02/21/2007 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 9, 2007
TO:
Deb Barsell, Director
Community Services
ATTN:
FROM:
Sandy Molina, Assistant
to the Division Director
Pamela G. Hanc~t
Deputy Clerk
At the February 21, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Low Income Home Energy Assistance Program Federally
Funded Subgrant Agreement #07EA-6J-1l-54-01-019 between Monroe County and the State of
Florida, Department of Community Affairs, for the provisions of funds to pay electric bills for low
income clients.
Enclosed are six duplicate originals of the above-mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return the fully executed "Monroe County
Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon
as possible. Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance wlo document
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
THOMAS G. PELHAM
Secretary
Memorandum
FROM:
Monroe County Board of County Commissioners
Hilda Frazier, Planning Manager ~
Community Assistance Sectio~_J/ J
March 26, 2007
TO:
DATE:
RE:
Low Income Home Energy Assistance Program (L1HEAP)
Your 2007-2008 contract for the Low Income Home Energy Assistance Program
(L1HEAP) was approved. Enclosed is your copy of the approved contract.
Should you need additional assistance or information, please contact your
financial specialist at 850-488-7541.
HF/hc/rw
Enclosure
2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100
Phone; 850.488.8466/'Suncom 278.8466 FI\X: 850.921.0781/Suncom 291.0781
Internet dddrps<.,;
CRITICAL STATE CONCERN FIELD OffiCE
179(,o..erSt'~HighwdY,:iuite212
/darathon,fL33050-2227
,J05} 28').240;
COMMUNITY PLANNING
l555ShLJmardOa~ Boulevard
Tallahas>ee,H "123')',-2100
reSU)4Afl.735f,
HOUSING & COMMUNITY DEVELOPMENT
:,,55 ShumartlO..k Boulf>~ard
Tall.lhas~,H 1;')4'01-2100
1850) 488_i'lr,6
~Cor~(]o:,"ik'!\OO$\.') ~~
L1HEAP FY 2007-2008
AGREEMENT NUMBER: 07EA-6J-11-54-01-019
CFDA NUMBER 93.568
LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Departmenf'), and Monroe County Board of County Commissioners. (hereinafter referred to as the
"Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these
grant funds to provide the services identified herein; and
B. WHEREAS, the Department has received these grant funds from the State of Florida,
and has the authority to sub-grant these funds to the Recipient upon the terms and conditions hereinafter
set forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK
The Recipient shall fully perform the obligations in accordance with the Scope of Work,
Attachment A and Budget Summary and Workplan, Attachment J of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be govemed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties or March 1. 2007,
whichever is earlier, and shall end March 31. 2008. unless terminated earlier in accordance with the
proviSions of paragraph (12) of this Agreement.
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(4) MODIFICATION OF AGREEMENT
Either party may request modification of the provisions of this Agreement. Changes which
are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties
hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided under this Agreement, for a period of five years from the date the audit report is issued, and
shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such
records upon request. The Recipient shall ensure that audit working papers are made available to the
Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five
years from the date the audit report is issued, unless extended in writing by the Department, with the
following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims
or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal -property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
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3. Records relating to real property acquisition shall be retained for five
years after closing of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors
or consultants paid from funds provided under this Agreement, including supporting documentation of all
program costs, in a form sufficient to determine compliance with the requirements and objectives of the
Scope of Work, Attachment A and Budget Summary and Workplan, Attachment J of this Agreement and all
other applicable laws and regulations and shall ensure through contractual requirements that
subcontractors or consultants paid from funds provided under this agreement maintain records in identical
form, to be made available to the Department upon request.
(d) The Recipient, its employees or agents, including all subcontractors or consultants
to be paid from funds provided under this Agreement, shall allow access to its records at reasonable
times to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
agreement.
(d) If the Recipient is a State or local govemment or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal
3
awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates
Federal resources awarded through the Department by this Agreement In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Department. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An
audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular
A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal resources (I.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMS Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(an electronic copy shall also be submitted to the above office at aurilla.parrish@dca.state.f1.us)
and
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Department of Community Affairs
Community Assistance Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB
Circular A-133, as revised.
(I) Pursuant to Section .320 (I), OMB Circular A-133, as revised, the Recipient shall submit
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and
any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(an electronic copy shall also be submitted to the above office at aurllla.parrlsh@dca.state.fi.us)
and to your financial specialist at:
Department of Community Affairs
Community Assistance Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
.(g) Any reports, management letter, or other information required to be submitted to the
Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofrt and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the Recipient in correspondence accompanying the
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reporting package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
OJ The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed
under Chapter 473, FIe. Stat. The IPA shall state that the audit complied with the applicable provisions
noted above. The audit must be submitted to the Department no later than nine (9) months from the
end of the Recipient's fiscal year.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly reports, and
with a close-out report. These reports shall include the current status and progress by the Recipient
and all sub-recipients and subcontractors in completing the work described in the Scope of Work and
the expenditure of funds under this Agreement, in addition to such other information as requested by
the Department.
(b) Quarterly reports are due to be received by the Department no later than 21 days
after the end of each quarter of the program year and shall continue to be submitted each quarter until
submission of the administrative close-out report. The ending dates for each quarter of the program
year are March 30, June 30, September 30 and December 31.
(c) The close-out report is due 45 days after termination of this Agreement or
upon completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in Paragraph (11)
REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance
with the Scope of Work, Attachment A and Budget Summary and Workplan, Attachment J of this
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Agreement.
(e) The Recipient shall provide such additional program updates or information as
may be required by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachment C.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of
its subcontractors, subrecipienls and consultants who are paid from funds provided under this
Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished
within the specified time periods, and other performance goals stated in this Agreement are achieved.
Such review shall be made for each function or activity set forth in Attachment A to this Agreement,
and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised
and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring
procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as
defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement,
the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed
appropriate by the Department. In the event that the Department determines that a limited scope audit
of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided
by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and
cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief
Financial Officer or Auditor General. In addition, the Department will monitor the performance and
financial management by the Recipient throughout the agreement term to ensure timely completion of
all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28,
Fla. Stat.. the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the
terms of this agreement, and shall hold the Department harmless against all claims of whatever nature
7
by third parties arising out of the performance of work under this agreement. For purposes of this
agreement, Recipient agrees that it is not an employee or agent of the Department, but is an
independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
fla. Stat. agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Defaulf'), all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects,
terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph
(11), but the Department may make any payments or parts of payments alter the happening of any
Events of Default without thereby waiving the right to exercise such remedies, and without becoming
liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous Agreement with the Department shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Department and has not cured such in timely
fashion, or is unable or unwilling to meet its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material
adverse change within thirty (30) days from the time the date written notice is sent by the
Department.
(c) If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
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(d) If the Recipient has failed to perform and complete in timely fashion any of
its obligations under this Agreement
(11) REMEDIES
Upon the happening of an Event of Defaufi, then the Department may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipienfs failure to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently
or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (13) herein;
(b) Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of ail or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may be
taken if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. requiring the Recipient to reimburse the Department for the amount of
costs incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Department any funds which were used for
ineligible purposes under the program laws, rules and regulations goveming the use of funds under this
program.
(I) Exercise any other rights or remedies which may be otherwise available under law.
(g) The pursuit of anyone of the above remedies shall not preclude the Department from
9
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Department of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department
hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any
further or subsequent default by the Recipient.
(12) TERMINATION
(a) The Department may terminate this Agreement for cause upon thirty (30) days prior
written notice as is reasonable under the circumstances. Cause shall include, but not be limited to,
misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to
perform in a timely manner; and refusal by the Recipient to permit public access to any document,
paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat.. as amended.
(b) The Department may terminate this Agreement when it determines, in its sole
discretion, that the continuation of the Agreement would not produce beneficial results commensurate
with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written
notice,
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish the effective date
of the termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification
of termination. The Recipient will cancel as many outstanding obligations as possible, Costs incurred
after the date of receipt of notice of the termination will be disallowed, Notwithstanding the above, the
Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by
the Recipient. The Department may, to the extent authorized by law, withhold any payments to the
Recipient for purpose of set-off until such time as the exact amount of damages due the Department
from the Recipient is determined,
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either
10
by hand delivery, or first class, certified mail, return receipt requested, to the representative identified
below at the address set forth below and said notification attached to the original of this Agreement
(b) The name and address of the Department contract manager for this Agreement is:
Paula Churchwell, Community Program Administrator
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 488-7541
Fax: (850) 488-2488
Email: Paula.Churchwell@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is stated in Recipient Information, Attachment I of this Agreement.
