12/08/1999 Agreement
1l9annp I. ~olbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAmON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAs HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (305) 852-7145
FAX (305) 852-7146
MEMQRA.N.QYM
TO:
Jim Malloch, Director
Community Services
Attn:
FROM:
Louis LaTorre,
Social Services Director ~. a. . t:r.
Isabel C. DeSantis, Deputy Clerk
Date:
December 16, 1999
--------------------------------------------------------------
--------------------------------------------------------------
At the December 8, 1999 Commissioners' meeting, the Board granted
approval and authorized execution of LIHEAP FY 2000/2001 Low-
Income Home Energy Assistance Program Agreement between Monroe
County and the Florida Department of Community Affairs, #00EA-F5-
11-54-01-018.
Attached hereto are three (3) duplicate originals executed by
Monroe County for your follow-through with DCA. Please be sure
that the Clerk's Original is returned to this office as quickly
as possible.
Should you should have any questions concerning this matter,
please do not hesitate to contact me.
cc: County Attorney
County Administrator, w/o document
finance
\/'File VoJlo c::J.~.
i LIHEAP FY 2000-2001
C I e r k: '.,j 0 r I j /rril J
CONTRACT NUMBl ~ 00EA-F5-11-54-01-018
CFDA NUMBER 93.568
, \
LOW INCOME HOME ENERGY ASSISTANCE
PROGRAM AGREEMENT
TillS Agreement is entered into by and between the State of Florida, Department of Community
Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and
Monroe County Board of County Commissioners, (hereinafter referred to as the "Recipient"),
TillS Agreement IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified herein, and does offer
to perform such services, and
WHEREAS, the Department has a need for such services and does hereby accept the offer
of the Recipient upon the terms and conditions hereinafter set forth.
WHEREAS, the Department has authority pursuant to Florida law to disburse the grant
funds under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and Scope
of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES.
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Both the Recipient and the Department shall be governed by applicable Stat~f'e~ ~
laws. rules and regulations, including but not limited to those identified in Attachm~?B~ ~ ~
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(3) PERIOD OF AGREEMENT, z;:Oc.; > ;;0
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This Agreement shall begin upon execution by both parties or ADril 1. 2000;.tvhi'hev8l is 0
later, and shall end March 31. 200l unless terminated earlier in accordance with thdf>roC:siotll;'of~
paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT; REPAYMENTS,
Either party may request modification of the provisions ofthis Agreement. Changes which
are mutually agreed upon shall be valid only when reduced to writing, duly signed by each ofthe
parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the
Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallaha~see, Florida 32399-2100
Any additional terms and conditions pertaining to modification of this Agreement are set
forth in Attachment B.
(5) RECORDKEEPING
(a) Ifapplicable, the Recipient's performance under this Agreement shall be
subject to the Common Rule, 45 CFR Part 74, 76 and 92, or OMB Circular No. A-I 10, "Grants
and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit
Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local
Governments," OMB Circular No. A-2I, "Cost Principles for Educational Institutions," or OMB
Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made
with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) All original records pertinent to this Agreement shall be retained by the
Recipient for three years following the date of termination of this Agreement or of submission of
the final close-out report, whichever is later, with the following exceptions:
1. Ifany litigation, claim or audit is started before the expiration of the
three year period and extends beyond the three year period, the records will be maintained until all
litigation, claims or audit findings involving the records have been resolved.
2. Records for the disposition of non -expendable personal property valued
at $5,000 or more at the time of acquisition shall be retained for three years after final disposition.
3. Records relating to real property acquisition shall be retained for three
years after closing of title.
(c) AU records, including supporting docwnentation ofall program costs, shall
be sufficient to detennine compliance with the requirements and objectives of the Budget and
Scope of Work -Attachment A - and all other applicable laws and regulations.
(d) The Recipient. its employees or agents, including all contractors or
consultants to be paid from funds provided under this Agreement, shall allow access to its records
at reasonable times to the Department, its employees, and agents. "Reasonable" shall be COnstnled
according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m.
to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to,
auditors retained by the Department.
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(e) Any additional terms and conditions pertaining to property management and
procurement under this Agreement are set forth in Attachment H.
(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly
reports, and a close-out report.
(b) Quarterly reports are due to be received by the Department no later than the
twenty-first (21st) of the month following the last month of the reporting period, and shall
continue to be submitted each quarter until submission of the close-out report. The ending dates
for each quarter of the program are June 30, September 30, December 30, and March 30.
(c) The close-out report is due 45 days after termination of this Agreement or
upon completion of the activities contained in this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the
Department or are not completed in a manner acceptable to the Department. the Department may
withhold further payments until they are completed or may take such other action as set forth in
paragraph (9). The Department may tenninate the Agreement with a Recipient if reports are not
received within 30 days after written notice by the Department. "Acceptable to the Department"
means that the work product was completed in accordance with generally accepted principles and
is consistent with the Budget and Scope of Work.
(e) Upon reasonable notice, the Recipient shall provide such additional program
updates or infonnation as may be required by the Department.
(f) The Recipient shall provide additional reports and infonnation as identified in
Attachment D.
(7) MONITORING
The Recipient shall constantly monitor its performance under this Agreement to ensure that
time schedules are being met. the Budget and Scope of Work is being accomplished within
specified time periods, and other performance goals are being achieved. Such review shall be
made for each function or activity set forth in Attachment A to this Agreement.
(8) IJJUBILI1l{
(a) Except as otherwise provided in subparagraph (b) below, the Recipient shall
be solely responsible to parties with whom it shall deal in carrying out the tenns of this Agreement,
and shall save the Department harmless against all claims of whatever nature by third parties
arising out of the performance of work under this Agreement. For purposes of this Agreement, the
Recipient agrees that it is not an employee or agent of the Department, but is an independent
contractor.
