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01/16/2014 Agreement
16`CLOZS (/ STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY CFDA Number: 93.568 Contract Number: 14EA- OF- 11 -54 -01 -019 FEDERALLY- FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, with headquarters in Tallahassee, Florida (hereinafter referred to as "DEO "), and Monroe County Board of Country Commissioners (hereinafter referred to as the "Recipient "). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. DEO has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. DEO has statutory authority to disburse the funds under this Agreement. THEREFORE, DEO and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with Attachment A and Attachment J of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES The Recipient and DEO shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties or March 1. 2014, whichever is earlier, and shall end on March 31. 2015 unless terminated earlier in accordance with the provisions of Paragraph (13) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid ooll when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A -110 (now 2 CFR Part 215), "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A -87 (now 2 CFR Part 225), "Cost Principles for State and Local Governments," OMB Circular No. A -21 (now 2 CFR Part 220), "Cost Principles for Educational Institutions," or OMB Circular No. A -122 (now 2 CFR Part 230), "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. Page 1 (b) All records pertaining to this Agreement, including but not limited to, supporting documentation and records sufficient to demonstrate compliance with the terms of the Agreement including personnel and financial records and reports related to the jobs, wages, and cumulative invesnnent required under this Agreement, shall be retained by the Recipient for five fiscal years after completion of the project, which includes satisfaction of all reporting requirements and receipt of all payments due under the Agreement, provided applicable audits have been released, or five years after the date that an audit report is issued, whichever is longer. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of Attachment J and Attachment K to this Agreement and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to DEO and its employees and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by DEO. (e) The Recipient may, per Rule 1B- 24.003(9)(a), Florida Administrative Code, allow its public records to be stored through electronic recordkeeping systems as substitutes for the original or paper copy. (0 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. (g) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by DE "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (6) PUBLIC RECORDS REQUIREMENTS Recipient must notify DEO, both by e-mail and first class mail, within one business day from receipt of all request(s) for public records, as a public record is defined in Section 119.011, Fla. Stat. In accordance with Chapter 119 of the Florida Statutes, Recipient shall be responsible for responding to all public records requests per the cost structure provided for records made or received by Recipient in conjunction with the Agreement, unless the records are exempt from section 24(a) of Article I of the State Constitution and Section 119.07(1), Fla. Star. Notice of public records requests received by the Recipient shall be e- mailed to PRRequest (2deo.m3 and mailed to: Page 2 Public Records Coordinator Department of Economic Opportunity 107 East Madison Street Tallahassee, Florida 32399 Office: (850) 245 -7140 Recipient shall allow public access to all documents, papers, letters or other materials made or received by Recipient in conjunction with this Agreement, unless the records are exempt from section 24(a) of Article 1 of the State Constitution and subsection 119.07(1), F.S. DEO reserves the right to unilaterally cancel this Agreement for Recipient's refusal to comply with this provision. Recipient shall transfer, at no cost to DEO, all public records upon completion or termination of the Agreement, and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All electronic records shall be provided to DEO in a DEO- compatible format. (7) AUDIT REQUIREMENTS (a) The Recipient shall have all required audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted in Exhibit 1 to this Agreement. (b) The audit must be received by DEO no later than nine months from the end of the Recipient's fiscal year. The audit must be submitted in accordance with the requirements of Exhibit 1 to this Agreement. (c) If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to DEO of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty calendar days after DEO has notified the Recipient of such non - compliance. (d) Within sixty calendar days of the close of Recipient's fiscal year, on an annual basis, Recipient shall electronically submit a completed Audit Compliance Certification (a version of this certification is attached hereto as Exhibit 2 of this Agreement) to audit deo.myflorida.com Recipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and Recipient. (8) REPORTS (a) The Recipient shall provide DEO with all required reports as set forth in Attachment C to this Agreement. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in Attachment A and the expenditure of funds under this Agreement, in addition to any other information requested by DEO. (b) If all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO, DEO may withhold further payments until they are completed or may take other action as stated in Paragraph (12) of this Agreement. "Acceptable to DEO" means that the work product was completed in accordance with Attachment A, Attachment J, and Attachment K of this Agreement. Page 3 (c) The Recipient shall provide additional program updates, reports, or information as may be required by DEO (9) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and /or consultants who are paid from funds provided under this Agreement, to ensure that the Scope of Work and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement. In addition to reviews of audits conducted in accordance with Paragraph (7) above, monitoring procedures may include, but not be limited to, on -site visits by DEO staff, limited scope audits, and /or other procedures. The Recipient, and all subrecipients, agree to comply with the most recent monitoring manual provided by DEO, and cooperate with any monitoring procedures /processes deemed appropriate by DEO. In the event that DEO determines that a limited scope review of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by DEO to the Recipient regarding such review. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, DEO will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (10) LIABILITY (a) Unless the Recipient is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold DEO harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, the Recipient agrees that it is not an employee or agent of DEO, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against DEO, and agrees to be liable for any damages proximately caused by its acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (11) DEFAULT If any of the following events occur ( "Events of Default "), all obligations on the part of DEO to make further payment of funds under this Agreement shall terminate, if DEO so elects, and DEO may exercise any of its remedies set forth in Paragraph (12) of this Agreement. However, DEO may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with DEO is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the Page 4 obligations, terms or covenants in this Agreement or any previous agreement with DEO and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty calendar days from the date written notice is sent by DEO. (c) If any reports required by this Agreement have not been submitted to DEO or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (12) REMEDIES If an Event of Default occurs and DEO provides written notice to the Recipient, DEO may exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement if the Recipient has not cured the default within thirty calendar days of receipt of written notice of an Event of Default; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non - compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities in question, or 4. require the Recipient to reimburse DEO for the amount of costs incurred for any items determined to be ineligible; and (e) Exercise any other rights or remedies which may be otherwise available under law. (f) Pursuing any of the above remedies will not keep DEO from pursuing any other remedies in this Agreement or provided at law or in equity. If DEO waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of DEO, or affect the later exercise of the same right or remedy by DEO for any other default by the Recipient. (13) TERMINATION (a) DEO may terminate this Agreement for cause with thirty calendar days written notice. Cause includes misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform in a timely manner, failure to cure an Event of Default within thirty calendar days from receipt of the notice, or refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Star., as amended. Page 5 (b) DEO may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, b}' providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) If DEO issues a notice of Event of Default, the Recipient shall not incur new obligations during the thirty day cure period. If DEO determines that the Recipient has cured the event of Default within the thirty day cure period, DEO will provide notice to the Recipient that it may resume incurring new obligations. Costs incurred for new obligations after receipt of the notice of Event of Default will be disallowed. The Recipient shall not be relieved of liability to DEO because of any breach of this Agreement by the Recipient. DEO may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set -off until the exact amount of damages due DEO from the Recipient is determined. (14) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing delivered, by standard mail or electronic mail, to the representative identified below at the address and email set forth below and said notification attached to the original of this Agreement. (b) The name and address of the DEO contract manager for this Agreement is: Paula Lemmo, Bureau Chief Department of Economic Opportunity Division of Community Development Bureau of Community Assistance 107 East Madison Street, MSC 400 Tallahassee, Florida 32399 -4120 Email: paula.lemmo @deo.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is stated in Attachment I of this Agreement. (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in Paragraph (14)(a) above. (15) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to DEO for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold DEO and the Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of Page 6 Monroe Countv Board of Countv Commissioners work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to DEO as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (16) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (17) 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, the language of the attachments shall control, but only to the extent of the conflict or inconsistency- (c) This Agreement has the following attachments (check all that are applicable): ® Exhibit 1 - Audit Requirements ® Exhibit 1 -A — Funding Sources ® Exhibit 2 — Audit Compliance Certification ® Exhibit 3 — Notice Regarding Collection of Social Security Numbers ® Attachment A - Scope of Work ® Attachment B - Program Statutes and Regulations ® Attachment C - Reports ® Attachment D - Property Management and Procurement ® Attachment E - Statement of Assurances ❑ Attachment F — Special Conditions ® Attachment G - Warranties and Representations ® Attachment H - Certification Regarding Debarment ® Attachment I - Recipient Information ® Attachment J - Budget Summary and Workplan ® Attachment K - Budget Detail ® Attachment L - Multi-County Fund Distribution ® Attachment M -justification of Advance Payment (18) 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 $ 203.466. subject to the availability of funds and appropriate budget authority. Until DEO provides further notice to the Recipient, however, the Recipient is only authorized to incur costs in an amount not to exceed $ 111.906. As funds and budget authority are available, changes to the costs the Recipient may incur will be accomplished by written notice from DEO to the Recipient's contact person identified in Attachment I. The terms of the Agreement shall be considered to have been modified to allow the Recipient to incur additional costs upon the Recipient's receipt of the written notice from DEO. Page 7 (b) Any advance payment under this Agreement is subject to Section 216.181(16), F1a.Stat., and is contingent upon the Recipient's acceptance of the rights of DEC) under Paragraph (13)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three months of the term of the Agreement. Any advance payment is also subject to federal OMB Circulars A -87 (now 2 CFR Part 225), A -110 (now 2 CFR Part 215), A -122 (now 2 CFR Part 230) 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 M. Attachment M will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. (c) The Recipient must expend an amount equal to or greater than the amount of the initial advance within the first three months of the term of the Agreement. If the Recipient has not expended an amount equal to the initial advance by the end of the first three months of the term of the Agreement, the Recipient shall submit a written explanation to DEO. DEO will deduct the unexpended amount of the initial advance from the Recipient's reimbursement amount until the unexpended amount is recovered in full. (d) After the initial advance, if any, payment shall be made on a reimbursement basis. The Recipient agrees to expend funds in accordance with Attachment A, Attachment J, and Attachment K of this Agreement. (e) If the Recipient receives an advance, reimbursements for the first four months of the term of the Agreement in which expenditures are reported shall be reduced by twenty-five percent of the initial advance per month, unless Recipient submits a written request documenting extenuating circumstances and receives DEO's written acceptance. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under Subparagraph (20)(h) of this Agreement, all obligations on the part of DEO to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty calendar days of receiving notice from DEO. (19) REPAYMENTS All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of "Department of Economic Opportunity" and mailed directly to DEO at the following address: Department of Economic Opportunity Division of Community Development Bureau of Community Assistance 107 East Madison Street, MSC 400 Tallahassee, Florida 32399 -4120 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to DEO for collection, the Recipient shall pay to DEO a service fee of Fifteen Dollars ($15.00) or Five Percent (5 %) of the face amount of the returned check or draft, whichever is greater. (20) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or Page 8 response to a DEO request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of DEO and with thirty calendar days written notice to the Recipient, cause the termination of this Agreement and the release of DEO from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for anv actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of this Agreement. (d) This 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_ sec.. and the Florida Civil Rights and Fair Housing Acts (sections 760.01 — 760.37, Fla. Stat.), which prohibit discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, state and local government services, and telecommunications. (0 A person or organization who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in Paragraph 19(8)2. of this certification; and 4. have not within a three -year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Page 9 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FEDERALLY FUNDED SUBGRANT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth below. RECIPIENT STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY M •hec. �'�l � a{ � �y (T,le Legal INN ame of Recipient) 7 7 By: Danny Kolhage, Mayor Pro–Tem ---KA -Ap I(Type Name and I fiere) Date: 11 i6l (if 59 - ( Opp I '+ 9 Federal Identification Number 01 sal(0151 DUNS* Number *Data Universal Numbering System By: William B. Killingsworth, Director Division of Community Development Date: — 4 Approved as to form and legal sufficiency, subject only to full and proper execution by the parties. Office of the General Counsel Department of Economic Opportunity Wed Date: � " Iq 13 If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to DEO by standard mail or electronic methods the completed Attachment H for each intended subcontractor which Recipient plans to fund under this Agreement. Such form must be received by DEO before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay tinder this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall be returned to DEO. 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')]. DEO 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 DEO. (m) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board to discuss, receive recommendations, or take action required pursuant to this Agreement, or the meetings of any subcommittee making recommendations to the governing board regarding matters pursuant to this Agreement. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Star. (n) All unmanufactured and manufactured articles, materials, and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (21) LOBBYING PROHIBITION (a) The use of funds under this Agreement for the purpose of lobbying the Florida Legislature, the judicial brand, or any state agency is prohibited pursuant to Section 216.347, Fla. Stat. Federal grant funds provided under this Agreement may not be used by DEO or any Recipient or Sub - Recipient to support lobbying activities to influence proposed or pending Federal or State legislation or appropriations. This prohibition is related to the use of Federal grant funds and not intended to affect an individual's right or that of any organization, to petition Congress, or any other level of Government, through the use of other resources (See 45 CFR Part 93). (b) The Recipient certifies, by the authorized representative's signature to this Agreement, that to the best of its knowledge and belief. Page 10 1. No Federal appropriated funds have been paid or will he paid, b or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or emploN ee of any agenc}', a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT, PATENT AND TRADEMARK Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by the Recipient to the State of Florida. (a) If the Recipient has a pre - existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre - existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way-connected with it, the Recipient shall refer the discovery or invention to DEO for a deterniination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre - existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. DEO shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. Page 11 (23) LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment E. Page 12 FY 2014 LIHEAP AGREEMENT EXHIBIT 1 AUDIT REQUIREMENTS The administration of resources awarded by DEC) to the recipient may be subject to audits and /or monitoring by DEO as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, Fla. Stat., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEO staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by DEO staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non -profit organization as defined in OMB Circular A -133, as revised. In the event that the recipient expends $300,000 ($300,000 farfscalyearr ending after December 31, 2003) or more in Federal awards in its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 -A to this agreement indicates Federal resources awarded through DEO by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from DEO. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from the recipient resources obtained from other than Federal entities). Page 14 Although the audit provisions of OMB Circular A -133 ordinarily do not apply to for - profit sub recipients, in the case of Federal funding provided by the U.S. Department of Health and Human Services, Circular A -133 does apple. See 45 C.F.R. 74.26 for further details. 5. A web site that provides links to several Federal Single Audit Act resources can be found at: htQ2://harvester.census.go-,-/sac/sainfo.html PART II: STATE FUNDED This part is applicable if the recipient is a non -state entity as defined by Section 215.97(2), Fla. Stat. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient (for fiscal years ending September 30, 2004 or thereafter), the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 -A to this agreement indicates state financial assistance awarded through DEO by this agreement. In dete the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a non -state entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8), Fla. Stat.. This includes submission of a financial reporting package as defined by section 215.97(2), Fla. Stat., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of section 215.97, Fla. Stat., is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, Fla. Stat., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. Additional information regarding the Florida Single Audit Act can be found at: htt2://xv%vw.m5-florida.com/f-,aa/statutes.litml PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part mould he used to specie any additional audit requirements imposed by the State awarding entity that are solejh a matter of that State awarding entity's police (i.e., the audit is not required 1 Federal or State laws and is not in conflict will) other Federal or State audit requirements). Pursuant to Section 215.9 7(8), Florida Statutes, State agencies may conduct or Page 1S arrange for andits of state financial assistance that air in addition to andits conducted in accordance will) Section 213.97, Florida Statutes. In nlcb an event, the State awarding ageno' must arrange for fr/nding the tll cost of such addltrona /audits.) N/A PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Part I of this Exhibit shall be submitted, when required by Section .320 (d), OD1B Circular A -133, as revised, by or on behalf of the recipient directly to each of the following at the address indicated: A. DEO at each of the following addresses: Electronic copies (preferred): Audit aQdeo.mYflorida.com or Paper (hard copy): Department Economic Opportunity MSC # 130, Caldwell Building 107 East Madison Street Tallahassee, Fl. 32399 -4126 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: http•/ /harvester census gov /fac /collect /ddeindex.htrnl C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (0, OMB Circular A -133, as revised. 2. Pursuant to Section .320 (0, OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised and any management letter issued by the auditor, to DEO at each of the following addresses: Electronic copies ( preferred): Auditna.deo.m} or Paper (hard copy): Department Economic Opportunity MSC # 130, Caldwell Building 107 East Madison Street Tallahassee, Fl. 32399 -4126 Page 16 3. Copies of financial reporting packages required by PART II of this Exhibit shall be submitted by or on behalf of the recipient directly to each of the following: A. DEO at each of the following addresses: Electronic copies ( preferred): Audi t &deo.m3 -florida.com or Paper (hard copy): Department Economic Opportunity MSC # 130, Caldwell Building 107 East Madison Street Tallahassee, Fl. 32399 -4126 B. The Auditor General's Office at the following address: Auditor General Local Government Audits /342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399 -1450 Email Address: flaudgen localgovt@aud.state.fl.us 4. Copies of reports or the management letter required by Part III of this Exhibit shall be submitted by or on behalf of the recipient directly to: A. DEO at each of the following addresses: N/A 5. Any reports, management letter, or other information required to be submitted to DEO pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to DEO for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (non - profit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Page 17 PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terns of this Exhibit for a period of five (5) years from the date the audit report is issued, or five (5) state fiscal years after all reporting requirements are satisfied and final payments have been received, whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer. The recipient shall ensure that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by DEO. Page 18 FY 2014 LIHEAP AGREEMENT EXHIBIT 1 -A FUNDING SOURCES FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program (list Federal agenq Catalog of Federal Domestic Assistance title and number, and amount): Federal Program: Low- Income Home Energy Assistance Program Federal Agen): U.S. Department of Health and Human Services Federal Identifier: G- 12132FLCOSR Catalog of Federal Domestic Assistance Title: Low Income Home Energy Assistance Program Catalog of Federal Domestic Assistance Number: 93.568 Recipient Monroe County Board of County Commissioners Award Amount: $203,466 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: list applicable compliance requirements as follows.• First applicable compliance requirement (e.g., wbat services /purposes resources must be used for): The Recipient shall use the LIHEAP funds to provide energy payment assistance to eligible consumers with low income. These funds will be expended in accordance with Attachment A, Attachment B, Attachment J, applicable OMB Circulars, and the FY 2014 LIHEAP State Plan. 2. Second applicable compliance requirement (e.g., eligibility requirements for recpients of t be resources): The Recipient shall comply with applicable OMB Circulars and eligibility requirements as set forth in the U.S. Department of Health and Human Services regulations codified in Title 45 of the Code of Federal Regulations, Part 96 — Block Grants, and Title 31 of the Code of Federal Regulations, Part 205 — Cash Management Improvement Act of 1990. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None MATCHING RESOURCES FOR FEDERAL PROGRAMS: None SUBJECT TO SECTION 215.97, FLORIDA STATUTES: None State Project: None COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5), Fla. Stat., require that the information about Federal Programs and State Projects included in Exhibit 2 be provided to the recipient. Page 19 FY 2014 LIHEAP AGREEMENT EXHIBIT 2 AUDIT COMPLIANCE CERTIFICATION Recipient Name: M mMeG `-" kAr I?uoJ+ 0 V Ci FEIN: 51 " Go-ooi *9 Recipient's Fiscal Year: I D Contact Person Name and Phone Number: Contact Person Email Address: w )UA U M 3bS 292 ' �$'QZ Ar.I. Gnat 1. DID RECIPIENT EXPEND STATE FINANCIAL ASSISTANCE, DURING ITS FISCAL YEAR, THAT IT RECEIVED UNDER ANY AGREEMENT (E.G., CONTRACT, GRANT, MEMORANDUM OF AGREEMENT, MEMORANDUM OF UNDERSTANDING, ECONOMIC INCENTIVE AWARD AGREEMENT, ETC.) BETWEEN CONTRACTOR AND THE DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO)? RYES NO IF THE ABOVE ANSWER IS YES, ALSO ANSWER THE FOLLOWING BEFORE PROCEEDING TO ITEM 2: DID RECIPIENT EXPEND $500,000 OR MORE OF STATE FINANCIAL ASSISTANCE (FROM DEO AND ALL OTHER SOURCES OF STATE FINANCIAL ASSISTANCE COMBINED) DURING ITS FISCAL YEAR? A YES NO IF YES, RECIPIENT CERTIFIES THAT IT WILL TIMELY COMPLY WITH ALL APPLICABLE STATE SINGLE OR PROJECT- SPECIFIC AUDIT REQUIREMENTS OF SECTION 215.97, FLORIDA STATUTES, AND THE APPLICABLE RULES OF THE DEPARTMENT OF FINANCIAL SERVICES AND THE AUDITOR GENERAL. 2. DID RECIPIENT EXPEND FEDERAL AWARDS, DURING ITS FISCAL YEAR, THAT IT RECEIVED UNDER ANY AGREEMENT (E.G., CONTRACT, GRANT, MEMORANDUM OF AGREEMENT, MEMORANDUM OF UNDERSTANDING ECIC INCENTIVE AWARD AGREEMENT, ETC.) BETWEEN CONTRACTOR AND DEO? � YONOM ES NO IF THE ABOVE ANSWER IS YES, ALSO ANSWER THE FOLLOWING BEFORE PROCEEDING TO EXECUTION OF THIS CERTIFICATION: DID RECIPIENT EXPEND $500,000 OR MORE IN FEDERAL AWARDS (FROM DEO AND ALL OTHER SOURCES OF FEDERAL AWARDS COMBINED) DURING ITS FISCAL YEAR? X_ YES NO IF YES, RECIPIENT CERTIFIES THAT IT WILL TIMELY COMPLY WITH ALL APPLICABLE SINGLE OR PROGRAM- SPECIFIC AUDIT REQUIREMENTS OF OMB CIRCULAR A -133, AS REVISED. By signing below, I certify, on behalf of Recipient, that the above representations for items 1 and 2 are true rect. tsiatu e o Aut zed Representati Date e— I , Dang)j Kolhage Printed Name of Authorized gepr&entative MON n A7 —T PEDRO J. M r. r — Q — Mayo Pro —Tem Title o eoresentative l //,.3� Page 20 FY 2014 LIHEAP AGREEMENT EXHIBIT 3 NOTICE REGARDING COLLECTION OF SOCIAL SECURITY NUMBERS The following disclosure is being made pursuant to section 119.071(5), Florida Statutes. Social security numbers of applicants and household members are requested because this information has been determined to be imperative for the performance of the duties and responsibilities prescribed by law under the Low Income Home Energy Assistance Program. This information is not required by state or federal law; however, social security numbers are necessary to determine eligibility for program services and specifically for the following purposes: 1. To verify an applicant's identity. 