Modification 001 CONTRACT NO: 9 7EA- 7P- 11 -54 -01 -018
MODIFICATION NO: 1
MODIFICATION OF AGREEMENT
BETWEEN
• FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND
the Monroe County Board of Comrmiesioners
The agreement for the period April 1. 1997 to March 31. 1998, between the Department of
Community Affairs and the Monroe County Board of Commiaaione ;bearing the
above contract number Is modified by mutual agreement of the parties as follows:
Clause (16)(a) Fundine/Consideration is hereby amended to read:
`"this is a cost reimbursement agreement. The Recipient shall be reimbursed for costs incurred in the
satisfactory performance of work hereunder in an amount not to exceed $ 84. 717.00 , .
subject to the availability of cash and appropriate budget authority." This figure includes:
1. $ 67, 731 Current FFY 1997 -98 LIHEAP contract allocation.
2. + $ 1f?, 986 Additional Energy Contingency Funds
ATTACHMENT A: _
Budget Changes
ATTACHMENT A:
Work Plan Changes
All other provisions of the contract not in conflict with this modification remain in full force and effect.
RECIPIENT STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Name:Monroe County
Board of Comm ssioners
B l�l _ . - r�2 -- y.
B
Keith Douglass, P yor Rosa M. Morgan, Chief
(Type Name and Title) Bureau of Community Assistance
Date: /I�(p'Q7 Date: /
, r 6000749
"'ZFe¢ ' Identification Number
•\ ` 1 DMNYL ImUTAoE t
APPROVED AS TO FORM
A ' L GAL UFFI
8 '+ .,/
RO ERT N. .
DATE AP - Z •
R��f 1 VFD
Page 2 — of 5
AMENDED LIHEAP BUDGET SUMMARY
RECIPIENT: Monroe County Board of Coranissioners
REVENJJE SOURCES (Round figures to nearest dollar):
LIIIEAP $ 84.717 (This total must agree with total on Line I )
LIHEAP FUNDED PROGRAMS ONLY BELOW THIS LINE
Previous Total Amended Total
LIHEAP Funds LIHEAP funds
1. LIHEAP: $ $ 67, 731.00 $ 84.717.00
SUBRECIPIENT ADMINISTRATIVE
EXPENSES
2. Salaries including Fringe 4,680.00 5,854.00
3. Rent and Utilities
4. Travel 100.00 i 50.00
5. Other - 300.00 '340 00
6. SUBTOTAL (Lines 2 -5)
5,080.00 6 , 354.00
(Total cannot exceed 7.5% of Line 1)
OUTREACH EXPENSES Previous Total Amended Total
LIHEAP Funds LIHEAP Funds
7. Salaries including Fringe 9,093.00 11, 355.00
8. Rent and Utilities
9. Travel 100.00 150.00
10. Other 200.00 250.00
11. SUBTOTAL (Lines 7 -10)
(Total cannot exceed 15% of Line 1 minus Line 6) 9,398.00 11, 7 55.00
SUBRECIPIENT PROGRAM EXPENSES Previous Total Amended Total
LIHEAP funds LIHEAP funds
12. Home Energy Assistance Payments 34 598.00 43,708.00
13. Crisis Payments 17,300.00 21, 200.00
14. WEATHER RELATED /SUPPLY 1,355.00 1,700.00
SHORTAGE ** (SEE NOTE BELOW) **
15. SUBTOTAL (Lines 12 -14) 53,253.00 66,608.00
16. TOTAL (Line 6 +11 +15) -. 67,731.00 84,717.00
** THIS LINE ITEM IS MANDATORY. The amended total must be equal to at (east 2%
of the total grant amount (Line 1, Column 3)
Page 3 of S
Mod /t 1
ATTACHMENTA
AMENDED LIHEAP BUDGET DETAIL
RECIPI:NT:Monroe County Board of Commissioners
LINE EXPENDITURE DETAIL LIHEAP FUNDS
ITEM
NO. Round up line item totals to dollars. Do not use
cents or decimals in totals.