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(b) Any Recipient who is a state agency or subdivision, as defined in Section
768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts
which result in claims or suits against the Department, and agrees to be liable for any damages
proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(9) DEFAULT. REMEDIES. TERMINATION
(a) If the necessary funds are not available to fund this agreement as a result of
action by the Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, or if any of the following events occur ("Events of Defiwlt") , all obligations on the part
of the Department to make any further payment offunds hereunder shall, if the Department so
elects, terminate, and the Department may at its option exercise any of its remedies set forth
herein; but the Department may make any payments or parts of payments after the happening of
any Events ofDemult without thereby waiving the right to exercise such remedies, and without
becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this
Agreement or any previous Agreement with the Department shall at any time be filIse or misleading
in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or
covenants contained in this Agreement or any previous Agreement with the Department and has
not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder.
2. If any material adverse change shall occur in the financial condition of
the Recipient at any time during the term of this Agreement from the financial condition revealed in
any reports filed or to be filed with the Department, and the Recipient fails to cure said material
adverse change within thirty (30) days from the time the date that the written notice is sent by the
Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information.
4. If the Recipient has failed to perform and complete in timely fashion any
of the services required under the Budget and Scope of Work attached hereto as Attachment A
(b) Upon the happening ofan event ofdemult, the Department may, at its
option, upon written notice to the Recipient and upon the Recipient's failure to timely cure,
exercise anyone or more of the following remedies, either concurrently or consecutively, and the
pursuit ofany one of the following remedies shall not preclude the Department from pursuing any
other remedies contained herein or otherwise provided at law or in equity:
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1. Terminate this Agreement, provided that the Recipient is given at least
thirty (30) days prior written notice of such termination. The notice shall be effective when placed
in the United States mail, first class mail, postage prepaid, by registered or certified mail-return
receipt requested, to the address set forth in paragraph (10) herein.
2. Commence an appropriate legal or equitable action to enforce
perfonnance of this Agreement.
3. Withhold or suspend payment of all or any part ofa request for payment.
4. Exercise any corrective or remedial actions, to include but not be limited
to, requesting additional information from the Recipient to determine the reasons for or the extent
of non -compliance or Jack ofperfonnance, issuing a written warning to advise that more serious
measures may be taken if the situation is not corrected, advising the Recipient to suspend,
discontinue or refrain from incurring costs for any activities in question or requiring the Recipient
to reimburse the Department for the amount of costs incurred for any items determined to be
ineligible.
under law.
5. Exercise any other rights or remedies that may be otherwise available
(c) The Department may terminate this Agreement for cause upon such written
notice as is reasonable under the circwnstances. Cause shall include, but not be limited to, misuse
of funds; fraud; Jack of compliance with applicable rules, laws and regulations; failure to perform in
a timely manner; and refusal by the Recipient to pennit public access to any document, paper,
letter, or other material subject to disclosme under Chapter 119, FIa. Stats., as amended.
(d) Suspension or termination constitutes final Department action under
Chapter 120, Fla. Stats., as amended. Notification of suspension or termination shall include
notice of administrative hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-
compliance with laws, rules, or regulations governing the use of the funds or this Agreement.
parties.
(t) This Agreement may be terminated by the written mutual consent of the
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to
the Department by virtue of any breach of Agreement by the Recipient. The Department may, to
the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until
such time as the exact amount of damages due the Department from the Recipient is determined.
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(10) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing,
either by hand delivery or first class, certified mail, return receipt requested, to the representative
identified below and said notification attached to the original of this Agreement.
(b) The Department contract manager responsible for this Agreement is:
Ms. Hilda Frazier, Planning Manager
Florida Department of Community Affairs
Division of Housing & Community Development
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahactl)Ce, FL 32399-2100
(c) 'The name and address of the representative of the Recipient responsible for
administration of this Agreement is:
Louis LaTorre
Director of Social Services
Public Service Bldg.
5100 College Road
Key West, FL 33040
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new
representative will be rendered as provided in (lO)(a) and/or (c) above.
(11) OTIlER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy ofall the
information. representations, and materials submitted or provided by the Recipient in this
Agreement, in any subsequent submission or response to Department request, or in any submission
or response to fulfill the requirements of this Agreement, and such information. representations,
and materials are incorporated by reference. 'The lack of accuracy thereof or any material changes
shall, at the option of the Department and with thirty (30) days written notice to the Recipient,
cause the termination of this Agreement and the release of the Department from all its obligations
to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. Ifany provision
hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict, and shall be deemed
severable, but shall not invalidate any other provision oftbis Agreement.
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(c) No waiver by the Department of any right or remedy granted hereunder or
failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of
any other right or remedy of the Department hereunder, or affect the subsequent exercise of the
same right or remedy by the Department for any further or subsequent defiwlt by the Recipient.
Any power of approval or disapproval granted to the Department under the terms of this
Agreement shall survive the tenns and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of
which may be taken as an original.
( e) The Recipient agrees to comply with the Americans with Disabilities Act
(Public Law 101-336,42 D.S.C. Section 12101 et sea.), ifapplicable, which protubits
discrimination by public and private entities on the basis of disability in the areas of employment,
public accommodations, transportation, State and local government services, and in
telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to a public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and
may not transact business with any public entity in excess of Category Two ($15,000 in September
1996) for a period of 36 months from the date of being placed on the convicted vendor list.
(12) AUDIT REOUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents,
in accordance with generally accepted accounting principles. to account for the receipt and
expenditure of funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review,
or audit by state personnel and other personnel duly authorized by the Department. "Reasonable"
shall be constnled according to circumstances, but ordinarily shall mean normal business hours of
8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
( c) The Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds awarded
under this Agreement.
(d) The Recipient shall provide the Department with an annual financial audit
report which meets the requirements of Sections 11.45 and 216.349, Fla.Stat., and Chapter 10.550
and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of
1984,31 U.S.C. ss. 7501-7507 and OMB Circular A-133 for the purposes of auditing and
monitoring the funds awarded under this Agreement. The funding for this Agreement is received
by the Department as a grant in aid appropriation.
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1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and grant revenue by sponsoring Recipient and
Agreement number.