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy
of the unsigned subcontract must be forwarded to the Department for review and approval prior to
execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that:
(i) the subcontractor is bound by the terms of this Agreement,
(ii) the subcontractor is bound by all applicable state and federal laws and regulations,
(Iii) the subcontractor shall hold the Department and Recipient harmless against all
claims of whatever nature arising out of the subcontractors performance of work
under this Agreement, to the extent allowed and required by law. Each
subcontractor's progress in performing its work under this Agreement shall be
documented in the quarterly report submitted by the Recipient.
For each sub agreement, the Recipient shall provide a written statement to the Department as
to whether that subcontractor is a minority vendor, as defined in section 288.703, Fla.Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
11
Monroe County Board of County Commissioners
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A. Scope of Work
Attachment B. Program Statutes and Regulations
Attachment C. Reports
Attachment D. Property Management and Procurement
Attachment E. Statement of Assurances
Attachment F. Special Conditions
Attachment G. Warranties and Representations
Attachment H. Certification Regarding Debarment
Attachment I. Recipient Information
Attachment J. Budget Summary and Workplan
Attachment K. Budget Detail
Attachment L. Multi-County Fund Distribution
Attachment M. Justification of Advance Payment
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed
for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$97,516, subject to the availability of funds and appropriate budget authority. The
Recipient is authorized to incur costs in an amount not to exceed $71.187 until further
notification is received by the Department. As funds and budget authority are available, changes to
the costs the Recipient may incur will be accomplished by notice from the Department to the
Recipient, in the form of certified mail, return receipt requested, to the Recipient's contact person
12
identified in Attachment I, Recipient Information. The terms of the Agreement shall be considered
to have been modified to allow the Recipient to incur additional costs upon the Recipient's receipt of
the written notice from the Department.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat. and is contingent upon the Recipient's acceptance of the rights of the Department under
Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the
expected cash needs of the Recipient within the first three (3) months of the agreement term. For a
federally funded agreement, any advance payment is also subject to federal OMB Circulars A-87, A-
110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is
requested, the budget data on which the request is based and a justification statement shall be
included in this Agreement as Attachment M. Attachment M will specify the amount of advance
payment needed and provide an explanation of the necessity for and proposed use of these funds.
(e) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Scope of Work, Attachment A and
~llg91il1 $llmm!'lry !'Ing WQr1<gli;ln, Att!'lQhmlilnt J Qf this Agreement.
If the Reeessary tuRDS are Ret availallle te fund this Agreement as a result of action by Congress,
the state Legislature, the Office of the Chief Financial Officer or the Office of Management and
Budgeting, all obligations on the part of the Department to make any further payment of funds hereunder
shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice
from the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to
made payable to the order of "Department of Community Affairs", and mailed directly to the Department
at the following address:
13
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla Stat. if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS
Pursuant to Section 215.422, Fla. Stat.. the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant w~hin 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to
fulfill the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is
in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall
be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not
invalidate any other provision of this Agreement
14
(c) Any power of approval or disapproval granted to the Department under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U.S.C. Section 12101 et seo.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(I) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business with
any public entity in excess of Category Two for a period of 36 months from the date of being placed on
the convicted vendor list or on the discriminatory vendor list
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, by signing this
Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a federal department or
agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction
or contract under public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
15
or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
20(h)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Department (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion'
(Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Department prior to the Recipient entering into a contract with any
prospective subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement
is contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
OJ If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with Section 112.061, Fla. Stat
(k) The Department of Community Affairs reserves the right to unilaterally cancel
this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Fla. Stat. and made or received by the
Recipient in conjunction with this Agreement
(I) If the Recipient is allowed to temporarily invest any advances of funds under
this Agreement, any interest income shall either be returned to the Department or be applied against
the Department's obligation to pay the agreement amount.
16
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")] The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All such meetings shall be publicly
noticed, open to the public, and the minutes of all such meetings shall be public records, available to the
public in accordance with Chapter 119, Fla. Stat.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department in connection with
this Agreement may be used directly or indirectly to influence legislation or any other official action
by the Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of
his or her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
17
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including sub agreements, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(22) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement a pre-existing patent
or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright
unless the Agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient
shall refer the discovery or invention to the Department for a determination whether patent protection
will be sought in the name of the State of Florida. Any and all patent rights accruing under or in
connection with the performance of this Agreement are hereby reserved to the State of Florida. In the
event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall
notify the Department. Any and all copyrights accruing under or in connection with the perfonmance
under this Agreement are hereby transferred by the Recipient to the State of Florida.
18
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose
all intellectual properties relevant to the performance of this Agreement which he or she knows or should
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
know could give rise to a patentor copyright The Recipient shall retain all rights and entitlements to any
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights which accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all
covenants and assurances contained herein. The Recipient also certifies that the undersigned
possesses the author~y to legally execute and bind Recipient to the terms of this Agreement.
(24) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment E.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by
their undersigned officials as duly authorized.
RECIPIENT
STATE OF FLORIDA
DEPARTMENT OF COMMUNI
(llO/lf1),L Cou4r 6J~ t>f CZiPrIlr
By//'izA-~ )J-~/
Name and title: _mono 0; ooflarv ~r
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Janice ro ning, Director
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EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOllOWING:
Federal Program: United States Department of Health and Human Services Title:
Low Income Home Energy Assistance Program (LIHEAP)
CFDA" Number: 93.568
"Catalog of Federal Domestic Assistance
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOllOWS:
Federal Program:
List applicable compliance requirements as follows:
1. Purposes resources must be used for:
The Recipient will use the L1HEAP funds to provide energy payment assistance to low
income consumers. These funds will be expended in accordance with the Scope of Work,
Attachment A, Program Statutes and Regulations, Attachment B, Budget Summary and
Workplan; Attachment J, and applicable OMB Circulars.
2. Eligibility requirements for recipients of the resources:
The Recipient will comply with applicable OMB Circulars and eligibility requirements as set forth
in U.S. Department of Health and Human Services regulations codified in:
Title 45 of the Code of Federal Regulations, Part 96 - Block Grants, and
Title 31 of the Code of Federal Regulations, Part 205 - Cash Management Improvement Act of
1990.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOllOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number. NIA
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of Federal Domestic Assistance title and number. NIA
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOllOWS:
NIA
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the infonmation about Federal Programs and State Projects included in Exhibit 1 be provided
to the recipient.
20
L1HEAP
ATTACHMENT A
SCOPE OF WORK
The Recipient shall, or will ensure through subcontracts that subcontractors shall, utilize the funds
provided under this Agreement to:
A Conduct outreach activities designed to ensure that eligible households, especially
households with elderly individuals or disabled individuals, or both, are made aware of the
assistance available under this Agreement.
B. The Recipient shall enter into a Memorandum of Understanding (MOU) with all Weatherization
Assistance Programs 0NAP) in their service area. The Memorandum of Understanding shall detail
cooperative efforts and shall describe the actions that will be taken by both parties to assure the
coordination, partnership and referrals. The Recipient in coordination with the local WAP agency
shall develop a system by which UHEAP recipients who have received more than three UHEAP
benefits in the last 18 months and who are homeowners, are referred to the WAP provider.
C. Make home visits or conduct telephone interviews to home-bound clients, especially the elderly
or disabled, for completion of the program application or eligibility determination when other
assistance is not adequate.
D. Make UHEAP home energy assistance payments based on a state-provided payment matrix
and worksheet. The payment amount is based on the household's income level as compared to
the national poverty guidelines. This takes into account both gross income and family size. The
lower the income, the higher the benefit level.
E. Make vendor payments directly to fuel providers or recipients on behalf of eligible clients, or
In instances where vendor agreements cannot be negotiated, make payments directly to clients in
the form of a one or two party check.
21
LIHEAP
ATTACHMENT A
SCOPE OF WORK
F. Determine the correct amount of each crisis benefit based on the minimum necessary to resolve
the crisis, but not more than the maximum per household and maximum per item limits set by the
Department.
G. Establish Memoranda of Understanding (MOU) with service area Emergency Home Energy
Assistance for the Elderly Program (EHEAP) providers. The Agreement will ensure
coordination of services, avoid duplication of assistance, and increase the quality of services
provided to elderly participants.
