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03/20/1996 Agreement = c ouwr * `` E ? t M at 1 Oannp 1. itotijage 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 FAX (305) 289 -1745 TEL. (305) 292 -3550 FAX (305) 852 -7146 FAX (305) 295 -3660 ME 1 4 O R A N D U M To: James Roberts, County Administrator Attn: Dee Lloyd, Grants Management From: Isabel C. DeSantis, Deputy Clerk Date: April 1, 1996 _ - -_ As you know, at the March 2 1996 meeting, the Board granted approval and authorized execution of a Grant Agreement between f Monroe County and the Florida Department of Community Affairs for the Low Income Home Energy Assistance Program (LIHEAP) for fiscal year 1997. Attached hereto are three duplicate originals of the above executed by Monroe County 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, please do not hesitate to call. cc: County Attorney Finance /File Contract Number: 96FA- 5F- 11- 54- o1 -o19 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 Monroe County .Board cif C nmmi nnPrc (hereinafter referred to as the "Grantee "). 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. 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 Grantee do mutually agree as follows: (1) SCOPE OF WORK The Grantee shall fully perform the obligations in accordance with the B udget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Grantee and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties or April 1, 1996, whichever is later, and shall end March 31, 1997, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF AGREEMENT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. Any additional terms and conditions pertaining to modification of this Agreement are set forth in Attachment B. (5) RECORDKEEPING (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. 1 • (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 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. (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. (e) Any additional terms and conditions pertaining to property management and procurement under this Agreement are set forth in Attachment C. (6) REPORTS (a) At a minimum, the Grantee shall provide the Department with monthly financial status reports, quarterly program reports, and a close -out report. (b) Monthly reports are due and must be received by the Department no later than the twenty -first (21st) of each month following the reporting month in which funds were expended, and shall continue to be submitted each month until submission of the close -out report. (c) Quarterly reports are due and must be received by the Department no later than the tweny -first (21st) 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 close- out report. (d) The close -out report is due 45 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 (9). The Department may terminate the Agreement with a Grantee 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 and Scope of Work. (f) Upon reasonable notice, the Grantee 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. 2 (7) MONITORING (a) The Grantee shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the budget 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. (b) Training and technical assistance shall be provided by the Department, within limits of staff time and budget, upon request by the Grantee and /or upon 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 third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, the 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, Florida Statutes, agrees to be fully responsible 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; 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 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 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 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. 3 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, 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 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 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 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 Grantee 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 Grantee 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 Grantee shall not be relieved of 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. 4 • (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 identified below and said notification attached to the original of this Agreement. (b) The Department contract manager responsible for this Agreement is: Mr. Robert Lakin, Planning Manager Bureau of Community Assistance Division of Housing & Community Development Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 -2100 (c) The name and address of the representative of the Grantee responsible for administration of this Agreement is: Deanna S. Lloyd Grants Manager Ptib1'i r Servi rP R1dp _ 5100 College Road T<PV WPsr, FT. 