3. The complete financial audit report, including all items specified in (12)(d) 1
and 2 above, shall be sent directly to:
Department of Community Aft3irs
Officeofthel~torGenend
2555 Shumard Oak Boulevard
Tal1aha..~, Florida 32399-2100
(e) In the event the audit shows that the entire funds, or any portion thereof: was
not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(f) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this Agreement for a period of three years after the
date of submission of the final expenditures report. However, iflitigation or an audit has been
initiated prior to the expiration of the three-year period, the records shall be retained until the
litigation or audit findings have been resolved.
(g) The Recipient shall have all audits completed by an independent certified public
accountant (IP A) who shall either be a certified public accountant or a public accountant licensed
under Chapter 473, F1a.Stat. The IPA shall state that the audit complied with the applicable
provisions noted above.
(h) The audit is due seven (7) months after the end of the fiscal year of the
Recipient or by the date the audit report is issued by the state Auditor General whichever is later.
(i) An audit performed by the state Auditor General shall be deemed to satisfY the
above audit requirements.
(13) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement,
a copy of the executed subcontract must be forwarded to the Department within thirty (30) days
after execution of this Agreement. The Recipient agrees to include in the subcontract that (i) the
sub-recipient is bound by all applicable state and federal laws and regulations, and (il) the
subcontractor shall hold the Department and Recipient harmless against all claims of whatever
nature arising out of the sub-recipient's performance of work under this Agreement, to the extent
allowed and required by law.
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(14) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
( 15) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as ifset out fully herein,
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but
only to the extent of such conflict or inconsistency,
(c) This Agreement has the following attachments:
A. Budget and Scope of Work
B. Program Statutes and Regulations
C. Recordkeeping
D. Reports
E, Justification of Advance Payment
F. Copyright, Patent and Trademark
G, Property Management and Procurement
H. Statement of Assurances
I. Leveraging Funds
J, Special Conditions
(16) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$68.848, subject to the availability of cash and appropriate budget authority.
(b) Any advance payment under this Agreement is subject to s. 216,181 (15),
Florida Statutes, The amount which may be advanced may not exceed the expected cash needs of
the Recipient within the first three (3) months, or 25 percent ofthe Agreement amount, which ever
is less, For a federally funded contract, any advance payment is also subject to federalOMB
Circulars A-1 02, A-11 0, A-122 and the Cash Management Improvement Act of 1990. If an
advance payment is requested, the budget data on which the request is based and a justification
statement shall be included in this Agreement as Attachment E. Attachment E will specify the
amount of advance payment needed and provide an explanation ofthe necessity for and proposed
use of these funds.
1, ~ No advance payment is requested.
2. _ An advance payment of$
is requested.
(c) After the initial advance, ifany, payment shall be made on a reimbursement
basis. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
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(d) Recipients shall invest cash advances in compliance with section .21 (h) (2) (i)
of the Common Rule and section .22 of OMB Circular A-11 0 as revised. Interest earned shall be
reflected on the monthly financial status report as earned income.
(17) STANDARD CONDITIONS
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement
is contingent upon an annual appropriation by the Legislature. and subject to any modification in
accordance with Chapter 216, F1a. Stats. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, the Agreement may be renewed on
a yearly basis for a period of up to two (2) years after the initial agreement or for a period no
longer than the term of the original agreement. whichever period is longer, specifying the tenns
under which the cost may change as detennined in the invitation to bid. request for proposals. or
pertinent statutes or regulations.
(c) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with s. 112.061. Fla. Stat.
(e) The Department of Community Aftairs reserves the right to unilaterally cancel
this Agreement for refusal by the Recipient to allow public access to all documents. papers, letters
or other material subject to the provisions of Chapter 119, Fla. Stat. and made or received by the
Recipient in conjunction with the Agreement.
(f) The State of Florida will not intentionally award publicly-funded contracts to
any contractor who knowingly employs unauthorized alien workers. constituting a violation of the
employment provisions contained in 8 V.S.C. Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act (INA]. The Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the
Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds
for unilateral cancellation of this Agreement by the Department.
(18) STATE LOBBYING PROHIBITION
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by
the Florida Legislature or any state agency.
(19) COPYRIGHT. PATENT AND TRADEMARK.
If applicable to this Agreement. refer to Attachment F for tenns and conditions
relating to copyrights, patents and trademarks.
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(20) LEGAL AU1HORIZA TION
The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive the funds to be provided under this Agreement and _ if applicable, its
governing body has authorized, by resolution or otherwise, the execution and acceptance of this
Agreement with all covenants and assurances contained herein. The Recipient also certifies that
the undersigned possesses the authority to legally execute and bind Recipient to the terms of this
Agreement.
(21) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
(22) VENDOR PAYMENTS
Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to
vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and
acceptance of goods and/or services provided in accordance with the tenns and conditions ofthe
Agreement. Failure to issue the warrant within 40 days shall result in the Department paying
interest at a rate as established pursuant to Section 55.03(1) Fla. Stats. The interest penalty shall
be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency
may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the
state Comptroller's Hotline at 1-800-848-3792.
(23) BUDGET AND SCOPE OF WORK. CERTIFICATION
The Recipient certifies that the data in Attachment A of this Agreement and its
various sections, including budget data, are true and correct to the best of its knowledge and that
the filing of this attachment has been duly authorized and understands that it will become part of
the Agreement between the Department and the Recipient.
(24) LOBBYING CERTIFICATION
The Recipient certifies, by its signature to this Agreement, that to the best ofhis or
her knowledge and belief
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee
of any state or federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the
malcing of any Federal grant, the making of any Federal loan, the entering into of any cooperative,
and the extension, continuation, renewal, amendment or modification of any Federal contract,
grant, loan or cooperative Agreement.
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(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency,
a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan or cooperative Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included
in the award documents for all subawards at all tiers (including subcontracts, subgrams, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifY
and disclose accordingly.
(d) This certification is a material representative of filet upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who faiIs to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
(25) CERTIFICATION REGARDING DEBARMENT. SUSPENSION. AND OTHER
RESPONSIBILITY MA TIERS
(a) By signing this agreement, the Recipient 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 judgement rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to ob_ or performing a public (Federal, State or local)
transaction or contract under public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
(3) are not presently indicted or otherwise criminal1y or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(4) have not within a three-year period preceding this agreement had one or
more public transactions (Federal, State or local) terminated for cause or default.