2. To verify household size. 3. To verify household income. A social security number collected pursuant to this notice can only be used by the Florida Department of Economic Opportunity and (subgrantee) for the purposes specified above. Nondisclosure except under limited circumstances. Social security numbers will not be disclosed to others unless required or authorized by Florida law. Section 119.071(5), Florida Statutes, allows disclosure of a person's social security number under the following specific, limited circumstances: • If disclosure is expressly required by federal or Florida law or is necessary for the agency or governmental entity to perform its duties and responsibilities; • If the individual expressly consents to disclosure in writing; • If disclosure is made to prevent and combat terrorism pursuant to the U.S. Patriot Act of 2001 or Presidential Executive Order 13224 (blocking property and prohibiting business transactions with persons who commit, threaten to commit, or support terrorism); • For an agency employee and dependents, if disclosure is necessary to administer the person's health benefits or pension plan funds; or • If disclosure is for the purpose of the administration of the Uniform Commercial Code by the office of the Secretary of State. • If disclosure is requested by a commercial entity for permissible uses under the federal Driver's Privacy Protection Act of 1994, the federal Fair Credit Reporting Act, or the federal Financial Services Modernization Act of 1999 (for example, to verify the accuracy of personal information provided by the individual to the commercial entity; use by an insurer in connection with claims investigation or anti -fraud activities; for use in connection with a credit transaction). Acknowledgment of Receipt of Notice I confirm that I have been provided a copy of this Notice regarding the collection of my social security number and the social security numbers of all household occupants as part of the application process for the Florida Low Income Home Energy Assistance Program. Date Applicant's Signature SAM PLO Ir - tCM) Page 21 FY 2014 LIHEAP AGREEMENT ATTACHMENT A SCOPE OF WORK The Recipient shall comply with the following requirements, and if applicable, shall ensure all subcontractors' compliance with, the following requirements: A. Program Requirements (1) The Recipient will administer the LIHEAP Program in accordance with information and directives provided in DEO- issued Information Memorandum notifications and this Agreement. (2) Conduct outreach activities designed to ensure that eligible households, especially households with elderly or disabled individuals, young children and those with the highest percentage of their income required to pay for their home energy are made aware of the assistance available under this Agreement. (3) Make home visits to home -bound clients, especially the elderly or disabled, for completion of the program application or eligibility determination when other assistance is not adequate. (4) The Recipient will make payments to vendors on behalf of eligible applicants with the "highest home energy needs and lowest household income," which will be determined by taking into account both the energy burden and the unique situation of such households that results from having members of vulnerable populations, including very young children, the disabled, and frail older individuals. (5) The Recipient shall enter into a Memorandum of Understanding (MOU) with all Weatherization Assistance Programs (WAP) in their service area. The MOU shall detail cooperative efforts and shall describe the actions that will be taken by both parties to assure coordination, partnership and referrals. The MOU shall be reviewed and renewed at least every five years. The Recipient, in coordination with the local WAP agency, shall develop a system by which LIHEAP recipients who have received more than three LIHEAP benefits in the last 18 months and who are homeowners, are referred to the WAP provider. The Recipient shall maintain records sufficient to document referrals. (6) The Recipient shall enter into a Memorandum of Understanding (MOU) with service area Emergency Home Energy Assistance for the Elderly Program ( EHEAP) providers. The MOU will ensure coordination of services, avoid duplication of assistance, and increase the quality of services provided to elderly participants. The MOU shall be reviewed and renewed at least every five years. The MOU shall detail how LIHEAP and EHEAP records (for households with elderly members) will be checked to avoid duplicate crisis assistance payments during the same season. The Recipient shall maintain records sufficient to document coordination. (7) The Recipient shall maintain a written policy and implement procedures to secure applicants' social security numbers in order to protect their identity. At a minimum, this policy shall address the handling of both paper and electronic records and files. Page 22 (8) The Recipient shall, in collecting applicants' social security numbers, use the Notice Regarding Collection of Social Security Numbers. The Notice shall be signed by the applicant and maintained in the client file. (9) Recipients serving multi- county areas must provide DEO with a description of how direct client assistance funds will be allocated among the counties. The allocation methodology must be based at least in part on the 150% of poverty population within each of the counties served. This information must be reported in Attachment L to this Agreement. (10) V LIHEAP funds are not available or are insufficient to meet the emergency home energy needs of an applicant, the Recipient shall assist the applicant to secure help through other community resources. (11) The Recipient shall agree to treat owners and renters equitably under the Agreement. (12) The Recipient shall develop and implement a written policy and procedure to assure that all energy assistance payments made to energy vendors comply with the requirements of Attachment A, Section D of this agreement. (13) The Recipient shall define in a written policy what criteria and verification will be used to determine if a household has a "home energy crisis" and is eligible for crisis assistance. The policy must encourage households to seek assistance prior to incurring non - energy penalties such as disconnect /reconnect fees, additional deposit, interest or late payment penalties. (14) The Recipient shall not charge applicants a fee or accept donations from an applicant to provide LIHEAP benefits. This policy must be posted in a prominent place where it is visible to all applicants and include the following language: No money, cash or checks, will be requested or received from customers in a LIHEAP office. If an employee asks for money, report this to the agency Executive Director or Department Head. (15) The Recipient shall be in a location and operate during hours available to clients. (16) The Recipient shall refund, with non - federal funds, to DEO, all funds incorrectly paid on behalf of clients that cannot be collected from the client. (17) The Recipient shall have appropriate staff attend training sessions scheduled by DEO to cover LIHEAP policies and procedures. (18) The Recipient shall furnish training for all staff members assigned responsibilities within the program. (19) The Recipient shall take applications when it has a signed Agreement and adequate funding, and continue taking applications until the Agreement expires or funds are exhausted, whichever comes first. (20) The Recipient must have adequate procedures in place to ensure that LIHEAP funds are appropriately budgeted and expended to sufficiently allow for energy assistance benefits in both the heating and cooling seasons. (21) The Recipient must comply with the Federal Financial Accountability and Transparency Act (FFATA). This includes securing a Dun and Bradstreet Numbering System (DUNS) number ( www.dnb.com ) and maintaining an active and current profile in the Central Contractor Registration (CCR) ( umw.ccr.gov ). Page 23 B. Client Services and Benefits (1) Make LIHEAP home energy non -crisis assistance payments based on a state - provided payment matrix and worksheet. The payment amount is based on the household's income level as compared to the national poverty guidelines. This takes into account gross income, family size, and household composition. (2) The following maximum benefits will be available to eligible households: (a) One non -crisis benefit per 12 month period; (b) One summer home energy crisis benefit between April 1 and September 30 each year; and (c) One winter home energy crisis benefit between October 1 and March 31 each year. (3) Based on local need for LIHEAP services and other non - LIHEAP energy assistance resources in their service area, the Recipient may limit crisis benefits to less than those stated in paragraph (2) above. (4) Determine the correct amount of each crisis benefit based on the minimum necessary to resolve the crisis, but not more than the maximum set by DEO. The maximum crisis benefit for this contract period is $600.00 per household per season. (5) When the applicant is not in a life threatening situation, take actions that will resolve the emergency within 48 hours of application approval for a crisis benefit, and document the client file that the emergency was resolved within 48 hours. (6) When the applicant is in a life threatening situation, take actions that will resolve the emergency situation within 18 hours of application approval for a crisis benefit, and document the client file that the emergency was resolved within 18 hours. (7) Make benefit payments to vendors on behalf of approved applicants no more than forty-five calendar days from the date the application is approved. (8) The Recipient will, within fifteen working days of receiving the client's application, furnish in writing to all approved applicants a Notice of Approval which includes: the type and amount of assistance; the name of the energy vendor to be paid on their behalf; and the next date when the applicant will be eligible to apply for assistance. (9) Recipients are required to have written applicant appeal procedures that provide an opportunity for a fair administrative hearing to individuals whose application for assistance are denied or whose applications are not acted upon with reasonable promptness. "Reasonable promptness" shall be defined as within fifteen working days of receiving the client's application. Any applicant denied LIHEAP services must be provided a written notice of the denial. At a minim the written Notice of Denial and Appeals shall contain: the reason(s) for the denial; the appeal process; an explanation of under what circumstances the client may reapply; what information or documentation is needed for the person to reapply; the name and address to whom the re- application or appeal should be sent, and the phone number of the Recipient. The Recipient shall post its appeal procedures in a prominent place within the office where they are available to all applicants. Page 24 (10) The recipient will compare 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 eligibility period, and document the file to indicate this was checked. (11) The Recipient will be responsible for maintaining and implementing written policies and procedures for determining the eligibility of the clients applying for the LIHEAP program. Client eligibility shall be based on the following factors: (a) The Recipient may only assist households who are or were residing in their LIHEAP service area at the time the home energy costs were incurred. (b) The client must complete an application and return all required information and verification to the Recipient or subcontractor while funds remain available. (c) The client must provide a fuel bill for home energy or provide other documentation verifying an obligation to pay for home energy costs. (d) The client must have a total gross household income of not more than 150% of the current OMB federal poverty level for their household's size. (e) For applicants receiving Supplemental Nutrition Assistance Program (SNAP) or Supplemental Security Income (SSI), program qualification approvals or notifications may be used to document household size and income. However, the household income eligibility and the benefit levels are the same as other applicants. (f) To receive crisis assistance, the applicant must have a verifiable home energy crisis. (g) If the applicant lives in government subsidized housing, the Recipient must determine if all or part of their utility costs are paid directly or indirectly by the government and take the following actions: 1. The applicant is not eligible for assistance if their home heating and cooling costs are totally included in their rent and they have no obligation to pay any portion of the costs. 2. For Crisis Assistance Only If the applicant receives an energy subsidy through Section 8 or a Public Housing Authority, then the agency must subtract the amount of the subsidy available to the applicant during the period covered by the utility bill from the allowable LIHEAP crisis benefit calculated for the household. 