03/19/2008 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 25, 2008
TO:
Deb Barsell, Director
Community Services Division
ATTN:
Sheryl Graham
Social Services
FROM:
Pamela G. Hanc~
Deputy Clerk U
At the March 19, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the Low Income Home Energy Assistance Program
Federally Funded Subgrant Agreement Number 087EA-7B-II-54-01-019 between Monroe
County and the State of Florida, Department of Community Affairs for the provision of funds to
pay electric bills for low income clients.
Enclosed are five 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
File .I
l\~ei!n'Ug tTJZ.!2Zt"i acrn:'D O~OO Or~g:~~
L1HEAP FY 2008-2009
CFDA NUMBER: 93.568
Contract Number: 08EA-7B-11-54-01-019
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
"Department"'), and Monroe Countv Board of Countv 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 subgrant 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 Agreeme,nt.
NOV\!, 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) ~NCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicabie State and Federal
laws, rules and reguiations, including but not limited to those identified in Attachment B.
(3) f'ERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties, or March 1. 2008, whichever is
earlier, and shall end March 31. 2009, unless terminated earlier in accordance with the provisions of
Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
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 Re~lister 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87, "Cost
Principles for State and Local Governments," OMS Circular No. A-21, "Cost Principles for Educational
Institutions," or OMS 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 A!lreement, 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. Thll 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.
3. Records relating to real property acquisition shall be retained for five years after the
closing on the transfer of title.
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(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be 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.
(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) ,II.UDIT 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., 10Gal 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 government 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 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
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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 exp'~nded 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 th'9 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 OMB 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 dlrectlv to each of the
following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[iln electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us]
and
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:
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Federal Audit Clearinghouse
Bureau of the Census
1201 East 10t" Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-1:l3, as revised.
(f) Pursuant to Section .320 (f), 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 Generai
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[lIn electronic copy shall also be submitted to aurilla.parrish@dca.stateJI.us]
and
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 governmentai entities) or 10.650 (nonprofit and for-
profit organizations), Ruies of the Auditor General, as applicabie.
(h) Recipients, when submitting financiai 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 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.
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U) 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, Fla. 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 subrecipients 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 31', 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
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.
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(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met, the Scope of Work and Budget 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 wllth 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 contract 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 Rel;ipient 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 by third
parties arisin'9 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
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agrees to bllliable 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 bll sued by third parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), 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 after the happening of any Events of Default
without themby 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 Agreem1lnt 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;
(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 Default, then the Department may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently
or consecutively:
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(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 legai or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all 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 governing the use of funds under this
program.
(f) 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
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.
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(12) TERMINATION
(a) The Department may terminate this Agreement for cause upon thirty (30) days
written noticle. 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 pulJlic 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 for convenience or 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 mceipt 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 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 Lemmo, Community Program Administrator
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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Telephone: (850) 488-7541
Fax: (850) 488-2488
Email: Paula.Lemmo@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 Attachment I, Recipient Information, Section III (b) 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, and (iii) the subcontractor shall hold the Department
and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
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 subcontract, 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.
(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.
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Monroe County Board of County Commissioners
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fuMy 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 controlUng, 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 Regulalions
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 Regartling Debarment
Attachment I. Recipient Information
Attachment J. Budget Summary and WorkpIan
Attachment K. Budget Deta~
Attachment L. Multi-County Fund Distribulion
Attachment M. Justification of Advance Payment
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shaM be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $101.299
subject to thl! availability of funds and appropriate budget authority. The Recipient is authorized to incur
costs in an amount not to exceed $37 243 unlil further notificalion is received by the Department. As
funds and budget authority are available, changes to the costs the Redpient may Incur win be
accomplished by notice from the Department to the Recipient, in the form of certified mail, retum receipt
requested, tl,the Recipient's contact person 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 01 the written nolice from the Oepartmenl.
(b) Any advance payment under this Agreement is subject to Section 216.181 (16),
FIa.Stat., and is conIingent upon the Recipient's acceptance of the rights of the Department under
1l
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 contract term. For a
federally funded contract, any advance payment is also subject to federal OMB Circulars A-8?, A-11 0, 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.