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. (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 the Grantee, cause the termination of this Agreement and the release of the Department from 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 exercise 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 Grantee agrees to comply with the Americans With Disabilities Act (Public Law 101 -336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 5 (e) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. - (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) Florida Statutes, and enclose it with the Agreement documents. If subcontractors 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, and is included with the Agreement documents. (12) AUDIT REQUIREMENTS (a) The Grantee 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 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, 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. 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 Agreement and grant revenue by sponsoring Grantee 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 the Inspector General 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 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 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. 6 (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, Florida Statutes. 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 the 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) SUBCONTRACTS If the Grantee subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract 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 subcontractor shall hold the Department and Grantee harmless against all claims of whatever nature arising out of the subgrantee's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS This 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 and Scope of Work B. Incorporation of Laws, Rules, Regulations and Policies; Program Income; Modifications; Other Provisions; Client Eligibility and Client Records; Other Special Requirements; Bonding C. Recordkeeping; Property Management and Procurement D. Reports E. Federal Lobbying Certification F. Copyright, Patent and Trademark G. Advance Request and Justification H. Statement of Assurances 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 $ 53, 544.00 , subject to the availability of cash. The Grantee is authorized to incur costs in an amount not to exceed $ 53.544.00 until the Department receives final budget authority. Based on the final budget authority, the parties shall amend this Agreement to increase or decrease the total allocation amount. 7 (b) Any advance payment (Attachment G) 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 Grantee 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 G. Attachment G 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. Attachment G must be completed if an advance is requested. (c) After the initial advance, if any, payment shall be made on a monthly reimbursement basis. The Grantee agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (d) Advanced funds may be temporarily invested by the Grantee in an insured interest bearing account. Interest earned on advance funds shall be retained by the Grantee 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 monthly financial status report 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 Grantee agrees to return them with one percent interest per month. (f) Obligation of Funds: Funds will be considered obligated if the Grantee has an Agreement to purchase signed and dated before the end of the Agreement period. Benefit funds will be considered obligated when the Grantee has a worksheet signed and dated approving a household for payment. (g) Budget Modification: Procedures for modifying the budget are detailed in Attachment B 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 contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes 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 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 Grantee. (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 Statutes. 8 (e) The Department reserves the right to unilaterally 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, Florida Statutes, and made or received by the Grantee in conjunction with the Agreement. (f) If the Grantee is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Departs vent or be applied against the Department's obligation to pay the contract amount. (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 E for additional terms and provisions relating to lobbying. This attachment must be signed by the person with signature authority for the Grantee. (19) COPYRIGHT. PATENT AND TRADEMARK If applicable to this Agreement, refer to Attachment F 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 H. (22) VENDOR PAYMENTS Pursuant to Section 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 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 Agreement to be executed by their undersigned officials as duly authorized. STATE OF FLORIDA SUBGRANTEE DEPARTMENT OF COMMUNITY AFFAIRS By CI Lai y,;F AI-g " frfrta '` i° By Shirley Freeman, MavR ..., Rosa M. Morgan, Chief (Type Name and Title) Bc OSof PApultiS s loner s Bureau of Community Assistance Z••�o, Date 0 3 - ao-9( G ': •=- Date _4 SEAL) : A` ATTEST: DANNY L. KOLHAGE, CLERK Attest � � '. �j• •• •' �.