
or reply on a contract to provide any goods mr services to a public entity; may not submit a bid, proposal,
or reply on a contract with a public entity for the construction or repair ofa public building or public
work; may not submit bids, proposals,or replies on leases of real property to a public entity; may not be
awarded mr perform work os m contractor, supplier, subcontractor or consultant under o contract with
any public entity and May not transact business with any public entity in excess of the threshold amount
provided in section 287.017, F.S. for Category Two for o period of36 months from the date of being
placed on the, convicted vendor Ust. Subrecipient affirms that it is aware of the provisions of section
287.1]3(2)(a), F.S, and that at no time as Subrecipient been convicted of a Public Entity Crime.
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Swbrecipient shall not violate such law and any conviction during the term cf this Agreement may result
in the termination of this Agreement in accordance with section 287.,133(4), F.S.
O. Advertising: Subject tmchapter 119, F.S, S�whrec[pien1shall not publicly disseminate any information
concerning this Agreement without prior written approval from Commerce, including,but not limited to
mentioning this Agreement in a press re|ease or other promotional material, identifying Commerce or
the State as a reference, or otherwise finking Smbredpiiemt's name and either a description of this
Agreement or the name of Commerce or the State in any material published,, either in print or
electronically, to any entity that is not a Party to this Agreement, except potential or actual authorized
distributors, dealers, reseHers,orservice representatives.
P. Sponsorship: As required by section 286.25, F'S, hfSubredpiemt is nongovernmental organization
which sponsors a program financed vvhmHyor in part by State funds' including any funds obtained
through this Agreement,it shall,in,pubficizing,advertising,or clescribingthe sponsorship of the program,
state: "Sponsored by [6ubreciipient's name] and the State of Florida, Department of[nmmnerce.° If the
sponsorship reference is in written material,, the words "State of Florida, Department of Commerce"
must appear in the same size letters or type as the name of the organization.
Cl. Mandatory Disclosure Requirements:!
(1) Conflict ofInterest: This Agreement is subject to chapter 112, F.6. SwbredpiemtohmU disclose the
name of any officer' director, employee, or other agent who is also an empUoyea of the State.
Smbrecipient shall also disclose the name of any S�tate employee who owns, directly or indirectly,
more than a five percent(5%) interest in Subrecipiemtor its affi|iates.
(2) Convicted Venclors� Subrecipient shall disclose to Commerce if it is on the Convicted Vendor List. A
person or affiliate placed on the Convicted Vendor List following m conviction fora Public Entity
Crime is prohibited from doing any of the activities listed in Subparagraph (22)(N)above for a period
of36momths from the date,of being placed mn the Convicted Vendor List.
(3) Vendors on Scrutinized Companies Lists: |f this Agreement isim the amount of one million dm||ars
and zero cents ($1,000,000.00) or more, in executing this Agreement, Subredpiemt certifies that it
is not listed on either the Scrutinized Companies with Activities in Sudan List orthe Scrutinized
[omponioauvith Activities in the Iran Petroleum Energy Sector List, created pursuant to section
225.473, F.S.
(a) Pursuant to section 287.135(5), F.S., Commerce may immediateIy terminate this Agreement for
cause itSubrecipient is found to have submitted a false certification mr ifSubrecipiemt is placed
on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List during the term of this Agreement.
(h) If Commerce determines that Subrecipient has submitted a false certification, Commerce shall
provide written notice to Subrmcipient. Unless Subredpient demonstrates in writing, xvitNm
ninety days of receipt of the notice, that [mmrmerce's determination of false certification was
made in error, Commerce shall bring a civil action against Suhrmcipient,. If Commerce'y
determination is upheld,the Subrecipient will be liable for a civil penalty equal to the greater of
two million dollars and zero cents ($2,0010,000.00)or twice the amount of this Agreement, and
Subrecipient wiH be ineligible to bid on any contract with an agency or local governmental entity
for three (3) years after the dale of Cmmmmerce'm determination, of false certification, by
Subredpiemt.
(c) In the event that Federal law ceases to authorize the states to aclopt and enforce the contracting
prohibition identified herein,this provision shall be null and void.
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(4) Discriminatory Vendors� 5ubrecipien1 affirms that it is aware of the provisions of section
287.134(2)(a), F.S, and that atmo time has 5wbredpiemt been placed on the Discriminatory Vendor
List. 5ubrudpient shall not violate such iavv during the term nftWs Agreement. 5wbrecipient shall
disclose to Commerce if it appears on the Discriminatory Vendor List.An entity or affifiate placed on
the Discriminatory Vendor List pmromant to section 287.134, F.5_ may not:
(a) Submit a bid nnacontract to provide any goods nr services toa public entity;
(b) Submit a bid on a contract with a public entity for the construction or repair of a public building
or public work;
(c), Submit bids on leases of nza| property to a public entity;mr
(d) Be awarded or perform work as a contractor, supplier, sub-coritractmr, mr consultant under
contract with any public entity; or transact business with any pubfic entity,
R. Abuse, Neglect, and Exploitation Incident Reporting: In compliance with sections 39.201 and 415.1034,
F.S, an employee of5ubneoimient who knows or has reasonable cause to suspect that a child, aged
person, or disabled adult isor has been abused, neglected, or exploited shall immediately report such
knowledge or suspicion to the Florida Abuse Hotline bycaUing 1-8O0'9GABUSE,ur via the web reporting
option at http://wvvvv.dcf.state.f|.us/abuse/nepnrt/ nr via fax at 1-800-914-0004.
23. FEDERAL REQUIREMENTS PERTAINING TOLOBBYING
A. Federal grant funds provided under this Agreement may not be used by any 5ubredpient or
subcontractor tq support lobbying activities to influence proposed or pending Federal |egiyUat�mmnr
appropriations. This prohibition is related to the use of Federal graint funds and not intended to affect
anindiividua|'s right or that of any organ�zation,to petition Congress, or any other level of Government,
through the use of other resources(See 45C.F.R. Part 93).
B. Swbredpiemt certifies, by the authorized representative's signature to this Agreement, that tothe best
of its knowledge and belief,no Federal appropriated funds have been paid or will be paid, by�r on behalf
ufSobrecipient, to any person for influencing mrattempting to influence on officer ur employee nfany
federal agency,a,K4enmberof Congress,an officer or employee,of Congress,oran employee ofaMember
of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement and the extension,
continuation, renewaL amendment or modification of any federal contract, grant, loan or cooperative
agreement.
C. |i any funds other than Federal apprupri:latedfumds have been paid or will be paid to any person: for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of member mfCongress in connection
with this Federal contract, grant, loan or cooperative agreement, 5ubremipient shall complete and
yubmoitStandar6 Fmrm-LLL, "Disclosure Form tmReport Lobbying."
D. Subrucipient shall comply with the requirements af31 U.S.C. § 1352, and require all subcmntractors of
subavvards (including subcontracts, uubgrants, and contracts under grants' loans, and cooperative
agreements) tmcomphywith 31 U.S.[. § 13S2. In addition, S,ubrec[piemt shall ensure that all submvwards
contain the certification set forth in Subparagraph (23)(8) above and the content of Subparagraph
(23)(C) above. Subrecipient shall require that all Subcontractors provide such ce,irtifications and, when
applicable, submit the completed Uso|osure Form, to Report Lobbying. This certification is a material
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representation of fact upon which reliance was placed when this tranisaction was made or entered into.
Submission mf this certification is prerequisite for making or entering into this transaction. Any person
who makes an expenditure prohibited by Subparagraph (23)(B)or fails to 0|e or amend the declaration
required by Subparagraph (23)(C)shall be subject to civil penalty mfnot less than ten thousand dollars
and zero cents ($10,000.00) and not more than one hundred thousand dollars and zero cents
($�100,000.00)for each such expenditure and such failure.
2/k COPYRIGHT, PATENT AND TRADEMARK
Any, and all, patent rights accruing under or in connection with the perfmrrnamce of this Agreement are
hereby reserved to the State of Florida. Any and all copyrights accruing mnder or in onmmectimn with the
performance of this Agreement are hereby transferred by Subrecipient to the State of Floricla.
A. If Subrecipieint has a pre-existing patent or copyright,�ubrecipient shall retain all rights and entiflements,
to that pre'cxist|nQpatent or copyright unless this Agreement provides otherwise.
B. |f any discovery or imventimn is developed in,the course of or as result of work or services performed
under this Agreement, or in any way connected with it, Smbredpient shall refer the discovery or
invention to Commerce for a determination whether the State of Florida will seek patent protection in
its name.Any patent rights accruing under or in connection with the performance of this Agreement are
reserved to the State of Florida, If any books, manuals, films, or other copyrightab|e material are
produced, Smbredpient shall notify Commerce.Any copyrights accruing under orin connection with the
performance under this Agreement are transferred bySubrocipimntto the State of Florida.
C. Within 30 calendar days of execution of this Agreement, Subredpient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could
give rise to a patent or copyright, Subrecipient shall retain all rights and entitlements to any pre-existing
intellectual property which is so d�isdmsed. Failure todisclose will indicate that no such prmpertyex[sts.
Commerce shall then, under Paragraph B, have the right to all patents and copyrights which aiccrum
during performance nf this Agreement,
25. LEGAL AUTHORIZATION
A. 5uhrmdpient certifies that it has the legal authority to receive the funds under tMs Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. Subrecipimot also
certifies that the undersigned person has the authority to legally execute and bind 3mhredpiemt to the
terms of this Agreement.
B. Prior to execution of this Agreement, Subredp|ent shall disclose all prior or on-going civil or criminal
litigation, investigations,arbitration or administrative proceedings (Proceedings) invm|vingSubrecipient
(and each subcontractor) in a written statement to [ommemce's Contract Manager. Thereafter,
5ubrecipient has a continuing duty to promptly disclose all Proceedings upon occurrence. This duty of
disclosure applies to 5ubnecipieot's or subcontractor's officers and direc1o�msvvhen any Proceeding
relates to the officer or director's business or f|oenda| activities. Details of settlements that are
prevented from disclosure by the terms of the settlement may be annotated as such.
26. PURCHAgNG
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A. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): In accordance with section
946.515(6), F.S., if a product or service required for the performance of this Agreement is certified Iby or
is available from PRIDE and has been approved in accordance with section 946,515(2), F.S.,the following
statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR
REQUIRED TO CARRY OUT,THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED
UNDER CHAPTER 946, F,S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN
SECTION 9146.SI5(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR
OTHER BUSINESS ENTITY CARRYING OUTTHE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE
SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.
The above clause is not applicable to subcontractors unless otherwise required by law. Additional
information about PRIDE and the products it offers is available at
B Products Available from the Blind or Other Handicapped (RESPECT): In accordance with section
413.036(3), F.S., if a product or service required for the performance of this Agreement is on the
procurement list established pursuant to section 413.0135(2), F.S.,the following statement applies;
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR
REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR
THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413,
FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION
413.0136(1) AND (2), FLORIDA STATUTES-, AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM,
OR OTHER BUSINESS ENTITY CARRYING OUTTHE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO
BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT
AGENCY ARE CONCERNED.
Additional information about the designated nonprofit agency and the products it offers is available at
11 hMyt P. fP�!L)Li(JL1.M':"
C. Subreci�pient shall procure any recycled products or materiails which are the subject of or are required
to carry out this Agreement in accordance with section 403.7065, F.S.
27, SEVERABILITY
If any provision, in whole or in part, of this Agreement is held to be void or unenforceable by a court of
competent jurisdiction, that provision shall be enforced only to the extent that it is not in violation of law or
is not otherwise unenforceable, and all other provisions remain in full force and effect.
28. STATEMENT OF ASSURANCES,
A. INTEREST OF CERTAIN FEDERAL OFFICIALS
No member of or delegate to,the Congress of the United States, and no Resident Commissioner, shall
be admitted to any share,of part of this Agreement or to any benefit to arise from the same.
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B. INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF SUBRECIPIEN,T, MEMBERS OF LOCAL
GOVERNING BODY,OR OTHER PUBLIC OFFICIALS
No member, officer, or employee of Subrecipient, or its delegates or agents, no member of the
governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program during
his tenure or for one year thereafter, may have any interest, direct or indirect, in any contract or
subcontract,or the proceedis thereof,for work to be performed in connection with the program assisted
under this Agreement. Subrecipient shall incorporate or cause to be incorporated in all such
Agreements, a provision prohibiting such interest pursuant to the purposes of this subsection. No board
member,officer or employee will be permitted to,receive any remuneration or gift in any amount. Board
members may receive travel expenses in accordance with section 112,0161, F, S,
C. NEPOTISM
Subrecipient agrees to be bound by the provisions of section 112.3135, F. S., pertaiining to nepotism in
its performance under this Agreement,
29, ATTACHMENTS AND EXHIBITS
1. All attachments and exhibits to this Agreement are incorporated as if set out fully herein.
The following order of precedence applies in the event of any inconsistencies or conflict between the
language of this Agreement, the attachments and exhibits,formal guidance issued by Commerce, and
the Notice of Fund Availability (NFA):
a. Notice of Fund Availability(NFA)
b. Attachments
c, Agreement
d. Formal Guidance, Issued by Commerce
This Agreement has the following attachments and exhibits:
Exhibit I—Audit Requirement
Exhibit 1-A—Funding Sources
Exhibit 2—Audit Compliance Certification
Attachment A-2—Low-Income Home Energy Assistance Program Scope of Work
Attachment A-3—Weatherization Assistance Program Scope of Work
Attachment B—Certification Regarding Debarment
Attachment C—Justification of Advance
Attachment D—Property Management and Procurement
Attachment E—Subrecipient Information
Attachment F—Transparency Requirements
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Attachment G—Total Compensaflon for Executive Leadership
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STATE OF FLORIDA
DEPARTMENT OF COMMERCE
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
IN WITNESS WHEREOF, by signature below,the Parties agree to abide by the,terms, conditions and
parovisions of the Agreement,
SUBRECIIPIENT STATE OF FLORIDA
MONROE COUNTY DEPARTMENT OF COMMERCE
By: By:
(Signature)
I J
K e-v Soo , �0 L114Y J, Alex Kelly
(Print/Type Name and Title ere) Sira�tCecretary
Act '
Date: 06/21/2024 Date�
59-6000749 Approved as to form and legal
Federal identification Number sufficiency, subject only to full aind
proper execution by the Parties.
QKLSCT2LM7m9
UEI Number Office of the General Counsel
Florida Department of Commerce
E20112
Agreement Number By:
NACIEOV COUNTY ATTonNEY Approved Date:
Al A �E� FORM
J
0 I
PED -IV4ERCADG-----`
1�9MUNTY ATTORNEY
Date ±/21/24
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EXHIBIT
AUDIT REQUIREMENTS
The administration of resources awarded by the Florida Department of Commerce ('Department" or
"Commence")tm the Smbrecipient may bm subject to audits and/ormonitmring by Commerce asdescribed in the
Agreement and as described further in this Exhibit. No provision of the Agreement is intended to limit the terms
of this Exhibit, and no provision in, this Exhibit is intended to limit the terms of the Agreement. The term
°comtnact,° as used throughoutthis Exhibit, means the Agreement, and any individual smbaward granted to the
Subrecipient through a Notice ofFundAvai|ab||ih/ (°NFA°).
