09/21/1995 Contract Number: 96NB- 4T- 11 -54 -01 -017
DEPARTMENT OF COMMUNITY AFFAIRS
NET BAN EMERGENCY ASSISTANCE PROGRAM (NBEAP)
AWARD AGREEMENT
THIS agreement is entered into by and between the State of Florida, Department
of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to
as the "department "), and tiortve County Board of C( 'nty Commissioners, hereinafter
referred to as the "grantee' r.
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING
FACTS:
A. WHEREAS, the grantee represents that it is fully qualified, possesses the
requisite skills, knowledge, qualifications and experience to provide the services
identified herein, and does offer to perform such services, and
B. WHEREAS, the department has a need for such services and does
hereby accept the offer of the grantee upon the terms and conditions hereinafter set
forth.
C. WHEREAS the &par' lent has authority pursuant to Public Law 97-35 to
disburse the grant funds under this .,;eement.
NOW, THEREFORE, the department and the grantee do mutually agree
as follows:
(1) SCOPE OF WORK
The grantee shall fully perform the obligations in accordance with the
Budget and Scope of Work, Attachment A of this agreement.
(2) INCORPORATION QEr 4WS. RULF,,VIEGULATI7taANr) POI s.iES
Both the grantee arid thk iepa'trrent shz..I be governed by applicable
State and Federal laws, rules and regi 1ations, including but not limited to those
program provisions identified in Attachment B.
(3) PERIOD OF AGREEMENT
This agreement shall begin upon execution by both parties or
September 1, 1995, whichever is later and shall end February 29, 1996, unless
terminated earlier in accordance with the provisions of paragraph (9) of this agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of, the provisions of this agreement.
Changes which are mutually agreed upon shall be valid only when reduced to writing,
duly signed by each of the parties hereto, and attached to the original of this
agreement. Any additional terms and conditions pertaining to modification of this
contract are set forth in Attachment B.
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(5) RECORD KEEPING
(a) If applicable, grantee's performance under this agreement shall be
subject to OMB Circular No. A -102, "Uniform Administrative Requirements for State and
Local Governments" or OMB Circular No. A -110, "Grants and agreements with
Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and
either OMB Circular No. A -87, "Cost Principles for State and Local Governments," OMB
Circular No. A -21, "Cost Principles for Educational Institutions," or OMB Circular No. A-
122, "Cost Principles for Nonprofit Organizations." If this agreement is made with a
commercial (for - profit) organization on a cost - reimbursement basis, the grantee shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) All original records pertinent to this agreement shall be retained by
the grantee for three years following the date of termination of this agreement or of
submission of the final close -out report, whichever is later, with the following exception:
If any litigation, claim or audit is started before the expiration of
the three year period and extends beyond the three year period, the records will be
maintained until all litigation, claims or audit findings involving the records have been
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resolved.
(c) All records, including supporting documentation of all program
costs, shall be sufficient to determine compliance with the requirements and objectives
of the Budget and Scope of Work - Attachment A - and all other applicable laws and
regulations.
(d) The grantee, its employees or agents, including all subgrantees or
consultants to be paid from funds provided under this agreement, shall allow access to
its records at reasonable times to the department, its employees, and agents.
"Reasonable" shall be construed according to the circumstances but ordinarily shall
mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday
through Friday. "Agents" shall include, but not be limited to, auditors retained by the
department.
(6) REPORTS
(a) At a minimum, the grantee shall provide the department with
monthly financial status reports and monthly program reports.
(b) The monthly financial status reports and monthly program reports
are due to be received by the department no later than 21 days after the end of each
nwnth of the contract period and shall continue to be submitted each month until
submission of the administrative close -out report.
(c) The close -out report is due 45 days after termination of this or upon
completion of the activities contained in this agreement.
