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Item C08BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 09/17/2014 Division: Social Services Bulk Item: Yes X No _ Department: Social Services Staff Contact Person/Phone Sheryl Graham$j 305-29gi2- AGENDA ITEM WORDING: Approval of Modification #001 to the Federally Funded Low Income Home Energy Assistance Program (LIHEAP), grant Agreement # 14EA-OF-11-54-01-019 between Monroe County Board of County Commissioners (Monroe County Social Services) and the State of Florida, Department of Economic Opportunity. ITEM BACKGROUND: The Department of Economic Opportunity de -obligated funds from FY 13- 14 grant recipients who were unable to expend all their funding. The funds are reallocated to other agencies. Monroe County Social Services expended all the FYI 3-14 funding allocation and therefore is a recipient of a carryover award. Modification #001 increases the contract amount by $29,800 from $203,466 to $233,266. The $29,800 increase consists of carry over funds from previous LIHEAP FYI and a base increase in funding for the current FYI 4. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted by the BOCC on 1/16/14 of the Federally Funded Low Income Home Energy Assistance Program (LIHEAP) Grant Agreement #14EA- OF-11-54-01-019. CONTRACT/AGREEMENT CHANGES: This modification increases the base allocation from $203,466.00 to $233,266.00, amends Section (5), Section (5)(b), Section (14)(b), Section (I8)(a), Section (I8)(e), Section (18), Section (20)(f), Section (20)(1), Section (25), Section (26), Section (27), Section (28), and amends Attachments: I, J,K, and L. STAFF RECOMMENDATIONS: Approval TOTAL COST: S233.266.00 BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $0.00 SOURCE OF FUNDS: GRANT FUNDS REVENUE PRODUCING: Yes X AMOUNT PER MONTH Year NN APPROVED BY: County Atty �OMB/Purchasmg Risk Management' DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised 7/09 AGENDA ITEM # MUNQU2COUNTY BOARD OFCOUNTY COMMISSIONERS Contract with: WAP (DEO) CONTRACT SUMMARY Contract: # 14E/\- EtfezdveI)atc: Expiration Date: OF-l|-j4-0|-Ol9 o/|7/20|4 1/31/2015 Contract Purpose/Description: nfModification #UOltmthe current Low Income Home Energy Assistance Program (L federally funded Sub -grant Agreement Y4uuzbec |4E/\-0E-ll'54-O|-O|9between Monroe County Board of County, Commissioners and the State of Florida, Department of Economic Opportunity, (DE(}). Contract Shen/ 292-4510 8nckdScrvi l For BOCC meeting on 9/17/2014 Agenda Deadline: 9/2/2014 CONTRACT COSTS Total Dollar Value nfContract: $233,266.00 | Budgeted? Yes No Account Codes County Match: NA Additional Match: 0 Total Match $0 Estimated Ongoing Costs: $_ /yr (Not included in dollar value above) Current Year Portion: 125-6153514 - - - - - - - - - - - - ADDITIONAL COSTS (e.g. Maintenance, utilities, janitorial, salad CONTRACT REVIEW Date In Changes Needed Revie er Date, Out Division Director I-V Yes No v Risk Managem t Yes No Yes Nok7;` OMB Form Revised Z/27/01 MCP#2 LIHEAP J AGREEMENT NO: 14EA-OF-11-54-01-019 MODIFICATION NO: 00-1— MODIFICATION NUMBER ONE OF AGREEMENT FLORIDA DEPARTMENT OF • t OPPORTUNITY LOW INCOME#ENERGY ASSISTANCE PROGRAM AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Modification is made and entered into by and between the State of Florida, Department of Economic Opportunity, with headquarters in Tallahassee, Florida, hereinafter referred to as "DEO", and Monroe County Board of County Commissioners, hereinafter referred to as "Recipient" (each individually a "Party" and collectively "the Parties"), to modify DEO Agreement Number 14EA-OF-11-54-01-019, hereinafter referred to as the "Agreement." WHEREAS, Section (4) of the Agreement provides that modification of the Agreement shall be in writing executed by the Parties thereto; and WHEREAS, the Parties wish to modify this Agreement as set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: 1. Section (5), RECORDKEEPING, is hereby amended to add the following: (h) Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, or representatives of the federal government and their duly authorized representatives shall have access to any of Recipient's books, documents, papers, and records, including electronic storage media, as they may relate to this Contract, for the purposes of conducting audits or examinations or making excerpts or transcriptions. (i) Recipient will provide a financial and compliance audit to DEO, if applicable, and ensure that all related party transactions are disclosed to the auditor. 2. Section (5)(b) is hereby modified to add the following: 4. Recipient shall cooperate with DEO to facilitate the duplication and transfer of such records or documents upon request of DEO. Additional federal requirements may be identified in Attachment 1, Scope of Work, of this Agreement. 3. Section (14)(b) is hereby modified to read as follows: (b) The name and address of the DEO contract manager for this Agreement is: Gerald Durbin, Grant Manager Department of Economic Opportunity Division of Community Development Bureau of Community Assistance 107 East Madison Street, MSC-400 Tallahassee, Florida 32399-4120 Agreement Modification PaLye 1 of 6 • •850-717-8458 4. Section (18)(a) is hereby modified to read as follows: (a) This is a cost -reimbursement Agreement. Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $233,266, subject to the availability of funds and appropriate budget authority. The Recipient is authorized to incur costs in an amount not to exceed $233,266 until further notification is received by DEO. As funds and budget authority are available, changes to the costs Recipient may incur will be accomplished by notice from DEO to Recipient's contact person identified in Attachment I, Recipient Information. The terms of this Agreement shall be considered to have been modified to allow Recipient to incur additional costs upon the Recipient's receipt of the written notice from DEO. This revised contract amount includes: A. $ 203,466 Current LIHEAP Allocation (FY 2014-2015) B. $ 29,800 FY14-15 Base Increase (includes FY13 Carryover) C. $ 233,266 Total Modified LIHEAP Allocation 5. Section (18)(e) is hereby modified to read as follows: (e) If Recipient receives an advance, Recipient shall expend 90% of the amount of the advance every two months, beginning with the first month of reported expenditures. DEO shall track Recipient's expenditures and may reduce reimbursements if expenditures fall below 90%. 6. Section (18), FUNDING/CONSIDERATION, is hereby amended to add the following: (f) Recipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. (g) Recipient shall refund to DEO any balance of unobligated funds which has been advanced or paid to Recipient. (h) Recipient shall refund to DEO all funds paid in excess of the amount to which Recipient or its subcontractors are entitled under the terms and conditions of the Agreement. 7. Section (20)(f) is hereby modified to add the following: Recipient affirms that it is aware of the provisions of section 287.133(2)(a), F.S., and that at no time has Recipient been convicted of a Public Entity Crime. Recipient agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement in accordance with section 287.133(4), F.S. agreement Modification Page 2 of 6 8. Section (20)(1) is hereby deleted in its entirety and replaced with the following: Recipient shall include the requirements of Section 5, RECORDKEEPING, and Section 7, AUDIT REQUIREMENTS, in all approved subcontracts and assignments. 9. The following is added as Section (25), EMPLOYMENT ELIGIBILITY VERIFICATION: 1. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO contracts in excess of nominal value to expressly require Recipient to: a. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Recipient during the Agreement term; and, b. Include in all subcontracts under this Agreement, the requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractors during the term of the subcontract. 2. E-Verify is an Internet -based system that allows an employer, using information reported on an employee's Form 1-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and elections of federal Recipients, however, may vary, as stated in Article II.D.1.c. of the MOU. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at: http:jjwww.dhs.govjfilesj proRramsj�c 1185221678150.shtm 3. If Recipient does not have an E-Verify MOU in effect, Recipient must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Agreement. 10. The following provision is added as Section (26), DISCRIMINATORY VENDOR: Recipient affirms that it is aware of the provisions of section 287.134(2)(a), F_S., and that at no time has Recipient been placed on the Discriminatory Vendor List. Recipient further agrees that it shall not violate such law during the term of this Agreement. 11. The following provision is added as Section (27), PAYMENT AND DELIVERABLES: Recipient shall be reimbursed monthly for expenditures reported on its Monthly Financial Status Report as described in Attachment C, Reports. Reimbursement shall be determined by successful completion of Deliverables on a quarterly basis. (a) "Deliverables" are defined as the expected total number of benefits to be provided as identified in Attachment J, Budget Summary, Workplan and Deliverables. Deliverables shall be reported monthly on Recipient's Financial Status Report as described in Attachment C, Agreement Modification Page 3 of 6 (b) Successful completion of the Deliverables shall be determined by the percentage of benefits provided per quarter as compared to the expected total number of benefits to be provided. The ending dates of the quarters are June 30, September 30, December 31, and March 31. L As of June 30, Recipient shall have provided, at a minimum, 10% of the overall expected number ofbenefits tobeprovided. Z. As of September 30, Recipient shall have provided, at a minimum, 40% of the overall expected number ofbenefits tobeprovided. 3. As of December 31, Recipient shall have provided, at a minimum, 6096 of the overall expected number ofbenefits tnbeprovided. 4. As of March 31, Recipient shall have provided, at a minimum, 8096 of the overall expected number ofbenefits tobeprovided. /d Recipient shall provide an explanation, acceptable to DEO, each time the minimum percentage stated above for each quarter is not successfully completed. (d) In the event DEO determines Recipient has not successfully completed the deliverables, DEO shall withhold payment until the deliverable isdeemed acceptable. 12. The following provision is added as Section (28), FINANCIAL CONSEQUENCES: /a> |fRecipient fails to submit an explanation as stated in Section (27)(c) above or in the event DEO rejects the explanation provided, Recipient shall pay to DEO financial consequences for such failure, unless DEO waives such failure in writing based upon its determination that the failure was due to factors beyond the control of Recipient. 1. DEO shall notify Recipient if an explanation is required. Recipient has five (5) days from the date ofnotification tosubmit the explanation. U\ If an explanation is not received within the five (5) days provided in subsection 1. above, then financial consequences shall be assessed in accordance with subsection 2., below. (ii) |fRecipient's explanation isdeemed unacceptable bvDEO, Recipient has five (5} days from the date of notification of such failure to cure by submitting an explanation deemed acceptable by DEO. If Recipient's explanation is not received or deemed unacceptable by DEO, then the financial consequences shall be assessed inaccordance with subsection I In the event financial consequences are assessed in accordance with this Section, they shall beassessed msfollows: $10.00per day, uptoamaximum of$IOO.00 until the explanation isreceived and accepted byDEO, (b) Any amounts due under this financial consequence shall be paid by Recipient out ofnon- federal A(Yrmeneu/Modification 13. Attachment I, Recipient Information, is hereby deleted in its entirety and replaced with Amended Attachment I (if applicable). 14. Attachment J, Budget Summary and Workplan, is hereby deleted in its entirety and replaced with Amended Attachment J, Budget Summary, Workplan and Deliverables. 15. Attachment K, Budget Detail, is hereby deleted in its entirety and replaced with Amended Attachment K. 16. Attachment L, Multi -County Fund Distribution, is hereby deleted in its entirety and replaced with Amended Attachment L (if applicable). 17. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. 18. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Agreement Modification Page 5 46 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FEDERALLY FUNDED SUBGRANT AGREEMENT MODIFICATION SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have executed this Modification by their duly authorized officers on the day, month and year set forth below. RECIPIENT Monroe County Board of County Commissioners (Type Legal Name of Recipient) M (Type Name and Title Here) Date: Federal Identification Number DUNS* Number *Data Universal Numbering System M 4p€ .' f y IOU Date STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY M William B. Killingsworth, Director Division of Community Development Date: Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. Office of the General Counsel Department of Economic Opportunity Agreement Modification Page 6 of 6 FY2014 LIHEAP AGREEMENT AMENDED ATTACHMENT I RECIPIENT INFORMATION FEDERAL FISCAL, YEAR: 2014 AGREEMENT PERIOD: Date of Signing or March 1, 2014 through March 31, 2015 Instructions Complete the blanks highlighted in yellow. I or item II1, put an " k" in whichever highlighted box applies to your agency. I. RECIPIENT: MONROF. COUNTY BOCC AGREEMENT #: 14F:.1-OF-11-54-01-019 IL Agreement Amount: S233,266.00 IIL RECIPIENT CATEGORY: Non -Profit IV. COUNTY(IES) TO BE SERVED WITH THESE FUNDS: V. GENERAL ADMINISTRATIVE INFORMATION Total Direct Client Assistance: Mx Local Government State Agency MONROIF, a. Recipient County Location: MONROF. b. Executive Director or Chief Administrator: SIIERYL GRAIIAM Address: 1100 SIMONTON ST SUITE 2-257 City: KEY WEST FI, Zipcode: 33040 Telephone: 305-292-4511 Fax: 305-295-4359 Cell; Email: I sham- hcnl iiimonroecounty-fl.gov Mailing address if differentfrom above Mailing Address: same Cih>: FI, Zipcode: c. Chief Elected Official for Local Governments or President/Chair of the Board for Nonprofits: Name: SYLVIA MURPHY Title: COUNTY MAYOR Address*: 102050 O/S HWY SUITE 234 City: KEY LARGO Fl. Zipcode: 33037 Telephone: 305-453-8787 Fax: Email: murph� Sylvia u;-mom'oecounty-fl.gov *Enter home or business address, telephone numbers and email other than the Regz ient's d. Official to Receive State Warrant: Name: AMY HEAVILIN Title: DEPUTY CI,F:RK Address: 500 WHITFIIEAD STREET City: KEY WEST PI, Zipcodc 33040 e. Recipient Contacts 1. Program: Name: SHERYL GRAHAM Title: SR SOCIAL SERVICES DIRF?CTOR Address: 1100 SIMONTON ST SUITE 2 257 Citti: KEY WEST FI, Zipcode: 33040 Telephone: 305-295-4511 Fax: 305-2954359 Cell: Email: graham-�her1 IUmonroecount-tl.goy 2. Fiscal: Name: AMY HEAVILIN Title: Dh.PU'lY CLERK Address: 500 WHITEHEAD STREET City: KEY WEST FL Zipcodc: 33040 Telephone: 305-292-3560 I^ax: Cell: Email: amvheavilin(7a,monroe-clerk.com f. Person(s) authorized to sign reports: Name: SHF'RYLGRAHAM Title: SR SOCIM, SERVICES DIRF.Cl'OR Name: KIM W WVEAN Title: COMPLIANCE, MANAGER Name: Title: g. Recipient's FEID Number: 59-6000749 It. Recipient's DUNS Number: 73876757 V. AUDIT DUE DATE: Audit(sj are due by the end of the Ninth month following the end of the agency's fiscal year. Recipient Fiscal Year: October 1, 2013 thru September 30, 2014 Audit Due to D F.O: June 30, 2015 Page 40 FY 2014 LIHEAP AGREEMENT AMENDED ATTACHMENT J BUDGET SUMMARY, WORKPLAN AND DELIVERABLES FOR DEO USE ONLY Recipient: MONROE COUNTY BOCC Mod No: FS Reviewed: Agreement #: 14EA-OF-11-54-01-019 FS Rev. Date: SE I1JNL SUMGE T SUMMARY y. B. C. D. TOTAL. LIHEAP FUNDS ONLY Last Approved Increase/Decrease Modified Budget to Budget Budget Amount B + C I TOTAL FUNDS 203,466.00 29,800.00 233,266.00 ADMINISTRATIVE EXPENSES (Cell2D cannot exceed 8.5% o Cell 1D) Maximum AdministrativeExpenses: 1 $19,827.61 2 Salaries incl Fringe, Rent, Utilities, Travel, Other 17,294.00 2,533.00 19,827.00 OUTREACHEXPENSES (Cell3D cannot exceed Cell 1D minus Cell 2D times .15) Maximum Outreach Expenses: 1 $32,015.85 < 3 Salaries ind Fringe, Rent, Utilities, Travel, Other 27,925.00 4,090.00 32,015.00 Home Energy Assistansce 4 0114D mast be at least 25 % ajCell ID 62,500.00 9,950.00 72,450.00 Minimum Home Energy: $58 316.50 5 Crisis Assistance 91,260.00 11,445.00 102,705.00 Weather Related / Supply Shortage / Disaster 6 Cell6D mast be at least 2% of Cell I D 4,487.00 1,782.00 6,269.00 Minimum Weather Related: $4 665.32 Subtotal Direct Client Assistance 7 158,247.00 23,177.00 181,424.00 (Line 4 +Line 5 +Line 6) 8 GRAND TOTALS 203,466.00 1 29,800.00 233,266.00 SECTION IL WORKPLAN AND DELIVERABLES Type of Assistance Last Approved Estimated Number of Benefits to be Provided # of Households REPORTED as of most recent Quarterly Report Amended Estimated Number of Benefits to be Provided Estimated Cost Per Benefit** Amended Estimated Expenditures*** Summer Home Energy 125 43 240 175.00 42,000.00 Winter Home Energy 125 0 203 150.00 30,450.00 Summer Crisis 201 113 245 1 205.00 50,225.00 Winter Crisis 151 0 256 205.00 52,480.00 Weather Relataed/Su ly Shortage/Disaster 16 0 25 250.00 6,250.00 TOTAL 618 156 969 181,405.00 * If less than 8.5"b of Line 1 is budgeted for Administrative Expenses, the maximum allowed for Outreach Expenses ma}be increa_ ed. The total .Administrative Fxpenses plus the total Outreach Expenses may not exceed the sum of the original maximum allowed for these items. "Total of Line 2 plus Line 3 may not exceed: s,51,843. Ili Amount budgeted Line 2 +Line 3 = $.11,R l2.{10 *" Estimated Cost per Benefit must be based on the agencv's historic average cost or an explanation provided. ,-> Fstimated Expenditure must agree with the correspondingg values on Lines 4-7. FY 2014 LIHEAP AGREEMENT AMENDED ATTACHMENT K ADMINISTRATIVE AND OUTREACH EXPENSE BUDGET DETAIL (Lines 2-3) Recipient. MO\ROF. COUN-1 Y BOCC Agreement #: 141:,\0E-11-54-01-019 11hfr7rel.+or.r: C7r: tine l�,rnr below, <nt r?�=> ri~-tan rJ J: aaxr,, lisizd nn lmenderi 1 aacGmeru I. Ij mare t u , it ntcr/tef. ,�j 1 rJ,is�i� oJ;, tJ,i.� h� to arza;herlau- ar<a rt zn,at?