In addition to reviews nf audits conducted in accordance with ] C.F.R. 300, Subpart F Audit
Requirements, and section 21S.97, F.S,asrevised (see AUDITS be|ow), monitoring procedures may include, but
are not limited to,on-site visits by Commerce staff or its authorized representatives,desk reviews, limited scope
audits as defined by [FRg3OQ.4Z5, or other procedures. By entering into this Agreement, the Subredpient
agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by
Commerce. |m the event Cormmmrredeterminesthat a limited scope aud[tmf the Sobrecipientis appropriate,the
Subrecipient agrees to comply with any additional instructions provided by Commerce staff to the Subrecipient
regarding such audit The Subrecipiemt further agrees tm comply and uoopenntewith any inspections, reviews,
investigations, mr audits deemed necessary by the Chief Financial Officer (°CFO~) mrAuditorGenem|.
AUDITS
PART|: FEDERALLY FUNDED
This part is applicable if the Subrecipient is a state or local government o,r a nonprofit organization as defined in
2[.F.N. §2QO.8O, §2O0.64, and g20Q.7O.
1. A Subrecipient that expends $750,000 or more in federal awards in its fiscal year must have a sinQ|e or
program-specific audit conducted in eccmrdamce with the provisions of C.F.R. 280, Subpart F Audit
Requirements, In determinim8 the federal awards expended in its fiscal year,the 5wbrecipien1 shall consider
all sources mf federal awards, including federal resources received from Commerce. The determination of
amounts of federal awards expended should be in accordance with the guidelines established in Z C.F.R.
§§200.503-5Q3. An audit of the Subrecipient conducted by the Auditor General in accordance with the
provisions af3 C.F.R. §200�.514wvi|| meet the requirements ofthis Part.
2. For the audit requirements addressed in Part |, paragraph 1'the Subrecipieutshall fu7fi|| the requirements
relative to auditee responsibilities as provided in 2 [.F.R, §§200,588-512.
3. ASubredpien1 that expends less,than $�760,000 in federal awards in its fiscal year is not required to have an
audit conducted in accordance with the provisions of 2 C.F.R. 200, Subpart F - Audit Requirements. If the
Subrocip|enL expends less than $750,000 in federal awards in its fiscal year and elects to, have an audit
conducted in accordance with the provisions mf2[.F.B. 2OQ,Subpart F Audit Requirements,the cost ufthe
audit must be paid from non-federal resources(i.e.,the cost of such an aud'it must be paid from Subrecipient
resources obtained from other than federal entides).
PART||: STATE FUNDED
This part isapplicable if the Subrecipient |sa nonstate entity as defined by Section 215.97(3), F.S.
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1. In the event that the Swbrecipimmt expends m total amount of state financial assistance equal to or in excess
of$750,000 in any fiscal year of such Subrecipient(foir fiscal years endingJune 30,2017,and thereafter),the
Subreclpientmust have a state single or pro�ect-specific audit for such fiscal year in accordance with section
215.97, F.6.; Rule Chapter 69|-5, F.A.C.,State Financial Assistance;and Chapters 10.550 (local governmental
entities) and 10.650 (nonprofit aind for-profit organizations), Rules of the Auditor Generail. EXHIBIT 1tothis
form lists the stateNnaincia| assistance awarded through Commerce by this agreement. In determining the
state financial assistance expended in its fiscal year, the Smbredpient shall consider all sources of state
financial assistance, including state Mmaimcia;assistance received from Commerce, other state agencies, and
other nanytaLe entities. State financial assistance does not include federal direct or pass-through awards,
and resources received by nonstete entity for federal program matching requirements.
2, For the audit requirements addressed in PartU, paragraph 1, the5wbrecipiont shall ensure that the audit
complies with the requirements ofsection 215.97(8)' F.S. This includes submission ofafinancial reporting
package as defined by section 2IS.97(Z), F.5, and Chapters 1O.550 (local governmental entities) aimd1&GS0
(nonprofit and for-profit organizations), Rules of the Auditor Genera[.
3. |f the Subrecipimn1expends less than $7SO,00U [n state financial assistance in its fiscal year (for fiscal years
ending June 30, 2817, and thereafter), an audit conducted in accordance with the provisions of section,
315.97, F1' is not required. If the S�ubrecipiemt expends less than $750,0100 in state financial assistance in
its fiscal yearand elects to have an audit conducted in accordance with the provisions of section 215.97, F.�.,
the cost of the au�it must be paid from the nonstate entity's resources(i.e.,the cost of such an audit must
be paid'from the Subrecipient's resources obtained from other than state entities).
PART III:OTHER AUDIT REQUIREMENTS AUDITOR WORK PAPERS QN INTERNAL CONTROLS
The Subrecipient will obtain the internal control work papers from the auditor(s) performing its annual
independent financial statement audit. The 5ubreo[pient will keep these work papers o�msite as part of their
financial records and will make these records available for re0ew by Commerce upon request, The Subrecipient
further agrees that, upon request, Commerce will also be provided other audit work papers as needed.
PART IV: REPORT SUBMISSION
1 Copies of reporting packages for audits conducted in accordance with 2 C.F.R. 208, Subpart F Audit
Requirements, and required by Pad U of this form shall be submitted, when required by 2 C.F.@. §200.512,
by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse("FAC")as provided in 2 C.F.R.
B20036 and §Z8O.613.
The FAC's website provides a data entry system and required forms for submitting the single audit reporting
package. Updates to the location of the FAC and data entry system may be found at the OMB website.
Z Copies of financial reporting packages required by Part U of this form shall be submitted by or on behalf of
the Suhrecipinnt directly tm each of the fm||owing:
m, Commerce at each of the following addresses:
Electronic copies (praferred): or Paper (hard copy):
Florida Department mfCommerce
MSC 07S,Caldwell Building 1D7 East Madison Street
Tallahassee, FL3Z399-4I2G
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The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The,Auditor General's welbsite provides instructions for filing an electronic copy
of financial reporting package,
& Copies of reports or the management letter required by Part III of this form shall be submitted by or on
behalf of the Subrecipient directly to:
Electronic copies (preferred): or Paper(hard copy):
cv Florida Department of Commerce
MSC#75,Caldwell Building 1017 East Madison Street
Tallahassee, FL. 32399-4126
4 Any reports, management letters, or other information required to be submitted Commerce pursuant to
this Agreement shall be submitted timely in accordance with 2 C.F.R, §200.512, section 215.97, F,S,, and
Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, as applicable.
5 Subrecipients, when submitting financial reporting packages to Commerce for audits done in accordance
with 2 C.F.R� 2001, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) 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 in correspondence accompanying the reporting
package,
PART V: RECORD RETENTION
The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement
for a period of five(5)years from the date the audit report is issued,or five(5)state fiscal years after all reporting
requirements are satisfied and: final payments Ihave been received, whichever period is longer, and shall aillow
Commerce,or its designee,CFO,or Auditor General access to such records upon request.The Subrecipient shall
ensure that audit working papers are made available to Commerce, or its designee, CFO, or Auditor General
upon request for a period of five (S)years from the date the audit report is issued, unless extended in writing by
Commerce. in addition, if any litigation,claim, negotiation, audit,or other action involving the records has been
started prior to the expiration of the controlling period as identified above, the records shall be retained until
completion of the action and resolution of all, issues which arise from it,or until the end of the controlling period
as identified above, whichever is longer.
-End of Exhibit I -
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EXHIBIT 1-A
FUNDING SOURCES
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Federal Awarding Agency: U.S. Department of Health and Humiain Services
Low-income Home Energy Assistance Program (formulla
Catalog of Federal Domestic Assistance Title: grant)
Catalog of Federall Domestic Assistance Number: 93,568
Federal!Awarding Agency: U.S. Department of Energy
Catalog of Federal Domestic Assistance Title: Weatherization Assistance Program
Catalog of Federal Domestic Assistance Number: 81.0142
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Federal Program:
1, Recipient shall use the LIHEAP funds to provide energy assistance benefits to eligible households
with low income.These funds will be expended in accordance with applicable law and the terms of
this Agreement, including, but not limited to attachments, applicable federal cost principles and
regulations,and the FFY 2024 LIHEAP State Plan.
2. Recipient shall comply with all applicable U.S. Department of Health and Human Services laws,
including, but not limited to, title 42 U.S.C. chapter 106, and all applicable regulations as set forth
in title 45 C.F.R. part 75 and part 96.
3. Recipient shall use the WAP funds to perform energy saving repairs and installation of energy saving
measures on qualified single-family dwellings in accordance with all attachments to this
Agreement, applicable,Uniform Guidance,WAP Procedures Manual, Field Guides and the FFY 2024
WAP State Plan.
4. Recipient shall comply with applicable Uniform Guidance, Commerce's WAP requirements, and
eligibility requirements as set forth in the U.S. Department of Energy regulations codified in Title
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10 of the Code of Federal Regulations, part 440 — Weath,erizatio�n Assistance Program for Low-
Income Persons.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIIS AGREEMENT CONSIST OF THE
FOLLOWING:.
N/A
MATCHING RESOURCES FOR FEDERAL PROGRAMS-,
Federal Program: N/A
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project: NI/A
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT
ARE AS FOLLOWS:
NI/A
NOTE: Title 45 C.F.R. 75.352 and section 215,97(5), Florida Statutes, require that the information about Federal
Programs and State Projiects included in Exhibit 1 be provided to the Recipient.
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EXHIBIT 2
AUDIT COMPLIANCE CERTIFICATION
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Audit, Compliance Certification
Email a copy of this form within 60 days of the end of each fiscal year in which this grant was open to
Subrecipient:
FEIN: Subrecipient's Fiscal Year:
Contact's Name: Contact's Phone:
Contact's Email:
1. Did Subrecipient expend state financial assistance, during its fiscal year, that it received under any
agreement(e.g., contract, grant, memorandum of agreement, memorandum of understanding,
economic incentive award agreement, etc,) bet��n the Subrecipient and the Florida Department of
Commerce(Commerce)? Yes N-1 0
If the above answer is yes, answe t f lo�win Vb o loWin Vare proceeding i m 2.�ceedisng 1 m 2-
D,' Subr cip�ienit�xpe 000 �r mor state,fi and 4 t arc (fr Commerce and all other
has s
" X, R yes
nc
es of stat: nci a ist ce mbined) d ing'"s is Yes No
pi tc rt ifies I 1W V
If yes,the br 1pi t c rtifies that it will tim com y with all applicable state single or project-
,, ul
s fi re
t i
pecific a d e airs ants of section 215.97, orida Statutes, and the applicable rules of the
ud 5Departmen of Financial Services and the Audit r General.
2 Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement
(e.g., contract,grant, memorandum of agreement, memorandum of understanding, economic incentive
award agreement, etc.) between the Subrecipient and Commerce? -Yes No
If the above answer is yes, also answer the following before proceeding to execution of this certification:
Did the Subrecipient expend $750,000 or more in federal awards (from Commerce and all other sources
of federal awards combined) during its fiscal year? _Yes No
If yes,the Subrecipient certifies that it will timely comply with all appl'icabile single or program-specific
audit requirements of title 2 C.F.R. part 200,subpart F,as revised.
By signing below, I certify, on behalf of the Subrecipienit,that the above representations for items 1 and 2
are true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
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ATTACHMENT A-2
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM
SCOPE OF WORK AND FUNDING SOURCES
1. SUBRECIPIENT RESPONSIBILITIES
Subrecipient shall comply with, and if applicable, shall ensure all subcontractors' compliance with, the
following requirements:
A. COMPLIANCE REQUIREMENTS,
(1) Subrecipient shall use the LIHEAP funds to provide energy assistance benefits to eligible households
with low income.These funds will be expended in accordance with applicable law and the terms of
this Agreement, i'ncludiing, but not limited to attachments, NFA(s), policies and guidance issued by
Commerce, applicable federal cost principles and regulations, and the current LIHEAP State Plan.
(2) Subrecipient shall comply with all applicable U.S. Department of Health and Human Services laws,
including, but not limited to,title 42 U.S.C. chapter 106, and all applicable regulations as set forth in
title 45 C.F.R. part 75 and part 96, as well as 2 C.F.R § 175.15(b) as it relates to 22 U.S.0 7104
Prevention of trafficking,
B. PAYMENT AND DELIVERABLES
Subrecipient shall be reimbursed monthly for expenditures reported on its Monthly Financial Activity,
as described in this Attachment for successful completion of the Deliverable, as solely determined by
Commerce.
Dehverable: Direct Client Services and Hours of Operation
(1) Subrecipient shall provide services to a minimum of one household per month in accordance with the
LIHEAP Annivail Workplan, and section E. and section F, of this Attachment to this Agreement and shall
have its main administrative office(s) open for business,with the entrance door open to the public, and
at least one employee on site Monday through Friday, during the hours of 9:00 AM and 5:00 PM. This
operating hour requirement does not apply to Subrecipient's outreach locations.
(2) Subreciplent shall submit a revenue and expense statement supporting costs in sufficient detail to
evidence such costs were allowable, reasonable, allocable and necessary to serve eligible clients.
(3) Subrecipient shall each month submit a Monthly Financial Activity as described in this Attachment.
C. FINANCIAL CONSEQUENCES
(1) Failure to successfully complete the the above Deliverable, as determined by Commerce in its sole
discretion, will result in nonpayment. Commerce shall not reimburse any expenditures associated
with the Deliverable not accepted by Commerce as successfully completed,- however, this doles not
preclude Subrecipient from receiving payment for such expenditures upon successful completion of
the Deliverable.
(2) The Financial Consequences identified in this Agreement do not preclude Subrecipient from being
subject to "Debarment and Suspension" as prescribed by Commerce. When a Subrecipient falls to
comply with the terms of this Agreement, a temporary suspension of funding for enforcement
purposes may be instituted.
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D. 0[F11N0ONS
(1) "Administrative Expense"—Those costs for general administration and coordination of the program,
including direct and indirect costs. This includes the salaries, fringe, rent, utilities, travel, etc
associated with financial and administrative management of the program.
(2) "Applicamt"—Apurxon or persons who has submitted or requested am application for services.
(3) "Application Date" —The date the application is completed (whether by self or with assistance),
signed by the Applicant, and verified bySubrecipient'sstaif[ This date shall not bechanged.
(4) "Application Receipt"—ThedateanApp|icantfiotsubmitsamappUoatinnfwrassistancm.
(S) "CUiemt"—An App|icant, household mr customer whose application for assistance has been approved.
(6) "Crisis Assistance" —Assistance provided to an Applicant with no access, to, or in danger of |nnimg
access to, needed home energy. Smbrecipient must refer to the current LUHEAP Policies and
Procedures MwnuaU for current Crisis Assistance guidelines.
(7) "Eligible Actions"—All applications for Crisis Assistance must be acted upon by Subrecipient with an
Eligible Action taken to mediate the crisis uvitNn 18 hours of Application Receipt. Eligible Actions
include:
(a) Approval ofapplication;
(6) Denial of application pending further information;
(c) Denial nf application because Applicant is deemed ineligible;
(d) Contact utility vendor to halt power disconnection or interruption in services; or
(e) Written referral to, along with providing Applicant assistance in contacting, another agency if
UHEAPfundimg is not available or the Applicant in ime|ig|b�|m.
(D) "Home Energy Assistance" —Assistsmce provided to an &ppNcant to reduce the Applicant's overall
home energy burden.Subrecipient may provide at least one (1) Home Energy Assistance benefit per
calendar year.
(a) A Client may not receive more than one (1) Home Energy Assistance benefit per calendar year.
