1st Modification 09/17/2014 KiS
' LIHEAP ¶ ORIGINAL AGREEMENT NO: I4EA-OF-11-54-01-019
s MODIFICATION NO: OOL FULLY
MODIFICATION NUMBER ONE OF AGREEMENT BETWEEN THE EXECUTED
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
LOW INCOME HOME ENERGY ASSISTANCE PROGRAM
AND
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
This Modification is made and entered into by and between the State of Florida, Department of
Economic Opportunity, with headquarters in Tallahassee, Florida, hereinafter referred to as "DEO", and
Monroe County Board of County Commissioners hereinafter referred to as"Recipient"(each individually
a "Party' and collectively "the Parties"), to modify DEO Agreement Number 14EA-OF-11-54-01-019
hereinafter referred to as the"Agreement."
WHEREAS, Section (4)of the Agreement provides that modification of the Agreement shall be in
writing executed by the Parties thereto;and
WHEREAS,the Parties wish to modify this Agreement as set forth herein;
NOW,THEREFORE, in consideration of the mutual covenants and obligations set forth herein,
the receipt and sufficiency of which are hereby acknowledged,the Parties agree to the following:
1. Section (5), RECORDKEEPING is hereby amended to add the following:
(h) Representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General
-- of the State of Florida, the Florida Office of Program Policy Analysis and Government
Accountability, or representatives of the federal government and their duly authorized
representatives shall have access to any of Recipient's books,documents,papers,and records,
including electronic storage media, as they may relate to this Contract, for the purposes of
conducting audits or examinations or making excerpts or transcriptions.
(i) Recipient will provide a financial and compliance audit to DEO, if applicable, and ensure that
all related party transactions are disclosed to the auditor.
2. Section (5)(b) is hereby modified to add the following:
4. Recipient shall cooperate with DEO to facilitate the duplication and transfer of such records or
documents upon request of DEO. Additional federal requirements may be identified in
Attachment 1,Scope of Work, of this Agreement.
—3_ -Section (14)(b) is hereby modified to read as follows:
(b) The name and address of the DEO contract manager for this Agreement is:
Gerald Durbin, Grant Manager
Department of Economic Opportunity
Division of Community Development
Bureau of Community Assistance
107 East Madison Street, MSC-400
Tallahassee, Florida 32399-4120
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Phone:850-717-8458
Email:gerald.durbin@deo.myflorida.com
4. Section(18)(a) is hereby modified to read as follows:
(a) This is a cost-reimbursement Agreement. Recipient shall be reimbursed for costs incurred in
the satisfactory performance of work hereunder in an amount not to exceed $233,266,
subject to the availability of funds and appropriate budget authority.The Recipient is
authorized to incur costs in an amount not to exceed $233,266 until further notification is
received by DEO. As funds and budget authority are available,changes to the costs Recipient
may incur will be accomplished by notice from DEO to Recipient's contact person identified
in Attachment I, Recipient Information.The terms of this Agreement shall be considered to
have been modified to allow Recipient to incur additional costs upon the Recipient's receipt
of the written notice from DEO.
This revised contract amount includes:
A. $203,466 Current LIHEAP Allocation (FY 2014-2015)
B. $ 29,800 FY14-15 Base Increase (includes FY13 Carryover)
C. $233,266 Total Modified LIHEAP Allocation
5. Section(18)(e) is hereby modified to read as follows:
(e) If Recipient receives an advance, Recipient shall expend 90%of the amount of the advance
every two months, beginning with the first month of reported expenditures. DEO shall track
Recipient's expenditures and may reduce reimbursements if expenditures fall below 90%.
6. Section (18), FUNDING/CONSIDERATION is hereby amended to add the following:
(f) Recipient and its subcontractors may only expend funding under this Agreement for
allowable costs resulting from obligations incurred during the Agreement period.
(g) Recipient shall refund to DEO any balance of unobligated funds which has been advanced or
paid to Recipient.
(h) Recipient shall refund to DEO all funds paid in excess of the amount to which Recipient or its
subcontractors are entitled under the terms and conditions of the Agreement.