�� BY �C ' 1 ��� APPROVED AS TO FobRM 59 hn007A9 '' DEPUTY LERK A • EGAL Federal ri S ral Identification Number :, �.�' "/ RO :ERT N DAT "• Ai_dor 9 LIHEAP ATTACHMENT A BUDGET AND SCOPE OF WORK A. BUDGET The Budget, Budget Detail, Work Plan and Work Plan Summary are incorporated as attached. B. SCOPE OF WORK The Grantee 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 information 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 Grantees 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 Grantee 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. 10 ATTACHMENT A Page 1 of FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS LOW INCOME HOME ENERGY ASSISTANCE PROGRAM CONTRACT PROPOSAL FEDERAL FISCAL YEAR: Q6 CONTRACT PERIOD: April 1. 1996 TO March 31, 1997 FOR DCA USE ONLY DATE RECEIVED: CONTRACT NO: REVIS1ON(S) RCVD: \ GRANT TYPE: .Low Income Home Energy Assisstance Program DCA CONSULTANT: GRANTEE CATEGORY: g) Eligible Entity { ) Local Government ( } Migrant/Seasonal Farmworker Organization II. COUNTIES TO BE SERVED WITH THESE FUNDS: Monro III. GENERAL ADMINISTRATIVE INFORMATION a. Name of Grantee:: Monroe County Board of Commis sioners b. Address: Public Service Bldg,, 5100 College Road City: Kev West _ FL Zip Code: '13040 TelepLne: X05 292 -4474 County: 14onroe Fax: (30)5 292 -4515 c. Mailing Address (if different from above): , FL Zip Code: d. Chief Elected Official (For local governments) or President/ Chairman of Board (for corporations): Name: Shirley_ Freeman Title: Mayor, Board of County Commissioners e. Official to Receive State Warrant: Name: Deanna S. Lloyd Title: Monroe County Grants Manager Mailing Address: public Service Bldg., 5100 College Road Kev We s t , FL Zip Coder 040 f. Contact Person: Name: Deanna S_ Lloyd Title: Monroe County Grants Manager Mailing Address: same as above , FL Zip Code: telephone: ( ) Fax: . l ) g. Person(s) authorized to sign fiscal reports: Deanna S. Lloyd James L. Roberts h.. Federal Identification Number: 59 6000749 III. SUBGRANTEE INFORMATION These funds will be transferred to: PC) No Subgrantees { } _ SUBGRANTEE(s) as follows: Name and address of subgrantee(s) Contact rerson and Telephone Number: rage of ATTACHMENT A LIHEAP BUDGET GRANTEE: Monroe County Board of Commissioners CONTRACT #: 96EA- 5F- 11 -54 -01 -019 REVENUE SOURCES (Round figures to nearest dollar.) 1. LIHEAP: $ 53,554.00 LIHEAP FUNDED PROGRAMS ONLY GRANTEE ADMINISTRATION EXPENSES: LIHEAP FUNDS 2. Salaries including fringe $ 3917.00 3. Rent and Utilities 4. Travel 100.00 5. Other 6. SUBTOTAL (lines 2 -5) $ 4017.00 (not to exceed 7.5 of line 1) OUTREACH EXPENSES: 7. Salaries including fringe $ 7231.00 8. Rent and Utilities 9. Travel 200.00 10. Other 11. SUBTOTAL (lines 7 - 10). (not to exceed 150 of $ 7431.00 line 1 minus line 6) GRANTEE PROGRAM EXPENSES: 12. Home energy assistance payments $24346.00 13. Crisis Payments 16918.00 14. Weather Related /Supply Shortage 842.00 15. SUBTOTAL (lines 12 - -14). $42107.00 16. TOTAL $53554.00 1 ubc vi ATTACHMENT A LIHEAP BUDGET DETAIL NAME OF GRANTEE: Monroe County Board of Commissioners 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 $ 3,9i7.00 Salary $3,126.00 FICA 239.00 Ret 906.00 4. Travel I 100.00 7. Salaries including fringe 7,2.31.00 Salary $5,771.00 FICA 441.00 Ret 1019.00 9. Travel 2.00.00 12. Horse Energy Assistance 24,346.00 13. Crisis Payments 16,918.00 14. Weather Related /Supply Shortage 842.00 LA •A. w N acn M x 0 > o G a. n ri - a • cn N . N n L O cn gg Ul CD o 0 a , CD (D ti CD cn r. , A • 4t 4t z z x , I- N) y 8 y lri O In g.). 0 • O P • fD �' a . o c . ( P co cr cn 1 • co ■-h) o ca 0 ca cn 5 0 c ( (D D cn 0 (D (D • O 1- (D (n cn (D (n (n (D cn rt 1 rt • I- a W n 0 I-• 1- t 0• rt r• w I ht) , P3 rt ca •-• In as I- In w (n 0 0 CDp . 0N • rt 0N rt C G a rt (D a. 0 G (D O 0 CD (D • 0 'C 0a 1 `C CM F- rt I 0 0 '0 'C o o as 0 o ~ a • (n a rt rrt 0 rt 0G� Q' II r• 0 ( C D ( (D D � "dcnpl- 5r- 01-1 Po 11) w �" (D 'd (D r• (D I-'• (D (n (D (7 (7 1-1 4 a. rt rt 0 0. I-1 as ' r• I- w I- I- 0 ro y O QCQ sv C (n'< w <4 PO rl, 1 ca 0o C w0 C (D d n M 0 P3 rt wN• 0' N •I rt '• co a x G n GG GG 0G rtC r. nw ' 0 0° 0 0 (Do cn 1-4 0 � • (D O ca P3 ( . (D t1 En . 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P. cn Cn In t-: N w Z n b ... i. co — r'O In O In O ,'•• C a tli { z( FA m y ti7 c d C] y O C7 ro 1-I O c ; '_] y I M Cn d CI y C O 4 LIHEAP ATTACHMENT B INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES PROGRAM INCOME MODIFICATIONS OTHER PROVISIONS 'CLIENT ELIGIBILITY AND CLIENT RECORDS OTHER SPECIAL REQUIREMENTS BONDING A. 