02/21/2001 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATIlON, 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
MEMORANDUM
DATE:
February 26, 2001
TO:
Louis Latorre, Director
Social Services Division
Pamela G. Hanc~
Deputy Clerk 'CY
FROM:
At the February 21, 2001, Board of County Commissioners meeting the Board granted
approval and authorized execution of the 200112002 Low-Income Home Energy Assistance
Program Federally Funded Subgrant, Contract No. 01EA-1l-54-01-018, between Monroe
County and the Florida Department of Community Affairs.
Enclosed are two duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure that the fully executed "Clerk's Original" is returned to our office
as soon as possible. Should you have any questions please feel free to contact our office.
Cc: County Administrator w/o document
County Attorney
Finance
FiIe/
OKl!~rY ~o~~~E
(305) 294-4641
Social Services Department
5100 College Road, Wing III
Key West, FL 33040
(305) 292-4573
(305) 292-4517 FAX
(~.,---
!h. RD OF COUNTY COMMISSIONERS
Dixie Spehar, District I
MAYOR George Neugent, District 2
Charles "Sonny" McCoy, District 3
Mayor Pro Tern Nora Williams, District 4
Murray E. Nelson, District 5
.
MEMORANDUM
FROM:
Danny Kolhage
Clerk of Court
LOU~S LaTor~e, Directo~ ~~~
Soclal SerVlces ~~
I
April 2, 2001
TO:
DATE:
RE:
Contract Number 01EA-90-11-54-01-018
LIHEAP FY2001-2002
For your records, attached please find a fully-executed
original of the above-referenced Contract.
Attachment
L1HEAP FY 2001-2002
CONTRACT NUMBER: 01 EA-90-11-54-01-018
(March 1, 2001-March 31, 2002)
CFDA NUMBER 93.568
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM
FEDERALLY FUNDED SUBGRANT
THIS 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").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. 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
B. 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.
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the
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grant funds under this Agreement. ~C'")?;; ;: I::::
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NOW, THEREFORE, the Department and the Recipient do mutually agree as fOll~""'r.:I=~= , ci
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(1) SCOPE OF WORK ~?5~: g
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The Recipient shall fully perform the obligations in accordance with ther~6o~ of ~rk~
I~ ;:ry en C
Attachment A of this Agreement. ..... ~
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Program Statutes and
Regulations, Attachment B of this Agreement.
(3) PERIOD OF AGREEMENT
This Agreement shall begin on March 1.2001. and shall end March 31. 2002 unless terminated
earlier in accordance with the provisions of paragraph (9) of this Agreement.
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(4) MODIFICATION OF CONTRACT:' REPAYMENTS,
Either party may request modification of the provisions of this Agreement. Changes which
are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the 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
Tallahassee, Florida 32399-2100
(5) RECORDKEEPING
(a) If applicable, 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-110, "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 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 rec~rds 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 $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.
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(c) All records, including supporting documentation of all program costs, shall be sufficient to
determine compliance with the requirements and objectives of the Budget Summary and Workplan,
Attachment K of this Agreement 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 rec;;ords at reasonable times to
the Department, its employees, and agents. "Reasonable" shall be construed 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.
(e) Any additional terms and conditions pertaining to Property Management and
Procurement are set forth in Attachment G of this Agreement.
(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
(21 st) 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. Activities paid for with these funds during
March, 2001, are to be reported in the program report for the quarter ending June 30, 2001.
(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 terminate 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 Summary
and Workplan, Attachment K of this Agreement.
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(9) DEFAULT. REMEDIES. TERMINATION
(a) If the necessary funds are not available to fund this agreement as a result of action by
Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make any further payment of funds 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
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Department may make any payments or parts of payments after the happening of any Events of Default
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 Recipien.t in this Agreement or any
previous Agreement with the Department shall at any time be false 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 Scope of Work, attached hereto as Attachment A.
(b) Upon the happening of an event of default, 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 of anyone of the following
remedies shall not preclude the Department from pursuing any other remedies contained herein or
otherwise provided at law or in equity:
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;
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2. Commence an appropriate legal or equitable action to enforce performance of this
Agreement.
3. Withhold or suspend payment of all or any part of a 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
lack of performance, 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 Departmen"t for the amount of costs
incurred for any items determined to be ineligible.
