02/10/2016 AgreementAMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE. March 11, 2016
TO: Sheryl Graham, Director
FROM. • Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller
At the February 10, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of the following items:
Item C 12 Approval of Federally -funded reoccurring Low Income Home Energy Assistance
Program (LIHEAP), Subgrant Agreement # 16EA-OF-11-54-01-019 between the State of Florida,
Department of Economic Opportunity (DEO) and Monroe County Board of County Commissioners
(BOCC)/Monroe County Social Services for the contract period of 3/1/16 to 3/31/17, in the amount
of $199,740.
The enclosures are not fully executed; it must be signed by the Department of Economic
Opportunity and forward to the Clerk for finalization.
Item C 13 Approval of Amendment #001 to Standard Contract AA-1629, Older Americans Act
(OAA) between the Alliance for Aging, Inc. (AAA) and the Monroe County Board of County
Commissioners (Monroe County Social Services/In Home and Nutrition Programs) for the current
contract period of 1/1/2016 to 12/31/2016.
The enclosures are not fully executed; it must be signed by Alliance for Aging, Inc. and forward
to the Clerk for finalization.
Enclosed are three (3) duplicate originals of the above mentioned for your handling. Should you have
any questions, please feel free to contact me.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax., 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax. 305-189-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
STATE OF FLORIDA ORIGINAL
DEPARTMENT OF ECONOMIC OPPORTUNITY
CFDA Number: 93.568 Agreement Number: 16EA-OF-11-54-01-019
FEDERALLY FUNDED SUBGRANT AGREEMENT
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)
THIS AGREEMENT is entered into between the State of Florida, Department of Economic Opportunity, with
headquarters in Tallahassee, Florida, hereinafter referred to as "DEO," and Monroe, County of, hereinafter referred
to as "Subrecipient" (each individually a "Party" and collectively "the Parties").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The U.S. Department of Health and Human Services (HHS) administers the LIHEAP program at the
Federal level, and distributes LIHEAP block grant funds to the States. The State of Florida has received these grant
funds from HHS.
B. DEO is the LIHEAP grantee Recipient agency for the State of Florida, designated by HHS to receive funds
annually for program purposes. DEO is authorized to distribute LIHEAP funds to the Subrecipient so that Subrecipient
may provide home energy assistance benefits to eligible households.
C. Subrecipient is qualified and eligible to receive these grant funds In order to provide the services identified
herein.
THEREFORE, DEO and Subrecipient agree to the following:
(1) SCOPE OF WORK
Subrecipient shall perform the work in accordance with Attachment A, Scope of Work, to this Agreement.
(2) INCORPORATION OF LAW RULES REGULATIONS AND POLICIES
Subrecipient and DEO shall be governed by all applicable State and Federal laws, rules and regulations,
including, but not limited to, those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement period will begin on March 1, 2016, and will end on March 31, 2017, 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. Except for Informal Modifications
submitted in accordance with Attachment B, modifications of provisions of this Agreement are valid only when
reduced to writing and duly signed by the Parties.
(5) AUDITS AND RECORDS
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(a) Subrecipient's performance under this Agreement is subject to the applicable requirements
published in the "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards,
2 Code of Federal Regulations (C.F.R.) Part 200, hereinafter referred to as the "Uniform Guidance". If this Agreement
is made with a commercial (for -profit) organization on a cost -reimbursement basis, Subrecipient will be subject to
the Federal Acquisition Regulations System particularly 48 C.F.R. § 31.2.
(b) Subrecipient shall retain all records pertaining to this Agreement, regardless of the form of the
record (e.g., paper, film, recording, electronic), Including, but not limited to financial records, supporting documents,
statistical records, and any other documents (hereinafter referred to as "Records") for a period of five State fiscal
years after all reporting requirements are satisfied and final payments have been received, or If an audit has been
initiated and audit findings have not been resolved at the end of this five-year period, the Records must be retained
until resolution of the audit findings through litigation or otherwise. Subrecipient shall cooperate with DEO to
facilitate the duplication and transfer of such Records upon request of DEO. The five-year period may also be
extended for the following reasons:
I. If any litigation or claim is started before the five-year period expires, and extends beyond the
five-year period, the Records must be retained until all litigation and claims involving the Records have been
resolved.
2. Records for the disposition of non -expendable personal property valued at five thousand dollars
and zero cents ($5,000.00) or more at the time it is acquired must be retained for five years after final disposition.
3. Records relating to real properly acquired must be retained for five years after the closing on
the transfer of title.
4. Any additional Federal requirements identified in Attachment A, Scope of Work, of this
Agreement.
(c) Subrecipient shall maintain all records for all subcontractors 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 as well as all other applicable
laws and regulations.
(d) Subrecipient shall give access to any of Subrecipient's records to 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 for the purposes of conducting audits, examinations, investigations, or making excerpts
or transcriptions.
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(e) Subrecipient 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.
(f) Subrecipient shall maintain books, records, and documents in accordance with generally accepted
accounting principles and practices which sufficiently and properly reflect all expenditures of funds provided by DEO
under this Agreement.
(g) Records pertaining to this Agreement must be available at reasonable times for Inspection, review,
or audit by State personnel and other persons authorized by DEO. "Reasonable" means normal business hours of
8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(h) If Subrecipient's expenditures of State financial assistance and/or Federal awards during its
applicable fiscal year(s) require it to conduct an audit in accordance with Exhibit 1 to this Agreement, such audit will
comply with all applicable requirements of Exhibit 1 to this Agreement, section 215.97, F.S., and the Uniform
Guidance as applicable, and Subrecipient shall ensure that all related party transactions are disclosed to the auditor.
(i) Subrecipient shall include the aforementioned audit and record -keeping requirements in all
subcontracts and assignments.
0) Subrecipient shall have each required audit completed by an independent certified public accountant
(IPA), either a certified public accountant or a public accountant licensed under chapter 473, F.S., and ensure that
all related party transactions are disclosed to the auditor. For the IPA's audit to be sufficient, it must state that the
Subrecipient complied with the applicable provisions noted in Exhibit 1 to this Agreement.
(k) The reporting packages for required audits must be timely submitted in accordance with the
requirements of Exhibit-1, Audit Requirements, of this Agreement and the applicable laws, rules and regulations
referenced therein. The requirements of 2 C.F.R. § 200.512, Report Submission, are applicable to audits of Federal
awards conducted in accordance with Subparagraph (5)(h) above.
(1) Subrecipient shall reimburse DEO if an audit shows that all or any portion of the funds disbursed
were not spent in accordance with the conditions of this Agreement and applicable regulations. The amount of
reimbursement will be equal to the amount of funds not spent in accordance with this Agreement. Subrecipient
shall send such reimbursement to DEO within thirty calendar days after DEO has notified Subrecipient of such non-
compliance.
(m) Within sixty calendar days of the close of Subrecipient's fiscal year, on an annual basis, Subrecipient
shall electronically submit a completed Audit Compliance Certification (a version of this certification is attached
hereto as Exhibit-2, Audit Compliance Certification, of this Agreement) to audit*Ddeo.myflorida.com. Subrecipient's
timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this
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requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of
agreement, economic incentive award agreements, etc.) between DEO and Subrecipient.
(6) INFORMATION RELEASE AND PUBLIC RECORDS REQUIREMENTS:
(a) In addition to Subrecipient's' responsibility to directly respond to each request it receives for records
made or received by Subrecipient in conjunction with this Agreement and to provide the applicable public records
in response to such request, Subrecipient shall notify DEO of the receipt and content of such request by sending an
e-mail to PRRequest@deo.myflorida.com within one (1) business day from receipt of such request.
(b) Subrecipient shall allow public access to all documents, papers, letters or other materials made or
received by Subrecipient in conjunction with this Agreement, unless the records are exempt from section 24(a) of
Article I of the State Constitution and section 119.07(1), F.S. For records made or received by Subrecipient in
conjunction with this Agreement, Subrecipient shall respond to requests to inspect or copy such records in
accordance with chapter 119, F.S. For ail such requests for records that are public records, as public records are
defined in section 119.011, F.S., Subrecipient shall be responsible for providing such public records per the cost
structure provided in chapter 119, F.S., and in accordance with all other requirements of chapter 119, F.S., or as
otherwise provided by law.
(c) DEO mayterminate this Agreement if Subrecipient refuses and/orfails to comply with Florida's public
records laws or to allow public access to any public record made or received by Subrecipient in conjunction with this
Agreement.
(d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in section 119.0701(1)(a),
F.S., Subrecipient shall transfer, at no cost to DEO, all public records upon completion or termination of this
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.
(e) Subrecipient shall notify DEO verbally within 24 hours and in writing within 72 hours if any data in
Subreciplent's possession related to this Agreement is subpoenaed or improperly used, copied, or removed (except
In the ordinary course of business) by anyone except an authorized representative of DEO. Subrecipient shall
cooperate with DEO, in taking all steps as DEO deems advisable, to prevent misuse, regain possession, or otherwise
protect the State's rights and the data subject's privacy.
(f) Subrecipient acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating to public
records and that reports, invoices, and other documents Subrecipient submits to DEO under this Agreement may
constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO regarding DEO's efforts to
comply with the requirements of chapter 119, F.S.
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(g) It is Subrecipient's duty to identify any records submitted by Subrecipient to DEO as confidential and
exempt from public disclosure if those records contain trade secrets or confidential proprietary business
information. Subrecipient waives any claim of exemption if Subrecipient fails to identify the legal basis for each
exemption from the requirements of chapter 119, F.S. prior to submitting any such record to DEO.
(7) EMPLOYMENT ELIGIBILITY VERIFICATION
(a) Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO's subgrant
agreements in excess of nominal value, if applicable, to expressly require Subrecipient to:
1. Utilize the U. S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by Subrecipient during this Agreement term; and,
2. 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 subcontractor during the term of the subcontract.
(b) 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 contractors, however, may vary, as stated In Article II.D.i.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.
(c) If Subrecipient does not have an E-Verify MOU in effect, Subrecipient shall enroll in the E-Verify
system prior to hiring any new employee after the effective date of this Agreement.
(8) REPORTS
Subrecipient shall provide DEO with all required reports as set forth in Attachment C to this Agreement.
(a) 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 such reports are completed or DEO may take other action as
stated in Paragraph (12) of this Agreement. "Acceptable to DEO," means that the reports were completed in
accordance with the Attachments of this Agreement.
(b) Subrecipient shall provide additional program updates, reports, and information as may be required
by DEO.
(9) MONITORING
(a) Subrecipient 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.
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(b) In addition to reviews of audits conducted in accordance with Paragraph (5) above, monitoring
procedures may include, but are not limited to, on -site visits by DEO staff, limited scope audits, and other
procedures.