(d) If all required reports and copies, prescribed above, are not sent to
the department and /or are not completed in a manner acceptable to the department,
the department may withhold further payments until they are completed and /or may
take such other action as set forth in paragraph (9). The department may terminate the
agreement with a grantee if reports are not received within 21 days after written notice
by the department. "Acceptable to the department" means that the work product was
- completed in accordance with generally accepted principles and is consistent with the •
, Budget and Scope of Work.
(e) Upon reasonable notice, the grantee shall provide such additional
program updates or information as may be required by the department, including
supporting or source documentation for required reports identified above.
(f) The grantee shall provide additional reports and information as
Identified in Attachment D.
(7) MONITORING
(a) The grantee shall constantly monitor its performance under this
agreement to ensure that time schedules are being met, the Budget and Scope of Work
is being accomplished within specified time periods, and other performance goals are
being achieved. Such review shall be made for each function, or activity set forth in
Attachment A to this agreement.
(b) Training and technical cssistance shall be provided by the
department, w:thin limits of staff time and bi iget, upon request by the grantee and /or
upon a determination by the department of grantee need.
(c) The grantee shall allow the department to carry out monitoring,
evaluation and technical assistance and shall ensure the cooperation of its employees,
and of any subgrantees with whom the grantee contracts to carry out program activities.
(8) LIABILITY
(a) Except as otherwise provided in subparagraph (b) below, the
grantee shall be solely responsible to parties with whom it shall deal in carrying out the
terms of this agreement, and shall save the department harmless against all claims of
whatever nature by tV.:rd parties arising out of the performance of work under this
agreement. For purposes of this agreement, grantee agrees that it is not an employee
or agent of the department, but is an independent contractor.
(b) Any grantee who is a state agency or subdivision, as defined in
Section 768.28, Fla. Stat., agrees to be fully Fesponsible for its negligent acts or
omissions or tortious acts which result in claims or suits against the department, and
agrees to be liable for any damages proximately caused by said acts or omissions.
Nothing herein is intended to serve as a waiver of sovereign immunity by any grantee 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.
(9) DEFAULT: REMEDIES: TERMINATION
(a) If any of the following events occur ("Events of Default "), all
obligations on the part of the department to make any further payment of funds
hereunder shall, if the department so elects, terminate and, the department may at its
option exercise any of its remedies set forth herein, but the department may make any
payments or parts of payments after the happening of any Events of Default without
thereby waiving the right to exercise such remedies, and without becoming liable to
make any further payment:
1. If any warranty or representation made by the grantee in this
agreement or any previous agreement with the department shall at any time be false or
misleading in any respect, or if the grantee shall fail to keep, observe or perform any of
the terms or covenants contained in this agreemeht or any previous agreement with the
department and has not cured such in timely fashion, or is unable or unwilling to meet
its obligations thereunder;
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2. If any material adverse change shall occur in the financial
condition of the grantee at any time during the term of this agreement from the financial
condition revealed in any reports filed or to be filed with the department, and the
grantee fails to cure said material adverse change within thirty (30) days from the time
the date written notice is sent by the department;
3. If any reports required by this agreement have not been
• submitted to the department or have been submitted with incorrect, incomplete or
insufficient information;
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4. If the grantee has failed to perform and complete in timely
fashion any of the services required under the Budget and Scope of Work attached
hereto as Attachment A.
5. If the necessary funds are not available to fund this agreement
as a result of action by the Legislature, the Office of the Comptroller or the Office of
Management and Budgeting.
