02/17/2010 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
March 2, 20 10
TO:
Sheryl Graham, Director
Social Services
FROM:
Kim Wilkes
Senior Grants Coordinator
Pamela G. HancoCJJ:'c,.
Attn:
At th<~ February 17,2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the Low Income Home Energy Assistance Program
Federally Funded Sub Grant Agreement No. 10EA-8F-11-54-01-019 between Monroe County
Board of County Commissioners (Community Services/Social Services) and the State of Florida,
Department of Comm unity Affairs for the provision of funds to pay electric bills for low income
clients.
Enclosed are four duplicate originals of the above-mentioned, executed on behalf of
Monroe County, for your handling. Please forward two fully executed originals to our office
once returned by the State of Florida, Department of Community Affairs. Should you have any
questions, please do not hesitate to contact our office.
cc: County Attorney
Finance
File "I
llHEAP FY 2010-2011
Contract Number:10EA-8F-11-54-01-019
CFDA NUMBER: 93.568
FEDERALL V-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Department of Community Affairs, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Monroe County
Board of County Commissioners, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. 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 below; and
C. The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Department and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Scope of Work,
Attachment A, and Budget, Attachment J of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
The Recipient and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties or March 1, 2010, whichever
is earlier, and shall end March 31. 2011, 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 agreed upon shall be valid only when in writing, signed by each of the parties, 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 OMS Circular No. A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-a?, "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 to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds 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, the State Chief Financial Officer or the State Auditor General access to the
records upon request. The Recipient shall ensure that audit working papers are available to them upon
request for a period of five years from the date the audit report is issued, unless extended in writing by
the Department. The five year period may be extended for the following exceptions;
1. If any litigation, claim or audit is started before the five year period expires, and
extends beyond the five year period, the records shall be retained 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 it is acquired shall be retained for five years atter final disposition.
3. Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title.
(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 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 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 ordinarily 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.
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(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 reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily
mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall 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 shows
the 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 OMS
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 for auditee responsibilities as provided in SUbpart C of OMS 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 OMS 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 chooses to
have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of
the audit must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMS
Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),
OMS Circular A-133, as revised, by or on behalf of the Recipient to:
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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
[also send an electronic copy 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 (submit the number of
copies required by Sections .320(d)(1) and (2), OMS Circular A-133, as revised), 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 (f), OMS
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
send 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 the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.us]
and
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Department of Community Affairs
Community Assistance Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Department pursuant to this Agreement in accordance with OMS Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Department for audits done in accordance
with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed 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 days after the Department has notified the Recipient of such non-compliance.
0) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either 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 received by the Department no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Department with quarterly reports and 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 any other information requested by the Department.
(b) Quarterly reports are due to the Department no later than 21 days after the end of
each quarter of the program year and shalf be sent 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.
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(c) The close-out report is due 45 days after termination of this Agreement or 45 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Department or are not completed
in a manner acceptable to the Department, the D~partment may withhold further payments until they are
completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the
Department" means that the work product was completed in accordance with the Budget and Scope of
Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Department.
(f) The Recipient shall provide additional reports and information identified in
Attachment C.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
the Scope of Work and other performance goals are being achieved.
In addition to reviews of audits conducted in accordance with paragraph (6) above,
monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope
audits, and/or other procedures. The Recipient agrees to comply and cooperate with any 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 Florida 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 Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties
arising from the work performance 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.
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(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Department, and agrees to be liable for any damages proximately caused by
the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. 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 Default"), all obligations on the part of the
Department to make further payment of funds shall, if the Department elects, terminate and the
Department has the option to exercise any of its remedies set forth in Paragraph (11). However, the
Department may make payments or partial payments after any Events of Default without 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 is or becomes false or misleading in any respect, or if the
Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Department and has not cured them in timely fashion, or is unable or
unwilling to meet its obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from 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
If an Event of Default occurs, then the Department may, upon thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, 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 days
prior written notice of such termination. The notice shall be effective when placed in the United States,
7
first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address
set forth in paragraph (13) herein;
(b) Begin an appropriate legal 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) Require that the Recipient refund to the Department any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for or
the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) Pursuing any of the above remedies will not keep the Department from pursuing any
other remedies in this Agreement or provided at law or in equity. If the Department waives any right or
remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend
or waive any other right or remedy of the Department, or affect the later exercise of the same right or
remedy by the Department for any other default by the Recipient.
(12) TERMINATION
(a) The Department may terminate this Agreement for cause with thirty days written
notice. Cause can include 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 for convenience or when it
determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in
8
line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written
notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment shall state 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
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Department because of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until 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 Division contract manager for this Agreement is:
Paula Lemmo, Community Program Manager
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 488-7541
Fax: (850) 588-2488
Email: oaula.lemmo(Ci)dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
adm in istration of th is Agreem ent is stated in Attach ment I, Recip ient Information, Section '" (b) of th is
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 provided as stated in (13)(a) above.
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(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of
the unsigned subcontract must be forwarded to the Department for review and approval before it is
executed 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 (Hi) 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. The Recipient shall document in the quarterly
report the subcontractor's progress in performing its work under this Agreement.
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.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the 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 - Warrantie~ and Representations
Attachment H - Certification Regarding Debarment
Attachment I - Recipient Information
Attachment J - Budget Summary and Workplan
Attachment K - Budget Detail
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Monroe County Board of County Commissioners
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 $334,606,
subject to the availability of funds and appropriate budget authority. The Recipient is authorized to incur
costs in an amount not to exceed $147.227 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 form the Department to the Recipient, in the form of certified mail, return receipt
requested, to 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 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 contract term. For a
federally funded contract, 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 below,
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 and
Budget Detail, Attachment K, of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (20)(h) of this Agreement, all obligations on the part of the Department to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Department.
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(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be
made payable 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, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Percent
(5%) of the face amount of the returned check or draft, whichever is greater.
(19) MANDATED 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 later submission or response to a Department request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Department and with thirty 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 be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any
other provision of this Agreement.
(e) Any power of approval or disapproval granted to the Department under the terms of
this Agreement shall survive the term of this Agreement.
(d) This 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 sea.), which prohibits discrimination by public and private entities
12
on the basis of disability in employment, public accommodations, transportation, State and local
government services,. and telecommunications.
(f) A person or organization 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 $25,000.00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the d iscrim inatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, 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, 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
19(9)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.
If the Recipient is unable to certify to any of the statements in this certification, then the
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Department (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion" (Attachment H) for each intended subcontractor which Recipient plans to
13
fund under this Agreement. Such form must be received by the Department before the Recipient
enters into a contract with any 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 cO,mpensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for 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 if the Recipient refuses to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received
under 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 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 (UlNA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 27 4A( 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 of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(0) 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, unless it would not be in the public interest or unreasonable in cost.
