09/21/1995 Agreement — ` pOUMTy 'o
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289 -6027 KEY WEST, FLORIDA 33040 TEL. (305) 852 -7145
TEL. (305) 292 -3550
M E M O R A N D U M
To: James L. Roberts, County Administrator
Attn: Dee Lloyd,
Grants Management
From: Isabel C. DeSantis, Deputy Clerk C�.C,/D..
Date: November 6, 1995
As you know, at the September 21, 1995 meeting, the Board granted
approval and authorized execution of a Grant Agreement between
Monroe County and the Department of Community Affairs for the
Low - Income Home Energy Assistance Program (LIHEAP).
Attached hereto are three duplicate originals of the subject
Agreement for your follow- through with DCA. Please be sure that
a fully executed copy is returned to this office as quickly as
possible.
Should you have any questions concerning this matter, please do
not hesitate to contact me.
cc: County Attorney
Finance
%/Pile
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Contract Number: 95EA- 3V- 11 -54 -01 -019
CFDA Number: 93.568
LOW INCOME HOME ENERGY ASSISTANCE PROGRAM 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
MOPROE CO BOARD OF COMMISSIONERS , (hereinafter referred to
as the "subgrantee ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the subgrantee 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 offet of the subgrantee upon the terms and conditions
hereinafter set forth.
C. WHEREAS, the department has authority pursuant under Section
409.508, Florida Statutes to disburse the grant funds under this
agreement.
NOW, THEREFORE, the department and the subgrantee do mutually agree
as follows:
(1) SCOPE OF WORK
The subgrantee shall fully perform the obligations in accordance
with the scope of work (Attachment A) and the budget (Attachments D and
E), of this agreement.
(2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES
Both the subgrantee and the department shall be governed by
applicable state and federal laws, rules and regulations, including but
not limited to those identified in Attachment A.
(3) pERIOD OF AGREEMENT
This agreement shall begin upon execution by both parties or April
1, 1995, whichever is later, and shall end March 31, 1996, unless
terminated earlier in accordance with the provisions of paragraph (10) of
this agreement.
(4) MODIFTCATION OF AGREEMENT
Either party may request modification of the provisions of this
agreement. Changes which are mutually agreed upon shall be valid only
when reduced to writing, duly signed by each of the parties hereto, and
attached to the original of this agreement.
(5) RECORDKEEPING
(a) If applicable, subgrantee's performance under this agreement
shall be subject to OMB Circular No. A -102, "Uniform Administrative
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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."
(b) All original records pertinent to this agreement shall be
retained by the subgrantee for three years following the date of
termination of this agreement or of submission of the final close - out
report (Attachments J and K), whichever is later, with the following
exceptions:
1. 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 resolved.
2. Records for the disposition of non - expendable personal
property valued at $1,000 or more at the time of acquisition shall be
retained for three years after final disposition.
3. Records relating to real property acquisition shall be
retained for three years after closing of title.
4. 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.
5. All property purchased under this agreement shall be listed
on the property records'of the subgrantee. Said listing shall include a
description of the property, model number, manufacturer's serial number,
funding source, information needed to calculate the federal and /or state
share, date of acquisition, unit cost, property inventory number and
information on the location, use and condition, transfer, replacement or
disposition of the property.
6. All such property purchased under this agreement shall be
inventoried annually and an inventory report shall be submitted to the
department as part of the close -out report (Attachment K).
(c) All records, including supporting documentation of all program
costs, shall be sufficient to determine compliance with the requirements
and objectives of the budget (Attachments D and E) and scope of work
(Attachment A) and all other applicable laws and regulations.
(d) The subgrantee, its employees or agents, including all
subsubgrantees 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 subgrantee shall provide the department with
LIHEAP QUARTERLY PROGRAM REPORTS (ATTACHMENT H) and LIHEAP MONTHLY
FINANCIAL STATUS REPORTS (ATTACHMENT I), and with a LIHEAP FINAL
FINANCIAL STATUS REPORT (ATTACHMENT K) and a LIHEAP FINAL PROGRAM REPORT
(ATTACHMENT K). The subgrantee shall comply with any additional
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reporting requirements contained in Attachment A.
(b) Monthly reports are due and must be received by the department no
later than the twentieth (20th) of each month following the reporting
month in which funds were expended, and shall continue to be submitted
each month until submission of the administrative close -out report.