(b) Upon the happening of an Event of Default, then the department
may, at its option, upon written notice to the grantee and upon the grantee's failure to
timely cure, exercise any one or more of the following remedies, either concurrently or
consecutively, and the pursuit of any one of the following remedies shall not preclude
the department from pursuing any other remedies contained herein or otherwise
provided at law or in equity:
1. Terminate this agreement , provided that the grantee is given at
least thirty (30) days prior written notice of such termination. The notice shall be
effective when placed in the United States mail, first class mail, postage prepaid, by •
registered or certified mail- return receipt requested, to the address set forth in
paragraph (10) herein;
2. Commence ar. approl. riate legal or equitable action to enforce
performance of this agreement;
3. Withhold or suspend payment of all or any part of a request for
payment;
4. Exercise any corrective or remedial actions, to include but not
be limited to, requesting additional information from the grantee to determine the
reasons for or the extent of non - compliance or lack of performance, issuing a written
warning to advise that more serious measures may be taken if the situation is not
corrected, advising the grantee to suspend, discontinue or refrain from incurring costs
for any activities in question or requiring the grantee to reimburse the department for
the amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise
available under law;
(c) The department may terminate this agreement for cause upon such
written notice as is reasonable under the circumstances. Cause shall include, but not
be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; and refusal by the grantee to permit
public access to any document, paper, letter, or other material subject to disclosure
under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under
Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall
include notice of administrative hea::ng rights and time frames.
(e) The grantee shall retum funds to the department if found in non-
, compliance with laws, rules, regulations goveming the.use of the funds or this
agreement.
(f) This agreement may be terminated by the written mutual consent of
the parties.
(g) Notwithstanding the above, the grantee shall not be relieved of
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liability to the department by virtue of any breach of agreement by the grantee. The
department may, to the extent authorized by law, withhold any payments to the grantee
for purpose of set-off until such time as the exact amount of damages due the
department from the grantee is determined.
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(10) 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 at the address identified below and said notification attached to the
original of this agreement.
(b) The name and address of the department contract manager for this
agreement is:
Mr. Ray Smith
Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399 -2100
(c) The name and address of the representative of the grantee
responsible for the administration of this agreement is:
Douglas Gregory, Director
Monroe County Extension Service
Public Service Building
5100 College Road
Kev West. FL 33040
(11) OTHER PROVISIONS
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 grantee, •
in this agreement , in any subsequent submission or response to department request,
or in any submission or response to fulfill the requirements of this agreement, and such
information, representations, and materials are incorporated by reference. The lack of
accuracy thereof or any material changes shall, at the option of the department and
with thirty (30) days written notice to th3 grant a, cause the termination of this
agreement and the release o; the depa:tmen; .rom all its obligations to the grantee.
(b) This agreement shall be construed under the laws of the State of
Florida, and venue for any actions arising out of this agreement shall lie in Leon
County. If any provision hereof is in conflict with any applicable statute or rule, or is
otherwise unenforceable, then such provision shall be deemed null and void to the
extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this agreement.
(c) No waiver by the department of any right or remedy granted
hereunder or failure to insist on strict performance by the grantee shall affect or extend
or act as a waiver of any other right or remedy of the department hereunder, or affect -
the subsequent exe.cise of the same right or remedy by the department for any further
or subsequent default by the grantee. Any power of approval or disapproval granted to
the department under the terms of this agreement shall survive the terms and life of this
agreement as a whole. • •
(d) The provider agrees to comply with the Americans with Disabilities
Act, P.L. 101 -336, 42 U.S.C. 12101 et seq., if applicable, which prohibits discrimination
by public and private entities on the basis of disability in employment, public
accommodations, transportation, State and local government services, and in
telecommunications.
(e) The agreement may be executed in any number of counterparts, any
one of which may be taken as an criginal.
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(f) If applicable, the grantee shall provide the department with a
signed Public Entity Crime Statement, Form PUR 7068, pursuant to the requirements of
Section 287.133(3) (a), Eia. Stat., and enclose it with the agreement documents. If
subgrantees will receive payment from this contract, it is the grantee's responsibility to
ensure that a copy of the form is executed by each for whom it is applicable, anr: is
included with the agreement documents.
(12) AUDIT REQUIREMENTS
(a) The grartee agrees to maintain financial procedures and support
documents, in accordance with generally acTepted accounting principles, to account for
the receipt and expenditure of funds under this agreement.