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(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department under 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 Recipient, 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 Recipient shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, sUbgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
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.
(21) 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
15
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has 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 is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Department for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Department. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. 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 which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
16
(23) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment E.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
STATE OF FLORIDA:
DEPARTMENT OF COMMUNITY AFFAIRS
,,/"
Date:
FESl 7 20ta
S-9- 6000 7'-/1
(Federal Identification Number)
Janic Br ning, Director
Divi ion f Housing and Com
elopment
Date: ~/3/) I' ()
_4 ~ ~ .-: '!, ..
~
17
EXHIBIT - 1
THE FOllOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the same
information shown below for each Federal program and show total Federal resources awarded.
Federal Proaram
Federal Agency: U.S. Deoartment of Health and Human Services
Catalog of Federal Domestic Assistance title and Number: 93.568
Grantee: Monroe County Board of County Commissioners
Award Amt:
$334.606
THE FOllOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER
THIS AGREEMENT:
NO TE: If the resources awarded to the Recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Proaram:
List applicable compliance requirements as follows:
1. First applicable compliance requirement (e.g., eligible activities, services or commodities):
The Recipient will use the LIHEAP 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. Second applicable compliance requirement (e.g. eligibility requirements for recipients of the federal 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.
3. Etc.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may
elect to use language that requires the Recipient to comply with the requirements of applicable provisions of
specific laws, rules, regulations, etc., For example, for Federal Program 1, the language may state that the
Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources
must be used or how eligibility determinations are to be made. The state awarding agency, if practical, may
want to attach a copy of the specific law, rule, or regulation referred to.
NOTE: Section .400(d) ofOMB 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 I be provided to the Recipient.
18
LIHEAP
Attachment A
Budget and Scope of Work
The Recipient shall, or will ensure through subcontracts that subcontractors shall, utilize the funds
provided under this Agreement to:
1 . 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.
2. 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 LIHEAP recipients who have received more than three LIHEAP
benefits in the last 18 months and who are homeowners, are referred to the W AP provider.
3. Make home visits to home-bound clients, especially the elderly or disabled, for completion of
the program application or eligibility determination when other assistance is not adequate.
4. Make LIHEAP 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.
5. 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.
6. 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.
19
LIHEAP
ATTACHMENT A
SCOPE OF WORK
7. 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.
8. Check LIHEAP 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.
9. When the applicant is not in a life threatening situation, take actions that will resolve the
emergency within 48 hours of the application approval for a crisis benefit.
10. When the applicant is in a life threatening situation, take actions that will resolve the emergency
situation within 18 hours of the application approval for a crisis benefit.
11. Make home energy payments within 30 days of the date the application is approved.
12. 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 Deni~1 which includes appeal information.
13. Maintain a separate client file for each LIHEAP client that includes at least the following
information:
A. Client's name, address, sex, age;
B. Names and ages and identification documentation of all household members;
C. Income amount and method of verification for all household members;
D. Income Documentation to support eligibility;
E. Statement of self-declaration of income if applicable;
F. If the total household income is less than 50% of the current Federal Poverty
Guidelines and no one in the household is receiving food stamps, include a signed
statement of how basic living expenses Le., food, shelter and transportation are
being provided.
20
LIHEAP
ATTACHMENT A
SCOPE OF WORK
G. Date client was interviewed;
H. Services provided;
I. Copies of approval or denial letters provided to the client;
J. If preference is given due to a disability, documentation of such, disability income or
physician's statement;
K. Documentation of clienfs obligation to pay an energy bill.
L. All LIHEAP assistance applications must be signed by the client and by the Recipient's
representative and supervisory/edit staff.
14. Recipients are required to have written applicant appeal procedures. Any applicant denied
LIHEAP 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 also be posted in a prominent place within the office where it is on view for all
applicants.
15. 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.
16. 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 the 150% of poverty population within each of the counties
served. This information must be reported in Attachment L to this Agreement.
21
LIHEAP
ATTACHMENT A
SCOPE OF WORK
17. When LIHEAP 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.
18. The Recipient shall agree to treat owners and renters equitably under the Agreement.
19. The Recipient shall be responsible for entering into written agreements with home
energy suppliers which include all of the following requirements:
A. 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.
B. 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.
C. 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.
D. 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.
20. The Recipient will be responsible for determining the eligibility of the clients applying for
the LIHEAP program. Client eligibility is based on the following factors:
A. The Recipient may only assist households who are or were residing in their
LIHEAP service area at the time the home energy costs were incurred.
B. The client must complete an application and return all required information and
verification to the Recipient or subcontractor while funds remain available.
22
LIHEAP
ATTACHMENT A
SCOPE OF WORK
c. The client must provide a fuel bill for home energy or provide other documentation
verifying an obligation to pay for home energy costs.
D. The client must have a total gross household income of not more than 150% of
the current OMB federal poverty levet for their household's size.
E. Applicants receiving Supplemental Security Income (5SI) or Food Stamps
automatically qualify for LIHEAP; however, the benefit levels are the same as
other qualified applicants. The income eligibility for CSBG and WAP has
increased to 200 percent of poverty. Applicants may be eligible for CSBG or
WAP but may be over income thus not eligible for LIHEAP.
F. To receive crisis assistance, the applicant must have a verifiable home energy crisis.
G. 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:
(1) 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.
(2) For Crisis Assistance Only: If the applicant receives an energy sUbsidy through
Section 8 or a Public Housing Authority, then the agency must subtract the amount of
the subsidy available to the applicant during the period covered by the utility bill from
the allowable LIHEAP crisis benefit calculated for the household.
(3) The applicant is eligible for non-crisis, home energy assistance with no deductions at
the same level as other applicants.
21. The client must not reside in a group living facility or a home where the cost of residency
is at feast partially paid through any foster care or residential program administered by
the state.
22. The client must not be a student living in a dormitory.
23
LIHEAP
ATTACHMENT A
SCOPE OF WORK
23. OTHER SPECIAL REQUIREMENTS
A. 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.
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.
B. The Recipient will not charge applicants a fee or accept donations from an applicant
to provide LIHEAP benefits.
c. The Recipient will be in a location and operate during hours available to clients.
D. 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.
E. The Recipient will have appropriate staff attend training sessions as scheduled ,by the
Department to cover LIHEAP policies and procedures.
F. The Recipient will furnish training for all staff members assigned responsibilities for the
program.
G. 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.
H. 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.
24
LIHEAP
ATTACHMENT A
SCOPE OF WORK
I. The Recipient will operate both program components in a manner that makes them
available to all potentially eligible clients in their service area.