5. Exercise any other rights or remedies that may be otherwise available under law.
(c) The Department may terminate this Agreement for cause upon such written notice as is
reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stats., as amended.
(d) Suspension or termination constitutes final Department action under Chapter 120, F~
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.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(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 ANLJ 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
Tallahassee, FL 32399-2100
Email: hilda.frazier@dca.state.fl.us
(c) The name and address of the representative of the Recipient responsible for
administration of this Agreement is stated in Recipient Information, Attachment J of this Agreement.
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (10)(a) and/or (c) above.
(11) OTHER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any 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. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
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null and void to the exte~t of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(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 default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans with Disabilities Act (Public Law
101-336,42 U.S.C. Section 12101 ~, if applicable, which prohibits 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 or on the discriminatory vendor list may not submit a bid on
a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not transact business with any
public entity in exces~ of Category Two for a period of 36 months from the date of being placed on the
convicted vendor list or discriminatory vendor list.
(12) CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
By signing this agreement, the Recipient certifies to the best of its knowledge and belief,
that it and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by a Federal department or agency;
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(b) have not witnin 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 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;
(c) are not presently indicted or otherwise criminally 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
(d) 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.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this agreement.
(13) AUDIT REQUIREMENTS
(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
construed 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) In the event that the Recipient expends $300,000 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 OMS Circular A-133, as revised. Section (17) Fundinq/Consideration, indicates Federal
funds awarded through the Department by this agreement. In determining the Federal awards expended
in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds
received from the Department. The determination of amounts of Federal awards expended should be in
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accordance with the RUidelines established by OMB Circular A-133, as revised. An audit of the Recipient
conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will
meet the requirements of this part
In connection with the above audit requirements, the Recipient shall fulfill the requirements relative
to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from Recipient
funds obtained from other than Federal entities).
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 other revenue by sponsoring agency and Agreement number.
3. Copies of audit reports for audits conducted in accordance with OMB Circular A-133,
as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320
(d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following:
a. The Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted J. Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
b. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised
(the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
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c. 9ther Federal agencies and pass-through entities in accordance with Sections .320
(e) and (f), OMB Circular A-133, as revised.
4. In the event that a copy of the audit report for an audit required by subparagraph (d)
above and conducted in accordance with OMB Circular A-133, as revised, is nQtrequired to be submitted
to the Department for the reasons pursuant to Section .320(e)(2), OMB Circular A-133, as revised, the
Recipient shall submit the required written notification pursuant to Section .320(e)(2) and a copy of the
Recipient's audited schedule of expenditures of Federal awards directly to each of the following (If the
State agency, pursuant to Section .320(f), OMB Circular A-133, wants a copy of the reporting package
described in Section .320(c) and/or a management letter, the State agency should replace the above
language with the following language) Pursuant to Section .320(f), OMB Circular A-133, as revised, the
Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133,
as revised, and any management letters issued by the auditor, to the Department at the following
program address:
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(e) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were 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 contract for a period of three years after the date of submission
of the final expenditures report. However, if litigation 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 (IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted
above.
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(h) The au$1it is due seven (7) months after the end of the fiscal year of Recipient or by the
date the audit report is issued by the state Auditor General, whichever is later.
(14) 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
the subcontract. 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 (ii) the sub-recipient 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.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this Agreement
anq 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. 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. Special Conditions
J. Recipient Information
K. Budget Summary and Workplan
L Budget Detail
M. Multi-County Fund Distribution
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(17) FUNDING/C SIDERATION
(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 $1 09.015. subject
to the availability of cash and appropriate budget authority. The Recipient is authorized to incur costs in
an amount not to exceed $73.418 until the Department receives the full budget authority. Upon
Department receipt of final budget authority and approved Recipient Performance Plan, the parties shall
amend the Agreement to authorize the Recipient to incur additional costs.
(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 of the Agreement amount, which ever is less.
For a federally funded contract, any advance payment is also subject to federal OMS Circulars A-102, A-
110, 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
Justification of Advance Payment, Attachment E of this Agreement. Attachment E will specify the
amount of advance payment needed and provide an explanation of the 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, if any, payment shall be made on a reimbursement basis. The
Recipient agrees to expend funds in accordance with the Scope of Work, Attachment A of this
Agreement.