(b) The benefit is not contingent upon cunentor mast due amounts and can be used as direct
credit to the Client's account.
(c) May be used to pre-pay home energy usage up to the amount the Client is eligible to,receive.
(d) Mivat follow the current benefit payment matrix provided by Commerce.
(9) "Home Energy Crisis"—shall be defined as no access or being in immediate danger of losing access
to needed home energy becauseuf any of the following:
(a) The Applicant's home cooling or heating energy source has been cut off;
(b) The Applicant has been notified that the energy source for cooling or heating is going to be cut
off"
(r) The Applicant has received a notice indicating the energy source in delinquent nr past due;
(d) The Applicant is unable to get delivery of fuel for heating, is out of fuel for heating, or is in
danger mf being out of fuel for heating�,
(m) The Applicant has a bill for which the due date has lapsed; or
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(h The Applicant has other problems with lack ofcooling or heating in the home, such osneeding
to pay deposit, needing repair or purchase of heating or cooling equipment, or needing
interim emergency nmeasunestuavoid further crisis.
(10) "Outreach Expenses" — costs incurred in delivering LUHEAP services that are not purely
administrative in nature. This may incUude staff expenses such as 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) "Reasonable Promptness"—Means within 15 business days of Application Receipt,
E^ PROGRAM TASKS&REQUIREMENTS
(1) 5ubracipientvvi|| administmrthm L|HEAP Program in accordance with information and directives
provided in Commerce-issued Information Memorandum notifications, NFA(s), Commerce-issued
policy directives and guidance (if any), and this Agreement.
(2) Subredpient shall conduct outreach activities designed to ensure that eligible households,
especially households with elderly or disabled' individuals, young children, and those with the
highest home energy burden are made aware of the assistance available under this Agreement.
(3,) Subrecipient shall assist each Applicant in securing help through other community resources when
LIHEAP funds are not available or are insufficient to meet the emergency home energy needs of an
Applicant,
(4) Iubrecip�ientshm|| maintain the following written policies:
(a) Avvr|tten policy that outlines its procedure and requirements fmr conducting home visits to
home-bound Applicants, especially the elderly or disabled, for completion of the program
application mr eligibility determination when other assistance is not adequate.
(b) A written po8icy to secure Appficants'soc:iail security numbers in order to protect their identity.
At e minimum, this policy shall address the handling ofboth paper and electronic records and
files. Subrecipient shall, in collecting Applicants' social security numbers, use the Notice
Regarding [w||uctiom of Social 5ecmrfty Numbers. The Notice shall be signed by the Applicant
and maintained in the Client file.
(c) Awritten poficy to assure that all energyvenclors to which energy assistance payments are,made
comply with the requirements mf section Hof this Attachment.
(d) Am/rittenpo|icyomhouo1mclmoumentandverifythatam Applicant meetsthe definition ofaHome
Energy Crisis and is eligible for Crisis Assistance,
(e) A written policy to ensure that L|HEAP funds are appropriately budgeted and expended to
sufficiently allow for energy assistance benefits in both the heating and cooling seasons.
(f) A written policy for determining APp|icaint^s eligibility for receiving benefits under the LUHEAP
program.
(g) A written appea|s and complaint policy that provides an opportunity fmr a fair administrative
hearing to Applicants or Clients whose applications for assistance are denied or whose
applications are not acted upon with Reasonable Promptness. Subrecipient shall post its appeal
and complaint policy in a prominent place within Subrecipient's off ice viewable by all Applicants
and Clients.
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(5) Subrecipient shall,within 15 business days of the Application Date,furnish a written Notice of Denial
and Appeals for each Applicant denied assistance. At a minimum,the written Notice of Denial and
Appeals shall contain:
(a) Name of Applicant;
(b) Date of Application;
(c) Type of benefit sought;
(d) Reason(s)for denial;
(e) Statement on Subreciplent's benefit limits, if applicable;
(f) Statement of appeals process;
(g) Explanation of the circumstances under which the Applicant may reapply;
(h) Explanation of the information or documentation needed for the Applicant to reapply;
W Name, phone number, and address applicable to the appeal process,- and
()) Number of days the Applicant has to file the appeal.
(6) Subrecipient shall make payments to energy vendors on behalf of eligible Applicants with the
"highest home energy needs and lowest household income,"' which will be determined by taking
into account both the energy burden and the unique situation of such Applicants that results from
having members of vulnerable populations, including very young children, the disabled, and frail
older individuals.
(7) Subrecipient shall enter into a Memorandum of Understanding (MOU) with all Weatherization
Assistance Programs (WAP) in its service area. The MOU will detail cooperative efforts and shall
describe the actions that will be taken by both parties to assure coordination, partnership, and
referrals.The Subrecipient shall review and renew the MOU at least every five years. Subrecipient,
in coordination with the local WAP agency, shall develop a system by which LIHEAP Clients who
have received more than three(3) LIHEAP benefits in the last 18 months and who are homeowners,
are referred to the WAP provider. Subrecipient shall maintain records sufficient to document
referrals,
(8) Subrecipient shall enter into,an MOU with service area Emergency Home Energy Assistance for the
Elderly Program (EHEAP)providers.The MOU willl ensure coordination of services,avoid duplication
of assista,nce, and increase the quality of services provided to elderly participants.The Subrecipient
shall review and renew the MOU at least every five (5) years. The MOU will detail how L11HEAP and
EHEAP records (for households with elderly members) will be checked to avoid duplicate Crisis
Assistance payments during the same season. Subrecipient shall maintain records sufficient to
document coordination.
(9) Subrecipients serving multi-county areas shall provide Commerce with a description of how direct
client assistance funds will be allocated among the counties. The allocation methodology must be
based at least in part on the 150% of poverty population within each of the counties served. This
information, must be reported in Subrecipient's Multi-County Fund Distribution Form.
(10) Subrecipient shall agree to treat owners and renters equitably under the Agreement.
(11) Subredpient shall not charge Applicants a fee or accept donations from an Applicant to provide
LIHEAP benefits.Subrecipient shall post the following statements in a prominent place visible to all
Applicants and Clients: "No money, cash or checks, will be requested or accepted from Applicants
or Clients for LIHEAP services of any kind. If an employee asks for money, report this to the agency
Executive Director or Department Mead.'"
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(12) Subrecipient shall have a physical location and operate during hours availa�Ie to Applicants and in
accordance with the days and times as stated in section & (1) of this Attachment.
(13) Subrecipient shall refund to Commerce,with non-federal funds,all funds incorrectly paid on behalf
of Clients that cannot be collected from the Client.
(14) Subrecipient shall have appropriate staff attend training sessions scheduled by Commerce to cover
L1HEAP pmUides and procedures,
(15) 5ubredpiumt shall furnish traimimg for all staff members assigned responsibilities within the
program.
(16�) Subrecipient shall be in a position to accept applications after execution of this Agreement and
adequate funding is provided. 5ub/ecipiemt shall continue taking applications until ihiuAgreement
expires or funds are exhausted,whichever comes first.
(17) Subrecipient shall compIy with the Federal Financial AccountabiIity and Transparency Act (FFATA).
This includes securing e Unique Entity Identifier (QE|) number ( ) and
maintaining an active and current profile in the Central Contractor Registration ([CR)
(wxm/w/.ccr.Auv).
(18) Su6redpken1 shall publish and publicize its local outreach office telephone number, as well asthe
days and times the outreach office is open. If applicable for the area served,Subrecipient shall have
a toll-free telephone number.
F. CLIENT APPEALS
(I) At minimum, Sub�*ec�p�ient'sappeals process must provide am oppurtmmity for an Applicant or
Client to file a written, appeal with Subrecipient's Program Supervisor within 10 calendar days of
receipt of the written Notice mf Denial and AppeaU:
(a) Upon receipt ofavaOd|y filed appeal or complaint, Subredp�ientshaU respond in,writing within
1O calendar days,
(b) The Applicant or Client may appeal Subrecipiemt's first response by filing its objections to the
response with Subreoipiiemt's Director, Executive Director, or Board Chair, as applicable, within
five (5) calendar days mf receipt pf the first response,
(c), Upon receipt of a validly filed objection to the first response, Subredpiemt shall respond in
writing within IQ calendar day*, and the response must clearly state the final outcome of the
appeal,that the decision isfinal,and, if applicable,the circumstances under which the Applicant
mr Client may re-apply for services.
G. CLIENT SERVICES AND BENEFITS
(1) Subrmcipient shall provide LINEAP Home Energy Assistance benefits based on the state'pnovWed
LIHEAP Payment Matrix.The benefit amount is based on the household's income level:,as compared
to the National Poverty Guidelines,
(2) The following benefits will he available in the current Low Income Home Energy Assistance
Program, Policies and Procedures Manual.
(2) Based" on local need for L|HEAP services, and mthermnn-LhHEAP energy assistance resources in its
service area, Subredpiont may limit Crisis Assistance benefits to less than those stated in section F.
(2) of this Attachment, but not less than one (1)Crisis Assistance benefit per year.
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(4) Subrecipdemt shall determine the correct amnuntnfeach Crisis Assistance benefit based on, the
minimum necessary to resolve the crisis, but not more than the maximum set by Commerce.
Commerce will infOrMthe Subrecipientof the maximum crisis benefit priorto the heginningof each
program year.
(5)When the Applicant is in a crisis situation(life threateniing or non-life,threatening),Subrecipient shall
take one or more Eligible Actions that will resolve, the emergency situation within 18 hours of
Application Receipt fora [rids Assistance benefit and document the Client file with which Eligible
Action was used,
(6) For all approved applications, Subrecipient shall make payments to vendors on behalf of approved
Applicants no more than 45 calendar days from the Application Date.
(7) Suhrecipiemt shall, within, 25 business days of the Application Date, furnish in vvridm0 to each
approved Applicant a Notice of Approval and Appeals which includes:
(o) Type and amount ofassistance;
(b) Name of the energy vendor tobe paid on the Client's behai�
(c) The next clate when the Client will be eligible tu apply for further assistance; and
(d) Su6redpient'*Ampee| policy.
(8) For Crisis Assistance Applicants, Subrecipient shall compare L|HEAP records and EkEAP records for
households with elderly members to avoid duplicate Crisis Assistance payments during the same
eUh@ibi|ity period and maintain documentation sufficient to ensure compliance with this
requirement.
(9) Applicant eligibility shall be based on the following factors:
(a) 5mhredmhent may only assist Applicants who are, mrwere, residing in its L|HEAP service area at
the time the home energy costs were incurred.
(b) The Applicant must complete an application and return all required information and
verification to Subrecipientorsubcontractor.
(c) The Applicant must provide a md1i1K or fuel, bill verifying an obligation to pay home energy
costs,
(d) The Applicant must have a total gross household income of not more than 150%of the current
OMB federal poverty level for their househn[d'ssize.
(e) To receive a Crisis Assistance benefit, the Applicant must meet the requirements of having a
verifiable Home Energy Crisis as this term is defined in section, D. (9) of this Attachment.
(f) if the Applicant lives in government subsidized housing, 5ubrecipient shall determine if all or
part of Applicant's utility costs are paid directly or indirectly by the government and then take
the following appropriate action:
(|) Smbredpient shall not provide assistance to an Applicant if Applicant's home heating and
cooling costs are,totally included in Applicant's rent and Applicant has nm obligation tmpay
any portion of the costs,
(ii) For Crisis Assistance Only: |f the Applicant receiwesan energy subsidy through Section 8mr
a Public Housing Authority, them Subnecipimnt shall subtract the amount of the subsidy
avai|abletm the Applicant during the period: covered by the utility bill from the allowable
L|HEAP crisis benefit calculated for the household.
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(iii) For Home Energy Assistance Only: If utility costs are not paid directly or indirectly by a
government entity, the Applicant is eligible for a Home Energy Assistance benefit with no
deductions at the same level as other Applicants.
(g) The Applicant must not reside in a group living facility or a home where the cost of residency is
at least partially paid:through any foster care or residential program administered by the state.
(h) The Applicant must not be a student living in a dormitory,
(101) Calculation of income eligibility:
(a) Use the past 30 days earnings for aill occupants of the household annualized,or the Applicant's
most current economic situation, whichever is lower.
(b) Reference the current year Sources of Allowable Income to determine what is and is not
considered as allowable income.
(c) Total household income cannot exceed the greater of an amount equal to 150, percent of
Federal Poverty Guidelines (FPG)for the state;or an amount equal to 60 percent of the SMI for
the state;
(d) If an Applicant cannot document household income and does not receive food stamps, the
Subrecipient shall accept a signed self-declaration of income statement that adequately
explains exceptional circumstances and gives the amount of the Applicant's income.
(e) No household may be excluded solely on the basis of income if the household income is less
than 110%of the poverty level.
H. CLIENT RECORDS
Subirecipienit shall maintain information in a file for each LIIHEAP Client that includes at least the
following information:
(1) Client's name, address, sex, and age, and customer name on utility account (if not the Client);
(2) Names, ages, and current identification documentation (no more than one year expired) of all
household members;
(3) Social Security Numbers and documentation of such numbers for all household members or the
citation to the applicable exemption;
(4) Signed Notice Regarding Collection of Social Security Numbers;
(5) Income amount and method of verification for all household members;
(6) Income documentation to support eli&ility;
(7) Signed statement of self-declaration of income, if applicable;
(8) Signed statement of how basic living expenses, such as food, shelter, and transportation are being
provided if the total household income is less than 50% of the current Federal Poverty Guidelines
and no one in the household is receiving SNAP assistance;
(9) Copies of approval or denial letters, including appeal procedures, provided to the Client;
(101) Documentation of disability income or physician's statement if preference or additional benefit
provided due to a disability;
(11)Documentaition of Client's obligation to pay the energy bill for the residence in which,Client resides;
(12)Signed Authorization for Release of General and/or Confidential Information for LIHEAP
(13)Data, or notation that the Client did not sign the waiver;
(14)Utility Account Number;
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(15)lfUHEAP prevented disconnection or restored am energy disruption; and
(16)Ashgmed UHEAPappAcation with signatures of the Applicant, Smbrecipiemt'snepresentotiwe and
supervisory staff.
|. ENERGY VENDORS
(1) Unless special circumstances exist which permit Smbrecipientto make a payment in the form of
two-party check made payable to the Client and the energy vendor, Subreciplemt shall negotiate
and maintain written agreements(the "Vendor Agreement")with energy vendors which must at a
minimum include:
(a) The beginni�mA and ending date of the Vendor Agreement.
(b) Thenameand/m/t[deofkeycontactstaffuoi1hbothtbeSmbrecipientamdemergyvenclmrvvho
are authorized to resolve crisis situation and make a payment commitment on behalf ofa
CUem1.
(o) A description, of how Submecimient shall make energy payments directly to the energy vendor
on behalf ofUHEAPClients.
(d) Assurances from the energy vendor that no household receiving L|HEAP assistance will he
treated adversely by the energy venclor because of swch assistance under applicable provisions
of state |avv or public regulatory requirements.
(e) Assurances from the energy vendor that it will not &scrimimate, either in the cost of goods
supplied or the services provided,against the eligible housmhoWnn whose behalf payments are
made.
(f) A statement that only energy related elements wfa utility bill are tnhepaid. Nm water orsewage
charges may be paid except if required by the energy vendor to resolve the crisis a!ndmoother
resources to pay that portion of the Wll can be secured by the Client or Subrecipient.