J. The Recipient will secure and maintain an internet computer service and notify the
Department of its e-mail address.
K. 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.
25
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
A. INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
The applicable documents governing service provision regulations are in the Common Rule, 45
CFR Part 74 and 92, or OMB 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 OMB Circular No. A-122, "Cost Principles for Nonprofit
Organizations," and OMS 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 LIHEAP 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 - Procedures of the Departmental Grant Appeals Board;
2. Part 30 - Claims Collection;
3. Part 80 - Nondiscrimination under programs receiving Federal assistance through the
Department of Health and Human Services (HHS), Effectuation of Title VI of the Civil Rights
Act of 1964;
4. Part 81 - Practice and procedure for hearings under Part 80 of this Title;
5. Part 84 - Nondiscrimination on the basis of handicap in programs and activities
receiving Federal financial assistance.
6. Part 86 - Nondiscrimination on the basis of sex in education programs and activities
receiving Federal financial assistance.
7. Part 87 - Equal Treatment for Faith Based Organizations;
8. Part 91 - Nondiscrimination on the Basis of Age in HHS programs or activities receiving
Federal Financial Assistance;
26
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
9. Part 93 - New restrictions on lobbying;
10. Part 96 - Block Grants;
11 . Part 100 - Intergovernmental Review of Department of Health and Human Services
Programs and activities;
12. Executive Order 12549, Debarment and Suspension from Eligibility for Financial
Assistance (Non-procurement);
S. 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.
C. INTEREST FROM CASH ADVANCES
Recipients shall invest cash advances in compliance with section .21 (h) (2) (i) of the
Common Rule and section .22 of OMS Circular A-110 as revised. Recipients shall
maintain advances of Federal funds in interest-bearing accounts unless one of the
following conditions applies:
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 aU Federal cash balances.
27
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
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.
D. 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.
E. 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 monthly financial status reports, may not be altered without a written budget
modification with the exceptions of the items listed below:
(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.
28
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
(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, aU requests for modifications to
increase or decrease any fine 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 fine 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 OMS Circulars
A-110, Common Rule, A-121 or A-a7. 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 LIHEAP 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.
F. BONDING
(1) Non-Profit Oraanizations: 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 LIHEAP agreement amount.
29
LIHEAP
ATTACHMENT B
PROGRAM STATUTES ANQ REGULATIONS
(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.
G. 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
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
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 total 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.
30
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
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.
31
LIHEAP
ATTACHMENT C
REPORTS
1. Annual reoorts - Within 45 days after the end of the Agreement the Recipient shall submit a
LJHEAP Close-out Report, including the LIHEAP Final Financial Report, a refund check for any
unspent funds, and the LIHEAP Final Program Report.
2. Monthlv reoorts - The LIHEAP Monthly Financial Status Report must be provided to the
Department by no later than the twenty-first (21 st day) of each month following the end of the
reporting month in which funds were expended.
3. Quarterlv Reoorts - For each county the Recipient serves, the LIHEAP Household Quarterly
Program Report must be provided to the Department by no later than the twenty-first (21 st) day of
the month following the end of the last month of the quarterly reporting period.
4. Cost Allocation Plans
2 CFR Part 215, Subpart C, Section 215.21 (6) requires that Recipients have written financial
management systems procedures for determining the reasonableness, allocability, and
allowability of costs in accordance with the provisions of the appl icable federal cost principles and
terms and conditions of the award. To document this, Recipients must submit copies of their
written Cost Allocation Plans to the Department with their contract proposal.
5. 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 th is 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
32
LIHEAP
ATTACHMENT 0
PROPERTY MANAGEMENT AND PROCUREMENT
A. All such property purchased under this Agreement shall be inventoried annually and an
inventory report shall be made available to the Department upon request.
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, mod~1 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.
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.
33
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 Governina 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. LIHEAP 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 LIHEAP funds, the Recipient assures and certifies that:
34
LIHEAP
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 LIHEAP funds for purchase or improvement of land, or the
purchase, construction, or permanent improvement of any building or other facility.
(7) The LIHEAP 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 use 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.
35
LIHEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
(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
Joan 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
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.
(11) The Recipient will have 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.
36
LIHEAP
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 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.
37
LIHEAP
ATTACHMENT G
WARRANTIES AND REPRESEKrATIONS
Financial Manaaement
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use 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
safeguard all 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 whether costs are allowed and reasonable under the
provisions of the applicable OMS cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Comoetition
All procurement transactions shall be done in a manner to provide 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 excellent
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 made to the bidder or
offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient,
considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that
the bidder or offeror must 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.
38
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 shaH 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, 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 shalf provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
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: () () AfY\" to 5 : ro f. tY\. .
Licensina and Permittina
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.
39
Attachment H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
(1 ) The prospective subcontractor of the Recipient, $ , 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 subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
NJA
By:
Signature
Recipient's Name
Name and Title
DCA Contract Number
Street Address
City, State, Zip
Date
40
LOW-INCOME HOME ENERAGY ASSISTANCE PROGRAM (LIHEAP)
ATTACHMENT I --- RECIPIENT INFORMATION
FEDERAL YEAR:
2010
CONTRACT PERIOD:
Date of Signing through March 31, 2011
FOR DCA USE ONLY:
RECEIVED ~ REVISION(S)
Instructions: Complete the blanks highlighted in yellow. For item II, put an ItX" in whichever highlighted box applies to your agency.
I. DCA CONTRACT NUMBER:
TOTAL DIRECT CLIENT ASSISTANCE:
10EA-8F-11-54-01-019
260,239.00
II. RECIPIENT CATEGORY:
{} Non-Profit
CONTRACT AMOUNT:
LEVERAGE AMOUNT (if applicable):
334,606.00
{X} Local Government
Monroe County
III. COUNTY(IES) TO BE SERVED WITH THESE FUNDS:
{ } State Agency
IV. GENERAL ADMINISTRATIVE INFORMATION
a. Recipient:
Monroe County Board of County Commissioners
County Location:
Florida
b. Executive Director or Chief Administrator:
Sheryl Graham
c.
Address:
Telephone:
Cell:
1100 Simonton Street Suite 2-257
(305)292-4510
d.