2 Salaries including Fringe 5854.00
Salary $ 4680.00
FICA 358.00
Ret 816.00
4 Travel 150.00
5 Other 350.00
7 Salaries including Fringe 11355.00
Salary $ 9078.00
FICA 695.00
Ret 1582.00
9 Travel 150.00
10 Other 250.00
12 Hone Energy Assistance 43708.00
13 Crisis Payments 21200.00
14 Weather Related /Supply Shortage 1700.00
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LIHEAP FY 1997
Contract Number: 97EA 7P 11 - 54 - 01 - 018
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 of County Commissioners, (hereinafter referred to as the
"Recipient").
THIS Agreement IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient 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 Recipient upon the terms and conditions hereinafter set forth.
WHEREAS, the Department has authority pursuant to Florida law to disburse the
grant funds under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mttually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES.
Both the Recipient 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, 1997, whichever is
later, and shall end March 31, 1998, unless terminated earlier in accordance with the provisions
of paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT: REPAYMENTS.
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.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs ", and mailed directly to the
Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Any additional terms and conditions pertaining to modification of this Agreement are set
forth in Attachment B.
(5) RECORDKEEPING
(a) If applicable, the Recipient's performance under this Agreement shall be
subject to the Common Rule, 45 CFR Part 74 and 92, or OMB Circular No. A -110, "Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations,"
and either 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 Recipient shall be subject to Federal
Acquisition Regulations 31.2 and 931.2.
(b) All original records pertinent to this Agreement shall be retained by the
Recipient 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 $5,000 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 Recipient, its employees or agents, including all contractors 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 H.
(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly
reports, and a close -out report.
(b) Quarterly reports are due to 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. The ending dates for each quarter of the program are June 30, September 30,
December 30, and March 30.
(c) The close -out report is due 60 days after termination of this Agreement or
upon completion of the activities contained in this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the
Department 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 Recipient if
reports are not received within 30 days after written notice by the Department. "Acceptable to
2
the Department" means that the work product was completed in accordance with generally
accepted principles and is consistent with the Budget and Scope of Work.
(e) Upon reasonable notice, the Recipient shall provide such additional
program updates or information as may be required by the Department.
(f) The Recipient shall provide additional reports and information as identified
in Attachment D.
(7) MONITORING
The Recipient shall constantly monitor its performance under this Agreement to
ensure that time schedules are being met, the Budget and Scope of Work is being
accomplished within specified time periods, and other performance goals are being achieved.
Such review shall be made for each function or activity set forth in Attachment A to this
Agreement.
(8) LIABILITY.
(a) Except as otherwise provided in subparagraph (b) below, the Recipient
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 Recipient agrees that it is not an employee or agent of the Department, but is
an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section
768.28, Fla. Stat., agrees to be fully responsible 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 Recipient to which sovereign immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to
be sued by third parties in any matter arising out of any contract.
(9) DEFAULT. REMEDIES. TERMINATION
(a) 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, or if any of the following events occur ( "Events of Default "), all obligations on the
part of the Department to make any further payment of funds hereunder shall, if the
Department so elects, terminate, and the Department may at its option exercise any of its
remedies set forth herein; but the Department may make any payments or parts of payments
after the happening of any Events of Default without thereby waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this
Agreement or any previous Agreement with the Department shall at any time be false or
misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the
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 Recipient 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 Recipient 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 Recipient 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.
(b) Upon the happening of an event of default, the Department may, at its
option, upon written notice to the Recipient and upon the Recipient'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 Recipient is given at least
thirty (30) days prior written notice of such termination. The notice shall be effective when
placed in the United States mail, first class mail, postage prepaid, by registered or certified
mail- return receipt requested, to the address set forth in paragraph (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 Recipient 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.4he Recipient to
suspend, discontinue or refrain from incurring costs for any activities in question or requiring
the Recipient 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 Recipient to permit public
access to any document, paper, letter, or other material subject to disclosure under
Chapter 119, Fla. Stats., 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 Recipient 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 Recipient shall not be relieved of liability to
the Department by virtue of any breach of Agreement by the Recipient. The Department may,
to the extent authorized by law, withhold any payments to the Recipient for purpose of set -off
until such time as the exact amount of damages due the Department from the Recipient is
determined.