�e r<vr .afi.. `B; iyet t�etai,' t Rrul��,' r>>r�il2" rtc Line Expenditure Detail Item 1,111F 1P H'NDS Number (Round all line items to dollars. Do not a,e cents and decimals in totals. Totals must ag ee with Amended Attachment)) 2 ADMINISTRATIVE EXPENSES: salary: Sr. Director 4,900.00 10% LIHEAP, 15%CCE, 20% MCT, 4% C1, 4% C2, 27% GENERAL REVENUE, 20% WAP 104 HRS X $47.12/HR LOADED WITH FRINGE salary: Sr. Compliance Manager 9,435.00 12% LIHEAP, 40%CCE, 5% MCT, 5% ADI. 5% CCDA, 5% C1, 5% C2, 23% GENERAL REVENUE 250 HRS X $37.74/HR LOADED WITH FRINGE MISC-OTHER: 4,742.00 1) PHONE, POSTAGE, FREIGHT- 242 2) PRINTING AND BINDING SUPPLIES - 500 3) OFFICE SUPPLIES 500 4) OPERATING SUPPLIES 500 5) RENTAUCOPIER 500 6) MAINTENANCE AGREEMENT 2500 (annual fee for maintaining internal data client tracking system) TRAVEL: 1 person to the Annual FACA training conference (airfare, meals, per diem) 750.00 TOTAL ADMINISTRATIVE EXPENSES 119,827.00 OUTREACH EXPENSES salary: FULL TIME CASE MANAGER (INTAKE, ELIGIBILITY) 12,529.00 20% LIHEAP, 80% GENERAL REVENUE 416 HRS X $30.12/HR LOADED WITH FRINGE salary: STAFF ASSISTANTS (TWO INTAKE, ELIGIBILITY) $8253.00 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) 1,600.00 Other: (consumable office supplies such as postage for mail outs, equipment) 935.00 TOTAL OUTREACH EXPENSES 32,015.00 DIRECT CLIENT ASSISTANCE: 181,424.00 HOME ENERGY -2,450.00 CRISIS 102,-05.00 WEATHER 6,26200 Page 42 FY 2014 LIHEAP AGREEMENT AMENDED ATTACHMENT L MULTI -COUNTY FUND DISTRIBUTION Recipient: MONROE COUNTY BOCC Agreement #: 14EA-OF-11-54-01-019 Number of Counties to be Served with this Agreement: ONE If the Recipient willserve 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. �Pov eM Population Data Souce: Provide the U. S. Census data source for the 150% of poverty population used including the year of the data. If any other data or factors are used in allocating the funds, describe and give the source. US CENSUS 2010 Data Source and Description: 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 $181,424.00 COUNTY ALLOCATION MONROE _16.7'` 100% 181,424.00 100.0% Total Budgeted Direct Client Assistance* 16.7 100% 181,424.00 100.0% * Allocation must be equal to Amended Attachment J, Budget Summary, Workplan and Deliverables, Line 7. Page 43 Meeting Date: 01/16/14 Bulk Item: Yes X No :i•'i i 1 I ffial� i Division: County Administrator Department: Social Services Staff Contact Person: AGENDA ITEM WORDING: Approval of the Low Income Home Energy Assistance rogram Federally Funded Sub grant Agreement Number 14 EA-OFI 1-54-01-019 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Economic Opportunity for the provision of funds to pay electric bills for low income clients. ITEM BACKGROUND: This is a reoccurring agreement. There is no match required by Monroe County. This is a cost reimbursement agreement. This agreement allows Monroe County Social Services to provide financial assistance to low income residents in order to assist them with paying past due energy bills. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted for the Low Income Home Energy Assistance Program Contract Number 13EA-OF-11-54-01-019 on 2/20/13. CONTRACT/AGREEMENT CHANGES: Not applicable. STAFF RECOMMENDATIONS: Approval TOTAL COST: $203,466.00 COST TO COUNTY: $0 (no match required) BUDGETED: Yes X No _ SOURCE OF FUNDS: Grant funds REVENUE PRODUCING: Yes No X AMOUNT PER: MONTH: YEAR: APPROVED BY: County Atty � ONO/Purchasing V Risk Management DOCUMENTATION: Included X Not Required To Follow DISPOSITION: AGENDA ITEM # Revised 8/06 CONTRACT SUMMARY Contract with: LIHEAP (DEO) Contract: # 14EA- OF- 11-54-01-019 Effective Date: 3-01-2014 Expiration Date: 3-31-15 Contract Purpose/Description: Approval of the Low Income Home Energy Assistance Program Federally funded Subgrant Agreement Number 14EA-OF-1 1-54-01-019 between Monroe County Board of County Commissioners and the State of Florida, Department of Economic Opportunity for the provision of funds to pay electric bills for low income Monroe County residents. Contract Manager: Sheryl Graham 305-292- Social Services/Stop 1 4510 (Name) (Ext.) (Department/Stop For BOCC meeting on 1/16/2014 Agenda Deadline: 12/30/2013 CONTRACT COSTS Total Dollar Value of Contract: approx. $203,466.00 Current Year Portion: $ — 203,466.00 Budgeted? Yes X No 0 Account Codes: 125-6153514 County Match: -0- Additional Match: Total Match $0 ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salan CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes 0 No,7 Risk Management Yes 0 No/61� 2,/! O.M.B./Purchtng IZ AA A. Yes l-D No County Attorney Yes 0 N94 Comments: OMB Form Revised 2/27/01 MCP #2 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY CFD_\Numbcr: 93368 Contract Number: 141',\-011- 11-54-01-019 FEDERALLY -FUNDED SUBGRANT AGREEMENT 'I'l IIS entered inTo by the. State of Florida, Department of Fconoinic Opportunity,'�vith headquarters in'T'allahassec, Florida (hereinafter referred to as "DI"O"), and 'Monroe County Board of County Con-imissioners, (hereinafter ter rcf - erred to as the "Recipient"'). I I S G RI -'I -,,\ 11 -NT IS ENTI 'RI 'D IN TO 11 _\SFD ON 'I'l 11" 1:01 J,(AVING ,V 'I'lieRecipiciitrepresciitstli,-ttltisftil]N-qti,,ilifiedit-ideligil)letorecci�-ethcsegr,-ti-itfiiiidstol-)ro\-idethc services identified herein; and B. DF0 has received these grant funds from the State of Florida, and has the authorit-.\- to subgrant these funds to the Recipient upon the terms and conditions below; and C. DF0 has statutorvauthority to disburse the funds under this Agreement. TI ll,'Rl-, 1, ORE, DEX) and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with Attachment .\ and .\ttachment-I of this Agreement. (2) INCORPORATION RULDS—REGULATIONS AND POLICIES The Recipient and DE0 shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD 01"AGREEMENT This Agreement shall begin upon execution by both parties or Nlarch 1, 2014, whichever is earlier, and shall end on '\larch 31. 2015, unless terminated earlier in accordance with the provisions of Paragraph (13) of this Agreement. (4) MODIFICATION OF (-()N-f'R-\(.T Fither party may request modification of the provisions of this .\greemerit. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement, '5) Rl-'C0RDKFl-"PlN(; (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: ['niform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or 0,%IB Circular No. .\-I 10 (flow 2 CIFR part 215). "Grants and Agreement., with Institutions of I ligher Education, hospitals, and Other Nonprofit Organizations," and either (),,\IB Circular No. .\_87 (nosy 2 CFR Part 225), "Cost Principles for State and Local Gm-ernments." ().'\fB Circular No. _\-21 (no-\v 2 CFR Part 2201,\"Cost Principles for Iducational histitutio, s," or 0\ I Circular No. .\-122 'no,,,- 2 CI'R Part 230), "Cost Principles for Nonprofit Organizations." If this \greement is made v6d) a commercial (for profit; organization on a cost reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931,2. Page 1 'bi all records pertaining to this Agreement, including but not lunitcd to, supporting documentation and records sufficient to demonstrate compliance «ith the term,, of the \greemerit including personnel and financial records and reports related to the iobs, .ages, and cumulative investment required under this .\greement, shall be retained by the Recipient for five fiscal ,•ears after completion of the project, which includes satisfaction of all reporting requirements and receipt of all payments due under the \grcennent, provided applicable audits hay e been released, or fire t-cars after the date that an audit repoft is issued, , hiche\ er is longer. The fire y car period may be extended for the follo-\ving exceptions: 1. If any litigation, claim or audit is started before the title year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non expendable personal property valued at S5,000 or more it the time it is acquired shall be retained for fire years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of Attachment J and Attachment K to this Agreement and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from � ,-funds provided under this Agreement, shall allow access to its records at reasonable times to DEO and its emplovees and agents. "Reasonable" shall ordinan*ly mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "agents" shall include, but not be limited to, auditors retained by DEO. (e) The Recipient may, per Rule 1B-24.003(9)(a), Florida Administrative Code, allow its public records to be stored through electronic recordkeeping systems as substitutes for the original or paper copy. (0 The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. Z These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by DI O. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, :Monday through Friday-. (6) PUBLIC RECORDS REQUIRI iNIENTS:11 Recipient must notify- DEC), both by e-mail and first class mail, within one business day from receipt of all rcquestis) for public records, as a public record is defined in Section 119.011, Fla. Stat. In accordance with Chapter 119 of the Florida Statutes, Recipient shall be responsible for responding to all public records requests per the cost structure provided for records shade or received be Recipient in conjunction Frith the \greetnent, unless the records are exempt from section 24'al of \rticic I of the State Constitution and Section 1 I9-( `F, I la. Star. 'notice of public records requests receitec. In- the Recipient shall be e-mailed to PIUCc,ue�,t U LICt) f;P, flolf j_ (,r,) and mailed to: Page 2 Records Coordinaroi Department of 1'.conolnic 10- Fast Nladisoir Street Tallahassee, Florida 32399 Office: (850" _'43- 140 Recipient shall allow public access to all documents, papers, letters or other materials made or received by Recipient in conjunction with this Agreement, unless the records are exempt from section 24{a) of .article 1 of the. State. Constitution and subsection 119.071), F.S. DEO reserves the right to unilaterally cancel this Agreement for Recipient's refusal to comply with this provision. Recipient shall transfer, at no cost to DEC), all public records upon completion or termination of the Agreement, and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. .all electronic records shall be provided to DEO in a DEO-compatible format. () 1UDIT REOL'IRENIE TS (a) The Recipient shall have all required audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Star. The IPA shall state that the audit complied with the applicable provisions noted in Exhibit 1 to this Agreement. (b) The audit must be received by DEO no later than nine months from the end of the Recipient's fiscal gear. The audit must be submitted in accordance with the requirements of Exhibit 1 to this Agreement. (c) If an audit shows that all or any portion of the funds disbursed were not spent in accordance with f a` the conditions of this Agreement, the Recipient shall be held liable for reimbursement to DEO of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty calendar days after DEO has notified the Recipient of such non-compliance. (d) Within sixty calendar days of the close of Recipient's fiscal year, on an annual basis, Recipient shall electronically submit a completed Audit Compliance Certification (a version of this certification is attached hereto as Exhibit 2 of this Agreement) to audit(ideo.mytlorida.com. Recipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, giants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and Recipient. (S) REPORTS (a) The Recipient shall provide. DEO with all required reports as sex forth in lttachment C to this Agreement. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in .attachment a and the expenditure of funds under- this Agreement, in addition to any other information requested by DI?O. b; If all required reports and copies are not sent to DFO or are not completed in a manner acceptable. to Dl .O, DFO may withhold further payments until the\ are completed or may take other action as stated in Paragraph ' 12;" of Il2s ��reemet."lccepttblcttDl�. " 'leans tn.:t i1e 1o11 product was LJ'_n71ci{Lin. aCC1r.:31Ct1Titi �r ittacbirent .1, �ttacl meat �, and _ itachnnent IL of dus Agreement. Page (c) The Recipient shall proyidc additional program upda.res, reports, or information as tray be required by DFO The Recipient shall monitor Its performance under this agreement, as well as that of its subcontractors and 'or consultants :,-ho are paid from funds pro ided under this \greenent, to ensure that the. `cope of \ ork and other performance goals are being achiet-c-Cl. 1 rez-ie,A shall be done for each function or acnvirti- in Attachment A to this _Agreement. In addition to reviews of audits conducted in accordance with paragraph 7) abor-e, monitoring procedures may include, but not be limited to, on -site visits by DEC) staff, limited scope audits, and/or other procedures. The Recipient, and all subrecipients, agree to comply -,yith the most recent monitoring manual provided by DFO, and cooperate with any monitoring procedures/processes deemed appropriate by DEC). In the event that DEC) determines that a limited scope review of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by DEO to the Recipient regarding such review. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, DEO will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (1 Q) LIABILITY (a) Unless the Recipient is a state agency or subdivision, as defined in Section 76828, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold DEO l '''armless against all claims of Nyhateyer nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, the Recipient agrees that it is not an employee or agent of DEO, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768 28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against DEO, and agrees to be liable for any damages proximately caused by its acts or omissions to the extent set forth in Section 768 28, Fla. Star. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to-vvhich sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (I I) DEFAULT If any of the follotying events occur ("Events of Default"), all obligations on the part of DEC) to make further payment of funds under this Agreement shall terminate, if DEC) so elects, and DEC) may exercise anti of its remedies set forth in paragraph (12) of this -Agreement I lotret-er, DFO mats make paE ments or partial payments after any Events ents of Default �,yirhout ,,-aivino the right to exercise such remedies, and without becoming It to make any further payment: a) It ant- \yalrann_ or representation made by the Recipient in this .\greenZent or any preylous agreement with ICI X) is or becomes false: or misleading in any respect, or if the Recipienr fails to kectp or perform any of the Page 4 obligations, icrrns or covcnarits in this Agreement or any previous agi-celliclit -,vilh DFO and Ills not cured them In timely fashion, or is unable or uwAilling to meet its obligations under this Agrecincrir, If material adverse changes occur in the financial condition of the IZccIplc1-1t at any time during the term if this Agrecinclit, and the Recipient fails to cure this adverse change -\vithin tliirr\- calendar days from the date written notice is sent I)v DF( (c) If ariv reports required I)v this _agreement have not been stibrnitted to DE() or have been ;ubli-lirred , I . with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in tirucly fashion any of its obligations under this Agreement. 12) _MEDI FS RE_ If an Event of Default occurs and DEC)provides -,,-ritten notice to the Recipient, DISC) may exercise any one or more of the following remedies, either concurrently or consecutively; {a) Terminate this Agreement if the Recipient has not cured the default within thirty calendar days of receipt of written notice of an Event of Default; ()) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ? issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities in question, or 4. require the Recipient to reimburse DEO for the arnoutir of costs incurred for any items determined to be ineligible; and (e) Exercise any other rights or remedies which may be otherwise available under law. (f) Pursuing any of the above remedies will not keep DEO from pursuing any- other remedies in this Agreement or provided at law or in equity. If DEO waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect., extend or waive any other right or remedy of DEO, or affect the later exercise of the same right or remedy by DEO for any other default by the Recipient. (13) TERMINATION � '- DEO may terminate this Agrecincrit for cause with thirty- calendar days \vritten 'cc. Cause includes \a) 1 1 1 notice. misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perforin in a timer manner, failure to cure an F.Verit of Default within thirty calendar days from receipt of the notice, or refusal by the Recipient to permit public acces,, to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Star., as amended. Page 5 !b) DI_() ma%- terminate this agreement for convenience or when it determines, in its sole discretion, ghat continuing the Agreement ,C-ould not produce beneficial results In line ,viih the further expenditure o funds, by proy-iding the Recipient with thirty calendar days prior yvritten notice. ( c The parties I:nay- atirce to terminate this agreement for their nnutual co rn-cr vice fln-ough a written amendment of this Agrcclnerit. The amendment shall state the etfectiy-e date Of the tern in, tic>n and the procedures for proper closeout of the agreement. "d) If DI:() issues a notice of Event of Default, the Recipient shall not incur new obligations during the thirty- day- cure period. If DE() determines that the Recipient has cured the event of Default within the thirty day cure period, DI;( ) \y,-il1 proy-ide notice to the Recipient that it may resume incurring nc\y- obligations. Costs incurred for new obligations after receipt of the notice of Event of Default will be disallowed. The Recipient shall not be relieved of liability- to DEC) because of any breach of this .Agreement by the Recipient. DEC) may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due DEC) from the Recipient is determined. (14) NO`ITC AND CONTACT (a) -All notices provided under or pursuant to this Agreement shall be in writing delivered, by standard mail or electronic mail, to the representative identified below at the address and email set forth below and said notification attached to the original of this Agreement. (b) The name and address of the DEO contract manager for this Agreement is: Paula Lemmo, Bureau Chief Department of Economic Opportunity Division of Community- Development Bureau of Community- Assistance 107 East Madison Street, DISC 400 Tallahassee, Florida 32399-4120 Email: paula.lemmo@deo.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this .Agreement is stated in attachment I of this Agreement. (d) In the event that different representatives or addresses are designated by either party- after execution of this agreement, notice of the name, title and address of the neyv representative will be provided as stated in Paragraph (14)(a) above. A5" SL,BCONTRIACTS If the. Recipient subcontracts any of the yvork required under this agreement, a copy- of the unsigned subcontract must be forwarded to DE() for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that 6the subcontractor is bound In the terms of this Agreement, ;'ii the subcontractor is bound by all applicable state and federal laws and regulations, and iiii, the subcontractor shall hold DI :() and the Recipient harmless against all claims of yy-hatcy-er nature Mixing our of the subcontractor's perforinancc of Page 6 \N mro, fio,lrd 4 Coamr\ ( -01111111slll ,11, r, work under this Agreement, to the extent allowed and required bN la-\v. The Recipient shall document III the quarterly report the subcontractor's progress in performing its -work under this Agreement. For each subcontract, the Recipient shall provide a \vrincri statement to DF( ) a., to v,-hether that subcontractor is a 1,11illorin- vendor. as defined in Section 288, 103, Fla. Stat. (16", TI `R. -'\, I S - \ '\ I ) ( X )N I ) ITI ( )\S This Agreement contains all the terms and conditions agreed upon by the parties. `17) AYFACI UNIENTS "a., All attachment,; to this Agreement are incorporated as if set out full\, herein, (1)), 111 the event of an,\- inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but onIv to the extent of the conflict or inconsis tell CN, (c' '['his Agreement has the following attachment,; ;check all that are applicable) r��" V Exhibit I - Audit Requirements\j - Exhibit I -A — Funding Sources Exhibit 2 — Audit Compliance Certification 'V71 Exhibit 3 — Notice Regarding Collection of Social Security Numbers r�71 Attachment A V\j - Scope of Work Z Attachment B - Program Statutes and Regulations r�71 Attachment C V\i -Reports Z Attachment 1) - Property Management and Procurement M71 Attachment I_,' - Statement of Assurances F-1 Attachment F— Special Conditions Z Attachment G - Warranties and Representations r�71 Vj Attachment II - Certification Regarding Debarment f'71 V\i Attachment I - Recipient Information Attachment - Budget Summan- and Workplan Z Attachment K - Budget Detail r�71 V\j Attachment I. - 1%lulti-County- Fund Distribution Z Attachment M --,justification of .Advance Payment (18) (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the sarisfacton, performance of work hereunder in an amount not to exceed S203,466, subject to the availability- of funds and appropriate budget authority. L'ntil DEC) provides further notice to the Recipient, however, the Recipient is only authorised to incur costs in an amount not to exceed Sl 11.906. As funds and budget aurhorit.