Mailing Address:
1100 Simonton st. Suite 2-257
City:
Fax:
Email:
City:
Key West , FL Zipcode: 33040
(305)295-4359
araham-shervl@ monroecountv-fl.aov
Key West
, FL Zipcode:
33040
e. Chief Elected Official (for local governments) or President/Chairman of the Board (for corporations):
Name: Sylvia Murphy Title: Mayor
Enter home or business address, telephone numbers and email other than the Recipient1s
Address: City:, FL Zipcode:
Telephone:
Fax:
f. Official to Receive State Warrant:
Name: Danny Kolhage
Address: 500 Whitehead Street
g. Recipient Contacts
1. Proaram: Name:
Address:
Telephone:
Cell:
Sheryl Graham
1100 Si monton Street
(305)292-4510
2. Fiscal:
Name:
Address:
Telephone:
Cell:
Danny Kohlage
500 Whitehead Street
(305)292-3560
h. Person(s) authorized to sign reports:
Sheryl Graham, Kim Wilkes
i. Agency's FEID Number:
59-6000749
Title:
City:
Title:
City:
Fax:
Email:
Title:
City:
Fax:
Email:
Email:
Clerk of The Court
Key West , FL Zipcode:
33040
Social Services Director
Key West , FL Zipcode: 33040
(305)295-4359
araham-shervl@ monroecountv-fl.aov
Clerk of the Court
Key West , FL Zipcode: 33040
(305)295-3660
dkolhaae@ monroe-clerk. com
v. AUDIT DUE DATE: Audit(s) are due by the end of the Ninth month following the end of the aaencv's fiscal vear.
Recipient Fiscal Year: October 1 sf thru September 30th Audit Due to DCA:
ju~.~ 30
4IV AL\J&l.L.
41
2/1/201012:37 PM
LOW-INCOME HOME ENERGY ASSISTNCE PROGRAM (LIHEAP)
ATTACHMENT J ---- BUDGET SUMMARY AND WORKPLAN
RECIPIENT: Monroe County Board of County Commissioners CONTRACT: I0EA-8F-1 1-54-01-019
Instructions: Enter the appropriate figures in the boxes highlighted in yellow only.
I. BUDGET SUMMARY
LIHEAP FUNDS ONLY BUDGETED AMOUNT
1 LIHEAP FUNDS (No Leveraging Funds) 334,606.00
ADMINISTRATIVE EXPENSES
2 Salaries including Fringe,Rent,Utilities,Travel,Other (Total cannot exceed 8.5%of Line 1)' 28,442.00
OUTREACH EXPENSES
Salaries including Fringe,Rent,Utilities,Travel,Other (Total cannot exceed 15%of the
3 45,925.00
difference between Line 1 &Line 2 (Line 1 minus Line 2 times.15))
DIRECT CLIENT ASSISTANCE
4 Home Energy Assistance (Must be at least 25%of Line 1.) 125,000.00
5 Crisis Assistance 128,546.00
6 Weather Related/Supply Shortage/Disaster (Must be at least 2%of line 1.) 6,693.00
7 TOTAL DIRECT CLIENT ASSISTANCE (Lines 4+5+6) 260,239.00
LEVERAGING FUNDS ONLY BUDGETED AMOUNT
8 LEVERAGE FUNDS 0.00
9 Home Energy Assistance 0.00
10 Crisis Assistance 0.00
11 TOTAL LEVERAGING(Lines 8+9) 0.00
12 GRAND TOTAL ALL EXPENSES(Lines 2+3+7+ 10) 334,606.00
II. DIRECT CLIENT ASSISTANCE PLAN
Estimated#of Estimated Estimated
Type of Assistance Households to Cost Per Expenditures 2
be Served Household (Col.2 x Col.3)
Home Energy 500 250.00 125,000.00
Crisis 367 350.00 128,546.00
Weather Related/Supply Shortage 25 267.00 6,693.00
Leveraging-Home Energy 0.00
Leveraging-Crisis 0.00
TOTAL 892 260,239.00
if less than 8.5%of Line 1 is budgeted for Administrative Expenses,the Recipient may increase the Outreach Expenses. The total Administrative
Expenses plus the total Outreach Expenses may not exceed the sum of the original maximum allowed for each of these line items.
Must agree with Lines 4-6.
42
nil i'f1/1lf.Cl All
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)
ATTACHMENT K --- EXPENDITURE DETAIL
Recipient:
Monroe County Board of County Commissioners
Contract:
10EA-8F-11-54-01-019
Instructions:
On the form below, enter the detail of the figures listed on the Budget Summary. If more space is needed, copy this form
copy this form to another tab and name the new tabs I'Budget Detai/1", IIBudget Detai/ 2", etc.
III. ADMINISTRATIVE AND OUTREACH EXPENSE (lines 2 & 3) BUDGET DETAIL
Line Expenditure Detail LIHEAP
Item FUNDS
No (Round up line items to dollars. Do not use cents and decimals in totals.)
2 Administrative Expenses:
Salary: Director
80/0 Liheap, 380/0 CCE, 30/0 ADI, 40/0 CCDA,70/0 MCT, 70/0 C1, 80/0 C2, 250/0 General Fund,
(fully loaded with fringe) = $8429.32 8,430.00
Salary: Grant Coordinator
160/0 Liheap, 350/0 CCE, 30/0 ADI, 50/0 CCDA, 20/0 MCT, 70/0 C1, 80/0 C2, 200/0 General Fund,20/0 1118, 20/0 IIIE: 11,545.00
(fully loaded with fringe) = $11545.00
Travel (Estimated local mileage: 1,000 miles x 44.5/mile = $445.00) 445.00
Other:
1. Phone/Postage $1522.00
2. Rental/Copy $1500.00
3. Maintenance Agreement $2500.00
4. Printing and Binding $1000.00
5. Office Supplies $1000.00
6. Operating Supplies $500.00 8,022.00
Total Administrative Expenses: 28,442.00
3 Outreach Expenses:
Salary: Full time Eligibility Specialist
.500/0 LIHEAP (Outreach/Intake/Eligibility)
2080 hrs x $16.60/hr (fully loaded w/fringe) = $25,640.00 25,640.00
Salary: Part Time Eligibility Specialist
1000/0 LIHEAP (Outreach/Intake/Eligibility)
1040 hrs x $16.60/hr (no benefits) = $20,285.00 20,285.00
Total Outreach Expenses: 45,925.00
4 Home Energy Assistance 125,000.00
5 Crisis Assistance 128,546.00
6 Weather Related/Supply Shortage 6,850.00
7 TOTAL DIRECT CLIENT ASSISTANCE 260,239.00
11 GRANT TOTAL (LINES 2+3+7) 334,606.00
43
?/1 l?n1 n1 0'11 AM
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)
AlTACHMENT L --- MULTI-COUNTY FUND DISTRIBUTION
Agency: Monroe County Board of County Commissioners
Contract:
10EA-8F-11-54-01-019
I n the form below, describe how you plan to equitably allocate LI HEAP resources to each of the counties you serve. This
plan must be in part based on the 1500/0 poverty population of each county. Provide reasoning and numeric justification
plan.