(d) Recipients shall invest cash advances in compliance with section .21 (h) (2) (i) of the
Common Rule and section .22 of OMS Circular A-110 as revised. Interest earned shall be reflected on
the monthly financial status report as earned income.
(18) 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, Fla. Stats. or the Florida Constitution.
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(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 terms under which the cost may
change as determined 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 Affairs 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) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
(INA]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 27 4A( e) of the I NA. 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.
(19) LOBBYING PROHIBITION
(a) 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.
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(b) The Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
1. 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 in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any cooperative, and
the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative Agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative Agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representative of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(20) COPYRIGHT, PATENT AND TRADEMARK
If applicable to this Agreement, refer to Attachment F for terms and conditions relating to
copyrights, patents and trademarks.
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(21) VENDOR PAyr ITS
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 terms and conditions of the 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.
(22) BUDGET SUMMARY AND SCOPE OF WORK CERTIFICATION
The Recipient certifies that the data in Attachment K 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.
(23) LEGAL AUTHORIZATION
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 that, 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.
(24) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment H of this Agreement.
IN WITNESS WHEREOF, the parties hereto have c ed this Agreement to be executed by their
undersigned officials as duly authorized.
~
ex:
~TATE OF FLORIDA
(JDEPARTMENT OF COMMUNITY AFFAIRS
BY:
Date
February
Myers, Acting Director
Division of Housing &
Community Development
59-6000749
Federal Identification Number
L1HEAP
ATTACHMENT A
SCOPE OF WORK
The Recipient shall utilize the funds provided under this Agreement to:
. .
A. Conduct outreach activities designed to ensure that eligible households, especially households with
elderly individuals or handicapped individuals, or both, are made aware of the assistance available under
this Agreement.
B. Coordinate services between programs for potential clients, living in the service area, with the
Department's Weatherization Assistance Programs and Emergency Home Energy Assistance for the
Elderly Program (EHEAP) providers.
C. Provide assistance to clients in completing state provided applications for assistance and determining
eligibility.
D. Make home visits or conduct telephone interviews to home-bound clients, especially the elderly or
disabled, for completion of the program application or eligibility determination when other assistance is not
adequate.
E. Make L1HEAP payments based on a state-provided payment matrix and worksheet.
F. Make vendor payments directly to fuel providers or recipients on behalf of eligible clients, or in
instances where vendor agreements cannot be negotiated, make payments directly to clients in the form of a
one or two party check.
G. Determine the correct amount of each crisis benefit based on the minimum necessary to resolve the
crisis, but not more than the maximum per household and maximum per item limits set by the Department.
H. Establish Memoranda of Agreement with service area Emergency Home Energy Assistance for the
Elderly Program (EHEAP) providers. The Agreement will ensure coordination of services, avoid
duplication of assistance, and increase the quality of services provided to elderly participants .
17
L1HEAP
ATTACHMENT A
SCOPE OF WORK
I. Check L1HEAP 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.
J. 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.
K. 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.
L. The Recipient will make home energy payments within 45 days of the date all requested
information is received.
M. The Recipient will, within 15 working days of receiving the client's application, furnish in writing to
all applicants a Notice of Approval which includes the type and amount of assistance to be paid on their
behalf or a Notice of Denial which includes appeal information.
N. Recipients are required to have written applicant appeal procedures. Any applicant denied L1HEAP
services must be provided a written notice of the denial which includes the appeal process and the
reason(s) for the denial. At a minimum, the written Notice of Denial and Appeals shall contain the reason
for the denial, under what circumstances the client may reapply, what information or documentation is
needed for the person to reapply, the name and address to whom the re-application or appeal should be
sent, and the phone number of the Recipient. Appeal provisions must be posted in a prominent place
within the office where it is on view for all applicants. .
O. The Recipient will make payments to those 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 disable, and frail older individuals.
18
L1HEAP
A TT ACHMENT A
SCOPE OF WORK
P. Recipients serving multi-county areas must provide the Department with a description of how
direct client assistance funds will be allocated among the counties, The allocation methodology must be
based at least in part on poverty population within each of the counties served. This information must be
reported in Attachment M to this Agreement.