(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.
4
(b) The Department contract manager responsible for this Agreement is:
Mr. Robert Lakin, Planning Manager
Florida Department of Community Affairs
Division of Housing & Community Development
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahassee, FL 32399 -2100
(c) The name and address of the representative of the Recipient responsible
for administration of this Agreement is: _
Deanna S. Lloyd
Grants Manager
Public geriiicP Building
5100 College Road
Key West, FL 33040
(d) In the event that different representatives or addresses are designated by
either party after execution of this Agreement, notice of the name; title and address of the new
representative will be rendered as provided in (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 Recipient in this
Agreement, in any subsequent submission or response to Department request, or in any
submission or response to fulfill the requirements of this Agreement, and such information,
representations, and materials are 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 Recipient, cause the termination of this Agreement and the release of the
Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida,
and venue for any actions arising out of this Agreement shall lie in 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 Recipient shall affect or extend or act as a waiver
of any other right or remedy of the Department hereunder, or affect the subsequent exercise of
_ the same right or remedy by the Department for any further or subsequent default by the
Recipient. 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.
(e) The Recipient 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
• (f) A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with a
public entity, and may not transact business with any public entity in excess of Category Two
($15,000 in September 1996) for a period of 36 months from the date of being placed on the
convicted vendor list.
(12) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support
documents, in accordance with generally accepted accounting principles, to account for the
receipt and expenditure of funds under this Agreement.
(b) These records shall be available at 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 Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds
awarded under this Agreement.
(d) The Recipient shall provide the Department with an annual financial audit
report which meets the requirements of Sections 11.45 and 216.349, FIa.Stat., and Chapter
10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single
Audit Act of 1984, 31 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 Recipient'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 Recipient
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
2555 Shumard Oak Boulevard
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 Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Department
has notified the Recipient of such non - compliance.
(f) The Recipient 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.
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(g) The Recipient shall have all audits completed by an independent certified
public accountant (IPA) who shall either be a certified public accountant or a public accountant
licensed under Chapter 473, Fla.Stat. The IPA shall state that the audit complied with the
applicable provisions noted above.
(h) The audit is due seven (7) months after the end of the fiscal year of the
Recipient or by the date the audit report is issued by the state Auditor General, whichever is
later.
(1) An audit performed by the state Auditor General shall be deemed to satisfy the
above audit requirements.
(13) SUBCONTRACTS
If the Recipient 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 Recipient agrees to include in the
subcontract that (i) the subRecipient is bound by all applicable state and federal laws and
regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against
all claims of whatever nature arising out of the subRecipient'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 Rally 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. Program Statutes and Regulations
C. Recordkeeping
D. Reports
E. Federal Lobbying Prohibitions
F. Justification of Advance Payment
G. Copyright, Patent and Trademark
H. Property Management and Procurement
I. Statement of Assurances
J. Special Conditions
(16) FUNDING /CONSIDERATION
(a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed
for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$67,731, subject to the availability of cash and appropriate budget authority. The grantee is
authorized to incur costs in an amount not to exceed $33,865.50 until the department receives the
full federal allocation. Based on the final federal allocation, the parties shall amend the
agreement to increase or decrease the total grant allocation accordingly.
(b) Any advance payment under this Agreement is subject to s. 216.181(14),
Florida Statutes. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months, based upon the funds being equally
disbursed throughout the Agreement term. For a federally funded contract, any advance
7
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 F. Attachment F will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds.
1. x 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 reimbursement
basis. The Recipient 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 Recipient in an insured
interest bearing account. Interest earned on advance funds shall be retained by the Recipient
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.