\ are available, changes to the costs the Recipient may incur \-,-III be accomplished by %xi-itten notice from DF() to the Recipient's contact person identified in Attachment 1, The term,,, of the Agreement shall be considered to have been modified to allov,- the Recipient to incur additional costs upon the Recipient's receipt of the written notice from DFO. Page 7 "b .1ny advance payment under this Agreement is subject to Section 216.181G'161, Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of DEC? under Paragraph (13; (b` of this Agreeilient. I lic amount which may be adi-arced rna` nor exceed the expected cash needs of the Recipient tirh n the first three months of the tcrtn of the .lgrcet ent. lny ad�-ance pa;tnent is also sub;ect to federal OMB Circulars : 87 'nc ,:,('1 R Part �7)5;, A -I 1() 'note 2 CFR Part 2131, 1-122 ;no,,-,- 2 CIR Part 230 acid the Cash Managcmcnt Improv etnent ..'act of 199(). If all advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as \ttachmerit M. lttachmcm M will specify the amount of adyarice pay tnerit needed and provide an explanation of the necessity for and proposed use of these funds. c) The Recipient trust expend an amount equal to or greater than the amount of the initial advance Within the first three months of the term of the Agreement. If the. Recipient has not expended an amount equal to the initial advance by the end of the first three months of the term of the Agreement, the Recipient shall submit a written explanation to DEO. Dh:O will deduct the unexpended amount of the initial advance from the Recipient's reimbursement amount until the unexpended amount is recovered in full. (d) After the initial advance, if any, payment shall be made on a reimbursement basis. The Recipient agrees to expend funds in accordance with Attachment A, Attachment), and Attachment K of this Agreement. (e) If the Recipient receives an advance, reimbursements for the first four months of the term of the Agreement in which expenditures are reported shall be reduced by t%venry-five percent of the initial advance per month, unless Recipient submits a written request documenting extenuating circumstances and receives DEO's written acceptance. f If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under Subparagraph (20)(h) of this Agreement, all obligations on the part of DEO to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty calendar days of receiving notice from DEO. (19) REPAYMENTS All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of "Department of Economic Opportunin-" and mailed directly to DEO at the following address: Department of Economic Opportunity Division of Community Development Bureau of Community Assistance 107 Fast Madison Street, DISC 400 Tallahassee, Florida 32399-4120 In accordance with Section 213.34(2), Fla. Stat., if a check or other draft is returned to DIO for collection, the Recipient shall pay to DEC) a scivice fee. of Fifteen Dollars `SI5.00 or Fire Percent 3" o) of the face amount of the returned check or draft, whichever is greater. 2i)) li'L'VDA"1'FD C( )'ti,DI"I'IC)NS a) I' 1c valic ttr of tuts Agreement is subtcct to the truth aid accuracy of all the information, representatlous, and materials submitted or provided be the Recipient in this _igrcement, in anZ later submission or Page 8 response to a DF( ) request, or in ant- submission or response to fulfill the requirements of this Agreerrient. Ali of said information, representations, and materials are incorporated by reference. The inaccuracy of the subiuissions or anti - material changes shall, ar rile option of DI O and «ith third- calendar days writteru notice to the Recipient, cause the ecru, trtatton of this .Aoreeinent and the. release of DFO from ail its obligation; to the Recipient. h) This :Agreement shall be construed under the la -,vs of the Sratc of Florida, and venue for ant- actions arising out of this Agreement shall be in the Circuit Court of Leon C rn in-N-. If any- provision of this .Agreement is in c0uflict with any applicable statute or rule. or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate ant- other provision of this Agreement. 'ci :Any- power of approval or disapproval granted to DIJ ) under the terms of this :.Agreement shall survive the term of this Agreement, original. (d This ;Agreement mal be executed in anv number of counterparts, ariv one of which may be taken as in e) The Recipient agrees to comply- with the Americans With Disabilities _Act (Public Law 101-336, 42 U.S.C. Section 12101 et scU.), and the F lorida Cis i1 Rights and Fair lousing :lets )sections 760.01 — ?60.37 Fla. Star.), which prohibit discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, state and local government services, and teleeonununieations. (f) A person or organization who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriininatory Vendor list may not submit a bid on a contract to provide array goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a :,,:,public building or public work, may not submit bids on leases of real property to a public entire, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract NVith a public entity, and may not transact business with any public entity in excess of S25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory- Vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or Voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a three-year period preceding this proposal been convicted of or had a civil judgment tendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery-, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or othcivcisc criminally or civilh- charged by a got ersimental entire - `federal, state or local' frith commission of any offenses enumerated in Paragraph IT 2. of this certification, and 4. have not ,within a three tear period preceding this Agreement had one or more public transactions federal, state or local; terminated for cause or default. ( Page If the Recipient is unable to certify to anti• of the statelnc°tlts in this certificarion, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to DF() by stand:Ird rnai1 or electronic methods [lie completed TTachnient I I for each :nTen ded subconIractor vyhicli Recipiennr plans to fund under ibis 1greeinent. �UCh ior:11 InuSI be received by DE( ) before the 1ZcclpTent enters into a Contract izith any subconrracror. `h The State of Florida's performance and obligation to pal' under this A('reenlent is cOutingem upon an annual appropriation by the Legislature. and subject to any modification in accordance vv th Chapter 216, Fla. Star or the Florida Constitution. All bills for fees or other compensation for services or expenses shall be Submitted in detail sufficient for a proper preaudit and postaudit thereof. (j) Any bills for travel expenses shall be submitted in accordance vv'ith Section 112.061, Fla. Stat. (k) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall be returned to D10. (I) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knovvingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 G.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality `'act ("INA")]. D1 O shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the I_ A. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by DEO. (m) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board to discuss, receive recommendations, or take action required pursuant to this Agreement, or the meetings of anv subcommittee making recommendations to the governing board regarding matters pursuant to this Agreement. All of these meetings shall be publicly- noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (it) All unmanufaetured and manufactured articles, materials, and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (21) LC)BBYING PROIlII3ITION (a) The use of funds under this Agreement for the purpose of lobbying the Florida Legislature, the judicial brand, or any state agency is prohibited pursuant to Section 216.347, Fla. Seat. federal grant funds provided under this Agreement may not be used by DEO or anv Recipient or Sub -Recipient to support lobbying activities to influence proposed or pending I ederal or State legislation or appropriations. This prohibition is related to the use of Fcderal grant funds and not intended to affect an individual's right or that of any organization, to petition Congress, or any other level of Goverrunent, through the use of other resources (,See 45 CFR Part 931". b, The Recipient certifies, by ncc authorized representative s signanlre to this Agreeinerir, that to the best of its kn(nvledge and belief: Page 10 1. No Federal appropriared funds have been paid or t.-ill 1 c paid, bt car on behalf of the Recipient, io and• person for influencing or attempting to influence an officer or employee of am agency, a :Member of Congress. an officer or emplo `ec ofTess, or an empk>yee of aletntx°r of Congress to a>suiccrrc>n ,yrth the awardin of am Ilcdcral contract, the making of ant 11'edcra1 rant, the malting of any Federal lean, the entering inu> < f array cooperative agreement, and the extension, continuation, renewal, amendincrit or modification of any Federal contract, grant, loan or ccx>perarit-c agreement. ?. If anti 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 ant- agencj , a 'Member of Congress, an officer or eruplot ee of Congress, or an emploz cc of a :Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Forni-l-LL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed -,,-hen this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, L.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than S100,000 for each such failure. (22) COPYRIGHT PATENT AND TRADETNL-kRK Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copy -rights accruing under or in connection with the performance of this Agreement are hereby transferred by the Recipient to the State of Florida. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery- or invention to DEO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection w7th the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or: other copyrightable material are produced, the Recipient shall notif l DE'(). Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty day s of execution of this _lgreement, the Recipient shall disclose. all intellectual properties relating to the performance of this agreement which he or she known or should know could give rise to a patent or copyright The Recipient shall retain all rights and entitlements to any pre-existing Intellectual property- \"-bleb is so disclosed. Failure to disclose will indicate that no such property exists. DFO shall then, under Paragraph (b), have the right to all parents and copyrights which accrue during performance of the lgrecment. Page 11 The Recipient certifies that it has the kcal authority to rcceive the funds under this Aal-cement and that. its <>«t erning body has authorized the: execution and acceptance of this \greement. The Recipicrit also certifies that the undersigned person has the' .lathe}r t ° tolc .11t eecclTe and bind Rcclprent to the terms of tht reernC'flt. - , 1\ I � N I The Recipient shall comply :pith any Statement of .Assurances incorporated as Attachment F. _ Page 12 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FEDERALLY FUNDED SUBGRANT AGREEMENT SIGNATURE PAGE IN WITNESS V IiEREOF, the parties have executed this Agreement by their duh, authorized officers on the day, month and rear set forth below. RECIPIENT 00"t Type Legal Name of Recipient) By: DannyfKKolhage, Mayor Pro—Tem ype Name anJ Tie ere) (�-I- 5 9 - (o our) -14 9 Federal Identification Number 0-7 3181c0-757 DUNS* Number *Data Universal Numbering System STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY m(WI ssia)Q&S By: NX"ilham B. Killingsworth, Director Division of Community Development Dare: Approved as to form and legal sufficiency, subject only to full and proper execution by the parties. Office of the General Counsel Department of Economic Opportunity ed Dare: 2 2 �M- 3 _ FY 2014 LIHEAP AGREEMENT EXHIBIT 1 AUDIT REQUIREMENTS t [ l;e administration Or res()tuces awarded by DI C) to the recipient ma, be subie ct to audits and.!c}r mt>nit<>rin< 1}y DF() as described In this sect1On. MONITORING In addition to reviews of audits conducted in accordance �,ith ()NIB Circular _1-133 and Section 213.9-7, 1 la. Star., as revised (see ".lt`DITS" below", monitoring procedures nay include, but not be limited to, on site visits by DI:C) staff, limited scope audits as defined by ( )NIB Circular A-133, as revised, arld/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate. by DFO. In the event DEO determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply- with any additional instructions provided by DIO staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the. Chief Financial Officer (CFO) or Auditor General. A UDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends S300,000 (S3001000 for fi'scal),ears ending gfier December 31, 2003) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of Oil�IB Circular A-133, as revised. EXHIBIT 1-A to this agreement indicates Federal resources awarded through DEO by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from DEO. The determiization of amounts of Federal awards expended should be in accordance with the guidelines established by OTNIB Circular A-133, as revised. An audit of the recipient conducted by the auditor General in accordance ,vith the provisions of OA113 Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of C)I\IB Circular A-133, as revised. If the recipient expends less than S300,000 (S-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 (AM Circular A-133, as revised, is not required. In the et errt that the recipient expends less than S3{}0,000 (S-500,000 for fiscal )-ears ending after December 31, 2003) in Federal av,-ards in its fiscal rear and elects to have an audit conducted in acco retance -\tits the -provisions oL )SIB C trctllar .\-13J, as revised, the cost of Tile audit must be pacl 1" lrom n<nl l'ederal resource: ;l.e., the cosr or such an audit must be paid from the recipient resources obtained from ocher than 1=ederal entiries'r. Page 14 4. although the audit provisions of C > \III Circular 1-133 ordinarily do not apply to for profit sub recipients, in the case of Federal funding pre>vided bt- the C .S. Department of 1 Iealth and 1 Iunnan Scl-vices, Circular A-133 does apple. See 45 C.F.R. 74?6 for further details. A web site that provides links to several federal Single Audit Pict resources can be found at: lulls:/har e,tcr.ct ..got ;-"sainfo lluill. PART IL• STATE FUNDED This part is applicable if the recipient is a non -state entitv as defined by Section 215.97'2), Fla. Stat. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of S5()0,000 in anv fiscal year of such recipient (for fiscal tears ending September 30, 2004 or thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.9 7, Fla. Star.; 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. EXIHIBIT I -A 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 recipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a non -state entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8), Fla. Star.. This includes submission of a financial reporting package as defined by section 215,97(2), Fla. Star., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than 5500,000 in state financial assistance in its fiscal \-ear (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of section 215.97, Fla. Star., is not required. In the event that the recipient expends less than 5500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97 Fla. Stat., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. :Additional information regarding the Florida Single Audit Act can be found at: rrrtlz:� 'a,��.tnl�toricla.u7an *5�3alstarutes.hmnl. PART III: OTHER AUDIT REQUIREMENTS f-NCiI L.: Ihls f-7ar/ i3w l r be, /uS lJ /tl st�?C?�J Illr cI(A ifoll,71 Illdil r gl1irrIv-11iLC i,,vposed /)i Illc .S1r7IP aii,' rdill, elllily fhal+ (71i, so/e/1' ? r! IIh1!xPt" Oj iflcTr .S /tl ;.' el)! 7T dilh elifl/)A poli (i.e., the ands/ is liol ii,gllirrd b 1 `PC L'dlOi ,Sl`rTft' l„71d/S -illd I5 tltli Ili COIIfIIC 1Jtif) 0.1{JC'7"Ior Sjt7ftLTIfdI/1"r7P1/1t177�'7?j.S�. Pif7;SlfClllftO,SPt'fIFJl%?.9,CIS)�cia0cllClelc/h/a'colulllc:Ol" Page 15 ,7 nvioe_lo-(7lldiLc Of s/ak, fillallcial assic/ l"('e /h,/t air Ill �idd'Ilioll f0 audi15 o11dm-/1 'Z in 6A'C6Tdam'e 11'ilk ,Seclnoll 2/5. 1', I Ol7fCl �>> ti o-e '' a tl J .Sft7i7ki'S. In Slfc"l7 �71I f'IYIl/. 11,P .5,�,71`e LI}vtll"t�llh cl�tlk`J` i711f,!' Llt7glhE ftlTITf11("I ,I rriP JI,1�CO.f� O�,SIfC�l �Il�eIli1011c7�?IfCll/J.) 7F� N/A ]?ART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducred in accordance,,vith 0\111 Circular A-133, as tvvised, and required by Part I of this Exhibit shall be submitted, -when required be Section .32) :d), O �1B Circular 1-I33, as raised 1>1 ot: < n behalf of the recipient directly to each of the following at the address indicated: <-k. DEO at each of the following addresses: Electronic copies (preferred): \uditu de<>.nn florida.conn or Paper (hard cope): Department Economic Opportunity MSC # 130, Caldwell Building 107 East Madison Street Tallahassee, Fl. 32399-4126 B. The Federal Audit Clearinghouse designated in O_A113 Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), 01\113 Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: http•//harvester.census.vov/fac/collect/ddeiindex.hriiil C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), O__�\113 Circular A-133, as revised. ? Pursuant to Section .320 (f,, O__\IB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), O,IB Circular A-133, as revised and anti- management letter issued by the auditor, to DEO at each of the follmving addresses: Electronic copies (preferred): ludu ii deo.ml florida.coiu or Paper liard cops-): Department Fconorriic Opportunir\ NISC # 130, Cald,�v ell Butldin; I()- East Madison Street Tallahassee. 11. 32399-41216 _ _ Page 16 3. Copies of financial reporting packages required by PART 11 of this I 'xhlblt shall I)c subriurted by or on behalf of the recipient dirccj\, to each of the follmvilig: ADF( ) at each of the follo-,vin", .addresses: I'lectrollic copies (preferred or Paper (hard copy): Department 17conomic OpporrunitA \I,SC # 130, Caldwell Building 1()7 East 'Madison Street Tallahassee, Fl. 32399-4126 B. The Auditor General's Office at the fol1o,\Aingaddress: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West -Madison Street Tallahassee, FL 32399-1450 Email Address: flaud�en loc-,ilRo\-t(d,,,iud.stite.fl.lis 4. Copies of - reports or the management letter required by Part III of this Exhibit shall be submitted by or on behalf of the recipient directly to: A. DEO at each of the following addresses: N/A 5. Any reports, management letter, or other information required to be submitted to DFO pursuant to this Agreement shall be submitted timely in accordance with 011IB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities' or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor Gcticral, as applicable. 