Q. When L1HEAP funds are not available or are insufficient to meet the emergency home energy
needs of an applicant, the Recipient will assist the applicant to secure help through other community
resources,
R. The Recipient shall agree to treat owners and renters equitably under the agreement.
s. The Recipient shall be responsible for entering into written agreements with home energy
suppliers which include all of the following requirements:
(1) 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.
(2) 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.
(3) Only energy related elements of a utility bill are to be 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
resolving the crisis. Vendors must be made aware that those charges are the responsibility of the client.
(4) 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.
T. CLIENT ELIGIBILITY REQUIREMENTS
The Recipient will be responsible for determining the eligibility of the clients applying for the
L1HEAP program and its crisis components. Client eligibility is based on the following eight factors:
19
L1HEAP
ATTACHMENT A
SCOPE OF WORK
(1) The Recipient may only assist households who are or were residing in their L1HEAP service
area at the time the home energy costs were incurred.
(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 component).
(6) 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.
(7) 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.
(8) The client must not be a student living in a dormitory.
U. OTHER SPECIAL REQUIREMENTS
(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.
(2) The Recipient will define what criteria and verification will be used in its local area to
determine if a household is in danger of losing home energy. This criteria must be set in a manner to
encourage households to seek assistance prior to incurring non-energy penalties such as
disconnect/reconnect fees, additional deposit, interest or late payment penalties, etc.
(3) The Recipient will not charge applicants a fee or accept donations from an applicant to provide
L1HEAP benefits.
20
L1HEAP
ATTACHMENT A
SCOPE OF WORK
(4) The Recipient will be in a location and operate during hours available to clients.
(5) The Recipient will refund, with non-federal funds, to the Department all funds incorrectly paid
on behalf of clients that cannot be collected from the client.
(6) The Recipient will have appropriate staff attend training sessions, as scheduled by the
Department to cover L1HEAP policies and procedures.
(7) The Recipient will furnish training for all staff members assigned responsibilities for the
program.
(8) The Recipient will add information 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.
(9) The Recipient will provide information 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 information stating how, where, and when to apply, as well as the benefits
available and eligibility criteria.
(10) The Recipient will take applications when it has a signed Agreement and adequate funding,
and continue taking applications until the Agreement expires or funds are exhausted.
(11) The Recipient must have adequate procedures in place to ensure that L1HEAP funds are
appropriately budgeted and expended to sufficiently allow for energy assistance benefits in both the
heating and cooling seasons.
(12) The Recipient will operate both program components in a manner that makes them available
to all potentially eligible clients in their service area.
(13) Prior to April 1, 2001, the Recipient shall submit to the Department a Performance Plan.
This plan shall include performance measures, performance goals, specific actions to be taken by the
Recipient to achieve these goals, and identify data sources and methods for measuring the results for the
21
L1HEAP
ATTACHMENT A
SCOPE OF WORK
contract period. Once approved by the Department, the Performance Plan shall become part of this
Agreement. No more than 50% of this Agreement allocation shall be provided to the Recipient prior to
Department approval of the Recipient's Performance Plan.
(14) By July 1, 2001, the Recipient shall secure internet computer services and notify the
Department of their e-mail address.
22
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
Incorporation of Laws. Rules, Requlations and Policies
Proiects or Proqrams Funded in Whole or Part with Federal Money
Proqram Income
Mod ifications
Other Provisions
Monitorinq
A. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The applicable documents governing service provision regulations are in the Common Rule, 45
CFR Part 74, 76 and 92, or OMB Circular No. A-110, "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," and OMB Circular
A-133, "Audits of States, Local Governments, and Non-Profit Organizations." If this Agreement is made
with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject
to Federal Acquisition Regulations 31.2 and 931.2. Low-Income Home Energy Assistance Act of 1981
(Title XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law 97-35) as amended and the
L1HEAP 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.
Drug-Free Workplace
5. Part 80 - Nondiscrimination under programs receiving Federal assistance through the
23
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
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. 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.
8. Part 84 - Nondiscrimination on the basis of handicap in programs and activities receiving
Federal financial assistance.