(c) Subrecipient, and all subcontractors, shall comply with the most recent LIHEAP Program Monitoring
Field 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 Subrecipient is appropriate, Subrecipient shall
comply with any additional instructions provided by DEO regarding such review.
(d) Subrecipient shall comply and cooperate with any inspections, reviews, investigations or audits
deemed necessary by the Florida Chief Financial Officer or Auditor General.
(e) DEO will monitor the performance and financial management by Subrecipient throughout the
Agreement term to ensure timely completion of all tasks.
(10) INDEMNIFICATION: INDEPENDENT CONTRACTOR STATUS
(a) Unless Subrecipient is a state agency or subdivision, as defined in section 768.28(2), F.S.,
Subrecipient is fully liable for the actions of Its agents, employees, partners, or subcontractors and shall fully
indemnify, defend, and hold harmless the State and DEO, and their officers, agents, and employees, from suits,
actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to
personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by
Subrecipient, its agents, employees, partners, or subcontractors, provided, however, that Subrecipient has no
affirmative duty to indemnify for that portion of any loss or damages proximately caused by the negligent act or
omission of the State or DEO.
Any Subrecipient which is a State agency or subdivision, as defined in section 768.28(2), F.S., shall be
fully responsible for its negligent or tortious acts or omissions which result in claims or suits against DEO, and shall
be liable for any damages proximately caused by its acts or omissions to the extent set forth in section 768.28, F.S.
Nothing herein is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign
immunity applies. Nothing herein may 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.
(b) For purposes of this Agreement, Subrecipient is an independent contractor and is not an employee
or agent of DEO. DEO shall neither have nor exercise any control or direction 'over the methods by which
Subrecipient shall perform its work and functions other than as provided herein. Nothing in this Agreement is
intended to or may be deemed to constitute a partnership or joint venture between the Parties. Subrecipient shall
not represent to others that, as Subrecipient, it has the authority to bind DEO unless specifically authorized to do
so. Subrecipient shall act as necessary to ensure that each subcontractor is deemed to be an independent contractor
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and will not be considered or permitted to be an agent, servant, joint venturer, or partner of DEO or the State of
Florida. DEO shall not be responsible for withholding taxes with respect to Subrecipient's compensation hereunder.
Subrecipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security,
workers' compensation, health or disability benefits, reemployment assistance benefits, or employee benefits of
any kind. Subrecipient shall ensure that its employees, subcontractors, and other agents, receive benefits and
necessary insurance (health, workers' compensation, reemployment assistance benefits) from an employer other
than the State of Florida. Subrecipient, at all times during the Agreement, must comply with the reporting and
Reemployment Assistance contribution payment requirements of chapter 443, F.S.
(11) DEFAULT
If any of the following events occur ("Events of Default"), DEO.shall have the right to terminate further
payment of funds under this Agreement, 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 Subrecipient in this Agreement, or any previous
agreement with DEO is, or becomes, false or misleading in any respect, or if Subrecipient fails to keep or perform
any of the 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 Subrecipient at any time during the
term of this Agreement, and Subrecipient 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; or
(d) If Subrecipient 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 Subrecipient, DEO may exercise any
one or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, if Subrecipient 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:
_, _..... __.._ _ --- Page 7
1. Request additional information from Subrecipient 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 Subrecipient to suspend, discontinue, or refrain from incurring costs for any activities in
question, or
4. Require Subrecipient 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.
Pursuing any of the above remedies will not limit any of DEO's other remedies, either 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 Subrecipient, 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 Subrecipient.
(13) TERMINATION
(a) DEO may terminate this Agreement for cause with thirty calendar days written notice. Cause
includes, but is not limited to: an Event of Default as set forth in Paragraph (11) of this Agreement, 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 Subrecipient to permit
public access to any document, paper, letter, or other material subject to disclosure under chapter 119, F.S., as
amended. The rights and remedies of DEO in this clause are in addition to any other rights and remedies provided
by law or under this Agreement. Subrecipient shall not be entitled to recover any cancellation charges.
(b) DEO may terminate this Agreement for convenience or when it determines, in its sole discretion,
that continuing this Agreement would not produce beneficial results in line with the further expenditure of funds,
by providing Subrecipient with thirty calendar days prior written notice. Subrecipient shall not furnish any product
after it receives the notice of termination, except as necessary to complete the continued portion of this Agreement,
if authorized in writing. Subrecipient shall not be entitled to recover any cancellation charges.
(c) The Parties may terminate this Agreement for their mutual convenience through a written
amendment. The amendment shall state the effective date of the termination and the procedures for proper
closeout of this Agreement.
(d) If DEO issues a notice of Event of Default, Subrecipient shall stop incurring new obligations upon
receipt of the notice. If DEO determines that Subrecipient has cured the Event of Default within the thirty -day cure
period, DEO will provide notice to Subrecipient that it may resume incurring new obligations. Costs incurred for new
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obligations after receipt of a notice of Event of Default and until receipt of notice that it may resume incurring new
obligations will be disallowed. If this Agreement is terminated by DEO because of Subrecipient's breach, such
termination shall not relieve Subrecipient of liability under this Agreement. DEO may, to the extent authorized by
law, withhold payments to Subrecipient for the purpose of set-off until the exact amount of damages due DEO from
Subrecipient is determined.
(14) NOTICE AND CONTACT
(a) All notices provided by Subrecipient under or pursuant to this Agreement shall be in writing to DEO's
Grant Manager and delivered by standard mail or electronic mail using the contact information provided in
Subparagraph 14(b) below.
(b) The name and address of DEO's Grant 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
Email: gerald.durbin@deo.myflorida.com
Phone: 850-717-8458
(c) The name and address of Subrecipient's Representative responsible for the administration of this
Agreement is stated in Attachment I of this Agreement.
(d) If 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
Subparagraph (14)(a), above.
(15) SUBCONTRACTS
(a) Subrecipient shall not subcontract any of the work required under this Agreement prior to receiving
DEO's confirmation that the proposed subcontract imposes the following requirements on subcontractor:
1. Subcontractor is bound by the terms of this Agreement, and each subcontract shall specifically
include the requirements set forth in Paragraph (5) of this Agreement.
2. Subcontractor is bound by all applicable State and Federal laws and regulations;
3. Subcontractor shall indemnify and hold DEO and Subrecipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent
allowed by law; and
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4. Subcontractor shall disclose to Subrecipient and DEO if it is on the Convicted Vendor List identified
in section 287.133(2), F.S., or the Discriminatory Vendor List identified in section 287.134(2), F.S.
(b) For each subcontract, Subrecipient shall provide a written statement to DEO as to whether that
subcontractor is a certified minority business, as defined in section 287.0943, F.S.
(c) In addition, prior to entering into a contract with any subcontractor to be paid with funds under this
Agreement, Subrecipient shall submit to DEO the completed Attachment G to this Agreement.
(16) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the Parties.
(17) ATTACHMENTS AND EXHIBITS
(a) All attachments and exhibits 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 and exhibits (check all that are applicable):
® Exhibit 1- Audit Requirements
® Exhibit 1-A — Funding Sources
® Exhibit 2 —Audit Compliance Certification
® Exhibit 3 — Federal Requirements
® 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 - Warranties and Representations
® Attachment G - Certification Regarding Debarment
® Attachment H —Trafficking Victims Protection Act of 2000
® Attachment I - Subrecipient Information
® Attachment J - Budget Summary, Workplan and Deliverables
® Attachment K — Budget Detail
® Attachment L — Multi -County Fund Distribution
® Attachment M - Justification of Advance Payment
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(18) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement agreement. DEO shall reimburse Subrecipient for costs incurred in the
satisfactory performance of work hereunder in an amount not to exceed One Hundred Ninety Nine Thousand Seven
Hundred Forty Dollars and Zero Cents ($199,740), subject to the availability of funds and appropriate budget
authority. Subrecipient is only authorized to incur costs in an amount not to exceed One Hundred Fifty One
Thousand Four Hundred Three Dollars and Zero Cents ($151,403), unless otherwise notified in writing by DEO to
Subrecipient's contact person identified in Attachment (Monroe, County of. Upon receipt of notification,
Subrecipient may incur costs not exceeding the amount set forth in the notification, subject to the terms of this
Agreement. Subrecipient shall use the Informal Modification process identified in Attachment B prior to any change
in the manner in which Subrecipient incurs costs under this Agreement, including, but not limited to, any changes
to Subrecipient's budget.
(b) Any advance payment under this Agreement is subject to section 216.181(16), F.S. The amount
which may be advanced may not exceed the expected cash needs of Subrecipient within the first three months of
the term of this Agreement. Any advance payment is also subject to the Uniform Guidance 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) Subrecipient shall expend an amount equal to or greater than the amount of the initial advance
within the first three months of the term of this Agreement. If Subrecipient has not expended an amount at least
equal to the initial advance by the end of the first three months of the term of this Agreement, Subrecipient shall
submit a written explanation to DEO.
(d) After any initial advance, payments will be made on a cost -reimbursement basis.
(e) 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 Budget, the State Chief Financial Officer, or under
Subparagraph (20)(f) of this Agreement, all obligations on the part of DEO to make any further payment of funds
shall terminate, and Subrecipient shall submit its closeout report within thirty calendar days of receiving notice from
DEO.
(f) Subrecipient and its subcontractors may only expend funding under this Agreement for allowable
costs resulting from obligations incurred during the Agreement period.
(g) Subrecipient shall refund to DEO any balance of unobligated funds which has been advanced or paid
to Subrecipient.
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(h) Subrecipient shall refund to DEO all funds paid in excess of the amount to which Subrecipient or its
subcontractors are entitled under the terms and conditions of this Agreement.
(19) REPAYMENTS
(a) 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), F.S., if a check, or other draft, is returned to DEO for collection,
Subrecipient shall pay to DEO a service fee of fifteen dollars and zero cents ($15.00) or five percent (5%) of the face
amount of the returned check or draft, whichever is greater.
(b) If Subrecipient's non-compliance with any provision of this Agreement results in additional cost or
monetary loss to DEO or the State of Florida, DEO may recoup that cost or loss from monies owed to Subrecipient
under this Agreement or any other Agreement between Subrecipient and any State entity. In the event that the
discovery of this cost or loss arises when no monies are available under this Agreement or any other Agreement
between Subrecipient and any State entity, Subrecipient will repay such cost or loss in full to DEO within thirty (30)
days of the date of notice of the amount owed, unless DEO agrees, in writing, to an alternative timeframe.
(20) MANDATED CONDITIONS AND OTHER LAWS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted, or provided, by Subrecipient in this Agreement, in any later submission
or 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 may, at the option of DEO, and within thirty calendar days written notice to Subrecipient,
cause the termination of this Agreement and the release of DEO from all its obligations under this Agreement.