7. Section(20)(f) is hereby modified to add the following:
Recipient affirms that it is aware of the provisions of section 287.133(2)(a), F.S.,and that at no
time has Recipient been convicted of a Public Entity Crime. Recipient agrees that it shall not
violate such law and further acknowledges and agrees that any conviction during the term of
this Agreement may result in the termination of this Agreement in accordance with section
287.133(4), F.S..
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8. Section (20)(1) is hereby deleted in its entirety and replaced with the following:
Recipient shall include the requirements of Section 5, RECORDKEEPING and Section 7, AUDIT
REQUIREMENTS in all approved subcontracts and assignments.
9. The following is added as Section (25), EMPLOYMENT ELIGIBILITY VERIFICATION:
1. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO
contracts in excess of nominal value to expressly require Recipient to:
a. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by Recipient during the Agreement
term;and,
b. Include in all subcontracts under this Agreement, the requirement that subcontractors
performing work or providing services pursuant to this Agreement utilize the E-Verify
system to verify the employment eligibility of all new employees hired by the
subcontractors during the term of the subcontract.
2. E-Verify is an Internet-based system that allows an employer, using information reported on
an employee's Form 1-9, Employment Eligibility Verification,to determine the eligibility of all
new employees hired to work in the United States after the effective date of the required
Memorandum of Understanding (MOU); the responsibilities and elections of federal
Recipients, however,may vary,as stated in Article II.D.1.c. of the MOU. There is no charge to
employers to use E-Verify. The Department of Homeland Security's E-Verify system can be
found at:
http://www.dhs.gov/files/programs/gc 1185221678150.shtm
3. If Recipient does not have an E-Verify MOU in effect, Recipient must enroll in the E-Verify
system prior to hiring any new employee after the effective date of this Agreement.
10. The following provision is added as Section(26), DISCRIMINATORY VENDOR:
Recipient affirms that it is aware of the provisions of section 287.134(2)(a), F.S. and that at no
time has Recipient been placed on the Discriminatory Vendor List. Recipient further agrees that
it shall not violate such law during the term of this Agreement.
11. The following provision is added as Section (27), PAYMENT AND DELIVERABLES:
Recipient shall be reimbursed monthly for expenditures reported on its Monthly Financial Status
Report as described in Attachment C, Reports. Reimbursement shall be determined by successful
completion of Deliverables on a quarterly basis.
(a) "Deliverables" are defined as the expected total number of benefits to be provided as
identified in Attachment J, Budget Summary, Workplan and Deliverables. Deliverables shall
be reported monthly on Recipient's Financial Status Report as described in Attachment C,
Agreement Modification
Page 3 of 6
Reports.
(b) Successful completion of the Deliverables shall be determined by the percentage of benefits
provided per quarter as compared to the expected total number of benefits to be provided.
The ending dates of the quarters are June 30,September 30, December 31,and March 31.
1. As of June 30, Recipient shall have provided, at a minimum, 10% of the overall
expected number of benefits to be provided.
2. As of September 30, Recipient shall have provided, at a minimum,40%of the overall
expected number of benefits to be provided.
3. As of December 31, Recipient shall have provided, at a minimum, 60%of the overall
expected number of benefits to be provided.
4. As of March 31, Recipient shall have provided, at a minimum, 80% of the overall
expected number of benefits to be provided.
(c) Recipient shall provide an explanation, acceptable to DEO, each time the minimum
percentage stated above for each quarter is not successfully completed.
(d) In the event DEO determines Recipient has not successfully completed the deliverables, DEO
shall withhold payment until the deliverable is deemed acceptable.
12. The following provision is added as Section (28), FINANCIAL CONSEQUENCES:
(a) If Recipient fails to submit an explanation as stated in Section (27)(c) above, or in the event
DEO rejects the explanation provided, Recipient shall pay to DEO financial consequences for
such failure, unless DEO waives such failure in writing based upon its determination that the
failure was due to factors beyond the control of Recipient.