(c) 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 of
and Budget Summary and Workplan, Attachment J of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by Congress,
the state Lellislature, the Office of the Chief Financial Officer or the Office of Management and
Budgeting, alii obligations on the part of the Department to make any further payment of funds hereunder
shall terminclte, 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 be
made payabl'e to the order of "Department of Community Affairs," and mailed directly to the Department
at the following address:
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, thll Recipient shall pay to the Department an additional service fee of Fifteen Dollars ($15.00)
or Five Perce,nt (5%) of the face amount of the returned 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
13
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 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
incorporatecl 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 the Circuit Court of Leon County. If any provision
hereof is in Gonflict 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.
(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.
(f) 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
14
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 consuitant 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 th,e 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 federai 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, 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 complete,:J "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement.
15
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.
UJ 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 contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor WllO 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 DepartmElnt.
(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.
16
(0) Unless inconsistent with public interest or unreasonable in cost, all unmanufactured
and manufactured articles, materials and supplies which are acquired for public use under this
Agreement must have been produced in the United States as required under 41. U.S.C. 10a.
(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
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 subcontracts, 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
17
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file tile 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 ,Il,greement 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 dis,;overy or invention to the Department for a determination whether patent protection will be
sought in thEl 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 performance under this
Agreement Eire hereby transferred by the Recipient to the State of Florida.
(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
know could ~Iive rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights Wllich accrue during performance of the Agreement.
18
(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
(24) ASSURANCES
possesses the authority to legally execute and bind Recipient to the terms of this Agreement.
The Recipient shall compiy with any Statement of Assurances incorporated as
Attachment E.
their undersigned officials as duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
RECIPIENT
Monroe County Boa
County Commissi
(Type Na e
By:
or/Chairman
Date: March 19. 2008
59-60001-49
(Federal l~niiffllliOOA.NUn)ber)
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOllOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program,
provide the same information shown below for each Federal program and show total Federal
resources awarded.
Federal Agency:
CFDA'Title:
CFDA Number:
Grantee:
Funding AmI:
United States Department of Health and Human Services
low Income Home Energy Assistance Program (L1HEAP)
93.568
Monroe Countv Board of Countv Commissioners
$101.299
'Catalog of Federal Domestic Assistance
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
1. Services/Purposes resources must be used for:
The Recipient will use the L1HEAP funds to provide energy payment assistance to iow
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
Worlcplan, Attachment J, and applicable OMB Circulars.
2. Eligibility requirements for recipients of the resources:
The Recipient will comply with applicable OMB Circuiars and eligibiiity requirements as set
forth in U.S. Department of Heaith 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. N/A
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:
N/A
NOTE: Section AOO(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information 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 or disabled individuals, young children and those with the highest
percentage of their income required to pay for their home energy 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 (WAP) 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 L1HEAP recipients who have received more than three L1HEAP
benefits in the last 18 months and who are homeowners, are referred to the W AP provider.
C. Mak.e home visits or conduct telephone interviews to home-bound clients, especially the elderly
or d,isabled, for completion of the program application or eligibility determination when other
assistance is not adequate.
D. Make L1HEAP 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 two party check.
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.
21
L1HEAP
ATTACHMENT A
SCOPE OF WORK
G. Establish a 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. Whe,n 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. Whe,n 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. Names and ages and identification documentation of all household members;
3. Income amount and method of verification for all household members;
4. Income Documentation to support eligibility;
5. Statement of self-declaration of income if applicable;
6. Statement of maintenance if household income is less than 50% of the Federal
Poverty level;
7. Date client was interviewed;
8. Services provided;
22
L1HEAP
ATTACHMENT A
SCOPE OF WORK
9. Copies of approval or denial letters provided to the client;
10. If preference is given due to a disability, documentation of such, disability income or
pl1ysician's statement;
11. Documentation of client's obligation to pay an energy bill.
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
proce,ss 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 also be posted In a prominent place within the office where it is on view for all
applicants.
O. The Hecipient 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
burd'~n and the unique situation of such households that results from having members of
vulnE.rable 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.
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 Hecipient shall agree to treat owners and renters equitably under the Agreement.
23
L1HEAP
ATTACHMENT A
SCOPE OF WORK
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 applicabie 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.
(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.