H. Check L1HEAP records and Emergency Home Energy Assistance for the Elderly Program
(EHEAP) records (for households with elderly members) to avoid duplicate crisis assistance
payments during the same heating or cooling season.
I. When the applicant is not in a life threatening situation, take actions that will resolve an
emergency within 48 hours of the application approval for a crisis benefit.
J. When the applicant is in a life threatening situation, take actions that will resolve an emergency
situation within 18 hours of the application approval for a crisis benefit.
K. Make home energy payments within 45 days of the date all requested information is received.
L. The Recipient will, within 15 working days of receiving the client's application, furnish in
writing to all applicants a Notice of Approval which includes the type and amount of assistance
to be paid on their behalf or a Notice of Denial which includes appeal information.
M. Maintain a separate record for each L1HEAP client that includes at least the following data:
1. Client's name, address, sex, age;
2. Household demographics;
3. Income amount and method of verification;
22
L1HEAP
ATTACHMENT A
SCOPE OF WORK
4. Income Documentation to support eligibility;
5. Statement of self-declaration of Income if applicable;
6. Date client was interviewed;
7. Services provided;
8. Copies of approval or denial letters provided to the client;
All L1HEAP assistance applications must be signed by the client and by the Recipient's
representative.
N. Recipients are required to have written applicant appeal procedures. Any applicant denied
L1HEAP services must be provided a written notice of the denial which includes the appeal
process and the reason(s) for the denial. At a minimum, the written Notice of Denial and Appeals
shall contain the reason for the denial, under what circumstances the client may reapply, what
information or documentation is needed for the person to reapply, the name and address to whom
the re-application or appeal should be sent, and the phone number of the Recipient. Appeal
provisions must be posted in a prominent place within the office where it is on view for all
applicants.
O. The Recipient will make payments to those 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 households that results from having members of
vulnerable populations, including very young children, the disabled, and frail older individuals.
P. Recipients serving multi-county areas must provide the Department 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 poverty population within each of the counties served. This
information must be reported in Attachment L to this Agreement.
23
L1HEAP
ATTACHMENT A
SCOPE OF WORK
Q. When L1HEAP funds are not available or are insufficient to meet the emergency home energy
needs of an applicant, the Recipient will assist the applicant to secure help through other
community resources.
R. The Recipient shall agree to treat owners and renters equitably under the Agreement.
S. The Recipient shall be responsible for entering into written agreements with home
energy suppliers which include all of the following requirements:
(1) Provisions to assure that no household receiving assistance will be treated adversely
because of such assistance under applicable provisions of state law or public regulatory
requirements.
(2) Any home energy supplier receiving direct payments agrees not to discriminate, either
in the cost of goods supplied or the services provided, against the eligible household on
whose behalf payments are made.
(3) Only energy related elements of a utility bill are to be paid. In no instance may water or
sewage charges be paid except if required by the vendor under the crisis category to meet
the requirement of resolving the crisis. Vendors must be made aware that those charges are
the responsibility of the client.
(4) The Recipient or subcontractor shall make vendors aware that when the benefit amount
to the client does not pay for the complete charges owed by a client, that the client is
responsible for the remaining amount owed.
T. The Recipient will be responsible for determining the eligibility of the clients applying for the
L1HEAP program and its crisis components. Client eligibility is based on the following factors:
(1) The Recipient may only assist households who are or were residing in their L1HEAP
Service area at the time the home energy costs were incurred.
(2) The client must complete an application and return all required information and
verification to the Recipient or subcontractor while funds remain available.
24
L1HEAP
ATTACHMENT A
SCOPE OF WORK
(3) The client must provide a fuel bill for home energy or provide other documentation
verifying an obligation to pay for home energy costs.
(4) The client must have a total household Income of not more than 150% of the
current OMS federal poverty level for their household's size.
(5) Applicants receiving Food Stamps or have applied for and are currently eligible
for Weatherization Assistance Program CWAP) and Community Services Block
Grant (CSBG) funds automatically qualify for L1HEAP; however, the benefit
levels are the same as other qualified applicants.
(6) The applicant must have a verifiable home energy crisis (crisis component).
(7) The applicant must not live in government subsidized housing projects where home
heating and cooling costs are totallv included in their rent and they have !lQ obligation to pay
any portion of the home heating and cooling costs.
(8) The client 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.
(9) The client must not be a student living in a dormitory.
U. OTHER SPECIAL REQUIREMENTS
(1) The Recipient shall ensure that no person shall be excluded from participation in any
activity of the program on the grounds of race, color, national origin, sex or age, and such
person shall not be subjected to discrimination under any activity funded in whole or in part
with these funds.
(2) The Recipient will define what criteria and verification will be used in its local area to
determine if a household is in danger of losing home energy. This criteria must be set in
a manner to encourage households to seek assistance prior to incurring non-energy
penalties such as disconnect/reconnect fees, additional deposit, interest or late payment
penalties, etc.
25
L1HEAP
ATTACHMENT A
SCOPE OF WORK
(3) Tne ReCIPient will not charge applicants a fee or accept donations from an applicant
to prl;lvlge LIHI;AP benefits.
(4) The Recipient will be in a location and operate during hours available to clients.
(5) The Recipient will refund, with non-federal funds, to the Department, all funds
incorrectly paid on behalf of clients that cannot be collected from the client.
(6) The Recipient will have appropriate staff attend training sessions as scheduled by the
Department to cover L1HEAP policies and procedures.
(7) The Recipient will furnish training for all staff members assigned responsibilities for the
program.
(8) The Recipient will add information, such as the Recipient's name, address, and times of
Operation, to the forms provided by the Department or similar ReCipient-developed
forms and duplicate as needed.
(9) The Recipient will provide information to local media and agencies in contact with low-
income individuals announcing the beginning of both the crisis program component and
the heating and cooling assistance program with information stating how, where, and
when to apply, as well as the benefits available and eligibility criteria.
(10) The Recipient will take applications when it has a signed Agreement and adequate
funding, and continue taking applications until the Agreement expires or funds are
exhausted.
(11) The Recipient must have adequate procedures in place to ensure that L1HEAP funds
are appropriately budgeted and expended to sufficiently allow for energy assistance
benefits in both the heating and cooling seasons.
(12) The Recipient will operate both program components in a manner that makes them
available to all potentially eligible clients in their service area.
(13) The Recipient will secure and maintain an internet computer service and notify the
Department of its e-mail address.
26
L1HEAP
ATTACHMENT A
SCOPE OF WORK
(14) The Recipient will post the following notice in a conspicuous place at all pOints where
L1HEAP applications are received:
No Money, cash or checks, will be requested or received from customers in a L1HEAP
provider's office. If an employee of such an office asks for money, report this to the agency
Executive Director or Department Head.
27
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
A. INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
The applicable documents goveming service provision regulations are in the Common Rule, 45
CFR Part 74,76 and 92, or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations," and OMB Circular
A-133, "Audits of States, Local Governments, and Non-Profit Organizations." If this Agreement is made
with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject
to Federal Acquisition Regulations 31.2 and 931.2. 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
L1HEAP Manual. 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 - Department Grant Appeals Board;
2. Part 30 - Claims Collection;
3. Part 75 - Informal Grant Appeals Procedure;
4. Part 76 - Debarment and Suspension from Eligibility for Financial Assistance Subpart F;
5. Part 80 - Nondiscrimination under programs receiving Federal assistance through the
Department of Health and Human Services (HHS), Effectuation of Title VI of the Civil Rights
Act of 1964;
6. Part 81 - Practice and procedure for hearings under Part 80 of this title;
7. Part 84 - Nondiscrimination on the basis of handicap in programs and
activities receiving Federal financial assistance;
28
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
8. Part 86 - Nondiscrimination on the basis of sex in education programs and activities
receiving Federal financial assistance;
9. Part 87 - Equal Treatment for Faith Based Organizations;
10. Part 91 - Nondiscrimination on the Basis of Age in HHS programs or activities receiving
Federal Financial Assistance;
11. Part 93 - New restrictions on lobbying;
12. Part 96 - Block Grants;
13. Part 100 - Intergovernmental Review of HHS programs and activities;
14. Consolidation of grants to the insular areas;
B. When the applicant is not in a life threatening situation, the Recipient will take actions that will resolve
an emergency within 48 hours of the application approval for a crisis benefit.
C. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY
The Recipient assures, as stated in Section 508 of Public Law 103-333, that all 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 recipients 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 non-governmental sources.