(17) STANDARD CONDITIONS
The Recipient 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, Fla. Stats. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, the Agreement may be renewed
on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no
longer than the term of the original agreement, whichever period is longer, specifying the terms
under which the cost may change as determined in the invitation to bid, request for proposals,
or pertinent statutes or regulations.
(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, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat, and made or received by the Recipient in
conjunction with the Agreement.
(0 The State of Florida will not intentionally award publicly- funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act ( "INA "). The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the
employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the Department.
(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 Recipient.
8
(19) COPYRIGHT, PATENT AND TRADEMARK
If applicable to this Agreement, refer to Attachment G for terms and conditions relating to
copyrights, patents and trademarks.
(20) LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive the funds to be provided under this Agreement and that, if applicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with
all covenants and assurances contained herein. The Recipient also certifies that the undersigned
possesses the authority to legally execute and bind Recipient to the terms of this Agreement.
(21) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as Attachment I.
(22) VENDOR PAYMENTS
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and /or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant
to Section 55.03(1) Fla. Stats. The interest penalty shall be paid within15 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.
RECIPIENT STATE OF FLORIDA
Monroe Boa rd of County Commi ss i oners DEPARTMENT OF COMMUNITY AFFAIRS
ar
By' _ C'z" - �/ ��
Y � 9 % By —� .. � Art
• - _ ... Rosa M. Morgan, Chief
(Type Name and Title)Board of Bureau of Community Assistance
County Commi
Date 0 2 - /9 - 7 Date
59 6000749
Federal Identification Number
APPROVED AS TO FORM
A
ROB RT N. •
DATE 7 - II
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY
DEPUTY CLERK
,
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 Recipient 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 Recipients 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 (EHEAP) 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 Recipient 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 5
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
CONTRACT PROPOSAL
FEDERAL FISCAL YEAR: 2 CONTRACT PERIOD: April 1. 1997 TO March 30. 1998
3/10/97 FOR DCA USE ONLY
DATE RECEIVED: CONTRACT NO: 97EA- 7P- 11 -54 -01 -018
REVISION(S) RCVD: \ GRANT TYPE: Low Income Home Energy Assistance Program (LIHIEAP)
DCA CONSULTANT: Ray Smith
I. GRANTEE CATEGORY: M) Eligible Entity { ) Local Government
{ } Migrant/Seasonal Farmworker Organization
II. COUNTIES TO BE SERVED WITH THESE FUNDS: Monroe
III: BENEFIT DISBURSEMENT SCHEDULE: (i.e., 12 equal months, 2 or 4 equal seasons,
other) Montly reimbursement
IV. GENERAL ADMINISTRATIVE INFORMATION
a. Name of Grantee:: Monroe County Board of Commi s S i nnarg
b. Address: Public Servi r R1 ri 5100 College Road
City: Key West , FL Zip Code: 33040
Telephone: ( )305 -292 -4474 County:Monroe
Fax: ( ) 305 -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: Keith Douglass
Title: Mayor. Board of County Commissioners
e. Official to Receive State Warrant:
Name: Dannv Kolhagp
Title: Clerk of Courts
Mailing Address: 500 Whitehead St.