(b) Where the Recipient is unable to certifY to any of the statements in this
certification, such Recipient shall attach an explanation to this agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agree~nt to be executed by
their undersigned officials as duly authorized.
RECIPIENT
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Monroe County Board of Commissioners
_ ~ame)
By ~l...~,_,..~,
Shirley Freeman, Mayor
By C:( .91. aL
Lena A. Price. Chief
Bureau of Community Assistance
/!t1/~
I /
(Type Name and Title)
Date 1~-o8-99
Date
59 6000749
Federal Identification Number
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ATTACHMENT A-I
FEDERAL FISCAL YEAR: 00 CONTRACT PERIOD: ADm 1. 2000 TO March 31.2001
FOR DCA USE ONLY
DATE RECEIVED: ~ CONTRACT NO: OOSA-F5 -II. S4 -61- ()i~
REVISION(S) RCVD: ~ \ ~ GRANT lYPE: Low Income Home Energy Assistance Program (LlHEAP)
DCA CONSULTANT: \C"\j~r),11+tn
I. RECIPIENT CATEGORY: {} Non-Profit {x} Local Government
II.
COUNTIES TO BE SERVED WITH THESE FUNDS:
Monroe
m. GENERAL ADMINISTRATIVE INFORMATION
a. Name of Grantee: Monroe County Board of Commissioners
b. Address: Public Service Bldg., 5100 College Road
City: Kev West , FL Zip Code: 33040
Telephone: (30~ 292-4573 County: Monroe
Fax: ~01 292-4517
E-Mail Address: rncssw@rnail. state. fl. us
c. Mailing Address (if different from above):
, FL Zip Code:
d. Chief Elected Official (For local governments) or President! Chainnan of Board
(for corporations):
Name: Shirley Freeman
Title: Mayor. Board of County Commissioners
e. Official to Receive State Warrant:
Name: Danny Kolha~e
Title: Clerk of Courts
Mailing Address: 500 Whitehead Street
Key West , FL Zip Code: 33040
f. Contact Person:
Name: Louis LaTorre
Title: Director of Social Services
Mailing Address: 5100 College Road
Key WeRt , FL Zip Code: 33040
Telephone: ( ) 305/292-4573
Fax: () 305/292-4517
E-Mail Address:mcssw@mail.state.fl.us
g. Person(s) authorized to sign fiscal reports: Louis LaTorre
James L. Roberts
h. Federal Identification Number: 59 6000749
14
A1TACHMENT A-2
LIHEAP AND LIHEAP LEVERAGING
BUDGET SUMMARY AND WORKPLAN
NAME OF RECIPIENT:
MONROE COUNTY SOCIAL SERVICES
L BUDGET SUMMARY
LlHEAP FUNDS ONLY BUDGETED AMOUNT
1. TOTAL LIHEAP FUNDS ONLY (NO LEVERAGING FUNDS) 68,848.00
ADMINISTRATIVE EXPENSES
2. (Salaries including Fringe, Rent. Utilities, Travel, Other)
(Total cannot exceed 7.5% of Line 1) 5,163.00
OUTREACH EXPENSES
3, (Salaries including Fringe, Rent, Utilities, Travel, Other)
(Total cannot exceed 15% of Line I minus Line 2) N/A
DIRECf CLIENT ASSISTANCE
4. Home Energy Assistance Payments (Must be at least 25% of Line I) 25,000.00
5. Crisis Payments 37.308.00
6. Weather Related/Supply Shortage (Must be at least 2% of Line I) 1 , 377 . 00
7. SUBTOTAL DIRECf CLIENT ASSISTANCE (LINES 4-6) 63.685.00
LEVERAGING FUNDS ONLY (LiDa 8-10)
8. Home Energy Assistance
9. Crisis Assistance
10. SUBTOTAL LEVERAGING (Lilla 8+9)
11. GRAND TOTAL (LiDa 2+3+7+10) 68,848.00
IL DIRECf CLIENT ASSISTANCE BUDGET DETAIL AND WORKPLAN
Type of AsaistaDce: Estimated # of
Households to be Served
Estimated Cost Per
HOtL'lehold
Estimated
EspeDdltares
(CoL 1 :J: CoL 2)
~ :_~~~:"~'~-~Co:~ r :~~. " ~ ~ ?~~":y:'::~ ~'-,. ~ :~~; ::{:;-.~ ~;'~' n~> .:: '~,:~~:~.i.::i 1~~.~' -. _. - . '.~
,.~~.. .::J;....................-. t..~~_b~~~<O~..1 ',",'~ ~~__ ~~~~.............____~~:..~_ .... ~ 4_ "..J.;.
Rome EDergy 300
83
25,000.00
Crisis 2') 0
Weather Related!
Supply Shortage 35
TOTAL
149
37,308.00
39
1,377 .00
.
.
~ -:.t....._':.;.....'-(~,4:'-~...r.".....: ...~~'....:~i-<..~Jt"7~!""..--- ;-r-:.~i."";"t~-.......~. -.. .~~ ~:""~'?~~:""'--......-.~Il-'~.r ....,. ", ~.". ~.._
"'U.JI.''ftf-lI<"'''.:~ "'....h.i......-.\ -,>-<.'" . . ..~. - ' ,'... "'" \,,'~'>_1~...,*,~""_
~_.I"'-~~~.'/":~'_'!f~"*~~~~t/~~;~~:"_ ~....~.J"~~-_lJ.'.JII.,~..~.:_-_::"":~;~)~:~~~~a.::~:~~~, ~ ~~~ ~~. ~
Home EDergy
Crisis
TOTAL
15
ATTACHMENT A-3
m. ADMINISTRATIVE AND OUTREACH EXPENSE BUDGET DETAIL (LiDes 2-3)
LiDe Item
Number
EXPENDITURE DETAIL LmEAP FUNDS
(Round up tiDe items to dollan. Do Dot use ceDts aDd
decimals iD totals)
ADMINISTRATIVE EXPENSES
2.A. Travel
1,000.00
2.B. Other
4,163.00
(1) Phone/Postage..........l,OOO.OO
(2) Rental/Copy............ 163.00
(3) Office Supplies........2,000.00
(4) Operating Supplies.....l,OOO.OO
TOTAL ADMINISTRATIVE EXPENSES
5,163.00
31. OUTREACH EXPENSES
N/A
DIRECT CLIENT ASSISTANCE
(4) Home Energy Payment
25,000.00
(5) Crisis Payment
37,308.00
(6) Weather Related/Supply
1 , 377 . 00
TOTAL DIRECT CLIENT ASSISTANCE
63,685.00
GRAND TOTAL (LIHEAP)
68,848.00
16
ATTACHMENT A-4
BUDGET AND SCOPE OF WORK
A. BUDGET
The Budget, Budget Detail, Work Plan and Work Plan Summary are incorporated as
attached.