24
L1HEAP
ATTACHMENT A
SCOPE OF WORK
(5) Applicants receiving Food Stamps or have applied for and are currently eligible
for Weatherization Assistance Program (WAP) or Community Services Block
Grant (CSBG) funds automatically qualify for L1HEAP; however, the benefit
levels are the same as other qualified applicants.
(6)' To receive crisis assistance, the applicant must have a verifiable home energy crisis.
(7) If the applicant lives in government subsidized housing, the Recipient must determine if all
or part of their utility costs are paid directly or indirectly by the government and take the
following actions:
(a) The applicant is not eligible for assistance if their home heating and cooling costs are
totally included in their rent and they have no obligation to pay any portion of the
costs.
(b) If the applicant receives an energy allowance or subsidy, subtract the amount of the
allowance or subsidy available to the applicant during the period covered by the utility
bill from the allowable L1HEAP benefit calculated for the household.
(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 in a written policy what criteria and verification will be used to
determine if a household has a "home energy crisis" and eligible for crisis assistance.
25
L1HEAP
ATTACHMENT A
SCOPE OF WORK
The policy must encourage households to seek assistance prior to incurring non-energy
penalties such as disconnect/reconnect fees, additional deposit, interest or late payment
penalties, etc.
(3) The Recipient will not charge applicants a fee or accept donations from an applicant
to provide lIHEAP 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 lIHEAP policies and procedures.
(7) The Recipient will furnish training for all staff members assigned responsibilities for the
program.
(8) 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.
(9) The Recipient must have adequate procedures in place to ensure that lIHEAP funds
are appropriately budgeted and expended to sufficiently allow for energy assistance
benefits in both the heating and cooling seasons.
(10) The Recipient will operate both program components in a manner that makes them
available to all potentially eligible clients in their service area.
(11 ) The Recipient will secure and maintain an internet computer service and notify the
Department of its e-mail address.
(12) The Recipient will post the following notice in a conspicuous place at all points where
lIHEAP applications are received: No money, cash or checks, will be requested or
received from customers in a lIHEAP office. If an employee asks for money, report this to
the agency Executive Director or Department Head.
26
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 Govemments," 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 1961 (Title XXVI of the Omnibus Budget
Rec.onciliation 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 64 - Nondiscrimination on the basis of handicap in programs and
activities receiving Federal financial assistance;
'27
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. Wilen 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. Pf;:OJECTS 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,
pr,ess 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
Fe,deral 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 Ruie and section .22 of OMB Circular A-11 0 as revised. Subcontractors shall
maintain advances of Federal funds in interest-bearing accounts unless one of the following
conditions. applies:
28
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
NON-PROFITS ONLY:
1. The Recipient or subcontractor receives less than $120,000 in total Federal awards per
year.
2. The best reasonably available interest bearing account would not be expected to earn
interest in excess of $250 per year on all Federal cash balances.
3. The depository would require an average or minimum balance so high that it would not
be feasible within the expected Federai and non-Federal cash resource. Interest earned
off cash advances shall be reflected on the monthly financial status report and the ciose-
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
ThEl 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 beiow:
29
L1HEAP
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 the budget revisions.
(e) None of the budget transfers may violate this Agreement or OMB Circulars
A-110, Common Rule, A-121 or A-8? 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.
(4) Only unobligated funds may be transferred from one line item to another line item.
30
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
G. BONDING
(1) Non-Profit Oroanizations: 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 Governments: 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 heid 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
declared by the President, the Governor or the Secretary of the Department as he/she
deems necessary. In the event of an emergency being officially declared, if the Recipient
31
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
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 totai Agreement budget, without additional written authorization. After
December 15, if no emergency has been deciared, the Recipient may aiiocate 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 wiii provide binding directives as to the aiiowable
expenditures of the funds. The Recipient wiii 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 shaii cooperate with, and
upon written request, participate with the Department in the hearing.
(5) Aii records, including supporting documentation of aii program costs, shaii be
sufficient to determine compliance with the requirements and objectives of the Scope of
Work, Attachment A, and aii other applicable laws and regulations.
32
L1HEAP
ATTACHMENT C
REPORTS
A Annual reports - 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
unspenlt funds, and the L1HEAP Final Program Report.