Instructions: Enter appropriate data only in the cells below that are highlighted in yellow. Percentages will automatically
populate when the total direct client assistance amount and all three columns for each county are filled in.
TOTAL DIRECT ok OF AGENCY.S
CLIENT ASSISTANCE DIRECT CLIENT
COUNTY 1500/0 POVERTY $260,239.00 ASSIST ANCE
POPULATION*' DOLLARS
COUNTY ALLOCATED TO
ALLOCATION THIS COUNTY
Monroe County only 260,239 260,239.00 100.00/0
Total Budgeted Direct 260,239 260,239.00 100.00/0 I
Client Assistance*2
* 1
*2
If population data other than the 2000 U. S. Census is used, note and explain below.
Allocation must be equal to Attachment J, budget Summary and Workplan, Line 7.
Explain the basis for distribution/calculation used to determine allocation.
Entire allocation is for the only county that we are serving, Monroe County
44
1/29/201010:50 AM
LOW-INCOME HOME ENEREGY ASSISTANCE PROGRAM (LIHEAP)
ATTACHMENT M --- JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Monroe County Board of County Commissioners
CONTRACT NUMBER:
1 OEA-8F-11-54-01-019
Any advance payment under this Agreement is subject to s. 216.181 (16)(a)(b), Florida Statutes and Attachment 0, Section D of this Agreement.
The Recipient shall invest cash advances in compliance with section .21 (h) (2) (i) of the Common Rule, section .22 of OMB Circular A-110
as revised and Attachment B, subsection D of this Agreement. Check the applicable box below (check only one).
[X] NO ADVANCE REQUESTED
[ ] ADVANCE REQUESTED
No advance payment is being requested.
Payment will be made solely on a
reimbursement basis. No additional
information is required.
Advance payment of is requested. Balance of payments 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
If an advance is requested, complete the following worksheet by filling in the cells highlighted in yellow.
DESCRIPTION (A) (B) (C) (D)
FFY 2007 FFY 2008 FFY 2009 Total
1 INITIAL CONTRACT ALLOCATION 0.00
2 FIRST TWO MONTHS OF CONTRACT 0.00
EXPENDITURES 1
3 AVERAGE PERCENT EXPENDED IN FIRST #DIV/O! #DIV lor #DIV lor #DIV/O!
THREE MONTHS (Divide line 2 by line 1)
The first two months in which exoenditures were reoorted need to be provided for the years you received a LI HEAP contract. If you do not
have this information, call your financial specialist and they will assist you.
The Recipient may request an amount up to the Historical Administrative Percent, but not to exceed 170/0 of the award.
HISTORICAL ADMINISTRATIVE PERCENT:
#DIV/O!
Cell 03
x
$
334,606.00
LIHEAP Award
#DIV/O!
Historical Advance
MAXIMUM ADVANCE ALLOWED:
334,606.00
LIHEAP Award
x
0.17
Percent of Award
=
56,883.02
Maximum Advance
If you require an advance in excess of 17 percent of the contract allocation, complete the Request for Waiver of Calculated Maximum.
REQUEST FOR WAIVER OF CALCULA TED MAXIMUM Check the applicable statement, then complete the Estimated Expenses Chart.
[ ] Recipient has no previous history with L1HEAP contracts. [ ] Recipient has exceptional circumstances that require an advance greater
than average first two months expenditures of the previous three years.
ESTIMATED EXPENSES CHART
BUDGET 2010-2011 ANTICIPATED EXPENDITURES
CATEGORY FOR FIRST THREE MONTHS OF CONTRACT
Administrative
Program Expenses
Total Expenses
EXDlanation of Circumstances
45
~/1/;>01 010'1:i AM
SUPPORTING DOCUMENT A TION
A TT ACHlVIENTS:
N. CERTIFICATE OF CORPORATE RESOLUTION
O. FIDELITY BOND DOCUMENTATION
P. UTILITY VENDOR AGREEMENTS
Q. COpy OF W AP MOU
R. COpy OF EHEAP MOU
S. OUTREACH OFFICES
T. WRITTEN COST ALLOCATION PLAN
46
ATTACHMENT N
CERTIFICATE OF CORPORATE RESOLUTION
L , as Secretary of
lVOT APPLICABLE , a
Florida nonprofit Corporation ("Corporation"), hereby certify that the following is a full,
tnle and aCCllrate copy of the resolution of the Board of Directors of the Corporation,
duly and regularly passed and adopted at a meeting of the Board duly called and held in
all respects as required by law and by the bylaws of the Corporation on
, at which meeting a quorum of the Board was present, and that
the resolution remains in full force and effect and has not been modified or repealed.
WHEREAS, it is in the best interest of the Corporation to enter into a grant agreement
with the Florida Department of Community Affairs for the Fiscal Year 2008-2009 Low
Income Home Energy Assistance Program.
RESOL VED, that , as the
of the Corporation is hereby authorized and empowered
on behalf of the Corporation to negotiate the terms for and to enter into and execute the
above described agreement with the Florida Department of Community Affairs, and to negotiate
the terms for and to execute any and all related documents which are necessary to
effectuate
the terms of said agreement.
Execllted by me as Secretary of the Corporation on
Secretary
(Corporate Seal)
President
1/29/2010
47
A TT ACH}\IIENT 0
FIDELITY BOND
The following page (page 49) is a copy the Monroe County Board of County
Commissioners' Fidelity Bond Agreement.
1/29/2010
48
CERTIFICATE OF COVERAGE
Certificate Holder
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
1100 SIMONTON STREET ROOM 2.268
KEY WEST FL 33040
Adm in;strator
Issue Date 09,22'09
Frorida League of Cities, Inc.
Public Risk Services
P.O. Sox 530065
Orlando, Florida 32853-0065
':L:':E:F~C:ES
~f-.:s S ':"'; ,:ER-FY THAT 7:....E'.:..GREEMENT 9ELOW HA~ SEEN iSSuED ""0 -:-!-1E CES,GNATEC ME'MSER FeA ;~E CC'JEA"'ue PEPrCD .NCICA TED. NCTWITHST ':'NC:NG .....NV RECLJREME~T.
-E:';M ,:;p .:C'-4Ct'T,'JN .:;: ,\NY (;,:;,',7'R"'CT GA OT~e:R CCC...MENT 'N,T.., RESPECT;O ',AfHICH i~IS CERTIF!CATE MAY BE ISSuEC CR MA'I FERT.~,N. T~E CC',E'~AGE AFFCRCED BY -:-""'e
<;~EEMENT CESCPIEED r-oEFE,N 'S 3j~B..ECT TO .ALl.. THE "'EAMS, E'XCLUS1CNS AND CCNCIT.CNS CF SUCH "!'G A EEMENT.