(b) This Agreement is executed and entered into in the State of Florida, and shall .be construed,
performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida.
Each Parry shall perform its obligations herein in accordance with the terms and conditions of this Agreement.
Without limiting the provisions of Paragraph (11), Default, the exclusive venue of any legal or equitable action that
arises out of or relates to this Agreement shall be the appropriate State court in Leon County, Florida; in any such
action, the Parties waive any right to jury trial.
Page 12
(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 each of which shall be an original
and all of which shall constitute but one and the same instrument.
(e) Subrecipient shall comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C.
§ 12101, et_ sea.), and the Florida Civil Rights and Fair Housing Acts (sections 760.01— 760.37, F.S.), 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.
(f) The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and is subject to any modification in accordance with chapter 216, F.S.,
or the Florida Constitution.
(g) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient
for a proper pre -audit and post -audit thereof.
(h) Any bills for travel expenses shall be submitted in accordance with section 112.061, F.S.
(i) If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall be returned to DEO.
0) Subrecipient is subject to Florida's Government in the Sunshine Law (section 286.011, F.S.) with
respect to the meetings of Subrecipient'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, F.S.
(k) 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. §8302,
unless it would not be in the public interest or unreasonable in cost.
(1) DEO shall ensure compliance with section 11.062, F.S., and section 216.347, F.S. The use of funds
under this Agreement for the purpose of lobbying the Florida Legislature, the judicial branch, or any State agency is
prohibited pursuant to section 216.347, F.S. Subrecipient shall not, in connection with this or any other agreement
with the State, directly or indirectly: (1) offer, confer, or agree to confer any pecuniary benefit on anyone as
consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of
discretion, or violation of a known legal duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit
of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any
Page 13
payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging,
loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kinds. Upon request
of DEO's Inspector General, or other authorized State official, Subrecipient shall provide any type of information the
Inspector General deems relevant to Subrecipient's integrity or responsibility. Such information may include, but is
not limited to, Subrecipient's business or financial records, documents, or files of any type or form that refer to or
relate to this Agreement. Subrecipient shall retain such records for the longer of: (1) five years after the expiration
of this Agreement; or (2) the period required by the General Records Schedules maintained by the Florida
Department of State available at: htti)s://dlis.dos.state.fl.us/recordsmRmten records schedules.cfm.
(m) Subrecipient shall reimburse the State for the reasonable costs of investigation incurred by the
Inspector General or other authorized State official for investigations of Subrecipient's compliance with the terms
of this or any other agreement between Subrecipient and the State which results in the suspension or debarment
of Subrecipient. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime;
travel and lodging expenses; and expert witness and documentary fees. Subrecipient shall not be responsible for
any costs of investigations that do not result in Subrecipient's suspension or debarment.
(n) Public Entity Crime: Pursuant to section 287.133(2)(a), F.S., a person or affiliate who has been placed
on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or reply
on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies 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 any public entity and may not transact
business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for Category
Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Subrecipient
affirms that it is aware of the provisions of section 287.133(2)(a), F.S., and that at no time as Subrecipient been
convicted of a Public Entity Crime. Subrecipient shall not violate such law and 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.
(o) Advertising: Subject to chapter 119, F.S., Subrecipient shall not publicly disseminate any information
concerning this Agreement without prior written approval from DEO, including, but not limited to mentioning this
Agreement in a press release or other promotional material, identifying DEO or the State as a reference, or otherwise
linking Subrecipient's name and either a description of this Agreement or the name of DEO or the State in any
material published, either in print or electronically, to any entity that is not a Party to this Agreement, except
potential or actual authorized distributors, dealers, resellers, or service representatives.
Page 14
(p) Sponsorship: As required by section 286.25, F.S., if Subrecipient is a nongovernmental organization
which sponsors a program financed wholly or in part by State funds, including any funds obtained through this
Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by
[Subrecipient's name] and the State of Florida, Department of Economic Opportunity." If the sponsorship reference
is in written material, the words "State of Florida, Department of Economic Opportunity" must appear in the same
size letters or type as the name of the organization.
(q) Mandatory Disclosure Requirements:
1. Conflict of Interest: This Agreement is subject to chapter 112, F.S. Subrecipient shall disclose the
name of any officer, director, employee, or other agent who is also an employee of the State. Subrecipient shall
also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest
in Subrecipient or its affiliates.
2. Convicted Vendors: Subrecipient shall disclose to DEO if it is on the Convicted Vendor List. A person
or affiliate placed on the Convicted Vendor List following a conviction for a Public Entity Crime is prohibited from
doing any of the activities listed in Subparagraph (20)(n) above for a period of 36 months from the date of being
placed on the Convicted Vendor List.
3. Vendors on Scrutinized Companies Lists: If this Agreement is in the amount of one million dollars
and zero cents ($1,000,000.00) or more, in executing this Agreement, Subrecipient certifies that it is not listed on
either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to section 215.473, F.S.
a. Pursuant to section 287.135(5), F.S., DEO may immediately terminate this Agreement for cause
if Subrecipient is found to have submitted a false certification or if Subreciplent is placed on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List during the term of this Agreement.
b. If DEO determines that Subrecipient has submitted a false certification, DEO shall provide
written notice to Subrecipient. Unless Subrecipient demonstrates in writing, within ninety days of receipt of the
notice, that DEO's determination of false certification was made in error, DEO shall bring a civil action against
Subrecipient. If DEO's determination is upheld, the Subrecipient will be liable for a civil penalty equal to the greater
of two million dollars and zero cents ($2,000,000.00) or twice the amount of this Agreement, and Subrecipient will
be ineligible to bid on any contract with an agency or local governmental entity for three (3) years after the date of
DEO's determination of false certification by Subrecipient.
c. In the event that Federal law ceases to authorize the states to adopt and enforce the
contracting prohibition identified herein, this provision shall be null and void.
Page 15--
4. Discriminatory Vendors: Subrecipient affirms that it is aware of the provisions of section
287.134(2)(a), F.S., and that at no time has Subrecipient been placed on the Discriminatory Vendor List. Subrecipient
shall not violate such law during the term of this Agreement. Subrecipient shall disclose to DEO if it appears on the
Discriminatory Vendor List. An entity or affiliate placed on the Discriminatory Vendor List pursuant to section
287.134, F.S., may not:
or public work;
a. Submit a bid on a contract to provide any goods or services to a public entity;
b. Submit a bid on a contract with a public entity for the construction or repair of a public building
c. Submit bids on leases of real property to a public entity; or
d. Be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a
contract with any public entity; or transact business with any public entity.
(r) Abuse, Neglect, and Exploitation Incident Reporting: In compliance with sections 39.201 and
415.1034, F.S., an employee of Subrecipient who knows or has reasonable cause to suspect that a child, aged person,
or disabled adult is or has been abused, neglected, or exploited shall immediately report such knowledge or
suspicion to the Florida Abuse Hotline by calling 1-800-96ABUSE, or via the web reporting option at
http://www.dcf.state.fl.us/abuse/report/, or via fax at 1-800-914-0004.
(21) FEDERAL REQUIREMENTS PERTAINING TO LOBBYING
(a) Federal grant funds provided under this Agreement may not be used by any Subrecipient or
Subcontractor to support lobbying activities to influence proposed or pending Federal 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 C.F.R. Part 93).
(b) Subrecipient certifies, by the authorized representative's signature to this Agreement, that to the
best of its knowledge and belief, no Federal appropriated funds have been paid or will be paid, by or on behalf of
Subrecipient, to any person for influencing or attempting to influence an officer or employee of any Federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification
of any federal contract, grant, loan or cooperative agreement.
(c) 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 Federal 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,
Page 16
grant, loan or cooperative agreement, Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying."
(d) Subrecipient shall comply with the requirements of 31 U.S.C. § 1352, and require all subcontractors
of subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
to comply with 31 U.S.C. § 1352. In addition, Subrecipient shall ensure that all subawards contain the certification
set forth in Subparagraph (21)(b) above and the content of Subparagraph (21)(c) above. Subrecipient shall require
that all Subcontractors provide such certifications and, when applicable, submit the completed Disclosure Form to
Report Lobbying. 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. Any person who makes an expenditure prohibited by Subparagraph (21)(b) or fails to file or amend
the declaration required by Subparagraph (21)(c) shall be subject to a civil penalty of not less than ten thousand
dollars and zero cents ($10,000.00) and not more than one hundred thousand dollars and zero cents ($100,000.o0)
for each such expenditure and such failure.
(22) COPYRIGHT, PATENT AND TRADEMARK
Any, and ah, 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 Subrecipient to the State of Florida.
(a) If Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless this 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, Subrecipient shall refer the discovery or invention
to DEO for a determination 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, Subrecipient shall notify DEO. Any copyrights
accruing under or in connection with the performance under this Agreement are transferred by Subrecipient to the
State of Florida.
(c) Within thirty days of execution of this Agreement, Subrecipient 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. Subrecipient 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 this Agreement.
(23) LEGAL AUTHORIZATION
_____._. _
__ _ _ Page 17
(a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and
that it's governing body has authorized the execution and acceptance of this Agreement. Subrecipient also certifies
that the undersigned person has the authority to legally execute and bind Subrecipient to the terms of this
Agreement.
(b) Prior to execution of this Agreement, Subrecipient shall disclose all prior or on -going civil or criminal
litigation, investigations, arbitration or administrative proceedings (Proceedings) involving Subrecipient (and each
subcontractor) in a written statement to DEO's Grant Manager. Thereafter, Subrecipient has a continuing duty to
promptly disclose all Proceedings upon occurrence. This duty of disclosure applies to Subrecipient's or
subcontractor's officers and directors when any Proceeding relates to the officer or director's business or financial
activities. Details of settlements that are prevented from disclosure by the terms of the settlement may be
annotated as such.
(24) ASSURANCES
Subrecipient shall comply with any Statement of Assurances incorporated as Attachment E.
(25) PURCHASING
(a) Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): In accordance with section
946.515(6), F.S., if a product or service required for the performance of this Agreement is certified by or is available
from PRIDE and has been approved in accordance with section 946.515(2), F.S., the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF,
OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION
IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME
PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS
CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF
THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS
WITH SUCH CORPORATION ARE CONCERNED.
The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about
PRIDE and the products it offers is available at http://www.Dride-enterprises.oriz. /
(b) Products Available from the Blind or Other Handicapped (RESPECT): In accordance with section
413.036(3), F.S., if a product or service required for the performance of this Agreement is on the procurement list
established pursuant to section 413.035(2), F.S., the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR
REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY
FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER
- ___ __ page 18
413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH
IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACTTHE
PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT
SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH
SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.