D. INTEREST FROM CASH ADVANCES
Subcontractors shall invest cash advances in compliance with section .21 (h) (2) (i) of the
Common Rule and section .22 of OMB Circular A-110 as revised. Subcontractors shall maintain
advances of Federal funds in interest-bearing accounts unless (1), (2), or (3) apply:
29
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
NON-PROFITS ONLY:
1. The Recipient or subcontractor receives less than $120,000 in Federal awards per year.
2. The best reasonably available interest bearing account would not be expected to earn
interest in excess of $250 per year on 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 status report and the close-out
report.
LOCAL GOVERNMENTS ONLY:
Except for interest earned on advance of funds exempt under the inter-governmental Cooperation
Action (31 U.S.C 6501 et. seq.) and the Indian Self-Determination Act (23 U.S.C. 450), grantees and
sub-grantees shall promptly, but at least quarterly, remit interest earned on advances to the Federal
agency. The grantee or sub-grantee may keep interest amounts up to $100 per year for
administrative expenses.
E PROGRAM INCOME
The Recipient may reapply program income for eligible program projects or objectives. The amount of
program income and its disposition must be reported to the Department at the time of submission of
the final close-out report
F. MODIFICATIONS
(1) The Department shall not be obligated to reimburse the Recipient for outlays in excess of
the funded amount of this Agreement unless and until the Department officially approves such
expenditures by executing a written modification to the original Agreement.
(2) The line item budget, as given in Attachment J of this Agreement and reported on the
quarterly financial status reports, may not be altered without a written budget modification
with the exceptions of the items listed below:
30
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
(a) The Recipient may transfer unobligated budgeted line items within a budget
category as long as the budget category subtotal remains the same. Each line
item must meet all contractual budget requirements. For the purpose of
transferring funds, the following are considered budget categories: Administrative
Expenses, Outreach Expenses and Direct Client Assistance.
(b) Any and all Administrative Expenses and Outreach Expenses may be transferred to
any Direct Client Assistance line item without additional written authorization. Each
line item must meet all contractual budget requirements.
(c) With the exceptions given in (a) and (b) above, all requests for modifications to
increase or decrease any line item by more than 20% must be submitted to the
Department for approval thirty (30) days prior to the anticipated implementation date.
Failure to meet this time frame may result in reimbursement delays.
(d) A letter of explanation and a revised budget summary and workplan page must
be provided to the Department for any line item changes prior to the submission of a
financial status report in which the changes are implemented. This is not a formal
modification, but will provide the Department with advance notice and a description of
information concerning your budget revisions.
(e) None of the budget transfers may violate this Agreement or OMS Circulars
A-110, Common Rule, A-121 or A-B? Your information will be reviewed by the
Department for compliance with these circulars.
(3) All requests for formal modifications must be submitted to the Department for approval in
writing at least thirty (30) days prior to the anticipated implementation date. The Recipient must
use a L1HEAP modification package, approved by the Department, which includes an
amended budget summary and workplan page and amended budget detail page.
31
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
(4) Only unobligated funds may be transferred from one line item to another line item.
G. BONDING
(1) Non-Profit Organizations: The Recipient agrees to purchase a blanket fidelity bond
covering all officers, employees and agents of the Recipient 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 L1HEAP
agreement amount.
(2) Local Govemments: The Recipient agrees to purchase a fidelity bond in accordance with
Section 113.07, Fla. Stat. The fidelity bond must cover all officers, employees and agents of the
Recipient holding a position of trust and authorized to handle funds received or disbursed under
this Agreement.
H. MONITORING
(1) The Recipient shall allow the Department to carry out monitoring, evaluation and
technical assistance and shall ensure the cooperation of its employees,and of any sub-
recipients with whom the Recipient contracts to carry out program activities.
(2) Training and technical assistance shall be provided by the Department, within limits of staff
time and budget, upon request by the Recipient and/or upon determination by the Department of
Recipient need.
I. OTHER PROVISIONS
(1) The Recipient must budget a minimum of twenty-five (25) percent of the total Agreement
funds for Home Energy Assistance.
(2) The Recipient must budget a minimum of two (2) percent of the total Agreement funds for
Weather Related/Supply Shortage emergency assistance. These funds must be held in this
budget line item category until December 15 of the program year for use in response to a
possible disaster. These funds will only be used during state or federal emergencies
32
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
decllilred by the President; the Governor or the Secrellilry gf the Deplilrtmentlils he/she deems
neceasary. In the event Of an emergency being officially declared, if the lileCipierit or the
Department finds that two percent of the budget is not sufficient to meet the emergency, the
Recipient may draw on other Agreement categories, up to fifty percent (50%) of the tollill
Agreement budget, without additional written authorization. After December 15, if no emergency
has been declared, the Recipient may allocate these funds to the crisis or the home energy
category of the program without additional written authorization from the Department. When
funds are distributed for a weather-related/supply shortage emergency, the Department will
provide binding directives as to the allowable expenditures of the funds. The Recipient will
comply with these directives or agree that these funds will remain with the Department.
(3) In addition to the record keeping and audit requirements contained in Sections (5) and
(6) 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 the
Recipient.
(4) If the U.S. Department of Health and Human Services initiates a hearing regarding the
expenditure of funds provided under this Agreement, the Recipient shall cooperate with, and upon
written request, participate with the Department in the hearing.
(5) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work,
Attachment A, and all other applicable laws and regulations.
33
LIHEAP
ATTACHMENT C
REPORTS
A Annual reoorts - Within 45 days after the end of the Agreement the Recipient shall submit a
L1HEAP Close-out Report, including the L1HEAP Final Financial Report, a refund check for any
unspent funds, and the L1HEAP Final Program Report.
B. Monthlv reports - The L1HEAP Monthly Financial Status Report must be provided to the
Department by no later than the twenty-first (21st day) of each month following the end of the reporting
month in which funds were expended.
C. Quarterlv Reports - For each county the Recipient serves, the L1HEAP Household Quarterly
Program Report must be provided to the Department by no later than the twenty-first (21 st) of the
month following the end of the last month of the quarterly reporting period.
D. Upon reasonable notice, the Recipient shall provide such additional program updates or
information as may be required by the Department, including supporting or source documentation for
any reports identified above in this section.
The reports shall be submitted to:
Ms. Hilda Frazier, Manager
Florida Department of Community Affairs
Division of Housing & Community Development
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Fax: (850) 488-2488
34
LIHEAP
ATTACHMENT D
PROPERTY MANAGEMENT AND PROCUREMENT
A. All such property purchased under this Agreement shall be inventoried annually and an
inventory report shall be submitted to the Department as part of the close-out report.
B. All property purchased under this Agreement shall be listed on the property records of the
Recipient. Said listing shall include a description of the property, model number,
manufacturer's serial number, funding source, information needed to calculate the federal
and/or state share, date of acquisition, unit cost, property inventory number and information on
the location, use and condition, transfer, replacement or disposition of the property.
C. Title (Ownership) to all nonexpendable property acquired with funds from this Agreement shall
be vested in the Department upon completion or termination of the Agreement
The Recipient agrees to 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
D. The Recipient agrees to 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.
35
L1HEAP
ATTACHMENT E
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.
B. Interest of Members. Officers. or Emolovees of Recioient. Members of Local Governino Bodv. or
Other Public Officials.
No member, officer, or employee of the Recipient, 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, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the program
assisted under this Agreement. The Recipient 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 s. 112.061, Florida
Statutes.
C. Neootism
The Recipient agrees to abide by the provisions of s. 112.3135, Fla. Slat. pertaining to
nepotism in their performance under this Agreement
D. L1HEAP Assurances
The Recipient hereby assures and certifies as a condition of receipt of Low Income Home Energy
Assistance Program funds, that it and its subcontractors will comply with the applicable
requirements of Federal and State laws, rules, regulations, and guidelines. As part of its
acceptance and use of L1HEAP funds, the Recipient assures and certifies that
(1) The Recipient possesses the legal authority to administer the program as approved by
the Recipient's governing body, including all assurances contained herein.
36
L1HEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
(2) The Recipient possesses the sound controls and fund accounting procedures necessary to
adequately safeguard the assets of the agency, check the accuracy and reliability of
accounting data, promote operating efficiency and maintain compliance with prescribed
management policies of the agency.
(3) The Recipient will permit and cooperate with Federal and State investigations designed to
evaluate compliance with the law.