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 Chapter 9B -59, Florida Administrative Code; and the LIHEAP Manual. B. PROGRAM INCOME Except as provided for advance payments in paragraph (16)(d) above, the Grantee may temporarily invest grant funds, but any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. Any interest income earned 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. The amount of program income and its disposition must be reported in the final close- out-report. C. MODIFICATIONS (1) 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. (2) The Department shall not be obligated to reimburse the Grantee 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 contractual agreement. (3) All requests for modifications in excess of twenty percent (20 %) of the line item or the total budget must be submitted to the Department for written approval thirty (30) days prior to the anticipated implementation date. Failure to meet this time frame may result in reimbursement delays. The Grantee must use a LIHEAP modification package, provided by the Department, which includes amended budget, budget detail, work plan and work plan summary. (5) The Grantee may transfer up to twenty percent (20 %) of the total of any line item to any other line item, without approval from the Department, as long as the receiving line item is not over the maximum allowed. This transfer must be indicated in the monthly financial status report for the month in which the transfer occurred. The Grantee may transfer any and all of the administration and outreach line items to any client benefit category without additional written 11 authorization from the Department. Only unobligated funds may be transferred from one line item to another line item. Any other transfer must be first approved in writing by the Department. (6) 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. D. OTHER PROVISIONS (1) The Grantee must budget between six (6) and twenty -five (25) percent of the total Agreement amount for Crisis Assistance. Two (2) 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 Grantee or the Department finds that the two percent will not be a sufficient amount to meet the emergency, the Grantee 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 Grantee will allocate these funds to the crisis or the home energy category of the program without additional written authorization from the Department. (2) In addition to the audit and record keeping requirements contained in Section (12) 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 Grantee. (3) If the U.S. Department of Health and Human Services initiates a hearing regarding the expenditure of funds provided under this Agreement, the Grantee 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 Grantee_when determining payment levels. (5) The Grantee shall ensure that the home energy supplier viii 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 Grantee. (6) The Grantee 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 Grantee 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 Grantee 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 Grantee shall make vendors aware that when the benefit amount to the client does net pay for the complete charges owed by a client, that the client is responsible for the remaining amount owed. (10) The Grantee shall be responsible for entering into written Agreements with home energy suppliers containing all of the above requirements. (11) The Grantee shall agree to treat owners and renters equitably under this Agreement. 12 (12) The Grantee 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. (14) All records, correspondence, employee timesheets, board minutes, board meeting notices and other documents related to LIHEAP funded activities shall be available for public inspection during normal business hours. E. CLIENT ELIGIBILITY REQUIREMENTS The local service Grantees 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 Grantee'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 Grantee 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 125% 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. F. OTHER SPECIAL REQUIREMENTS (1) The Grantee 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 Grantee 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 Grantee 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. 13 (4) The Grantee will not charge applicants a fee to provide these benefits. (5) The Grantee will furnish supervision of all staff members assigned responsibilities for these programs, especially new and temporary employees. (6) The Grantee will be in a location and operate during hours available to clients. (7) The Grantee will refund, with non - federal funds, to the Department all funds incorrectly paid to clients that cannot be collected from the client. (8) The Grantee 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 Grantee will furnish training for all staff members assigned responsibilities for the program. (10) The Grantee will add information such as the Grantee's name, address, and times of operation to the forms provided by the Department or similar Grantee - developed forms and duplicate as needed. G. BONDING The Grantee agrees to furnish an insurance bond from a responsible commercial surety company to cover all officers, employees and agents of the Grantee 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. 