9. Part 86 - Nondiscrimination on the basis of sex in education programs and activities receiving
Federal financial assistance
10. Part 91 - Nondiscrimination on the basis of age in HHS programs or activities receiving
Federal financial assistance
11. Part 93 - New restrictions on lobbying
12. Part 96 - Block Grants.
13. Consolidation of grants to the insular areas
B. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY
The Recipient assures, as stated in Section 508 of Public Law 103-333, that all statements, press
releases, requests for proposals, bid solicitations and other documents describing projects or programs
funded in whole or in part with Federal money, all grantees receiving Federal funds, including but not
limited to State and local governments and recipients of Federal research grants, shall clearly state:
(1) the percentage of the total costs of the program or project which will be financed with Federal
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-governmental sources.
24
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
C. PROGRAM INCOME
. The Recipient may reapply program income for eligible program projects or objectives. The
amount of program income and its disposition must be reported to 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 Agreement.
(2) Either party may request modification of the provisions of this Agreement. Changes which
are mutually agreed upon, with the exception of the items listed in (3) below, 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 K of this Agreement and reported on the
quarterly financial status reports may not be altered without a written budget modification with the
exceptions of the items listed 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.
(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 summary 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 formal modification, but will provide the Department
25
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
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-11 0,
Common Rule, A-121 or A-87. Your information will be reviewed by the Department for compliance with
these circulars.
(4) All requests for formal 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
L1HEAP 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. 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.
(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.
F. OTHER PROVISIONS
(1) The Recipient must budget a minimum of twenty-five (25) percent of the total Agreement funds
allocation for Home Energy Assistance.
(2) The Recipient must budget a minimum of two (2) percent of the total Agreement funds
for Weather Related/ Supply Shortage emergency assistance. These funds must be held in this
budget line item category until December 15 of the program year for use in response to a possible
disaster. These funds will only be used during state or federal emergencies declared by the President, the
Governor or the Secretary of the Department as he/she deems necessary. In the event of an
26
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
emergency being officially declared, if the Recipient or the Department finds that two percent of the
budget is not sufficient to meet the emergency, the Recipient may draw on other Agreement categories,
up to fifty percent (50%) of the total Agreement budget, without additional written authorization. After
December 15, if no emergency has been declared, the Recipient may allocate these funds to the crisis or
the home energy category of the program without additional written authorization from the Department.
When funds are distributed for a weather-related/supply shortage emergency, the Department will
provide binding directives as to the allowable expenditures of the funds. The Recipient will comply with
these directives or agree that these funds will remain with 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 off the premises of the Recipient.
(4) If the U.S. Department of Health and~Human Services initiates a hearing regarding the
expenditure of funds provided under this Agreement, the Recipient shall cooperate with, and upon written
request, participate with the Department in the hearing.
27
,
,-
L1HEAP
ATTACHMENT C
RECORD KEEPING
A. As appli~abre, Recipient's performance under this Agreement shall be subject to the Common
. Rule, 45 CFR Part 74,76 and 92 or OMS Circular No. A-110, "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," OMS Circular No. A-21, "Cost Principles for
Educational Institutions," or OMS 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) If any litigation, claim or audit is starteq 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 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 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.
28
~. -
LIHEAP
ATTACHMENT 0
REPORTS
A. Annual reports - Within 45 days after the end of the contract the Recipient shall submit a L1HEAP
Close-out Report, including the L1HEAP Final Financial Report, a refund check for any unspent funds,
and the L1HEAP Final Program Report.
B. Monthlv reports - The L1HEAP Monthly Financial Status Report must be provided to the
Department by no later t,han the twenty-first (21st) of each month following the end of the reporting month
in which funds were expended.
C. Quarterlv Reports - For each county the Recipient serves, the L1HEAP 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
information 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
29
L1HEAP
ATTACHMENT E
JUSTIFICATION OF ADVANCE PAYMENT
Indicate if you are requesting an advance or if no 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 $
for the operation of the first three months of the program.
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:
Total Allocation $
X 25 % (.25) = $
(Requested Advance)
X NO ADVANCE REQUESTED
30
L1HEAP
ATTACHMENT F
COPYRIGHT, PATENT AND TRADEMARK
A. If the Recipient brings to the performance 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. If any 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 performance 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 performance of the Agreement.
31
.".