(c) Quarterly reports are due and must be received by the department
no later than the twentieth (20th) of the month following the end of the
last month of the quarterly reporting period, and shall continue to be
submitted each quarter until submission of the administrative close -out
report.
(d) The close -out report is due 60 days after termination of this
agreement or upon completion of the activities contained in this
agreement.
(e) If all required reports and copies, prescribed above, are not
sent to the department or are not completed in a manner acceptable to the
department, the department may withhold further payments until they are
completed or may take such other action as set forth in paragraph (10).
The department may terminate the agreement with a subgrantee if reports
are not received within 20 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 (Attachments D and E) and scope of work (Attachment A).
(f) Upon reasonable notice, the subgrantee shall provide such
additional program updates or information as may be required or requested
by the department, including supporting or source documentation for any
reports identified above in this section and in Attachment A, Section G.
(g) The subgrantee shall provide additional reports and information
as identified in Attachment A.
(7) MONITORING
The subgrantee shall constantly monitor its performance under this
agreement to ensure that time schedules are being met, the budge is
being followed and the scope of work is being accomplished within
specified time periods, procedures are properly followed, 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.
(8) LIABILITY
The subgrantee shall be solely responsible to parties with whom it
shall deal in carrying out the terms of this agreement and, if the
subgrantee is a non - profit organization, shall hold the department
' harmless against all claims of whatever nature by third parties arising
out of the performance of work under this agreement. For purposes of
this agreement, the subgrantee agrees that it is not an employee or agent
of the department, but is an independent subgrantee.
(9) $ONDINN
The subgrantee agrees to furnish an insurance bond from a
responsible commercial surety company to cover all officers, employees
and agents of the subgrantee authorized to handle funds received or
disbursed under this agreement. The bond shall be in an amount
commensurate with the funds handled, the degree of risk as determined by
the surety company, and consistent with good business practice.
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(10) DIPAIILT 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; however, 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 subgrantee
in this agreement or any previous agreement with the department shall at
any time be false or misleading in any respect, or if the subgrantee
shall fail to keep, observe or perform any of the terms or covenants
contained in this agreement or any previous agreement with the department
and has not cured such in timely fashion, or is unable or unwilling to
meet its obligations thereunder.
2. •If any material adverse change shall occur in the
financial condition of the subgrantee 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 subgrantee 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.
4. If the'subgrantee has failed to perform and complete in
timely fashion any of the services required under the budget (Attachments
D and E) and scope of work (Attachment A).
(b) Upon the happening of an event of default, the department
may, at its option, upon written notice to the subgrantee and upon the
subgrantee'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 subgrantee is
given at least fifteen (15) 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 an appropriate 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
subgrantee 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 subgrantee to suspend, discontinue or refrain from incurring costs
for any activities in question or requiring the subgrantee to reimburse
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the department for the amount of costs incurred for any items determined
to be ineligible.
5. Exercise any other rights or remedies that 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 subgrantee to permit
public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Florida Statutes, as amended.
(d) Suspension or termination constitutes final department action
under Chapter 120, Florida Statutes, as amended. Notification of
suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) The subgrantee shall return funds to the department if found in
non - compliance with laws, rules, or regulations governing 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 subgrantee shall not be relieved
of liability to the department by virtue of any breach of agreement by
the subgrantee. The department may, to the extent authorized by law,
withhold any payments to the subgrantee for purpose of set -off until such
time as the exact amount of damages due the department from the
subgrantee is determined.
(10) NOTTCE 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 and said
notification attached to the original of this agreement.
(b) The department contract manager for this agreement is:
Mr. Ray Smith, Planning Manager
Low Income Home Energy Assistance Program
Department of Community Affairs
Division of Housing & Community Development
Bureau of Community Assistance
(c) The Representative of the subgrantee responsible for the
administration of this agreement is:
Deanna S. Lloyd. Grants Manager
Public Service Bldg., 5100 College Road
Kev West. FL. 33040
(d) In the event that different representatives are designated by
either party after execution of this agreement, notice of the name, title
and address of the new representative will be rendered as provided in
(10) (a) above.
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(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 subgrantee in this agreement, in any subsequent
submission or response to department request, or in any submission or
response to fulfill the requirements of this agreement, and such
information, representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shall,
at the option of the department and with thirty (30) days written notice
to the subgrantee, cause the termination of this agreement and the
release of the department from all its obligations to the subgrantee.