COVERAGE PROVIDED BY: FLORIDA MCJNICjPAL INSURANCE TRUST
AGREEMENT NUMBER: FMIT 0386 , COVERAGE PERIOD: FROM 10/1.09 , COVERAGE PERIOD: TO 1011.10 12:01 AM Star.dard r:me
TYPE OF COVERAGE - LlASIUTV TYPE OF COVERAGE - PROPERTY
General Liability
~ ComprehensIVe General Liability, Bodily '"Jury, Property Damage~"d
Personal Injury,
o Errcrs and Om issions liability
~ Supplemental Employment Practice
~ Employee Benefits Program Administration Uabllity
~ Medical Attendants', Medical Directors' Malpractice Liability
181 Broad Form Property Damage
o Law Enforcement Liability
~ Underground. Explosion & Collapse Hazard
Limits of LJability
"Combined Single Umit
Deductible NJ A
Automobile Liability
181 All owned Autos (Private Passenger)
181 All owned Autos (Other than Private Passenger)
~ Hired Autos
181 Non~Owned Autos
Limits 0' Liability
· Combined Single Limit
Deductible N/ A
Automobile/Equipment - Deductible
o Building.
o BasiC Form
0- Speciat- Form
[] Per.sona'Prop8rty
o Basic Form
o Special Form
o Agreed Amount
o Deductible NI A
o Coinsurance NI A
o Blanket
o Specific
o Replacement Cost
o Actual Cash Value
o Mlscetlaneous
o Inland Marir8
o Efectronic Data Pmcesslng
o Bond
o
Limits of Liability on FlI. with Administrator
TYPE Of COVERAGI . WORKERS. COMPENSATION
o Statutory Workers' Compensation
o Employers Liability $1,000,000 Each Accident
$1.000,000 By Disease
$1,000.000 Aggregate By Disease
o Deductible N/A
o
Other
o PhYSIcal Damage Per Schedule - Ccmpreher~lve - Auto Per ScnedlJ/e . Ccllislon - Auto ~~/ A - Miscellaneous Equipment
The limIt of !iabditys :55,CCC.CCC I,:cmblred Single I:m,t) todily lrjury '1r.dcr ~rq;erty ,jamaqe each cccurrence in f-xcess uf a ::e'f-,rsur€:'d fFtentl,;n d
:s h:O.':CO. This: rrit s ~c'ely fer Jny i:abji,ty result:r.g tr::rr. entry d .1 ,";i1:ms till ~ursual1t to Sectlcn 7€8.28 (5) F',,=rilja St.HL-tes (jr:..lt"ityr.1pcsed pursu,lnt
'I: F0der.l1 L.1w ,:r ,1Ct,Cr.S ': Jtsde rre 3t:1fe t;f F'cr:da.
I De9cript;on of OperatlonSlLocationSlVehlcleSiSpeclat Items
.~E: '/U 'i';.lt:::r :t ,:,:',el';c.
P:i,g CERT'FICATE' S SSl..EO AS A MATTER OF 'NFORII,lIATION ONLY AND CONFERS ~o PtGHTS l.JPON -:-:-f! CERTiFICATE ~OLoe". in.S CERl',F'CAre JOES NOT' AMENO. E~E~O OR
AL ;"ER ~"e CO'/ERACiE AFFOPOeO BY T'~E AGAE~~ENT ABO'JE.
DESIGNATED MEMBER
CANCEL.LA~ON9
-,.; - -: .:. ','.. r :. ~ - : F ... '0: ::: ,:'. f -: C = :;~ ,:.. :: ~. .: ;: E: '.. U'l -:- . t: :,:..,.:: _ . . '. _ _
-' ':~"':'l':~-~-_"::-:;:':;,--E:-~ .~.,: J:.'.4r:.... .'..... "=(""~~-':"':'., :.'.~
,'. - -~\ '.,:-,:r -,: - -;;, ::::-~ ~ ,:,\"c .':.:';: ',,'.'.'[: -c''':',:: - . - '.. r '~','f,..
-.'ONAOE COUNTY BOARD OF COUNTY COMMISSIONERS
1100 SIMONTON STREET ROOM 2-268
KEY 'NEST FL 330,lO
- ..':'''' ~I~ . ':~
", ,""I ',1:' :~_..: .'.- <::", ,:~.J _
. '~v~~.t_ "
, :..:,c., Q._
,~- .... - ,;..~.....
~~TTACHMENT P
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.
1/29/2010
50
(\
, \,
o \,
;~ '. \"
~
,
:s:
o
]' z
. :D
'. 0
o ,,,
I~ (")
o
'-. -< ITY 0 C
.....~ ~~,1.> .Z
.' ..... '. , en.-J
':J :J: '. . .~
':S._ ~.~ t.~. isi ~
j~ ...-'/:'M. ,-rt.......
'(~ '~"'. 0
!: l,) ';..:0
. ,- z
I .. 1-9
i ....
LO\V INCOlVIE HOME ENERGY ASSISTANCE PROGRAl\iI
l;TILITY VENDOR P A YlVIENT ~~GREE~IENT
The undersigned home energy supplier hereby agrees to meet the follo\ving conditions in
order to receive vendor payments to the home energy assistance and crisis assistance
categories of the Low Income Home Energy 4~ssistance Program tha:
1. Eligible households "viII only be charged, through the company's normal
billing process, the actual unpaid ditTerence benveen the vendor payment
made through the program and the actual remaining unpaid cost of home
energy.
,., Households recei'ving assistance under the program will not be treated
ad'versely 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 ifpayment 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 ".est Florida
City State
Lynne E. Tejeda, General ~lanager & CEO
Xame and Title of i\uthorizing Con1pany Ot1icial
~-,... . . " ...
\ ._,_/ "'(~1~-""V''-#<:-:''~' ~L-".--~'-
Signature of Authori~ing Company Official
I 1 ., I 1'''' ... ,f 'i) ~.i l. .;'1......-
; ',"\ ,.,. -. , ) ,':! ~ '{l i' ! L:: ! ," :.' I
:\arpe and 'Title of ~\utholizing i\gency (\'fonroe County.') Ofticial
. I
, I ( . \.