B. SCOPE OF WORK
The Recipient shall utilize the funds provided under this Agreement to:
(1) Conduct outreach activities designed to ensure that eligible households, especially
households with elderly individuals or handicapped individuals, or bo~ are made aware of the
assistance available under this Agreement.
(2) Coordinate services between programs for potential clients, living in the service area,
with the Departments' Weatherization Assistance Programs and County Cooperative Extension
Office's energy conservation information Department.
(3) Provide assistance to clients in completing state provided applications for assistance
and detennining eligibility,
(4) Make home visits to home-bound clients for completion of the program application or
eligibility determination when other assistance such as by telephone is not adequate.
(5) Have Agreements with home energy vendors which benefit clients.
(6) Make LIHEAP payments based on a state-provided payment matrix.
(7) In most instances, make vendor payments directly to fuel providers or Recipients on
behalf of eligible clients.
(8) In instances where vendor Agreements cannot be negotiated, make payments directly
to clients in the form of a one or two party check.
(9) Determine the correct amount of each crisis benefit based on the minimwn necessary to
resolve the crisis, but not more than the item limits or total limit set by the Department.
(10) Check LIHEAP records and Emergency Home Energy Assistance for the Elderly
Program (EHEAP) records (for households with elderly members) to avoid duplicate crisis
assistance payments during the same heating or cooling season.
(11) When the applicant is not in a life threatening situation, take actions that will resolve an
emergency within 48 hours of the application approval for a crisis benefit.
17
ATTACHMENT A-5
BUDGET AND SCOPE OF WORK
(12) When the applicant is in a life threatening situation, take actions that will resolve an
emergency situation within 18 hours of the application approval for a crisis benefit.
(13) Resolve client-vendor differences.
(14) Provide fair hearings to clients upon request.
(15) The Recipient shall be responsible for notifying each participating household of the
amount of assistance paid on its behalf to home energy suppliers or the reason for no assistance
being paid.
18
LIHEAP
ATTACHMENT B-1
PROGRAM ST ATIITES AND REGULATIONS
Incorooration of Laws. Rules. Re2Ulations and Policies
Proiects or Proszrams Funded in Whole or Part with Federal Monev
ProIZraIIl Income
Modifications
Monitoritu!
Other Provisions
Client Eliszibilitv and Client Records
Other Soecial ReQuirements
A. INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
The applicable documents governing service provision regulations are in the Low-Income
Home Energy Assistance Act of 1981 (Title XXVI of the Omnibus Budget Reconciliation Act of
1981, Public Law 97-35) as amended, Administrative Rule Chapter 9B-65, Florida Administrative
Code; and the LIHEAP Manual. The following Federal Department of Health and Human
Services regulations codified in Title 45 of the Code of Federal Regulations are also applicable
under this agreement:
1. Part 16 - Department Grant Appeals Board
2. Part 30 - Claims Collection
3. Part 75 - Informal Grant Appeals Procedure
4. Part 76 - Debarment and Suspension from Eligibility for Financial Assistance
Subpart F. Drog-Free Workplace
5. Part 80 - Nondiscrimination under programs receiving Federal assistance through
the Department of Health and Human Services (HHS) effectuation of Title VI of
the Civil Rights Act of 1964
6. Part 81 - Practice and procedure for hearings under Part 80 of this title
7. Part 84 - Nondiscrimination on the basis of handicap in programs and activities
receiving Federal financial assistance
8. Part 86 - Nondiscrimination on the basis of sex in education programs and activities
receiving Federal financial assistance
9. Part 91 - Nondiscrimination on the basis of age in HHS programs or activities
receiving Federal financial assistance
10. Part 93 - New restrictions on lobbying
11. Part 96 - Block Grants
12. Part 97 - Consolidation of grants to the insular areas
19
LIHEAP
ATTACHMENT B-2
B. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL
MONEY
The Recipient assures, as stated in Section 508 of Public Law 103-333, statements, press
releases, requests for proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees receiving Federal funds,
including but not limited to State and local governments and recipients of Federal research grants,
shall clearly state:
(1) the percentage of the total costs ofthe program or project which will be financed
with Federal money,
(2) the dollar amount of Federal funds for the project or program, and
(3) percentage and dollar amount of the total costs of the project or program that will
be financed by non-govenunental sources.
C. PROGRAM INCOME
The Recipient may reapply program income for eliglble program projects or objectives.
The amount of program income and its disposition must be reported to the Department at the time
of submission of the final close-out report.
D. MODIFICATIONS
(1) The Department shall not be obligated to reimburse the Recipient for outlays in excess
of the funded amount of this Agreement unless and until the Department officially approves such
expenditures by executing a written modification to the original contractual Agreement.
(2) Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon, with the exception of the following, shall be valid only when
reduced to writing, duly signed by each of the parties hereto, and attached to the original of this
Agreement.
(3) The line item budget as given in Attachment A-1 of this agreement and reported on the
quarterly financial status reports may not be altered without a written budget modification with the
exceptions sziven below:
(a) The Recipient may transfer unobligated budgeted line items within a budget
category as long as the budget category subtotal remains the same. Each
line item must meet all contractual budget requirements. For the purpose of
transferring funds, the following are considered budget categories:
Administrative Expenses, Outreach Expenses, Direct Client Assistance, and
Leveraging Expenses.