(g) A statement that Subrecipient may not pay fmr chairges that result from illegal activities such as
m had check or meter tampering. Astatememt that the energy vendor in aware that those
charges are the responsibility ofthe Client.
(h) A statement that the energy vendor is aware that when the benefit amount does not pay for
the complete charges, owed by CUent, the CHent is responsible fmr paying the remaining
amount owed.
(i) Details on how the energy vendor vviH assist Subrecipiem1 in verifying the L|HEAP Client's
account information and, in the case of crisis assistance, make timely commitments to resolve
the crisis. A process must be in place, to verify the current amount owed and the onumumt
necessary to resolve the crisis,situation.
(j) Subnecipients commitment to make payment to the energy vendor no more than 45 45
calendar days from the Application Date.
(k) A statement that the energy vendor is aware that if L|HEAp payments made to the energy
vendor cannot be applied to the Client's account, the funds will be returned to Subrecipient
within 3,0-45 calendar days of a refundable activity (account cUosure, overpayment, etc.)
occurring or,with Subredpient`s approval,applied to another eligible Client's account.
(|) A statement that the energy vendor will provide documentation at mioinomrn monthly to the
subrecipient to demonstrate that LIHEAP benefits were delivered,the date of benefit de,livery,
and the cost of these benefits. Subreci�ient must maintain these records.
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(2) If the energy vendor will participate in the Annual Performance Measure Data Collection, the
Vendor Agreement shall also contain:
(a), An assurance that the Subrecipient shall collect signed Authorization for Release of General
and/or Confidential information for LIHEAP Data from eligible Applicants who choose to allow
their data to be collected as part of the annual performance measures and ensure the signed
releases are available for inspection by the energy vendor.
(b) An assurance that the energy vendor is aware that as long as signed Authorizations for Release
of General and/or Confidential information for LIHEAP Data are collected and available, the
energy vendor will provide the requested customer data to Commerce.
(3) The energy vendor must be in"active"status with the State of Florida: http://sunbiz.oirg/seairch.htmil
and the energy vendor's name must be checked on SAMS at https://www.sam.gov. The name on
the Vendor Agreement must match the legal business name on the State of Florida webs,ite.
Municipal providers are excluded from this requirement.
(4) The Vendor Agreement must be reviewed by both parties at least every five (5)years,
(5) The Vendor Agreement must be signed by upper level management of both Subrecipient and the
energy vendor authorized to enter into such commitments.
2. REPORTS
Subrecipient shall submit the following reports to Commerce as specified below.
A. ANNUAL REPORTS
(1) IRS Form 990: Subrecipients that are below the $750,000 threshold for all Federal awards in its
fiscal year,are non-profit entities,and exempt from the Federal Single Audit Act requirements,shall
submit with its Agreement proposal a copy of its most recent IRS Form 990,
(2) LIHEAP Annual Household Report: Subrecipient shall complete and submit the LIHEAP Annual
Household Report on an annual basis. Subrecipient shall be notified in writing of the due date and
submission requirements.
(3) LIHEAP Annual Performance Measures Report: Subrecipient shall complete and submit the LIHEAP
Annual Performance Measures Report on an annual basis. Subrecipient shall be notified in writing
of the due date and submission requirements.
(4) The Subrecipient shall submit an Annual Report using Attachment G, including the most recent IRS,
Form 990, detailing the total compensation for the Subrecipient's executive leadership teams.
Total compensation shall include salary, bonuses, cash-in leave, cash equivalents, severance pay,
retirement benefits, deferred compensation, real property gifts and any other payout. All
compensation reports must indicate what percent of compensation comes directly from the State
or Federal allocations. The annual report will be due to Commerce 30, calendar days after the
submittal of the 990 form to the IRS. The Subrecipient must inform Commerce of any changes in
total executive compensation between annual reports within 60 calendar days of the change.
B. QUARTERLY REPORTS
(1) Low Income Home Energy Assistance Program Quarterly Performance and Management Report
Subrecipient shall submit to Commerce the Low Income Home Energy Assistance Program
Quarterly Performance and Management Report no later than the tenth day of each month
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following the end of the quarter. Subrecipient shall be notified in writing of the clue date and
submission requirements.
C, MONTHLY REPORTS
(1) Subrecipient shall submit to Commerce the LIHEAP Monthly Financial Activity no later than the 21"
day of each month folflowing the end of the reporting month in which funds were expended.
Subrecipient shall submit the Monthly Financial Activity regardless of whether funds were
expended.Commerce will make its determination whether to reimburse Subrecipien,t's costs based
on Subrecipient's successful completion of deliverables, as evidenced by information contained in
and submitted with the Monthly Financial Activity.Only with prior approval by Commerce will more
than one reimbursement be processed for any calendar month.The Monthly Financial Activity must
be submitted in Commerce's current electronic financial management system and a signed copy
submitted via facsimile or electronic mail by the due date. In the event the 21" day of the month
falls on a weekend day or holiday, the Monthly Financial Activity shall be due on the next business
day.
(a) Each Monthly Financial Activity shall contain the following information, at a minimium:
(i) An itemized list of all expenditures that occurred during the reporting month,
(ii) the amount of reimbursement requested, and
(iii) the, number of clients served.
(iv) All other supporting documentation requested by FloriclaCommerce
(b) An authorized signatory shall sign, date, and attest to the veracity of each Monthly Financial
Activity. Subrecilpilent's submission of a signed and completed Monthly Financial Activity is
Sulbreciipiient's acknowledgement and certification that all expenditures listed therein: are
reasonable, necessary, allowable, and allocable; were expended in accordance with the terms
and conditions of this Agreement as well ais all applicable federal, state, and local laws,
regulations and written guidance;and have been reconciled with supporting documentation by
Subrecipient,which is readily available to Commerce upon request,
(c) Commerce shall review each Monthly Financial Activity for compliaince with the requirements
as stated in this Attachment of this Agreement.
(2) Subrecipient shall submit the Monthly Client Services Report via the current online client tracking
and reporting system to Commerce no hater than the 21"day of each month following the end of
the reporting month in which clients were served.
D. MONITORING REPORT RESPONSES
Subrecipient shafl provide a written response to Commerce for all monitoring report findings or
concerns no later than 35 calendar days from the date of the original monitoring report. Commerce
shall notify Subrecipient of the due date for any subsequent monitoring report responses as may be
required, if the 35"' day falls on a weekend day or holiday, the response to the original report shall be
due on the next business day.Subrecipient may request an extension in writing for Commerce's review
and approval.
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E. COST ALLOCATION PLAN
Per title 45 C.F.R. § 75.302, Subredpient is required to have written financial management systems
procedures for determining the reason a ble ness,allocability, and allowability of costs in accordance with
the provisions of the cost principles and terrms and conditions of the award. To document this,
Subrecipient must submit a copy of its written Cost Allocation Plan, in accordance with 45[F.R. 75.415,
to Commerce with this Agreement.
F. INDIRECT COST RATE PROPOSAL
5mbreoipiemts of federal awards are required to have an approved, federally recognized indirect cost
rate negotiated between such smbrecipients, and the Federal Government. |fnosuch rate exists, then
Subrecipient shall have either a rate negotiated with Commerce (in compliance with 45C.F.R. Part 75)'
or a de /n/ninis indirect cost rate as set forth in 46 C.F.R. §75.414(f). 5ubrecipient shall submit its
current Indirect Cost Rate Proposal to Commerce with this Agreement. |fSubrecipient chooses to use
the denn/minis rate, SubredpientshaQ make sure it is |e8aHyendded to use that rate and imdmdee
statement to Commerce tothat effect with this executed Agreement. Subrecipiemt is not obligated to
es1abUsh an indirect cost rate ifSu6recipientdoes not charge indirect costs.
G. OTHER REPORTS
Upon reasonable notice, Subrecipien1ahm8 provide such additional program updates, reports, and
information as may be required by Commerce, inciudinO supporting or source documentation for any
reports,identified above im this Attachment,
H. CLOSE-OUT REPORT
The LIHEAP Close-Out Report is due 4S calendar days after termination of the Agreement or 45 calendar
days after completion of the activities contained in the Agreement, wNchever occurs first. If the 45':
calendar day falls on a weekend day mr holiday, the Close-Out Report shall be due on the next business
day, Subrecipient shall submit original signed documents to Commerce that include, a:t a minimum, the
Close-Out Cover Sheet,the Ll HEAP Final Financial Status Report, property inventory and accrual report,
report on interest bearing accounts, a refund check for any unspent funds, if applicable, and a refund
check for any interest earned on advances, if applicable.
|. SUBMISSION
Unless otherwise noted, reports shall be submitted to Florida Department mfComnnmencn's designated
Contract &8onagerasassigned by Commerce and delivered by standard mail mr electronic mail using
the contact information provided inParagraph 16of this Agreement,
3. PROGRAM STATUTES ANID REGULATIONS
A. INCORPORATION OFLAWS, RULES, REGULATIONS AND POLICIES
The apP8cab|e documents governing service provision regulations are in the Low-Income Home Energy
Assistance Act of19Q1 (Title X%V| ef the Omnibus Budget Reconciliation Act of1981, Public Law 97-36),
es amemded�' and the "Uniform Administrative Requirements, Cost Principles and Audit Requirements
for HHS Awards45 C.F.R.,Part 75"(hereinafter referred to as the"Uniform;Guidanice"), If this Agreement
is made with acommercial (for-p,rofit) organization onacost-reimbursement basis, SubredpiemtshaU
be subject to Federal Acquisition Regulations 48 C.F.R. 31.2. Executive Order 12549, Debarment and
Suspension from Eligibility for Financial Assistance (Non-procurement) and the following Federal
Regulations are also applicable under this Agreement�
(1) 45C.F.R. Part 16—Procedures of the Departmental Grant Appeals Board;
(2) 45 C.F.R. Part 30 Claims Collection;
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(3) 45 C.F.R. part DO Nondiscrimination under programs receiving Federal assistance through the
Department of Health and Humain Services, Effectuation of Title VI of the Civil Rights Act of 1964;
(4) 45 [fR. Part 81- Practice and procedure for hearings under Part 8Gmf this Title;
(5) 45 C.F.R.Part 84—Nondiscrimination on the basis of handicap in programs and activities receiving
Federal financial assistance,
(6) 45 C.F.R. Part 86 Nondiscrimination on the bads of sex in education: programs and activities
receiving Federal financial assistance.
(7) 45 C.F.R. Part 87—Equal Treatment for Faith Based Organizations;
(Q) 45,C.F.R. Part 91 Nondiscrimination oin the Basis ofAge in programs oracfivit|msreceiving Federal
Financial Assistance from HHS;
(9) 45C.F.R. Part93 New restrictions on lobbying;
(1O)45 [.F.R. Part 95—General Administration—Grant Programs
(11)45[ER. Part 96- Block Grants;
(13)45 C.F.R. Part 100 — Intergovernmental Review of Department of Health and Human Services
Programs and activities;
(13)J [FR Part ZS—Universal Identifier and System for Award Management;
(14)2 [.F.R. Part 17Q—Reporting Smbamard and Executive Compensation Information;
(1S)2 [.F.R. Part 17S—Award Term for Trafficking imPersons;
(16)2 C.F.R, Part 176—Award Terms for Assistance Agreements that include Funds under the American
Recovery and Reinvestment Act ofZQ&9, Public Laiuv111-5;
(I7) 2C.F.H. Part 18O—OMB Guidelines toAgenciienpn Govern rment-m/ide Debarment and Suspension
(Non Procurement);
(l8) 2 [.F.R. Part 376—Nonpnncmrenment Debarment and Suspension;
(l9)2 [.F.R. Part 382—Requirements for Drug-Free Workplace (Financial Assistamcm); and
(20) 31 U.G�C� 033�35, §6501, and g6503 (see ai|so 31 CFR Part 285 — Rules and Procedures for Efficient
Federal-State Funds Transfers)—Cash Management Vnmp/mvemcntAct,
B. PROJECTS OR PROGRAMS FUNDED |N WHOLE QR PART WITH FEDERAL MONEY
As required by Section 588 of Public Law 1U3-333,when issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or programs funded in whole urin
part w0 Federal money,all Subrecipients receiving Federal funds, including but not limited to State and
local governments and Subrecipients of Federal research graints, shall clearly state:
(1) the percentage of the total costs of the program or project which vvi|h be financed with Federal
money,
(I) the dollar amount nf Federal funds for the project or program,and
(3) the percentage and dollar amount of the total costs ofthe proj�eutor program that will befinanced
by nongovernmental sources.
C. INTEREST FROM CASH ADVANCES
3wbrecipients shall invest cash advances in compliance with 45 [.F.R. § 75.385(b)(8).
D. PROGRAM INCOME
Pursuant to 2 C.F.R. §§ 200.307 and 300.1, Subrecipiemt maiy apply net program income, after costs
incident to the generation of gross program income are deducted, excluding interest income, to meet
matching reqmiirements, or may reprogram it for eligible program activities. The amount of p�rmgram
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income and its disposition must be reported to Commerce at the time of submission of the final close-
out report. Expenditure of program income balances at Agreement end must be approved by
Commerce,
E. B4ONDINIG
(1) Non-Profit Organizations: Subrecipient shall purchase a blanket fidelity bond covering all officers,
employees, and agents of Subrecipient holding a position of trust and authorized to handle funds
received or disbursed under this Agreement. Individual bonds apart from the blanket bond are not
acceptable.The amount of the bond must cover each officer, employee and agent up to an amount
equal to at least one-half of the total LIHEAP agreement amount. Subrecipient shall submit
documentation prior to, execution of this Agreement showing it has purchased a blanket fidelity
bond in, accordance with this paragraph.
(2) Local Governments; Subrecipient shall purchase a fidelity bond in accordance with section 113.07',
F.S. The fidelity bond miust cover all officers, employees, and agents of Subrecipient holding a
position of trust and authorized to handle funds received or disbursed under this Agreement,
Subrecipient shall submit documentation prior to execution of this Agreement showing it has
purchased a fidelity bond in accordance with this paragraph,
F. MONITORING
(1) Commerce shall conduct a full onsite review of Subrecipient at least once during each three-year
period. Subrecipient shall allow Commerce to carry out monitoring, evaluation and technical
assistance, and shall ensure the cooperation of its employees,and of any subcontractors,with whom
Subrecipient contracts to carry out program activities.
(2) Commerce shall provide training and technical assistance,within the limits of staff time and budget
availability, upon request by Subrecipient or determination by Commerce of Subrecipient need.
(3,) Commerce shall conduct follow-up reviews including prompt return visits to S,ubrecipients that fail
to meetthe goals,standards,and requirements established by the State and federal funding agency.
G. OTHER PROVISIONS
(1) Subrecipient shall budget a minimum of twenty-five percent(25%)of the total Agreement fun,dis for
Home Energy Assistance.
(2) Subrecipient shall budget a minimum of two percent (2%) of the total NFA funds awarded for a
program, year for Weather Related/Supply Shortage emergency assistance. These funds must be
held in the Weather R61atecl/Supplly Shortage budget line item category for each NFA until the end
of the corresponding program year, for use in response to a possible disaster.These funds will only
be used during state or federal emergencies declared officially by the President, the Governor, or
the Executive Director of Commerce. In the event of an emergency being officially declared, if
Subrecipient or Commerce finds that two percent (2%) of the Weather Related/Supply Shortage
emergency assistance budget is not sufficient to meet the emergency, Subrecipient may draw from
other budgeted line items, up to fifty percent (50%) of the total NFA budget, without additional
written authorization. When funds are distributed for a weather-related/supply shortage
emergency,Commerce will provide binding directives as to the allowable expenditures of the funds.