6. Recipients, when submitting Financial reporting packages to DFO for audits done in accordance t,xirh OMB Circular A-133 or Chapters 10.550 (local goverlunclit"d entities) or 10.650 'non profit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accornparlying the reporting package. Page 17 The recipient shall retain suttictent records demonstrating its compliance . tth the terms of this Exhibit for a period of five 5j years ars from the date the audit report is issued, or five stare fiscal t ears after all reporting requirciuc,its are s«.isfied and final payments have "Decn rccct,- cd, ,�.-hichcv er period is longer, and shall atloNv DF(), or its designee, CF (), or ALIditor General access to such record; upon request. In addition, it ana litigation, claim, negotiation, audit, or other action involving the records has been started prier to the expiration of the controlling period as identified above, the records ,hall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period a, identified above, N4-hichcvcr is longer. The recipient shall ensure that audit working papers are made available to DI"( ), or its designee, CF O, or auditor General upon request for a period of five (7; \ cars from the date the audit report is issued, unless extended in «vriting by DI (). Page 18 FY 2014 LIHEAP AGREEMENT EXHIBIT 1-A FUNDING SOURCES FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program (lull 'ederat a"cIuj, Cala,'o; of 1 ederal Oolvesfic lssislance lrfle and rarrr7ber, and amonnlj: Federal Program: I_om,--Income I fo ne I nergy _\ssistance Program Federal \gencv: U.S. Departinerit of I Iealth and I Iuman Services I'ederal Identifier: (s-12B2I-'1_C()SR Catalog of Federal Domestic Assistance 'l'itle: I.o- Income Florae I nergy\ssistance Program Catalog- of Federal Domestic Assistance Number: 93.568 Recil_ienr.:\lonroc Count- Board of Count Cominissioners 1«-ard _\mount: S203,466 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: I -isl applicable compliance reglriremenlr as follows: 1. I-irsl applicable compliance regariremenl (eo., ivbal serrliceslpwposes resources muss be ilsed for): The Recipient shall use the I,II IF -AP funds to provide eriergy payment assistance to eligible consumers xvith lost- income. These funds will be expended in accordance with Attachment A, :Attachment B, Attachment J, applicable Oi\IB Circulars, and the FY 20141,11IF; V State Plan. ? 3'econd applicable compliance r-equirelvenl (e.a., eli;ibilily requiremenlr fir recipients of the rerozrtces�: The Recipient shall comply- «ith applicable O,\IB Circulars and eligibility requirements as set forth in the U.S. Department of Flealth and l Human Services regulations codified in Title 45 of the Code of Federal Regulations, Part 96 — Block Grants, and Title 31 of the Code of Federal Regulations, Part 205 — Cash Management Improvement -Act of 1990. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None MATCHING RESOURCES FOR FEDERAL PROGRAMS: None SUBJECT TO SECTION 215.97, FLORIDA STATUTES: None State Project: None COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None NO"I F: Section .400(d;, of () 1B Circular \-133, as revised, and Section 215.97(5), Fla. Star., require that the information about Federal Programs and State Projects included in Ixhibit 2 be provided to the recipient. • -' " Recipient Name: M 0 ute- FEIN: 51 (*t 0ayi 49 FY 2014 LIHEAP AGREEMENT EXHIBIT 2 AUDIT COMPLIANCE CERTIFICATION l_.our"+N Bt'o-cj 0 P Recipient's Fiscal Year: 10 — 911% Contact Person Name and Phone Number: _ Ki rn Wcxx 7_ (-3tS ) 292- Contact Person Email Address: W dKrCS - VUfVA W %hr*VnL ejl iU C_ V C" 1. DID RECIPIENT EXPEND STATE FINANCIAL ASSISTANCE, DURING ITS FISCAL YEAR, THAT IT RECEIVED UNDER ANY AGREEMENT (E.G., CONTRACT, GRANT, MEMORANDUM OF AGREEMENT, MEMORANDUM OF UNDERSTANDING, ECONOMIC INCENTIVE AWARD AGREEMENT, ETC.) BETWEEN CONTRACTOR AND THE DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO)? YES NO IF THE ABOVE ANSWER IS YES, ALSO ANSWER THE FOLLO\YIING BEFORE PROCEEDING TO ITEM 2: DID RECIPIENT EXPEND $500,000 OR MORE OF STATE FINANCIAL ASSISTANCE (FROM DEO AND ALL OTHER SOURCES OF STATE FINANCIAL ASSISTANCE COMBINED) DURING ITS FISCAL YEAR? _A YES NO IF YES, RECIPIENT CERTIFIES THAT IT WILL TIMELY COMPLY WITH ALL APPLICABLE STATE SINGLE OR PROJECT -SPECIFIC AUDIT REQUIREMENTS OF SECTION 215.97, FLORIDA STATUTES, AND THE APPLICABLE RULES OF THE DEPARTMENT OF FINANCIAL SERVICES AND THE AUDITOR GENERAL. RECIPIENT 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 CONTRACTOR AND DEO? YES NO IF THE ABOVE ANSWER IS YES, ALSO ANSWER THE FOLLOWING BEFORE PROCEEDING TO EXECUTION OF THIS CERTIFICATION: DID RECIPIENT EXPEND $500,000 OR MORE IN FEDERAL AWARDS (FROM DEO AND ALL OTHER SOURCES OF FEDERAL AWARDS COMBINED) DURING ITS FISCAL YEAR? X YES NO IF YES, RECIPIENT CERTIFIES THAT IT WILL TIMELY COMPLY WITH ALL APPLICABLE SINGLE OR PROGRAM -SPECIFIC AUDIT REQUIREMENTS OF OMB CIRCULAR A-133, AS REVISED. By signing below, I certify, on behalf of Recipient, that the above representations for items 1 and 2 are true orrect. Signa e of Aut rized Representative Date Dan Kolh ge ---— -- — Mayor Pro—Tem Printed Name of Authorized keprJentative / Title o ;, zed Representative FY 2014 LIHEAP AGREEMENT EXHIBIT 3 NOTICE REGARDING COLLECTION OF SOCIAL SECURITY NUMBERS 1'Ize fo11<a twig di.scic}sure is bein f made pursuant r< section 119.t)1(. .Florida Statures. Social securitz numbers of applicants and household members are requested because this information has been determined to be imperati e for the performance of the duties and responsibilities prescribed by latz- under the I,m Income Ronne l nergt Assistance Program. This information is not required b, state or federal law, ho c er, social security- numbers are necessart- to determine eligibility- for program sen-ices and specificall for the follmving purposes: 1. To \-crifi- an applicant's identit,-. 2. To verify household sire. 3. To verify household income.. A social security number collected pursuant to this notice can only be used b' the Florida Department of Economic Opportunin, and (subgrantee) for the purposes specified above. Nondisclosure except under limited circumstances. Social security numbers will not be disclosed to others unless required or authorized by Florida law. Section 119.071(5), Florida Statutes, allows disclosure of a person's social security number under the following specific, limited circumstances: • If disclosure is expressly required by federal or Florida law or is necessary for the agency or governmental entity to perform its duties and responsibilities; • If the individual expressly consents to disclosure in writing; • If disclosure is made to prevent and combat terrorism pursuant to the U.S. Patriot Act of 2001 or Presidential Executive Order 13224 (blocking property and prohibiting business transactions with persons who commit, threaten to commit, or support terrorism); • For an agency- employee and dependents, if disclosure is necessary to administer the person's health benefits or pension plan funds; or • If disclosure is for the purpose of the administration of the Uniform Commercial Code by the office of the Secretary of State. • If disclosure is requested by a commercial entity for permissible uses under the federal Driver's Privacy Protection Act of 1994, the federal Fair Credit Reporting Act, or the federal Financial Services Modernization Act of 1999 (for example, to verify the accuracy of personal information provided by the individual to the commercial entity; use by an insurer in connection with claims investigation or anti -fraud activities; for use in connection with a credit transaction). Acknowledgment of Receipt of Notice I confirm that I have been provided a copy of this Notice regarding the collection of my social security- number and the social security numbers of all household occupants as part of the application process for the Florida Low Income Nome lincrgy Assistance Program. Date. 1pplicaru s Signature S PLC :-Uy Page 21 FY 2014 LIHEAP AGREEMENT ATTACHMENT A SCOPE OF WORK The Recipient shall comply t ith the follo;virig requirements, and if applicable, shall ensure all subcontractors' compliance %vith, the follo%ving requirements: A. Program Requirements (1) The Recipient Evill administer the I,I1 ll ;.1P Program in accordance with information and directives provided in DI-0-issued Information Memorandum notifications and this Agreement. r?) Conduct outreach activities designed to ensure that eligible households, especially households 'Itith elderly or disabled individuals, young children and those with the highest percentage of their income required to pay for their home energy are made aware of the assistance available under this Agreement. (3) Make home visits to home -bound clients, especially the elderly or disabled, for completion of the program application or eligibility determination when other assistance is not adequate. (4) The Recipient will make payments to vendors on behalf of eligible applicants with the "highest home energy needs and lowest household income," which will be determined by taking into account both the energy burden and the unique situation of such households that results from having members of vulnerable populations, including very young children, the disabled, and frail older individuals. (5) The Recipient shall enter into a Memorandum of Understanding (IVIOU) with all Weatherization Assistance Programs (WAP) in their service area. The MOU shall detail cooperative efforts and shall describe the actions that will be taken by both parties to assure coordination, partnership and referrals. The MOU shall be reviewed and renewed at least every five years. The Recipient, in coordination with the local WAP agency, shall develop a system by which LIHEAP recipients who have received more than three LIHEAP benefits in the last 18 months and who are homeowners, are referred to the WAP provider. The Recipient shall maintain records sufficient to document referrals. (6) The Recipient shall enter into a Memorandum of Understanding ( IOU) with service area Emergency ldome Energy _Assistance for the Elderly Program (EIIEAP) providers. The IOU will ensure coordination of services, avoid duplication of assistance, and increase the quality- of services provided to elderly participants. The IMOU shall be reviewed and renewed at least every five tears. The MOU shall detail hoxv 1,11IF AP and El1L'AP records (for households with eldery members) will be checked to avoid duplicate crisis assistance payments during the same season. The Recipient shall maintain records sufficient to document coordination. The R{ cipient shall rn�aintain a written policy and implement procedures to secure applicants' social security numbers in order to protect their idcntity. At a minimum, this Policy shall address the handling f both piper and electronic records and files. _ _ Page 22 '18) The Recipient shall, in col1cctiiig applicants' social security rumbas, use the . 7oticc I egardit ng Collection or -Social Scctirity Numbers. '['he \,oticc Shall be signed bY the applicant and maintained in the client file. Recipients sci-\-irig multi -count Y areas, must pro%-idc DF( ) wiih a description of how direct client assistance fund.; will be alloc,.arcd aniong the counties. The allocation methodology must be based at least in part on the 150, (, of Poverty population %vithin each of the counties served. This infonriation must be reported in Attachment 1, to this Agreement. '10) \Nlicti LIHEAP funds are nor available or are. insufficient to meet the emergency home energy needs of all applicant, the Recipient shall assist the applicant to secure help through other corni-nuniry resources. (11) The Recipient shall agree to treat owners and renters equitably under the Agreement. (12) Y The Recipient shall develop and implement a written policy and procedure to assure that all criergy assistance payments made to energy vendors comply ,,with the requirements of Attachment A, Section D of this agreement, (13) The Recipient shall define in a written policy what criteria and verification will be used to detennine if a household has a "home energy crisis" and is eligible for crisis assistance. The policy must encourage households to seek assistance prior to incurring non -energy penalties such as disconnect/reconnect fees, additional deposit, interest or late payment penalties. (14) The Recipient shall not charge applicants a fee or accept donations from an applicant to provide LIHEAP benefits. This policy must be posted in a prominent place where it is visible to all applicants and include the foflo-,oTing language: No money, cash or checks, will be requested or received from customers in a LIHEAP office. If an employee asks for money, report this to the agency Executive Director or Department Head. (15) The Recipient shall be in a location and operate during hours available to clients. (16) The Recipient shall refund, with non-federal funds, to DEO, all funds incorrectly paid on behalf of clients that cannot be collected from the client. (1 1-1) The Recipient shall have appropriate staff attend training sessions scheduled by DEO to cover 1,11 JEAI) policies and procedures. (18) The Recipient shall furnish training for all staff members assigned responsibilities ties \xi th in the program. (19) The Recipient shall take applications when it has a signed Agreement and adequate funding, and continue taking applications until the Agreement expires or funds are exhausted, -,,-hichever comes first. (20) The Recipient must have adequate procedures in place to ensure that LIRE AP funds are appropriately budgeted and expended to sufficiently allow for energy assistance benefits in both the hearing and cooling seasons. 121" The Recipient must oomph .N,-i-i the Federal F nancial Accounrabilitv and'Fransparency Act T-FATA". This include,, securing a Dun and Bra cis tree t ',\ L1111beting System DUNSnumber (WAAv.dnl).corii'! and I%��YM maitiraliningaii active and current profile it,, the Central Contractor Registration 4'CR) r'VXAXAXWC Page 23 B. Client Services and Benefits 1; flake 1 11I AP home energy- non-crlsls assistance payments based on a state -pro Ided payment nlatrtx and 'xorksheet. The pa,-2nent amount Is based o11 tilt h;x:schold's income IcN-c! as cornpared to the national poverty" guidelines. This takes Into account Dross income, family size, and household cOulposltion. (2) The following maximum benefits «711 be available to eliLible households: (a; ( )ne non -crisis benefit per 12 month period; (b) One summer home energy crisis benefit bet-,een April I and September 30 each rear; and ic) One winter home energy crisis benefit between October 1 and March 31 each year. (3) Based on local need for LIFIEAP sct\-ices and other non-LIHEAP energy- assistance resources in their sen ice area, the Recipient may limit crisis benefits to less than those stated in paragraph (2) above. (4) Determine the correct amount of each crisis benefit based on the minimum necessary to resolve the crisis, but not more than the maximum set by DEO. The maximum crisis benefit for this contract period is S600.00 per household per season. (5) When the applicant is not in a life threatening situation, take actions that will resolve the emergency within 48 hours of application approval for a crisis benefit, and document the client file that the emergency was resolved within 48 hours. (6) When the applicant is in a life threatening situation, take actions that will resolve the emergency situation within 18 hours of application approval for a crisis benefit, and document the client file that the emergency was resolved within 18 hours. (7) Make benefit payments to vendors on behalf of approved applicants no more than forty-five calendar days from the date the application is approved. (8) The Recipient will, within fifteen working daps of receiving the client's application, furnish in writing to all approved applicants a Notice of Approval which includes: the type and amount of assistance; the name of the energy vendor to be paid on their behalf, and the next date when the applicant will be eligible to apply for assistance. (9) Recipients are required to have written applicant appeal procedures that provide an opportunity for a fair administrative hearing to individuals whose application for assistance are denied or whose applications are not acted upon with reasonable promptness. "Reasonable promptness" shall be defined as within fifteen working days of receiving the client's application. :any applicant denied LIIIEAP sei6ces must be provided a %written notice of the denial. Ar a minimum, the written '\otice of Denial and .'appeals shall contain: the reasonts for the denial; the appeal process, an explanation of under what circumstances the client nlal reapply; �,,-hat information or documentation is needed for the person to reapply; the name and address to «horn the re -application or appeal should be sent, and the phone number of the Recipient. The Recipient shall post its appeal procedures in a prominent place \within the office where the, are available. to all applicants. MMM (10) The recipient will compare JAI IFAP records and Emergency IIonic l nergy assistance for the FIdcr1Y Pro>gratn (El IFAP) records for houscholds Nvith elderly- members to aN-oid duplicate crisis assistance payments during the same eligibilirY period, and document the file to indicare this \vas checked. 1 1) The l eciI CI 4sill be responsible for maint<ttning and irnpletncntint> «titter policies and procedures ror determining the eligibility of the clients applying for the 1-1111; lP program. Client eligibility shall be based on the following factors: A') 1 he Recipient may only assist households rvho are or were residing in their L11117AP service area at the titre the home energy costs %vete incurred. (b) The client trust complete an application and return all required information and verification to the Recipient or subcontractor while funds remain available. (c) The client trust provide a fuel bill for home energy or provide other documentation verifying an obligation to pay for home energy costs. (d) The client must have a total gross household income of not more than 150°% of the current t -MB federal poverty level for their household's size. (e) For applicants receiving Supplemental Nutrition Assistance Program (SNAP, or Supplemental Security Income (SSI), program qualification approvals or notifications may be used to document household size and income. However, the household income eligibility and the benefit levels are the same as other applicants. (� To receive crisis assistance, the applicant must have a verifiable home energy crisis. (g) If the applicant lives in government subsidized housing, the Recipient must determine if all or part of their utility costs are paid directly or indirectly by the government and take the following actions: 1. The applicant is not eligible for assistance if their home heating and cooling costs are totally included in their rent and they have no obligation to pay any portion of the costs_ 2. For Crisis Assistance Only: If the applicant receives an energy subsidy through Section 8 or a Public Housing Authority, then the agency must subtract the amount of the subsidy available to the applicant during the period covered by the utility bill from the allowable LII IEAP crisis benefit calculated for the household. 