3. The applicant is eligible for non - crisis, home energy assistance with no deductions at the same level as other applicants. (h) 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. (i) The client must not be a student living in a dormitory. C. Client Records The Recipient will maintain a separate client file for each LIHEAP client that includes at least the following information: (1) Client's name, address, sex, age; (2) Names, ages and current identification documentation (no more than one year expired) of all Page 2 5 household members. (3) Social Security Numbers and documentation of such numbers for all household members or the citation to the applicable exemption; (4) Signed Notice Regarding Collection of Social Security Numbers (a version of this notice is attached hereto as Exhibit 3 to this Agreement); (5) Income amount and method of verification for all household members; (6) Income documentation to support eligibility and is representative of the client's current economic situation; (7) Signed statement of self - declaration of income, if applicable; (8) Signed statement of how basic living expenses, such as food, shelter and transportation are being provided if the total household income is less than 50% of the current Federal Poverty Guidelines and no one in the household is receiving SNAP assistance; (9) Copies of approval or denial letters, including appeal procedures, provided to the client; (10) Documentation of disability income or physician's statement if preference or additional benefit provided due to a disability; (11) Documentation of client's obligation to pay the energy bill for the residence in which they reside. (12) All LIHEAP assistance applications must be signed by the client and by the Recipient's representative and supervisory staff. D. Enemy Vendor Relations (1) The Recipient shall negotiate and maintain written agreements (the "Vendor Agreement "), with home energy suppliers which shall at a minimum include: (a) The beginning and ending date of the agreement. (b) A process for identifying the Recipient's representatives authorized to resolve a crisis situation and make a payment commitment on behalf of the Recipient. (c) A process for identifying the Vendor's representatives authorized to resolve a crisis. (d) A description of how energy payments will be made directly to the vendor on behalf of the LIHEAP eligible customer. In cases where no vendor agreement exists, the payment shall be made to the client in the form of a two -party check made payable to the client and vendor. This procedure shall be used only in rare special circumstances, according to the Recipient's purchasing policies and only with written approval of the Recipient's management. (e) Assurances from the home energy supplier that no household receiving LIHEAP assistance will be treated adversely because of such assistance under applicable provisions of state law or public regulatory requirements. (� Assurances from the home energy supplier that they will not discriminate, either in the cost of goods supplied or the services provided, against the eligible household on whose behalf payments are made. Page 26 (g) A statement that only energy related elements of a utility bill are to be paid. No water or sewage charges may be paid except if required by the energy vendor to resolving the crisis and no other resources to pay that portion of the bill can be secured by the customer or Recipient. (h) A statement that the Recipient may not pay for charges that result from illegal activities. such as a bad check or meter tampering. A statement that the vendor is aware that those charges are the responsibility of the customer. (i) A statement that the vendor is aware that when the benefit amount does not pay for the complete charges owed by a customer, that the customer is responsible for the remaining amount owed. (j) Details on how the vendor will assist the Recipient in verifying the LIHEAP applicant's account information and in the case of crisis assistance make timely commitments to resolve the crisis. A process should be in place to verify the current amount owned and the amount necessary to resolve the crisis situation. (k) The Recipient's commitment to make payment to the vendor no more than forty-five calendar days from the date the application was approved. (1) A description of when LIHEAP payments made to the vendor cannot be applied to the client's account, the funds will be returned to the Recipient or with the Recipient's approval applied to another eligible client's account. (2) The energy vendor must be in "active" status with the State of Florida: htlp• / /sunbiz.org /search.html and the vendor's name must be checked on SAMS at hops: / /w\xw.sam.gov The name on the vendor agreement must match the legal business name on the State of Florida website. Municipal providers are excluded from this requirement. (3) The vendor agreement shall be reviewed by both parties at least every two years. (4) Vendor agreements must be signed by upper level management of both the Recipient and the vendor who has authority to enter into such commitments. Page 27 FY 2014 LIHEAP AGREEMENT ATTACHMENT B PROGRAM STATUTES AND REGULATIONS A. INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES The applicable documents governing service provision regulations are in the Common Rule, 45 CFR Part 7.1 and 92, or OMB Circular No. A -110 (now 2 CFR 215), "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either ONIB Circular No. A -87 (now 2 CFR Part 225), "Cost Principles for State and Local Governments," OMB Circular No. A -31 (now 2 CFR Part 230), "Cost Principles for Educational Institutions," or OMB Circular No. A -122 (now 2CFR Part 230), "Cost Principles for Nonprofit Organizations," and OMB Circular No. A -133, "Audits of States, Local Governments, and Non - Profit Organizations." If this Agreement is made with a commercial (for - profit) organization on a cost - reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. Low- Income Home Energy Assistance Act of 1981 (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97 -35), as amended. The following Federal Department of Health and Human Services regulations codified in Title 45 of the Code of Federal Regulations are also applicable under this Agreement. Part 16 — Procedures of the Departmental Grant Appeals Board; 2. Part 30 - Claims Collection; 3. Part 80 - Nondiscrimination under programs receiving Federal assistance through the Department of Health and Human Services (HHS), Effectuation of Title VI of the Civil Rights Act of 1964; 4. Part 81 - Practice and procedure for hearings under Part 80 of this Title; 5. Part 84 — Nondiscrimination on the basis of handicap in programs and activities receiving Federal financial assistance. 6. Part 86 - Nondiscrimination on the basis of sex in education programs and activities receiving Federal financial assistance. 7. Part 87 — Equal Treatment for Faith Based Organizations; 8. Part 91 - Nondiscrimination on the Basis of Age in HHS programs or activities receiving Federal Financial Assistance; 9. Part 93 - New restrictions on lobbying; 10. Part 96 - Block Grants; 11. Part 100 — Intergovernmental Review of Department of Health and Human Services Programs and activities; 12. Executive Order 12549, Debarment and Suspension from Eligibility for Financial Assistance (Non- procurement); B. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY The Recipient assures, as stated in Section 508 of Public Law 103 -333, that all statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole Page 28 or in part with Federal money, all grantees receiving Federal funds, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state: (1) the percentage of the total costs of the program or project which will be financed with Federal moneN, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non- governmental sources. C. INTEREST FROM CASH ADVANCES Recipients shall invest cash advances in compliance with section .21 (h) (2) (i) of the Common Rule and section .22 of OMB Circular A -110 (now 2 CFR Part 215). Recipients shall maintain advances of Federal funds in interest - bearing accounts unless one of the following conditions applies: NON - PROFITS ONLY: 1. The Recipient or subcontractor receives less than $120,000 in total Federal awards per year. 2. The best reasonably available interest bearing account would not be expected to earn interest in excess of $250 per year on all Federal cash balances. 3. The depository would require an average or minimum balance so high that it would not be feasible within the expected Federal and non - Federal cash resource. Interest earned off cash advances shall be reflected on the monthly financial status report and the close -out report. LOCAL GOVERNMENTS ONLY Except for interest earned on advance of funds exempt under the inter - governmental Cooperation Action (31 U.S.0 6501 et. seq.) and the Indian Self - Determination Act (23 U.S.C. 450), recipients and sub - recipients shall promptly, but at least quarterly, remit interest earned on advances to the Federal agency. The recipient or sub - recipient may keep interest amounts up to $100 per year for administrative expenses. D. PROGRAM INCOME The Recipient may reapply program income for eligible program projects or objectives. The amount of program income and its disposition must be reported to DEO at the time of submission of the final close -out report. E. MODIFICATIONS (1) DEO shall not be obligated to reimburse the Recipient for outlays in excess of the funded amount of this Agreement unless and until DEC) officially approves such expenditures by executing a written modification to the original Agreement. (2) The line item budget, as given in Attachment J of this Agreement and reported on the monthly financial status reports, may not be altered without a written budget modification submitted in accordance with the terms below: (a) The Recipient must use a DEO- approved Modification package. (b) Only unobligated funds may be transferred from one line item to another line item. (c) The Recipient may transfer unobligated budgeted line items within a budget category as long as the budget category subtotal remains the same. For the purpose of transferring funds, the Page 29 following are considered budget categories: Administrative Expenses, Outreach Expenses and Direct Client Assistance. (d) Each modified line item must meet all contractual minimum and maximum percentage budget requirements. (e) All requests for modifications to increase or decrease any line item must be submitted to DEO for approval thirty calendar days prior to the anticipated implementation date. Failure to meet this time frame may result in reimbursement delays. (f) A letter of explanation and a completed modification package, Modified Attachments J -L, if applicable, signed by the Recipient, must be submitted to DEO and approved prior to the submission of a financial status report in which the changes are implemented. (g) Upon approval, the Recipient's budget detail will be revised in DEO's electronic payment system. (h) None of the budget transfers may violate this Agreement or OMB Circulars A -110 (now 2 CFR Part 215), A -87 (now 2 CFR Part 225), A -21 (now 2 CFR Part 220) and A -122 (now 2 CFR Part 230). F. BONDING (1) Non -Profit Organizations The Recipient agrees to purchase a blanket fidelity bond covering all officers, employees and agents of the Recipient holding a position of trust and authorized to handle funds received or disbursed under this Agreement. Individual bonds apart from the blanket bond are not acceptable. The amount of the bond must cover each officer, employee and agent up to an amount equal to at least one -half of the total LIHEAP agreement amount. (2) Local Governments: The Recipient agrees to purchase a fidelity bond in accordance with Section 113.07, Fla. Stat. The fidelity bond must cover all officers, employees and agents of the Recipient holding a position of trust and authorized to handle funds received or disbursed under this Agreement. G. MONITORING (1) DEC) shall conduct a full onsite review of the Recipient at least once during each three -year period. The Recipient shall allow DEC) to carry out monitoring, evaluation and technical assistance, and shall ensure the cooperation of its employees, and of any Sub - Recipients with whom the Recipient contracts to carry out program activities. (2) Training and technical assistance shall be provided by DEO, within limits of staff time and budget, upon request by the Recipient and /or determuiation by DEC) of Recipient need. (3) DEC) shall conduct follow -up reviews including prompt return visits to Recipients and its programs that fail to meet the goals, standards, and requirements established by the State and federal funding agency. H. OTHER PROVISIONS (1) The Recipient must budget a minimum of twenty -five percent of the total Agreement funds for Home Energy Assistance. (2) The Recipient must budget a minimum of two percent of the total Agreement funds for Weather Related /Supply Shortage emergency assistance. These funds must be held in this budget line item category until November 1 of the program year for use in response to a possible disaster. These funds Page 30 will only be used during state or federal emergencies declared by the President, the Governor or the Executive Director of DEO as he /she deems necessary. In the event of an emergency being officialli declared, if the Recipient or DEO finds that two percent of the budget is not sufficient to meet the emergency, the Recipient may draw on other Agreement categories, up to fifty percent (50 %) of the total Agreement budget, without additional written authorization. When funds are distributed for a weather - related /supply shortage emergency, DEO will provide binding directives as to the allowable expenditures of the funds. After November 1, if no emergency has been declared, DEO will release the funds and the Recipient will allocate these funds to the crisis or home energy category of the program through a budget modification. The Recipient will comply with these directives or agree that these funds will remain with DEO. (3) In addition to the record keeping, public records, and audit requirements contained in Paragraphs (5), (6) and (7) 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. (4) If the U.S. Department of Health and Human Services initiates a hearing regarding the expenditure of funds provided under this Agreement, the Recipient shall cooperate with, and upon written request, participate with DEO in the hearing. (5) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of Attachment A and all other applicable laws and regulations. Page 31 FY 2014 LIHEAP AGREEMENT ATTACHMENT C REPORTS A. Annual reports (1) Close -out Report The LIHEAP Close -Out Report is due forty -five calendar days after termination of the Agreement or forty -five calendar days after completion of the activities contained in the Agreement, whichever occurs first. If the forty -fifth calendar day falls on a weekend day or holiday, the Close -Out Report shall be due no later