After the end of the program year, if no emergency has been declared, Commerce will release the
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corresponding NFA funds and SubredpientvviN allocate these funds tothe crisis or home energy
budget line item. 5ub/ecipient shall comply with these directives or agree that these funds will
rema[n with Commerce.
(3) In addition to,the record keeping, public records, and audit requirements contained in Paragraphs
and19ofthisAgreement, thebmoks' records, anddocumenLsrequ[redunderthis&greementrnunt
also be available for copying and mechanical reproduction on or off the premises of Subrecipient.
(4) If the U.S. Department mfHealth aind Human Services initiates hearing regarding the expenditure
of funds provided under this Agreement, Smbredpient shall cooperate with, and upon Connmercm~s
written request, participate with Commerce in the hearing.
(5) Subrecipient shall maintain records sufficient to allow Commerce to determine compliance with the
requirements and objectives mf Attachment A and aiUother applicable laws and regulations.
4. L*HEAPASSURANCES
Smbrecipient hereby assures and certifies as a oond|dwn of receipt of L|HEAP funds, that it, and its
swbcmntractnrs, shaNcomp|yw/iththeappUcaNereqwiremnemtsmfFedera| and5tate |avvs, /u|ey, regu|odoms'
and guidelines, As part of its acceptance and use of LIHEAP funds, Subrecipient assures and certifies that:
A. Subrecipient possesses the legal authority to administer the program as approved bySwbrmdpient's
governing body, including all assurances contained herein.
B. Subredpient possesses the sound controls and fund accounting procedures necessary to adequately
safeguard the assets of Commerce check the accuracy and reliability of accounting data, promote
operating efficiency and maintain,compliance with prescribed management policies ofCommerce,
C. Subrecipient will permit and cooperate with Federal and State investigations designed to evaluate
compliance with the law.
D�. Sub�redpient will give Commerce, the Auditor General, or any authorized representatives, complete
access to examine all records, books, papers or documents related to all program operations of the
grant, including those of any sub-con1nactor.
E. Subrecipient will comply with all of the Prowis,ions and practices outlined in Cormmerce's most current
LUHEAPPrugram Monitoring Field Manual.
F. Subrecipient will comply with non-discrimination provisions,in accordance with Flmrida S�atutes;Section
G77nfPl. 97-35;Titles 0 and V||of the Civil Rights Act nf1964; and 45[.F.R. Parts Q4, 85 and 90.
G. Smbrecipiemt will comply with section 260�9 of Public Lam 97-35, as amended, which, proNbity use of
L|HEAP funds for purchase or improvement of land, or the purchase, construction, or permanent
improvement ofainy building Vr other facility.
H. This Agreement and all its attachments, are true and correct.
i Subrecipient will prohibit any pmlitica,l activities in accordaince with Section 678F(b) of 47USC9918, as
amended.
J. Adm[nistradon of this program has been approved by Swbredpient's governing body by official action,
and the officer who signs itis duly authorized tn sign this Agreement.
K. Swbredpiemt shall comply with Title X, Part Cof Public Law 103-2J7, Environmental Tobacco Smoke,also
known as the Pro-Children Act of 1994 (Act). This Act requires that smoking not be permitted in any
portion of any indoor fadftV owned nr leased or contracted for by an entity and used routinely or
regularly for the provision of health,day care,education,or library services to,children under the age of
18, if the services are funded by Federal programs either directly or through States or local governments.
Federal programs include grants, cooperative agreements, loans or loan guarantees, and contracts, The
law does not apply to ch[ldreo's services p�rov|ded in private residences, facilities funded solely by
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Medicare or Medicaid funds, and portions of facilities used for inpatient drug and alcohol treatment.
Subre,cipie,nt shall include the above language in any subawards which contain provisions for children's
services and that all subcontractors shall certify compliance accordingly. Failure to comply with the
provisions of this law may result in, the imposition of a civil monetary penalty of up to$1,000 per day.
Subreciplent certifies that it will or will continue to provide a drug-free workplace as set forth by the
regulations implementing the Drug-Free Workplace Act of 1988: 45 C.F,R, part 76, subpart F, Sections
76,630(c) and (d)(2),
-End of Attachment A-2-
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ATTACHMENT A-3
WEATHERIZATION ASSISTANCE PROGRAM
SCOPE OF WORK AND FUNDING SOURCES
1. GENERAL POLICY
Subrecilpient shall comply with the following requiremients, and if applicable, ensure all contracts require
compliance with the following requirements. In carrying out this Agreement, Subrecipient shall provide all
necessary personnel, materials,, services and facilities, except as otherwise provided herein,to carry out the
program. Subrecipient shall designate an individual, referred to by Commerce as the WAP Coordinator,who
will be responsible for ensuring that the following activities are adhered to:
A. Identify and solicit eligible low-income residents within S,ubrecipient's identified service area who have
the need and desire for energy conservation assistance. Subrecipient shall make the services provided
for under this Agreement available to all eligible clients in the counties it serves, subject to the
availability of funds.
B. Subrecipient shall provide weatherization services at an annual average cost per unit (ACPU) for labor,
weatherization materials and related matters,as issued annuallly by DOE. This per unit amount does not
include the Health and Safety annual ACPU' that may also be expended. Commerce will audit the rates
prior to closeout to ensure the Subrecipient does not exceed the ACPUI,
C. Subrecipient shall weatherize dwellings in such a manner that will provide continuous service from the
commencement date to the termination date of the Agreement. All counties must be served with the
allocated dollar amounts listed in the NFA Attachment, Budget Summary and County Allocation. All
funds must be spent timely, in proportion to the progression of months throughout the term of this
Agreement and in accordance with NFA Attachments. IIf, in Commerce's sole,determination,, funds are
not being spent at a proper expenditure rate,or a county is being underserved, Commerce hias the right,
but not the obligation, upon 30 calendar days written notice to Subrecipient, to reduce Subrecipienit's
subawaird and reallocate any or all of the sub-awarded funds to one or more alternative weatherization
providers or specialized contractors. Commerce's exercise of this remedy will not limit any of
Commerce's other available remedies as detailed in section(14), Remedies,of this Agreement,or at law
or in equity.
D. Subrecipient shall provide Commerce with documentation and reports as required by this Agreement,
including, but not limited to, budget balances, as well as any other information related to this programi,
or as may otherwise be specified by Commerce.
E. Subrecipient shall complete work on all dwellings in accordance with the Field Guides, the WAP
Procedures Manual,any Supporting Weatherization Program Notices, and any supplemental Commerce
and DOE guidelines, unless Subrecipient secures written permission from Commerce otherwise.
F, The health and safety of the clients, Subrecipient's staff, contractors, and the integrity of the building
structure shall not be compromised by any work completed with weatherization funds.
G. Subrecipient shall ensure that all installed weatherization materials meet the materials standard's taken
from Appendix A to 10 C.F.R. part 440, be of good quality, and be installed in a safe, cost-effective
manner.
H. Work and materials not meeting quality expectaitions, as determined by Commerce with reference to
10 C.F.R. part 440 and the WAP Procedures Manual, may subject Subrecipient to written findings.
Subrecipient may be required by Commerce to perform re-inspections or "go-backs" on any work
performed by Subrecipient or its contractors which does not meet quality expectations, in Commerce's,
sole discretion,and for which Commerce has issued a finding,the costs incurred for any work performed
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by Subrecipient or its contractors which does not meet quality expectations, in Commerce's sole
discretion, and for which Commerce has issued a finding may be disallowed by Commerce.
I. All Subgrantees must have an active U.S. Federal Contractor Registration Unique Entity Identifier (UEl)
Number when entering a FloriclaCommerce WAP agreement and and maintain an active and current
profile in the System, for Award Management (SAM) (1�!�Aj)s
2. SUBRECIPIENT RESPONSIBILITIES
A. FILE DOCUMENTATION RESPONSIBILITIES
Each client file shall contain the following documentation:
• Client intake form Building Work Report
•• Client income documentation (for Copy of bid package(s), invoices,
receipts, payment vouchers
past twelve months)
(contractor and crew based)
• Pre-1978 dwellings — Certified
• Documentation of ownership or
Renovator Documentation or
signed Landlord Agreement Form
Clearance TesUng
• Sociall Security Documentation (J Copies of any approved waivers
applicable)
• Copy of client photo ID • Copies of applicable Pre and Final
Permits
• Copy of client utility bill Client File Checklist
• Client Selection (Priority) Criteria • RED Calculator printouts
Form
• Ckent complalnts and documented
resolution(Copy of Complaint Appeal Refrigerator Metering record
Procedures Form signed and dated by
client)
• QCI Inspector Sheet (Subgrantee
• Inspection/Audit Data and Results
and Grantee's final inspection form)
• Pre-Work Order Agreement a infrared pictures
• Deferral Information, if applicable 0 State Historic Preservation (SHPO)
Documentation
• Weatherization Readiness Fund
(WRF) Request Form 0 Post-Visit information,
B. RECORDKEEPING
In addition to any recordkeeping requirements set forth in the Agreement, including any attachments
or exhibits thereto and this Scope of Work, Subrecipient agrees to be bound by the recordkeeping
provisions at 10 C,F.R. part 440 and 42 U.S.C. part A, as applicable to Subrecipient. Subrecipient shall
keep such records as DOE requires, including, but not limited to, records which fully disclose the amount
and disposition of the funds received by Subrecipient, the total cost of each weatherization project,the
average costs incurred in weatherizatioln of individual dwelling units, the average size of the dwelling
being weatherized, the average income of households receiving assistance, and any other records as
deemed necessary by DOE or by Commerce in order to fulfill its recordkeeping requirements under 10
C.F.R. part 440. Subrecipient agrees to keep its records in accordance with the 2 C.F.R. part 200, as
adopted and supplemented by 2 C.F.R. part 910.
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C. DETERMINING PRIORITY SERVICE
Subrecipient shall give priority to identifying and providi'ng weatherization assistance to,elderly persons,
persons with disabilities, families with children under I8yeors old, households with a high energy
burden and high residential energy users in their "priority of services" point system. Subrec�p�ientwUd
000n1ima!te with its local Low-income Home Energy Assistance Program (UHEAP) provider to develop a
referral process and targeted number of clients tu serve. A minimum of 1O0 of the clients receiving
oveatherizatimn services through theVVAP are tobe L|HEAP referrals.
D. MONITORING V|S11TS
The Commerce staff and/or its representative shall conduct monitoring visits of Subrecipiemt at least
once a year but asfrequonflyax Commerce may desire throughout the program year. These visits are
for the purposes of technical (quality assurance inspections), programmaTk and fiscal monitoring,
Traini:ng and Technical Assistance (TVA), and other meetings as the need arises.The mmnitmring report
shall include inspection and/mrT&TAinformation.
(1) The monitoring staff regularly inspects units completed bySubrecipient. Ali instaOed materials shall
be cost effective, safe, and of good quality and aippearance. Discoveries of violations of policies and
procedures are called findings.
(2) Work not meeting quality expectations may be subject to findings, required remedial vvmr& and/or
disallowed costs.
(3) All contractor m/orksha|U pass an inspection by qualified Subrecipiemt staff or approved third-party
contractor inspector prior topayment.
(4) Contractor work not meeting quality expectations that re#uirescorrectio�n shall he done at the
cont�ramtur'sexpense.
E. FINDINGS
Any non-compliance with the VVAP Procedures Manual, State P|amu' or any Field Guides constitutes a
finding,as that term is defined in the VVAPProcedures Manual. Major findings are those which are either
severe in nature as determ:ined by the monitoring inspector or are repeated findings. Minor findings are
less severe mr not repetitive in mature.
R0a]mrF|mdinQs� Examples of major findings include, but are not limited to,the following:
(1) The health and safety of clients, SubrccipJem1 staff or cmntractmry, or the integrity of the building
structure is threatened by work completed with the weatherizati:on funds.
(3) Auveatherizatiom-re2ated health or safety problem iscreated by, exacerbated by, or not corrected
bV the delivery ofvveathe6zationservices,
(3) The omission, without appropriate authorization, of required cost-effective measure, a necessary
repair, or required health and safety repair.
(4) PaopquaGtVvvo/k, materials, mr equipment that results in significantly degraded performance or
appearance of measures orrepa[m.
(5�) Major expenditure of funds on measures that are not included on the National Energy Audit Tmm1
(NEAT), Manufactured Home Energy Audit (MHEA),WAP Procedures Manual, or the Field Guides.
(6) Costs incurred for materials that do not meet the standards for conformance listed in Appendix A of
10[F.R. part44Q.
(7) Any action or lack ofaction that may result in a |iabifty that threatens the Florida VVeatherizatimn
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Grant funds.
(8) Gross fiscal mismanagement, including any unallowable costs or any wroingful billing to the grant.
Minor Findings: Examples of minor findings include, but are not limited to,the following:
(1) A single occurrence of poor-quality of work, materials, or equipment that results in minor
degradation of performance or appearance of measures orrepairs.
(2) Work site clean-up that does not meet the satisfaction of the client or the State monitor.
(3) Required energy conservation measures that are not installed but would not contribute a, large
energy savings.
(4) Required health and safety measures that are not addressed but are not threatening the health or
safety of the client.
F. TRAINING&TECHNICAL ASSISTANCE VISITS(T&TA)
T&TAvisits conducted by Commerce staff and its representatives are intended for training purposes.
Recommendations for Subredpient actions may be issued by Commerce based on circumstances
observed and guidance will be offered*n the visit report provided toSubrecipient.
The Subrecipient is required to submit the 5tateT&TA Planning and Reporting Form within the fourth
quarter of the program year, outlining the training plans for the upcoming year and reporting on
previous training activities,
G. COMMERCE FIELD PROCEDURES WAIVERS
Subrecipient may request waivers which exemoptSubreripient from perfurmim8 u required measure' or
which a]|ovva restricted measure, if one or more of the following requirements are met:
(1) If itistechnically not possible to, install the measures.
(2) If conditions exist,and cannot be overcome,that would make the installation of the measure unisafe.
(3) The installation of the measure waul'd threaten the health or safety of either the client or the worker.
State waivers shall be granted by Commerce on a case-by-case basis and shall be in writing.
Subrecipients who are unable to provide services according to the WAP Procedures Manual,or the Field
Guides baomwss of local building codes shall supply written documentation to Commerce staiffomd
request m State waiver. Work shall proceed only after approval of a waiver request in writing by
Commerce staff.
(1) The State waivers permit the foy|ovvim8 policy exceptions: Fuel conversions.
(2) installation ofdoors and/or windows exceeding allowable amount.
(]) Other work normally considered beyond the scope ofweatherization.
3. PROJECT SELECTION, ENERGY AUDITS AND FINAL INSPECTIONS
A. Subrecipient shall use properly trained and qwa,|ifigd energy auditors and inspectors.
B. An Energy Audit is required on every building prior to performing any work other than emergency
response related work. Contractors shall strictly adhere to the work order developed by the auditor, No
deviations from this work order shall be performed, unless authorized by the energy auditor or
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C. Swbredpient's Quality Control Inspector shall ensure that all measures required by the Field Guides,
Commerce issued policies, and the VVAP Procedures Manual! have been installed, and that the work
quality meets the standards required by the VVAP Field Guides.