1. DEO shall notify Recipient if an explanation is required. Recipient has five (5)days from the
date of notification to submit the explanation.
(i) If an explanation is not received within the five (5) days provided in
subsection 1. above, then financial consequences shall be assessed in
accordance with subsection 2., below.
(ii) If Recipient's explanation is deemed unacceptable by DEO, Recipient has
five (5) days from the date of notification of such failure to cure by
submitting an explanation deemed acceptable by DEO. If Recipient's
explanation is not received or deemed unacceptable by DEO, then the
financial consequences shall be assessed in accordance with subsection
2., below.
2. In the event financial consequences are assessed in accordance with this Section,they shall
be assessed as follows: $10.00 per day,up to a maximum of$100.00, until the explanation
is received and accepted by DEO.
(b) Any amounts due under this financial consequence shall be paid by Recipient out of non-
federal funds.
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13. Attachment I, Recipient Information, is hereby deleted in its entirety and replaced with Amended
Attachment I (if applicable).
14. Attachment 1, Budget Summary and Workplan,is hereby deleted in its entirety and replaced with
Amended Attachment J, Budget Summary,Workplan and Deliverables.
15. Attachment K, Budget Detail, is hereby deleted in its entirety and replaced with Amended
Attachment K.
16. Attachment L, Multi-County Fund Distribution, is hereby deleted in its entirety and replaced with
Amended Attachment L(if applicable).
17. All provisions of the Agreement being modified and any attachments thereto in conflict with this
Modification shall be and are hereby changed to conform with this Modification, effective as of
the date of the last execution of this Modification by both parties.
18. All provisions not in conflict with this Modification remain in full force and effect, and are to be
performed at the level specified in the Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Agreement Modification
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STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUBGRANT AGREEMENT MODIFICATION
SIGNATURE PAGE
IN WITNESS WHEREOF,the Parties have executed this Modification by their duly authorized
officers on the day, month and year set forth below.
RECIPIENT STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
Monroe County Board of County Commissioners
(Type Leg.�:me of41
B v�. _ / //
Si via_ us poky William B. Killingsworth, Director
(fype Name and Title Hefe) Division of Community Development
Date:.tenter IV". DvItt Date: 4149)(y
59 — G 000'14 9 Approved as to form and legal
Federal Identification Number sufficiency, subject only to full and
proper execution by the Parties.
o73t3'i6757
DUNS* Number Office of the General Counsel
Department of Economic Opportunity
*Data Universal Numbering System
By: /t
MON 0 COU T,ORNEY
y 0
P VED RM Approved Date: 0 1 / 2([, lip/4
PEDRO . '
Nip A7/�RNEV
Date 82."1//y
1
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Agreement Modiflcano .
Page 6 of 6 ., i ,J
FY2014 LIHEAP AGREEMENT
AMENDED ATTACHMENT I
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
II. Agreement Amount: $233,266.00 Total Direct Client Assistance: j /Q/s V Ly,b o AIR
III.RECIPIENT CATEGORY: EINon-ProfitLocal 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: SHERYL GRAHAM
Address: 1100 SIMONTON ST SUITE 2-257 City: KEY WEST ,FL Zipcode: 33040