20
LmEAP
ATTACHMENT B-3
(b) Any and all Administrative Expenses and Outreach Expenses may be
transferred to any Direct Client Assistance line item without additional
written authorization. Each line item must meet all contractual budget
requirements.
(c) A letter of explanation and a revised budget snmmary and workplan page
must be provided to the Department for any line item changes prior to the
submission of a financial status report in which the changes are
implemented. This is not a fonnal modification, but will provide the
Department with advance notice and a description of information
concerning your budget revisions.
(d) None of the budget transfers may violate this Agreement or OMB Circulars
A-lID, Common Rule, A-I21 or A-87. Your information will be reviewed
by the Department for compliance with these circulars.
(4) All requests for fonnal modifications must be submitted to the Department for
approval in writing at least thirty (30) days prior to the anticipated implementation
date. The Recipient must use a LIHEAP modification package, approved by the
Department, which includes an amended budget summary and workplan page and
amended budget detail page.
(5) Only unobligated funds may be transferred from one line item to another line item.
E. OTHER PROVISIONS
(1) The Recipient must budget a minimwn of twenty-five (25) percent of the total
Agreement funds allocation for Home Energy Assistance.
(2) The Recipient must budget a minimwn of two (2) percent of the total Agreement funds
for Weather Related or supply shortage emergency assistance. These funds must be held in this
budget line item category until December IS of each program year for use in response to a possible
disaster. These funds will be used during state or federal emergencies declared by the President.
the Governor or the Secretary of the Department. In the event of an emergency being officially
declared and the Recipient or the Department finding that the two percent will not be a sufficient
amount to meet the emergency, the Recipient may draw on other Agreement categories up to fifty
percent (50%) of the total Agreement without additional written authorization. After December
IS, ifno such emergency has been declared, the Recipient will allocate these funds to the crisis or
the home energy category of the program without additional written authorization from the
Department.
(3) In addition to the audit and record keeping requirements contained in Section (12) of this
Agreement, the books, records, and documents required under this Agreement must also be
available for copying and mechanical reproduction on or otfthe premises of the Recipient.
21
LmEAP
ATTACHMENT B-4
(4) If the U.S. Department of Health and Human Services initiates a hearing regarding the
expenditure of funds provided under this Agreement, the Recipient shall cooperate wi~ and upon
written request, participate with the Department in the hearing.
(5) The Department shall furnish a payment level matrix for each of the three climatic
zones within the state that will be used by the Recipient when determining payment levels.
(6) The Recipient shall ensure that the home energy supplier will provide assurances that
any Agreement entered into with a home energy supplier will contain provisions to assure that no
household receiving assistance will be treated adversely because of such assistance under
applicable provisions of state law or public regulatory requirements.
(7) The Recipient shall ensure that any home energy supplier receiving direct payments
agrees not to discriminate, either in the cost of goods supplied or the services provided, against the
eligible household on whose behalf payments are made.
(8) The Recipient shall ensure that only energy related elements of a utility bill are paid. In
no instance may water and sewage charges be paid except if required by the vendor under the crisis
category to meet the requirement of solving the crisis. Vendors must be made aware that those
charges are the responsibility of the client.
(9) The Recipient shall make vendors aware that when the benefit amount to the client
does not pay for the complete charges owed by a client, that the client is responsible for the
remaining amount owed.
(10) The Recipient shall be responsible for entering into written Agreements with home
energy suppliers containing all of the above requirements.
(11) The Recipient shall agree to treat owners and renters equitably under this Agreement.
(12) The Recipient shall make written provisions to provide an opportunity for a fair
administrative hearing to individuals whose claim for assistance are denied or are not acted upon
with reasonable promptness. Such provisions must be posted in a prominent place within the
office where it is on view for all applicants.
(13) Funds under this Agreement may not be used for the purchase of land, or the
purchase, construction, or permanent improvement of any building or other filcility
F. MONITORING
(1) The Recipient shall allow the Department to carry out monitoring, evaluation and
technical assistance and shall ensure the cooperation of its employees, and of any subrecipients
with whom the Recipient contracts to carry out program activities.
22
LmEAP
ATTACHMENT B-5
(2) Training and technical assistance shall be provided by the Department, within limits
of staff time and budget, upon request by the Recipient and/or upon determination by the
Department of Recipient need.
G. CLIENT ELIGffiILITY REOUIREMENTS
The local service Recipients will be responsible for determining the eligibility of the clients
applying for the LIHEAP program and its crisis components.
Client eligibility is based on nine factors. They are as follows:
(1) The client must reside in a Florida county covered by the Recipient's Agreement where
and when application is made as indicated by the address given and the date stamped on the
application.
(2) The client must complete an application and return all required information and
verification to the Recipient while funds remain available.
(3) The client must provide a fuel bill for home energy or provide other documentation
proving an obligation to pay for home energy costs.
(4) The client must have a total household income (less exclusions) of not more than 125%
of the OMB federal poverty level for their household's size.
(5) The client must have a verifiable home energy crisis (crisis components only).
(6) The crisis client's household must not have liquid assets that total or exceed the amount
needed to resolve the crisis.
(7) The client must not live in government subsidized housing projects where home
heating and cooling costs are totally included in their rent and they have no obligation to pay any
portion of the home heating and cooling costs.
(8) The client must not reside in a group living facility or a home where the cost of
residency is at least partially paid through any foster care or residential program administered by
the state.
(9) The client must not be a student living in a donnitory.
H. OTHER SPECIAL REOUIREMENTS
(1) The Recipient shall ensure that no person shall be excluded from participation in any
activity of the program on the grounds of race, color, national origin, sex or age, and such person
shall not be subjected to discrimination under any activity funded in whole or in part with these
funds.
23
LmEAP
ATTACHMENT B-6
(2) The Recipient will define what criteria and verification will be used in its local area to
detennine ifa household is in danger of losing home energy.
(3) The Recipient will take applications when it has a signed Agreement, advance funding
and adequate training, and continue taking applications until the Agreement expires, funds run out,
or a break is needed to allow staff time to process applications already received.
(4) The Recipient will not charge applicants a fee to provide these benefits.