D. Each completed project shall be inspected, and the inspection shall be documented im the client file. No
project shall be reported as completed until all vveatherization materials have been, installed and
Subredpienthas performed a final quality control inspection, i:including any mechanical or subcontractor
work performed.
E. All installed vveatherizatiom materials shall meet the materials standards as detailed in,Appendix Amf1O
C.F.R. pert 440, shall beoYgood quality, and shall be installed in a safe and effective nmamnur.
F. PROJECT SELECTION
(1) Projects should be prioritized inaccmrdaince with Commerce policy. Addit|mnaHy'Subrecipientshould
prioritize projects based ow
(a) owner participation;
(b) potential energy savings based on utility bill analysis;
(c) assurance that benefits will be direct to unit occupants; and
(d) service to all regions within the designated service territory. service To all areas of the service
area.
(2) Subrecipient shall receive a signed land'lord-tenant mr owner agreement before work begins on any
individual dwelling unit. This document must he retained as part ufthe project file.
Gi. ENERGY AUDIT
Prior to performing an energy audit, Subrecipient's auditor shall conduct a walk-th rough of the unit to
confirm the potential for the instaHation of energy conservation measures and to ensure that there are
no major barriers to working in the bui|ding.
The primary objectives of the energy audit are to survey the home for the potential to install energy
conservation measures,to analyze the Savings to Investment Ratio (SIR)of potential measures,to check
for safety hazards and building durability issues,to provide client education,todocument the audit, and
to write a work order detailing work to be done and situations that need to be addressed.Understanding
energy use ix key to performing an exemplary aiudiL
The energy audit shall include the following information:
(1) An assessment ofhealth and saheq/hazards.
(J) Documentation, including, but not limited to, the type of energy audit tool used and the results of
the audit analysis.
(3) An assessment and record op the existing conditions ofthe building and its mechanical systems.
(4) An evaluation of the existing conditions for energy conservation opportunities and energy-reiated
health and safety problems.
(5) A strategy for improved energy efficiency and for correcting energy-related health and safety
problems.
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The energy audit shall also, include evaluations of all of the following, per the WAP Procedures Manual
and the WAP Field Guides:
(1) Com,bustion safety testing.
(2) Air leakage analysis.
(3) Combustion efficiency determination.
(4) Thermal performance analysis.
(5) Electrical safety testing.
(6) Electric base-load testing.
(7) Indoor air quality aind moisture inspection,
Subrecipient shall provide all clients with information regarding all of the following:
(1) The weatherization process.
(2) Reducing heating and cooling costs.
(3) Water conservation and water heating.
(4) Staying cool during hot weather.
(5) Lead-based paint notification.
(6) Mold and mildew notification.
(7) Other energy-saving suggestions.
(8) Radon guidance.
H. FINAL/QUALITY CONTROL INSPECTION! RESPONSIBILITIES
Subrecipient shall be responsible for the following quality control inspection responsibilities:
(1) Energy and Conservation Inspection
(a) Review the original energy audit form.
(b) Ensure all required procedures were performed.
(c) Verify the accuracy of the audit, including measures that may have been 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.
(e) Call for corrective actions where initial work does not meet standards.
(2) Health and Safety Inspection
(a) Verify that all work was completed to address related health and safety issues,
(b,) Call for corrective actions where initial work does not meet standards.
(3) File Review and Completion
(a) Review all required forms for accuracy and completion.
(b) Document required go-backs or follow-up work.
(c) Sign and date a quality control inspection form assuring that ail requirements have been verified.
(d) A job is complete only after all work installed by Subrecipient or its authorized representative
has been completed and has passed the quality control inspection.
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4. |NSTALLAT[>NIOF MEASURES
VVeatherizatimn measures serve all of the four following purposen�
A. Conserve energy.
B. Reduce energy bills.
C. Protect residents from energy-related hazards.
D. Protect building from damage caused by fire or moisture.
SwbredpientshaU be respmnsib|ehmr imstaOim8m/eatherization measures per the VVAP Procedures Manual,
the Field Guides and applicable local, State, and Federal code.
S. COST LIMITS FOR MATE R|ALS/LABOR/PROGRAM SUPPORT,AND AD�M|N
A. During the program year, if Commerce determimes that the average cost per unit(ACPU)will exceed the
maximum allowable annual A[PU' additional cmsL restrictions may be imposed, implementation of
these limits will be based on data gathered by the State regarding actual cost averages and may be
imposed on one or all Subrecipients' as needed. The Commerce Contract Manager will notify
Subrecip�iemt of the cost restrictions to be implemented and proced�ures for implementing the
restrictions. Upon receipt of such notification, Subrecipiemt will be required to implement this
procedure for all dwelling units for which materials have not been ordered or for which a job,order has
not been issued komcumtrac1mr.
B. Failure bySmbrecipient1oexpend all program funding by the end of the Agreement period may result Un
it being placed in a probationary status for future VVAP agreements,
(L HEALTH AND SAFETY
VVeathedzadimn services shall he provided in a manner that minimizes risks to workers, clients, and clients'
homes. VVeatherization services shall not begin until health and safety problems aire removed. Subrecipient
shall oomp|ywith and enforce the VVAPSafety Plan.
7. ACCEPTANCE CRITERIA
Commerce shall evaluate vveatherization projects through review mfSubrecipient submitted reports. To
receive a reimbursement for a production period(a production period spans the first day ofa month through
the last day of the month),S,ubrecipient shall submit an electronic copy of each Building Work Report(BWR)
package, Quality Control Inspection (Ll0) Fornn, copies of the Audit Measures, along with the MmnthfV
Financial Activity to Commerce through the current electronic financial management system bythe 21"day
of the fm||uvuinA month. The Monthly Financial Activity shall include on-schedule completion of production
goals.
If work is behind schedule, Subrecipientsha|l immediately begin implementation of a plan to bring work mp
to schedule.
9 PAYMENT AND DELIVERABLES
Subrecipient will be ro|nmhwrocd monthly for expenditures reported in its Monthly Financial Activity as
described in section IZ, Reports, mf this Attachment. Reimbursement will be made byCommerce, upon
Cmmnmerce's finding that the Deliverable has been successfu||yconmp|eted. Subroc|piemt shall perform the
following deliverables:
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Deliverable I Minimum Level Performance
Certification that Subrecipient operated during At a minimum,Subrecipient shall have its
its regular business hours as identified in the office open for business,with the entrance,
Warranties and Representations Section of this door open to the public, and at least one
Agreement,to include expenses for employee on-site Monday through Friday
Administration [Administration costs not to during the hours of 9:00 AM and 5:00 PM,
exceed 5%of total award amount], Program
Support,Technical and Training Assistance,
Single Audit,and Liability Insurance.
Deliverable 2 Minimum Level Performance
Complete weaitherization of dwellings with At a minimum, Subrecipient shall complete
energy saving repairs and installation of energy one(1)weatherized dwelling supported by a
saving measures to qualified low-income Building Work Report (BWR) as identified in
persons and to aclm nister the program. section 12, Reports, of this Attachment.
A. The Deliverables shall be reported monthily on Subrecipient's Monthly Financial Activity as described in
section 12, Reports, of this Attachment.
B. Successful completion of the Deliveira,bles shiaill be determined by receipt of Subrecipient's Monthly
Financial Activity containing the certification required in Section 21., Warranties and Representations,
of this Agreement.
9. FINANCIAL CONSEQUENCES
A. If Subrecipient provides services to any client more than 180 days after the client's household income
has,been verified without recertification of the client's income eligibility, Subrecipient shall be assessed
a:financial consequence in the amount of 1%of the total amount of weatherization services provided to
the ineligible cllient's dwelling unit.
B. Commerce shall not reimburse any expenditures associated with Deliverables not accepted by
Commerce as successfully completed; however, this does not preclude Subrecipient from receiving
payment for such expenditures upon successful completion of the Deliverable.
C. If Subrecipient fails to be open, and available, for services according to its regular business hours as
identified in Section L of this Attachment, outside of weekends and State holidays, Subrecipient shall
pay to Commerce financial consequences in the amount of $10,00 per day that Subrecipient failied to
operate according to its regular business hours, up to a maximum of $100.00, for such failure, unless
Commerce in its sole discretion waives such failure in writing based upon, its determination that the
failure was due to factors beyond the control of Subrecipient.
D. Any amounts due under this Financial Consequences section shall be paid by Subrecipient out of non-
Federal funds.
E. FloridaCommerce retains the right to allow for reallocation of funds to Subgrantees and across budget
categories using the same formula as originially proposed or any other funding plan that meets the needs
of targeted Florida citizens. This can be done without holding additional public hearings. Active
management and reallocation allow the grant to be fully expended during the budget period.
FloridaCommerce,at its discretion, may reallocate funding to an agency or agencies that demonstrate a
high number of weatherized dwellings, burn rates and expenditures.
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1CL EQUIPMENT INVENTORY
Smbrecipiemt sboU submit yearly, awvrittem inventory ofall equipment acquired in whole or in part with
weatherizadon funds to Comnrmerce"s Contract KHanager for this Agreement, Subredpiemtsha1| maintain an
equipment inventory in a manner that will provide an audit trail,traceable from purchase to present usage.
"Equipment" means tangible personal property (including information technology systems) having useful
life of more than one (1) year and a per-unit acquisition cost which equals or exceeds $1,000.
11. REFFERALS
Subrecipient shall partner with non-profit organizations or municipalities that provide rehabilitation,
emergency home repair, administer Neighborhood Stabilization Program, or are participating in m Green,
and Healthy Home Initiative to facilitate the receipt wfactive referrals of qualified units in orderteacNeve
goals of serving the low-income population.
12. REPORTS
Subredpient shall submit the following reports tm Commerce as specified below.
A. ANNUAL REPORTS
IRS Form L990: 5ubrecip�ent verifies that if5mhrecipiemtis below the S75O,OQ0 threshold for all Federal
awards in its fiscal year, is a non-prwfit entity, and is exempt from the Federal single audit act
requirements, then Swhrmdpimmt has submitted a copy of its most recent IRS form 990 with its
Agreement proposal.
B. MONTHLY REPORTS
TheVVAP Financial Activity must be provided to Commerce no later than the 21't day mfeach month
following the end of the reporting month in which fmnds were expended. Subredpiemt shall submit the
report regardless of whether funds were expended. Reimbursement of expenditures shall be based on
this report.Only with prior approva I by Commerce with more than one reimbursement be processed for
any calendar month. Subrocipiemt must submit the Financial Activity in Commerce's current electronic
finaincial management system., In the event the twenty-first day of the month falls on a weekend day or
holiday, the Monthly Financial Activity shall be due on the next business day. The Monthly Financial
Activity must be signed and dated.
(1) Each k0mmth|y Financial Activity shall contain the following information:
(a) An iternized list of expenditures that occurred during the reporting month;
(b) The amount of reimbursement requested;
(o) The number of dwellings weatherized;
(d) An attestation, signed by authorized signatory, that the Subredpient was open and operating
during�ts reported business hours;
(e) An attestation, signed by an authorized siQmatory' that payment claimed was for actual costs
expended by the Subrecipient and its subcontractors, and properly applied to services provided
under this Agreement; and
(f) Invoices supporting the work completed mn each weatherized unit.
(g) All other supporting documentation requested by FloridaCommerce
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(Z) Each cormp|eted dm/eDing reported will have m Building Work Report package consisting of a
cwmp|ete&
(a) Building Work Report (QWM);
(b) Client Intake Form;
(c) Quality Control Inspection (QCI) Report; and
(d) Audilit Measure Report
(3) Commerce shall review each Financial Activity for compliance with the requirements as stated in
this Attachment.
C. SEMI ANNUAL SUCCESS AND LEVERAGE REPORTS
Semi Annual Success Reports are due to Commerce on or before March 21 and September 21 of each
program year. In the event that the 211t day mfeither month falls on a weekend dayo�r holiday, the
reports shall be due no later than the next business day.
(1) On the Success Reports, Subrodpient shall prmvide� a) copies of thank-you correspondences from
clients who received vueatherization services; b) information on any events Smbrecipient
participated in that promoted the VVAP locally; and c) any milestone reached hy5ubrecipientthat
relates to the VVAP.
O. MONITORING
At a minimum,Commerce,mr its authorized representative,will conduct one(1)on-site monitoring visit
to Subrecipient during the Agreement period.This monitoring visit will address Subrecipient's fiscal and
programmatic administration of the VVAP. In addition, a minimum of five percent (5%) of the total
number ofdwellings projected to be, weatherized during the Agreement period uviU be inspected. An
additional five percent(5,%) of dwelhings will be inspected if Subrecipien,t has implemented the Level#2,
Independent Auditor/Quality Control Inspection process.
E. MONITORING REPORT
Within 30 calendar days after the completion of the monitoring visit, Commerce will issue a monitoring
report outlining the results and any corrective actions required tobe implemented by6ubrec}piemtfor
any non'cennpUamce issues discovered during this visit. |ouueu maybe classified as a ma�or mrminor
findingmrammbsematimn.Amajmrfimdingisa noncompliance issuethmtisof significant concern.Anninmr
finding is a noncompliance issue that is of secondary concern,such as a small file omission. Observations
are to assist with compliance ofprogram requirements, to enhance or improve service mrtoshare best
practices.
F. MONITORING REPORT RESPONSES
SubredpiemL sha8 provide a written response to Commerce for all monitoring report findings or
observations no Iater than 3,Q calendar days from,the date of the original monitoring report. Commerce
shall nmtify5obreoipient of the due date for any subsequent monitoring report responses as may be
required. if the 30"' day falls on a weekend day or holiday, the response to the original report shall be
due on the next business day. 5ubrecipiemt may request ain extension in writing for[mmnnorce~s review
and approval.
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G. COST ALLOCATION PLAN AND INDIRECT COST RATE PROPOSAL
Subrecipient is required to have written financial management systems procedures for determining the
reasonableness, allocability, and allowability of costs in accordance with the provisions of the cost
principles and terms and conditions of the award. Subrecipient may utilize one of the following options:
(1) Cost Allocation Plan: Per 2 C.F.R. 200.415, to document this, Subrecipient must submit copies of its
written Cost Allocation Plan to Commerce with this Agreement.
(2) indirect Cost Rate Proposal: Per 2 C.F.R. 200.414, this is the amount charged through indirect cost
a Ilocation plans approved by Subrecipient's cognizant Federal agency,the rate negotiated between
Commerce and Subrecipient (in compliance with 2 C.F.R. part 200), or the 10% de minimis rate as
applied to Modified Total Direct Cost as allowed by the Uniform Guidance. If Subrecipient chooses
to use the de minima's rate, Subrecipient shall make sure it is entitled to use that rate and include a
statement to,that effect.
H. CLOSE-OUT REPORT
The WAP Close-Out Report is due 30 calendar days after termination of the Agreement or 30 calendar
days after completion of the activities contained in the Agreement, whichever occurs first. If the 30'i'
calendar day falls on a weekend day or holiday, the Close-Out Report shall be due on the next business
day. Subrecipient shall submit original signed documents to Commerce that include, at a minimum, the
WAP Close-out Financial Status Report (FSR), the Close-out Summary form, the Close-out Equipment
Inventory form, a refund check for any unspent funds, if applicable, and a refund check for any interest
earned on advances, if applicable.
I. OTHER REPORTS
Upon reasonable notice, Subrecipient shall provide such additional program updates, reports, and
information as may be required by Commerce, including supporting or source documentation for any
reports identified above in this Attachment.