3. The applicant is eligible for non -crisis, home energy assistance with no deductions at the same level as other applicants. h) The client must not reside in a group living facility or a home where the cost of residency is at least partially paid through any foster care or residential program administered by the state- d) The client must not be a student living in a dormitor\y. C. Client Records I"tic Recipient will maintain a separate client rile for each I_11IFAP client that includes at least the fo llo-,ving information: (1 Client's name, address, sex, ate. Names, ages and current identification documentation 'no more than one year expired) of all _ _ _ Page 2S household mc.nbers. 3) Social Securin Numbers and documentation of such mmnbers for all household members or the citation to the applicable exemption; -1rgned Notice Itet;ardlil�> (.011eCtlC7n of .>CiClaleCUrltUr111)Crs. (a versionC}i thts nt)tlCe Is 1 attached hereto as Exhibit 3 to this Agreernent) Sl Income amount and method of verification for all household rneinbers: (6 Income documentation to support cligibilir\ and is representative of the client's current econonuc situation: i) Signed statement of self -declaration of income, if applicable; (8) Signed statement of how basic living expenses, such as food, shelter and transportation are being provided if the total household income is less than 5O o of the current Federal Povert- Guidelines and no one in the household is receiving SNAP assistance; (9) Copies of approval or denial letters, including appeal procedures, provided to the client; (10) Documentation of disability income or physician's statement if preference or additional benefit provided due to a disability; (11) Documentation of client's obligation to pay the energy bill for the residence in which they reside. (12) All LIf IEAP assistance applications must be signed by the client and by the Recipient's representative and supetyisory staff. D. Energy Vendor Relations (1) The Recipient shall negotiate and maintain written agreements (the "Vendor Agreement"), with home energy suppliers which shall at a minimum include: (a) The beginning and ending date of the agreement. (b) tk process for identifying the Recipient's representatives authorized to resolve a crisis situation and make a payment commitment on behalf of the Recipient. (c) A process for identifying the Vendor's representatives authorized to resolve a crisis. (d) A description of how energy payments will be made directly to the vendor on behalf of the LIIIEAP eligible customer. In cases Nc-here no vendor agreement exists, the payment shall be made to the client in the form of a two-party check made payable to the client and vendor. This procedure shall be used only in rare special circumstances, according to the Recipient's purchasing policies and only with written approval of the Recipient's management. /e lssurariccs from the home energy supplier that no household receiving 1,11 lI 1P assistance will be treated adversely because of such assistance raider: applicable provisions of state late or public regulatory requirements. t) :\csurances from The home energy supplier that they, tyi11 not discrilninate, either in the Cost of goods supplied or the services provided, against the eli ii_>le household cm -,chose behalf payrncrirs are made. Wage 26 g; 1 s,MtCmerrt that only energy related elerntints of a utilitn- bill are to be paid. No -\fates: or se« age charges may be paid except if required by the energy vendor to resolving the crisis and no other resources to pat- that portion of the bill can be secured by the customer or Recipient. t:!. A statement that the Recipient may not pa\' for charges that result from illegal activities such as a bad check or meter tampering. 1 statement that the Vendor Is aware that timsc charges are the responsibillit' of the customer. Ia A. statement that the vendor is a-,vare that when the benefit amount dues not pay- for the complete charges owed by a customer, that the customer is responsible for the remaining amount owed. j Details on how v the vendor «-ill assist the. Recipient in verif -ing the I,111 EAP applicant's account information and in the case of crisis assistance make tirncIv comminnernts to resolve the. crisis. A process should be in place to verify the: current amount owned and the amount necessan to resolve the crisis situation. (k) The Recipient's commitment to make payment to the vendor no more than forts --fire calendar days froze the date the application was approved. (1) A description of when LII IEAP payments made to the vendor cannot be applied to the client's account, the funds will be returned to the Recipient or with the Recipient's approval applied to another eligible client's account. (2) The energy vendor must be in "active" status with the State of Florida: and the vendor's name must be checked on S AMS at The name on the vendor agreement must match the legal business narne on the State of Florida website. Municipal providers are excluded from this requirement (3) The vendor agreement shall be reviewed by both parties at least every t--o years, (4) Vendor agreements must be signed by upper level management of both the Recipient and the vendor who has authority to enter into such commitments. Page 27 EY 2014 LIHEAP AGREEMENT ATTACHMENT B PROGRAM STATUTES AND REGULATIONS INCORPOIR lTION O L.l ('S, IZL`I.I:S. R1-(J I..1'I'I()\S :aND POLIC`,II �S -I'lle applicable documents governing set ice provision regulations are in the. Common Rule, 45 CFR Part 74 and 92, or O.Nlli Circular No. A-1 10 (now 2 C F=IZ 215; "Grants and Agrcctnernts ,a-ith Institutions of I Iigher Education, I Iospitals, and Other nonprofit Organizations," and either ( '\IB Circular No. A 87 (no%t 2 CIR Part -225), "Cost Principles for State and Local Gov-ernmerits," 0.\1I3 Circular No..\-21 (note 2 CI-R Part 220), "Cost Principles for I -educational Institutions," or OMB Circular No. _1-122 (no%v 2C:FR Part 230), "Cost Principles for Nonprofit Organizations," and O'\IB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." If this lgreerncnt is made Nvith a commercial ;for -profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. Low -Income I tome Energy Assistance Act of 1981 (Title NXVI of the Omnibus Budget Reconciliation :act of 1981, Public Law 97-35), as amended. The folio«ring 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 (1-11IS), Effectuation of Title VI of the Civil Rights Act of 1964; 4. Part 81 - Practice and procedure for hearings under Part 80 of this Title; 5. Part 84 — Nondiscrimination on the basis of handicap in programs and activities receiving Federal financial assistance. 6. Part 86 - Nondiscrimination on the basis of sex in education programs and activities receiving Federal financial assistance. 7. Part 87 — Equal Treatment for Faith Based Organizations; 8. Part 91 - Nondiscrimination on the Basis of Age in IIIS programs or activities receiving Federal Financial Assistance; 9. Part 93 - New restrictions on lobbying; 10. Part 96 - Block Grants; 11. Part 100 — Intergovernmental Review of Department of I Iealth and I Iuman Services Programs and activities: 11 1 xecutive Order 12549, Debarment and Suspension from Eligibility for Financial . t,sistance (Non - procurement`: B. PROJECTS OR PROGR.V%IS Fl NDIiD IN l I lOL is OR PAR`I' WITI I �\IONFY The Recipient assures, as stated in Section 508 of Public La,,v 193-333, chat ail statements, press releases, requests for proposals, bid solicitations and other do>cumcnts dcscribing prejecrs or programs funded in whole Page 28 or in part with Federal mono,, all grantees receiving Federal funds, including but not limited to State and local governments and recipients of Federal research grants, shall clear]\- stare: .., 1) the percentage of the total costs of the program or project which will be financed « th Federal ntonev, f the dollar amount of Federal funds for the project or program, and percentage and dollar amount of the total costs of the. project ter program that gill be financed bl non- governmerital sources. C. IN I I.RI,S"I' I R( YM CASI I IDYANCFS Recipients shall invest cash advances in compliarice ,�virh section 21 11) (_') (i, of the Common Rine and section '2 of (AM Circular A-110 'now 2CI R fart 215). Recipients shall maintain advances of Federal funds in interest -bearing accounts unless one of the following conditions applies: NON -PROFITS ONLY: 1, The Recipient or subcontractor receives less than S 120,000 in total Federal a,,vards per year. 2. The best reasonably available interest bearing account uvould not be expected to earn interest in excess of $250 per rear on all Federal cash balances. 3. The depository would require an average or minimum balance so high that it would not be feasible within the expected Federal and non -Federal cash resource. Interest earned off cash advances shall be reflected on the monthly financial status report and the close-out report. LOCAL GOVERNMENTS ONLY: Except for interest earned on advance of funds exempt under the inter -governmental Cooperation Action (31 U.S.0 6501 et. seq.) and the Indian Self -Determination Act (23 U.S.C. 450), recipients and sub -recipients shall promptly, but at least quarterly, remit interest earned on advances to the Federal agency. The recipient or sub -recipient may keep interest amounts up to $100 per year for administrative expenses. D. PRO GR M INCOME The Recipient may reapply program income for eligible program projects or objectives. The amount of program income and its disposition must be reported to DEO at the time of submission of the final close-out report. E. i11ODIFICATIONS (1) DEO shall not be obligated to reimburse the Recipient for outlays in excess of the funded amount of this Agreement unless and until DE() officially approves such expenditures by executing a written modification to the original <lgreement. (2" The line item budget, as given in Attachment I of this 'agreement and reported on the monthly financial status reports, may not be altered tt"ithout a written budget modification submitted in accordance ivirh the terms below: a) The. Recipient must use: a DEO-approved Modification package. b) Only unobligated funds may be transferred from one line item to another line item. c` The: Recipient may transfer unobligared budgeted line items zA ithin a budget category as long as the budget catcoon subtotal remains the same. For the purpose of transtcrnng funds, the __ Page 29 follo,�ying are considered budget categories:Adininistram-c Fxperises, Outreach l xpcnses and Direct Client :assistance. (d) l each modified line itcnl Insist meet all contractual minimum and maximum percentage budget recluirclncnts. (e 111 requests for modifications to increase or decrease anc line item must be submitted to DI.() for approval thirty calendar days prior to the anticipated implementation date. Failure to meet this time frame max- result in reimbursement delays. (f) A letter of explanation and a completed tnodification package, 'Modified _\ttachments j-1., if applicable, signed by the Recipient, must be submitted to DI:O and approved prior to the submission of a financial status report in which the changes are implemented. (g)-al, the Recipient's budget detail v6ll be revised in DEO's electronic payment system. Upon appro (h) None of the budget transfers may violate this :agreement or C)MB Circulars a-110 (now 2 CFR Part 215), A-87 (now 2 CFR Part 225), A-21 (now 2 CFR Part 220) and A-122 (now 2 CFR Part ?30). F. BONDING (1) Non -Profit Organizations: The Recipient agrees to purchase a blanket fidelity bond covering all officers, employees and agents of the Recipient holding a position of trust and authorized to handle funds received or disbursed under this Agreement. Individual bonds apart from the blanket bond are not acceptable. The amount of the bond must cover each officer, employee and agent up to an amount equal to at least one-half of the total LIHEAP agreement amount. (2) Local Governments: The Recipient agrees to purchase a fidelity bond in accordance with Section 113.07, Fla, Star. The fidelity bond must cover all officers, employees and agents of the Recipient holding a position of trust and authorized to handle funds received or disbursed under this Agreement. G. 'MONITORING (1) DEO shall conduct a full onsite review of the Recipient at least once during each three-year period. The Recipient shall allow DEO to carry out monitoring, evaluation and technical assistance, and shall ensure the cooperation of its employees, and of any Sub -Recipients with whom the Recipient contracts to carry out program activities. (2) Training and technical assistance shall be provided by DFO, within limits of staff time and budget, upon request by the Recipient and/or determination by DEO of Recipient need. (3) DEC) shall conduct foflocy-up reviews including prompt return visits to Recipients and its programs that fail to meet the goals, standards, and requirements established by the State and federal funding agency-. II. TTI IER PROVISIONS (1) The Recipient must budget a minimum of twenty -rive percent of the total _-V regiment funds for Home Energy- assistance. (2) The Recipient must budget a minimum of two percent of the total .\greenlent funds for Weather l elated] Upplt" YIC)rtage Cnl lgen x' :IssI tanCe. These flints must )e led In this )ue get line Item category until N<>vcmber 1 of the program x-ear for use in response: to a possible disaster. These funds I c>n1v be used during state or federal cnicr,,cricies declared by the President, the Gm -error or the Executive Director ofDl:() as lic/she deems nccessa11-. In the event of an cinerguncY being officially declared, if the Recipient or Dl;() finds that mo percent of the budget is not sufficient ro meet the cruci-cncc, the Rccrprent may dray.' on other Agreement catcgories, up to flfttpercent (J()f tr' t,t the total igreetnenr budget, without additional written authorization. \lien fund, arc distributed for a weather- related/supply shortage eniergcnci , DI U tA-ill provide binding directi es as to the allo« able expenditures of the funds. ::After November 1, if no emergericv has been declared, DI.() -,611 release the funds and the Recipient Nvill allocate these funds to the crisis or home energy categmy of the program through a budget modification. The Recipient «ill comply with these directives or agree that these funds «-ill remain -,ith DI-( ). (3) In addition to the record keeping public records, and audit requirements contained in Paragraphs (5), ' and (7) of this Agreement, the books, records, and documents required under: this agreement must also be available for copying and mechanical reproduction on or off the premises of the Recipient. (4) If the U.S. Department of I lealth and Human Services initiates a hearing regarding the expenditure of funds provided under this agreement, the Recipient shall cooperate with, and upon written request, participate with DEO in the hearing. (5) all records, including supporting documentation of all program costs shall be sufficient to determine compliance with the requirements and objectives of attachment A and all other applicable laws and regulations. Page 31 M' 2014 L.IHEAP AGREEMENT ATTACHMENT C REPORTS :Annual reports 1 Close-out Report: The 1,11 lF,-\J' CIosc-()ut Report is due fort Ct-e calendar days after tcrininarion of the :agreement or forty-five calendar daysafter completion of the activities contained in the Agreement, ,vhichever occurs first. If the fortti-fifth calendar day- falls on a weekend dav or holidal-, the Clo„e-Out Report shall be due no later than the next business day. The Recipient shall submit original signed documents to DI-( that include, at a minimum, the Close -Out Corer Sheet, the LIIdI;.AP final Financial Status Report, property inventory and accrual report, report on interest bearing accounts, a refund check for an\, unspent funds, if applicable, and a refund check for any interest earned on advances, if applicable. (2) IRS Forin 990: Recipients that are below the S500,000 threshold for all I'ederal awards in its fiscal year and thus are exempt from the federal single audit act requirements, shall submit with its .,'agreement proposal a cope of its most recent IRS Form 990. B. QuarterIv Reports: For each county the Recipient serves, the LIIIEAP Household Quarterly Program Report must be provided to DEO no later than twenty-one calendar days following the end of the quarter. For the purposes of this contract, the ending dates of the quarters are June 30, September 30, December 31 and March 31. In the event the twenty-first calendar day of the month falls on a weekend day or holiday-, the Quarterly Report shall be due no later than the next business day. f C. Monthly reports: The LIHEAP Monthly Financial Status Report must be provided to DEO no later than the twenty-first day of each month following the end of the reporting month in which funds were expended. The report shall be provided regardless of whether or not funds were expended. Rerinbursement of expenditures shall be based on this report. Only with prior approval bar DEO will more than one reimbursement be processed for any calendar month. The Monthly Financial Status Report must be submitted in DSO's current electronic financial management system and a signed copy submitted via facsimile or electronic mail by the twenty-first day. In the event the twenty --first day of the month falls on a weekend day or holiday, the '-Monthly Financial Status Report shall be due no later than the next business day. D. Monitoring Report Responses: The Recipient shall provide a written response to DEO > for all monitoring report findings and/or concerns no later than thirty --five calendar days from the date of the original monitoring report. DEO shall notify- the. Recipient of the due date for any subsequent monitoring report responses as may be required. If the thirty-fifth day falls on a weekend day or holiday-, the response to the original report shall be due no later than the next business day. The Recipient may request an extension in writing for DFC>'s review- and approval. E. Cost :Ulocation Plans: ? CFR Part 21-5, Sribparr C, Section 21-?1;6i, requires that Recipients have written financial manao�cinent srsrems procedures for determining the reasonableness, allocability, and all()wabilita of costs in accordance with the provisions of the applicable federal cost principles and terms and conditions of the __ Page 32 ,vvvard,"> documciat3. Recipiclitsi st submitCopies oftheir written Cost Allocation2Gi to 6() vvith we contract proposal. The Cost bo§c ym i-mist be ,ipproved by the a ow53mz of DirectorS. R d3«rcort< L-pon msomGcnotice, rhRecipient :l 2pm«dem :36t nal prognun updates or � > \ y S a6oe as mw be required by S£S,Cc C y : poem Or S medOCL :m e or : m» »per , dm6Ged c+ : Arrachment. S. Lok» oche «cnoted, rcorts shall be ,u it d to: Ms. Jean A son, planning ManagJ Florida I kpartmcmof£c n 5cd r 2/ Divisi011 of Community Development mm ofC< i2 Assistance 1 EatMate< Street -MSC4,(0 11Ss:y,D: 32399-4120 FAX: S33w8y? SS ...............................Page aa................................ FY 2014 LIHEAP AGREEMENT ATTACHMENT D PROPERTY MANAGEMENT AND PROCUREMENT The Recipient shall comply with standards for non -expendable prop ern- equivalent at a minimum, to OMB Circular A-102, rcE-iscd, or ()1113 Circular A-110) rct-ised, Subpart C. Post _Vr and Requirements, and the at% arding federal agency's "Conun<>n Rule." :\. 