than the next business day. The Recipient shall submit original signed documents to DEO that include, at a minimum, the Close -Out Cover Sheet, the LIHEAP Final Financial Status Report, property inventory and accrual report, report on interest bearing accounts, a refund check for any unspent funds, if applicable, and a refund check for any interest earned on advances, if applicable. (2) IRS Form 990 Recipients that are below the $500,000 threshold for all Federal awards in its fiscal year and thus are exempt from the federal single audit act requirements, shall submit with its Agreement proposal a copy of its most recent IRS Form 990. B. Quarterly Reports For each county the Recipient serves, the LIHEAP Household Quarterly Program Report must be provided to DEO no later than twenty-one calendar days following the end of the quarter. For the purposes of this contract, the ending dates of the quarters are June 30, September 30, December 31 and March 31. In the event the twenty-first calendar day of the month falls on a weekend day or holiday, the Quarterly Report shall be due no later than the next business day. C. Monthly reports The LIHEAP Monthly Financial Status Report must be provided to DEO no later than the twenty-first day of each month following the end of the reporting month in which funds were expended. The report shall be provided regardless of whether or not funds were expended. Reimbursement of expenditures shall be based on this report. Only with prior approval by DEO will more than one reimbursement be processed for any calendar month. The Monthly Financial Status Report must be submitted in DEO's current electronic financial management system and a signed copy submitted via facsimile or electronic mail by the twenty-first day. In the event the twenty-first day of the month falls on a weekend day or holiday, the Monthly Financial Status Report shall be due no later than the next business day. D. Monitoring Report Responses The Recipient shall provide a written response to DEO for all monitoring report findings and /or concerns no later than thirty-five calendar days from the date of the original monitoring report. DEO shall notify the Recipient of the due date for any subsequent monitoring report responses as may be required. If the thirty -fifth day falls on a weekend day or holiday, the response to the original report shall be due no later than the next business day. The Recipient may request an extension in writing for DEO's review and approval. E. Cost Allocation Plans: 2 CFR Part 215, Subpart C, Section 215 21(6), requires that Recipients have written financial management systems procedures for determining the reasonableness, allocability, and allowabihty of costs in accordance with the provisions of the applicable federal cost principles and terms and conditions of the Page 32 award. To document this, Recipients must submit copies of their written Cost Allocation Plans to DEO with their contract proposal. The Cost Allocation Plan must be approved by the agency's Board of Directors. F. Other reports: Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by DEO, including supporting or source documentation for any reports identified above in this Attachment. G. Unless otherwise noted, reports shall be submitted to: Ms. Jean Amison, Planning Manager Florida Department of Economic Opportunity Division of Community Development Bureau of Community Assistance 107 East Madison Street - 1\1.SC 400 Tallahassee, FL 32399 -4120 Lean.amison a,deo.m)•florida.com FAX: 850 - 488 -2488 Page 33 FY 2014 LIHEAP AGREEMENT ATTACHMENT D PROPERTY MANAGEMENT AND PROCUREMENT The Recipient shall comply with property management standards for non - expendable property equivalent, at a minimum, to Ol\13 Circular A -102, revised, or OI\1B Circular A -110, revised, Subpart C, Post Award Requirements, and the awarding federal agency's "Common Rule." A. All property purchased under this Agreement shall be inventoried annually and an inventory report shall be made available to DEO upon request. B. All property purchased under this Agreement shall be listed on the property records of the Recipient. Said listing shall include a description of the property, 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. C. Title (Ownership) to all non - expendable property acquired with funds from this Agreement shall be vested in DEO upon completion or termination of the Agreement. D. The Recipient agrees to comply with Section 507 of Public Law 103 -333. As stated in this section, it is the sense of Congress that, to the extent practicable, all equipment and products purchased with funds made available in this Act should be American made. Page 34 FY 2014 LIHEAP AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES A. Interest of Certain Federal Officials No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share of pan 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. 112.061, Fla. Stat. C. Nepotism The Recipient agrees to abide by the provisions of s. 112.3135, Fla. Stat., pertaining to nepotism in their performance under this Agreement D. LIHEAP Assurances The Recipient hereby assures and certifies as a condition of receipt of LIHEAP funds, that it and its subcontractors will comply with the applicable requirements of Federal and State laws, rules, regulations, and guidelines. As part of its acceptance and use of LIHEAP funds, the Recipient assures and certifies that: (1) The Recipient possesses the legal authority to administer the program as approved by the Recipient's governing body, including all assurances contained herein. (2) The Recipient possesses the sound controls and fund accounting procedures necessary to adequately safeguard the assets of the agency, check the accuracy and reliability of accounting data, promote operating efficiency and maintain compliance with prescribed management policies of the agency. (3) The Recipient will permit and cooperate with Federal and State investigations designed to evaluate compliance with the law. (4) The Recipient will give DEO, the Auditor General, or any authorized representatives, complete access to examine all records, books, papers or documents related to all program operations of the grant, including those of any sub - contractor. (5) The Recipient will comply with all of the provisions and practices outlined in DEO's most current monitoring manual. Page 35 (6) The Recipient will comply with non - discrimination provisions, in accordance oath 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 8.1, 86 and 90. (7) The Recipient xyall 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. (8) The LIHEAP application and all its attachments, including budget data, are true and correct. (9) The Recipient will prohibit any political activities in accordance with Section 678F(b) of 42 USC 9918, as amended. (10) Administration of this program has been approved by the Recipient's governing body by official action, and the officer who signs it is duly authorized to sign this Agreement. (11) The Recipient agrees to comply with Public Law 103 -227, Part C, Environmental Tobacco Smoke, also known as the Pro - Children Act of 1994 (Act). This Act requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through States or local governments. Federal programs include grants, cooperative agreements, loans or loan guarantees, and contracts. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug and alcohol treatment. The Recipient further agrees that the above language will be included in any subawards which contain provisions for children's services and that all subrecipients shall certify compliance accordingly. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $1,000 per day. (12) The Recipient will have a published and publicized local outreach office number when the outreach office is open a minim of 40 hours per week, or toll-free telephone number. (13) The Recipient certifies that it will or will continue to provide a drug -free workplace as set forth by the regulations implementing the Drug -Free Workplace Act of 1988: 45 CFR Part 76, Subpart F, Sections 76.630(c) and (d)(2). Page 36 FY 2014 LIHEAP AGREEMENT ATTACHMENT G WARRANTIES AND REPRESENTATIONS A. Financiall\1anaVement Recipient warrants that its financial management system shall provide the following: (1) Accurate, current, and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, un- obligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. B. Competition Recipient warrants the following: (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and /or requests for proposals shall be excluded from competing for such procurements. (3) Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. (4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. C. Codes of Conduct Recipient warrants the following: (1) The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. (2) No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. Page 37 (3) The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. (4) The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. D. Business Hours The Recipient warrants that it shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, on (days) M% 0. through Fa 10 IV' , and from (times) (8:00 Pcr^ 1 to ( 5: M PM_ 1 E. Licensing and Permitting Recipient warrants that all subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. Page 38 FY 2014 LIHEAP AGREEMENT ATTACHMENT H CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION NOTE: Prior to issuing subawards or subcontracts under this Agreement, the Recipient must consult the System for Award Management (SAMA) to ensure that organizations under funding consideration are not ineligible. The list is available on the Web at ht (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Date Recipient's Name DEO Contract Number Page 39 I�of IT I co-b Ib ; su-b ertfs kt6f iohl FY2014 LIHEAP AGREEMENT ATTACHMENT RECIPIENT INFORMATION FEDERAL FISCAL YEAR: 2014 AGREEMENT PERIOD: Date of Signing or March 1, 2014 through March 31, 2015 Instructions: Complete the blanks highlighted in yellow. For item III, put an "X" in whichever highlighted box applies to your agency. I. RECIPIENT: Monroe County BOCC AGREEMENT #: 14EA- OF- 11 -54 -01 -019 �y� II. Agreement Amount: $203,466.00 Total Direct Client A ssistance: )J�' R. 7. CQ III. RECIPIENT CATEGORY: E]Non -Profit Local Government State Agency IV. COUNTY(IES) TO BE SERVED WITH THESE FUNDS: MONROE V. GENERAL ADMINISTRATIVE INFORMATION a. Recipient County Location: MONROE b. Executive Director or Chief Administrator: SHE RYL GRAHAM Address: 1100 SIMONTON ST, SUITE 2 -257 City: KEY WEST , FL Zipcode: 33040 Telephone: 305- 292 -4511 Fax: e. Recipient Contacts 305- 295 -4359 Cell: Email: graham- she rykmonroccounty - f1.gQv Mailing address if different from above Address: 1100 SIMONTON ST, SUITE 2 -257 Mailing Address: 1100 SIMONTON ST. SUITE 2 -257 City: KEY WEST FL 'Zipcode: 33040 c. Chief Elected Official for Local Governments or President /Chair of the Board for Nonprofits: 2. jaKL Name: SYLVIA MURPHY Title: MAYOR Address *: 102050 O/S HWY SUITE 234 City: KEY LARGO , FL Zipcode: 33037 "Telephone: 305 - 453 -8787 Fax: Cell: Email: mumhv- sylvia &)monroccounUz .gYv *Enter home or business address, telephone numbers and email other than the Recipient's SHERYL GRAHAM Name: d. Official to Receive State Warrant: Name: AMY HEAVILIN Address: 500 WHITEHEAD STREET e. Recipient Contacts 1. Program: Name: SHERYL GRAHAM Address: 1100 SIMONTON ST, SUITE 2 -257 Telephone: 305 - 295 -4511 Cell: 2. jaKL Name: AMY HEAVILIN Address: 500 WHITEHEAD STREET Telephone: 305 - 292 -3560 Cell: f. Person(s) authorized to sign reports: Name: SHERYL GRAHAM Name: KIM WEAN Name: g. Recipient's FEID Number: 59- 6000749 Title: DEPUTY CLERK City: KEY WEST , FL Zipcode: 33040 Title: SR SOCIAL SERVICES DIRECTOR City: KEY WEST , FL Zipcode: 33040 Fax: 305- 295 -4359 Email: graham- sherylnmonroecounte- El.gov Title: DEPUTY CLERK City: KEY WEST FL Zipcodc: 33040 Fax: Email: Title: SR SOCIAL SERVICES DIRECTOR Title: COMPLIANCE MANAGER Tide: h. Recipient's DUNS Number: 73876757 V. AUDIT DUE DATE: Audit(s) are due by the end of the Ninth month following the end of the agency's fiscal year. Recipient Fiscal Year: October 1, 2013 thru September 30, 2014 Audit Due to DEO: June 30, 2015 Page 40 FY 2014 LIHEAP AGREEMENT ATTACHMENT J BUDGET SUMMARY AND WORKPLAN RECIPIENT: MONROE COUNTY BOCC AGREEMENT#: 14EA-OF-11-54-01-019 Instructions: Enter the appropnate figures in the boxes highlighted inyellow. Use only whole dollar amounts;no cents. I. BUDGET SUMMARY LIHEAP FUNDS ONLY BUDGETED AMOUNT I li n_v I'I•ry UJ 203,466.00 ADMINISTRATIVE EXPENSES alh Salaries including Fringe,Rent,Utilities,Travel,Other (Total cannot exceed 8.5°o of line 1;round down if next],.1 2 * 17,294.00 Maximum Administrative Expense: $17,294.61 OUTREACH EXPENSES, • Salaries including Fringe,Rent,Utilities,Travel,Other(Total cannot exceed 15%of the difference between Line 1& 3 Line 2 (Line 1 minus Line 2 times.15;round down if needed)* 27,925.00 Maximum Outreach Expense: $27,925.80 DIRECT CLIENT ASSISTANCE Home Energy Assistance (Must be at least 25%of Line 1;round up if needed) 4 62,500.00 25%Minimum Calculation I$50,866.50 5 Crisis Assistance 91,260.00 Weather Related/Supply Shortage/Disaster (Must be at least 2%of line 1;round up if needed.) 6 4,487.00 2%Minimum Calculation: $4,069.32 7 TOTAL DIRECT CLIENT ASSISTANCE (Lines 4+5+6) 158,247.00 8 GRAND TOTAL ALL EXPENSES (Lines 2 + 3 + 7) 203,466.00 II. DIRECT CLIENT ASSISTANCE PLAN Estimated#of Estimated Estimated T:k pe of Assistance Benefits to Cost Per Expenditures'«` be Provided Benefit (Est#x Est$) Summer Home Energy 125 250.00 31,250.00 Winter Home Energy 125 250.00 31,250.00 Summer Crisis 201 285.00 57,285.00 Winter Crisis 151 225.00 33,975.00 Weather Related/Supply Shortage 16 280.45 4,487.20 TOTAL I 618 I 1,290.45 I 158,247.20 *If less than 8.5%of Line 1 is budgeted for Administrative Expenses,the Recipient may increase the Outreach Expenses. The total Administrate e I Sxpenses plus the total Outreach Expenses may not exceed the sum of the original maximum allowed for each of these line items. Total of Line 2 plus Line 3 may not exceed: I$45,220.41 (Line 2+Line 3= I$45,219.00 **Estimated Expenditues given in the Assistance Plan must agree with the corresponding values on Lines 4-7. Page 41 F1' 2014 LIHEAP AGKEEMENI• ATTACFIMENT K ADMINISTRATIVE AND 01_'T REAM EXPENSE 131 DETAIL (Lines 2 -3) Recipient: %I( )\ IZ( )1.: C(W R( )( (; Agreement #: 141 % - ()I:..I a)1_ii1') 10'r I , tut, 'r tip.' �1 /uir i L a /.,Gun. :, A• i ,n� tt, Il J>;, ' li)i hum ""d njmr,.', .ou hh; "13nelp P - ..,` !" B did I h rr . lt(rn \u!nber Expenditure Detail 'Rramd all line items. to drd(ae's. I)o nut use cents and decimals in tomk l olels muu acnr ••pith \rntchmcnt I} LII IF \P I I \I)S ADMINISTRATIVE EXPENSES: salary: SR. Director 5% LIHEAP. 