(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 subgrantee
shall affect or extend or act as a waiver of any other right or remedy of
the department hereunder, or affect the subsequent exercise of the same
right or remedy by the department for any further or subsequent default
by the subgrantee. Any power of approval or disapproval granted to the
department under the terms of this agreement shall survive the terms and
life of this agreement as a whole.
(d) The agreement may be executed in any number of counterparts, any
one of which may be taken as an original.
(12) mrmIT EOUIREMENTS
(a) The subgrantee agrees to maintain financial procedures and
support documents, in accordance with generally accepted accounting
principles, to account for the receipt and expenditure of funds under
this agreement.
(b) These records shall be available at all reasonable times for
inspection, review, or audit by state personnel and other personnel duly
authorized by the department. "Reasonable" shall be construed according
to circumstances, but ordinarily shall mean normal business hours of 8:00
a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The subgrantee 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 subgrantee shall provide the department with an annual
financial audit report which meets the requirements of Sections 11.45 and
216.349, Florida Statutes, and Chapter 10.550 and 10.600, Rules of the
Auditor General, and, to the extent applicable, the Single Audit Act of
1984, 31 U.S.C. ss. 7501 -7507, OMB Circulars A -128 and A -133 for the
purposes of auditing and monitoring the funds awarded under this
agreement. The funding for this agreement is received by the department
as a grant in aid appropriation.
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1. The annual financial audit report shall include all
management letters and the subgrantee'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 agreement
and grant revenue by sponsoring subgrantee 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, was not spent in accordance with the conditions of this
agreement, the subgrantee 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 subgrantee of such non - compliance.
(f) The subgrantee shall retain all financial records, supporting
documents, statistical records, and any other documents pertinent to this
agreement 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.
(g) The subgrantee 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, Florida Statutes. The IPA shall state that the audit complied with
the applicable provisions noted above.
(13) SUBCONTRACTS
(a) If the subgrantee subcontracts any or all of the work required
under this agreement, the subgrantee agrees to include in the subcontract
that the bsubgrantee is bound by the terms and conditions of this
agreement with the department.
(b) The subgrantee agrees to include in the subcontract that the
subsubgrantee shall hold the department and subgrantee harmless against
all claims of whatever nature arising out of the subsubgrantee's
performance of work under this agreement, to the extent allowed and
required by law.
(c) If the subgrantee subcontracts, a copy of the executed
subcontract must be forwarded to the department within ten (10) days
after execution.
(14) TRRMS AND CONDITIONS
This agreement contains all the terms and conditions agreed upon by
the parties.
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(15) ATTACHMENTS
(a) All attachments (A through K) 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.
(16) FUNDING /CONSIDERATION
(a) This is a cost - reimbursement agreement. The subgrantee shall
be reimbursed for costs incurred in the satisfactory performance of work
hereunder in an amount not to exceed $91,09fi_0o , subject to the
availability of funds.
(b) Any advance payment (Attachment C) under this agreement is
subject to s. 216.181(12), Florida Statutes. The amount which may be
advanced may not exceed the expected cash needs of the subgrantee within
the first three (3) months, based upon the funds being equally disbursed
throughout the agreement term. For a!!federally funded agreement, 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 budget data on which the request is based and a
justification statement shall be included in this agreement as Attachment
C. Attachment C will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these
funds.
1. XX No advance payment is requested.
2. An advance payment of $ is requested.
(c) After the initial advance, if any, payment shall be made on a
monthly reimbursement basis. The subgrantee agrees to expend funds in
accordance with the budget and scope of work of this agreement.
(d) Advanced funds may be temporarily invested by the subgrantee
in an insured interest bearing account. Interest earned on advance funds
shall be retained by the subgrantee and used in the program to provide
assistance to eligible households in accordance with the Omnibus Budget
Reconciliation Act of 1990. All interest reinvested in the program shall
reduce the amount of the agreement obligation from the department by a
like amount. Interest earned shall be reflected on the LIHEAP MONTHLY
FINANCIAL STATUS REPORT (Attachment I) as earned income.
(e) Unexpended Funds: Funds which are not expended by the end of
this agreement must be returned to the department within 60 days. If
these funds are not returned within 60 days the subgrantee agrees to
return them with one percent interest per month.
(f) Obligation of Funds: Funds will be considered obligated if
the subgrantee has an agreement to purchase signed and dated before the
end of the agreement period. Benefit funds will be considered obligated
when the subgrantee has a worksheet signed and dated approving a
household for payment.