111 property- purchased under this Agreement shall be inventc>sicd annuall, and an im enton report shall be made available to DEO upon request. B. All property- purchased under this Agreemctit shall be listed on the property records of the Recipient. Said listing shall include a description of the property-, model number, manufacturer's serial number, funding source, information needed to calculate the federal and/or state shake, date of acquisition, unit cost, property- inventor\ - 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 -,vith funds from this Agreement shall be tested in DEC) upon completion or termination of the Agreement. D. The Recipient agrees to comply- with Section '507 of Public Law 103-333. As stated in this section, it is the sense of Congress that, to the extent practicable, all equipment and products purchased with funds made available in this _-act should be American made. Page 34 FY 2014 LIHEAP AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES f 1. Interest of Certain Federal ( )fficials No member of or delegate to the Cont"rtss of the United titatcs, and no Resident Commissioner, shall be admitted to ant- share of part of this Agreement or to any benefit to arise from the same. B. Interest of %lembers, Officers, or J .in,)lot ces of Recipient,'Nlernbers of Local Gm-erninzt BodN-, or Other Public Officials. No member, officer, or employee of the Recipient, or its delegates or agents, no member of the governing bod\ of the locality- in «hich the program is situated, and no other public official of such localin> or localities who exercises anv functions or responsibilities -\zith respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in and contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Recipient shall incorporate or cause to be incorporated in all such Agreements, a provision prohibiting such interest pursuant to the purposes of this subsection. No board member, officer or employee will be permitted to receive any remuneration or gift in any amount. Board members may receive travel expenses in accordance with s. 112.061, Fla. Stat. C. Nepotism The Recipient agrees to abide by the provisions of s. 112.3135, Fla. Star., pertaining to nepotism in their performance under this Agreement Y" D. LII IEAP Assurances The Recipient hereby assures and certifies as a condition of receipt of LIF LEAP funds, that it and its subcontractors will comply with the applicable requirements of Federal and State laws, rules, regulations, and guidelines. As part of its acceptance and use of LIHEAP funds, the Recipient assures and certifies that: (1) The Recipient possesses the legal authority to administer the program as approved by the Recipient's governing body, including all assurances contained herein. (?', The Recipient possesses the sound controls and fund accounting procedures necessary to adequately safeguard the assets of the agency, check the accuracy and rchabilir - of accounting data, promote operating efficiency and maintain compliance with prescribed management policies of the agency. (3) The Recipient will permit and cooperate with Federal and State investigations designed to evaluate compliance with the law. (1;, The Recipient ,rill give DI O, 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. I -he Recipient will comply with all of the prop isioris and practices outlined in DYO's most current m(>nlroring manual. Page 35 (fi The Recipient will comply- with non-discrimination provisions, in accordancc ��itli Florida Matures; Section 67" of P.L. 9 35; 'I itles VI and VII of the Civii Rights act of 1964; and 43 C.l .It. Parts 84, 86 and 90. The Recipient will con2ph with section 680 of PuN.c Law 9 -35, as amended, which prole 1) use of 1,I111 :yP fonds for purchase or impro %csneur of land, or the purchase, construcrit>n, or permanent improvement of any building or oiler facilirt. 8, The Ll1IFAP application and all its amichmenrs, including budget data, are true and correct. 9) Tlie Recipient will prohibit anv political activities in accordance with Section 6781-;b of 42 USC 9918, as amended. (10) Administration of this program has been approved b� the Recipient's governing body by official action, and the officer tvho signs it is duly authorized to sign this .lgreement. 11) The Recipient agrees to comply «nth Public Law 103 227, Part C, Environmental Tobacco Smoke, also known as the Pro -Children Act of 1994 (Act). This Act requires that smoking not be permitted in any portion of anv indoor facility owned or leased or contracted for by an entity and used routinely or regularly- for the provision of health, day care, education, or library seivices to children under the age of 18, if the services are funded by Federal programs either directly or through States or local governments. Federal programs include grants, cooperative agreements, loans or loan guarantees, and contracts. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug and alcohol treatment. The Recipient further agrees that the above language will be included in any subawards which contain provisions for children's services and that all subreeipients shall certify compliance accordingly. Failure to comply with the provisions of this law may result in the imposition of a civil monetai-' penalty of up to S1,000 per day. (12) The Recipient will have a published and publicized local outreach office number when the outreach office is open a minimum of 40 hours per week, or toll -free telephone number. (13) The Recipient certifies that it will or will continue to provide a drug -free workplace as set forth by the regulations implementing the Drug -Free Workplace Act of 1988: 43 CFR Part 76, Subpart F, Sections 76.630(c) and (d) (2). Page 3 n` ' 2014 ' .II IEAP AGREEMENT ATTACHMENT G VARRA TIES AND REPRESEN"TATIONS ( A. l irancial \lava -ter erZt Recipient -,Varrauts that its Financial management sr -stern shall providc the. folloa-in1r: 1 lccurarc, current, and complete disclosure of ,he financial results of this project or program. (?j Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant a%-,-ards, authorizations, obligations, un-obligated balance:, assets, outlays' income and interest. (3} Effective control over and accountability for all funds, properry and other assets. Recipient shall safeguard all assets and assure that they are used solely- for authorized purposes. (4) Comparison of expenditures %with budget amounts for each Request for Paymerit. Vlzencver appropriate, financial information should be related to performance and unit cost data. (5) ``Written procedures for determining whether costs are allowed and reasonable under the provisions of the applicable 01\113 cost principles and the terms and conditions of this Agreerrient. (6) Cost accounting records that are supported by backup documentation. B. Competition Recipient warrants the following: (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. (3) Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. (4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Ariv and all bids or offers mad- be rejected when it is in the Recipient's interest to do so. C. Codes of Conduct Recipient warrants the follo\ving: �1} The. Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the a%vard and aclrninistration of contracts. ;2 No employee, officer, or agent shall participate in the selection, aNvard, or administration of a contract supported by public grant funds if a real or apparent conflict of interest «ould be involved. Such a conflict .vould arise 'a -hen the employee, officer, or agent, any- rncrubcr of his or her immediate family-, his or her partner, or an oro-an17ation which emhloNs or is about to c=mploc any- of the parties indicated, has a financial or other inrrrest in the ±;rm selected for an lnvard. Page 37 } The ofti ers, cmplot ces, and a tints c f the Recipient li<ill nettlier solicit nor accept gratuities, , favors, or am -thing of'tnonctarY valuc from contractors, or parties to subcontracts. 4) The srandards of conduct shall provide for disciplinary- actions to 'be applied for violations of the standards h1- officers. emplo ccs, or agents of the Rcc]pilcnt. Ii. BUSItICSS I IOUI-s The Recipient -%-arrants that it shall have its otfices open for buairicss, -,with the critrancc door open to the public, and at least oric cmplol ee on site, on jd tv s ( M%nd(xY througi-, ' F91 0 A" and troni (times] (B:OC t°'g to ( 5.'txZ PPI E', Licensing and Permitting; Recipient warrants that all subcontractors or employees hired by the Recipient shall haN e all current licenses and permits required for all of the particular work for vArich they are hired by the Recipient. Page 38 FY 2014 LIHEAP AGREEMENT ATTACHMENT H CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION ''---� NO 1 �.: l�f"I(�r tC7 1�, �iin�.� �til�a`,�'aiQs t)r sul:)COtltractS under this �tif"eemC'nC, t:1e IZ<C1 le .t must constlli I:hC' �`7 steiI1 tOT" V and Nlana�_Xcn.ell t (SA.'\l V to ensure d.at organizations under funding consideration are not ineligible. The List is available Oil the Web at h r tIDs: (1 ) The prospectivc subcontractor of the Recipient, certifies, bv 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 ant Federal department or agency. (2) AV?here the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUB(:()NTR<1CTC)R: Signature Name and Title Street address Cin , State, Zip Date Recipient's Name DEO Contract Number I I�uf It�pGcoble, uLb Page 39 FY2014 LIHEAP AGREEMENT ATTACHMENT I RECIPIENT INFORMATION DERAL FISCAL YEAR: 2014 AGREEMENT PERIOD: Date of Signing or March 1, 2014 through March 31, 2015 l actions: Complete the blanks highlighted in yellow. For item III, putan "X" in whichever hi>hli htcd box applies to youragency. ene P I� � P €� � PF g' 3 I. RECIPIENT: 'Monroe County 13OCC AGREEMENT #: 14FIA-OF-11-54-01-019 IL Agreement Amount: $203,466.00 Total Direct Client Assistance:fil;4g III. RECIPIENT CATEGORY: Non -Profit Local Government State Agency IV. COUNTY(IES) TO BE SERVED WITH THESE FUNDS: MONROE V. GENERAL. ADMINISTRATIVE INFORMATION a. Recipient County Location: MONROE b. Executive Director or Chief Administrator: SI IERYL GRAIIAM Address 1100 SIMONTON ST, SUITE 2-257 City: KEY WEST FT. 'Lipcode: 33040 Telephone: 305-292-4511 Fax: 305-295-4359 Cell: Email: graham-shenrlCttmociroec()untg-fly. Mailing address if different from aboae ?Mailing Address: 1100 SIMONTON ST. SUITE 2-257 City: KEY WEST FI, 'Lipcode: 33040 c. Chief Elected Official for Local Governments or President/Chair of the Board for Nonprofits: Name: SYLVIA IyIURPHY 'Title: MAYOR Address*: 102050 O/S HWY SUITE 234 City: KEY LARGO FI, 'Lipcode: 33037 Telephone: 305-453-8787 Fax: F.maIl: mut�hy-svlvia�i mouroecount} tlgov *Enter home or business address, telephone numbers and email other than the REtipient's d. Official to Receive State Warrant: Name: AMYHEAVILIN Title: Address: 500 WI IITEI IEAD STREET City: KEY WEST DEPUTY CLERK , I I, 'Lipcode: 33040 e. Recipient Contacts 1. Program: Name: SHERYL GRAHAM 'Title: SR SOCIAL SERVICES DIRECTOR Address: 1100 SIMONTON ST, SUITE 2-257 City: KEY WEST , FL 'Lipcode: 33040 Telephone: 305-295-4511 Fax: 305-295-4359 Cell: Email: graham-sher±cbmonroecounty-fl.goy 2. Fiscal: Name: AMY IIEAVILIN Title: DEPUTY CLERK Address: 500 Wi-IITEl-LEAD STREET City: KEY WEST FL 7.ipeode: 33040 Telephone: 305-292-3560 Fax: Cell: 1':mail: f. Person(s) authorized to sign reports: Name: SHERYL GRAIIAM Title: SR SOCIAL SERVICES DIRECTOR :Name: KIM WEAN "Title: COMPLIANCE, %IANAGF?R '.Name: Title: g. Recipient's FEID Number: 59-6000749 It. Recipient's DUNS Number. 73876757 V. AUDIT DUE DATE: Audit(s) are due by the end of the :Ninth month following the end of the agency's fiscal year. Recipient l^iscal Ycar. October 1, 2013 thru September 30, 2014 Audit Duc to DF,O: June 30, 2015 Page 40 FY 2014 LIHEAP AGREEMENT ATTACHMENT J BUDGET SUMMARY AND WORKPLAN RECIPIENT: MONROE COUNTY BOCC AGREEMENT #: norm a.ionr. Enter in the baxer h{gh4&rd in yellow- Ure only mlwle dollar amountr; no antr. I. BUDGET SUMMARY 14EA-0E-11-54-01-019 I ILIJ IF.;II' I UNDS E. 203,466.00 ' 1 Jalarics including Fr nge, Rent, Utilities, l'rac el, Other ('Iota] cannot exceed 8.5° o of line 1; round down tf needed.; 2 17,294.00 ,Slaximum Adminirtratiar Expense $17,294.61 Salaric_ including Fringe, Rent, Utilities, TrAvel, Other (Total cannot exceed 15' o of the difference between Line I & 3 Line 2 (Line 1 minus Line 2 times .15; round down if needed) * 27,925 00 Afa%-imum Owirach E pence: $27,925.80 Home Energy Assistance ('%lust be at least 25°b of Line I; round up if needed) 4 62,500.00 25°o Minimum Cakmla;ion: $50,866.50 5 Crisis Assistance 91,260.00 Weather Related / Supply Shortage / Disaster (Must beat least 2° o of line 1; roundup if needed.) 6 4,48Lao 2%,Nfinimum Calculation: $4,069.32 7 ITOTAL DIRECT C.IFN 1SSISTANCIi (Lines 4 + 5 + 6) 15$a247,E 8 IGRAND TOTAL ALL EXPENSES (Lines 2 + 3 + 7) 203,466.00 II. DIRECT CLIENT ASSISTANCE PLAN Type of Assistance Estimated # of Benefits to be Provided Estimated Cost Per Benefit Estimated Expenditures+°" (Est # x Est $) Summer Home Energy 125 250.00 31,250.00 Winter Home Energy 125 250.00 31,' 0.00 Summer Crisis 201 285.00 57445.00 Winter Crisis 151 225.00 33,975.00 Weather Related/Supply' Shortage 16 280.45 4 487.20 TOTAL 418 1,2".45 158,247.20 * If less than 9.5° n of Line I is budgeted for ;ldntinietrative 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. Total of Line 2 plus Line 3 may not exceed: $45w20.41 1 Jne 2 + Line 3 = $45,2t9.00 " Estimated Expenditues gmcn in the Assistance Plan must agree with the corresponding values on Lines 4-7. Pagc 41 Recipient: �;,'n rinrlian.t: Line Item \umber FY 2014 LIHEAP AGREEMENT ATTACHMENT K ADMINISTRATIVE AND OUTREACH EXPENSE BUDGET DETAIL (Lines 2-3) NIONR01 COUNTY BOCC Agreement #: 14H;A-Oh-11-54-01-019 Of/ lbe./irroi Grinta-. enter the elr4til of Ibe /io�ue,; lr.rted nn Me liu(i,,e! .Vummary. !J moa �pu�e g nredrd. may lhr.r Jirrm ro�}tGrJ /brm ro another tah and name d>r ndm laba "13�aiQe! 1>rtai! 1 " "Bnrl�e� Delail2". el,: Expenditure Detail LII 1I;;1P (l;Nt)S Round all line items to dollars. DO not use cents and decimals in total. Totals must agree _eith ,Wachinent ADMINISTRATIVE EXPENSES: salary: SR. Director 5% LIHEAP, 15%CCE, 20% MCT, 4% C1, 4% C2, 22% GENERAL REVENUE, 30% WAP 104 HRS X $47.12/HR LOADED WITH FRINGE salary: Compliance Manager 10% LIHEAP, 40%CCE, 5% MCT, 5% ADI, 5% CCDA, 5% C1, 5% C2, 25% GENERAL REVENUE 208 HRS X $37.74/HR LOADED WITH FRINGE MISC-OTHER: 1) PHONE, POSTAGE, FREIGHT- 250 2) PRINTING AND BINDING SUPPLIES - 352 3) OFFICE SUPPLIES 500 4) OPERATING SUPPLIES 245 5) RENTAUCOPIER 500 6) MAINTENANCE AGREEMENT 2075 (annual fee for maintaining internal data client tracking system) TRAVEL: 1 person to the Annual FACA traing conference (airfare, meals, per diem) TOTAL ADMINISTRATIVE EXPENSES OUTREACH EXPENSES salary: FULL TIME CASE MANAGER (INTAKE, ELIGIBILITY) 20% LIHEAP, 80% GENERAL REVENUE 416 HRS X $30.12/HR LOADED WITH FRINGE salary: STAFF ASSISTANTS (TWO INTAKE, ELIGIBILITY) $6190.00 x 2 employees 15% LIHEAP, 85% GENERAL REVENUE 312HRS X $19.84/HR LOADED WITH FRINGE TRAVEL: 1000 MILES X $.445/PER MILE (estimated local mileage) TRAVEL: 1 person to the Annual FACA training conference (airfare, meals, per diem) Other: (consumable office supplies such as postage for mail outs, equipment) TOTAL OUTREACH EXPENSES DIRECT CLIENT ASSISTANCE: HOME ENERGY CRISIS WEATHER 4,900Ji0 -.H51.00 622.00 1-,294.00 12,529.00 12,380.00 445.00 1,60(WO 9-1.00 27,925.00 62, 50f a )i i 91,260,00 4,48-.t ii Page 42 Recipient Al"FA(I I NIF N FK A I)NI IN I A[I, 0,61c, 2-31 44. Expendinurc T)etail ADr'IINlS-TR-1T!V` EXFIENS�S salary SR Director 5'; LIHEAP, 1511'.CCE::, 20% M-,---' 4% C! 4/ C2,22% GENERAL REVENUE. 30'- %'AP 104 HRS X S47 12iHR LOADED ',� TH FRINGE salary. Compliance Manager I 01,o LIHEAP. 40%CCE, 5% MCT 5% ADI, 5% CCDA, 51% C1, 5% C2, 25% GENERAL REVENUE 1208 HRS X 537,74/HR LOADED 4,VITH FRINGE MISC-OTHER: 1) PHONE, POSTAGE, FREIGHT- 250 00 2) PRINTING AND BINDING SUPPLIES - 352 3) OFFICE SUPPLIES 500 4) OPERATING SUPPLIES 245 5) RENTAL/COPIER 500 6) MAINTENANCE AGREEMENT 2075 (annual fee for maintaining internal data client tracking system) TRAVEL: I person to the Annual FACA traing conference (airfare, meals, per diem) TOTAL ADMINISTRATIVE EXPENSES OUTREACH EXPENSES salary: FULL TIME CASE MANAGER (INTAKE, ELIGIBILITY) 20% LIHEAP. 80% GENERAL REVENUE 416 HRS X $30.12iHR LOADED WITH FRINGE salary STAFF ASSISTANTS (TWO INTAKE, ELIGIBILITY) $6190.00 x 2 employees 15% LIHEAP, 85% GENERAL REVENUE 312HRS X 519.84/HR LOADED WITH FRINGE TRAVEL : 1000 MILES X S 445/P---R MILE (estimated local mileage) 4 1; TRAVEL 1 person to the Annual FACA. training conference (airfare, meals, per diem] 10ther (ronsumable office supplies such as postage for mail outs equipment) TOTAL OUTREACH EXPENSES DIRE--T CILIEN-1 ASSISTANCE 0 M E E-: N E Rv v CRISIS Pxc 42 FY 2014 LIHEAP AGREEMENT ATTACHMENT L MULTI -COUNTY FUND DISTRIBUTION Recipient: MONROE COUNTY BOCC Agreement #: 14EA-OF-11-54-01-019 Number of Counties to be Served with this agreement: One If the Recipient will serve more than one county with this agreement, complete the form below. Describe how you will equitably allocate LIHE AP resources to each of the counties you serve. This plan must be in part based on the 150° o 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 count}- 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 150% POVERTY POPULATION*t COUNTY'S % OF POVERTY POPULATION IN SERVICE AREA TOTAL DIRECT CLIENT ASSISTANCE % OF AGENCY'S DIRECT CLIENT ASSISTANCE DOLLARS ALLOCATED TO THIS COUNTY $0.00 COUNTY ALLOCATION MONROE 158,24TOO #DIV/O! Total Budgeted Direct Client Assistance* 0 0% 158,247.00 #DIV/O! Allocation must be equal to Attachment J, Budget Summary and Workplan, Line 7. Page 43 FY 2014 LIHEAP AGREEMENT RECIPIENT: ATTACHMENT M JUSTIFICATION OF ADVANCE PAYMENT Monroe Countv BOCC AGREEMENT #: 14EA-OF-I1-54-01-019 lnc advance. palment under this ldrecmenr is subject to s. 216.181 (16; a tbj, Fk>rida �tatutc> and Paragraph ] 8� of tht. afncemcnt. The Recipient shall invest cash advances in compliance with section .21 (h) (2) (i) of the Common Rule, section .22 of OMB Circular A-110 as revised and Attachment B, Section C of this Agreement. Check the appltcabic box I Inc (check only one:. =NO ADVANCE REQUESTED No advance paament is being requested. Paament kill be made sulele on a reimbursement basis. ,,o additional information is required. =ADVANCE REQUESTED Advance pa) rnem of is requested. Salatnce of pacmcnts kill be made on a reimbursement basis. These funds arc needed to pa) staff, ,m and bcancfits to clients, duplicate forms and purchase start-up supplies and equipment. We \could not be able to operate the program without this ad\ ance. ADVANCE REQUEST WORKSHEET If an advance is requested, complete the following vvorkshcet bs filling in the cells highlighted in ecllom. DESCRIPTION (A) (B) (C) (D) FFY 2011 FFY 2012 FFY 2013 Total 1 TOTAL ALLOCATION (Includes any base 0.00 0.00 0.00 0.00 increases and carry -forward dollars) FIRST TWO MONTHS OF EXPENDITURES 2 0.00 0.00 0.00 0.00 3 AVERAGE PERCENT EXPENDED IN FIRST #DIV/O! #DIV/O! #DIV/O! #DIV/O! TWO MONTHS (Divide line 2 by line 1) t The expenses for the first m o months in which expenditures vsere reported need to be provided for the years you received a 1,II 1F AP agreement. If you do not have this information, call your grant manager and they will assist you. �� vy The Recipient may request an amount up to the historical percent of expenditures for the first 2 months of the agreement OR 17% of the award, whichever is less.