(4) The Recipient will give the Department, 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.
(5) The Recipient will comply with non-discrimination provisions, in accordance with Florida Statutes;
Section 677 of P.L. 97-35; Titles VI and VII of the Civil Rights Act of 1964; and 45 C.F.R. Parts 84,
86 and 90.
(6) The Recipient will comply with section 680 of Public Law 97-35, as amended, which
prohibits use of L1HEAP funds for purchase or improvement of land, or the purchase,
construction, or permanent improvement of any building or other facility.
(7) The L1HEAP application and all its attachments, including budget data, are true and correct.
(8) The Recipient will prohibit any political activities in accordance with Section 678F(b) of 42
USC 9918, as amended.
(9) Administration of this program has been approved by the Recipient's governing body by
official action, and the officer who signs it is duly authorized to sign this Agreement.
(10) The Recipient agrees to comply with Public Law 103-227, Part C, 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
37
L1HEAP
ATTACHMENT E
STATEMENT OF ASSUAANCES
services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions
of facilities used for inpatient drug and alcohol treatment. The Recipient further agrees that the above
language will be included in any subawards which contain provisions for children's services and that all
subrecipients 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. a pUblished and publicized local
outreach office number when the outreach office is open a minimum of 40 hours per week, or toll-free
telephone number.
38
L1HEAP
ATTACHMENT F
SPECIAL CONDITIONS
A The Recipient and its sub-recipients shall comply with the following special conditions:
NONE
B. Failure of the Recipient or it's sub-recipients to comply with the special conditions under this
Agreement shall be cause for the immediate suspension of payments, and may be cause for the
immediate termination of this Agreement.
39
L1HEAP
ATTACHMENT G
WARRANllES AND REPRESENTATlONS
Financial Manaoement
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities.
These records shall contain information pertaining to grant awards, authorizations,
obligations, un-obligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment.
Whenever appropriate, financial information should be related to performance and unit
cost data.
(5) Written procedures for determining the reasonableness, allocability and allowability of
costs in accordance with the provisions of the applicable cost principles and the terms
and conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
Competition
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive
practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order
to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements; statements of work, invijations for bids and/or requests for
proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or
offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price,
quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or
offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient Any and all bids or offers may
be rejected when it is in the Recipient's interest to do so.
Codes of conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any
member of his or her immediate family, his or her partner, or an organization which employs or is about to
employ any of the parties indicated herein, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the recipient.
L1HEAP
ATTACHMENT G
WARRANTIES AND REPRESENTATIONS
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from: 8:00 AM to 5:00 PM, Monday through Friday, excluding holidays.
Licensinq and Permillinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required
for all of the particular work for which they are hired by the Recipient.
41
Attachment H
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, N/A , certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach
an explanation to this form.
CONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
DCA Contract Number
Street Address
City, State, Zip
Date
42
L1HEAP
ATTACHMENT I -- RECIPIENT INFORMATION
FEDERAL YEAR: ---'!L CONTRACT PERIOD: Date of Sicminll to March 31. 2008
FOR DCA USE ONLY
DATE RECEIVED: '"\ //&>/07 REVISION(S) RECEIVED:
,
DCA CONSULTANT: ~;)--
I
I.
RECIPIENT CATEGORY:
{ } Non-Profit { X} Local Government { } State Agency
II.
COUNTIES TO BE SERVED WITH THESE FUNDS:
Monroe
III. GENERAL ADMINISTRATIVE INFORMATION
a. Recipient: _Monroe County Board of County Commissioners
b. Executive Director or Chief Administrator:_Deb Barsell
c. Recipient Address: _1100 Simonton Street
City: _Key West ,FL Zip Code: _33040
Telephone: (305) _292-4510 Fax: (305) _292-4417
County: _Monroe_ E-mail Address: _barsell-debbie@monroecounty-fl.gov_
d. Mailing Address (if different from above):
,FL Zip Code:
e. Chief Elected Official (Local Governments) or PresidenUChairman (for corporations):
Name:_Mario Di Gennaro
Titie: _Mayor
Home or business address and telephone number other than Recipient's address:
_490 63'" Street
_Marathon ,FL Zip Code: _33050_ Telephone ( )
f. Official to Receive State Warrant: Name: _Danny Kolhage
Title: _Clerk of Court
Mailing Address: _500 Whitehead Street
Key West , FL Zip Code: _33040_
g. Recipient Contacts:
(1) Program: Name _Sheryl Graham_ Title: Compliance Manager
Mailing Address: _1100 Simonton StreeC1-202
_Key West , FL Zip Code: _33040
Telephone: (305) _292-4574_ Fax: (305) _305-295-4361_
Cell: ( )_-Mail Address: graham-sheryl@monroecounty-fl.gov
(2) Fiscal: Name _Danny Kolhage_ Title _Clerk of Court
Mailing Address: _500 Whitehead Street
_Key West , FL Zip Code: _33040
Telephone: (305) _292-3560 Fax: (305) _295-3660
Cell: ( ) E-Mail Address:dkolhage@monroe-clerk.com
h. Person(s) authorized to sign reports: Susan Hawxhurst; Sheryl Graham; Deb Barsell
IV. AUDIT Recipient Fiscal Year: _October to _September_
Audit is due sf4n months from the end of the recipient's fiscal year: ~ r-^-
43
ATTACHMENT J
L1HEAP
BUDGET SUMMARY AND WORKPLAN
I. BUDGET SUMMARY
L1HEAP FUNDS ONLY BUDGETED AMOUNT
1. L1HEAP FUNDS (No Leveraging Funds) 97,516.00
ADMINISTRATIVE EXPENSES
2. Salaries Including Fringe, Rent, Utilities, Travel, Other 7,313.00
(Total cannot exceed 7.5% of Line 1)
OUTREACH EXPENSES
3. Salaries including Fringe, Rent, Utilities, Travel, Other -0-
(Total cannot exceed Line 1 minus Line 2 x .15)
DIRECT CLIENrASSISTANCE .
'.
4. Home Energy Assistance (Must be at least 25% of Line 1) 26,330.00
5. Crisis Assistance 61,873.00
6. Weather Related/Supply Shortage (Must be at least 2% of Line 1) 2,000.00
7. TOTAL DIRECT CLIENT ASSISTANCE (LINES 4+5+6) 90,203.00
LEVERAGING FUNOSONI.Y (Enter $..().on Unes8, ~ and 10)
8. Home Energy Assistance -0.
9. Crisis Assistance -0-
10. TOTAL LEVERAGING (LINES 8 + 9) -0.
11. GRAND TOTAL (Lines 2+3+7+10) 97,516.00
II. DIRECT CLIENT ASSISTANCE PLAN
Type of Assistance:
Estimated # of Estimated Cost Per
Households to be Household
Served
Estimated
Expenditures
Col. 1 x Col. 2
I
Home Energy 175 150.00 26,330.00
Crisis 176 350.00 61,873.00
Weather Relatedl Supply 8 250.00 2,000.00
Shorta e
TOTAL 359 90,203.00
44
L1HEAP
ATTACHMENT K
III. ADMINISTRATIVE AND OUTREACH EXPENSE BUDGET DETAIL (Lines 2-3)
Line Item EXPENDITURE DETAIL L1HEAP FUNDS
Number (Round up line items to dollars. Do not use cents and
decimals in totals)
Administrative Expenses:
Travel 300.00
Other:
1. Phone/Postage 523.00
2. Rental/Copy 2,290.00
3. Maintenance Agreement 2,500.00
4. Printing and Binding 300.00
5. Office Supplies 650.00
6. Operating Supplies 750.00
2. Total Administrative Expenses 7,313.00 7,313.00
3. Total Outreach Expenses -0- -0-
4. Home Energy Assistance 26,330.00
5. Crisis Assistance 61,873.00
6. Weather Related/Supply Shortage 2,000.00
7. Total Direct Client Assistance 90,203.00
11. Grand Total 97,516.00
45
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ATTACHMENT M
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:_Monroe County Board of County Commissioners
Indicate by checking one of the boxes below, if you are requesting an advance. Ifan advance payment is requested, budget data
on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(l6)(a)(b),
Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs ofthe recipient within the initial
three months.
I XI NO ADVANCE REQUESTED
I I ADVANCE REQUIRED
No advance payment is requested. Payment will be
made solely on a reimbursement basis. No additional
information is required.