L1HEAP
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, manufacturer's serial
number, funding source, information needed to calculate the federal and/or state share, date of
acquisition, unit cost, property inventory number and information on the location, use and condition,
transfer, replacement or disposition of the property.
C. Title (Ownership) to all nonexpendable property acquired with funds from this
Agreement shall be vested in the Department 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.
32
,
L1HEAP
ATTACHMENT H
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 Employees of Recipient. Members of Local Governinq Body. or
Other Public Officials. No member, officer, or employee of the Recipient, or its delegates or agents, no
member of the governing body of the locality in which the program is situated, and no other public official
of such locality or localities who exercises any functions or responsibilities with respect to the program
during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted
under this Agreement. The Recipient shall incorporate or cause to be incorporated in all such
Agreements, a provision prohibiting such interest pursuant to the purposes of this subsection. No board
member, officer or employee will be permitted to receive any remuneration or gift in any amount. Board
members may receive travel expenses in accordance with s. 112.9061, Florida Statutes.
C. Nepotism. The Recipient agrees to abide by the provisions of s. 112.3125, Florida Statutes.
pertaining to nepotism in their performance under this Agreement.
D. L1HEAP 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 of L1HEAP 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 controls and fund accounting procedures necessary to
adequately safeguard the assets of the agency, check the accuracy and reliability of accounting data,
promote operating efficiency and maintain compliance with prescribed management policies of the
agency.
(3) The Recipient will permit and cooperate with Federal and State investigations designed to
evaluate compliance with the law.
33
....
L1HEAP
ATTACHMENT H
STATEMENT OF ASSURANCES
(4) The Recipient will give the Department, 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-recipient.
(5) The Recipient will comply with non-discrimination provisions, in accordance with Florida
Statutes; Section 677 of P.L. 97-35; Titles VI and VII of the Civil Rights Act of 1964; and 45 C.F.R. Parts
84, 86 and 90.
(6) The Recipient will comply with section 680 of Public Law 97-35, as amended, which
prohibits use of L1HEAP funds for purchase or improvement of land, or the purchase, construction, or
permanent improvement of any building or other facility.
(7) The L1HEAP application and all its attachments, including budget data, are true and correct.
(8) The Recipient will prohibit any political activities in accordance with Section 678F(b) of 42
USC 9918, 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 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
34
~
L1HEAP
ATTACHMENT H
STATEMENT OF ASSURANCES
the above language will be included in any subawards which contain provisions for children's services
and that all subrecipients shall certify compliance accordingly. Failure to comply with the provisions of
this law may result in the imposition of a civil monetary penalty of up to $1,000 per day
(11) The Recipient shall assure that all parts of their service area have toll-free telephone access
to the agency during all normal working hours. This may be achieved by use of 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.
35
L1HEAP
ATTACHMENT I
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.
36
L1HEAP
ATTACHMENT J
RECIPIENT INFORMATION
FEDERAL YEAR: 01 CONTRACT PERIOD: March 1.2001 TO March 31. 2002
FOR DCA USE ONLY
DATE RECEIVED: d. /:J&,1o I CONTRACT NO: 0 '~d - q 0 -11- 5'1- /) ( - () ) 8
REVISION(S): \ GRANT TYP : Low-Income orne Energy Assistance Program
DCA CONSULTANT: .
RECIPIENT CATEGORY:
I.
{ } Non-Profit fx} Local Government
II.
COUNTIES TO BE SERVED WITH THESE FUNDS:
Monroe
III. GENERAL ADMINISTRATIVE INFORMATION
a. Name of Recipient: Monroe County Board of Commissioners
b.
Name of Executive Director or Chief Administrator:
Louis LaTorre
c.
Recipient Fiscal Year: From
October
to
September
d. Address:
Public Service Bldg.. Wing III. 5100 College Road
City: Kev West. ,FL Zip Code: 31040
Telephone: D05 - 292-4')71 County: Monroe
Fax: (30)) - 297-4<; 17 E-Mail Address: mr"cH.J((lm::1i 1 "t-::1f-p fl 11"
e. Mailing Address (if different from above):
,FL Zip Code:
f. Chief Elected Official (For local governments) or President! Chairman of Board
(for corporations):
Name: George Neugent
Title: Mayor, Board of County Commissioners
Home or business address and telephone number other than Recipient's Mailing
Address:
1125 Ships Way,
Big Pine Key , FL Zip Code: 33043
Telephone ( ) 305/872-1678
g.