Key lest , FL Zip Code: 33040
f. Contact Person:
Name: Deanna S. Lloyd
Title: Grants Manager
Mailing Address: 5100 College Road
. Key 1, 1est , FL Zip Code: 3304()
Telephone: ( ) 305- 292 -4474
Fax: ( ) 305 -292 -4515 •
g. Person(s) authorized to sign fiscal reports: Deanna S. Lloyd
James L. Roberts
h.. Federal identification Number: 59 6000749
V. SUBGRANTEE INFORMATION
These funds will be transferred to: { vJ No Subgrantees
{ } SUBGRANTEE(s) as follows:
Name and address of subgrantee(s) Contact person and Telephone Number:
Page 2 of 5
ATTACHMENT A
LIHEAP BUDGET SUMMARY
GRANTEE: 1lonroe County Board nfcnmm; ssioners
CONTRACT # 97EA- 7P- 11 -54 -01 -018
REVENUE SOURCES (Round figures to nearest dollar)
1. LIHEAP$ 67,731.00
; 'LIHEAP FUNDED PROGRAMS ONLY BELOW:
GRANTEE ADMINISTRATION EXPENSES LIHEAP FUNDS
2. Salaries including Fringe $ 4680.00
3. Rent and Utilities
4. Travel
100.00
5. Other
300.00
6. SUBTOTAL (Lines 2 -5)
$ 5080.00
(Total cannot exceed 7.5% of Line 1)
OUTREACH EXPENSES LIHEAP FUNDS
7. Salaries including Fringe S 9098.00
8. Rent and Utilities
9. Travel
100.00
10. Other
200.00
11. SUBTOTAL (Lines 7 -10)
$ 9398.00
(Total cannot exceed 15% of Line 1 minus Line 6)
GRANTEE PROGRAM EXPENSES LIHEAP FUNDS
12. Home Energy Assistance Payments $34598.00
13. Crisis Payments 17300.00
14. Weather Related/Supply Shortage 1355.00
(Must be at least 2% of Line 1)
15. SUBTOTAL (Lines 12 -14) 53253.00
16. TOTAL (Lines 6 +11 +15) $67731.00
Page 3 of 5
ATTACHMENT A
LIHEAP BUDGET DETAIL
GRANTEE: Monroe County Board of Commissioners
Line Item EXPENDITURE DETAIL LIHEAP FUNDS
Number Round up line item totals to dollars. Do not use cents
and decimals in totals
2. Salaries including Fringe $ 4680.00
Salary S 3734.75
FICA - 285.70
Ret 659.55
4. Travel 100.00
5. Other 300.00
7. Salaries including fringe 9098.00
Salary S 7260.40
FICA 555.40
Ret 1232.20
9. Travel 100.00
10. Other j 200.00
12. Horne Energy Assistance $ 34598.00
13, Crisis Payments 17300.00
14. Heather Related /Supply Shortage 1355.00
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O
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
Incorporation of Laws. Rules. Regulations and Policies
Program Income
Modifications
Monitoring
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 Recipient
may temporarily invest grant funds in an insured interest bearing account, but any interest
income shall be returned to the Department at the time of submission of 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 Recipient for outlays in
excess of the funded amount of this Agreement unless and until the Department officially approves
such expenditures by executing a written modification to the original 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 Recipient must use a LIHEAP modification package, provided by the
Department, which includes amended budget, budget detail, work plan and work plan summary.
(5) The Recipient 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 Recipient may transfer any and all
of the administration and outreach line items to any client benefit category without additional
written 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.
11
D. OTHER PROVISIONS
(1) The Recipient 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
be held in the weather related or supply shortage emergency program category until December 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 Recipient or the Department finds that the two percent will not be a sufficient
amount to meet the emergency, the Recipient may, if needed to meet the emergency, draw on
other Agreement categories up to 15% of the total Agreement without additional written
authorization. After December 15, if no such emergency has been declared, the Recipient 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 Recipient.
(3) If the U.S. Department of Health and Human Services initiates a hearing
regarding the expenditure of funds provided under this Agreement, the Recipient shall cooperate
with, and upon written request, participate with the Department in the hearing.
(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 Recipient when determining payment levels.
(5) The Recipient 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 Recipient.
•
(6) The Recipient 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 Recipient 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 Recipient 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 Recipient 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 Recipient shall be responsible for entering into written Agreements with
home energy suppliers containing all of the above requirements.
(11) The Recipient shall agree to treat owners and renters equitably under this
Agreement.
(12) The Recipient 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.
12
(14) All records, correspondence, employee time sheets, board minutes, board
meeting notices and other documents related to LIHEAP funded activities shall be available for
public inspection during normal business hours.