Telephone: 305-292-4511 Fax: 305-295-4359
Cell: Email: graham-shcryl a,monniccounty-fl.gov
Mailing address if different from above
Mailing Address: same City: ,FL Zipcode:
c. Chief Elected Official for Local Governments or President/Chair of the Board for Nonprofits:
Name: SYLVIA MURPHY Title: COUNTY MAYOR
Address*: 102050 0/S HWY SUITE 234 City: KEY LARGO ,FL Zipcode: 33037
Telephone: 305-453-8787 Fax: Email: Murphy-sylviiimonroecounty-fl.gov
*Enter home or business address,telephone numbers and email other than the Recipient's
d. Official to Receive State Warrant:
Name: AMY HEAVILIN Title: DEPUTY CLERK
Address: 500 WI-HITEHEAD STREET City: KEY WEST ,FL Zipcode: 33040
e. Recipient Contacts
1. Program; Name: SHERYL GRAHAM Title: SR SOCIAL SERVICES DIRECTOR
Address: '1100 SIMONTON ST SUITE 2-257 City: KEY WEST ,FL Zipcode: 33040
Telephone: 305-295-4511 Fax: 305-2954359
Cell: Email: graham-shcryl@monroccounty-fl.gov
2. Fiscal: Name: AMY HEAVILIN Title: DEPUTY CLERK
Address: 500 WHITEHEAD STREET City: KEY WEST ,Fl. Zipcode: 33040
Telephone: 305-292-3560 Fax:
Cell: Email: arnyheavilinQmonroc-cicrk.com
f. Person(s)authorized to sign reports:
Name: SHERYL GRAHAM Title: SR SOCIAL SERVICES DIRECTOR
Name: KIM W WEAN Title: COMPLIANCE MANAGER
Name: Title:
g. Recipient's FEID Number: 59-6000749 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
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FY 2014 LIHEAP AGREEMENT
AMENDED ATTACHMENT J
BUDGET SUMMARY,WORKPLAN AND DELIVERABLES
FOR DEO USE ONLY
Recipient MONROE COUNTY BOCC Mod No:
FS Reviewed:
Agreement#: 1 4EA-0E-11-54-01-019 FS Rev.Date:
SECTION I:BUDGET SUMMARY
A. B. C. D.
TOTAL
LIHEAP FUNDS ONLY Last Approved Increase/Decrease Modified
Budget to Budget Budget
Amount - B+C
1 TOTAL FUNDS 203,466.00 29,800.00 233,266.00
ADMINISTRATIVE EXPENSES (Cell 2D cannot exceed 8.5%of Cell 1D)
Maximum Administrative Expenses: $19,827.61 I
2 Salaries inch Fringe,Rent,Utilities,Travel,Other 17,294.00 2,533.00 19,827.00
OUTREACH EXPENSES (Cell 3D cannot exceed Cell ID minus Cell 2D times.15)
Maximum Outreach Expenses: I $32,015.85
3 Salaries ind Fringe,Rent,Utilities,Travel,Other 27,925.00 4,090.00 32,015.00
DI' 7 c
Home Energy Assistansce
4 Cell4D must be at kart 25%of Cell 1 D 62,500.00 9,950.00 72,450.00
Minimum Home Energy:I $58,316.50
5 Crisis Assistance 91,260.00 11,445.00 102,705.00
Weather Related/Supply Shortage/Disaster
•
6 Cell6D must be at kart 2%of Cell 1 D 4,487.00 1,782.00 6,269.00
Minimum Weather Related:I $4,665.32
Subtotal Direct Client Assistance 158,247.00 23,177.00 181,424.00
(Line 4+Line 5+Line 6)
8 GRAND TOTALS 203,466.00 29,800.00 233,266.00
SECTION II.WORKPLAN AND DELIVERABLES
Last Approved #of Households Amended Estimated
Estimated Number of REPORTED as of Estimated Cost Per Amended Estimated
Type of Assistance Benefits to be most recent Quarterly Number of Benefits to be Benefit** Expenditures***
Provided Report Provided
Summer Home Energy 125 43 240 175.00 42,000.00
Winter Home Energy 125 0 203 150.00 30,450.00
Summer Crisis 201 113 245 205.00 50,225.00
Winter Crisis 151 0 256 205.00 52,480.00
Weather Relataed/Supply Shortage/Disaster 16 0 25 250.00 6,250.00
TOTAL 618 156 %9 181,405.00
*If less than 8.5%of Line 1 is budgeted for Administrative Expenses,the maximum allowed for Outreach Expenses may be increased. The total Administrative Expenses plus
the total Outreach Ex. uses ma not exceed the sum of the o: maximum allowed for these items.