Official to Receive State Warrant:
Name: Danny Kolhage
Title: Clerk of Courts
Mailing Address: 500 Whitehead Street
Key West
,FL Zip Code: 11040
h. Contact Person:
Name: T nll; co T ::1'1'nrrp
Title: n;p,cror "f 5o~i;l1 S~rUic~!;;
Mailing Address: 5100 CollinQ REi. 7 ~tl~Oic a9plie9 IllEig. 7 Hing III
Key West ,FL Ip Code: 3
Telephone: ( ) 305/292-4573 Fax: ( ) 305/292-4517
E-Mail Address:mcssw@mail.state.fl.us
i. Person(s) authorized to sign reports: Louis LaTorre; Susan HaW2'~hurs t
IV. AUDIT DUE DATE
Agency Fiscal Year: October to September
Seven months from end of agency fiscal year: April
37
. '
ATTACHMENT K
, ' L1HEAP
BUDGET SUMMARY AND WORKPLAN
I. BUDGET SUMMARY
L1HEAP FUNDS ONLY ... ... .. . BUDGETED AMOUNT ..'
.
1. L1HEAP FUNDS 109,015
ADMINISTRATIVE EXPENSES
2. Salaries including Fringe, Rent, Utilities, Travel, Other
(Total cannot exceed 7.5% of Line 1) 8,200
-
OUTREACH EXPENSES .. . . .
3. Salaries including Fringe, Rent, Utilities, Travel, Other
(Total cannot exceed 15% of Line 1 minus Line 2) -
.
DIRECT CLIENT ASSISTANCE ... . ..
4. Home Energy Assistance Payments (Must be at least 25% of Line 1) 27,300
.-
5. Crisis Payments 53,633
.-- ..
6. Weather Related/Supply Shortage (Must be at least 2% of Line 1) 1 ~. 882
flOO'SlS --
7. SUBTOTAL DIRECT CLIENT ASSISTANCE (LINES 4-6)
~~---
8. GRAND TOTAL (Lines 2+3+7) 109,015
II. DIRECT CLIENT ASSISTANCE PLAN
Type of Assistance:
Estimated # of Estimated Cost Per
Households to be }..!t:H.mt~hold
Served
Estimated
Experlditures
(C:)1. 1 x Co!. 2)
Home Energy 340 80 i 27,300
.._____.._._--l...-___
I
Crisis 310 173
Weather Related/ Supply
Shortage 100 180 19,882
TOTAL 750 134 100,815
38
"
LlHEAP
ATTACHMENT L
III. ADMINISTRATIVE AND OUTREACH EXPENSE BUDGET DETAIL (Lines 2-3)
Line Item
Number
EXPENDITURE DETAIL
(Round up line items to dollars. Do not use cents and
decimals in totals)
ADMINISTRATIVE EXPENSES
2.A Travel
2.B Other
(1) Phone/Postage............l,OOO.OO
(2) Rental/Copy..............l,200.00
(3) Office Supplies..........2,000.00
(4) Operating Supplies.......l,OOO.OO
(5) Equipment................2,000.00
Total Administrative Expenses
OUTREACH EXPENSES
DIRECT CLIENT ASSISTANCE
4. Home Energy Assistance...........
5. Crisis Payments..................
6. Weather Related/Supply...........
Total Direct Client Assistance
Grant Total................................
39
LlHEAP FUNDS
1,000
7,200
8,200
N/A
27,300
53,633
19,882
100,815
109,015
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. CERTIFICATE OF CORPORATE RESOLUTION
Nj~
.......
I,
, as Secretary of
, a Florida non-profit 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 by-laws
of the Corporation 0.!1
, 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 2001-2002 Low Income Home
Energy Assistance Program. .
RESOLVED, that ' as the
of the Corporation is hereby authorized and empowered on
behalf of the Corporation to negotiate the terms for and to enter into and execute the above
described agreement with the Florida Department of Community Affairs, and to negotiate
the terms for and to execute any and all related documents which are necessary to effectuate
the terms of said agreement.
Executed by me as Secretary of the Corporation on
Secretary
- :--(Corporate Seal)
President