33040
Zip Code
I
t .I ., - I
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LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
UTILITY VENDOR PAYMENT AGREEl\'IENT
The undersigned home energy sllpplier hereby agrees to meet the follo\ving conditions in
order to receive 'vendor pa~yments to the home energy assistance and crisis assistance
categories of the Lo\v Income Home Energy Assistance Program:
1. That eligible households "viII only be charged, through the company's
normal billing process, the actual unpaid difference bet\\teen the vendor
payment made through the program and the actual remaining unpaid cost of
home energy.
2. That households receiving assistance under the program \vill 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
Florida
State
33070-0377
Zip Code
Scott ~ewberry, Chief Executive Officer
0Iame and Title of i\.ut11orizing Cor1\p.any Official
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Signature of i\uthorizin8 COlnpany Official
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~al1fe and Title of l\uthorizing Agellcy (~Vlonroe County) Official
Signature of Authorizing i\genC)! (~lonroe County) Official
Date
l\ttachment - P, Pa{!e 52
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ATTACHMENT Q
"VEATHERIZATION ASSISTANCE PROGRAM
Monroe County Social Services is in the process and implementation stages
of creating the Weatherization Program. We recently received the Building
Capacity Agreement for the period of 1/21/10 to 4/30/10. Staff is currently
attending training and we expect to receive a further W AP contract in the
l1ext month.
1/29/2010
53
ATTACHMENT R
COpy OF THE MEMORANDUMS OF AGREEMENT BETWEEN
l\IONROE COUNTY BOARD OF COUNTY COl\'IMISSIONERS AND
THE ElVlERGENCY HOlVlE ENERGY ASSISTANCE FOR THE
ELDERL Y PROGRAM (EHEAP) PROVIDER.
The following pages are copies of the Memorandums of Agreement (MOA)
between the Monroe 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 Upper, Middle and Lower
Keys) .
1/29/2010
54
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OK~~ErY ~o~~~~E
;305) 294-4641
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BOARD OF COUNTY COMMISSIONERS
l'v1ayor Mario Di Gennaro, District 4
l'vlayor Pro Tem Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" l'vlcCoy, Distnct 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
Iv Is. Lisa rvtele
Elder HelpLine Sllpervisor
i\lliance for Aging, Inc.
9500 S. Dadeland Blvd., Suite 400
ivIiami, FL 33156
Re: l\1emorandum of Agreement bet\veen EHE1\EP and LIHEAP
EHEAEP Intake Center Referral Agreements (Upper, Middle and Lower Keys)
Dear ivIs. l\1ele:
4'-\ttached to this memorandum, please find FOUR copies of each of the following documents:
rvlemorandum of 4'-\greement bet",'een EHEAEP and LIHEAP
EHEAEP Intake Center Referral Agreement - Upper Keys
EHEAEP Intake Center Referral Agreement - Nliddle Keys
EHEAEP Intake Center Referral Agreement - Lo\\;er Keys
These documents ha've been execllted by i\1onroe County and are ready for YOllr l1andling. Please be sure
tllat the sets marked ~Ionroe County Clerk's Office Orieinal and ~Ionroe Countv Finance
Department's Orieinal are signed, dated., and returned to my attention as quickly as possible. For YOllr
convenience, yello\v notes have been attached to each copy that needs to be retllrned to me.
If I call provide any additional information.. please let Ine kno\v.
Sincerely"
) /'
--. ..~. ". ~:-/I J.l...'~ / /'''-
Sheryl L. Grahan1
Con1plianc~ ~vIanager
~ocial Scr\ i~es Depnrtnl~nt
\
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,)
Clem 01 The
Circul coun
Danny L. Kolhage
Office (305) 292-3550 Fax (305) 295-3663
Memnn
'To:
Debbie Barsell, Director
Community Services Division
~:-lttn:
SandY.LVlolina
From:
Isabel C. DeSantis, ". L.
Deputy Clerk _.~
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)/ Alliance for Aging, Inc., and
Low-Income Energy Assistance Program (LIHEAP)/Monroe County HOCC and approval
of EHEAEP 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 DeDartment'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, w/o doc.
County Attorney
File
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'Iemorandllm of .L.\ereement
Bet,veen
Emergency Home Energy .~ssistance for the Elderly Program (EHE.~EP)
and
Lo\v-Income Energy Assistance Program (LIHE~~P)
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 "viII
prevent duplicate crisis assistance payments during the same heating and cooling seasons.
Client records \vill be maintained by both agencies, \vhich include the type of assistance
requested, the date requested, the disposition of the application and if approv~ed, the
amount of payment to the vendor.
~.\ll parties will work together to increase the quality of services provided to seniors in
need of this service in l\'Ionroe County.
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Signllture of Authorizing Cpmpany Official
for the EHEAEP Progra~/Title
Alliance for Aging, Inb~.r'
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Date
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Signature of Authorizing Company Official
for the IvIonroe County LIHEAP Program/Title
i,l.j-J. () / c ~
Date
.- " ~ · ' . .'". ,tI. .''- !i.I.GE Q.ERIC "
.O):'k[Q~i~hJ.~)
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Fon11 Prepared by:
.-\llial1ce for 4'\ging~ Inc., Elder Helpline
9500 S. DadelJnd Blyd. Suite ;::440
\f ianli, 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 Agina. Inc., the Area Agency on Aging (AM) for
Planning and Service Area (PSA) 11 and '1'on,...,,," r.QlIl1ry r.Ornrnlln; t'y Sqpport Set"\(ices fLower Key,s
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 ;s 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 prevf:nt 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 AM 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
l11anual.
III. Under this Agreement, the Area Agency on Aging agrees to the following:
A. T) o'.ersee the processing .)f 311 ~eqt.:ests 'or assistance on cehaif of eligible e;derlyn,ji',duais.
B. To pro'Iide technical assistance and training to Service P'o',:ders.
C. TJ complete a new referral agreement signed by all parties as approprate.
5f~\. (.J.
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 "ViII
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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~fONAOE COUNTY .\iTORNEY
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. .SUZANNE A: HUTTON
,:;OUNTY ATTORNEY
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EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELDERLY PROGRAM (EHEAEP)
INTAKE CENTER REFERRAL AGREEMENT
This Referral Agreement between the Alliance for AqinQ, Inc., the Area Agency on Aging (AM) for
P!anning and Service Area (PSA) 11 and Monroe County C()~11l1lD 1 ty Support Sf!Tvic ell I ~i cld 1 e ~e.ys
the Intake Center, shall begin on the date the agreement has been signed by both parties, whichever is
'ater. 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 prevemt 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 MA 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
manu81.