J. SUBMISSION
Unless otherwise noted, reports shall be submitted to Commerce designated Contract Manager as
assigned by Commerce and delivered by standard mail or electronic mail using the contact information
provided in Paragraph 16 of this Agreement. Failure to submit reports by the required due date, may
result in the withholding of any pending or future payments until the reports are received.
13. PROGRAM STATUTES AND REGULATIONS
Subrecipient shall be governed Iby applicable laws and rules, including but not limited to::
A. Pub. L.94-385, Part A,Title IV("Energy Conservation and Production Act of 1976");the Omnibus Budget
Reconciliation Act of 1981,Title XXVI of Pub. L.97-3S(Low-income Home Energy Assistance Act of 1981);
Title 11, Part 2, of the National Energy Conservation Policy Act of 1978 (Pub. L. 96-619); Title V, Subtitle
E, of the Energy Security Act of 1981 (Pub. L. 96,- 294),- and chapter 409, F.S.; 2 C.F.R § 175.15(b), as it
relates to 22 U.S.0 7104(Prevention of trafficking); Florida Chief Financial Officer Memorandum No. 04-
Q5i Federal Central Contractor Registration (http://www.ccr.gov/);Schedule of Expenditures of Federal
Awards (http:ZZwww.myfloridaacfo.comZaadir/statewide financial reporting/financing.htm)
B. All Federal statutes relating to nondiscrimination including but not limited to:
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(1) Title VI of the Civil Rights Act of 1964(Pub. L. 88-352) which prohibits discrimination on the basis of
race, coUmrmrnadoma| origin;
(2) Title IX of the Education Amendments mf1872, as amended (JOU.S,.[. 1681'1683, and I685-I686),
which prohibits discrimination on the basis of sex
(3) Section 504 of the Rehabilitation Act of 1973, as amended (29 Ul.SZ. 794), which prohibits
discrimination on the basis ofhandicaps;
(4) The Age Discrimination Act of 1975, as amended (43 U.S.C, 61011- 6107), which prohibits
discrimination un the basis ofage;
(S) The Drug Abuse Office and' Treatment Act of 1972 (Pub. L. 93- 255), as amended, relating to
nondiscrimination om the basis of drug abuse;
(6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
19701 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism;
(7) Subsections 523 and!5Z7of the Public Health, Service Act mf19�13 (42U.SI. 29Udd'3 and 29Qee-3),
as amended, relating ta confidentiality of alcohol and drug abuse patient reomrd�
(8) Title NN of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing ofhousing; and
(9) The requirements of any other nondiscrimination statute(s)which may appIy to the Weatherization
Assistance Program,
(10)lhe Americans with Disabilities Act of1998, Public Law 1O1-33G (42 U.S.C. Sections I3,101throu8h
13213).
C. Executive Order 1l34G, entitled "Equal Employment Opportmnity"' auamended by Executive Order
11375, and as supplemented im Department of Labor Regulations(4IC.F.R. part 6O).
ID. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act as amended (42
U.S.C. 1857etseqJ and the Federal Water Pollution Control Act as amended (330.S.C. 835letse4.).
E. Subrecipient will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S,C. 4081 et seq.)
which prohibits the use of|eadl-based paint in construction mrrehabilitation of residence structures.
F. Subrecipient will assist in assuring compliance with Section 106 of the National Historic Preservation Act
uf1966'as amended (16U.SI.47O)' 6811593(identification and protection of historic pnnpertims),and
the Archaeological and Historic Preservation Act of1974 (16U.S.C.469a'1mtneq.)
G. Subrecipient shall screen applicants for program eligibility under 1986 Immigration and Nationality Act,
as currently amended.
N. Subrecipients which procure $10,000mr more of insulation products annually are required to put into
effect an affirmative procurement program to insure the purchase of insulation products composed of
the highest percentage of recmverabUe materials practicable, taking into consideration competition,
avaHability,technical performance and cost in accordance with Section 600,2 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act of 1976, and guidelines promiulgated
by the Environmental Protection Agency.
L All applicable Federal rules, regulations and guidelines as they relate to the application,acceptance,and
use of Federal funds under this Agreement.
J'. Other applicable Federal and State laws, rules, regulations and guidelines.
K. Subrecipient certifies that neither its organization nor any member of the staff is debarred or suspended
or is otherwise excluded from or ineligible for participation in Federal assistance programs under 2 C�F.R.
§ 901.10, "Debarment and Suapension." Smbredpiemt may not make any contract to a debarred or
suspended party. A current listing of such parties is maintained by Commerce for review.
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L. PROJECTS OR PROGRAMS FUNDED IN,WHOLE OR PART WITH FEDERAL MONEY
As required by Section 508 of Public Law 103-333, when issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or programs funded in whole or in
part with Federal money,all grantees receiving Federal funds,including but not limited to State and local
governments and Subrecipients of Federal research grants, shall clearly state:!
(1) the percentage of the total costs of the program or project which will be financed with Federal
money,
(2) the dollar amount of Federal funds for the project or program, and
(3,) percentage and dollar amount of the total costs of the project or program that will be financed by
nongovernmental sources.
M. INTEREST FROM CASH ADVANCES
Subrecipients shall invest cash advances in compliance 2 C.F.R. § 200.305(b)(8). Subrecipients
shall maintain advances of Federal funds, in interest-bearing accounts unless one of the following
conditions applies:
NON-PROFITS ONLY
(1) Subrecipient or contractor receives less than $120,000 in total Federal awards per year.
(2) The best reasonably available interest-bearing account would not be expected to earn interest in
excess of$500 per year on all Federal cash balances.
(3), The depository would require an average or minimum balance so high that it would not be feasible
within the expected Federal and non-Federal cash resource. Interest earned off cash advances shall
be reflected on the monthly Financial Activity and the close-out report.
LOCAL GOVERNMENTS ONLY
Except for interest earned on advance of funds exempt under the inter-governmental) Cooperation
Action (31 U.S.0 6501 et. seq.) and the Indian Self-Determination Act (23 U.S.C. 450), Subrecipients shall
promptly,but at least quarterly,remit interest earned on advances to Commerce.Subrecipient may keep
interest amounts up to $500 per year for administrative expenses. Except as provided for advance
payments, Subrecipient may temporarily invest grant funds, but any interest income shall either be
returned to Commerce or be applied against Commerce's obligation to pay the Agreement amount. Any
interest income earned by the temporary investment of these grant funds that is not applied against
Commerce's obligation to pay shall be returned to Commerce at the time of submission of the final close-
out report.
N. PROGRAM INCOME
Pursuant to 2 U.R. § 200,307 and 2001, Subrecipient may apply net program income, after costs
incident to the generation of gross program income are deducted, excluding interest income, to meet
matching requirements, or may repurpose for eligible program activities. The amount of program
income and its disposition must be reported to Commerce at the time of submission of the final close-
out report. Expenditure of program: income balances at Agreement end must be approved by
Commerce.
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0. APPEALSSYSTEM
Applicants have the right toappeal the decisions mf the Administering Agency.
* An appeal must be submitted in writing within fifteen (15) calendar days of the completion of work
or receipt of a decision in writing. An explanation should be provided detailing the nature of the
specific complaint, or the prmNenm with the work performed and why you beUieve it is not
satisfactory. The appeal should be mailed to the attention of the VVea1herizatium Program
Director/Coordinator.
• The VVeatherizatimn Program 0rmctor/Cnordinatnrw|U review your appeal and provide a written
response via certified mail within fifteen (15) cahenclordays,
� If the Sybrecipientdoes not accept the above response, an appeal may be made to the Chief
Operations Off icer(CO�}) in writing sent to the same address above within fifteen (15)calendar days
of receiving the response.
� The COO will review the appeal and provide a written response via certified mnai|withim fifteen (15)
calendar days,
* |f the, Subrecipiemt does not accept the above response, an appeal to the Chief Executive Officer
(CEO) may be made, in writing, and sent to the same address above within fifteen (15)calendar days
of receiving the response.
m The CEO will review the appeal and provide a written response via certified mail within fifteen (15)
calendar days.
• If the Subrecipient does not accept the above response, then an a ppeal may be made to the Board
of Directors inwriting sent to the same address above within fifteen (15,) calendar days of receiving
therespo�nne.
* The Board of Directors ordesignated Board Committee (the Board) vviU review the appeal and
provide a written response via certified mail. The decision of the Board is the final outcome of the
appeal.
Sample format:
SUBRECUPUENT APPEALS SYSTEM
hn the event wfanappeal,the appeal shall first be heard bVth
(Title ofPosition).
Should the first designated party be unable to resoive the difficulty,the second compiaint/appeal will
be heard by:
(Title mfPosition).
Should the second level comp|aint/appea1 be unable tm resolve the difficulty,the final hearing will be
held
�� ��
���� ~— vQ_e_^~~ oz_,, (Committee or Full Board)'
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P. COMPLAINTS AND DISPUTE RESOLUTION
Subrecipients have the responsibility to resolve all client complaints, including applicant denials, project
deferrals, and work quality issues.
All complaints received by Commerce will be referred to Subrecipient. Subrecipient must have a written
appeals system that is:
adopted by the Board of Directors;
formatted' as a Subrecipient handout;
posted in the client intake area of Subrecipient's agency; and
provided to those applying for weatherization services,
P. LIABILITY INSURANCE
Pursuant to 2 C.F.R. § 440.18 (d)(10), Subrecipient and Subrecipient's contractors are required to have
sufficient liability insurance coverage for performing weatherization-funded activities. In addition
Subrecipients must have Pollution Occurrence Insurance (POI), whether included, added to, or a
separate general liability insurance policy. Costs may be charged as a separate line item on the Financial
Activity.
Subrecipients must ensure that each contractor is adequately covered by Subrecipient's policy.
Documentation to substantiate all insurance coverage will be reviewed during monitoring visits. Failure
to have adequate insurance coverage may result in all reimbursement requests being withheld until
compliance is met. Only those contractors who have been trained on Lead Safe Weatherization
techniques and have POI (or are under Subrecipient's policy) may work on pre-1978 dwellings that
Subrecipient has confirmed have lead paint that will be disturbed through weatherizatio,n activities.
Q, PROGRAMMATIC CHANGES
Subrecipient will follow the procedures and guidelines provided in the latest version of the WAP
Procedures Manual. Programmatic and guideline changes during an agreement period may be provided
to Subrecipient through a State Weatherization Program Notice and are to be considered as updates
and become effective upon the date indicated on the Program Notice. The State Program Notice will be
sent to Subrecipient's Agreement Manager, Subrecipient agrees to be bound by aill currently effective
State Weatherization Program Notices previously issued by Commerce.
R. MONITORING
(1) Commerce shall conduct a full ons,ite review of Subrecipient at least once during the Agreement
period. Subrecipient shall allow Commerce to carry out monitoring, evaluation, and technical
assistance, and shall ensure the cooperation of its employees, and of any contractors with whom
Subrecipient contracts to carry out program activities,
(2) Commerce shall provide training and technical assistance,within the limits of staff time and budget
availability, upon request by Subrecipient or determination by Commerce of Subrecipient need,
(3) Commerce shall conduct follow-up reviews including prompt return visits to Subrecipients that fail
to meetthe goals,standards,and requirements established bytheState and Federal fundingagency,
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S. OTHER PROVISIONS
(1) In addition to all other /ecmrd keeping, public records, and audit requirements set forth in this
Agreement, Swbredpiemt shall make available all books, records, and documents required to be
maintained under this Agreement available for copying and mechanical reproduction on or off
Submeclphent~sprem|ses.
(2) If the U.9. Department of Health and Human Services or DOE initiates o hearing regarding the
expenditure of funds provided under this Agreement, Subredpiend shall cooperate with, and upon
[ommerre'svvritten request, participate with [mnnmoncm in:the hearing.
14. \NAPASSURANCES
Subnacipiemt hereby assures and certifies as m condition of receipt of Agreement funding, that it, and its
contractors,will comply with the applicable requirements uf Federal and State |avwu^ rules, regulations, and
guidelines.As part of its acceptance and use of Agreement funding, Subrecipient assures and certifies that:
A. Subrmc|piemt possesses the legal authority to administer the program as approved bySmbredpient's
governing body, including all assurances contained herein.
B,. Subrecipiemt possesses the sound mmntrmband fund accounting procedures necessary to adequately
safeguard its assets, check the accuracy and reliability of accounting data, promote operating efficiency
and maintain compliance with [mmmerce~s prescribed management policies.
C. SwbredpUent will permit and cooperate with Federal and State investigations designed to evaluate
compliance with the |mvv.
D. Swbrecipient will give Commerce, the Auditor General, or any authorized representatives, complete
access to examine all records, books, papers, or documents related to all program operations of the
Agreement, including those of any contractors.
E. S,ubrecip|ent will comply with all of the provisions and practices outlined in Commeroe'o most
current monitoring manual.
F. Subredpient verifies that its application and all its attachments, including budget data, are true and
correct.
G. Guh/ecipiemtagrees to comply with Public Law 103-227' Part C' Environmental Tobacco Smoke, also
known as the Pro-Children Act of 19,94 (Act). This Act requires that smoking not be permitted in any
portion mfany indoor facility owned or leased or contracted for by an entity and used routinely or
regularly for the provision of health, day care, education, or library se,rvices to children under the age of
18, if the services are funded byFederal programs either directly or through States or local governments.
Federal programs include grants, cooperative agreements, loans or |oem guarantees, and contracts,
5ubredpiemt further agrees that the above language will be included in any subawardsvvhich contain
provisions for cN|dren's services and that Smbrecipiem1 shall certify compliance accordimg|y. Failure to
comply with the provisions of this |avv may result in the imposition of civil monetary penalty efup to
$1,O8O per day.
H. 6mbredpient certifies that it will or will continue to provide a drug-free workplace as set forth by the
regulations implementing the Drug-Free Workplace Act of19Q8: and 2 [fR. part9QZ.
U. Subremipiemt'm contractors must maintain valid licenses that comply with all State and local Iawo,
ordinances, and regulations,. Each contractor shall be appropriately licensed to cover each activity it is
performing pursuant Lo this Agreement. Subrecipieot shall maintain copies of all cont�ractnr licenses
(currentforthe program year when the work is performed),as well as a copyof each contractor's liability
insurance policy.
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J. To the maximum extent practicable, the use of services provided under this Agreement shall be
coordinated with other Federal, State, local, or privately funded programs in order to improve energy
efficiency and to conserve energy.
K, Sub,recipient will permit attendance by Commerce's representatives at any meetings of Subrecipient's
Board of Directors, executive committee, or legislative body.