14 LIHEAP ATTACHMENT C RECORDKEEPING PROPERTY MANAGEMENT AND PROCUREMENT A. RECORDKEEPING (1) 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. (2) 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 exceptions: (a) 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. (b) 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. (c) Records relating to real property acquisition shall be retained for three years after closing of title. (3) 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. (4) 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. B. PROPERTY MANAGEMENT AND PROCUREMENT (1) 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. (2) All property purchased under this Agreement shall be listed on the property records of the Grantee. 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. (3) 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. 15 • { LIHEAP ATTACHMENT D REPORTS REPORTS (1) Annual reports - Within 45 days after the end of the contract/program the Grantee shall submit a LIHEAP Close -out Report, consisting of the following: (a) LIHEAP FINAL FINANCIAL REPORT (b) LIHEAP FINAL PROGRAM REPORT (2) Monthly reports - The following monthly report must be provided to the Department by no later than the twenty -first (21st) of each month following the end of the reporting month in which funds were expended: { (a) LIHEAP MONTHLY FINANCIAL STATUS REPORT (3) Quarterly Reports - For each county the Grantee serves, the following quarterly report must be provided to the Department by no later than the twenty -first (21st) of the month following the end of the last month of the quarterly reporting period: (a) LIHEAP QUARTERLY PROGRAM REPORT The reports shall be submitted to: Mr. Robert Lakin, Planning Manager Bureau of Community Assistance Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 -2100 16 ATTACHMENT D DUE ON THE 20TH OF THE MONTH FOLLOWING THE REPORT PERIOD LIHEAP MONTHLY FINANCIAL STATUS REPORT SUBGRANTEE: EXPENDITURES FOR THE MONTH OF: CONTRACT #: EXPENDITURES BUDGET CURRENT TOTAL (A -C) ALLOCATION MONTH TO DATE BALANCE CATEGORIES A B C D PROVIDER ADMINISTRATION OUTREACH HOME ENERGY ASSIST. BENEFITS CRISIS BENEFITS • WEATHER RELATED SUPPLY SHORTAGE TOTALS CASH POSITION Total requested from DCA: $ Interest income: Less: Total disbursed by provider: $ Cash on hand: $ Reimbursement request: $ SUBGRANTEE'S OFFICER: TITLE: DATE: DEPARTMENT REVIEWER: DATE: 7 ATTACHMENT D DUE ON THE 20TH OF THE MONTH FOLLOWING THE REPORT PERIOD LIHEAP QUARTERLY PROGRAM REPORT SUBGRANTEE: * *COUNTY: FOR QUARTER ENDING: CONTRACT NUMBER: TOTAL NUMBER OF HOUSEHOLDS HOME ASSISTED IN EACH INCOME LEVEL: ENERGY CRISIS DISASTER UNDER $2,000 — $2,000 - $3,999 $4,000 - $5,999 $6,000 - $7,999 $8,000 - $9,999 $10,000 - $11,999 $12,000 - $14,999 • $15,000 AND OVER _ s r TOTAL NUMBER OF HOUSEHOLDS HOME ASSISTED WITH AT LEAST ONE: ENERGY CRISIS DISASTER • ELDERLY MEMBER f �� HANDICAPPED MEMBER TOTAL NUMBER OF HOUSEHOLDS ASSISTED HOME BY FUEL TYPE USED MOST FOR HEATING: ENERGY CRISIS DISASTER NATURAL GAS LIQUID PROPANE ELECTRIC FUEL OIL OR KEROSENE WOOD OR OTHER TOTAL NUMBER OF HOUSEHOLDS: HOME ENERGY CRISIS DISASTER SUBGRANTEE'S SIGNATURE: TITLE: DATE: DEPARTMENT REVIEWER: DATE: ** A Quarterly Program Report must be completed for each county served. ATTACHMENT D DUE 60 DAYS AFTER THE END OF THE LIHEAP PROGRAM LIHEAP FINAL FINANCIAL STATUS REPORT GRANTEE: CONTRACT #: . - y CONTRACT START DATE: CONTRACT END DATE: L SUMMARY OF DISBURSEMENTS A. ADMINISTRATION: B. OUTREACH: $ C. BENEFITS TO CLIENTS Home energy assistance - winter $ Home energy assistance - summer $ Crisis - winter $ Crisis - summer Weather Related /Supply Shortage $ Total benefits to applicants D. TOTAL AUTHORIZED ACCRUALS $ r E. TOTAL SPENT (A rt B + C + D) EQUIPMENT INVENTORY (Cost over $500) DATE OF COST SERIAL SUBGRl1NT EE'S LOCATION DESCRIPTION PURCHASE OF EQUIPMENT NUMBER I.D. OF EQUIPMENT FINAL CASH POSITION A. Total received from the department: $ B. Total disbursed by provider: $ (authorized expenditures and accruals) C. Balance (A -B) $ D. Interest earned: $ E. Cash on hand: (C + D) * $ * The unspent amount above must be returned to the state office. Attach check payable to DCA LIHEAP. Also attach the LIHEAP FINAL PROGRESS REPORT for each county you serve. GRANTEE'S SIGNATURE: TITLE: DATE: DEPARTMENT REVIEWER: DATE: ATTACHMENT D DUE 60 DAYS AFTER THE END OF THE LIHEAP PROGRAM LIHEAP FINAL PROGRAM REPORT (Submit a separate report for each county served) SUBGRANTEE: COUNTY: STATISTICS FOR THE YEAR: CONTRACT #: TOTAL NUMBER OF HOUSEHOLDS HOME ENERGY CRISIS ASSISTED IN EACH INCOME LEVEL: HEATING COOLING HEATING COOLING