E. MONITORING
(a) The Recipient shall allow the Department to carry out monitoring, evaluation and
technical assistance and shall ensure the cooperation of its employees, and of any subrecipients
with whom the Recipient contracts to carry out program activities.
(b) Training and technical assistance shall be provided by the Department, within
limits of staff time and budget, upon request by the Recipient and /or upon determination by the
Department of Recipient need.
F. ' CLIENT ELIGIBILITY REQUIREMENTS
The local service Recipients 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 Recipient'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 Recipient 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. •
G. OTHER SPECIAL REQUIREMENTS
(1) The Recipient shall ensure that no person shall be excluded from participation in
any activity of the program on the grounds of race, color, national origin, sex or age, and such
person shall not be subjected to discrimination under any activity funded in whole or in part with
these funds.
(2) The Recipient will define 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 Recipient 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 Recipient will not charge applicants a fee to provide these benefits.
(5) The Recipient will furnish supervision of all staff members assigned
responsibilities for these programs, especially new and temporary employees.
(6) The Recipient will be in a location and operate during hours available to clients.
(7) The Recipient will refund, with non - federal funds, to the Department all funds
incorrectly paid to clients that cannot be collected from the client.
(8) The Recipient 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 Recipient will furnish training for all staff members assigned responsibilities
for the program.
(10) The Recipient will add information such as the Recipient's name, address, and
times of operation to the forms provided by the Department or similar Recipient - developed forms
and duplicate as needed.
H. BONDING
The Recipient agrees to furnish an insurance bond from a responsible commercial
surety company to cover all officers, employees and agents of the Recipient authorized to handle
funds received or disbursed under this Agreement. The bond shall be inn 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
RECORD KEEPING
A. RECORDKEEPING
(1) If applicable, Recipients performance under this Agreement shall be subject
to the Common Rule, 45 CFR Part 74 and 92 or OMB Circular No. A -110, "Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations,"
and either 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 Recipient 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
Recipient 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 Recipient, its employees or agents, including all subrecipients 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.
15
LIHEAP
ATTACHMENT D
REPORTS
REPORTS
(1) Annual reports - Within 45 days after the end of the contract/program the Recipient
all 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
later than the twenty -first (21st) of each month following the end of the reporting month in which
rids were expended:
(a) LIHEAP MONTHLY FINANCIAL STATUS REPORT
(3) Quarterly Reports - For each county the Recipient serves, the following quarterly report
Jst be provided to the Department by no later than the twenty -first (21st) of the month following
end of the last month of the quarterly reporting period:
(a) LIHEAP HOUSEHOLD QUARTERLY REPORT
Upon reasonable notice, the Recipient shall provide such additional program updates or
ormation as may be required by the Department, including supporting or source documentation
any reports identified above in this section
The reports shall be submitted to:
Mr. Robert Lakin, Planning Manager •
Florida Department of Community Affairs
Division of Housing & Community Development
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahassee, FL 32399 -2100
16
LIHEAP
ATTACHMENT E
FEDERAL LOBBYING PROHIBITIONS
The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee of
any 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
Congress In connection with this Federal contract, grant, loan or cooperative Agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included
in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
4. This certification is a material representative of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
M•.r•- • ., i..•. • •w, issioners
Recipi: t
�-�
Sign. ture
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK APPROVED AS TO FOAM
AN • L SvFFT •
BY ROBERT N
DEPUTY CLER
WO F
DATE
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LIHEAP
ATTACHMENT F
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 $
#2 NO ADVANCE REQUESTED
Authorized Signature / Date
Monroe County Grants Manager
Title
Mon oP Cnnnty Rnar,- f
Name of Agency
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LIHEAP
ATTACHMENT G
COPYRIGHT, PATENT AND TRADEMARK
(a) If the Recipient brings to the performance of this Agreement a pre- existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre- existing patent or
copyright unless the 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
Recipient 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 Recipient 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 Recipient 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 Recipient shall retain all rights and
entitlements to any pre- existing intellectual property which is so disclosed. Failure to disclose will
indicate that no such property exists. The Department shall then, under Paragraph (b), have the
right to all patents and copyrights which occur during performance of the Agreement.