* HISTORICAL PERCENT FOR FIRST 2 MONTHS: #DIV/O! x $ 203,466.00 = #DIV/O! Cell D3 LIHEAP Award Historical Advance 17 % CALCULATION: 203,466.00 x 0.17 = 34,589.22 LIHEAP Award Percent of Award Maximum Advance Page 44 i'! ! :!ffiv, i i i' ! i ATTACHMENTS: N. CERTIFICATE OF CORPORATE RESOLUTION O. FIDELITY BOND DOCUMENTATION P. UTILITY VENDOR AGREEMENTS Q. COPY OF WAP MOU R. COPY OF EHEAP MOU S. OUTREACH OFFICES T. WRITTEN COST ALLOCATION PLAN U. CENTRAL CONTRACTOR REGISTRATION V. COMPLETED AND SIGNED AUDIT COMPLIANCE CERTIFICATION M ATTACHMENT N I, as Secretary of NOT APPLICABLE ftl Florida nonprofit Corporation ("Corporation"), hereby certify that the following is a full, true and accurate copy of the resolution of the Board of Directors of the Corporation, duly and regularly passed and adopted at a meeting of the Board duly called and held in all respects as required by law and by the bylaws of the Corporation on at which meeting a quorum of the Board was present, and that the resolution remains in full force and effect and has not been modified or repealed. WHEREAS, it is in the best interest of the Corporation to enter into a grant agreement with the Florida Department of Community Affairs for the Fiscal Year 2008-2009 Low Income Home Energy Assistance Program. RESOLVED, that as the of the Corporation is hereby authorized and empowered on behalf of the Corporation to negotiate the terms for and to enter into and execute the above described agreement with the Florida Department of Community Affairs, and to negotiate the terms for and to execute any and all related documents which are necessary to effectuate the terms of said agreement. Executed by me as Secretary of the Corporation on President 46 Secretary (Corporate Seal) ATTACHMENT 0 The following page (page 48) is a copy the Monroe County Board of County Commissioners' Fidelity Bond Agreement. 47 a`corzn CERTIFICATE OF PROPERTY INSURANCE ATE O12/31/2013Y) 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. If this certificate is being prepared for a party who has an insurable interest in the property, do not use this form. Use ACORD 27 or ACORD 28. PRODUCER 1-561-995-6706 CONTACT NAME: Arthur J. Gallagher Risk Management Services, Inc. PHONEFAX PHONE 561-995-6706 No,Ext}: (ANo). 561-995-6708 2255 Glades Road E-MAIL Suite 200E ADDRESS; PRODUCER Boca Raton, FL 33431 . "$TOMER ID: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Cas & Surety Co 19038 Monroe County Board Of County Commissioners INSURER B: 1100 Simonton Street, Room #2-274 INSURERC. INSURER D : Key West, FL 33040 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 37875623 REVISION NUMBER: LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - T POLICY EFFECTIVE 1pOLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LTR DATE (MM/DDIYYYY) DATE (MMIDD(YYYY) COVERED PROPERTY LIMITS PROPERTYI'''�. BUILDING S CAUSES OF LOSS DEDUCTIBLES !, PERSONAL PROPERTY S BUILDING BASIC �'� BUSINESS INCOME iS BROAD CONTENTS ) EXTRA EXPENSE $ SPECIAL ! RENTAL VALUE S !. EARTHQUAKE j BLANKET BUILDING S li WIND BLANKET PERS PROP 1 $ FLOOD I -- BLANKET BLDG & PP $ $ �',.. INLAND MARINE TYPE OF POLICY S CAUSES OF LOSS NAMED PERILS ', POLICY NUMBER $ A X CRIME 1039009055 10/01/13 10/01/14 X CVG FORM O $ 1,000,000 — - _- TYPE OF POLICY PUBLIC EMP DIS BOILER & MACHINERY EQUIPMENT BREAKDOWN --- --- 5 S 5 SPECIAL CONDITIONS / OTHER COVERAGES (Attach ACORD 101. Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER Monroe County Board of County Commissioners The Historic Gato Cigar Factory 100 Simonton Street, Suite 2-268 Key West, FL 33040 aimbel ACORD 24 (2009109) USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1995-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 37875623 ATTACHMENT P UTILITY VENDOR AGREEMENTS The following pages (pages 50 to 55) are copies of the "Utility Vendor Agreements". 49 MONROE COUNTY BOARD OF COUNT VWUIlIAL Y COMMISSIONERS SOCIAL SERVICES LOW INCOME HOME ENERGY ASSITANCE PROGRAM UTILITY PAYMENT AGREEMENT WITH UTILITY BOARD OF THE CITY OF KEY WEST, FL DIB/A KEYS ENERGY SERVICES. P.O. BOX 6100 KEY WEST, FLORIDA 33040 (305) 295-1020 FAX: (305) 295-1034 The undersigned home energy supplier hereby agrees to the following conditions in order to receive utility payments from the Low Income Home Energy Assistance Program (LIHEAP): 1. This agreement will begin on fAPRIL 17 2013) and will end on (APRIL 16. 2015). The agreement will be reviewed/renewed no later than (MARCH 3l 2015). 2. The Recipient agrees to provide the Utility with a list of names and contact information for all agency personnel authorized to commit LIHEAP funds. The Utility will only accept payment commitment from authorized Recipient personnel. Changes (additions/deletions) to the authorized personnel list must be approved in writing by an authorized Recipient representative. 3. The Utility agrees to provide the Recipient with a list of names and contact information of all Utility representatives authorized to resolve the LIHEAP eligible customer's energy payment crisis. 4. The Recipient agrees to provide energy payments directly to the Utility on behalf of the LIHEAP eligible customer. 5. The Utility assures that no customer receiving LIHEAP assistance will be treated adversely because of such assistance under applicable provisions of state law or public regulatory requirements. 6. The Utility receiving direct payments on behalf of a customer agrees that the eligible customer will not to be treated differently than any other KEYS customer, either in the cost of goods supplied or the services provided. 7. The Utility understands that only energy related elements of a utility bill are to be paid with LIHEAP funds. No water or sewage charges may be paid except if required by the Utility to resolve the crisis. The Utility understands that only direct costs of energy related elements of a utility bill are allowed. No charges that result from illegal activities such as bad checks or meter tampering will be paid with LIHEAP funds. The Utility is aware that such charges are the responsibility of the customer and it is the Recipient's responsibility to identify such charges and exclude them from their payment to the Utility. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SOCIAL SERVICES LOW INCOME HOME ENERGY ASSITANCE PROGRAM UTILITY PAYMENT AGREEMENT WITH UTILITY BOARD OF THE CITY OF KEY WEST, FL D/B/A KEYS ENERGY SERVICES. 9. The Utility understands that when the LIHEAP benefit amount does not pay for the complete charges owed by the customer, that the customer is responsible for the remaining balance owed. 10. The Utility agrees to assist the Recipient in verifying the LIHEAP customer's account information. Subject to the Utility's privacy requirements, the Utility agrees to provide the Recipient with the following detailed customer account information: (1) current amount owed, (2) due dateJdisconnect dates and (3) amount necessary to resolve the crisis situation. 11. The Recipient agrees to provide a purchase order or payment transmittal sheet, which is a binding commitment to pay, to the Utility within 10 days from the date of the Recipient's promise to pay. The Recipient shall provide payment to the Utility within 30 days from the issuance of the purchase order or payment transmittal sheet. 12. This Utility agreement will be signed by Recipient and Utility upper level management with authority to enter into such commitments. 13. If a LIHEAP payment to the Utility cannot be applied to a customer's account, the funds will be returned to the Recipient. RECIPIENT MONROE COUNTY BOARD OF COUNTY COMMISSIONERS BY: 'e- (Signature) �evo e. N tn� a Name Title) 117/Zd/3 ( Date) UTILITY UTILITY BOARD OF THAITY O y WEST, FL a P.O. BOX 5100 c" a KEY WEST, FLORIDA 3RV-c - � C) :2 ra 0 BY. ''' (Signaturlr' �? o i r �ynh�it jt A6M Ct% (Name and Title) -- 3-/ 3 (Date) DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 20, 2012 TO: Kim Wilkes Wean, Sr. Grants Coordinator Social Services Department FROM: Pamela G. Hancoi .C. At the April 18, 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C7 a Vendor Agreement between Monroe County Social Services and Florida Keys Electric Cooperative for the Low Income Home Energy Assistance Program (LIHEAP). Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney w/o document Finance File ✓ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SOCIAL SERVICES LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) VENDOR PAYMENT AGREEMENT FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM THIS AGREEMENT is made and entered into this I�''�- day of 2012, by and Between Monroe County, hereinafter referred to as ("County") a political subdivision of the State of Florida whose address is 1100 Simonton Street, Key West Florida, 33040 on behalf of its Social Services Department, and Florida Keys Electric Cooperative (FKEC), whose address is 91605 Overseas Highway Tavernier, Florida, hereinafter referred to as ("Vendor"). WHEREAS, County has entered into a low-income home energy assistance program (LIHEAP) federally funded sub grant agreement with the State of Florida, Department of Economic Opportunity (DEO), ("LIHEAP Agreement"); and WHEREAS, the LIHEAP administered by Monroe County Board of County Commissioners, Social Services Department, provides funding to assist low income County Residents ("consumers") with payment of their energy costs; and WHEREAS, Vendor provides energy to low income consumers; and WHEREAS, County agrees to pay Vendor funds from LIHEAP to assist low income consumers with payment of their energy bills; and WHEREAS, Vendor agrees to accept the funds from LIHEAP to assist low income consumers with payment of their energy bills; NOW, THEREFORE, In consideration of the covenants and conditions herein and for other good and valuable consideration, each to the other, receipt of which is hereby acknowledged by all parties, County an d Vendor hereby agree as follows: Vendor's Responsibilities and Duties. The Vendor agrees to: 1) Accept the LIHEAP funds from County's LIHEAP office as either full or partial payment of energy bills for eligible low income consumers. 2) Charge eligible low income consumers, through Vendor's normal billing process, the actual unpaid difference between the vendor payment made through the program and the actual remaining unpaid cost of the home energy. 3) Eligible consumers receiving assistance under this program will not be treated adversely because of receipt of this assistance. 4) Eligible consumers, on whose behalf a vendor payment is received, either in cost of goods supplied or in the services provided, will not be discriminated against. 5) Adhere to and abide by the rules, regulations and guidelines of the LIHEAP program. 6) Notify County's LIHEAP office of any County payments not received by Vendor, for whatever reason, after the thirty (30) day notice of intent to pay has expired and furnish a copy of the payment guarantee. 7) Agree to not terminate services after notification from Monroe County Social Services that payment of an eligible recipient's utility bill will be made from LIHEAP funds. County Responsibilities and Duties. The County agrees to: 1) Determine the eligibility of energy customers to participate in the LIHEAP program. 2) Provide LIHEAP funds to either partially or fully satisfy payment of energy bills for eligible low income consumers. 3) Render payments to Vendor within thirty (30) days of County providing Vendor with notice of intent to pay. Payment to Vendor shall be made to: Name: Fi rlda Keys Electric Cooperative Address:WOverseas Highway PO Box: PO Sox 377 City/State/Zip: Tavernier, Florida 33070-0377 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original agreement. (SEAT.) ! � � BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Attest: DANNY L. KOLHAGE, CLERK . %-- . '4% B C �,L '� By: _ = �: Deputy Clerk Mayor/Chairperson -- N C! Ss Date: (SEAL) Attest/Wiz ses By: Name Printed: By; (LAU-4' I_j U Name Printed (:)�\�— CA S E'_ki 3/30/12 mskw Florida Keys Electric rative By: Title: Telephone:.�g� Fax: this _� day of'k,# ,2.012 ,1 0 O v r1 c; 0 0 4) Provide Vendor with a resolution of guaranteed payments within five (5) working days of notification from Vendor of any payments not received within the thirty (30) day notice of intent to pay. 5) Provide Vendor with the rules, regulations and guidelines of the LIHEAP program, and specifically those outlined in the UHEAP sub grant agreement, between Monroe County Board of County Commissioners and The State of Florida, Department of Community Affairs, DCA. 6) Agree to pay only energy related elements of an eligible recipient's utility bill. In no instance may water, sewerage or other non -energy related charges be paid expect if required by the vendor to meet the requirements of resolving the crisis. Any additional charges of this nature are the responsibility of the client. When the benefit paid by the Monroe County Social Services on behalf of the eligible recipient does not pay the complete charges owed, the eligible recipient will be solely responsible for the remaining balance. Terms of Agreement: The term of this Agreement shall be for five (5) years beginning on April 18, 2012 and terminating on April 17, 2017. However, this Agreement can be terminated by either party at any time, with or without cause, upon no less than fifteen (15) days notice in writing to the other party. This Agreement may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances in the event the County Administrator determines that termination is necessary to protect the public health or safety. NUUMUMUM WEATHERIZATION ASSISTANCE PROGRAM Monroe County Social Services is the current provider for Weatherization Assistance in Monroe County. Our current WAP agreement allocation from the Department of Economic Opportunity is $32,793.00. The WAP agreement requires that at least 10% of weatherized dwellings are LIHEAP referral clients. We currently have met this goal and continue to receive referrals from our current LIHEAP clients. 56 ATTACHMENT R COPY OF THE MEMORANDUMS OF AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND THE EMERGENCY HOME ENERGY ASSISTANCE FOR THE ELDERLY PROGRAM (EHEAP) PROVIDER. The following pages (58-64) are copies of the Memorandums of Agreement (MOA) between the Monroe County Board of County Commissioners AND the Emergency Home Energy Assistance for the Elderly Program (EHEAP) Provider, the Alliance for Aging, Inc. Also included are three (3) EHEAP Intake Center Referral Agreements (one each for Upper, Middle and Lower Keys). 57 f 1 . Memorandum of Agreement Be ov een Emergenc) Home Energy Assistance for the Elderly Program (EHE.IEP) and Low -Income Energy Assistance Program (LIHE:1P) The undersigned providers of energy assistance programs agree to coordinate services for households containing a member of 60 years of age or older. This coordination will prevent duplicate crisis assistance payments during the same heating and cooling season:. Client records will be maintained by both agencies, which include the type of assistance requested, the date requested, the disposition of the application and if approved, the amount of payment to the vendor. All parties will work together to increase the quality of services provided to seniors in need of this service in Monroe County. Signature o Authorizing Company Official for the EHEAEP ProgranvTitle Alliance for Aging, lns ' . y�ayGr• Signature of.Authortztng Company Official for the Monroe County LIHEAP Program Title n '1• _"� _ i 'h Date 1 .l 41-0 o Date •'oNaoE COu�ir'/ aT 0PNEY °0 Aa Jam}`/,-M �ZANNE s s EIMERGENCY HOME ENERGY ASSISTANCE FOR THE (7, INTAKE CENTER REFERRAL AGREE EN PROGRAM ENT (EHEAEP} This Referral Agreement ber,•{een the Planning and Ser�rce Area (pSA) i t anattianCO for A In the intake Center, Inc,, ire Area Agency shah begin on the date the has,been si red g- Cy on Aging tAAAj for Dater, This referral agreement " enrollment n -ement is in effect for a period of time that is equal to the totak r; e a paned in the EHEAE? program One 9 b both parties, ,-jhich9ver is development of a coordinated service deiive pur oSe f e Center's voluntary P o this agreement is to promote the purpose of this agreement delivery system to meet the energy 9 ement is to enable eligible elderly convenient manner by going to the intake center nearest for their la needs of the aged Another to and wrN treat each participant with dignity and respect pants to access the EHEAEP program place o/ residence, Both parties agree I. Objectives A. To maintain a climate of cooperation and consultation with a achieve maximum efficiency and effectiveness. A. To promote and between agencies, !n order to programs and activities designed to prevent the premature institutionalization of eiders and disabled adults. C. To require the parties of this Agreement to provide technical assistance other on matters duplication may not occurrnrng to EHEAEP ststance and consultation to each O• To establish an effective working relationshipbenefits and share appropriate information so initial assessment and verification of need, and the the intake and oversight of the EHEAEP program. Center responsible for the AAA that is responsible for management il• Under this Agreement, the intake Center agrees to the following: g; A. To accept referrals at large from an energy emerQency crisis and in need of assistance individuals in the comm t3• 7o provide quality services unity experiencing an C. To obtain all documentation trequiredhE�Edsrappticant. energy crisis exists and that the pplicant meets all guidelines in �• en maintain the EHEAEP a order to establish that an E• To /o maintain all n f PPlicant's confidentialitypertinent eligibility requirements. CO for ar at the Ormatlon obtained according to CFR Alliance for Aging and any required documentation3 t 301, G. T:) adhere ,0 �,Q Elder Heloline for e th4 EHEAEP -^aruat qu,remants and tr,4 polices andase 3ppro,fal and ^r ocessrng, prccedures outhnad in 'he EHEAEP Ul. Under this agreement, the Area Agency on Aging agrees to the, foJloNing: =°fir"3i �, .»f-•�.r 3 i .. 