Additional information about the designated nonprofit agency and the products it offers is available at
h"D://www.tgspectofflorida.orR.
(c) Subrecipient shall procure any recycled products or materials which are the subject of or are required
to carry out this Agreement in accordance with section 403.7065, F.S.
(26) SEVERABILITY
If any provision, in whole or in part, of this Agreement is held to be void or unenforceable by a court of
competent jurisdiction, that provision shall be enforced only to the extent that it is not in violation of law or is not
otherwise unenforceable, and all other provisions remain in full force and effect.
Remainder of this page intentionally left blank
-- Page 19 --
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date set
forth below.
SUBRECIPIENT
Monroe, County of
(Type Legal Name of Subrecipient)
By:
►h
Name an itle Here) M by
Date:
59-6000749
Federal Identification Number
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
Director, Division of Community Development
Date:
Approved as to form and legal
sufficiency, subject only to full and
proper execution by the Parties,
073876757
DUNS* Number Office of the General Counsel
16EA-OF-11-54-01-019 Department of Economic Opportunity
Agreement Number
ly: -
kpproved Date:
am
-- Page 20
FY 2015 LIHEAP AGREEMENT
EXHIBIT 1
AUDIT REQUIREMENTS
The administration of resources awarded by DEO to the Subrecipient 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, F.S., 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 Subrecipient 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
Subrecipient agrees to comply with any additional instructions provided by DEO staff to the Subreciplent regarding
such audit. The Subrecipient 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 Subrecipient expends $300,000 ($500,000 for fiscal years ending after December 31,
2003) or more in Federal awards in its fiscal year, the Subrecipient must have a single or program -specific
audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit 1 to this
agreement indicates Federal resources awarded through DEO by this agreement. In determining the Federal
awards expended in its fiscal year, the Subrecipient 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 Subrecipient
conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will
meet the requirements of this part.
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.
3. If the Subrecipient 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 Subrecipient 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).
4. Title 2 C.F.R. part 200, entitled Uniform Administrative Requirements, Cost Principles and Audit Requirements
for Federal Awards, also known as the Uniform Guidance, supersedes and consolidates the requirements of
OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102 and A-133 and is effective for Federal awards or
Page 21 -----
increments of awards issued on or after December 26, 2014. Please refer to title 2 C.F.R. part 200 for revised
definitions, reporting requirements and auditing thresholds referenced in this Attachment and Agreement
accordingly.
Part II: STATE FUNDED
This part is applicable if the recipient is a non -state entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such Subrecipient (for fiscal years ending September 30, 2004 or thereafter), the
Subrecipient must have a State single or project -specific audit for such fiscal year in accordance with Section
215.971 F.S.; 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 to this
agreement indicates state financial assistance awarded through DEO by this agreement. In determining the
state financial assistance expended in its fiscal year, the Subrecipient 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 11, paragraph 1, the Subrecipient shall ensure that
the audit complies with the requirements of section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
3. If the Subrecipient 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, Florida Statutes, is not required. In the event that the Subrecipient 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, F.S., 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 Subrecipient's resources obtained from other than State entities).
4. Additional information regarding the Florida Single Audit Act can be found at:
httP://www.myflorida.com/audgen/paizesL
PART III: OTHER AUDIT REQUIREMENTS
None.
PART IV: REPORT SUBMISSION
I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by Part I of this agreement shall be submitted, when required by Section .320 (d), OMB 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 deo.myflorida.com
or
Paper (hard copy):
Page 22
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:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10"' Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Subrecipient 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): Auditfteo.myflorida com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
3. Copies of financial reporting packages required by Part 11 of this agreement shall be submitted by or on behalf
of the Subrecipient directly to each of the following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.mvflorida.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
Page 23 ---- -_
Email Address: flaudgen_localgovt@aud.state.fl.us
4. Copies of reports or the management letter required by Part III of this agreement shall be submitted by or on
behalf of the Subrecipient 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. Subrecipients, 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 Subrecipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this agreement
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. The Subrecipient 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. 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.
- -- -- Page 24 _.
FY 2016 UHEAP AGREEMENT
EXHIBIT 1-A
FUNDING SOURCES
FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Subrecipient's DUNS Registered Name:
Subrecipienfs DUNS Number:
Federal Award identification Number:
Federal Award Date:
Subaward Period of Performance Start and End
Date:
Amount of Federal Funds Obligated by this action
by the pass -through entity to the Subreciplent:
Monroe, County of
073876757
G-1601FLLIEA
October 22, 2015
March 1, 2016 through March 31, 2017
$199,740
Total Amount of the Federal Funds Obligated to $199,740
the Subrecipient by the pass -through entity
Including the current obligation:
Total Amount of the Federal Award committed to
the Subrecipient by the pass -through entity:
Federal award project description, as required to
be responsive to the Federal Funding
Accountability and Transparency Act (FFATA):
Federal Awarding Agency:
Pass -Through Entity:
Contact Information for Awarding Official of Pass -
Through Entity:
Catalog of Federal Domestic Assistance Number:
Catalog of Federal Domestic Assistance Title:
Research and Development. -
Indirect Cost Rate, if applicable:
$199,740
Home energy assistance to low income households
U.S. Department of Health and Human Services;
Florida Department of Economic Opportunity
Contact: Paula Lemmo, 850-717-8450
93.568
Low Income Home Energy Assistance Program
No
4_%'
Page 25
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Federal Program:
1. Subrecipient shall use the LIHEAP funds to provide energy payment assistance to eligible clients
with low income. These funds will be expended in accordance with all attachments to this
Agreement, applicable OMB Circulars, and the FFY 2016 LIHEAP State Plan.
2. Subrecipient 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 SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING: N/A
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program: N/A
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project: N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT
ARE AS FOLLOWS: N/A
NOTE: Title 2 C.F.R. § 200.331 and section 215.97(5), Florida Statutes, require that the information about Federal
Programs and State Projects included in Exhibit 1 be provided to the Subrecipient.
Page 26
FY 2016 UHEAP AGREEMENT
EXHIBIT 2
Audit Compliance Certification
Email a copy of this form within 60 days of the end of each fiscal year in which this grant was open
to audit @Ddeo. myflodda. cam.
Grantee:
FEIN:
Grantee's Fiscal Year:
Contact's Name:
Contact's Phone:
Contact's Email:
1. Did Grantee 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 the Subrecipient and the Department of
Economic Opportunity (DEO)? ❑ Yes ❑ No
If the above answer is yes, answer the following before proceeding to item 2.
Did Grantee expend $500,000 or more of state financial assistance (from DEO and all other
sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No
if yes, the Subrecipient 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 the Subrecipient expend federal awards 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 the Subrecipient and DEO? ❑ Yes ❑ No
If the above answer is yes, also answer the following before proceeding to execution of this
certification:
Did the Subrecipient expend $750,000 or more in federal awards (from DEO and all other sources
of federal awards combined) during its fiscal year? ❑ Yes ❑ No
If yes, the Subrecipient certifies that it will timely comply with all applicable single or program -
specific audit requirements of title 2 C.F.R. part 200, subpart F, as revised.
By signing below, I certify, on behalf of the Subrecipient, that the above representations for items 1
and 2 are true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
Page 27
FY 2026 LIHEAP AGREEMENT
EXHIBIT 3
SUBRECIPIENT FEDERAL AWARD AGREEMENTS CHECKLIST
Criteria
SUBRECIPIENT
Required Federal Award Identification Information
INFORMATION
2 C.F.R.
(�)
Monroe, County
200.331
Subrecipient name (which must match registered name in DUNS);
of
(a)(1)
pi)
SubrecipienYs DUNS number (see §200.32 Data Universal
Numbering System (DUNS) number);
073876757
Oil)
Federal Award Identification Number (FAIN);
G-1601FLLIEA
(iv)
Federal Award Date (see §200.39 Federal award date);
October 22, 2015
March 1, 2016
(v)
through March 31,
Subaward Period of Performance Start and End Date;
2017
(v�)
Amount of Federal Funds Obligated by this action by the pass-
through entity to the Subrecipient;
$199,740
(vn)
Total Amount of Federal Funds Obligated to the Subrecipient by the
ent'
pass -through entity including the current obligation;
$199,740
(vni)
Total Amount of the Federal Award committed to the Subrecipient
by the pass -through entity;
$199,740
Home energy
(IX)
assistance to low
Federal award project description, as required to be responsive to
income
the Federal Funding Accountability and Transparency Act (FFATA);
households
Federal Awarding
Agency: U.S.
Department of
Health and Human
Services;
Pass Through
(x)
Entity: Florida
Department of
Economic
Opportunity
Contact: Paula
Name of Federal awarding agency, pass -through entity, and contact
Lemmo, 850-717-
information for awarding official of the Pass -through entity
8450
93.568, Low
Income Home
(xi)
CFDA Number and Name; the pass -through entity must identify the
Energy Assistance
dollar amount made available under each Federal award and the
Program; See
CFDA number at time of disbursement;
Exhibit 1-A
NO
Identification of whether the award is R&D; and
No
Page 28
(xiii)
Indirect cost rate for the Federal award (including if the de minimis
See Exhibit 1-A
rate is charged per § 200.414 Indirect (F&A) costs).
2 C.F.R.
All requirements imposed by the pass -through entity on the
33 200.1
{ 33
Subrecipient so that the Federal award is used in accordance with
Yes, See
Attachments A, B
Federal statutes, regulations and the terms and conditions of the
and C
Federal award.
2 C.F.R.
Any additional requirements that the pass -through entity imposes
200.331
on the Subrecipient in order for the pass -through entity to meet Its
Yes, See
(a)(3)
own responsibility to the Federal awarding agency including
Attachments A, B
identification of any required financial and performance reports.
and C
2 C.F.R.
An approved federally recognized indirect cost rate negotiated
200.331
between the Subrecipient and the Federal government or, if no such
(a)(4)
rate exists, either a rate negotiated between the pass -through entity
Yes, See
and the Subrecipient (in compliance with this Part), or a de minimis
Attachments C
indirect cost rate as defined in § 200.414 Indirect (F&A) costs,
and K
paragraph (b) of this Part.
2 G.F.R.
A requirement that the Subrecipient permit the pass -through entity
200.331
-. - -
and auditors to have access to the Subrecipient's records and
_
{a)(5)
_ _ _ _ _- _- _
financial statements as necessary for the pass -through entity to
Yes, Se a
e
meet the requirements of this section, §§ 200.300 Statutory and
paragraph of
national policy requirements through 200.309 Period of
this Agreement
performance and Subpart F - Audit Requirements of this Part.