Advance payment of $ is requested. Balance of payment will be
made on a reimbursement basis. These funds are needed to pay staff, award
benefits to clients, duplicate forms and purchase start-up supplies and
equipment. We would not be able to operate the program without this advance
ADVANCE REQUEST WORKSHEET
lfyou are requesting an advance, complete the following worksheet.
DESCRIPTION (A) (B) (C) (D)
FFY 2004 FFY 2005 FFY 2006 Total
I INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3 AVERAGE PERCENT EXPENDED IN FIRST THREE %
MONTHS -mivide line 2 bv line I.l
First three months expenditures need to be provided for the years in which you requested a LIHEAP contract. If you do not have this information, call
your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED:
X $
= $
L1HEAP Award Maximum Advance
Cell 03
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[ J Recipient has no previous history LIHEAP contract. Complete Estimated Expenses chart and explanation of circumstances below.
[ J Recipient has exceptional circumstances that require an advance greater than the first three months expenditures of the previous three years.
Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional pages if needed.
ESTIMATED EXPENSES CHART
BUDGET CATEGORY 2007-2008 Anticipated Expenditures for First
Three Months of Contract
ADMINISTRA TIYE COSTS (Include Secondary Administration.)
PROGRAM EXPENSES
TOTAL EXPENSES
EXDlanation of Circumstances:
47
SUPPORTING DOCUMENT A TION
ATTACHMENT - N
FIDELITY BOND
The following page (page 49) is a copy of the Monroe County Board of County
Commissioners' Fidelity Bond Agreement.
48
" A,.,.,Dn
:~~
"
eE~TIf,..ICATiQFPRQPERti IN$Uf&\t4CS
',' ,'--,., , .,' ,- . ""-' .,','"
J1~oouce.~
Arthur J. Gallagher
Arthur J. Gallagher
2255 ~lade. Road
Suie. 400i:
Boc. Raton, FL 33431
1-561-995-670(;
li.k M.n~9...ne Service.
. Co. (Plorid.)
D,ll,TE/MMIODiY'fj
01/24:/07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE OOES NOT P.MEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERA~L_~.__
CC>>AP_
A
Traveler. Ca. , Surety Co
I'liSl.M~:O
MODl:'Ce C':;'.l.nty Board of Cou.nty C":ami..1at'.~r.
COMPANY
B
1100 Simontou Street, ~oom .2-274
COMPANY
C
Key W~dt. FL 33040
e~iJlIa::.
lillS IS 1"0 c...m~v THAT THe ;~Oi.,Clt.S OF !'1SiJi{ANC::. LiSke BelOW H.4.VE BEE.'" ISSuED TO THE I'iSJREJ "'AMEJ ABOVE FOR THe cOUCVJt:qK)O
I~.JICAT:..J, "IOr.."-'ITH$TAN.J!\IG A~~'" ~LQLJI"(:...ML.\,jT, L_~ O~ CC~jiJlrlO'" OF A.\l"f CO"'JfRACT OR OTHI;;.R )OCUMt;;:\IT WITH "l;;sc:=..:CT TO WHICH THIS
CEQTlflCATE MAY B~ ISSuEJ OR MAY ',:lERTA'N, THS i~SiJRANC~ AFFORDED BY THE ?OUClt::S )tSC:~IBt::D HEREI"'lIS SJa:;:CT TO All. THE. I;:;~'AS,
;='XCL~Slq!!S A.....J CO\lJITtO~1S OF S~JCH fJOllcrcs liMns SHOW~ MAV HAVE Bt::E~ "ft:oucm BY .lAlO CLAIMS.
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n.
rYPE o~ !~SUj;!A"lCE
POLICY NUM8€R
r POliCY IOFFECTlVE rouCY I:XPIRAlIO/lf;
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LIMITS
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10/01/06
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10/01/01
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,"O~A: .eN 0,. , ~...II,.,~:g,CI~S'IUVi JON or H.;:Of-'<..tl.1 1
Jblh.' Xatploy.. Oillhan..ey P,,11C.Y Covere d,i.hon....t aCe'1I of Off'!..::.r. -MId. Rm.pl"y... a. <i_tined
y eh., poli<:y dnd .'i1ubj'\!lce to teraa -ind .::cnditionll of 1~~V9r<lQ'. fl)rm.
,ptel,ll,l CO,,"CITIOJrtS/OTHt.R COVER"GIOI
CU....FIC...li HOU1E~
llAllCEtLATiON
_.__._----_...~_.-...
SHOULD ANY OF ~HE "'80\1[: OESCRI8eD I"OllCIES BE CMrlCElLE:) BEFORE ll-'E
l;.;U'IRA',OJrj JAIl. .1:1'tI;OI', -lit. :>SU'I'fG COMP.'NY Wit.L '"IHH;.W~", TQ "'A:..
,~ :))1.1$ WHl~l'~J. NO 'ICE :01>;1:; C!:H'!f";'" E f"(C>t.:Jt:R "'AItII;O TO ~!-<t. Ll:.~l.
~UT !'~llURE ~o U"",l ::'UCI-< rtO'T;CE SI-IAlL IIillPOse NO OBLIGATiON 0</ LLAElILlT'f
0+ ..."'Y KINO 0..1'0,. THE ~O"I'ANY, "9 r,01:.N19 Off fU:P'''''SE~!!:~
ft..jTHQJt.iE;)REPW.IOSu,j-,'",r,'l'E /;;;'?,.d //
v)(/"~_
<) ...CUIIIl CORPORATION ".,
~--_.~----
Mon~c<!l Co,ru;y Bo.rd of County CoTWtli:!lEliQnerll
~l:l r j.i S":......~~ 't
!..;.0') ~::,..;!::t::';:n '';~r(..,'':. ::m If ....-;4
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5:,7J.1',6
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Attachment - N, Page 49
SUPPORTING DOCUMENTATION
A TT ACHMENT - 0
UTILITY VENDOR AGREEMENTS
The following pages (pages 51 and 52) are ORIGINAL DOCUMENTS. These
documents are the required "Utility Vendor Agreements" that have been signed by
officials from Keys Energy Services and Florida Keys Electric Cooperative Association,
Inc., as well as the Mayor of Monroe County.
50
o
~
i>
I
LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
UTILITY VENDOR PAYMENT AGREEMENT
The undersigned home energy supplier hereby agrees to meet the following conditions in
order to receive vendor payments to the home energy assistance and crisis assistance
categories of the Low Income Home Energy Assistance Program tha:
1. Eligible households will only be charged, through the company's normal
billing process, the actual unpaid difference between the vendor payment
made through the program and the actual remaining unpaid cost of home
energy.
2. Households receiving assistance under the program will not be treated
adversely because of receipt of this assistance.
3. Eligible households on whose behalf a vendor payment is received, either in
the cost of goods supplied or in the services provided, will not be
discriminated against.
4. Only electric utility bills for energy consumption are eligible for payment,
except when notified by the agency making the payment that it is a crisis
payment.
5. When the benefit to the client does not pay the complete charges owed by the
client, that the client is responsible for the remaining owed.
6. The local LIHEAP provider will render payment within 10 days of client's
initial appointment with LIHEAP. The vendor will notify LIHEAP Director
within 5 days after the expiration of the above stated period if payment has
not been made.
Keys Energy Services
Company Name
(305) 295-1000
Company (Area Code) and Telephone Number
1001 James Street
Street Address or Post Office Box
Key West Florida
C~ &~
Lynne E. Tejeda, General Manager & CEO
Name and Title of Authorizing Company Official
~../'
(.::;r..t:. './ ./ ----
Signature of Aut 'zing Company Official
((Jail {)( Gwn aAD
Na and Title of Autho . 1
/kA'"'-"
33040
Zip Code
'/3-::-/07
Date
Signature of Authorizing Agency (Monroe County) Official Date
Attachment - 0, Pal!e 51
i~
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m
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LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
UTILITY VENDOR PAYMENT AGREEMENT
The undersigned home energy supplier hereby agrees to meet the following conditions in
order to receive vendor payments to the home energy assistance and crisis assistance
categories of the Low Income Home Energy Assistance Program:
I. That eligible households will only be charged, through the company's
normal billing process, the actual unpaid difference between the vendor
payment made through the program and the actual remaining unpaid cost of
home energy.
2. That households receiving assistance under the program will not be treated
adversely because of receipt of this assistance.
3. That eligible households on whose behalf a vendor payment is received,
either in the cost of goods supplied or in the services provided, will not be
discriminated against.