(b) These records shall be available at all reasonable times for
inspection, review, or audit by state personnel and other personnel duly authorized by
the department. "Reasonable" shall be construed according to circumstances, but
ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time,
Monday through Friday.
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(c) The grantee shall also provide the department with the records,
reports or financial statements upon request for the purposes of auditing and monitoring
the funds awarded under this agreement.
(d) The grantee shall provide the department with an annual financial
audit report which meets the requirements of Sections 11.45 and 216.349, Fla. Stat.,
and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent
applicable, the Single Audit Act of 1984, 31 jJ.S.C. ss. 7501 -7507, OMB Circulars A-
128 or A -133 for the purposes of auditing and monitoring the funds awarded under this
agreement. The funding for this agreement was received by the department as a
grant and aid appropriation.
• 1. The annual financial audit report shall include all management
letters and the grantee's response to all findings, including corrective actions to be
taken.
2. The annual financial audit report shall include a schedule of
financial assistance specifically identifying all agreements and grant revenue by
sponsoring agency and agreement number.
3. The complete financial audit report, including all items
specified in (12)(d) 1 and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2740 Centerview Drive
Tallahassee, Florida 32399 -2100
(e) In the event the audit shows that the entire funds, or any portion
thereof, were not spent in accordance with the conditions of this agreement , the
grantee shall be held liable for reimbursement to the department of all funds not spent
in accordance with these applicable regulations and agreement provisions within thirty
(30) days after the department has notified the grantee of such non - compliance.
(f) The grantee shall retain all financial records, supporting documents,
statistical records, and any other documents pertinent to this contract for a period of
• three years after the date of submission of the final expenditures report. However, if
litigation or an audit has been initiated prior to the expiration of the three -year period,
the records shall be retained until the litigation or audit findings have been resolved.
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(g) The grantee shall have all audits completed by an independent
certified public accountant (IPA) who shall either be a certified public accountant or a
public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the
audit complied with the applicable provisions noted above.
(h) The audit is due seven (7) months after the end of the fiscal
year of grantee or by the date the audit report is issued by the state Auditor General,
whichever is later.
(I) An audit performed by the State Auditor General shall be
deemed to satisfy the above audit requirements.
(13) SUBGRANTEES
If the grantee subgrants any or all of the work required under this
agreement , a copy of the executed subgrant must be forwarded to the department
within thirty (30) days after execution of this agreement. The grantee agrees to include
in the subcontract that (I) the subgrantee is bound by all applicable state and federal
laws and regulations, and (ii) the subgrantee shall hold the department and grantee
harmless against all claims of whatever nature arising out of the subgrantees •
performance of work under this agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS
The agreement contains all the terms and conditions agreed upon
by the parties.
(15) ATTACHMENTS
(a) All attachments to this agreement are incorporated as if set out
fully herein.
(b) In the event of any inconsistencies or conflict between the
language of this agreement and the attachments hereto, the language of such
attachments shall be controlling, but only to the extent of such conflict or inconsistency.
(c) This agreement has the following attachments:
A. Budget Summary and Scope of Work
B. Incorporation of Laws, Rules, Regulations and
Policies, Program Income; Modifications, NBEAP
Client Eligibility, Other Provisions
C. Reports
D. Federal Lobbying Certification
E. Copyright Patent and Trademark
F. Advance Justification
G. NBEAP Statement of Assurances
H. Signature Authorization
I. Special Conditions
(16) FUNDING /CONSIDERATION
(a) This is a cost - reimbursement agreement. The grantee shall be
reimbursed for costs incurred in the satisfactory performance of work hereunder in an
amount not to exceed $39.788 subject to the availability of funds.
(b) Any advance payment under this agreement is subject to
s. 216.181(14), Fla. Stats. The amount which may be advanced may not exceed the
expected cash needs of the grantee within the first three (3) months, based upon the funds
being equally disbursed throughout the contract term. For a federally funded contract, any
advance payment is also subject to federal OMB Circulars A -102, A -110, A -122 and the
Cash Management Improvement Act of 1990. If an advance payment is requested, the
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in tins agreement as r+ttacnrnent r. , ttacrunnent r win speciry tna amount of advance
payment needed and provide an explanation of the necessity for and proposed use of
these funds.