2 C.F.R.
Appropriate terms and conditions concerning closeout of the
200.331
subaward.
Yes, See
(a)(6)
Attachment C
Page 29
FY 2016 LIHEAP AGREEMENT
ATTACHMENT A
SCOPE OF WORK
Subrecipient shall comply with and, if applicable, ensure all subcontractors comply with, the following requirements:
A. Payment and Deliverables
Subrecipient will be reimbursed monthly for expenditures reported in its Monthly Financial Status Report as
described in Attachment C, Reports. Reimbursement will be made by DEO, upon DEO's finding that the
Deliverable has been successfully completed.
(1) "Deliverable" is defined as:
a. Certification that Subrecipient operated during its regular business hours as identified in
Attachment F, Warranties and Representations.
(2) The Deliverable shall be reported monthly on Subrecipient's Monthly Financial Status Report as
described in Attachment C, Reports.
(3) Successful completion of the Deliverable shall be determined by receipt by DEO of Subrecipient's
Monthly Financial Status Report containing the certification required in Subparagraph A.(1)a. above.
B. Financial Conse uences
(1) DEO shall not reimburse any expenditures associated with Deliverables not accepted by DEO as successfully
completed; however, this does not preclude Subrecipient from receiving payment for such expenditures
upon successful completion of the Deliverable.
(2) If Subrecipient fails to be open and available for services according to its regular business hours as identified
in Attachment F, Warranties and Representations, outside weekends and holidays, Subrecipient 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 Subrecipient.
(3) Subrecipient's failure will result in an assessment of a financial consequence in the amount of $10.00 per
day Subrecipient failed to operate according to its regular business hours, up to a maximum of $100.00.
(4) Subrecipient shall reimburse DEO any amounts found not to have been expended in accordance with 42
U.S.C. §§8621-8630, or DEO may offset such amounts against any other amount to which Subrecipient is or
may become entitled to under this Agreement. Any request for reimbursement shall be paid by Subrecipient
in accordance with the terms of this Agreement.
(5) Any amounts due under this financial consequence shall be paid by Subrecipient out of non-federal funds.
C. Definitions
(1) Administrative expenses— costs for general administration and coordination of the program, including
direct and indirect costs. This includes the salaries, fringe, rent, utilities, travel, etc. associated with
Page 30
financial and administrative management of the program.
(2) Applicant — A person or persons who has submitted or requested an application for services.
(3) Application Date - The date the application is completed (whether by self or with assistance), signed by
the Applicant, and verified by Subrecipient's staff. This date shalt not be changed.
(4) Application Receipt — The date an Applicant first submits an application for assistance.
(5) Client — An Applicant, household or customer whose application for assistance has been approved.
(6) Crisis Assistance — Assistance provided to an Applicant with no access to, or in danger of losing access to,
needed home energy. Subrecipient may provide up to two Crisis Assistance benefits per year.
a. A maximum of one summer Crisis Assistance benefit may be applied to a Client's account during the
cooling season, April —September.
b. A maximum of one winter Crisis Assistance benefit may be applied to a Client's account during the
heating season, October— March.
c. May be used to pre -pay home energy usage.
(7) Eligible Actions — All applications for Crisis Assistance must be acted upon by Subreciplent with an Eligible
Action taken to mediate the crisis within 18 hours of Application Receipt. Eligible Actions include:
a. Approval of application;
b. Denial of application pending further information;
c. Denial of application because Applicant is deemed ineligible;
d. Contact utility vendor to halt power disconnection or interruption in services; or
e. Written referral to, along with providing Applicant assistance in contacting, another agency if LIHEAP
funding is not available or the Applicant is ineligible.
(8) Home Energy Assistance — Assistance provided to an Applicant to reduce the Applicant's overall home
energy burden. Subrecipient must provide at least one Home Energy Assistance benefit per calendar year.
a. A Client may not receive more than one Home Energy Assistance benefit per calendar year.
b. The benefit is not contingent upon current or past due amounts, and can be used as a direct credit to
the Client's account.
c. Maybe used to pre -pay home energy usage up to the amount the Client is eligible to receive.
d. Must follow the current benefit payment matrix provided by DEO.
(9) Home Energy Crisis —shall be defined as no access or being in immediate danger of losing access to needed
home energy because of any of the following:
a. The Applicant's home cooling or heating energy source has been cut off;
b. The Applicant has been notified that the energy source for cooling or heating is going to be cutoff;
Page 31 _._ ___------____--
c. The Applicant has received a notice indicating the energy source is delinquent or past due;
d. The Applicant is unable to get delivery of fuel for heating, is out of fuel for heating, or is in danger of
being out of fuel for heating;
e. The Applicant has a bill for which the due date has lapsed; or
f. The Applicant has other problems with lack of cooling or heating in the home, such as needing to pay
a deposit, needing a repair or purchase of heating or cooling equipment, or needing interim emergency
measures to avoid further crisis.
(10) Outreach Expenses - costs incurred in delivering LIHEAP services that are not purely administrative in
nature. This may include staff expenses such as salaries, fringe, rent, utilities, travel, etc. for those
employees performing outreach and intake, costs for advertising, costs for application supplies and
storage of client files.
(11) Reasonable Promptness — Means within fifteen (15) working days of Application Receipt.
D. Scooe of Work/Program Tasks/Program Requirements
(1) Subrecipient will administer the LIHEAP Program in accordance with information and directives provided in
DEO-issued Information Memorandum notifications, DEO-issued ' policy directives (if any), and this
Agreement.
(2) Subrecipient shall conduct outreach activities designed to ensure that eligible households, especially
households with elderly or disabled individuals, young children and those with highest home energy burden
are made aware of the assistance available under this Agreement.
(3) Subrecipient shall assist each Applicant in securing help through other community resources when LIHEAP
funds are not available or are insufficient to meet the emergency home energy needs of an Applicant.
(4) Subrecipient shall maintain the following written policies:
a. A written policy that outlines its procedure and requirements for conducting home visits to home -bound
Applicants, especially the elderly or disabled, for completion of the program application or eligibility
determination when other assistance is not adequate.
b. A written policy 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. Subrecipient
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.
c. A written policy to assure that all energy vendors to which energy assistance payments are made comply
with the requirements of Paragraph G of this Attachment A.
Page 32
d. A written policy on how to document and verify that an Applicant meets the definition of a Horne Energy
Crisis and is eligible for Crisis Assistance.
e. A written policy to ensure that LIHEAP funds are appropriately budgeted and expended to sufficiently
allow for energy assistance benefits in both the heating and cooling seasons.
f. A written policy for determining Applicant's eligibility for receiving benefits under the LIHEAP program.
g. A written appeals and complaint policy that provides an opportunity for a fair administrative hearing to
Applicants or Clients whose applications for assistance are denied or whose applications are not acted upon
with Reasonable Promptness. Subrecipient shall post its appeal and complaint policy in a prominent place
within Subrecipient's office viewable by all Applicants and Clients.
(5) Subrecipient shall, within fifteen (15) working days of the Application Date, furnish a written Notice of Denial
and Appeals for each Applicant denied assistance. At a minimum, the written Notice of Denial and Appeals
shall contain:
a. Name of Applicant;
b. Date of Application;
c. Type of benefit sought;
d. Reason(s) for denial;
e. Statement on Subrecipient's benefit limits, if applicable;
f. Statement of appeals process;
g. Explanation of the circumstances under which the Applicant may reapply;
h. Explanation of the information or documentation needed for the Applicant to reapply,
i. Name, phone number, and address applicable to the appeal process; and
j. Number of days the Applicant has to file the appeal.
(6) At a minimum, Subrecipient's appeals process must provide an opportunity for an Applicant or Client to file
a written appeal or complaint with Subrecipient's Program Supervisor within ten (10) working days of
receipt of the written Notice of Denial and Appeal:
a. Upon receipt of a validly filed appeal or complaint, Subrecipient shall respond in writing within ten (10)
working days.
b. The Applicant or Client may appeal Subrecipient's first response by filing its objections to the response
with Subrecipient's Director, Executive Director or Board Chair, as applicable, within five (5) working
days of receipt of the first response.
c. Upon receipt of a validly filed objection to the first response, Subrecipient shall respond in writing within
ten (10) working days, and the response must clearly state the final outcome of the appeal, that the
- Page 33
decision is final, and, if applicable, the circumstances under which the Applicant or Client may re -apply
for services.
(7) Subrecipient shall make payments to energy 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 Applicants that results from having members of vulnerable
populations, including very young children, the disabled, and frail older individuals.
(8) Subrecipient shall enter into a Memorandum of Understanding (MOU) with all Weatherization Assistance
Programs (WAP) in its service area. The MOU will detail cooperative efforts and shall describe the actions
that will be taken by both parties to assure coordination, partnership, and referrals. The Subrecipient shall
review and renew the MOU at least every five years. Subrecipient, in coordination with the local WAP agency,
shall develop a system by which LIHEAP Clients who have received more than three LIHEAP benefits in the
last 18 months and who are homeowners, are referred to the WAP provider. Subrecipient shall maintain
records sufficient to document referrals.
(9) Subrecipient shall enter into an 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 Subrecipient shall review and renew
the MOU at least every five years. The MOU will detail how LIHEAP and EHEAP records (for households with
elderly members) will be checked to avoid duplicate Crisis Assistance payments during the same season.
Subrecipient shall maintain records sufficient to document coordination.
(10)Subrecipients serving multi -county areas shall 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.
(11)Subrecipient shall agree to treat owners and renters equitably under the Agreement.
(12)Subrecipient shall not charge Applicants a fee or accept donations from an Applicant to provide LIHEAP
benefits. Subrecipient shall post the following statements in a prominent place visible to all Applicants and
Clients: No money, cash or checks, will be requested or accepted from Applicants or Clients for LIHEAP
services of any kind. If an employee asks for money, report this to the agency Executive Director or
Department Head.
(13)Subrecipient shall have a physical location and operate during hours available to Applicants and in
accordance with the days and times as described in Attachment F, Warranties and Representations.
(14)Subrecipient shall refund to DEO, with non-federal funds, all funds incorrectly paid on behalf of Clients that
-...... ........... ____ Page 34 - -
cannot be collected from the Client.
(15)Subrecipient shall have appropriate staff attend training sessions scheduled by DEO to cover LIHEAP policies
and procedures.
(16)Subrecipient shall furnish training for all staff members assigned responsibilities within the program.
(17)Subrecipient shall be in a position to accept applications after execution of this Agreement, and adequate
funding is provided. Subrecipient shall continue taking applications until this Agreement expires or funds are
exhausted, whichever comes first.
(18)Subrecipient shall 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) (www.ccr.gov).