4. That only electric utility bills for energy consumption are eligible for
payment, except when notified by the agency making the payment that it is a
crisis payment.
5. That when the benefit to the client does not pay the complete charges owed
by the client, that the client is responsible for the remaining owed.
Florida Keys Electric Cooperative Association, Inc.
Company Name
(305) 852-2431
Company (Area Code) and Telephone Number
91605 Overseas Highway PO Box 377
Street Address or Post Office Box
Tavernier
City
"-
Q
Q
N
-4
"'l
Q)
I.AJ
~
Florida
State
33070-0377
Zip Code
Scott Newberry, Chief Executive Officer
Name and Title of Authorizing Co any Official
~
I t
~"and Title of Auth
~
Signature of Autho lzing Agency (Monroe County) Official
,:~-...
Attachment - 0, Page 52
SUPPORTING DOCUMENT A TION
ATTACHMENT - P
WEATHERIZATION ASSISTANCE PROGRAM
No Weatherization Assistance Program (W AP) Providers serve Monroe County at this
time.
53
SUPPORTING DOCUMENT A TION
ATTACHMENT - Q
COpy OF THE MEMORANDUMS OF AGREEMENT BETWEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND
THE EMERGENCY HOME ENERGY ASSISTANCE FOR THE
ELDERLY PROGRAM (EHEAP) PROVIDER.
The following pages are copies of the Memorandums of Agreement (MOA) between the
Momoe County Board of County Commissioners AND the Emergency Home Energy
Assistance for the Elderly Program (EHEAP) Provider, the Alliance for Aging, Inc. Also
included are three (3) EHEAP Intake Center Referral Agreements (one each for the
Upper, Middle and Lower Keys).
54
O.\(~rv ~O~~!!~E
(305) 294-4641
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BOARD OF COUNTY COMMISSIONERS
Mayor Mario Di Gennaro, District 4
Mayor Pro Tem Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy I District 3
Sylvia J. Murphy, District 5
SOCIAL SERVICES DEPARTMENT
Community Services Division
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 1-202
Key West, Florida 33040
(305) 292-4592
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January 18, 2007
Ms. Lisa Mele
Elder HelpLine Supervisor
Alliance for Aging, Inc.
9500 S. Dadeland Blvd., Suite 400
Miami, FL 33156
Re: Memorandum of Agreement between EHEAEP and LlHEAP
EHEAEP Intake Center Referral Agreements (Upper, Middle and Lower Keys)
Dear Ms. Mele:
Attached to this memorandum, please find FOUR copies of each of the following documents:
Memorandum of Agreement between EHEAEP and LlHEAP
EHEAEP Intake Center Referral Agreement -- Upper Keys
EHEAEP Intake Center Referral Agreement -- Middle Keys
EHEAEP Intake Center Referral Agreement - Lower Keys
These documents have been executed by Monroe County and are ready for your handling. Please be sure
that the sets marked Monroe County Clerk's Office Oril.!inaI and Monroe County Finance
Department's Oril.!inaI are signed, dated, and returned to my attention as quickly as possible. For your
convenience, yellow notes have been attached to each copy that needs to be returned to me.
If I can provide any additional information, please let me know.
Sincerely,
.:( -) ') ./
'--- <,.,-"-;.>t:a-.>f.a--d<'
Sheryl L. Graham
Compliance Manager
Social Services Department
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Clelf( of lbe
Circul Coun
Danny L. Kolhage
Office (305) 292-3550 Fax (305) 295-3663
Memnrandum
To:
Debbie Barsell. Director
Community Services Division
Attn:
Sandy Molina
Isabel C. DeSantis, ~1
Deputy Clerk ~
From:
Date:
Wednesday, January 03. 2007
At the BOCC meeting on December 20, 2006, the Board granted approval and
authorized execution of the following:
Memorandum of Agreement between Monroe County and Emergency Home
Energy Assistance for the Elderly Program (EHEAEP)/A1liance for Aging, Inc., and
Low-Income Energy Assistance Program (LIHEAP)/Monroe County BOCC and approval
ofEHEAEP Intake Center Referral Agreements for the three intake centers throughout
Monroe County - Lower/Middle/Upper Keys
Enclosed please find are four (4) sets of each document executed by Monroe
County for your handling. Please be sure that the sets marked Monroe County Clerk's
Office Orieinal and Monroe County Finance Deoartment's Orieinal are returned
to this office as qUickly as possible. Should you have any questions, please do not
hesitate to contact me.
cc: Finance, wlo doc.
County Attorney
File
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Memorandum of Al!reement
Between
Emergency Home Energy Assistance for the Elderly Program (EHEAEP)
and
Low-Income Energy Assistance Program (LIHEAP)
The undersigned providers of energy assistance programs agree to coordinate services for
households containing a member of 60 years of age or older. This coordination will
prevent duplicate crisis assistance payments during the same heating and cooling seasons.
Client records will be maintained by both agencies, which include the type of assistance
requested, the date requested, the disposition of the application and if approved, the
amount of payment to the vendor.
All parties will work together to increase the quality of services provided to seniors in
need of this service in Monroe County.
1,/ ~)
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Signature of Authorizing Cimpany Official
for the EHEAEP PrograTllrritle
Alliance for Aging, Inc:
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Date
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Signature of Authorizing Company Official
for the Monroe County LIHEAP Program/Title
Date
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~ONROE COUNTY ATTORNEY
/~P1\"OVEO AS ~
( __ 1, ....( ,
::.~ ~ZANNE. H TTON
</~at. C~~~Tj;~r!~)lN~Y__
F0I111 Prepared by:
Alliance for Aging. Inc., Elder Helpline
9500 S. Dadeland Blvd. Suite #440
:l,liami, FL 33156
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EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELDERLY PROGRAM (EHEAEP)
INTAKE CENTER REFERRAL AGREEMENT
This Referral Agreement between the Alliance for Aaina. Inc., the Area Agency on Aging (AAA) for
Planning and Service Area (PSA) 11 and Mnnrr,,' r"'mty rnmmllni ty SlIpport Services/Lower Kevs
the Intake Center, shall begin on the date the agreement has been signed by both parties, whichever is
later. This referral agreement is in effect for a period of time that is equal to the Intake Center's voluntary
enrollment period in the EHEAEP program. One purpose of this agreement is to promote the
development of a coordinated service delivery system to meet the energy needs of the aged. Another
purpose of this agreement is to enable eligible elderly participants to access the EHEAEP program in a
convenient manner by going to the intake center nearest to their place of residence. Both parties agree
to and will treat each participant with dignity and respect.
I. Objectives
A. To maintain a climate of cooperation and consultation with and between agencies, in order to
achieve maximum efficiency and effectiveness.
B. To promote programs and activities designed to prevent the premature institutionalization of
elders and disabled adults.
C. To require the parties of this Agreement to provide technical assistance and consultation to each
other on matters pertaining to EHEAEP benefits and share appropriate information so
duplication may not occur.
D. To establish an effective working relationship between the Intake Center responsible for the
initial assessment and verification of need, and the AAA that is responsible for management
and oversight of the EHEAEP program.
II. Under this Agreement, the Intake Center agrees to the following:
A. To accept referrals at large from any elderly individuals in the community experiencing an
energy emergency crisis and in need of assistance.
B. To provide quality service(s) to the EHEAEP applicant.
C. To obtain all documentation required under EHEAEP guidelines in order to establish that an
energy crisis exists and that the applicant meets all pertinent eligibility requirements.
D. To maintain the EHEAEP applicant's confidentiality according to 42 CFR 431.301.
E. To forward all information obtained and any required documentation to the EHEAEP
Coordinator at the Alliance for Aging Elder Helpline for case approval and processing.
G. To adhere to the requirements and the policies and procedures outlined in the EHEAEP
manual.
III. Under this Agreement, the Area Agency on Aging agrees to the following:
A. To oversee the processing of all requests for assistance on behalf of eligible elderly individuals.
B. To provide technical assistance and training to Service Providers.
C. To complete a new referral agreement signed by all parties as appropriate.
?to d.
IV. Termination
In the event this agreement is terminated, the Intake Center agrees to submit, at the time notice of intent
to terminate is delivered, a plan which identifies procedures to ensure services to consumers will not be
interrupted or suspended by the termination.
A. Termination at Will
This agreement may be terminated by any party upon no less than thirty (30) calendar days
notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing.
Said notice shall be delivered by certified mail, return receipt requested, or in person with Proof
of delivery.