15 %CCE, 20% MCT. 4% C1, 4% C2,22% GENERAL REVENUE, 30% WAP 104 HRS X $47.12/HR LOADED WITH FRINGE salary: Compliance Manager 10% LIHEAP, 40 %CCE, 5% MCT, 5% ADI, 5% CCDA, 5% C1, 5% C2,25% GENERAL REVENUE 208 HRS X $37.74/HR LOADED WITH FRINGE MISC- OTHER: 1) PHONE, POSTAGE, FREIGHT- 250 3,922,00 2) PRINTING AND BINDING SUPPLIES - 352 3) OFFICE SUPPLIES 500 4) OPERATING SUPPLIES 245 5) RENTAUCOPIER 500 6) MAINTENANCE AGREEMENT 2075 (annual fee for maintaining internal data client tracking system) TRAVEL: 1 person to the Annual FACA traing conference (airfare, meals, per diem) 622. TOTAL ADMINISTRATIVE EXPENSES 3 OUTREACH EXPENSES salary: FULL TIME CASE MANAGER (INTAKE, ELIGIBILITY) 12 ,_S29.00 20% LIHEAP, 80% GENERAL REVENUE 416 HRS X $30.121HR LOADED WITH FRINGE salary: STAFF ASSISTANTS (TWO INTAKE, ELIGIBILITY) $6190.00 x 2 employees 15% LIHEAP, 85% GENERAL REVENUE 312HRS X $19.84/HR LOADED WITH FRINGE TRAVEL: 1000 MILES X $.4451PER MILE (estimated local mileage) 44500 TRAVEL: i person to the Annual FACA training conference (airfare, meals, per diem) 1, 60001 , Other: (consumable office supplies such as postage for mail outs, equipment) 9'1' (01 TOTAL OUTREACH EXPENSES 27,125.00 DIRECT CLIENT ASSISTANCE: - 1 HOME ENERGY (''• "' "�� CRISIS 91,2Gn.nn WEATHER 4,;A "! Page 42 FY 2014 LIHEAP AGREEMENT ATTACHMENT L MULTI - COUNTY FUND DISTRIBUTION Recipient: MONROE COUNTY BOCC Agreement #: 14EA- OF- 1 1 -54 -01 -019 Number of Counties to be Served with this agreement: one If the Recipient will serve more than one county with this agreement, complete the form below. Describe how you will equitably allocate LIHEAP resources to each of the counties you serve. This plan must be in part based on the 150% poverty population of each county. Instructions: Enter appropriate data only in the cells below that are highlighted in yellow. Percentages will automatically populate when the total direct client assistance amount and all three columns for each county are filled in. Poverty Population Data Souce: Provide the U. S. Census data source for the 150% of poverty population used including the year of the data. If any other data or factors are used in allocating the funds, describe and give the source. Data Source and TOTAL DIRECT CLIENT ASSISTANCE Description: $0.00 COUNTY 150% POVERTY POPULATION*' COUNTY'S % OF POVERTY POPULATION IN SERVICE AREA TOTAL DIRECT CLIENT ASSISTANCE % OF AGENCY'S DIRECT CLIENT ASSISTANCE DOLLARS ALLOCATED TO THIS COUNTY $0.00 COUNTY ALLOCATION MONROE 158,247.00 #DIV /0! Total Budgeted Direct Client Assistance* 0 0% 158,247.00 #DIV /0! * Allocation must be equal to Attachment J, Budget Summary and Workplan, Line 7 Page 43 FY 2014 LIHEAP AGREEMENT ATTACHMENT M JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Monroe County BOCC AGREEMENT #: 14EA -OF -11 -54-01 -019 Any advance payment under this Agreement is subject to s. 216.181 (16)(a)(b), Florida Statutes and Paragraph (18) of this Agreement. The Recipient shall invest cash advances in compliance with section .21(h) (2) (1) of the Common Rule, section .22 of OMB Circular A -110 as revised and Attachment B, Section C of this Agreement. Check the applicable box below (check only one). M NO ADVANCE REQUESTED No advance payment is being requested. Payment will be made solely on a reimbursement basis. No additional information is required. ADVANCE REQUESTED Advance payment of is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start -up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If an advance is requested, complete the following worksheet by filling in the cells highlighted in yellow. The expenses for the first two months in which expenditures were reported need to be provided for the years you received a LIHEAP agreement. If you do not have this information, call your grant manager and they will assist you. The Recipient may request an amount up to the historical percent of expenditures for the first 2 months of the agreement OR 17% of the award, whichever is less.* HISTORICAL PERCENT FOR FIRST 2 MONTHS #DIV /0! x $ 203,466.00 = #DIV /0! Cell D3 LIHEAP Award Historical Advance 17 % CALCULATION: 203,466.00 LIHEAP Award 0.17 = 34,589.22 Percent of Award Maximum Advance Page 44 ( (B) (C) (D) DESCRIPTION FFY 2011 FFY 2012 FFY 2013 Total 1 TOTAL ALLOCATION (Includes any base 0.00 0.00 0.00 0.00 increases and carryforward dollars) 2 FIRST TWO MONTHS OF EXPENDITURES 0.00 0.00 0.00 0.00 3 AVERAGE PERCENT EXPENDED IN FIRST #DIV /0! #DIV /0! #DIV /0! #DIV /0! TWO MONTHS (Divide line 2 by line 1) The expenses for the first two months in which expenditures were reported need to be provided for the years you received a LIHEAP agreement. If you do not have this information, call your grant manager and they will assist you. The Recipient may request an amount up to the historical percent of expenditures for the first 2 months of the agreement OR 17% of the award, whichever is less.* HISTORICAL PERCENT FOR FIRST 2 MONTHS #DIV /0! x $ 203,466.00 = #DIV /0! Cell D3 LIHEAP Award Historical Advance 17 % CALCULATION: 203,466.00 LIHEAP Award 0.17 = 34,589.22 Percent of Award Maximum Advance Page 44 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING DOCUMENTATION ATTACHMENTS: N. CERTIFICATE OF CORPORATE RESOLUTION O. FIDELITY BOND DOCUMENTATION P. UTILITY VENDOR AGREEMENTS Q. COPY OF WAP MOU R. COPY OF EHEAP MOU S. OUTREACH OFFICES T. WRITTEN COST ALLOCATION PLAN U. CENTRAL CONTRACTOR REGISTRATION V. COMPLETED AND SIGNED AUDIT COMPLIANCE CERTIFICATION 45 ATTACHMENT N CERTIFICATE OF CORPORATE RESOLUTION 1, , as Secretary of NOT APPLICABLE a Florida nonprofit Corporation ( "Corporation "), hereby certify that the following is a full, true and accurate copy of the resolution of the Board of Directors of the Corporation, duly and regularly passed and adopted at a meeting of the Board duly called and held in all respects as required by law and by the bylaws of the Corporation on at which meeting a quorum of the Board was present, and that the resolution remains in full force and effect and has not been modified or repealed. WHEREAS, it is in the best interest of the Corporation to enter into a grant agreement with the Florida Department of Community Affairs for the Fiscal Year 2008 -2009 Low Income Home Energy Assistance Program. RESOLVED, that as the of the Corporation is hereby authorized and empowered on behalf of the Corporation to negotiate the terms for and to enter into and execute the above described agreement with the Florida Department of Community Affairs, and to negotiate the terms for and to execute any and all related documents which are necessary to effectuate the terms of said agreement. Executed by me as Secretary of the Corporation on Secretary President (Corporate Seal) . S ATTACHMENT O FIDELITY BOND The following page (page 48) is a copy the Monroe County Board of County Commissioners' Fidelity Bond Agreement. 47 ACCORV CERTIFICATE OF PROPERTY INSURANCE DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. If this certificate Is being prepared for a party who has an insurable Interest in the property, do not use this form. Use ACORD 27 or ACORD 28. PRODUCER 1 -561- 995 -6706 Arthur J. Gallagher Risk Management Services, Inc. 2255 Glades Road Suite 200E Boca Raton, FL 33431 CONTACT NAME: PHCNNo 561 - 995 -6706 aC No 561-995-6708 E-MAIL ADDRESS: PRODUCER T INSURERS AFFORDING COVERAGE NAIC # INSURED Monroe County Board of County Commissioners 1100 Simonton Street, Room $2 -274 Rey West, FL 33040 INSURER A: Travelers Cas & Surety CO 19038 INSURER B: INSURER C: $ INSURER D : INSURER E: BUILDING INSURER F COVERAGES CERTIFICATE NUMBER: 37875623 REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWODIYYYY) POLICY EXPIRATION DATE (MMIDDIYYYY) COVERED PROPERTY LIMITS PROPERTY CAUSES OF LOSS DEDUCTIBLES BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG 8 PP $ $ BASIC BUILDING $ BROAD $ CONTENTS SPECIAL $ EARTHQUAKE $ WIND $ FLOOD $ $ CAUSES INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY $ $ POLICY NUMBER $ $ A X I CRIME TYPE OF POLICY PUBLIC EMP DIS 1039009055 10/01/13 10/01/14 X CVG FORM O $ 1,000,000 $ $ BOILER 8 MACHINERY/ EQUIPMENT BREAKDOWN $ $ SPECIAL CONDITIONS I OTHER COVERAGES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) ❑L47I oe County Board of County Commissioners Historic Gato Cigar Factory 1100 Simonton Street, Suite 2 -268 Rey West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. USA AUTHORIZED REPRESENTATIVE aimbel ACORD 24 (2009/09) ©1995 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 37875623 ATTACHMENT P UTILITY VENDOR AGREEMENTS The following pages (pages 50 to 55) are copies of the "Utility Vendor Agreements ". .• MONROE COUNTY BOARD OF COUNTY COMMISSION ERS ORIGINAL SOCIAL SERVICES LOW INCOME HOME ENERGY ASSITANCE PROGRAM UTILITY PAYMENT AGREEMENT WITH UTILITY BOARD OF THE CITY OF KEY WEST, FL DB /A KEYS ENERGY SERVICES. P.O. BOX 6100 KEY WEST, FLORIDA 33040 (305) 295 -1020 FAX: (305) 295 -1034 The undersigned home energy supplier hereby agrees to the following conditions in order to receive utility payments from the Low Income Home Energy Assistance Program ( LIHEAP): I . This agreement will begin on (APRIL 17, 2013) and will end on (APRIL 16. 2015) The agreement will be reviewed/renewed no later than (MARCH 31. 2015). 2. The Recipient agrees to provide the Utility with a list of names and contact information for all agency personnel authorized to commit LIHEAP funds. The Utility will only accept payment commitment from authorized Recipient personnel. Changes (additions/deletions) to the authorized personnel list must be approved in writing by an authorized Recipient representative. 3. The Utility agrees to provide the Recipient with a list of names and contact information of all Utility representatives authorized to resolve the LIHEAP eligible customer's energy payment crisis. 4. The Recipient agrees to provide energy payments directly to the Utility on behalf of the LIHEAP eligible customer. 5. The Utility assures that no customer receiving LIHEAP assistance will be treated adversely because of such assistance under applicable provisions of state law or public regulatory requirements. 6. The Utility receiving direct payments on behalf of a customer agrees that the eligible customer will not to be treated differently than any other KEYS customer, either in the cost of goods supplied or the services provided. 7. The Utility understands that only energy related elements of a utility bill are to be paid with LIHEAP funds. No water or sewage charges may be paid except if required by the Utility to resolve the crisis. 8. The Utility understands that only direct costs of energy related elements of a utility bill are allowed. No charges that result from illegal activities such as bad checks or meter tampering will be paid with LIHEAP funds. The Utility is aware that such charges are the responsibility of the customer and it is the Recipient's responsibility to identify such charges and exclude them from their payment to the Utility. .- MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SOCIAL SERVICES LOW INCOME HOME ENERGY ASSITANCE PROGRAM UTILITY PAYMENT AGREEMENT WITH UTILITY BOARD OF THE CITY OF KEY WEST, FL DB /A KEYS ENERGY SERVICES. 9. The Utility understands that when the LIHEAP benefit amount does not pay for the complete charges owed by the customer, that the customer is responsible for the remaining balance owed. 10. The Utility agrees to assist the Recipient in verifying the LIHEAP customer's account information. Subject to the Utility's privacy requirements, the Utility agrees to provide the Recipient with the following detailed customer account information: (1) current amount owed, (2) due dateldisconnect dates and (3) amount necessary to resolve the crisis situation. 11. The Recipient agrees to provide a purchase order or payment transmittal sheet, which is a binding commitment to pay, to the Utility within 10 days from the date of the Recipient's promise to pay. The Recipient shall provide payment to the Utility within 30 days from the issuance of the purchase order or payment transmittal sheet. 12. This Utility agreement will be signed by Recipient and Utility upper level management with authority to enter into such commitments. 13. If a LIHEAP payment to the Utility cannot be applied to a customer's account, the funds will be returned to the Recipient. RECIPIENT MONROE COUNTY BOARD OF COUNTY COMMISSIONERS BY: 4 . (Signature) (Name Title) 4/17/10/3 (Date) UTILITY UTILITY BOARD OF TH MITY OUCEy WEST, FL P.O. BOX 6100 _ KEY WEST, FLORIDA 3 - o BY: rn (Signatur . �- o -� t' nemLT l e eke- 6H/ c6% v (Name and Title) I - -i (Date) V F1 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 20, 2012 TO: Kim Wilkes Wean. Sr. Grants Coordinator Social Services Department FROM: Pamela G. Hancocvb.c At the April 18, 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C7 a Vendor Agreement between Monroe County Social Services and Florida Keys Electric Cooperative for the Low Income Home Energy Assistance Program (LIHEAP). Enclosed is a duplicate original of the above- mentioned for your handling. Should you have any questions, please feel free to contact my office. AILIN jW cc: County Attorney w/o document Finance File ✓ 13 -dF-- 4U-9V l S MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SOCIAL SERVICES LOW INCOME HOME E NERGY ASSIST PROGRAM (LIHEAP) VENDOR PAYMENT AGREEMENT FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM THIS AGREEMENT is made and entered into this I' 4 & day of 2012, by and Between Monroe County, hereinafter referred to as ( "County") a political subdivision of the State of Florida whose address is 1100 Simonton Street, Key West Florida, 33040 on behalf of its Social Services Department, and Florida Keys Electric Cooperative (FKEC), whose address is 91605 Overseas Highway Tavernier, Florida, hereinafter referred to as ("Vendor"). WHEREAS, County has entered into a low- income home energy assistance program ( LIHEAP) federally funded sub grant agreement with the State of Florida, Department of Economic Opportunity (DEO), ( "LIHEAP Agreement"); and WHEREAS, the LIHEAP administered by Monroe County Board of County Commissioners, Social Services Department, provides funding to assist low income County Residents ( "consumers") with payment of their energy costs; and WHEREAS, Vendor provides energy to low income consumers; and WHEREAS, County agrees to pay Vendor funds from UHEAP to assist low income consumers with payment of their energy bills; and WHEREAS, Vendor agrees to accept the funds from LIHEAP to assist low income consumers with payment of their energy bills; NOW, THEREFORE, In consideration of the covenants and conditions herein and for other good and valuable consideration, each to the other, receipt of which is hereby acknowledged by all parties, County an d Vendor hereby agree as follows: Vendors Responsibilities and Duties. The Vendor agrees to: 1) Accept the LIHEAP funds from County's LIHEAP office as either full or partial payment of energy bills for eligible low income consumers. 