(19)Subrecipient shall publish and publicize its local outreach office telephone number, as well as the days and
times the outreach office is open. If applicable for the area served, Subrecipient shall have a toll -free
telephone number.
E. Client Services and Benefits
(1) Subrecipient shall provide LIHEAP Home Energy Assistance benefits based on the state -provided LIHEAP
Payment Matrix. The benefit amount is based on the household's income level as compared to the National
Poverty Guidelines.
(2) The following maximum benefits will be available to eligible Applicants:
a. One non -crisis Home Energy Benefit per twelve (12) month period;
b. One summer energy -related Crisis Assistance benefit between April 1 and September 30 each year; and
C. One winter energy -related Crisis Assistance 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 its service
area, Subrecipient may limit Crisis Assistance benefits to less than those stated in Paragraph E.(2) of this
Attachment A, but not less than one Crisis Assistance benefit per year.
(4) Subrecipient shall determine the correct amount of each Crisis Assistance benefit based on the minimum
necessary to resolve the crisis, but not more than the maximum set by DEO. The maximum crisis benefit is
$600.00 per Applicant per season.
(5) When the Applicant is in a crisis situation (life threatening or non -life threatening), Subrecipient shall take
one or more Eligible Actions that will resolve the emergency situation within eighteen (18) hours of
Application Receipt for a Crisis Assistance benefit, and document the Client file with which Eligible Action
was used.
Page 35
(6) For all approved applications, Subrecipient shall make payments to vendors on behalf of approved
Applicants no more than forty-five (45) calendar days from the Application Date.
(7) Subrecipient shall, within fifteen (15) working days of the Application Date, furnish in writing to each
approved Applicant a Notice of Approval and Appeals which includes:
a. Type and amount of assistance;
b. Name of the energy vendor to be paid on the Client's behalf;
c. The next date when the Client will be eligible to apply for further assistance; and
d. Subrecipient's Appeal policy.
(8) For Crisis Assistance Applicants, Subrecipient shall compare LIHEAP records and EHEAP records for
households with elderly members to avoid duplicate Crisis Assistance payments during the same eligibility
period, and maintain documentation sufficient to ensure compliance with this requirement.
(9) Applicant eligibility shall be based on the following factors:
a. Subrecipient may only assist Applicants who are, or were, residing in its LIHEAP service area at the time
the home energy costs were incurred.
b. The Applicant must complete an application and return all required information and verification to
Subrecipient or subcontractor.
c. The Applicant must provide a utility, or fuel, bill verifying an obligation to pay home energy costs.
d. The Applicant 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. To receive a Crisis Assistance benefit, the Applicant must meet the requirements of having a verifiable
Home Energy Crisis as this term is defined in Paragraph C.6. of this Attachment A.
f. If the Applicant lives in government subsidized housing, Subrecipient shall determine if all or part of
Applicant's utility costs are paid directly or indirectly by the government and then take the following
appropriate action:
1.Subrecipient shall not provide assistance to an Applicant if Applicant's home heating and cooling costs
are totally included in Applicant's rent and Applicant has 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 Subrecipient shall 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.
--------- Page 36
3.For Home Energy Assistance Only: If utility costs are not paid directly or indirectly by a government
entity, the Applicant is eligible for a Home Energy Assistance benefit with no deductions at the same
level as other Applicants.
g. The Applicant 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.
h. The Applicant must not be a student living Ina dormitory.
(10) Calculation of income eligibility:
a. Use the past 30 days earnings for all occupants of the household annualized, or the Applicant's most
current economic situation, whichever is lower.
b. Reference the current year Sources of Allowable income to determine what is and is not considered
as allowable income.
c. Total household income cannot exceed the 150% poverty level as set forth in the Poverty Income
Guidelines.
d. If an Applicant cannot document household income and does not receive food stamps, the
Subrecipient shall accept a signed self -declaration of income statement that adequately explains
exceptional circumstances and gives the amount of the Applicant's income.
e. No household may be excluded solely on the basis of income if the household income is less than
110% of the poverty level.
F. Client Records
Subrecipient shall maintain information in a file for each LIHEAP Client that includes at least the following
information:
(1) Client's name, address, sex, and age, and customer name on utility account (if not the Client);
(2) Names, ages, and current identification documentation (no more than one year expired) of all 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;
(5) Income amount and method of verification for all household members;
(6) Income documentation to support eligibility;
(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
— Page 37
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 Client resides;
(12) Signed Authorization for Release of General and/or Confidential Information for LIHEAP Data, or notation
that the Client did not sign the waiver;
(13) Utility Account Number;
(14) If LIHEAP prevented disconnection or restored an energy disruption; and
(15) A signed LIHEAP application with signatures of the Applicant, Subrecipient's representative, and
supervisory staff.
G. Energy Vendor Relations
(1) Unless special circumstances exist which permit Subrecipient to make a payment in the form of a two -parry
check made payable to the Client and the energy vendor, Subrecipient shall negotiate and maintain written
agreements (the "Vendor Agreement") with energy vendors which must at a minimum include:
a. The beginning and ending date of the Vendor Agreement.
b. The Subrecipient's representative(s) authorized to resolve a crisis situation and make a payment
commitment on behalf of a Client.
c. The energy vendor's representative(s) authorized to resolve a crisis.
d. A description of how Subrecipient shall make energy payments directly to the energy vendor on behalf
of LIHEAP Clients.
e. Assurances from the energy vendor that no household receiving LIHEAP assistance will be treated
adversely by the energy vendor because of such assistance under applicable provisions of state law or
public regulatory requirements.
f. Assurances from the energy vendor that it will not discriminate, either in the cost of goods supplied or the
services provided, against the eligible household on whose behalf payments are made.
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 resolve the crisis and no other resources to pay
that portion of the bill can be secured by the Client or Subrecipient.
Page 38
h. A statement that Subrecipient may not pay for charges that result from illegal activities such as a bad
check or meter tampering. A statement that the energy vendor is aware that those charges are the
responsibility of the Client.
L A statement thatthe energy vendor is aware that when the benefit amount does not pay forthe complete
charges owed by a Client, the Client is responsible for paying the remaining amount owed.
j. Details on how the energy vendor will assist Subrecipient in verifying the LIHEAP Client'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 owed and the amount necessary to resolve the crisis
situation.
k. Subrecipient's commitment to make payment to the energy vendor no more than forty-five (45) calendar
days from the Application Date.
I. A statement that the energy vendor is aware that if LIHEAP payments made to the energy vendor cannot
be applied to the Client's account, the funds will be returned to Subrecipient or, with Subrecipient's
approval, applied to another eligible Client's account.
m. An assurance that the Subrecipient shall collect signed Authorization for Release of General and/or
Confidential Information for LIHEAP Data from each eligible Applicant and ensure the signed releases are
available for inspection by the energy vendor.
n. An assurance that the energy vendor is aware that as long assigned Authorization for Release of General
and/or Confidential Information for LIHEAP Data are collected and available, the energy vendor will
provide the requested customer data to DEO.
(2) The energy vendor must be in "active" status with the State of Florida: http://sunbiz.ore/search.htmi and
the energy vendor's name must be checked on SAMS at https://www.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 must be reviewed by both parties at least every two years.
(4) The Vendor Agreement must be signed by upper level management of both Subrecipient and the energy
vendor authorized to enter into such commitments.
Page 39 -
FY 2016 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 Low -Income Home Energy
Assistance Act of 1981 (Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35), as
amended, and the "Uniform Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards 2 C.F.R., Part 200" (hereinafter referred to as the "Uniform Guidance"). If this Agreement is
made with a commercial (for -profit) organization on a cost -reimbursement basis, Subrecipient shall be
subject to Federal Acquisition Regulations 31 C.F.R. 31.2 and 48 C.F.R. 931.2. Executive Order 12549,
Debarment and Suspension from Eligibility for Financial Assistance (Non -procurement) and 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.
1. 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, 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;
S. 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 programs or activities receiving Federal Financial
Assistance from HHS;
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;
B. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY
As required by Section 508 of Public Law 103-333, when issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or programs funded in whole or in
Page 40
part with Federal money, all grantees receiving Federal funds, including but not limited to State and local
governments and Subrecipients 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 money,
2. the dollar amount of Federal funds for the projector program, and
3. percentage and dollar amount of the total costs of the project or program that will be financed by
nongovernmental sources.
C. INTEREST FROM CASH ADVANCES
Subrecipients shall invest cash advances in compliance with section .21(h)(2)(i) of the Common Rule and 2
C.F.R. 200.305, Payment.
D. PROGRAM INCOME
Subrecipient 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. INFORMAL MODIFICATIONS
No expenditure in excess of the amount funded under this Agreement at the time the expenditure is incurred
will be valid. Increases in funding are only valid by formal modification as described in Paragraph (4) of this
Agreement. Subrecipient shall submit all Modifications of Attachments I, J, K, and L in accordance with the
following process:
(1) Subrecipient shall use a DEO-approved Informal Modification package.
(2) In Attachments J and K, only unobligated funds may be transferred from one line item to another line
item.
(3) Except when an Informal Modification pertains to a weather -related modification, each modified line
item must continue to meet all contractual minimum and maximum percentage budget requirements.
(4) Any request for modification to increase or decrease any line item that is not submitted to DEO for
approval thirty calendar days prior to the anticipated implementation date may result in reimbursement
delays.
(5) Subrecipient shall submit to DEO a letter of explanation for the modifications made and a completed
modification package, including Amended Attachments I, J, K, and L, as applicable. The Modification
must be signed by Subrecipient. Prior to the submission of a Financial Status Report in which the changes
are implemented, DEO must accept and sign the Modification.
(6) Upon approval by DEO, Subrecipient's budget detail will be revised in DEO's electronic payment system.
-- Page 41
(7) None of the budget transfers may violate this Agreement or the Uniform Guidance, and if Subrecipient
is a for -profit entity, all budget transfers must comply with 31 C.F.R. Subpart 31.2 and 48 C.F.R. Subpart
931.2.
F. BONDING
(1) Non -Profit Organizations: Subrecipient shall purchase a blanket fidelity bond covering all officers,
employees and agents of Subrecipient 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. Subrecipient shall submit
documentation prior to execution of this Agreement.
(2) Local Governments: Subrecipient shall purchase a fidelity bond in accordance with section 113.07, F.S.
The fidelity bond must cover all officers, employees and agents of Subrecipient holding a position of
trust and authorized to handle funds received or disbursed under this Agreement. Subrecipient shall
submit documentation prior to execution of this Agreement.
G. MONITORING
(1) DEO shall conduct a full onsite review of Subrecipient at least once during each three-year period.
Subrecipient shall allow DEO to carry out monitoring, evaluation and technical assistance, and shall
ensure the cooperation of its employees, and of any subcontractors with whom Subrecipient
contracts to carry out program activities.