-End of Attachment A-3-
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ATTACHMENT B
CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION
Prior to issuing subawards or subcontracts under this Agreement, Subrecipient shall consult the System for
Award Management (SAM) to ensure that organizations under funding consideratioln are not ineligible.The list
is available on the Web at https://www,sami.gov,
If the Subrecipient will issue subawards or subcontracts under this Agreement,the Subrecipient shall complete
the following information for each subcontractor:
A. The prospective subcontractor of Subrecipient, rtifies, by submission of this
document, that neither it nor its principals is presently debarred, suspe ded, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department
or agency,
B. Where Subrecipiient's subcontractor is unablle to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR: SUBRECIPIIENT:
ub am� k I WM )oe, e--x5ueA . —
(Subcontractor Name) (Subrecipient's Name)
(Signature of Subcontractor Designee) Commerce Agreement Number
Name &Title
(Subcontractor Street Address)
(Subcontractor City, State,Zip)
Date of Signature
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ATTACHMENT C
JUSTIFICATION OF ADVANCE PAYMENT
SUBRECIPIENT: K�)C-SO e- _P�(, AGREEMENT: C-- 2-01 -Z-
Any advance payment under this Agreement is subject to section 216.181 (16)(a)(b), F.S., and Paragraph (5) of
this Agreement. The Subrecipient shall invest cash advances in comipliance with section, 200.449 of the OMB
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and
Attachment B, Section E of this Agreement. Check the applicable box below(check only one),
IxNO ADVANCE REQUESTED ADVANCE REQUESTED Program:
QCSBG,LIHEAP,or WAFT
No advance payment is being Advance payment of is requested.
requested. Payment will be made Balance of payments will be made on a reimbursement basis.
solely on a reimbursement basis. No These funds are needed to pay staff,award benefits to clients,
additional information is required. duplicate forms and purchase start-up supplies and equipment.
We wound not be able to operate the program without this
advance.
ADVANCE REQUEST WORKSHEET If an advance is requested, complete the following worksheet by
filling in the highlighted cells below,
(A) (B) (C) (D')
DESCRIPTION Funding from Funding from Funding from
Three Years, Two Years Total
Ago Ago Previous Year
I TOTAL SUBGRANT ALLOCATION
(includes any base increases and
carryforward dollars)
2 FIRST TWO MONTHS OF GRANT
EXPENDITURES'
AVERAGE PERCENT EXPENDED IN
3 FIRST TWO MONTHS(Divide line 2 by
line 1)
I The expenses for the first two months in which expenditures were reported need to be provided for the years you received
funding. if you do not have this informaUcin,call your Commerce contract manager for assistance,
The Subrecipient may request an amount up to the historical percent of expenditures for the first 2 months of
the Agreement OR 17%of the award,whichever is less,
HISTORICAL PERCENT FOR FIRST 2
MONTHS: x
Cell D3 Program Award Historical Advance
17%CALCULATION: x 0.17
Program Award Percent of Award Maximum Advance
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ATTACHMENT D
PROPERTY MANAGEMENT AND PROCUREMENT
Subrecipient shall comply, at a minimum, with the property management and procurement standards for
property as defined in 2 C.F.R„ 200.1, 2 C.F.R. part 200, 10 C.F.R. part 600, 45 C.F.R. 75.320, Equipment, and 45
C.F.R. 75.321 as applicable.
1. All property purchased, in whole or in part,with funds from this Agreement must Ibe listed on the property
records of Subrecipient. Said listing must include a description, of the property, a serial number or other
identification number, the funding source of the property, who holds title, the acquisition date, and cost
of the property, percentage of Federal participation in the cost of the property, the location, use, aind
condition of the property, and any transfer, replacement or ultimate disposition data including the date of
disposal and sale price of the property, if applicable.
2. Subrecipient must take a physical inventory of the property acquired, in whole or in part,with funds from
this Agreement, reconcile the results of the inventory with the property records,and submit to Commerce,
a written property inventory list and reconciliation report, at least once a program year.Additionally, such
a list and report must be submitted to Commerce upon Commerce's request,This annual comprehensive
property inventory gist and reconciliation report is separate and apart from, and in addition to, any
equipment reports required by this Agreement.
3. Ownership of all property acquired, in whole or in part, with funds from this Agreement is vested in
Commerce upon completion, including termination, of the Agreement, and as such, any title to such
property must be vested in Commerce by Subrecipient upon completion, including termination, of the
Agreement. If Subrecipient co-mingles funds from this Agreement, all property purchased, iin whole or in
part, using funds from the account(s) in which any funds from this Agreement are placed, is considered
"property acquired, in whole or in part,,with,funds from this Agreement" as described herein,
4. Real property, equipment, and intangible property that are acquired or improved, in whole or in part, with
funds from this Agreement must be held in trust with the State of Florida as the trustee for the beneficiaries
of the CSBG, LIHEAP, and/or WAP program. The State of Florida is entitled to record liens or other
appropriate notices of record to indicate that person or real property have been acquired or improved with
Federal funds and that use and disposition conditions apply to the property.
5. Subrecipient shall comply with Section 507 of Public Law 103-333, As stated in this section, it is the sense
of Congress that, to the extent practicable, all equipment and products purchased with funds made
available in this Act should be American made,
-End of Attachment D-
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ATTACHMENT E
SUBRECIP'IENT INFORMATION
L SUBRECIPIENT: V1 C 0 ell e"LoAk Y AGREEMENTM F,2- 0 ( 2--
Ii. SUBRECIPIENT CATEGORY: 1:1 Non-Profit IE f Local Government
III;. COUNTY(IES)TO BE SERVED WITH THESE
IV. GENERAILADMINISTRATIVE INFORMATION - Ye_SJV-S
a. Executive Director or Chief S�k
4 . ' s �i
Address: hC0 j5l[Mar�Dp -!-,"ty: KA
,a-,4t.j14r_ �' - _j Lo FL Zip:
Telephone: Fax:
Cell: Email: 4r44NQA"t_- _6hd"(Pta
Mailing address if different from above1-
Mailing Address: 5 City: ,FL Zip:
b. Chief Elected Official for Locail Governments or President/Chair of the Board for Nonprofits:
Name: MILl/Of- 161(t, �P0,.ge_�je_jif Title:
Address*: 101-P450 A'S (44PVA2_3� City: Kc�yll, IFL Zip: 9a0g
Telephone: W 1: 1 Email: occld(s 5-
*Eater home or business address, telephone numbers and email other tlwn the Subrecipient's
C. For Publlic Agencies-Chair of Community Action Board:
Name: A) Title:
Address*: City: ,FL Zip:
Telephone: Fax: Email:
*Enter home or business address, telephone numbers and email other than the Subrecipient's
d. Off iciall to Receive State Warrant:
(I Title: P� 1-k e, (I
Name:
Nt .0 MackofC.-
Address: 610� City: K-,e-Q JAYS+ FL Zip: 30 4.O
� WgJC
el. Subrecipient Contacts:
Q %
1. Program-. Name: _6_�V Grethotj Title: b(&eC_jft.' '6eff V(ceS
Address: (ft)b t4t_U Ljk��( FL Zip: S.5t)qd)
Telephone: C3A65) Fax:
Cell: Email: C
2. Fiscal: Name: IQMAA) Title:
Address:)q06 City: FL'`Zip-
Telephone:(�O,ar) 3-12-- +,5-% Fax: f-965) 29 S At-3 I to
Cell: � / , Ema4l:
f. Person(s)authorized to sin n re t"ts: ,,,
I , i fL&jqT_' Ca"i C. Gepv er-s
Name: it C40*V Title: (
Name: LL) Title: j0l�-j e
Name: Tide:
g. FEW Number: o C)C)-1 q,) h. DUNS Number:
i. Hours of Operation: vk U r-4 a4i Fn "I (Flours) b-Pt-114-
V. SUBRECIIPI ENT FISCAL YEAR: czt- 4- thru 3 O'V4--- (e.g. Oct 1 thiru Sep 30)
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ATTACHMENT
TRANSPARENCY REQUIREMENTS,
1. Tha5ubrecipiemt shall ensu/e that they oomp�yvvith all the requirememtsout|ioedln federal law ancl
app|lcab|estate pu|icy.
Z. "me following information must besu&mi1tedtu [ommercm'sAgreemento»anager:
A. Am Organizational Chart
B. NOtice ofa|| meetings at |east seven (7) businessbefurethe meeting is to Oocur. Notice of
special rweetio&smustbeposted at |east72Auurs before the meeting |stuocour.
C. Employee positions and sa|ary informadon for each position (| )ckding any benefits artd
Verf*rmamcehoouses).
D. Attachment Gi, Total Compensation for Executive Leadership Annual Report, which shall incymde
salary, bonuses, cash-in leave, cash oquivaIemts, severance pay, retirement benefits, deferred
compensation, real property gifts and any other payout. All compensation reports must indicate
what percent of compensation comes directly from the State or Federal allocations. The annual
report will be due to Commerce 30 calendar days after the submittal of the 990 form to the IRS.
The Subrecipient must inform Commerce of any changes in total executive compensation between
annual repmirts within 60 calendar days of the change,Subrecipient is allowed to submit one report
for their entity.
E. A p|ain ;ersimn nf any contract, that is estimated to exceed $35,000 with a private entity'
muniripa|itY, city, town, or vendor of servicm,�, supp|ies, or proAraws, inc|uJjng rnarketin�, or for
the lurchase or- lease or use of lands, faci|ities, o/ properties,
F. A ||yt ofo|| Board members, ifappkab|e, and the companyo/ entity that the Board rmmmberis
omp|myed by or owns, and their terms of service,
G. |ntcr|nca| a&reement(s), asapp|icm6|e
H. Single Audit for the last two (2)Vears,
L Meeting minuteswithin 15 business ofapprow|.
J. N| active agreementsw/ith another anbtY that de|egates partia| orcomp|eLe reyponsibi|ityfor any
duties the,Sm6reripiant is expected, required, or mmndntcd to perform under this Agreement, even
if the cost is, not expected to cxceed$35,000,
K. N| reports that the subrecipien1 must generate pursuant to Federal and F|mri6m law.
1 The Subrecipientsha|| cump|yvvith the requirements of 2 [FR 25 Unlversa| |dentffier and System
for Award Management (SAM). TkeSub,ecipimnt must have an active registration ill SAM in
accordance vvith 2 [FR part 25, appendix A, and must have aData Universal Numbering System
numh�r.The�uhrecipien1 must a�socomA|y with prov�sionsof the Federal Funding Accountabi|i1y
and TramsparencyAct, which includes re4uirements on, executivc compensation and 2 [FR17O
Reporting Subavvard and Executive Cmmpmmsntion Information,
4. Incomp|iance with sections 39.2U1 and 4I5.1Q34, F|vridaStaLut*s' |ftheSubrecipieni, its mpenis,
emp|mVees,rmmtrac1ors, subcontrzctorsoramyothe/entityperfurrningLlieservicesombehaHofthe
Subrecipicnt, knowsor has reasonablecaL..ise to suspect that a child,aged person, or disabled o&k
is or has been abUsed, neglected, or exp|oitecl, the Subre(-Jpient agrees to imrned�ately report such
knowledge or suspicion to the F|orida Abuse Hnt|ime by ca|lhm& 1 800- 96ABUSE, ur via the web
rcport�ng option �tT�s�//myf|fami�ie� cmm/servire pro�rams/abuse-h�L|ime/re�or� oniineshtm|
or via fax at1-8OO-914'0UO4,
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5, ConsisLent with 2 CFR 2COAT-3, the Subredpient rnust, within one (1) bt.isaness day of discovery,
dliSdOSE� any violation of federal criadnai law inv&ving frat,id, bribery, or vioWi:ons
pf.)tentialiy afk'acting the federal award, Additionally, the Sul'.irecipient Sh,111 diSCIOSE,arty other on-
going clvH or crjnillnaI Rigation, investigation, z'irbitration, or admWstrative pro(`.:ee&ng upon
i.,!xecution of this Agreement,
6. FOr all funds provided by Cornrm'.2rce, when issuing, statements, press releases, reClUests for
proposals, bid soh6tations and other docunrients describing projects or, p ograrns funded in whole
or in pzirt with federaI money, the Sut)recipient shaH clearly state(i)the percentage of the total costs
of thee program or prc),iectvvhi'cf)wiilbefiii�ir)ced withfederai nio'iey;(ii)tl-iedr)lllarariio,iritof federal
funcls fortheprojector prograrn;and (iii) the percentage and dollar arnount of the total costs of the
proj(,rct or prograirn that will be financed by sources,, Consollclated
Appropriations Act of 2018, Pub. L., No, 1.15.1.41, 132 Stat 348, div. H, Title V, Sec. 5(: 5 (Mar. 23,
2()1,8)
T In compflance wiffi suction 286,25, F.S,, the Subredpient wHI einsr,ire ainy nongovmnmenta�
organization which spcmsors as progran"t firianced, in vihok,'e or in fmrt, with funds provideed Under
t j is Agreen-ient will, in 1pr..iblidz'ing, advertising, or, I ri I)i rrIg the sponsorsW 1)of tf-,ie prograirn, state:
"Sponsored by (entities narne) and the SL..ttc of Horida, Dep,aftrnerit of Cornmerce." If thc,
sporlsorshil") 1'(?Jerencc is in vvrittr.'rr form, the words "Stute of Florida, De:paHrr-nc!nt of Cornn"ierce�"
type as the of the endty.
8, The SUbrecipient shad nraintain a [NOCf2dUre in accordance with secbons 420.507(20)
and 420.507(27), F.S. The Subrecipient's purchasing pr-OCE�(fiire n"iust, at ty'rinir'nurw
A. Ensun,-,=thrt all [Mr'chasing decisions are condUcted in a Liansparent trizinner r;
B. Foster corripefltion to ensure that the Subrecipient receives ffic, best volue possible;
C Require approvak in accordance with the Subrecipient's guidelines, prior to entering into as
Contract that is exenript from a cornpotitive process bec-aLIS(` 1he ,.�ervices or con"r rnodi ties are
avaIlablra only from a sing.,Ie source;
E). Requir(-.a that an intent to award as cornpetitive contract be pubhshed on the Subreciplent's
weep:site at least three (3) bushiess days prior to: exccution, and
F. Recir.flre tl'natthe SL]br'QCij.)ir-.mt take advantage of state term contracts negotiated bythe Florida
DepaItment of Managernent Services to th e greatest oxte.nt possible,
"I
9 ThC SUbrecipient s1rall rnaintain an enrployee etIflcs code rnoclelecl after thE provusions, of chapter.
112, F.S., wKch addresses pn.)Ibibitioris on: the acceptance of gifts, self-cleaIirlp, Unauthorized
compensation, conflicting en-iployrnent or contrcictrial r0ationships, inappropriate disc Iosuro and
LISC of inforniaticm, and nepotism.
M All Subrecipient travel expenses for this Agreement must be in accordaince with section 112,061, F.S.
-End of Attachment F-
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ATTACHMENT G
TOTAL COMPENSATION FOR EXECUTIVE LEADERSHIP
(Executive Order 20-44)
Subredpient:
Employee Name
Title
Salary
Bonuses
Cashed-In Leave
Cash Equivalents
Cash Equivalents
Description
Severance Pay
Retirement
Benefits Axk
Employer-Paid
Insurance
Benefits V
Deferred
Compensation
Real Property
Gifts
Real Property
Gifts Description
Other Payouts
Other Payouts
Description
Employer-Paid
Insurance
Benefits
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Total
Compensation
Accrued Leave
and Holiday
Benefits
Percentage of
Total Cq
Compensation
from Federal or
State Funds
Definitions:
Executive Leadership: Anyone who is included by name or title on the form 990, past VII, or Schedule J.
Cash Equivalents: lift cards, vouchers,tickets, or other items of monetary value.
Other payouts: Celll phone allowances,tuition,gym memberships, and car allowances, etc.
Employer-Maid Insurance Benefits: Amount of insurance paid by the employer for health,vision,life,dental,
disability, etc. (does not include taxes such as FICA, reemployment, etc.)
Accrued Leave and Holiday Benefits: Value of vacation, sick, and PTO accrued during the year and holiday
available to the employee.
-End of Attachment G-
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