2) Charge eligible low income consumers, through Vendors normal billing process, the actual unpaid difference between the vendor payment made through the program and the actual remaining unpaid cost of the home energy. 3) Eligible consumers receiving assistance under this program will not be treated adversely because of receipt of this assistance. 4) Eligible consumers, on whose behalf a vendor payment is received, either in cost of goods supplied or in the services provided, will not be discriminated against. 5) Adhere to and abide by the rules, regulations and guidelines of the LIHEAP program. 6) Notify County's LIHEAP office of any County payments not received by Vendor, for whatever reason, after the thirty (30) day notice of intent to pay has expired and furnish a copy of the payment guarantee. 7) Agree to not terminate services after notification from Monroe County Social Services that payment of an eligible recipient's utility bill will be made from LIHEAP funds. County Responsibilities and Duties. The County agrees to: 1) Determine the eligibility of energy customers to participate in the LIHEAP program. 2) Provide LIHEAP funds to either partially or fully satisfy payment of energy bills for eligible low income consumers. 3) Render payments to Vendor within thirty (30) days of County providing Vendor with notice of Intent to pay. Payment to Vendor shall be made to: Name: Fl rlda Keys Electric Cooperative Address: 6e5 Overseas Highway PO Box: PO Box 377 City /State /Zip: Tavernier, Florida 33070 -0377 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original agreement. Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk Date: �`7� I 'i' , z Mayor /Chairperson VENDOR E I (SEAL) Attest /Wit sses By: Name Printed: S BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: x � o -D n Z r.. I'll = D VENDOR E I (SEAL) Attest /Wit sses By: Name Printed: S BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: �Ucz SS Name Printed - .C� a se-s-1 3/30/12 mskw Florida Keys Electric rative By: Title: Telephone: . , 7 Fax: 301" "15Q z17? this /_ day o(j&W(Z012 By: By: �Ucz SS Name Printed - .C� a se-s-1 3/30/12 mskw Florida Keys Electric rative By: Title: Telephone: . , 7 Fax: 301" "15Q z17? this /_ day o(j&W(Z012 4) Provide Vendor with a resolution of guaranteed payments within five (5) working days of notification from Vendor of any payments not received within the thirty (30) day notice of intent to pay. 5) Provide Vendor with the rules, regulations and guidelines of the LIHEAP program, and specifically those outlined in the LIHEAP sub grant agreement, between Monroe County Board of County Commissioners and The State of Florida, Department of Community Affairs, DCA. 6) Agree to pay only energy related elements of an eligible recipient's utility bill. in no instance may water, sewerage or other non - energy related charges be paid expect if required by the vendor to meet the requirements of resolving the crisis. Any additional charges of this nature are the responsibility of the client. When the benefit paid by the Monroe County Social Services on behalf of the eligible recipient does not pay the complete charges owed, the eligible recipient will be solely responsible for the remaining balance. Terms of Agreement: The term of this Agreement shall be for five (5) years beginning on April 18, 2012 and terminating on April 17, 2017. However, this Agreement can be terminated by either party at any time, with or without cause, upon no less than fifteen (15) days notice in writing to the Ambs other party. This Agreement may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances in the event the County Administrator determines that termination is necessary to protect the public health or safety. ATTACHMENT Q WEATHERIZATION ASSISTANCE PROGRAM Monroe County Social Services is the current provider for Weatherization Assistance in Monroe County. Our current WAP agreement allocation from the Department of Economic Opportunity is $32,793.00. The WAP agreement requires that at least 10% of weatherized dwellings are LIHEAP referral clients. We currently have met this goal and continue to receive referrals from our current LIHEAP clients. 56 ATTACHMENT R COPY OF THE MEMORANDUMS OF AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND THE EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELDERLY PROGRAM (EHEAP) PROVIDER. The following pages (58 -64) are copies of the Memorandums of Agreement (MOA) between the Monroe County Board of County Commissioners AND the Emergency Home Energy Assistance for the Elderly Program (EHEAP) Provider, the Alliance for Aging, Inc. Also included are three (3) EHEAP Intake Center Referral Agreements (one each for Upper, Middle and Lower Keys). 57 ±r,. .. NlemorandUrn of Agreement Between Emergency Home Energy Assistance for the Elderly Program IEHE.�EP) and Low-income Energy Assistance Program (L[HEAP) The undersigned providers of energy assistance programs agree to coordinate services for households containing a member of 60 years of age or older. This coordination will prevent duplicate crisis assistance payments during the same heating and cooling season;. Client records will be maintained by both agencies, which include the type of assistance requested, the date requested, the disposition of the application and if approved, the amount of payment to the vendor. All parties will work together to increase the quality of services provided to seniors in need of this service in Monroe County. 1 f Signature o Authorizing Company Official Date for the EHEAEP Program/Title Alliance for Aging, lnE" • � aye r' Signature of .authorizing Company Official for the Monroe County LtHEAP Program-Title Date • • � ir riles 71 .'ONACE COUNTY ATTCANEY :� , off rT,:,N 14- Eh1ERGENCY HO&tE ENERGY ASSISTANCE FOR THE ELOE RAY PROGRAM REFERRAL AGREEMENT (EHEAEP) INTAKE CENTER REF This Referral .agreement berveen the Alllanc fo A In Inc., Planning and Seriice Area (PSA) 1 and e ire Area A the Intake Center, shall begin on the date the agreement ' has g; r. Agency on Aging (AAA) far parties, ,La"AX later. This referral agreement is in e enrollment period of time that is equal to d by hebIntake Center s r is Kect for a period in the EHEAEP program. One development of a coordinated service delivery ur p ose of this agreement is to promote voluntary purpose of this agreem is to enable eligibl eldeem to meet the ener convenient manner b g needs of the aged. y going t Another to the intake center nearest to their pless;den E HEAEP program in a to and will treat each participant with dignity and respect, ace of Both parties agree I. Objectives A. To maintain a climate of cooperation and consultation with and betw agencies, In order to achieve maximum efficiency and effectiveness. 13. To promote programs and activities designed to pre elders and disabled adults. vent the prema C. To require the parties of this Agreement to provide technical assistant lure in stitutionalization of other on matters Pertaining and consultation to each duplication may not occur, g to EHEAEP benefits and share a -�. O. To establish an effective working relationship pPropriate information so " initial assessment and verification of need, and the AAA that p between the Intake Center responsible for the and oversight of the EHEAEP program. at is responsible for management It. Under this Agreement, the Intake Center agrees to the followln : 9 A• To accept referrals at large from any elderly individuals in the energy emergency crisis and in need of assistance. community experiencing an 0. To provide quality service(s) to the EHEAEP applicant. C• To obtain all documentation required under EHEAEP energy crisis exists and that the applicant meets all pertinent eligibility requirements. D. To maintain the EHEAEP applicant's confidentiality act guideline in order to establish that an q E- To forvard all Wormation obtained and an 4 31.301. ording to 42 CF Coordinator at the ,4il1anCe for A ;n y required documentation a r, th4 adhere t0 9 9 Elder HAI °ling for case the EHEAEP �,aruat. r q�'r °R'ents and the policies and a ntatJon opro gal and Proc Procedures outlined . the EHEAEP III. Under this Agreement, the Area Agency on Aging agrees to the roll orving; 3. ^g -,3 �9r'• -a,7.7 .3•g ' :_3 ; IV. Termination In the event this agreement is terminated, the Intake Center agrees to su bmit, to terminate is delivered, a plan .s hich :dentilieS procedures to ensure servi in!errupted or suSpended by the termination. bmit, at the lima rot.ca cf nt�nt Ce4 t0 consumers �,�,tt rot be A. Termination at 1 Niil This agreement may be terminated b any party upon no less than thi notice, without cause, unless a lesser time is mutually agreed u Said notice shall be delivered by cert�lied mail, return yeceipt req uested, X30) calendar days Of delivery, Pon by both parties, .n writing or in person with proof B. Termination for Breach Unless a breach is waived by the area agency in writing, or the parties fait to cure the breach within the time specified by the area agency, the area agency may, parties, terminate the agreement upon no less than twenty -four (24) hours n oti ce. shall be delivered by certified mail, return receipt requested, or !n y by written notice to the P on with proof of delidvery. ice person witness whereof, the parties have caused this 2 page agreement to be exe officials a s duly authorized. cuted by their undersigned Area Agency on Aging ., f�gnaiafe DAM rsen� LN• •ue Intake Center M�NYI� Dnnl rs,,,e 1100 Simonton Street . Key west, FL 33040 isle U7CRR +Ey 's'p90�`0 >> / 0 Ft);3 rT' V r ' i4.L� M r 4, '.c � EMERGENCY HO,ti1E ENERGY ASSISTANCE FOR THE . INTAKE CENTER REFERRAL AGREES ENTpROGRQM (EHEAEp) This Referral agreement tetween It•e Allian e f cor Aglna ►� ,. , ; h, Planrirq and Seriica Area (pgq) and, :ha Intake Center shall tegin on the date the agreement has Area Agency on Ag;rg (AAA) fen ►ater. This referral agreement s in effect fora been �d�y enrollment period in the period of time that is equal to the Intake . 's i�chever olunta is s Cen development of a coordinated service deliver purpose of this agreement One is to ry purpose of this agreement is to enable eligib e ysttem to meet the ener promote the convenient manner b g ac 9Y needs of the aged. Another Y going to the intake center nearest o their place of residence. Both program r a to and will treat each participant with dignity and respect. Both parties agree I. Objectives A. To maintain a climate of cooperation and consultation with and betty achieve maximum efficiency and effectiveness. 8. 7o promote programs Lure In stitutionalization of and activities designed to prevent the prema een agencies, in order to elders and disabled adults. C. To require the parties of this Agreement to provide technical assistance and consultation to each other on matters pertaining to EH EAEP enefits and share b duplication may not occur. appropriate information so �. To establish an effective working relationship between the Intake C e initial assessment and verification of need and the «, inter responsible for the ' AAA that is responsible for management and oversight of the EHEAEP program. I1. Under this Agreement, the Intake Center agrees to the followln 9 A. To accept referrals at large from an energy emergency crisis and in need of assistance. individuals in the tom t3. To provide quality service( to the EH community experiencing an C• To obtain all documentation requiredEunderappllcant. EHEAEP guidelines in order to establish that an energy crisis exists and that the applicant meets all E. To maintain all i HEAE plicant' d nfidentiality P ccord nt eligibility requirements. Coordinator at 11 A ; for any req uired to •32 ent 431.301. G To rdina II ante ,or Aging Elder Hel tin qu,rsd d ocumentation a tr, e •o t-19 requirerr erts HEAEP and the , rccedure p e for case approval and r r . - ran uai poi�C e9 and p - esSirg, s putt red EjHE.aEP Ill. Under this Agreement, the Ar A genc y on Aging agrees to the follo ruing: 3. '5i IV. Termination In the event this agreerrert is terminated, ;he Intake Center agrees t to terminate Is delivered, a o submit at the hrre interrupted or suspended by ;i-e ter�mira�on Qs p rocedures to ensure services to Consumers of intent ill not Ce A. Termination at 'I This agreement may be terminated by an notice, :vlthout cause unless a lesser time is mutually agreed upon Said nonce shall be delivered by certified y party upon n0 less than thi rty (30) calerdar days Of dee►very, mail, return receipt request d, a� )n part ies, son wi proof B. Termination for 9reach Unless a breach is waived by the area agency in writin g within the time specified by the area ag (2 hours notice. Said notice ency, the area gen ag e n cy the cy may, by written notice to the parties, terminate the agreement upon no less than twenty -four parties fail to cure the breach shall be delivered by certified mail, return receipt requested, or in Pe rson n with proof of delivery, witness whereof, the parties have caused this 2 page agreement to be ex off ficials s whey authorized. ecuted by their undersigned Area Agency on Aging fgn•►y,• � . pnnl rams nna 1.110 lat• Intake Center >'ynuurra t pilot n•m@ L JJ050 fad@ ""`RpE COUNri.Li•;,7pr�EY ppg0yc0.aS�C P"Op �lJZ.i.p►►E a T r � d EP,tE.gGtNCY HOVE ENERGY ASSISTANCE FOR TH E AGREEMENT pRpGRAP�i AGREEMET EHEAEP) INTAKE CENTER REFERRAL This Referral Agreerent bel%vieen the Allia Plarnirg and S nc for A In ervica Area PSA 11 In the intake Center, ;hart begin on the date the agreem 1-e Area Agercy on Aging later. This referral agreement is in effect fora w g g rA) aril has been sig b anroliment Period rn the EHEAEP period of time that ►s " Y both panes, development of a coordinated service dogrem• One equal to the Intake Carters , �he�' t , purpose of this agreement is to o►untary Purpose of this agreement is to enable elig ible e1deem to meet the a promote th convenient manner b 9 e nergy needs of the aged. to and will treat each part�cipa o the center nearest of their par access the 9 Another Place of residenceHEAEP program in a pact. Both panes agree �• Objectives A. To maintain a climate of cooperation and consultation with a achieve maximum efficiency and effectiveness. eiders and disabled adults. a nd between agencies, in order to To promote progra ms and activities designed to prevent the Premature institutionalization C. To require the parties of this Agreement to provide technical a other on matters of duplication ma Pertaining to EHEAEP bane /its an sststance and consultation to each D. To establish an effective working relationship d share appropriate information so j initial assessment and ve of need, between the Intake Center responsible for the and oversight of the EHEAEP program. and the AAA that is responsible for management �'•" If. Under this Agreement, the Intake Center agrees to the foflo wing; A. To accept referrals at large from an elderly individuals in th energy emergency e communit e• To provide quality service($) to the EHEAEP C• To obtain all documentation required under EHEA Y ex periencing an applicant. energy crisis exists and that the applicant meets all EP guidelines i order to establish that an E. To forNard all ,n orAm3tionPl^ ined and ary required doc ant's confidentiality p d,� eligibil tY equirements. �• To maintain the EH Coordinator at tip - bra 9 to 4? CF,4 .t31. A►lia for to urrp 301. G ro �dherp to •hp r, Agin Elder Hetoline for ,h m3r� dh rquirerrerts and the or cas3 aporoval 3rd r ° A cH ROIIC gs and r•c A Or�sS'rg � csduros , ���thr�d � II. Jndgr this .agreement. the area Agency on Aging agrees to he follo•.ving• _ _•� _� •i � } ���rrlZ /13� �- i'9' �� I'/• rermination 'n tt�e e', ent this a res g n'ent is terminated, :hs ke Certer 3 ry to terminat is deli,ered, a Flan fnta r rich ' A nt►l�e interrupted .