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(g) Budget Modification: Procedures for modifying the budget are
detailed in Attachment A of this agreement.
(17) STANDARD CONDITIONS
The subgrantee agrees to be bound by the following standard
conditions:
(a) 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, Florida Statutes.
(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 shall be only one
extension of the agreement unless the failure to meet the criteria set
forth in the agreement for completion of the agreement is due to events
beyond the control of the subgrantee.
(c) All bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper preaudit
and postaudit thereof.
(d) If otherwise allowed under this agreement, all bills for any
travel expenses shall be submitted in accordance with s. 112.061, Florida
Statutea.
(e) The department reserves the right to unilaterally cancel this
agreement for refusal by the subgrantee to allow public access to all
documents, papers, letters or other material subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the subgrantee in
conjunction with the agreement.
(18) J.nBBYTNG PROHTBITTON
The subgrantee certifies, by his /her signature to this agreement,
that to the best of his or her knowledge and belief:
(a) No federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any federal contract, grant, loan
or cooperative agreement.
(b) If any funds other than federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress
in connection with this federal contract, grant, loan or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its
instructions.
(c) 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,
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loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly. This certification is a material
representative of fact upon which reliance was placed when this
transaction was mane 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.
(d) 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.
(19) COPYRIGHT. PATENT AND TRADEMARK
(a) If the subgrantee brings to the performance of this agreement a
pre - existing patent or copyright, the subgrantee shall retain all rights
and entitlements to that pre - existing patent or copyright unless the
agreement provides otherwise.
(b) If any discovery or invention arises or is developed in the
course of or as a result of work or services performed under this
agreement, or in any way connected herewith, the subgrantee 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 subgrantee shall notify the
department. Any and all copyrights accruing under or in connection with
the performance under this agreement are hereby reserved to the State of
Florida.
(c) Within thirty (30) days of execution of this agreement, the
subgrantee 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 subgrantee 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.
(20) LRGAL AUTHORIZATION
The subgrantee 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
subgrantee also certifies that the undersigned possesses the authority to
legally execute and bind subgrantee to the terms of this agreement.
(21) ASSURANCES
The subgrantee shall comply with any Statement of Assurances
incorporated as Attachment A.
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(22) VENDOR PAYMRNTS
Pursuant to Chapter 215.422, Florida Statutes, the department shall
issue payments to vendors within 40 days after receipt of an acceptable
invoice and receipt, inspection, and acceptance of goods and /or services
provided in accordance with the terms and conditions of the agreement.
Failure to issue the warrant within 40 days shall result in the
department paying interest at a rate as established pursuant to Section
55.03(1) Florida Statutes. The interest penalty shall be paid within 15
days after issuing the warrant.
Vendors experiencing problems obtaiding 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 agreement to be
executed by their undersigned officials as duly authorized.
STATE OF FLORIDA
SUBGRANTEE DEPARTMENT OF COMMTTNITY AFFAIRS
• By
Shirley Fr an rha;,- John A. Lenaerts, Chief
(Type Name and Title) Bureau of Community Assistance
Board of County Commissioners
Date 10 /1 /95 Date
Attest •
59 6000749
Federal Identification Number
Attest: DANNY
� L. KOLHAGE, Clerk
ByD / C•
Deputy Cler
APPROVIM AS 70 r "' •
AN7 LE � '
0 ":41 0
/ -/, F
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ATTACHMENT A
A. $COPE OF WORK
The subgrantee shall utilize the funds provided under this agreement
to:
(1) Conduct outreach activities designed to ensure that eligible
households, especially households with elderly individuals or handicapped
individuals, or both, are made aware of the assistance available under this
agreement.
(2) Coordinate services between programs for potential clients,
living in the service area, with the departments' Weatherization Assistance
Programs and County Cooperative Extension Office's energy conservation
informatiqn department.
(3) Provide assistance to clients in completing state provided
applications for assistance and determining eligibility.
(4) Make home visits to home -bound clients for completion of the
program application or eligibility determination when other assistance such
as by telephone is not adequate.
(5) Have agreements with home energy vendors which benefit clients.
(6) Make LIHEAP payments based on a state- provided payment matrix.
(7) In most instances, make vendor payments directly to fuel
providers or subgrantees on behalf of eligible clients.