(5) The Recipient will furnish supervision of all staff members assigned responsibilities for
these programs, especially new and temporary employees.
(6) The Recipient will be in a location and operate during hours available to clients.
(7) The Recipient will refund, with non-federal funds, to the Department all funds
incorrectly paid to clients that cannot be collected from the client.
(8) The Recipient will have appropriate staff attend training sessions, not to exceed three
days, as scheduled by the Department to cover LlliEAP policies and procedures.
(9) The Recipient will furnish training for all staff members assigned responsibilities for the
program.
(10) The Recipient will add infonnation such as the Recipient's name, address, and times
of operation to the forms provided by the Department or similar Recipient-developed forms and
duplicate as needed.
24
LffiEAP
ATTACHMENT C
RECORD KEEPING
A. If applicable, Recipient's perfonnance under this Agreement shall be subject to the
Common Rule, 45 CFR Part 74, 76 and 92 or OMB Circular No. A-II0, "Grants and Agreements
with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either
OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No.
A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles
for Nonprofit Organizations." If this Agreement is made with a connnercial (for-profit)
organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition
Regulations 31.2 and 931.2.
B. All original records pertinent to this Agreement shall be retained by the Recipient for three
years following the date of termination of this Agreement or of submission of the final close-out
report, whichever is later, with the following exceptions:
(1) If any litigation, claim or audit is started before the expiration of the three year period
and extends beyond the three year period, the records will be maintained until all litigation. claims
or audit findings involving the records have been resolved.
(2) Records for the disposition of non-expendable personal property valued at $1,000 or
more at the time of acquisition shall be retained for three years after final disposition.
(3) Records relating to real property acquisition shall be retained for three years after
closing of title.
C. All records, including supporting documentation of all program costs, shall be sufficient to
determine compliance with the requirements and objectives of the Budget and Scope of Work,
Attachment A, and all other applicable laws and regulations.
D. The Recipient, its employees or agents, including all subrecipients or consultants to be paid
from funds provided under this Agreement, shall allow access to its records at reasonable times to
the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during nonnal business hours of8:00 a.m. to 5:00 p.rn.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors
retained by the Department.
2S
LffiEAP
ATTACHMENT D
REPORTS
A. Annual renorts - WIthin 45 days after the end of the contract/program the Recipient shall
submit a LlliEAP Close-out Report, including the LlliEAP Final Financial Report, a refund check
for any unspent funds, and the LlliEAP Final Program Report.
B. Monthlv reoorts - The LlliEAP Monthly Financial Status Report must be provided to the
Department by no later than the twenty-first (21st) of each month following the end ofthe
reporting month in which funds were expended.
C. Ouarterlv Reoorts - For each county the Recipient serves, the LlliEAP Household
Quarterly Program Report must be provided to the Department by no later than the twenty-first
(21st) of the month following the end of the last month of the quarterly reporting period.
D. Upon reasonable notice, the Recipient shall provide such additional program updates or
infonnation as may be required by the Department, including supporting or source documentation
for any reports identified above in this section
The reports shall be submitted to:
Ms. Hilda Frazier, Planning Manager
Florida Department of Community Affairs
Division of Housing & Community Development
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
26
LmEAP
ATTACHMENTE
JUSTIFICATION OF ADVANCE PAYMENT
Indicate if you are requesting an advance or ifno advance is being requested by placing an
X in the appropriate brackets below. If you are requesting an advance, you must also complete the
calculation of the advance amount below.
[ ) ADVANCE REQUESTED
We are requesting an advance of$
of the program.
for the operation of the first three months
These funds are needed to pay staff: award benefits to clients, duplicate forms and purchase start
up supplies and equipment. We would not be able to operate the program without this advance.
Calculation of the advance amount:
X25 % (.25) = $
(Requested Advance)
Total Allocation $
["NO ADVANCE REQUESTED
27
LmEAP
ATTACHMENT F
COPYRIGHT. PATENT AND TRADEMARK
A. If the Recipient brings to the perfonnance of this Agreement a pre-existing patent or
copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or
copyright unless the Agreement provides otherwise.
B. Ifany discovery or invention arises or is developed in the course of or as a result of work
or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Department for a determination whether patent protection
will be sought in the name of the State of Florida. Any and all patent rights accruing under or in
connection with the performance of this Agreement are hereby reserved to the State of Florida. In
the event that any books, manuals, films, or other copyright able material are produced, the
Recipient shall notify the Department. Any and all copyrights accruing under or in connection with
the perfonnance under this Agreement are hereby reserved to the State of Florida.
C. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or
should know could give rise to a patent or copyright. The Recipient shall retain all rights and
entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will
indicate that no such property exists. The Department shall then, under Paragraph (b), have the
right to all patents and copyrights which occur during perfonnance of the Agreement.
28
LmEAP
ATTACHMENT G
PROPERTY MANAGEMENT AND PROCUREMENT
A. All such property purchased under this Agreement shall be inventoried annually and an
inventory report shall be submitted to the Department as part of the close-out report.
B. All property purchased under this Agreement shall be listed on the property records of the
Recipient. Said listing shall include a description of the property, model number, manumcturer's
serial number, funding source, information needed to calculate the federal and/or state share, date
of acquisition, unit cost, property inventory number and information on the location, use and
condition, transfer, replacement or disposition of the property.
C. Title (Ownership) to all nonexpendable property acquired with funds from this
Agreement shall be vested in the Department upon completion or tennination 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.
29
LIHEAP
ATTACHMENT H-l
STATEMENT OF ASSURANCES
A. Interest of Certain Federal Officials. No member of or delegate to the Congress of the
United States, and no Resident Commissioner, shall be admitted to any share or part of this
Agreement or to any benefit to arise from the same.
B. Interest of Members. Officers. or Emplovees of Recipient. Members of Local Governino
Bodv. or Other Public Officials. No member, officer, or employee of the Recipient, or its
delegates or agents, no member of the governing body of the locality in which the program is
situated, and no other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his tenure or for one year thereafter, shall have
any interest, direct or indirect, in any contract or subcontract, or the proceeds thereot: for work to
be performed in connection with the program assisted under this Agreement. The Recipient shall
incorporate or cause to be incorporated in all such Agreements, a provision prohibiting such
interest pursuant to the purposes of this subsection. No board member, officer or employee will be
permitted to receive any remuneration or gift in any amount. Board members may receive travel
expenses in accordance with s. 112.9061, Florida Statutes.