1. No advance payment is requested.
2. X An advance payment of $ 13 , 200 is requested.
(Attachment F must be completed if an advance is requested)
(c) After the initial advance, If any, payment shall be made on a monthly
reknbursement basis as needed. The grantee agrees to expend funds in accordance with
the Budget and Scope of Work, Attachment A of this agreement. •
(17) STANDARD CONDITIONS
The grantee agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this •
agreement is confingent upon an annual appropriation by the Legislature, and subject to
any modification in accordance with Chapter 216, Fla. Stat., or the Florida Constitution.
(b) If otherwise allowed under this agreement, extension of an agreement
for contractual services shall be in writing for a period not to exceed six (6) months and
shall be subject to the same terms and conditions set forth in the initial agreement. There
shah be only one extension of the agreement unless the failure to meet the criteria set forth
in agreement the for completion of the agreement is due to events beyond the control of
the grantee.
(c) All bills for fees or other compensation for services or expenses shall
be submitted in detail sufficient for a proper preaudit and postdated thereof.
(d) The Department of Community Affairs reserves the right to un$ateraUy
cancel this agreement for refusal by the grantee to allow public access to all documents,
papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and
made or received by the grantee in conjunction with the agreement.
(18) STATE LOBBYING PROHIBITION
No funds or other resources received from the department in connection with
this agreement may be used directly or indirectly to influence legislation or any other official
action by the Florida Legislature or any state agency.
Refer to Attachment D for additional terms and provisions relating to
lobbying.
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(19) COPYRIGHT. PATENT AND TRADEMARK
If applicable to this agreement, refer to Attachment E for terms and
conditions relating to copyrights, patents and trademarks.
(20) LEGAL AUTHORIZATION
The grantee certifies with respect to this agreement that it possesses
the legal authority to receive the funds to be provided under this agreement and that, if
applicable, its governing body has authorized, by resolution or otherwise, the execution
• and acceptance of this agreement with all covenants and assurances contained herein.
. The grantee also certifies that the undersigned possesses the authority to legally
execute and bind grantee to the terms of this agreement.
(21) ASSURANCES •
The grantee shall comply with any Statement of Assurances Incorporated
as Attachment G. 8
(kk) VENDOR PAYMEN I S
Pursuant to Section 215.422, Florida Statuteg, the department shall
issue payments to vendors within 40 days after receipt of an acceptable invoice and
res -eipt, inspection, and acceptance of goods and /or services provided in accordance
with the terms and conditions of the agreement. Failure to issue the warrant within 40
days shall result in the department paying interest at the rate as established pursuant to
Section 55.03(1) Fla. Stat., The interest penalty shall be paid within 15 days after
issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state
agency may receive assistance by contacting the Vendor Ombudsman at
(904) 488 -2924 or by calling the State Comptroller's Hotline at 1- 800 - 848 -3792.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed by their undersigned officials as duly authorized.