(8) In instances where vendor agreements cannot be negotiated, make
payments directly to clients in the form of a one or two party check.
(9) Determine the correct amount of each crisis benefit based on the
minimum necessary to resolve the crisis, but not more than the item limits
or total limit set by the department.
(10) Check LIHEAP records and Emergency Home Energy Assistance for the
Elderly Program (EHEAEP) records (for households with elderly members) to
avoid duplicate crisis assistance payments during the same heating or
cooling season.
(11) Provide some form of assistance that will resolve the energy
crisis, if such household is eligible to receive such benefits, not later
than 48 hours after a client applies for energy crisis benefits.
(12) Provide some form of assistance that will resolve the energy
crisis, if such household is eligible to receive such benefits and is in a
life- threatening situation, not later than 18 hours after a client applies
for energy crisis benefits.
(13) Resolve client- vendor differences.
(14) Provide fair hearings to clients upon request.
(15) The subgrantee shall be responsible for notifying each
participating household of the amount of assistance paid on its behalf to
home energy suppliers or the reason for no assistance being paid.
B. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The applicable documents governing service provision regulation are
the Omnibus Budget Reconciliation Act of 1981, Title XXVI Low Income Home
Energy Assistance; Administrative Rule 9B -59; the Request for Proposal,
Low Income Home Energy Assistance Program, RFP No. 92 -15JD, guidelines
contained in Section B., Objectives and Other Requirements, and the LIHEAP
manual. If there is a conflict between this agreement, the RFP or the
subgrantee's response, the provisions in the RFP shall prevail.
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C. SPECIAL PROVISIONS
(1) The subgrantee must budget between six and twenty -five percent of
the total agreement amount for the crisis program. Two percent of the
total agreement funds must, by federal law, be held in the weather related
or supply shortage emergency program category, until March 15 of each
program year for a possible disaster. These funds will be used during
state or federal emergencies declared by the governor or president. In the
event of an emergency being officially declared and the subgrantee or the
department finds that the two percent will not be a sufficient amount to
meet the emergency, the subgrantee may, if needed to meet the emergency,
draw on other agreement categories up to 15% of the total agreement without
additional written authorization. After March 15, if no such emergency has
been declared, the subgrantee will allocate these funds to the crisis or
the home energy category of the program without additional written
authorization from the department.
The subgrantee may transfer 20 percent of the total of any line item
to any other line item without written approval of the department as long
as the receiving line item is not over the maximum allowed. The subgrantee
may transfer any and all of the administration and outreach line items to
any client benefit category without additional written authorization from
the department. Any other transfer must be first approved in writing by
the department. •
For the purpose of transferring funds between line items, the
following are considered line items; administration, outreach, home energy
assistance, crisis assistance, and weather related supply shortage.
(2) In addition to the audit and record keeping requirements
contained in Section I.C., 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 subgrantee.
(3) If the U.S. Department of Health and Human Services initiates a
hearing regarding the expenditure of funds provided under this agreement,
the subgrantee shall cooperate with, and upon written request, participate
with the department in the hearing.
(4) The department shall furnish a payment level matrix for each of
the three climatic zones within the state that will be used by the
subgrantee when determining payment levels.
(5) The subgrantee shall ensure that the home energy supplier will
charge the eligible household, in the normal billing process, the
difference between the actual cost of the home energy and the amount of the
payment made by the subgrantee.
(6) The subgrantee shall ensure that the home energy supplier will
provide assurances that any agreement entered into with a home energy
supplier will contain 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.
(7) The subgrantee shall ensure that 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.
(8) The subgrantee shall ensure that only heating and cooling related
elements of a fuel bill are eligible for payment. In no instance may water
and sewage charges be paid except if required by the vendor under the
crisis category to meet the requirement of solving the crisis. Vendors
must be made aware that those charges are the responsibility of the client.
(9) The subgrantee 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.
(10) The subgrantee shall be responsible for entering into written
agreements with home energy suppliers containing all of the above
requirements.
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(11) The subgrantee shall agree to treat owners and renters equitably
under this agreement.
(12) The subgrantee shall make written provisions to provide an
opportunity for a fair administrative hearing to individuals whose claim
for assistance are denied or are not acted upon with reasonable promptness.
Such provisions must be posted in a prominent place within the office where
it is on view for all applicants.