III. Under this Agreement, the Area Agency on Aging agrees to the following:
A. T) 'J'. '~rsee t~e prJcessin;j cf 31/ re'~uests fJr ass stance on :eh 3,( c.f e', :jc'e e:'-jerljr;.ji'. !,:i'Ja s.
B. To erG'ide tecr:~k:al assistance and trainir-g to Serv'ice PrO'iijers.
C. T) complete a ne'N referral agreement sgr.ed OJ all par.:es as 3:Jprcsrate,
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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 vVill
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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. 490 h1rd Street(OceRn). Marathon, FL 33050
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MONROE COUNTY ,~Ti"(JRNEY
~PPROVED AS 10, r:,oRJ,t:
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,SUZANNE A HUTTQN-
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EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELDERLY PROGRAM (EHEAEP)
INTAKE CENTER REFERRAL AGREEMENT
This Referral Agreement between the Alliance for AQinQ, Inc., the Area Agency on Aging (AM) fer
Planning and Service Area (PSA) 11 andXoTlt':Qp r.QtInhY r.omnumity Support ServicesLCp{Jer Keys,
the Intake Center, shall begin on the date the agreement has been signed by both parties. whichever is
later. This referral agreement ;s 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 AM 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. T J ,:;',ersee th~ ;:n::,:es s,n ;;Jf a,l ,'s-'l...ests f,:r ass; sta :-:.::;.,3 'J n t eha,f Jf si:g ;b'e e 'derij:::~', ;.j!ja:s.
B. T) cr0',;:Je t'~crr;':3i asss~a'l:e ar;.j tr3n ,.-.g to S9",ice P"J'. ders,
C. TJ :::C,'11o!9te a ne'N r'=ferral:lgr8er--ent s:g:-:ed :Jj'Ji/ ~a'"::es as a:.:,c....:::::::r'ate
'.) /t. 1).
\
IV. Term ination
:n 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 "Vi"
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 ;s 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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Intake Center
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a8820 Overseas Highwav (Gulf}. Plantation Key, FL
33070
title
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MONROE COUNTY ATTORNEY
~~~~/O~ED 2:!?:fA~:
\ SUZANNE,( HUTTON
CCU;~TY /..~TO~~EY
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ATTACHMENT S
OUTREACH OFFICES
The following Outreach Offices provide LIHEAP services:
Lower Kevs
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 1-200
Key West, Florida 33040
305-292-4408 (phone)
305-295-4376 (fax)
County Served: Monroe County
Middle Kevs
Marathon Government Annex
490 63rd Street Ocean, Suite 190
Marathon, Florida 33050
305-289-6016 (phone)
305-289-6317 (fax)
County Served: Monroe County
Upper Kevs
Plantation Key Government Center
88770 Overseas Highway, Suite #1
Tavernier, Florida 33070
305-852-7125 (phone)
305-852-7159 (fax)
COllnty Served: Monroe County
1/29/2010
55
A TT ACHMENT T
WRITTEN COST ALLOCATION PLAN
Attached please find Monroe County Social Services Written Cost
Allocation Plan for the administering of the Low Income Home Energy
Assistance Program (LIHEAP).
2/1/2010
56
111onroe County Social Services Written Allocation Plan
For over 20 years, Monroe County Social Services has been actively
engaged in assisting low-income disabled, elderly, households with children
five years and yo lInger, llnemployed and underemployed individuals and
families. The County of Monroe spans approximately 150 miles. Monroe
County Social Services has successflIlly operated 13 major programs that are
designed to assist Monroe County residents specifically in these targeted
grolIps.
Monroe County Social Services has administered the LIHEAP Program for
over 15 years. Our Social Services department provides outreach offices in 3
areas of the Florida Keys; the Upper Keys office located in Tavernier, the
Middle Keys office located in Marathon and the Lower Keys office located
in Key West. Each office has a Staff Assistant and a Case Manager
Supervisor. In addition to an administrative assistant and an Eligibility
Specialist, the Key West office also employs the Social Services Director,
Sr. Grants Coordinator and Administrative Assistant.2/l/20l0 Further Social
Services staff consists of 3 In Home Services Case Managers; one that
covers the Middle and Upper Keys area and the other two cover the Lower
Keys and Key West areas. These case managers provide additional
assistance and coordinate LIHEAP referrals and intakes with the other direct
services LIHEAP case managers.
Monroe County's LIHEAP Allocation for fiscal year 2010-2011 effective
3/1/2010 is $334,606.00. The contract allows for initial spending authority
of $147,227.00. Based on Monroe County's historic LIHEAP data, prior
spending and our demographics and climate, we have allocated the funds as
follows:
Administrative Expenses - $28,442.00
These cost include the salaries and benefits of the Social Services Director,
the Sr. Grant Coordinator, travel for all LIHEAP staff and other
administrative cost SlICh as phone, postage, Xerox rentals, database
maintenance agreement, printing, binding, office and operating supplies. The
percentage of time charged to the grant is based on the time that the Director
and the Grant Coordinator spend on LIHEAP monthly and annual reporting,
data collection, monitoring spending, planning, peer review of client files
and coordination with the DCA.
Art' A~t-tHe;N-r -r 5{". Q #
.. .. ' ..
Olltreach Expenses - $45925.00
These cost inclllde the salary and benefits for a full time Eligibility
Specialist dedicated to outreach, intake and determining eligibility of clients.
In addition, a part time Eligibility Specialist who assists with outreach,
intakes and determining eligibility and can cover all areas of Monroe
County.
The database that Monroe County utilizes called Easytrac has been very
llseful in determining direct client assistance allocations. Based on prior
client data, the average Home Energy cost per Household is $250.00 per
year. We have assisted approximately 500 hOllseholds. $250.00 x 500 =
$125,000.00. The average Crisis Assistance cost per Household is $350.00
per year. We have assisted approximately 367 households. $350.00 x 367 =
$128,546.00.
Due to Monroe County's climate, the highest demand for assistance is
during the summer months of June, July and August. Also during this
period, energy bills generally increase due to higher energy rates. Due to the
high volume of request for energy assistance and the continued lack of non-
Liheap assistance in the community with utility bills, Monroe County opts to
open up assistance to all households that meet the income guidelines but
giving first appointments to elderly, disabled and households with children
five and under. As we progress into the "winter months", we limit funding to
only the top 3 priority categories.
Based on available funding at the time, each outreach office by the direction
of the Sr. Grants Coordinator is allocated funds monthly based on their prior
historical spending. These allocations are provided to each office supervisor
monthly and each office is responsible for scheduling their area LIHEAP
appointments.
Fllrther review of spending is completed by the Administrative Assistant.
She maintains expenditllre logs of each purchase order and alerts the Grants
Coordinator monthly of the status of available fllnding. In addition, the
electric bill payments are processed through our Clerk of the COllrts Finance
department. They also monitor spending and availability of funds.
2/1/2010
5~ · b.