STATE OF FLORIDA
GRANTEE DEPARTMENT OF COMMUNITY AFFAIRS •
BOARD OF COUNTY COMMISSIONERS B
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111%, ohn A. Lenaerts, Chief
Shirley eeman Bureau of Community Assistance
Mayor /Cha rman
(Type Name and Title)
Date:
Date: 09 .2 P -93-
,9 6000749
Federal Identification Number
(SEAL)
Attest: Danny L. Kolhage, Clerk
By C. 4 svto. ) •
Deputy Clerk
APPROVED AS 17 r^-
NO Lr"' , LSLJ:
fe '
H LEGAUBJFMAASTER.COWNBEAP •
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NBEAP
ATTACHMENT A
BUDGET AND SCOPE OF WORK
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ATTACHMENT A
NET BAN EMERGENCY ASSISTANCE PROGRAM
BUDGET SUMMARY AND SCOPE OF WORK
GRANTEE: Monroe County Board of Commissioners
GRANT AMOUNT: $
Planned Erm.Atea Unit Planned Budgeted
Iloits: Cast: Clients: Amount:
35 Unemployment Insurance Assessment
Fee or Fee Reimbarument ® S,189.00 each x 35 clients - $9450.00
(First Priority) •
3n_ Mortgage Payments @ approximately $250.00 _ each x 30 clients - $J 500.00
in_ Rental Payments @ approximately $250.. 00 each x 20 clients - $ 5000.00
IQ,_ Utility Payments ® approximately $250.00 each x 30 clients - $7500.00
Food Vouchers (a3 approximately $ each x clients - $
Clothing Vouchers (a3 Approximately $ each x clients - $
Transportation Asst. @ Approximately $ each x clients - $
16 Prescriptions @ Approximately $ 250.00 each x 16 clients = 94000.00
R Oas Vouchers @ Approximately $ 11 _0Q_ each x 8 clients - $ 88.00
25 Physicians Fees @ Approximately $250.00 each x 25 clients - li250. 00
TOTAL GRANT AMOUNT: $3j 9.7(38.00
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NBEAP
ATTACHMENT B
JNCORPORATION OF LAWS. RULES AND REGULATIONS AND POLICIES
PROGRAM INCOME
MODIFICATIONS
CSBG CLIENT ELIGIBILITY AND CLIENT RECORDS
OTHER PROVISIONS
(Page 1 of 2)
(1) INCORPORATION OF LAWS. RULES AND REGULATIONS AND
POLICIES
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Both the grantee and the department shall be govemed by applicable laws and
local rules, including, but not limited to: The Omnibus Budget Reconciliation Act of
1981 (P.L. 97 -35, as amended), Rule Chapter 9B -22, Florida Administrative Code, and
45 C.F. R. Parts 84,86 and 90.
(2) PROGRAM INCOME
(a) Except as provided for advance payments in paragraph (16) (c)
above, the grantee may temporarily invest grant funds, but any interest income shall
either be retumed to the department or be applied against the department's obligation
to pay the contract amount. Any interest income eamed by the temporary investment
of these grant funds that are not applied against the department's obligation to pay shall
be returned to the department at the time of submission of the final close -out report.
(b) Grantee may apply program income for eligible program activities in
accordance with Rule Chapter 9B -22, Florida Administrative Code. 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.
(3) . MODIFICATIONS
(a) As provided in Rule 9B- 22.09, Fla. Admin. Code, the department or
the grantee may request modifications to this agreement. Changes in the approved
work plan may be made by a grantee only after formal modification to the contract is
approved in writing by the department. •
(b) The department shall not be obligated to reimburse a grantee for
outlays in excess of the funded amount of the grant agreement unless and until the •
department officially approves such expenditures by executing a written modification to
the original contractual agreement.
(c) The grantee must notify the department in writing prior to effecting a
budget change within the limitations set forth in this section and Rule Chapter 9B -22,
Fla. Admin. Code,
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NBEAP
ATTACHMENT B
(Page 2 of 2)
(4) NBEAP CLIENT ELIGIBILITY AND CLIENT RECORDS
1. The grantee shall certify each client receiving NBEAP funded
services as income eligible at 125% or less of the current Office of Management and
Budget Poverty Guidelines as required by CSBG law and rule. In order to certify each
client, the grantee shall be required to maintain current (less than one year old) source
documentation of income eligibility. In the event that the client cannot provide income
documentation, the grantee shall require the client to provide a signed certification of
eligibility to attest to the client's verbal declaration. This certification must specify the
reasons that no current documentation could be provided by the client.
2. Grantee must obtain copy of applicant's Florida Saltwater Products
License or applicant statement that fish were harvested with nets between January 1,
1994 and June 30, 1995.