(13) Funds under this agreement may not be used for the purchase of
land, or the purchase, construction, or permanent improvement of any
building or other facility. •
D. CLIENT ELIGIBILITY REQUIREMENTS
The local service subgrantees will be responsible for determining the
eligibility of the clients applying for the LIHEAP program and its crisis
components.
Client eligibility is based on nine factors. They are as follows:
(1) The client must reside in a Florida county covered by the
eubgrantee's agreement where and when application is made as indicated by
the address given and the date stamped on the application.
(2) The client must complete an application and return all required •
information and verification to the subgrantee while funds remain
available.
(3) The client must provide a fuel bill for home energy or provide
other documentation proving an obligation to pay for home heating and /or
cooling costs.
(4) The client must have a total household income (less exceptions)
of not more than 125V of the OMB federal poverty level for their
household's size.
(5) The client must have a verifiable home energy crisis (crisis
components only).
(6) The crisis client's household must not have liquid assets that
total or exceed the amount needed to resolve the crisis.
(7) The client must not live in government subsidized housing
projects where home heating and cooling costs are totally included in their
rent and they have no obligation to pay any portion of the home heating and
cooling costs.
(8) The client must not reside in a group living facility or a home
where the cost of residency is at least partially paid through any foster
care or residential program administered by the state.
(9) The client must not be a student living in a dormitory.
E. STATEMENT OF ASSURANCE
(1) The subgrantee will provide information to local media and
agencies in contact with low income individuals announcing the beginning of
both the crisis program component and the heating and cooling assistance
program with information stating how, where, and when to apply, as well as
the benefits available and eligibility criteria.
(2) The subgrantee will operate both program components in a manner
that makes them available to all potentially eligible clients in their
service area.
(3) The subgrantee will make home visits or telephone interviews when
necessary, particularly with the elderly and handicapped.
14
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(4) The subgrantee will determine the correct amount of the benefit
payment for each LIHEAP household based on a state - provided payment matrix
and worksheet.
(5) The subgrantee will determine the correct amount of the benefit
payment for each crisis household based on the minimum necessary to resolve
the crisis but not more the maximum per household and maximum per item set
by the department.
(6) The subgrantee will distribute payments to vendors under vendor
agreements on behalf of eligible households. Vendor payments shall be made
directly to fuel providers by the subgrantee on behalf of eligible clients,
unless the subgrantee is unable to secure a vendor agreement. In instances
where vendor agreements cannot be negotiated, payments shall be made to the
clients in the form of a one or two party check.
(7) The subgrantee will deny ineligible applicants within 30 days of
receiving all requested information.
(8) The subgrantee will furnish applicants with a Notice of Approval
or Notice of Denial.
(9) The subgrantee will make home energy payments within 30 days of
the date all requested information is received.
(10) The subgrantee will make payments on a "first come, first served"
basis.
F. 0 ER SPECIAL REOUIREMENTS
(1) The subgrantee shall ensure that no person shall be excluded from
participation in any activity of the program on the grounds of race, color,
national origin, sex or age, and such person shall not be subjected to
discrimination under any activity funded in whole or in part with these
funds.
(2) The subgrantee will define what criteria and verification will be
used in its local area to determine if a household is in danger of losing
heating or cooling energy.
(3) The subgrantee will take applications when it has a signed
agreement, advance funding and adequate training, and continue taking
applications until the agreement expires, funds run out, or a break is
needed to allow staff time to process applications already received.
(4) The subgrantee will not charge applicants a fee for service to
provide these benefits.
(5) The subgrantee will furnish supervision of all staff members
assigned responsibilities for these programs, especially new and temporary
employees.
(6) The subgrantee will be in a location and operate during hours
available to clients.
(7) The subgrantee will refund, with non - federal funds, to the
department all funds incorrectly paid to clients that cannot be collected
from the client.
(8) The subgrantee will have its trainers attend training sessions,
not to exceed three days, as scheduled by the department to cover LIHEAP
policies and procedures.
(9) The subgrantee will furnish training for all staff members
assigned responsibilities for the program.
(10) The subgrantee will add information such as the subgrantee's
name, address, and times of operation to the forms provided by the
department or similar subgrantee - developed forms and duplicate as needed.