(2) DEO shall provide training and technical assistance, within the limits of staff time and budget
availability, upon request by Subrecipient or determination by DEO of Subrecipient need.
(3) DEO shall conduct follow-up reviews including prompt return visits to Subrecipients that fail to meet
the goals, standards, and requirements established by the State and federal funding agency.
H. OTHER PROVISIONS
(1) Subrecipient shall budget a minimum of twenty-five percent (25%) of the total Agreement funds for
Home Energy Assistance.
(2) Subrecipient shall budget a minimum of two percent (2%) of the total Agreement funds for Weather
Related/Supply Shortage emergency assistance. These funds must be held in this budget line item
category until December 15 of the program year for use in response to a possible disaster. These
funds will only be used during state or federal emergencies declared officially by the President, the
Governor, or the Executive Director of DEO. In the event of an emergency being officially declared, if
Subrecipient or DEO finds that two percent (2%) of the Weather Reiated/Supply Shortage emergency
Page 42
assistance budget is not sufficient to meet the emergency, Subrecipient 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 December 15,
if no emergency has been declared, DEO will release the funds and Subrecipient will allocate these
funds to the crisis or home energy category of the program through a budget modification which can
be completed following the Informal Modification process set out in Paragraph E of this Attachment
B. Subrecipient shall 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 Sections (5)
and (6) 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 Subrecipient.
(4) If the U.S. Department of Health and Human Services initiates a hearing regarding the expenditure of
funds provided under this Agreement, Subrecipient shall cooperate with, and upon DEas written
request, participate with DEO in the hearing.
(5) Subrecipient shall maintain records sufficient to allow DEO to determine compliance with the
requirements and objectives of Attachment A and all other applicable laws and regulations.
Page 43
FY 2015 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 will be due on the next business day. Subrecipient 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: Subrecipients that are below the $750,000 threshold for all Federal awards in its fiscal
year, are non-profit entities, and exempt from the federal single audit act requirements, shall submit
with its Agreement proposal a copy of its most recent IRS Form 990.
(3) Annual Performance Measures Client and Household Data Report: The Annual Performance Measures
Client and Household Data Report is due on October 21 of each year and shall cover the period of
October 1 through September 30 of each year. If October 21 falls on a weekend day or holiday, the
Report shall be due on the next business day. Subrecipient shall submit the report as instructed by
DEO.
B. Quarterly Reports: For each county Subrecipient 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 Agreement, 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: Subrecipient shall provide the LIHEAP Monthly Financial Status Report to DEO no later than
the twenty-first day of each month following the end of the reporting month in which funds were expended.
Subrecipient shall submit the report regardless of whether funds were expended. DEO will make its
determination whether to reimburse Subrecipient's costs based on Subrecipient's successful completion of
deliverables, as evidenced by information contained in 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 due date. In the event the twenty-first day of the month falls on a weekend
Page 44
day or holiday, the Monthly Financial Status Report shall be due on the next business day.
(1) Each Monthly Financial Status Report shall contain the following information:
a. All expenditures that occurred during the reporting month;
b. The amount of reimbursement requested;
C. The number of benefits provided; and
d. An attestation, signed by an authorized signatory, that Subrecipient was open and operating
during its reported business hours.
(2) All Monthly Financial Status Reports shall be signed and dated.
(3) DEO shall review each Monthly Financial Status Report for compliance with the requirements as
stated in Attachment A of this Agreement.
D. Monitoring Report Responses: Subrecipient shall provide a written response to DEO for all monitoring report
findings or concerns no later than thirty-five calendar days from the date of the original monitoring report.
DEO shall notify Subrecipient 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 on the next business day. Subrecipient may request an extension in writing for DEO's review and
approval.
E. Cost Allocation Plan: Per 2 C.F.R. 200.405, Subrecipients are required to have written financial management
systems procedures for determining the reasonableness, allocability, and ailowability of costs in accordance
with the provisions of the cost principles and terms and conditions of the award. To document this,
Subrecipients must submit copies of their written Cost Allocation Plan to DEO with this Agreement.
F. Indirect Cost Rate Proposal: Per 2 C.F.R. 200.331(a)(4), Subrecipients of federal awards are required to have
an approved, federally recognized indirect cost rate, negotiated between the Subrecipient and the Federal
Government. If no such rate exists, then the Subrecipient shall have either a rate negotiated with DEO (in
compliance with 2 C.F.R. Part 200), or a de minimis indirect cost rate as defined in 2 C.F.R. 200.414(f).
Subrecipient shall submit its current Indirect Cost Rate Proposal to DEO with this Agreement. If Subrecipient
chooses to use the de-minimis rate, Subrecipient shall make sure it is entitled to use that rate and include a
statement to that effect. Subrecipient is not obligated to establish an indirect cost rate if Subrecipient does
not charge an indirect cost rate.
G. Other reports: Upon reasonable notice, Subrecipient shall provide such additional program updates, reports,
and information as may be required by DEO, including supporting or source documentation for any reports
identified above in this Attachment.
H. Reports must be submitted to the DEO Grant Manager as stated in Paragraph (14) of this Agreement.
Page 45
FY 2016 UHEAP AGREEMENT
ATTACHMENT D
PROPERTY MANAGEMENT AND PROCUREMENT
Subrecipient shall comply with property management standards for non -expendable property equivalent, at a
minimum, as provided in 2 C.F.R. 200.313, Equipment, 2 C.F.R. 200.314, Supplies, and the awarding federal agency's
"Common Rule."
A. All property purchased under this Agreement must be inventoried annually and an inventory report must be
made available to DEO upon request.
B. All property purchased under this Agreement must be listed on the property records of Subrecipient. Said
listing must 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 must be vested in
DEO upon completion or termination of the Agreement.
D. Subrecipient shall 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 46
FY 2016 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 part of this Agreement or to any benefit to arise from the same.
B. interest of Members. Officers, or Employees of Subrecipient, Members of Local Governing Body, or Other
Public Officials.
No member, officer, or employee of Subrecipient, 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, may 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. Subrecipient 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 section 112.061, F. S.
C. Nepotism
Subrecipient shall abide by the provisions of section 112.3135, F. S., pertaining to nepotism in its performance
under this Agreement
D. LIHEAP Assurances
Subrecipient hereby assures and certifies as a condition of receipt of LIHEAP funds, that it, and its
subcontractors, shall comply with the applicable requirements of Federal and State laws, rules,
regulations, and guidelines. As part of its acceptance and use of LIHEAP funds, Subrecipient assures and
certifies that:
(1) Subrecipient possesses the legal authority to administer the program as approved by Subrecipient's
governing body, including all assurances contained herein.
(2) Subrecipient 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) Subrecipient will permit and cooperate with Federal and State investigations designed to evaluate
Page 47 ___
compliance with the law.
(4) Subrecipient 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) Subrecipient will comply with all of the provisions and practices outlined in DEO's most current
LIHEAP Program Monitoring Field Manual.
(6) Subrecipient will comply with non-discrimination provisions, in accordance with Florida Statutes;
Section 677 of P.L. 97-35; Titles VI and VII of the Civil Rights Act of 1964; and 45 C.F.R. Parts 84, 86
and 90.
(7) Subrecipient will comply with section 2609 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) Subrecipient 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 Subrecipient's governing body by official
action, and the officer who signs it is duly authorized to sign this Agreement.
(11) Subrecipient shall comply with Title X, Part C of Public Law 103-227, 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, daycare, 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. Subrecipient shall include the above
language in any subawards which contain provisions for children's services and that all
subcontractors 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) Subrecipient 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 C.F.R. part 76, subpart F,
Sections 76.630(c) and (d)(2).
Page 48 — - - - ------ - --- -- --
FY 2016 LIHEAP AGREEMENT
ATTACHMENT F
A. Financial Manaeement
Subrecipient 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. Subrecipient 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 shall 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
Subrecipient warrants the following:
(1) All procurement transactions shall be done in a manner to provide open and free competition.
(2) Subrecipient 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 advantageou's to Subrecipient, 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 Subrecipient. Any and all bids or offers may be rejected
when it is in Subrecipient's interest to do so.
C. Codes of Conduct
Subrecipient warrants the following:
(1) Subrecipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts.
-- - Page 49
(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.
(3) The officers, employees, and agents of Subrecipient 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 Subrecipient.
D. Business Hours
Subrecipient 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) t4b/E through 1 FFl 1b14Y and
from (times) L S M ) to s 5 PM 1.
E. Licensing and Permitting
Subrecipient warrants that all subcontractors or employees hired by Subrecipient shall have all current
licenses and permits required for all of the particular work for which they are hired by Subrecipient.
Page 50
FY 2016 UHEAP AGREEMENT
ATTACHMENT G
CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY
AND VOLUNTARY EXCLUSION
NOTE: Prior to issuing subawards or subcontracts under this Agreement, Subrecipient shall consult the System for
Award Management (SAM) to ensure that organizations under funding consideration are not ineligible. The list is
available on the Web at httos:Hwww.sam.eov.
A. If the Subrecipient will not issue any subawards or subcontracts and r this Agreement, the Subrecipient
shall mark here that this Attachment G is Not Applicable: — .PV(,ioo7-b(e—
B. If the Subrecipient will issue subawards or subcontracts under this Agreement, the Subrecipient shall
complete the following information for each subcontractor:
1. The prospective subcontractor of Subrecipient, 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 Subrecipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
(Type Name)
BY
Signature
Subrecipient's Name
Name & Title DEO Agreement Number
Street Address
City, State Zip
Date
..... -......... — Page 51
FY 2016 UHEAP AGREEMENT
ATTACHMENT H
Traffickina Victims Protection Act of 2000, as amended (22 U.S.C. 7104(a)l
2 C.F.R.175.15, Award Term
1. Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subreciplents under this award, and subreciplents' employees
may not--
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you ora
subrecipient that is a private entity --
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to
have violated a prohibition in paragraph a.1 of this award term through conduct that is either,
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 C.F.R. part 180, "OMB
Guidelines to Agencies on Government -wide Debarment and Suspension (Nonpmcurement),"
as implemented by our agency at [agency must insert reference here to its regulatory
implementation of the OMB guidelines in 2 C.F.R. part 180 (e.g., "2 C.F.R. part XX" }].
b. Provision applicable to a recipient other than a private entity. We, as the Federal awarding agency, may
unilaterally terminate this award, without penalty, if a subrecipient that is a private entity--
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have
violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 C.F.R. part 180, "OMB Guidelines to Agencies
on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our
Page 52
agency at [agency must insert reference here to its regulatory implementation of the OMB
guidelines in 2 C.F.R. part 180 (e.g., "2 C.F.R. part XX")].