�r sus � 'd_ g _es to submit, at t!^q p_nded by the lermir s procedures to ensure t ' T ° no! ca of 1n� anon. a sen,iCes 00 con sumers y,• A. Termination at ►.Y111 rhi3 agreement may be terminated b notice, without cause, unless a lesser time is mutually ag reed Said notice shall be delivered b y any party upon no less than thirty of delivery. Y certified mail return recei pt r equeste d eed upon b rY (30) calendar days d both pars Vj w B• ' °r'n person w►th proof Termination for Breach Unless a breach is waived b y h within the time specified by he area age agency in writin parties, terminate the agreement upon n l than twen • or the four de` may. rail to cure the breach shall s, delivered by certified mail, return o r ecei pt l the area agency ma ' by written notice to the . or In person with proof requested hours notice Said notice delive o / In witness whereof, the parties have caused this Page agreement officials as duly authorized. 2 pa nt to be executed by their undersigned Area Agency on Agin r,' VIP' Nwo Otfnl ram. 1.11* Intake Center f�Q�.IY ►. OAnf naT� ( Pt, , u 01. 7 V f Ali\ s , tatlon Key, FL 33070 eat. 1]f. '�0'►RrECowyrr s .s�og TT - 1 - 04 �ApIEI r� iro- S�'Z.ar►vEA `Urr0.v ;1 ,) ATTACHMENT S OUTREACH OFFICES The following Outreach Offices provide LIHEAP services: Lower Keys The Historic Gato Cigar Factory 1100 Simonton Street, Suite 1 -200 Key West, Florida 33040 305- 292 -4408 (phone) 305- 295 -4376 (fax) County Served: Monroe County Current staff: 2 Full time Case Managers, Administrative Assistant Case Manager Supervisor, Grants Coordinator and Social Services Director Office hours: Monday through Friday, Sam to 5pm. Middle Keys Marathon Government Annex 490 63' Street Ocean, Suite 190 Marathon, Florida 33050 305- 289 -6016 (phone) 305- 289 -6317 (fax) County Served: Monroe County Current staff. Staff Assistant/intake specialist and Case Manager Office hours: Monday through Friday, Sam to 5pm. Upper Keys Plantation Key Government Center 88770 Overseas Highway, Suite #1 Tavernier, Florida 33070 305- 852 -7125 (phone) 305- 852 -7159 (fax) County Served: Monroe County Current staff Staff Assistant/intake specialist and Case Manager Office hours: Monday through Friday, Sam to 5pm. 65 ATTACHMENT T WRITTEN COST ALLOCATION PLAN Attached please find Monroe County Social Services Written Cost Allocation Plan for the administering of the Low Income Home Energy Assistance Program (LIHEAP). off $1 Monroe County Social Services Written Allocation Plan Below is a detailed explanation of Monroe County Social Services Cost Allocation Plan for the LIHEAP Contract Year 2014 -2015. Administrative Expenses: (Salaries and fringe benefits) These expenses consist of salaries of the SR. Social Services Director and Compliance Mangaer. The budgeted allocations are based on an employee's Personnel Action Form (PAF) which specifies the percentage of time each employee spends performing the work of a particular grant or program. Each employee also completes a "Personal Activity Sheet" each week which reflects the number of hours the employee dedicates to different programs. The Director and Compliance Manager are not 100% dedicated to LIHEAP, but spread across different grants and revenue funds. These percentages allocated to LIHEAP were developed utilizing a cost analysis, historical data, recurring Unit Cost Methodologies and taking into account program requirements. Salary expenses which includes fringe benefits total: $12,750.00 Other Administrative Expenses: (travel, training conference, phone, postage, printing, Xerox, Maintenance agreement for LIHEAP database software and office supplies). These expenses are based on prior actual historical cost of the items utilized to run the program efficiently. Other Administrative Expenses total; $4,544.00 Total Administrative Expenses: $ 17,294.00 Outreach Expenses: (Salaries and fringe benefits) These expenses consist of salaries for a full time Case Manager spending 20% of their time performing outreach, intake and eligibility determination. The Case Manager is a full time employee with full benefits. The other 80% of their time is dedicated to Welfare and paid out of the General Revenue Fund. Salary expenses for case manager total: $12,529.00 67 Other outreach expenses consist of two staff assistant/intake specialist in two separate outreach offices. These individuals work 40 hours per week with full Benefits, but only expend 15% of their time performing LIHEAP outreach duties. These duties would include setting up appointments, intake, applications and referrals. These budgeted allocations are also based on an employee's Personnel Action Form (PAF) which specifies the percentage of time each employee spends performing the work of a particular grant or program. Each employee also completes a "Personal Activity Sheet" each week which reflects the number of hours the employee dedicates to different programs. The Staff Assistants are not 100% dedicated to LIHEAP and work the remaining 75% under the General Revenue Funds in the department of Welfare. These percentages were developed utilizing a cost analysis, historical data, recurring Unit Cost Methodologies and taking into account program requirements. Outreach salary expenses for 2 staff assistant/intake specialist total: $12,380.00. Additional outreach expenses consist of travel performed by the case manager and staff assistants for needed home visits for eligible clients. Travel expenses for 1 person to attend the annual FACA training conference for ongoing LIHEAP training. Also included are miscellaneous expenses consisting of consumable office supplies and materials. Total Outreach expenses: $27,925.00 Other indirect expenses such as office space, Financial Audits, vehicle maintenance and fuel for vehicles are donated/in kind items that are provided via Monroe County BOCC General Revenue Funds. Implementation, oversight and periodic quarterly review of allocation plan are completed by the Compliance, the Social Services Director and further internal auditing by our Clerk of the Courts Fiscal department. M: MINUTES OF THE NIONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Thursday, January 16, 2014 Kev West, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner George R. Nugent and Mayor Pro -Tern Danny Kolhage. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Amy Heavilin, County Clerk; Vitia Fernandez, Deputy Clerk, County Staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS, DELETIONS Item A A motion was made by Commissioner Neugent and second by Commissioner Carruthers granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OF AWARDS Item BI Presentation of Years of Service Award for 15 years of service to Monroe County to John Kipp, Senior Technician Maintenance, Facilities Maintenance, Public Works & Engineering Division. BULK APPROVALS Motion was made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval of the Bulk Approvals. Motion carried unanimously. Item CI Board granted approval to advertise a Solicitation for Proposals for a Provider to conduct an evaluation of services, programs and communications and to develop a Monroe County Americans with Disabilities Act Transition Plan. ItemC2 Board granted approval to advertise a Solicitation for Proposals for a Provider to serve as an Employee Assistance Program, to provide confidential counseling services to employees and their dependents in the lower, middle and upper keys, and also to provide educational group seminars and orientation group sessions. Item C3 Board granted approval of a Workers' Compensation settlement in the amount of $75,000.00 for JCC Case No.: 13- 029166RDIv1, Page 1 1�11/16/ _ - - - — � - - -- Item C26 Board Granted approval to ratify a Contract with American Bridge Company in the amount of $90,865.50 for the No Name Key Bride Emergency Repairs project. Item C28 Board granted approval of receipt of monthly report on Change Orders reviewed by the County Administrator's Office. Item C30 Board granted approval of the Low Income Horne Energy Assistance Program Federally Funded Sub grant Agreement Number 14 EA- OFll -54 -01 -019 between Monroe County Board of County Commissioners (Community Services /Social Services) and the State of Florida, Department of Economic Opportunity for the provision of funds to pay electric bills for low income clients. Item C31 Board granted request approval of Amendment to Agreement between the Board of County Commissioners and GA Food Services, Inc., which renews the Agreement for the Znd and final renewal year at a price of $3.64 per meal and provides an updated Supply List. Item C32 Board granted approval of a correction due to a scrivener's error in Amendment 005 and Amendment 006 to the Contract between Hospice of the Florida Keys, Inc., dba Visiting Nurses Association and the Monroe County BOCC /Monroe County Social Services AND direction to the Clerk of Courts to place a memo in the official records acknowledging the correction. Item C33 Board granted approval to advertise a Public Hearing for a Budget Amendment for the Infrastructure Sales Surtax 2007 Revenue Bond, Fund 308. Item C34 Board granted approval of First Amendment of Langan Engineering Environmental, Inc. contract, amending price list for biannual surface water testing/monitoring. The only landfill to be tested will be Cudjoe. Cost to the County will be $6,850 per year, for a total of $43,320 as amended. TOURIST DEVELOPMENT COUNCIL Item D1 Board granted approval of an Amendment to Agreement with Florida Keys Community_ Concert Band, Inc. covering the Pops in the Park to revise Exhibit C — Schedule of Events. Item D2 Board granted approval of an assignment of a Destination Event Funding Agreement for the Heroes Welcome Weekend from BH /NV Hawk's Cay Property Holdings, LLC, d.b.a. Hawk's Cay Resort to Keys Hotel Operator, Inc. d.b.a Hawk's Cay Resort. Item D3 Board granted approval of an Amendment to a Fishing Agreement with Saltwater Fishing Connection LLC to revise the name of the lslamorada All Tackle Bonefish World Championship to Islamorada Fall All Tackle Bonelsh and Permit Championship, and amend the invoice submission date to January 31, 2014. - -- — Page 5 1/16/2014 ATTACHMENT U CENTRAL CONTRACTOR REGISTRATION The following pages (70 -73) contain the print screen of the CCR Registration for Monroe County Board of County Commissioners. .• 1lJM13 f)ur1:v of rdOIINOF f?UPL�. V38,6/57 CAGI Codc: 3C1L4 e Active Entity Record System for Award Managen1Bnt 11.00 SIMONTON ST RM 2 -205 KEY WEST, FL, 33040-3110, UNITED STATES Entity Record Please see below for the entire Entity Registration record. If you would like have a copy of this list please use the Print button. Current Record DUNS Number: D&B Legal Business Name: Doing Business As: core Data 073876757 COUNTY OF MONROE (none) Business >!k TIItI Information: Business Information: Business Start Date: 07/02/1823 Fiscal Year End Close Date: 09/30 Company Division Name: Office of Management and Budget Company Division Number: Corporate URL: http: / /www.monroecounty -fl.gov Congressional District: 26 Registration Date: 01/06/2003 Activation Date: 08113/2013 Expiation Date: 08/13/2014 Renewal Date: 08/13/2013 Physical Address: Address Line: 1100 SIMONTON ST RM 2 -205 City: KEY WEST State /Province: FL Country: UNITED STATES ZIP /Postal Code: 33040 -3110 Mailing Address: Address Line: 1100 SIMONTON STREET City: KEY WEST State /Province: FL Country: UNITED STATES ZIP Postal Code: 33040 -3110 CAGE/NCAGE Code CAGE: 3C1Z4 General Information Country of Incorporation: State of Incorporation: Business Types For more information on an entity's socio - economic status please see SBA's Dynamic Small Business Search. Government Type County US. Local Government Entity Structure U.S. Government Entity Entity Type US Local Government Purpose of Registration hMrx / A......0 ^mnrtL•K�• I /n�Niticel��n T �. _��� /dnco P IHPNI, r . 1lJ:il)/1J Federal Assistance Awards Other Governmental Entities Housing Authorities Public/Tribal Planning Commission Airport Authority Transit Authority System for Award Management Flnancisl Information Do you accept credit cards as a method of payment? 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IBM v1.1425.20131220 -1428 WWWI ® 'USA.gpv,. httnc• /hwuNeamnmArwtal /rvjHirJ SAM /7rvvt tntlt�frlfLriRlf�frlh4'�o n,o, rnc� c a.�co ..�.. _ ;, a • .,r.� .. _ incN„c� rfYlAL1Y nA