B. Monthl\' reports - The L1HEAP Monthly Financial Status Report must be provided to the
Department by no later than the twenty-first (21 ,j 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 Househoid Quarterly
Program Report must be provided to the Department by no later than the twenty-first (21st) 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 Deveiopment
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Fax: (850) 488-2488
33
LIHEAP
ATTACHMENT 0
PROPERTY MANAGEMENT AND PROCUREMENT
A. All such property purchased under this Agreement shall be inventoried annually and an
invemtory 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 I~ecipient 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.
34
LIHEAP
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. Stat.. 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
Energ:f 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
35
L1HEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
(1) The Recipient possesses the legal authority to administer the program as approved by the
Recipient's governing body, including all assurances contained herein.
(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 pllrmitted in any portion of any indoor facility owned or leased or contracted for by an
36
LIHEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
entity and used routinely or regularly for the provision of heaith, 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
agmements, loans or loan guarantees, and contracts. The law does not apply to children's
services provided in private residences, facilities funded solely by Medicare or Medicaid
funds, and portions of facilities used for inpatient drug and alcohol treatment. The Recipient
furttler 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.
(11) The Recipient will have a published and publicized local outreach office number when the
outmach office is open a minimum of 40 hours per week, or toll.free telephone number.
37
L1HEAP
ATTACHMENT F
SPECIAL CONDITIONS
A. The Recipient and its subrecipients shall comply with the following special conditions:
NONE
B. Failure of the Recipient or its subrecipients to comply with the speciai conditions under this
Agreement shall be cause for the immediate suspension of payments, and may be cause for the
immediate termination of this Agreement.
38
LIHEAP
ATTACHMENT G
WARRANTIES AND REPRESENTATIONS
Financial Manaaement
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.
(4.1 Comparison of expenditures with budget amounts for each Request For Payment.
Whenever appropriate, financial information shouid 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, oplm 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 tradEI, In order to ensure objective contractor performance and eliminate unfair competitive
advantage, contractors that develop or draft specifications, requirements; statements of work, invitations
for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards
shall be mad,e 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
39
L1HEAP
ATTACHMENT G
WARRANTIES AND REPRESENTATIONS
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 seiection, award, or administration of a contract supported by public grant funds if a real or apparent
confiict 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 discipiinary actions to be applied for violations of such standards
by officers, E,mployees, or agents of the recipient.
40
UHEAP
ATTACHMENT G
WARRANTIES AND REPRESENTATIONS
Business Hours
The Recipient shaH 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, exc;luding holidays.
Licensino and Pennitlino
All subcontractors or employees hired by the Recipient shall have aD current licenses and permits required
for aH of the particular work for which they are hired by the Recipient.
41
Attachment H
111111111111
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: --.mL CONTRACT PERIOD: Date of Sianina to March 31. 2009
r
FOR DCA USE ONLY
DATE RECEIVED: ~ ~EVISION(S) RECEIVED:
DCA CONSULT ANT: -::rirYl z,\ mtnet ml4w
....
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 President/Chairman (for corporations):
Name:_Charles "Sonny" McCoy
Title: _Mayor
Home or business address and telephone number other than Recipient's address:
_530 Whitehead Street
_Key West ,FL Zip Code: _33040_ 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 Street_1-202
_Key West , FL Zip Code: _33040
Telephone: (305) _292-4592_ 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: Sheryl Graham; Deb Barsell; Kim Wilkes
IV.
AUDIT
Recipient Fiscal Year: _October
to _September_
Auclit is due nine (9) months from the end of the recipient's fiscal year: _June
43
ATTACHMENT J
LIHEAP
BUDGET SUMMARY AND WORKPLAN
I. BUDGET SUMMARY
LIHEAP-FUNDS ONLY BUDGETED
1. LIHEAP FUNDS (No Leveraging Funds) 101,299
ADMINISTRA.:TIV'E' LASES
2. Salaries including Fringe, Rent, Utilities, Travel, Other 8,103
(Total cannot exceed 8% of Line 1
OUTREACH EXPENSES::.....:
3. Salaries including Fringe, Rent, Utilities, Travel, Other.
Total cannot exceed 15% of the difference between 5,000
Line 1 and Line 2. ,(Line 1 minus Line 2)x .15)
DIRECT CLIER ASSISTANCE
4. Home Energy Assistance (Must be at least 25% of Line 1) 27,000
5. Crisis Assistance 59,170
6. Weather Related/Supply Shortage
(Must be at least 2% of Line 1) 2,026
7. TOTAL DIRECT CLIENT ASSISTANCE (LINES 4+5+6) 88,196
LEVERAGING FUNDS:ONLY
8. Home Energy Assistance _0
9. Crime AttiStance t
10. TOTAL LEVERAGING (LINES 8 + 9) -o-
11. GRAND TOTAL (Lines 2+3+7+10) 101,299
IL DIRECT CLIENT ASSISTANCE PLAN
Type of Assistance: Estimated #of Estimated Cost Estimated
Households to Per Expenditures
be Served Household (Col. 1 x Col. 2)
Home Energy 180 150 27,000
Crisis 236.68 250 59,170
Weather Related/ Supply
Shortage 8.104 250 2,026
TOTAL
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)
2. Administrative Expenses: 8,103
Salaries, Including Fringe for Grant Coordinator
11 % LIHEAP, 35% CCE, 4% CCDA, 3% ADI,
3% OA3E, 11 % C2, 8% C1, 6% OA3B,
19% General Fund
237.41 hrs x $34.13/hr. (fully loaded w/fringe) = $8103
3. Outreach Expenses: 5,000
Travel: 1,000
Phone/Postage: 500
Printing, Copying, Binding 3,000
Operating Supplies: 500
4. Home Energy Assistance 27,000
5. Crisis Assistance 59,170
6. Weather Related/Supply Shortage 2,026
7. TOTAL DIRECT CLIENT ASSISTANCE 88,196
II. GRAND TOTAL 101,299
45
LIHEAP
ATTACHMENT L
MULTI-COUNTY FUND DISTRIBUTION
In the form below, describe how you plan to equitably allocate LIHEAP resources to each of the counties
you serve. This plan must be in part based on the 150% poverty population of each county. Provide
reasoning and numeric justification for distribution plan.
OF AGENCY'S
DIRECT CLIENT
COUNTY 150% POVERTY ALLOCATION ASSISTANCE
POPULATION DOLLARS
ALLOCATED TO THIS
COUNTY
N/A FOR %
MONROE COUNTY %
%
%
%
%
%
%
Total Budgeted Direct Client
Assistance2
If population data other than the 2000 U. S. Census is used, note and explain below.
2 Allocation must be equal to Attachment J, Budget Summary and Workplan, Line 7.
Explain the basis for distribution/calculation used to determine allocation.
46
ATTACHMENT M
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT: Monroe COllntv Board of COllntv Commissioners
CONTRACT NUMBER: 08EA-7B-11-54-01-019
Any advance payment under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes and Attachment D, Section D of this
Agreement. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three
months. The Recipient shall invest cash advances in compliance with section .21 (h) (2) (i) of the Common Rule, section .22 of
OMD Circular A-110 as revised and Attachment D, subsection D of this agreement.
[X] NO ADV ANn: REQUESTED
[ ] ADVANCE REQUIRED
No advance payment is requested. Payment will be made
solely on a reimbursement basis. No additional
infonnation 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 REOUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
DESCRIPTION (A) (B) (C) (D)
FY 2005 FY 2006 FY 2007 Total
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT EXPENDITURES'
3 AVERAGE PERCENT EXPENDED IN FIRST THREE
MONTHS IDivide line 2 bv line 1.\ %
1 First three months in which expenditures were reported need to be provided for the years you received a LIHEAP contract. If
you do not have tltis information, call your financial specialist and they will assist you.
MAXIMUM ADVANCE ALLOWED:
x $
= $
Maximum
Advance
Cell 03
L1HEAP Award
REOUEST FOR W AlVER OF CALCULATED MAXIMUM
Recipient has no previous history with LIHEAP contracts. Complete Estimated Expenses chart and explanation of
circumstances below.
Recipient has exceptional circumstances that require an advance greater than the average 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 2008-2009 Anticipated Expenditures for First Three Months of Contract
ADMINISTRATIVE
PROGRAM EXPENSES
TOTAL EXPENSES
Exolanation of Circumstances:
47