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a violation of
a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
L Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended
(22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must Include the requirements of paragraph a.1 of this award term in any subaward you make to a
private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project
or program under this award; or
ii. Another person engaged in the performance of the project or program under this award and not
compensated by you including, but not limited to, a volunteer or individual whose services are
contributed by a third party as an in -kind contribution toward cost sharing or matching
requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud,
or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity":
I. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as
those terms are defined in 2 C.F.R. § 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or
tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. §
175.25(b).
B. A for -profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section
103 of the TVPA, as amended (22 U.S.C. 7102).
Page 53
FY 2016 LIHEAP AGREEMENT
ATTACHMENT 1
SUBRECIPIENT INFORMATION
FEDERAL FISCAL YEAR: 2016 AGREEMENT PERIOD: March 1, 2016 through March 31, 2017
Instructions: Complete the blanks highlighted in yellow. For item III, put an "X" in whichever highlighted box applies to your agency.
1. SUBRECIPIENT: COUNTY OF MONROE AGREEMENT #: 16EA-OF-11-54-01-019
11. Agreement Amount: $199,740.00 Total Direct Client Assistance: $4,000.00
111. SUBRECIPIENT CATEGORY: Non -Profit ❑X Local Government State Agency
IV. COUNTY(IES) TO BE SERVED WITH THESE FUNDS:
MONROE
V. GENERAL ADMINISTRATIVE INFORMATION
a. Subrecipient County Location: MONROE
b. Executive Director or Chief Administrator:
SHERYL GRAHAM
Address: 1100 SIMONTON ST 2-257
City:
KEY WEST , FL Zipcode: 33040
Telephone: 305-292-4511
Fax:
305-295-4359
Cell:
Email:
graham-sherul@monroecounty-fl.gov
Mailing address if different from above
Mailing Address:
City:
, FL Zipcode:
c. Chief Elected Official for Local Governments or President/Chair of the Board for Nonprofits:
Name: HEATHER CARRUTHERS
Title:
MAYOR
Address*: 500 WHITEHEAD ST SUITE 102
City:
KEY WEST , FL Zipcode: 33040
Telephone: 305-292-3430 Fax:
305-292-3466
Email: boccdis3 monroecounty-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 WHITEHEAD STREET
City:
KEY WEST , FL Zipcode: 33040
e. Subrecipient
Contacts:
1. Program:
Name:
SHERYL GRAHAM
Title:
SR DIRECTOR, SOCIAL SERVICES
Address:
1100 SIMONTON ST 2-257
City:
KEY WEST , FL Zipcode: 33040
Telephone:
305-292-4511
Fax:
305-295-4359
Cell:
Email:
graham-shervl monroecounty-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:
f. Person(s) authorized to sign
reports:
Name:
SHERYL GRAHAM
Title:
SR DIRECTOR, SOCIAL SERVICES
Name:
KIM WILKES WEAN
Title:
COMPLIANCE MANAGER
Name:
Title:
g. Subrecipient's FEID Number:
VI. SUBRECIPIENT FISCAL YEAR: OCTOBER 1ST
h. Subrecipient's DUNS Number: 73876757
DUNS Number Must Be Nine Digits
thru SEPTEMBER 30TH
64
SUBRECIPIENT:
FY 2016 LIHEAP AGREEMENT
ATTACHMENT J
BUDGET SUMMARY, WORKPLAN, AND DELIVERABLES
COUNTY OF MONROE
AGREEMENT #: 16EA-OF-11-54-01-019
Instructions: Enter the appropriate figures in the boxes highlighted in yellow. Use only whole dollar amounts; no cents.
SECTION l: Budget Summary
LIHEAP FUNDS ONLY BUDGETED AMOUNT
1
LIHEAP FUNDS $199,740.00
ADMINISTRATIVE EXPENSES
2
Salaries including Fringe, Rent, Utilities, Travel, Other (Total cannot exceed 8.5% of Line 1; round down
if needed.) *
$16,977.00
Maximum Administrative Expense:
$16,977.90
OUTREACH EXPENSES
3
Salaries including Fringe, Rent, Utilities, Travel, Other (Total cannot exceed 15% of the difference
between Line 1 & Line 2 (Line 1 minus Line 2 times .15; round down if needed) *
$28,445.00
Maximum Outreach Expense:
$27,414.45
DIRECT CLIENT ASSISTANCE
4
Home Energy Assistance (Must be at least 25% of Line 1; round up if needed)
$75,000.00
25/ Minimum Calculation:
1$49,935.00
5
Crisis Assistance
$75,318.00
6
Weather Related / Supply Shortage / Disaster (Must be at least 2% of line 1; round up if needed.)
$4,000.00
2%Minimum Calculation: 1$3,994.80
7 1TOTAL
DIRECT CLIENT ASSISTANCE (Lines 4 + 5 + 6)
$154,318.00
8
GRAND TOTAL ALL EXPENSES (Lines 2 + 3 + 7)
$199,740.00
SECTION Il: Workplan and Deliverables
Type of Assistance
Estimated # of
Benefits to be
Provided
Estimated Cost Per
Benefit
Estimated
Expenditures**
(Est # x Est $)
Summer Home Energy
125
$300.00
$37,500.00
Winter Home Energy
125
$300,00
$37,500.00
Summer Crisis
161
$226.04
$36,392.44
Winter Crisis
173
$225.00
$38,925.00
Weather Related/Supply Shortage
15
$266.67
$4,000.05
TOT Lj
599
$154,317.49
* If less than 8.S% of Line 1 is budgeted for Administrative Expenses, the Recipient may increase the Outreach Expenses. The total Administrative Expenses
plus the total Outreach Expenses may not exceed the sum of the original maximum allowed for each of these line items.
I Total of Line 2 plus Line 3 may not exceed: 1 $44,392.35 1 Line 2 + Line 3 =
** Estimated Expenditues given in the Assistance Plan must agree with the corresponding values on Lines 4-7.
51!�
FY 2016 LIHEAP AGREEMENT
ATTACHMENT K
ADMINISTRATIVE AND OUTREACH EXPENSE BUDGET DETAIL (Lines 2-3 of Attachmant J)
SUBRECIPIENT: COUNTY OF MONROE AGREEMENT #: 16£A- 11-54-01-019
Instructions: On the form below, enter the detail of the figures listed on the Budget Summary. If more space is needed, copy this form
copy this form to another tab and name the new tabs "Budget Detail 1 ","Budget Detail 2", etc.
Line
Item
Number
Expenditure Detail
(Round all line items to dollars. Do not use cents and decimals in totals. Totals must agree with Attachment J)
LIHEAP FUNDS
ADMINISTRATIVE EXPENSES:
SALARY: SR. DIRECTOR
6,774.00
5% LIHEAP, 15%CCE, 20% MCT, 4% C1, 4% C2, 32% GENERAL REVENUE, 20% WAP
104 HOURS X $65.13/HR LOADED WITH FRINGE
SALARY`. SR. COMPLIANCE MANAGER
4,234.00
5% LIHEAP, 40% CCE, 5% MCT, 5% ADI, 5% CCDA, 5%C1, 5% C2, 30% GENERAL REVENUE
104 HOURS X $40.71/HR LOADED WITH FRINGE
MISC OTHER:
1) PHONE, POSTAGE, FREIGHT $269.00
2) PRINTING AND BINDING SUPPLIES $1000.00
3) OFFICE SUPPLIES $600.00
4) OPERATING SUPPLIES $600.00
5) MAINTENANCE AGREEMENT $2,500.00
(annual fee for maintaining internal data client tracking system)
TRAVEL: 1 person to the annual FACA training conference (airfare, meals, per diem)
1,000.00
TOTAL ADMINISTRATIVE EXPENSES:
16,977.00
OUTREACH EXPENSES:
SALARY: FULLTIME CASE MANAGER (INTAKE, ELIGIBILITY, PROCESS CASES)
9,394.00
15% LIHEAP, 85%GENERAL REVENUE
312 HRS X $30.11/HR LOADED WITH FRINGE
SALARY: STAFF ASSISTANTS- TWO (INTAKE, ELIGIBILITY) $8,253.00 X 2 EMPLOYEES
16,506.00
20% LIHEAP, 80%GENERAL REVENUE
416 HRS X $19.84/HR LOADED WITH FRINGE
TRAVEL: 1000 MILES X .445/PER MILE (ESTIMATED LOCAL MILEAGE)
445.00
TRAVEL: 1 person to the annual FACA training conference (airfare, meals, per diem)
1,000.00
OTHER: CONSUMABLE OFFICE SUPPLIES
600.00
POSTAGE FOR MAIL OUTS
500.00
TOTAL OUTREACH EXPENSES:
28,445.00
DIRECT CLIENT ASSISTANCE:
HOME ENERGY
49,935.00
CRISIS
WEATHER
4'000'00
TOTAL CLIENT ASSISTANCE
Ell
FY 2016 LIHEAP AGREEMENT
ATTACHMENT L
MULTI -COUNTY FUND DISTRIBUTION
SUBRECIPIENT: COUNTY OF MONROE
Number of Counties to be Served with this agreement:
AGREEMENT #: 16EA-OF-11-54-01-014
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
Description:
County Distribution Table (see Instructions Tabs for assistance completing this table)
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
$154,318.00
COUNTY ALLOCATION
MONROE
0
$0.00
0
$0.00
0
$0.00
0
$6.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
Total Budgeted Direct Client
Assistance*
0
0%
O.QO%
i otai county Allocation must be equal to Total Direct Client Assistance (Attachment), Budget Summary and Workplan, Line 7).
51
FY 2016 LIHEAP AGREEMENT
ATTACHMENT M
JUSTIFICATION OF ADVANCE PAYMENT
SUBRECIPIENT: COUNTY OF MONROE
AGREEMENT #: 16EA-OF-11-S4-01-019
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 200.449 of the OMB Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, and Attachment B, Section C of this Agreement. Check the applicable box below
(check only one).
=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 hiehliehteri in vPllnw
DESCRIPTION
(A)
(B)
(C)
(D)
FY 2013
FY 2014
FY 2015
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 TWO
#DIV/O!
#DIV/01
#DIV/01
#DIV/O!
MONTHS (Divide line 2 by line 1)
11 "P11 OCJ ills L — Ill— lW V IIIVl III ID 11 w )ILrl CAUCI I UI(UICS WCIC rupu/reu neea to oe prowa ea Tor 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: Cell D3
#DIV/0!
17 % CALCULATION: LIHEAP Award
$199,740.00
LIHEAP Award
Historical Advance
x
$199, 740.00
-
#DIV/0!
Percent of Award
Maximum Advance
x
17.00%
-
$33,955.80