Total of Line 2 plus Line 3 may not exceed: 551,843.46 Amount budgeted Line 2+Line 3= $51,842.00
**Estimated Cost per Benefit must be based on the agency's historic average cost or an explanation provided.
***Estimated Expendiuucs must agree with the corresponding values on Lines 4-7.
FY 2014 LIHEAP AGREEMENT
AMENDED ATTACHMENT K
ADMINISTRATIVE AND OUTREACH EXPENSE BUDGET DETAIL(Lines 2-3)
Recipient; AIONIHII'.Ci 11IN1Y BO(X_ Agreement#: II-.FUPJI 54 n1-019
pa.m dark,LS,and ue.11 "Nudge,Dee
(mL Expenditure Detail
.Le, Ills Wi.rN ,$
Numbs mrrcnd an tine ucrm ru aWiM.. Un nut(Jre ccn' aenmN,In totals 'I talc HI:slat:me with \mrnJn \n.LM1m.nr
ADMINISTRATIVE EXPENSES'.
salary:Sr.Director 4,900 W
10%LIHEAP,15%CCE,20%MCT.4%C1.4%C2,2T%GENERAL REVENUE,20%WAP
104 HRS X$47.12MR LOADED WITH FRINGE
salary:Sr.Compliance Manager p 435 rx,
12%LIHEAP,40%CCE.5%MCT.5%ADI,5%CODA,5%Cl,5%C2.23%GENERAL REVENUE
250 HRS X$37 74/HR LOADED WITH FRINGE
MISC-OTHER: 4. 4±CXl
1)PHONE,POSTAGE,FREIGHT- 242
2)PRINTING AND BINDING SUPPLIES- 500
3)OFFICE SUPPLIES 500
4)OPERATING SUPPLIES 500
5)RENTAL/COPIER 500
6)MAINTENANCE AGREEMENT 2500
(annual tee for maintaining internal data client tracking system)
TRAVEL: 3 person to the Annual FACA training conference(airfare,meals,per diem) Sn Orr
TOTAL ADMINISTRATIVE EXPENSES /9,827,,00
3 OUTREACH EXPENSES
salary:FULL TIME CASE MANAGER(INTAKE.ELIGIBILITY) 12 530 1P
20%LIHEAR 80%GENERAL REVENUE
416 HRS X$30.12/HR LOADED WITH FRINGE
salary:STAFF ASSISTANTS(TWO INTAKE.ELIGIBILITY) $8253.00 x 2 employees I(, c'nn
20%LIHEAP, 80%GENERAL REVENUE
416 HRS X$19.84/HR LOADED WITH FRINGE
TRAVEL:1000 MILES X$445/PER MILE(estimated local mleage) RS nu
TRAVEL. 1 person to the Annual FACA training conference(airfare,meals,per them) I nur xr
Other(consumable office supplies such as postage for mall outs,equipment) 133 Im
TOTAL OUTREACH EXPENSES 32,015.00
DIRECT CLIENT ASSISTANCE: 181.424.00
4 HOME ENERGY -2Surm
CRISIS I,Is2,-H5F,,
WEATHER n_n hxr
n.Ised L.. ;I'_?:Iy � 1
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FY 2014 LIHEAP AGREEMENT
AMENDED ATTACHMENT L
MULTI-COUNTY FUND DISTRIBUTION
Recipient: MONROE COUNTY BOCC
Agreement#: 14EA-OF-11-54-01-019
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.
US CENSUS 2010
Data Source and
Description:
TOTAL DIRECT %OF AGENCY'S
COUNTY'S% CLIENT DIRECT CLIENT
COUNTY 150%POVERTY OF POVERTY ASSISTANCE ASSISTANCE
POPULATION*` POPULATION IN $181,424.00 DOLLARS
SERVICE AREA COUNTY ALLOCATED TO
ALLOCATION THIS COUNTY
MONROE 16.7 100% I 181,424.00 I 100.0%
I
Total Budgeted Direct
16.7 100% 181,424.00 100.0%
Client Assistance*
* Allocation must be equal to Amended Attachment J,Budget Summary,Workplan and Deliverables,Line 7.
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