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G. REPORTS
(1) Annual reports - Within 60 days after the end of the
contract /program the subgrantee shall submit a LIHEAP Close -out Report,
consisting of the following:
(a) LIHEAP FINAL FINANCIAL REPORT (ATTACHMENT K)
(b) LIHEAP FINAL PROGRAM REPORT (ATTACHMENT J)
(2) Monthly reports - The following monthly report must be provided
to the department by no later than the twentieth (20th) of each month
following the end of the reporting month in which funds were expended:
(a) LIHEAP MONTHLY FINANCIAL STATUS REPORT (ATTACHMENT I)
(3) Ouarterly Reports - For each county the subgrantee serves, the
following quarterly report must be provided to the department by no later
than the twentieth (20th) of the month following the end of the last month
of the quarterly reporting period:
(a) LIHEAP QUARTERLY PROGRAM REPORT (ATTACHMENT H)
The reports shall be submitted to:
A. Ray Smith, LIHEAP
Department of Community Affairs
Housing and Community Development
2740 Centerview Drive
Tallahassee, Florida 32399 -2100
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ATTACHMENT B
95EA- 3V- 11 -54 -01 -019
Contract Number
(To be assigned by DCA)
SIGNATURE AUTHORIZATION FORD'(
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
MCNROE COUNTY BOARD OF CCt+MISSICNERS
SUBGRANTEE NAME
As signed by the subgrantee on the
original agreement. Signature
Print Name
•
Title
The signature of the person(s) shown below are designated and authorized to sign fiscal
reports on behalf of the contract listed above:
Signature Signature
JAmPA T. Rnhvrt near.pa C 11o7d
Print Name Print Name
Monroe County Arimini atrator Grant Mana
Title Title
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ATTACHMENT C
LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
REQUEST FOR ADVANCE PAYMENT
Indicate if you are requesting an advance or if no advance is being
requested by placing an X in the appropriate brackets below. If you are
requesting an advance, you must also complete the calculation of the
advance amount below. Whether requesting an advance or not, be sure to
complete the signature block at bottom.
[ ] ADVANCE REQUESTED
We are requesting an advance of $ for the operation of
the first three months of the program.
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 the advance.
Calculation of the advance amount:
Total Allocation $
Times 25t X .25
Requested Advance $
[X] NO ADVANCE REQUESTED
Authorized Signature Date
Mavnr, Monrr+e COjr tv
Title
Board of Commissioners
Name of Agency
18
ATTACHMENT D
LIHEAP BUDGET
SUBGRANTEE: MONROE COUNTY BOARD OF COMMISSIONERS
CONTRACT #: 95EA- 3V- 11 -54 -01 -019
TAX EXEMPT NUMBER: 59- 6000 -749
(If none, attach a copy of the certificate of incorporation)
REVENUE SOURCES (Round figures to nearest dollar.)
1. LIHEAP: $ 91,098.00
LIHEAP FUNDED PROGRAMS ONLY
SUBGRANTEE ADMIN. EXPENSES:
LIHEAP FUNDS
2. Salaries including fringe 6,432.00
3. Rent and Utilities
4. Travel 400.00
5. Other
6. SUBTOTAL (lines 2 -5)
(not to exceed 7.54 of line 1) 6,832.00
OUTREACH EXPENSES:
7. Salaries including fringe 11,345.00
8. Rent and Utilities
9. Travel 400.00
10. Other (Brochure printing) 1,000.00
11. SUBTOTAL (lines 7 - 10).
(not to exceed 15% of
line 1 minus line 6) 12,745.00
SUBGRANTEE PROGRAM EXPENSES:
12. Home energy assistance payments 46,924.00
13. Crisis Payments 22,775.00
14. Weather Related /Supply Shortage 1,822,00
15. SUBTOTAL (lines 12 - -14). 71,521.00
16. TOTAL 91,098,00
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ATTACHMENT E
LIHEAP BUDGET DETAIL
NAME OF APPLICANT: MONROE COUNTY BOARD OF CC MISSIONERS
LINE EXPENDITURE DETAILS
ITEM Round up line item totals to dollars. LIHEAP
NO. Do not use cents and decimals in totals. FUNDS
2. Salaries including fringe 6,432.00
Salary 5,133.30
FICA .392.70
Retire 906.00
4. Travel 400.00
7. Salaries including fringe 11,345.00
Salary 9,054.00 •
FICA 692.65
Retire 1,598.00
9. Travel 400.00
10. Other Brochure printing 1,000.00
Mail -outs
Office /operating supplies
Advertisements
12. Home ehergy assistance payments 46,924.00
13. Crisis payments 22,775.00
14. Weather Related /Supply Shortage 1,822.00
•
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20
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