3. The grantee will maintain a separate record for each NBEAP client
which includes at least the following data: client name, address, sex, age, income
amount and method of verification, date client was interviewed, services performed for
the client and documentation of any denial of client services.
4. Grantees are required tottave written client appeal procedures for
any client denied services using NBEAP funds.
5. Client records and all NBF..AP related documentation are to be
made available for public inspection during normal business hours upon request.
(5) OTHER PROVISIONS
All records, correspondence, employee time sheets, board minutes,
board meeting notices and other documents related to NBEAP funded activities shall be
• available for public inspection during normal business hours.
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NBEAP
ATTACHMENT C
REPORTING REQUIREMENTS
(1) For those grantees providing transportation disadvantaged
assistance, quarterly transportation disadvantaged reports are required no later than
21 days after the end of each quarter of the program year and shall continue to be
submitted each quarter until submission of the administrative close -out report.
(2) For those grantees providing transportation disadvantaged
assistance, an annual, cumulative transportation disadvantaged report is required at
the time of the administrative close -out of the contract.
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NBEAP
ATTACHMENT D
FEDERAL LOBBYING CERTIFICATION
(1) No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any state or federal 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 , and the extension, continuation,
renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
(2) -If arty 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
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employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
(4) This certification is a material representative 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.
Grantee
(Signature)
(Title)
14
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NBEAP
ATTACHMENT E
COPYRIGHT. PATENT AND TRADEMARK
(1) If the grantee brings to the performance of this agreement a pre-
existing patent or copyright, the grantee shall retain all rights and entitlements to that
pre- existing patent or copyright unless the agreement provides otherwise.
(2) If any discovery or invention arises or is developed in the course of or
as a result of work or services performed under this agreement , or in any way
connected herewith, the grantee shall refer the discovery or invention to the department
for a determination whether patent protection will be sought in the name of the State of
Florida. Any and all patent rights accruing under or in connection with the performance
of this agreement are hereby reserved to the State of Florida. In the event that any
books, manuals, films, or other copyrightable material are produced, the grantee shall
notify the department. Any and all copyrights accruing or in connection with the
performance under this agreement are hereby reserved to the State of Florida.
(3) Within thirty (30) days of execution of this agreement, the grantee shall
disclose all intellectual properties relevant to the performance of this agreement which
he or she knows or should know could give rise to a patent or copyright. The grantee
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 occur during performance of the agreement.
15
NBEAP
ATTACHMENT F
ADVANCE JUSTIFICATION
(Next Page)
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' r _ . ,:1' 7 - .. . 1. _ .; 4 .X. . :Pfi. - f u, 4cM r .,.._
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NBEAP
ATTACHMENT F
ADVANCE JUSTIFICATION
`nstruction : Check one and complete the following:
' g) Advance Justification. Complete the following three -month expebse projection for the grant funds
portion of the budget. The advance cannot exceed 50% of the contract amoupl Authorized
signature L required at bottom of page.
) No Advance required. Authorized signature is required at bottom of page.
'ontract Amount: S
XPENSE . PROJECTED EXPENSES
ATEGORY
1st MONTH 2nd MONTH 3rd MONTH TOTAL
Unemployment Fee/
Fee Reimbursement 1890.00 1890.00 1890.00 5670.00
Mortgage Payments 1250.00 1250.00 1250.00 3750.00
Rectal Payments 500.00 500. no' 500.00 1500.00
Utility Payments 250.00 250.00 250.00 750.00
Food Vouchers
Clothing Vouchers
Transportation
Vouchers
Prescriptions 250.00 250.00 250.00 750,,00
Gas Vouchers in nn 10 nn 10.00 1n _ nn
Phyeidaas 250.00 250.00 250.00 750,00
GRAND TOTAL L' qn no 434n_f1n 49gn.n0 137,nn_no
GRANTEE AUTHORIZED SIGNATURE DATE
.ru�rsr
• ATTACHMENT G
STATEMENT OF ASSURANCES
(Page 1 of 2)
1. 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 or part of this agreement or to any benefit to arise from the same.