C. Neootism. The Recipient agrees to abide by the provisions of s. 112.3125, Florida
Statutes. pertaining to nepotism in their performance under this Agreement.
D. LlliEAP Assurances. The Recipient hereby assures and certifies as a condition of
receipt of Low Income Home Energy Assistance Program funds, that it and its subrecipients will
comply with the applicable requirements of Federal and State laws, rules, regulations, and
guidelines. As part of its acceptance and use ofLlliEAP funds, the Recipient assures and certifies
that:
(1) The Recipient possesses the legal authority to apply for the grant, and that the
contract proposal has been approved by the Recipient's governing body, including all assurances
contained herein.
(2) The Recipient possesses the sound fiscal controls and fund accounting procedures
necessary to adequately safeguard the assets of the agency, check the accuracy and reliability of
accounting data, promote operating efficiency and lJ'IAintain compliance with prescribed
management policies of the agency.
(3) The Recipient will permit and cooperate with Federal and State investigations
designed to evaluate compliance with the law.
(4) The Recipient will give the Department, the Auditor General or any authorized
representatives, complete access to examine all records, books, papers or docwnents related to all
fiscal and program operations of the grant, including those of any sub-recipient.
(5) The Recipient will comply with non-discrimination provisions, in accordance with
Florida Statutes; section 677 ofP.L. 97-35; Titles VI and VII of the Civil Rights Act of 1964; and
45 C.F.R. Parts 84, 86 and 90.
30
. .
LmEAP
ATTACHMENT H-2
STATEMENT OF ASSURANCES
(6) The Recipient will comply with section 680 of Public Law 97-35, as amended,
which prolubits use ofLlliEAP funds for purchase or improvement ofJand, or the purchase,
construction, or pennanent improvement of any building or other facility.
(7)
correct.
The LlliEAP application and all its attachments, including budget data, are true and
(8) The Recipient will prohibit any political activities in accordance with subsection
(e) of Section 675 (c) (6) of Public Law 97-35, as amended.
(9) This Agreement has been approved by the Recipient's governing body by official
action, and the officer who signs it is duly authorized to sign this Agreement.
(10) The Recipient will provide infonnation to local media and agencies in contact with
low income individuals announcing the beginning of both the crisis program component and the
heating and cooling assistance program with infonnation stating how, where, and when to apply,
as well as the benefits available and eligibility criteria.
(11) The Recipient will operate both program components in a manner that makes them
available to all potentially eligible clients in their service area.
(12) The Recipient will make home visits or telephone interviews when necessary,
particularly with the elderly and handicapped.
(13) The Recipient will determine the correct amount of the benefit payment for each
LIHEAP household based on a state-provided payment matrix and worksheet.
(14) The Recipient will determine the correct amount of the benefit payment for each
crisis household based on the minimum necessary to resolve the crisis but not more the maximum
per household and maximum per item set by the Department.
(15) The Recipient will distribute payments to vendors under vendor Agreements on
behalf of eligible households. Vendor payments shall be made directly to fuel providers by the
Recipient on behalf of eligible clients, unless the Recipient is unable to secure a vendor Agreement.
In instances where vendor Agreements cannot be negotiated, payments shall be made to the clients
in the form of a one or two party check.
(16) The Recipient will deny ineligible applicants within 30 days of receiving all
requested information.
(17) The Recipient will furnish applicants with a Notice of Approval or Notice of Denial
(18) The Recipient will make home energy payments within 45 days of the date all
requested information is received.
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LmEAP
ATTACHMENT H-3
STATEMENT OF ASSURANCES
(19) The Recipient will make payments to those applicants with the "highest home
energy needs" 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.
(20) The Recipient agrees to comply with Public Law 103-227, Part C, Environmental
Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act). This Act requires that
smoking not be permitted in any portion of any indoor facility owned or leased or contracted for
by an entity and used routinely or regularly for the provision of health, day care, education, or
library services to children under the age of 18, if the services are funded by Federal programs
either directly or through States or local governments. Federal programs include grants,
cooperative agreements, loans or loan guarantees, and contracts. The law does not apply to
children's services provided in private residences, facilities funded solely by Medicare or
Medicaid funds, and portions of facilities used for inpatient drug and alcohol treatment.
The Recipient further agrees that the above language will be included in any subawards
which contain provisions for children's services and that all subrecipients shall certifY compliance
accordingly. Failure to comply with the provisions of this law may result in the imposition ofa
civil monetary penalty of up to $1000 per day.
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, "'
LffiEAP
ATTACHMENT I
LEVERAGING FUNDS
The Recipient may receive additional LlliEAP funds in this contract period as a result of leveraging
activities in its service area during the prior contract year. The amount indicated below is incorporated
into the FY 2000 LIHEAP allocation. These funds can only be used for direct client assistance, and
cannot be used for administrative or outreach costs. Separate tracking and reporting of these funds
from the regular LIHEAP allocation is mandatory in order to meet federal reporting requirements.
Separate LlliEAP leveraging report forms will be provided with the signed contract proposal package.
LevengiDg faDds aIDDot be earried forward aDd therefore mast be expeDded dariDg the CODtract
period. These faDeIs should be expeDded prior to other direct clieDt assistaDce faDds.
Leveraging Amount:
-0-
Recipient: Monroe County Board of County Commissioners
33
LmEAP
ATTACHMENT J
SPECIAL CONDITIONS
A. The Recipient and its subrecipients shall comply with the following special conditions:
NONE
B. Failure of the Recipient or its subrecipients to comply with the special conditions under this
Agreement shall be cause for the immediate suspension of payments, and may be cause for the
immediate termination of this Agreement.
Revised 11/9/99
1:\BCA\CASnCSp _UNIT\2000LlHE\CONT _2000.wpd
34