'S 33 }� IV. Termination In tie e%ent this agreement is terminated, the Intake Center agrees to terminate is delivered, a plan �ch dent'Fies procedures to ensure interrupted or suspended by tie termination. to submit. , the t,n $ rot;ca cf ,ntent 8 Ser�iC�S to consUrr ers , ;tl r•ot be A. Termination at'r'lill This agreement may be terminated b� notice, without cause, unless a lesser time is mutually agreed upon Said notice shall be delivered by cerYif f any party upon no less than thirty (30) calendar days of delivery. ed mail, return receipt requested, both parties, ;n writing. B. Termination for Breach quested, or ;n person with proof Unless a breach is waived by the area within the time spec waived by the area agency,agency in writing, or the parties, terminate the agreement upon no less tthe area r 24 rtyes lair to cure the breach shall be delivered b 9ency may, by written notice to the y certified mail, return receipt requested, or in � � hours notice. Person with proof of delivery. In In witness whereof, the parties have caused this Z page agreement to be officials as duly authorized, executed by their undersigned Area Agency on Aging pnnf rsm• ,its 31 ' f•i,trrnr +�I p Intake Center •�gn.lur. • ,r pnnf r�m� t%00 Simonton Street, Ke West, FL 33040 �-PPROVEo 1, E",tERGENCY HOME ENERGY AS FOR t HE EL0EILY INTAKE CENTER REFERRAL AGREEMENTFROGRA,tii (EHEAEP) T"`13 Referral •a ^ f..aq ,.rt"e P'anr,ng and Serlca r�rg qt� n the Alliance for A in Area tPSA) 1 t and, to ., :t-o area .agerc .ha intake Center, 5ha11 treg,n on the date the a reerr Y On Ay'rg (`�') fcr ,�. later. Th;s referral agreement s in effect fora g ent has been s, r• + enrollment period ;n the Period of time that is equal to he��takeaCenterys v01Uf q s deveiopment of a ccord;nated service program. Ore r r3 purpose of than agreement is to ntary purpose of this agreement is to enable eligiblesystem to meet the Promote the convenient manner b elderly energy needs of the aged Another Y going to the ,make center nearest to pair place of ants to erssi he EHEAEP to and will treat each participant with dignity and respect.program ;r, a Both parties agree I. Objectives A. To maintain a climate of cooperation and consultation achieve mawith and maximum efficiency and effectiveness, A. To promote programs and activities des; between agencies, in order to elders and disabled adults. -signed to prevent the premature institutionalization of C. To require the parties of this Agreement to provide technical assist other on matters assistance and consultation to each Pertaining to EHEAEP benefits and duplication may not occur. D. To establish an effective between ective working relationship share appropriate information so �Ntial assessment and verification el need een the intake AAA that and oversight of the EHEAEP program. and the Center responsible for the is responsible for management If. Under this Agreement, the intake Center agrees to th* following: A• To accept referrals at large from an energy emergency crisis and in need of assist nce, y elderly individual in the community experiencing an C• To obtain all documentation re EHEAEP applicant. energy crisis exists and that the required under EHEAEP D• en maintain the H applicant meets all pertinent giin order to establish E. EHEAEP applicant's confidentialitypertinent eligibility r that art To fcrvard ail information according Y requirements. Coordinator at t^e a ; cbta,nAd and any required9 !o �Z CFR 431 301. G. To adhere •o t4q rtc ance for Aging E,`det Het tin documentation to l+q _Tilrerr,e A 3 for Case aGproyal and ^.r�r+q- HEAEP an.;at errs and the po;;c;es and :,rccedures outl:n�d 1S,Fa C,ca EP lit. Under this agreement, tt•e •Area agency on aq;ng agrees to,,he 4 fott0'0'ing: 3. ,- ` l IL r 0Ari li t- C. Gi :M OV, Termination In !tee+.ent this greerrer t to !arrrirae 13 t-9 Intake Carter 3grees to submIt, at t?.9 tirre of �alr,ared, 3 clan dert,(- es procedures to ersure services to Corsum, rr iriterrLp-'ed or 5LSParided by :�-a termirat;crl lr!ert ers ,jljj rot 4a A. Termination at tiVill 7*1""s 39nee rrent may be "erminated by any party r?otica' �Yltmout cause, unleSs a lesser time is mutually upon no less than thirty (30) calendar da�s I ally agreed upon d btparties, iwritingSaid not:ce she I be delivered by certified mail, return receipt requeste, or in person ,v,th Of delivery, 8. Termination (Of Breach Proof Unless a breach is waived by the area agency in writing, or the parties fail to cure the breach within the time specs fled by the area agency, the area agency may, by written notice to the parties, terminate the agreement upon agency than twentY-four (24) hours notice, shall be delivered by certified mail, return receipt requested, or in Person with proof of Said notice fthe In witness whereof, delivery. parties have caused this 2 page agreement to ficials as duly authorized. be executed by their undersigned o A rea Agency on Aging I / . 11 'Zfbtfe rare , ' 'I ! i"111-Irl- Intake Center Print mama or late L 33050 E",1ERGENCY HO,14E ENERGY ASSISTANCE FOR AGREEMENT (7�, THE INTAKE CENTER REFERRAI AGREE",1 E ElpRpGRA!�1 (EHEgEp) EN T;s Referral Agroan.ont t:etween the AillanCe for q In P'arnrrg and �eriica ,ire the intake Center shalt bA (PSA) 11 ard•1 Inc , 'r4 Area A- g;n on the date the agreement has been s; n �enc/ cn Aging (A} ry 'ater. This eferral agreement is , affect anroiimsnt pariod :n fr• Ct for a period o/ lima that rg e Signed by both s t ere'' deveiopment of a coordinated serviPe gm ©ne equal to the intakeaCerterY %-'Olu�er s pro Purpose of this agreement is to enable eligible eldert purpose of this s roluniar% delivery system to meet the a agreement is to convenient manner b g nergY needs of the a promote the to and writ treat each y gain to the intake center nearest to their is to access the aged. Another participant with dignity Place of residencsHEAEp program in a 9 y and respect. Both parties agree �• objectives A To maintainama a climate of cooperation and cansuttatlon with achieve maximum efficiency 9• To promote programs and activities and effectiveness. to proven and between a elders and disabled adults. agencies, in order to C• To require the t the premature institutionalization of other parties of this Agreement to provide technical assistance and Oil matters Pertaining to EHEAEP bone/its and consu►cation to each 0. To establish an effective working share appropriate information so initial assessment and verification relationship need P between the intake Center responsible and oversight of the EHEAEP program � and the AAA that is responsible for the for management If. Under this Agreement, the Intake Center agrees to the following; A• To accept referrals at large from an energy emergency y elderly individuals in th t3. To provide gency crisis and in need of assistance. a community C. To obtain all documenality se 'tationtoehe EHEAEP applicant. Y experiencing an required energy crisis exists and that the a under EHEAEP �. To maintain the EHEAEP a ti applicant meets all guidelines it order to e E. To f°rNard act pD cant's confidentiality pertinent eligibility r slablish that an information o Y accord;n Y equrrements. Coorr�inator at ire f3tl; btained and ary re g to 42 CFR -431.301 G. To , ance fcr ,Ain quired r 3r.3aherg .Q 'ha r3 �Ulr9Tcr,t ,g ides/ No�Dlins or asa 3ooro ent�tton .'rj 'ho _i!c a = for r " d c an o o=ess rg P cedur-? 4 Il. .Under ttt'3 Agraorr,ant. the area gency on ,aging ree 9 s to he (olto.ving• »r rermiriation ;S terminated, .-,,,a !r1take to terminate I, left, fared, a planCarter agrees to Submit, at t�.a - -1 ch �dertlf;..s Prccadures "','efriPted :r suspended by tle '.' to ensure services to t"re ro,"ca of corsurrers A. Termination at vjIll This agreement may be terminated by any party upon no less r'C)t'c8, Without cause, unless a lesser t� than thirty (jo) calendar dais e 's Mutually agreed upon by both parties, Said notice shall be delivered by certifieldrrm I of delivery. ail, return receipt requested, or in writing. B. Termination for Breach In person With proof Unless a breach is waived by the area within the times agency in writing, or the parties fail to cure the breach ecifled by the area agency, the area agency may, by written notice to the parties, terminate the agreement shall be delivered by certified mail, upon no less than twenty.four (24) hours notice. return receipt requested, Of in Person with Proof of Said notice delivery, 'n witness whereof, the parties have caused this 2 Page agreement to be executed by their Undersigned officials as duty authorized'. Area Agency an IAging Orrnl ram, Intake Center 'Al7ntatLon Key, FL .1 33070 :are r T A — --7-3 .Z3 . A % 'Xk 11 (K ATTACHMENT S OUTREACH OFFICES The following Outreach Offices provide LIHEAP services: Lower Kevs The Historic Gato Cigar Factory 1100 Simonton Street, Suite 1-200 Key West, Florida 33040 305-292-4408 (phone) 305-295-4376 (fax) County Served: Monroe County Current staff. 2 Full time Case Managers, Administrative Assistant Case Manager Supervisor, Grants Coordinator and Social Services Director Office hours: Monday through Friday, Sam to 5pm. Middle Keys Marathon Government Annex 490 63rd Street Ocean, Suite 190 Marathon, Florida 33050 305-289-6016 (phone) 305-289-6317 (fax) County Served: Monroe County Current staff. Staff Assistant/intake specialist and Case Manager Office hours: Monday through Friday, 8arn to 5pm. Upper Keys Plantation Key Government Center 88770 Overseas Highway, Suite #I Tavernier, Florida 33070 305-852-7125 (phone) 305-852-7159 (fax) County Served: Monroe County Current staff. Staff Assistant/intake specialist and Case Manager Office hours: Monday through Friday, 8arn to 5pm. 65 ATTACHMENT T WRITTEN COST ALLOCATION PLAN Attached please find Monroe County Social Services Written Cost Allocation Plan for the administering of the Low Income Home Energy Assistance Program (LIHEAP). 66 MINV I"ES OF TIIV MONROV ('OI"`N"IN BOARD O COI TY CONIMISSION'ERS Re<,ular fleeting Board of County CoI'll"issloliel s Thursday, .irtnuary 10, 2014 Ke*; tl'est, Florida A Re��ular ivleeting of the Monroe County Board of County Commissioners CO at 9:00 ANI., at the Harvev Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Georsx R. Nugent and Flavor Pro -"fern Danny Kolhage. Also present at the meeting v ere Roman Gastesi, County Administrator; Bob Shillinger, Count} Attorney; Amy Heavilin, County Clerk; Vida Fernandez, Deputy Clerk; County Staff', members of the press and radio, and the general public. ADDITIONS, CORRECTIONS, DELETIONS Item A A motion was made by Commissioner Neugent and second by Commissioner Carruthers granting approval of the Additions, Corrections and Deletions to the Agenda. Motion carried unanimously. PRESENTATION OFAWARDS Item B I Presentation of Years of Service Award for 15 years of service to :Monroe County to John Kipp, Senior Technician N'taintenance, Facilities Maintenance, Public Works & Engineering Division. BULK APPROVALS Motion tivas made by Commissioner Neugent and seconded by Commissioner Carruthers granting approval ofthe Bulk Approvals Motion carried unanimously. Item C1 Board granted approval to advertise a Solicitation for Proposals for a Provider to conduct an evahiation of services, pro�-,rams and communications and to develop a Monroe County Americans with Disabilities Act Transition Plan. lte1nC2 Board granted approval to advertise a Solicitation for Proposals for a Provider to Sere as mi Flnp oc ee .ass=stance Proigram, to prol'Ide Contldelitlal COUIISelffl SCI-'ices to emplo�ces anal then dependents In the kmer, tlliddle and upper kevS, and also to pro%lde educational i rOup sennnars and orientation group Sessions- Item ('7 Boar;; t,ranted 1ppro-"al o! a Workers' C on1pensation settlement In the amount �o 1, )I JC C Case N( J V L Rem ('26 Boar , gnuacd appRoal to ratify a Contract with American F3hi e (A"up3nY r€_ We remount OC 190105 5o Aw the No Nw re Key Bridge Lme gency Regan, P ject. Lou C28 Fat}aril vrarated approval of reccrpt of n?t'nth1y report uri Change t)reer We"ed by the County Administrator's ()ftice. Item C 30 Board granted approval of the I= Income F lome Energy As�istance Program Federally Funded Sub grant Agreement Number 14 LA-(*165001-019 between "We County Board of Couiltt Commissioners 4Community Services/Social Services) and the State of Florida, Department of LcOnoiC Opportunity for the provision of funds to pay electric in bills for low income WIN Item C31 Board granted request approval of Amendment to Agreernent between the Board of County Commissioners and GA Food Services, Inc., w1hch renews the Agreement for the 2nd and final gene"A year at a price of $3.64 per meal and provides all updated Supply List, Item C32 Board (granted approval of a correction due to a scrivener's error in Amendment 005 and Amendment 006 to Be Contract between Hospice of the Florida Keys, Inc., dba Visiting Nurses Association and the Monroe County BOCCIMomoe County Social Services AND direction to the Clerk of Courts to place a memo in the official records acknowledging the correction. Item C33 Board granted approval to advertise a Public Hearing for a Budget Amendment for the Infrastructure Sales Surtax 2007 Revenue Bond, Fund 308, Item C34 Board granted approval of First Amendment of Langan E:nghwedng Environmental, Inc- contract, amending price list for biannual surface eater testing/nionitoring. "The only, landfill to be tested will be Cudjoe. Cost to the County will be $1850 per year, for a total of $d3,320 as amended. TOURIST DE`'ELOPIMEN-r COUNCIL Item D I Board granted approval of an Amendment to Agreement x6th Florida Revs Community Concert Band, Inc. covering the Pops in the Park to revise Exhibit C — Schedule of Events. Item D2 Board granted approval of an assignment of a Destination Event Funding Agreement for the Ileroes Welcome Weekend from BH'iW 1lav:k's Cav Properly Holdings.. LTC, d b a I la"Vs Cav Resort to Keys hotel Operator, Inc. d.b a haws Cay Resole, Iteni D3 Board {granted approval of an Amendment to a Dishing, Aulleement vv ith Salukater I-ishing (` rintion LLC to revise Be name ofthe Islamo-ada M Tackle Bonefish world Charnpionsh o to lWamorada Fall _y11 Tackle Bonefish and Permit Chtulipii nship.. anal amend the li "Ilct nut'inins m ckoc to Ianuars 31, Z014. — P;< a 1j 1o/20 N iVonroe County Social Services Written Allocation Plan Below is a detailed explanation of Monroe County Social Services Cost Allocation Plan for the LIHEAP Contract Year 2014-2015. Administrative Expenses: (Salaries and fringe benefits) These expenses consist of salaries of the SR. Social Services Director and Compliance Mangaer. The budgeted allocations are based on an employee's Personnel Action Form (PAF) which specifies the percentage of time each employee spends performing the work of a particular grant or program. Each employee also completes a "Personal Activity Sheet" each week which reflects the number of hours the employee dedicates to different programs. The Director and Compliance Manager are not 100% dedicated to LIHEAP, but spread across different grants and revenue funds. These percentages allocated to LIHEAP were developed utilizing a cost analysis, historical data, recurring Unit Cost Methodologies and taking into account program requirements. Salary expenses which includes fringe benefits total: $12,750.00 Other Administrative Expenses: (travel, training conference, phone, postage, printing, Xerox, Maintenance agreement for LIHEAP database software and office supplies). These expenses are based on prior actual historical cost of the items utilized to run the program efficiently. Other Administrative Expenses total; $4,544.00 Total Administrative Expenses: $ 17,294.00 Outreach Expenses: (Salaries and fringe benefits) These expenses consist of salaries for a full time Case Manager spending 20% of their time performing outreach, intake and eligibility determination. Z: The Case Manager is a full time employee with full benefits. The other 80% of their time is dedicated to Welfare and paid out of the General Revenue Fund. Salary expenses for case manager total: $12,529.00 Z:I 67 Other outreach expenses consist of two staff assistant/intake specialist in two separate outreach offices. These individuals work 40 hours per week with full Benefits, but only expend 15% of their time performing LIHEAP outreach duties. These duties would include setting up appointments, intake, applications and referrals. These budgeted allocations are also based on an employee's Personnel Action Form (PAF) which specifies the percentage of time each employee spends performing the work of a particular grant or program. Each employee also completes a "Personal Activity Sheet" each week which reflects the number of hours the employee dedicates to different programs. The Staff Assistants are not 100% dedicated to LIHEAP and work the remaining 75% under the General Revenue Funds in the department of Welfare. These percentages were developed utilizing a cost analysis, historical data, recurring Unit Cost Methodologies and taking into account program requirements. Outreach salary expenses for 2 staff assistant/intake specialist total: $12,380.00. Additional outreach expenses consist of travel performed by the case manager and staff assistants for needed home visits for eligible clients. Travel expenses for I person to attend the annual FACA training conference for ongoing LIHEAP training. Also included are miscellaneous expenses consisting of consumable office supplies and materials. Total Outreach expenses: $27,925.00 Other indirect expenses such as office space, Financial Audits, vehicle maintenance and fuel for vehicles are donated/in kind items that are provided via Monroe County BOCC General Revenue Funds. Implementation, oversight and periodic quarterly review of allocation plan are completed by the Compliance, the Social Services Director and further internal auditing by our Clerk of the Courts Fiscal department. ZI ATTACHMENT U The following pages (70-73) contain the print screen of the CCR Registration for Monroe County Board of County Commissioners. 69 vy,-,.on��n w.aumarayarrau E f 4ll �'r4Lt�iT (Iry SC lot-"�t .'" 7ft5 tiMTE1) STATES Entity Record <Entity Record Please see below for the entire Entity Registration record. If you would We have a copy of this list please use the Print button. MINT`u Current Record 7 VIEW iII.SIORIGIi RfiCORD DUNS Number 073876757 D&B Legal Business Name: COUNTY OF MONROE Doing Business As: (none) Core Data [Expand All I (Collapse All Business &TIN Information: Business Information: Business Start Date: 07/02/1823 Fiscal Year End Close Date: 09/30 Company Division Narre: Office of Managerrent and Budget Company Division Number: Corporate URL: http://www.rnonroecounty-fl.gov Congressional District: 26 Registration Date: 01/06/2003 Activation Date: 08/13/2013 Expiration Date: 08/13/2014 Renewal Date: 08/13/2013 Physical Address: Address Line: 1100 SIMONTON ST RM 2-205 City- KEY WEST State/Province: FL Country: UNITED STATES t ZIP/Postal Code: 33040 -3110 Mailing Address: Address Line: 1100 SIMONTON STREET City: KEY WEST State/Province: FL Country: UNITED STATES ZIPLPostalCode: 33040 -3110 CAGE/NCAGE Code CAGE: 3C1Z4 General Information —1 Country of Incorporation: State of Incorporation: Business Types For more information on an entity's socio-economic status please see SBA's Dynamic Small Business Search. Government Type County US. Local Government Entity Structure U.S. Government Entity Entity Type US Local Government Purpose of Registration httnc //wank caD1[tr]iAmlaiLrlihliclSC6dL?mlaLca�rminantk fclAfif3IIFF. *4 49AP.47Ak.fR4 np-ar ifrm tr�ttfnaltniSatCTaTa=:1RPN r(77%4RX�i A" -' 17 12/3u/13 1:;Wtemi tor Award Management Federal Assistance Awards Other Governmental Entities Housing Authorities Public/Tribal Planning Commission Airport Authority Transit Authority i Financial Information L Do you accept credit cards as a rrethod of payment? No Account Details: CAGE Code: 3CIZ4 Electronic Funds Transfer: Automated Clearing House (ACH): 1 Executive Compensation Questions Proceedings - I Questions ------ - Information Opt -Out I authorize my entity's inforrietion to be displayed in SAM's Public Search: Yes Point of Contact [Errand ANI I [Collage AN] - - -- -- -- ------------ - - ..... .... - - - ------ - ------- - ----- ---- - ------- ------ - ----------- �Mandatory Point of Contact: Electronic Business POC Title: First Nacre: LISA Middle Name: Last Name: TENNYSON US Phone: (305)292-4444 Extension: NON US Phone: Notes: Address Line 1: 1100 SIMONTON STREET City: KEY WEST State/Province: FL Country: UNITED STATES ZIP Postal Code; 33040 -3110 1 Government Business POC Ttlie: First Nacre: LISA k1jacle Name: Last Name: TENNYSON US Phone: (305)292-4444 Extension, NON US Phone: Notes: Address Line 1: 1100 SIMONTON ST, City: KEY WEST State/Prov nce: FL Country: UNITED STATES Accounts Receivable POC Optional Point of Contact: I 1 Electronic Business Alternate POC Ttie: F,rst Nacre: -11 NA httnqr//,"-An1n--jj4rV4tA ji � /rV NIr rnnARXHr.A 9111 Qp LVI I I I- — . — - -�j -, — " Middle Name: Last Name: ROAN US Phone; (305)292-4472 Extension: NON US Phone: Notes: Address Line 1: 1100 SIMONTON STREET City: KEY WEST State/Province: FL Country: UNITED STATES 7TDIP—.[ r,H., iin4ri -2iin Government Business Akernate POC IRA" First Name: TINA Middle Name: Last Name: BORN US Phone: (305)292-4472 Extensor: NON US Phone: Notes: Address Line 1; 1100 SIMONTON ST. City: KEY WEST State/Province: FL Country: UNITED STATES ZIPiPostal Code: 33040 -3110 SAM I System for Award Management 1.0 Note to all Users: This is a Federal Government computer system Use of this system constitutes consent to monitoring at all times. IBM v 1. 1425.20131220-1428 WWW1 on,. h"n,z-//xA"w ,qm nrY4n(Yt;; I/ ru jinfir.15, AM/? rvvt A �rryrirvvwint I V,1