2. interest of Members. Officers. or Employees of Recipient. Members of Local
Governing Body. or Other Public Officials. No member, officer, or employee of the
grantee, 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 grantee 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. 112.9061, Fla. Stat.
3. Nepotism. The grantee agrees to abide by the provisions of s. 122.3125,
na. p...'raining to nepotism in their performance under this agreement.
4. NBEAP Assurances. The grantee hereby assures and certifies as a
condition of receipt of Net Ban Emergency - Assistance Program (NBEAP) funds, that it
and its subgrantees will comply with the applicable requirements of Federal and State
laws, rules, regulations, and guidelines. As part of its acceptance and use of NBEAP
funds, the grantee assures and certifies that:
(a) The grantee possesses the legal authority to apply for the grant, and
that the contract proposal has been approved by the grantee's governing body,
including all.: ssure. ices contained herein.
(b) The grantee will utilize all NBEAP funds to provide a range of services
and activities having measurable and potentially major impact on causes of poverty in
the community where poverty is a particularly acute problem.
(c) The grantee will provide for coordination among antipoverty programs
in each community and, where appropriate, with emergency energy crisis intervention
programs under Title XXVI of the Low - Income Home Energy Assistance Act conducted
in each community.
(d) The grantee possesses the sound fiscal controls and fund accounting
procedures necessary to adequately safeguard the assets of the agency, check the
accuracy and reliability of ac;. unting data, promote operating efficiency and maintain
compliance with prescribed management policies of the agency.
(e) The grantee will permit and cooperate with Federal and State
investigations designed to evaluate compliance with'the law.
(f) The grantee will give the department, the Auditor General or any
authorized representatives, complete access to examine all records, books, papers or
documents related to all fiscal and program operations of the grant, including those of
any subgrantee.
(g) The grantee 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.
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NBEAP
ATTACHMENT G
STATEMENT OF ASSURANCES
(Page 2 of 2)
(h) If the grantee administers a transportation program, it will comply with
Chapter 427, Fla. Stat., so that it wi'i coordinate with the appropriate transportation
providers(s).
(i) The NBEAP application and all its attachments, including budget data,
are true and correct.
(j) The grantee will prohibit any political activities in accordance with
subsection (e) of Section 675 (c) (6).
(k) The grantee will comply with section 680 of Public Law 97 -35, as
amended, which prohibits use of.CSBG funds for purchase or improvement of land, or
the purchase, construction, or permenant improvement (other than low -cost residential
weatherization or other energy related home repa!rs) of any builk;ng or other facility.
(I) This agreement has been approved by the grantee's governing body
by official action, and the officer who signs it is duly authorized to sign this agreement.
•
18
96NB- 4T- 11 -54 -01 -017
Contract Number
NBEAP
ATTACHMENT H
SIGNATURE AUTHORIZATION FORM
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
NET BAN EMERGENCY ASSISTANCE PROGRAM
Monroe County Board of County Commissioners
Grantee Name
cSkt.;.1
by the grantee on
(As signed y -
g
the original agreement) Signature
Shirley Freeman
Name
Mayor /Chairman
Title
The signature of the person(s) shown below are designated and authorized to
sign fiscal reports on behalf of the contract listed above:
.TamPR i RnhertS
Name Signature
Monroe County Adm inistrarnr
Title
Deanna S. Lloyd
Name Signature
Grants Manager
Title
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NBEAP
ATTACHMENT I
SPECIAL CONDITIONS
(a) The grantee and its subgrantees shall comply with the following special
conditions:
(b) Failure of the grantee or its subgrantees to comply with the special
conditions this agreement shall be cause for the immediate suspension of
payments, and may be cause for the immediate termination of this agreement.
20