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LIHEAP
ATTACHMENT H
PROPERTY MANAGEMENT AND PROCUREMENT
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 Recipient. Said listing shall include a description of the property, model number,
manufacturer's serial number, funding source, information needed to calculate the federal and /or
state share, date of acquisition, unit cost, property inventory number and information on the
location, use and condition, transfer, replacement or disposition of the property.
(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.
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LIHEAP
ATTACHMENT I
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 Recipient, or its delegates
or agents, no member of the governing body of the locality in which the program is situated, and
no other public official of such locality or localities who exercises any functions or responsibilities
with respect to the program during his tenure or for one year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed
in connection with the program assisted under this Agreement The Recipient shall incorporate or
cause to be incorporated in all such Agreements, a provision prohibiting such interest pursuant to
the purposes of this subsection. No board member, officer or employee will be permitted to
receive any remuneration or gift in any amount. Board members may receive travel expenses in
accordance with s. 112.9061, Florida Statutes.
C. Nepotism. The Recipient 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 Recipient hereby assures and certifies as econdition of receipt of
Low Income Home Energy Assistance Program funds, that it and its subrecipients will comply with
the applicable requirements of Federal and State laws, rules, regulations, and guidelines. As part
of its acceptance and use of LIHEAP funds, the Recipient assures and certifies that:
(1) The Recipient possesses the legal authority to apply for the grant, and that the
contract proposal has been approved by the Recipient's governing body, including all assurances
contained herein.
(2) The Recipient 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 Recipient will permit and cooperate with Federal and State investigations
designed to evaluate compliance with the law.
(4) The Recipient will give the Department, the Auditor General or any authorized
representatives, complete access to examine all records, books, papers or documents related to
all fiscal and program operations of the grant, including those of any subRecipient.
(5) The Recipient will comply with non - discrimination provisions, in accordance with
Florida Statutes; section 677 of P.L. 97 -35; Titles VI and VII of the Civil Rights Act of 1964; and 45
C.F.R. Parts 84, 86 and 90.
(6) The Recipient will comply with section 680 of Public Law 97 -35, as amended, which
prohibits use of LIHEAP funds for purchase or improvement of land, or the purchase, construction,
or permanent improvement of any building or other facility.
(7) The LIHEAP application and all its attachments, including budget data, are true and
correct.
(8) The Recipient will prohibit any political activities in accordance with subsection (e) of
Section 675 (c) (6).
(9) This Agreement has been approved by the Recipient's governing body by official
action, and the officer who signs it is duly authorized to sign this Agreement.
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(10) The Recipient 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 Recipient will operate both program components in a manner that makes them
available to all potentially eligible clients in their service area.
(12) The Recipient will make home visits or telephone interviews when necessary,
particularly with the elderly and handicapped.
(13) The Recipient will determine the correct amount of the benefit payment for each
LIHEAP household based on a state - provided payment matrix and worksheet.
(14) The Recipient 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 Recipient will distribute payments to vendors under vendor Agreements on
behalf of eligible households. Vendor payments shall be made directly to fuel providers by the
Recipient on behalf of eligible clients, unless the Recipient 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 Recipient will deny ineligible applicants within 30 days of receiving all requested
information.
(17) The Recipient will furnish applicants with a Notice of Approvaror Notice of Denial.
(18) The Recipient will make home energy payments within 30 days of the slate all
requested information is received.
(19) The Recipient 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.
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LIHEAP
ATTACHMENT J
SPECIAL CONDITIONS
(a) The Recipient and its subrecipients shall comply with the following special
conditions:
NONE •
(b) Failure of the Recipient or its subrecipients to comply with the special
conditions under this Agreement shall be cause for the immediate suspension of payments, and
may be cause for the immediate termination of this Agreement.
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Revised 1/9/97
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