B. Termination for Breach
Unless a breach is waived by the area agency in writing, or the parties fail to cure the breach
within the time specified by the area agency, the area agency may, by written notice to the
parties, terminate the agreement upon no less than twenty-four (24) hours notice. Said notice
shall be delivered by certified mail, return receipt requested, or in person with proof of delivery.
In witness whereof, the parties have caused this 2 page agreement to be executed by their undersigned
officials as duly authorized.
Area Agency on Aging "
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.'( ~ t-'>::J 1100 Simonton Street, Key West, FL
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MONROE COUNTY ATTORNEY
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. /" ~UZANNE A: HUTTON
. cou~ Y;rrTO~NEY
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EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELDERLY PROGRAM (EHEAEP)
INTAKE CENTER REFERRAL AGREEMENT
This Referral Agreement between the Alliance for AClinCl, Inc., the Area Agency on Aging (AAA) for
Planning and Service Area (PSA) 11 and Monroe County Communi ty Support Sprv; CP" 1M; dd 1 e Keys
the Intake Center, shall begin on the date the agreement has been signed by both parties, whichever is
later. This referral agreement is in effect for a period of time that is equal to the Intake Center's voluntary
enrollment period in the EHEAEP program. One purpose of this agreement is to promote the
development of a coordinated service delivery system to meet the energy needs of the aged. Another
purpose of this agreement is to enable eligible elderly participants to access the EHEAEP program in a
convenient manner by going to the intake center nearest to their place of residence. Both parties agree
to and will treat each participant with dignity and respect.
I. Objectives
A. To maintain a climate of cooperation and consultation with and between agencies, in order to
achieve maximum efficiency and effectiveness.
B. To promote programs and activities designed to prevent the premature institutionalization of
elders and disabled adults.
C. To require the parties of this Agreement to provide technical assistance and consultation to each
other on matters pertaining to EHEAEP benefits and share appropriate information so
duplication may not occur.
D. To establish an effective working relationship between the Intake Center responsible for the
initial assessment and verification of need, and the AAA that is responsible for management
and oversight of the EHEAEP program.
II. Under this Agreement, the Intake Center agrees to the following:
A. To accept referrals at large from any elderly individuals in the community experiencing an
energy emergency crisis and in need of assistance.
B. To provide quality service(s) to the EHEAEP applicant.
C. To obtain all documentation required under EHEAEP guidelines in order to establish that an
energy crisis exists and that the applicant meets all pertinent eligibility requirements.
D. To maintain the EHEAEP applicant's confidentiality according to 42 CFR 431.301.
E. To forward all information obtained and any required documentation to the EHEAEP
Coordinator at the Alliance for Aging Elder Helpiine for case approval and processing.
G. To adhere to the requirements and the policies and procedures outlined in the EHEAEP
manual.
III. Under this Agreement, the Area Agency on Aging agrees to the following:
A. To oversee the processing of all requests for assistance on behalf of eligible elderly individuals.
B. To provide technical assistance and training to Service Providers.
C. To complete a new referral agreement signed by all parties as appropriate.
5'1. t.
IV. Term ination
In the event this agreement is terminated, the Intake Center agrees to submit, at the time notice of intent
to terminate is delivered, a plan which identifies procedures to ensure services to consumers will not be
interrupted or suspended by the termination.
A. Termination at Will
This agreement may be terminated by any party upon no less than thirty (30) calendar days
notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing.
Said notice shall be delivered by certified mail, return receipt requested, or in person with proof
of delivery.
B. Termination for Breach
Unless a breach is waived by the area agency in writing, or the parties fail to cure the breach
within the time specified by the area agency, the area agency may, by written notice to the
parties, terminate the agreement upon no less than twenty-four (24) hours notice. Said notice
shall be delivered by certified mail, return receipt requested, or in person with proof of delivery.
In witness whereof, the parties have caused this 2 page agreement to be executed by their undersigned
officials as duly authorized.
Area Agenc;y on Aging
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490 fi1rn Strppt(Orp.~n). M~rRthon. FL
33050
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MONROE COUNTY ATTORNEY
~;R~~~~tzr%:
( '..sUZANNE A: HUTTON
Date CO~~T)1~~~EY
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EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELDERLY PROGRAM (EHEAEP)
INTAKE CENTER REFERRAL AGREEMENT
This Referral Agreement between the AI/iance for Aqinq, Inc., the Area Agency on Aging (AAA) for
Planning and Service Area (PSA) 11 andMnnrnp r:nllnry r:nmmllni ty Support Services/Upper Keys,
the Intake Center, shall begin on the date the agreement has been signed by both parties, whichever is
later. This referral agreement is in effect for a period of time that is equal to the Intake Center's voluntary
enrollment period in the EHEAEP program. One purpose of this agreement is to promote the
development of a coordinated service delivery system to meet the energy needs of the aged. Another
purpose of this agreement is to enable eligible elderly participants to access the EHEAEP program in a
convenient manner by going to the intake center nearest to their place of residence. Both parties agree
to and will treat each participant with dignity and respect.
I. Objectives
A. To maintain a climate of cooperation and consultation with and between agencies, in order to
achieve maximum efficiency and effectiveness.
B. To promote programs and activities designed to prevent the premature institutionalization of
elders and disabled adults.
C. To require the parties of this Agreement to provide technical assistance and consultation to each
other on matters pertaining to EHEAEP benefits and share appropriate information so
duplication may not occur.
D. To establish an effective working relationship between the Intake Center responsible for the
initial assessment and verification of need, and the AAA that is responsible for management
and oversight of the EHEAEP program.
II. Under this Agreement, the Intake Center agrees to the following:
A. To accept referrals at large from any elderly individuals in the community experiencing an
energy emergency crisis and in need of assistance.
B. To provide quality service(s) to the EHEAEP applicant.
C. To obtain all documentation required under EHEAEP guidelines in order to establish that an
energy crisis exists and that the applicant meets all pertinent eligibility requirements.
D. To maintain the EHEAEP applicant's confidentiality according to 42 CFR 431.301.
E. To forward all information obtained and any required documentation to the EHEAEP
Coordinator at the Alliance for Aging Elder Helpline for case approval and processing.
G. To adhere to the requirements and the policies and procedures outlined in the EHEAEP
manual.
III. Under this Agreement, the Area Agency on Aging agrees to the fOllowing:
A. To oversee the processing of all requests for assistance on behalf of eligible elderiy individuals.
B. To provide technical assistance and training to Service Providers.
C. To complete a ne'N referral agreement signed by all parties as appropriate.
5LI. h,
IV, Term ination
In the event this agreement is terminated, the Intake Center agrees to submit, at the time notice of intent
to terminate is delivered, a plan which identifies procedures to ensure services to consumers will not be
interrupted or suspended by the termination.
A. Termination at Will
This agreement may be terminated by any party upon no less than thirty (30) calendar days
notice, without cause, unless a Jesser time is mutually agreed upon by both parties, in writing.
Said notice shall be delivered by certified mail, return receipt requested, or in person with Proof
of delivery.
B. Termination for Breach
Unless a breach is waived by the area agency in writing, or the parties fail to cure the breach
within the time specified by the area agency, the area agency may, by written notice to the
parties, terminate the agreement upon no less than twenty-four (24) hours notice. Said notice
shall be delivered by certified mail, return receipt requested, or in person with proof of delivery.
In witness whereof, the parties have caused this 2 page agreement to be executed by their undersigned
officials as duly authorized.
Area Agency on Aging
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88820 Overseas Highwav (Gulf), Plantation Key, FL
33070
Ii tie
date
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MONROE COUNTY ATTORNEY
~P~~,~~Ec~'W!l~:
~"~UZANNE . HUTTON
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SUPPORTING DOCUMENT A TION
ATTACHMENT- R
OUTREACH OFFICES
The following Outreach Offices provide LIHEAP services:
Lower Keys
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 1-200
Key West, FL 33040
305-292-4408 (phone)
305-295-4376 (fax)
County Served: Monroe County
Middle Keys
Marathon Government Annex
490 63rd Street Ocean, Suite 190
Marathon, FL 33050
305-289-6016 (phone)
305-289-6013 (fax)
County Served: Monroe County
Upper Keys
Plantation Key Government Center
88820 Overseas Highway, MM 88.8
Tavernier, FL 33070
305-852- 7125 (phone)
305-852-7159 (fax)
County Served: Monroe County
55