UNDER $2,000 $2,000 - $3,999 $4,000 - $5,999 $6,000 - $7,999 $8,000 - $9,999 $10,000 - $11,999 $12,000 - $14,999 $15,000 AND OVER TOTAL NUMBER OF HOUSEHOLDS HOME ENERGY CRISIS HEATING COOLING HEATING COOLING ASSISTED WITH AT LEAST ONE: ELDERLY MEMBER HANDICAPPED MEMBER TOTAL NUMBER OF HOUSEHOLDS ASSISTED HOME ENERGY CRISIS BY FUEL TYPE USED MOST FOR HEATING: HEATING I COOLING COOLING NATURAL GAS LIQUID PROPANE ELECTRIC FUEL OIL OR KEROSENE WOOD OR OTHER TOTAL NUMBER OF HOUSEHOLDS: HOME ENERGY CRISIS HEATING COOLING HEATING COOLING APPLICATIONS RECEIVED APPROVED SUBGRANTEE'S SIGNATURE: TITLE: DATE: DEPARTMENT REVIEWER: DATE: CSBG ATTACHMENT E FEDERAL LOBBYING PROHIBITIONS • The Grantee certifies, by its signature to this agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any 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 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 or cooperative agreement, the , Congress in connection with this Federal contract, g rant , loan undersigned shall complete and submit Standard Form -LLL, or 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. Monroe County Board of Commissioners Grantee Signature 17 LIHEAP ATTACHMENT F COPYRIGHT. PATENT AND TRADEMARK (a) 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. (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 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 a!i 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 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 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. • 18 • LIHEAP ATTACHMENT G • ADVANCE REQUEST AND JUSTIFICATION • 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 this advance. Calculation of the advance amount: • Total Allocation $ Times 25% X .25 • Requested Advance $ • NO ADVANCE REQUESTED Authorized Signature Date Monroe County Grants Manager Title Mnnrna r.ni my Roar — nf (n,�i�c e; Name of Agency 19 • LIHEAP ATTACHMENT H 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 or part of this agreement or to any benefit to arise from the same. B. 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, Florida Statutes. C. Nepotism. The Grantee agrees to abide by the provisions of s. 122.3125, Florida Statutes, pertaining to nepotism in their performance under this Agreement. D. LIHEAP Assurances. The Grantee hereby assures and certifies as a condition of receipt of Low Income Home Energy Assistance Program 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 LIHEAP funds, the Grantee assures and certifies that: (1) 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 assurances contained herein. (2) 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 accounting data, promote operating efficiency and maintain compliance with prescribed management policies of the agency. (3) The Grantee will permit and cooperate with Federal and State investigations designed to evaluate compliance with the law. (4) 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. (5) 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 Civi! Rights Act of 1964; and 45 C.F.R. Parts 84, 86 and 90. (6) The Grantee 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. 20 (8) The Grantee will prohibit any political activities in accordance with subsection (e) of Section 675 (c) (6). (9) 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. (10) The Grantee 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. (11) The Grantee will operate both program components in a manner that makes them available to all potentially'eligible clients in their service area. (12) The Grantee will make home visits or telephone interviews when necessary, particularly with the elderly and handicapped. (13) The Grantee will determine the correct amount of the benefit payment for each LIHEAP household based on a state - provided payment matrix and worksheet. (14) The Grantee 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. (15) The Grantee will distribute payments to vendors under vendor Agreements on behalf of eligible households. Vendor payments shall be made directly to fuel providers by the Grantee on behalf of eligible clients, unless the Grantee 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. (16) The Grantee will deny ineligible applicants within 30 days of receiving all requested information. (17) The Grantee will furnish applicants with a Notice of Approval or Notice of Denial. (18) The Grantee will make home energy payments within 30 days of the date all requested information is received. (19) The Grantee will make payments on a "first come, first served" basis. This may be established and verified by date stamping each LIHEAP application as it is received or by program staff hand writing and initialing the date and time each application is received. • 21 LIHEAP 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 under this agreement shall be cause for the immediate suspension of payments, and may be cause for the immediate termination of this agreement. • 22 •