Item C05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
08/19/2009
Division: County Administrator
Bulk Item: Yes l No
Department: Social Services
Staff Contact Person: Sheryl Graham x4592
. AGENDA ITEM WORDING: Approval of Modification #1 to the Low Income Home Energy
, Assistance Program Federally Funded Sub grant Agreement Number 09EA-7K-11-54-01-0l9 between
Monroe County Board of County Commissioners (Community Services/Social Services) and the State
of Florida, Department of Community Affairs for the provision of funds to pay electric bills for low
income clients.
ITEM BACKGROUND: The purpose ofthis modification is to increase the County's allocation from
$342,302.00 to $370,287.00.
PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to the Low Income Home
Energy Assistance Program Contract Number 09EA-7K-11-54-01-019 on November 19,2008.
CONTRACT/AGREEMENT CHANGES: Increasing County's allocation from $342,302
to $370,287.00.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $370,287.00
BUDGETED: Yes --X- No
COST TO COUNTY: $0
SOURCE OF FUNDS: Grant funds
REVENUE PRODUCING: Yes N/A No
AMOUNT PER: MONTH:
YEAR:
APPROVED BY:
County Atty# $1gMt:Purchasing _ Risk Management ~ Y
/
f
I
DOCUMENT A TION:
Included
Not Required_
To Follow X
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTS~Y
Contract with: LIHEAP (DCA) Contract: #09EA- 7K-II-54-01-019
Effective Date: 1-01-2009
Expiration Date: 3-31-10
Contract Purpose/Description: Approval of the Low Income Home Energy Assistance Program Federally funded
Subgrlfnt"Agreement Number 09EA-7K-II-54-01-019 between Monroe County Board of County Commissioners
and the State of Florida, Department of Community Affairs for the provision of funds to pay electric bills for low
income Monroe County residents.
Contract Manager:
For BOCC meeting on
8/19/2009
Sheryl Graham
(Name)
4592
(Ext.)
Social Services/Stop I
(Department/Stop #)
Agenda Deadline:
8/4/2009
CONTRACT COSTS
Total Dollar Value of Contract: approx. $370,287.00
Budgeted? Yes X No
County Match: -0-
Additional Match:
Total Match $0
Estimated Ongoing Costs: $
(Not included in dollar value above)
Account Codes:
/yr
Current Year Portion:
$_342,302
125 6153509
--
ADDITIONAL COSTS
For:
(e,g, Maintenance, utilities, janitorial, salaries, etc)
Division Director
Date In
f/S-; 09
g 50'1
~IS~(f"
f, J&t I() 1
Risk Management
o .M,B .lPurchasing
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
CONTRACT REVIEW
Changes
N~
Yes No
Yes No
Yes No
Yes G
Date Out
, .
MOD # 001
-
MODIFICATION OF AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND
Monroe County Board of County Commissioners
This Modification is made and entered into by and between the State of Florida,
Department of Community Affairs, ("Department"), and Monroe County Board of County
Commissioners the ("Recipient") to modify DCA Contract Number 09EA-7K-11-54-01-0l9
(" Agreement").
WHEREAS, the Department and the Recipient have entered into the Agreement,
pursuant to which the Department has provided a grant to the Recipient under the Low-Income
Horne Energy Assistance Program (LIHEAP) of $342,302 and
WHEREAS, the Department and the Recipient desire to modify the Agreement.
NOW, THEREFORE, in consideration of the mutual promises ofthe parties contained
herein, the parties agree as follows:
1. Paragraph (17)(a) Funding/Consideration is hereby modified to read as follows:
(17) 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 $370.287, subject to the availability of funds and appropriate budget
authority.
This revised contract amount includes:
A. $342,302 Current FY 2009-2010 LIHEAP Agreement allocation
B. +$ 27,985 Base Increase (August 2009)
C. $370,287 Total LIHEAP Allocation
2. Attachment I, Recipient Information, is hereby deleted in its entirety and replaced
with Amended Attachment I, if applicable.
3. Attachment J, Budget Summary and Workplan, is hereby deleted in its entirety and
replaced with Amended Attachment J.
4. Attachment K, Budget Detail, is hereby deleted in its entirety and replaced with
Amended Attachment K.
5. Attachment L, Multi-County Fund Distribution, is hereby deleted in its entirety and
replaced with Amended Attachment L, if applicable.
6. All provisions of the Agreement being modified and any attachments thereto in
conflict with this Modification shall be and are hereby changed to conform with this
Modification, effective as of the date of the last execution of this Modification by
both parties.
7. All provisions not in conflict with this Modification remain in full force and effect,
and are to be performed at the level specified in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates
set out herein.
RECIPIENT
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY: G~ovg.e.-D6'~eA-
-Y1a.~O~
(Type N e and TItle)
BY:
Janice Browning, Director
Division of Housing and Community
Development
Date S -- l q - b 0,
59 -<OOO-ILJ-g
Federal Identification Number
Date:
~ ~t:: e;.' UNTY ATT9P(' RN~: C'
9 ,0 DAS~O ...
.~
PEDROJ.ME CADO .j ,/
ASSiSTANT COUNty ATTORNEY f>'/ <if 6 l\
D~e -
LIHEAP
ATTACHMENT I -- RECIPIENT INFORMATION
r
FEDERAL YEAR: -2i.. CONTRACT PERIOD: Date of SiQninQ to March 31. 2010
FOR DCA USE ONLY
DATE RECEIVED:
REVISION(S) RECEIVED:
I
I
DCA CONSULTANT:
~
I.
RECIPIENT CATEGORY:
{ } Non-Profit { X} Local Government { } State Agency
II.
COUNTIES TO BE SERVED WITH THESE FUNDS:
Monroe
III. GENERAL ADMINISTRATIVE INFORMATION
a. Recipient: _Monroe County Board of County Commissioners
b. Executive Director or Chief Administrator:_Sheryl Graham
c. Recipient Address: 1100 Simonton Street
City: _Key West ,FL Zip Code: _33040
Telephone: (305) _292-4510 Fax: (305) _292-4417
County: _Monroe_ E-mail Address: _graham-sheryl@monroecounty-fl.gov_
d. Mailing Address (if different from above):
,FL Zip Code:
e. Chief Elected Official (Local Governments) or President/Chairman (for corporations):
Name:_ George Neugent
Title: _Mayor
Home or business address and telephone number other than Recipient's address:
25 Ships Way, Big Pine Key
_ _, FL Zip Code: _33043_ Telephone (305 )_292-4512
f. Official to Receive State Warrant: Name: _Danny Kolhage
Title: _Clerk of Court
Mailing Address: _500 Whitehead Street
Key West ,FL Zip Code: _33040_
g. Recipient Contacts:
(1) Program: Name _Sheryl Graham_ Title: Social Services Director
Mailing Address: _1100 Simonton StreeC1-196
_Key West ,FL Zip Code: _33040
Telephone: (305) _292-4592_ Fax: (305) _305-295-4361_
Cell: ( )_-Mail Address: graham-sheryl@monroecounty-fl.gov
(2) Fiscal: Name _Danny Kolhage_ Title _Clerk of Court
Mailing Address: _500 Whitehead Street
_Key West , FL Zip Code: _33040
Telephone: (305) _292-3560 Fax: (305) _295-3660
Cell: ( ) E-Mail Address:dkolhage@monroe-clerk.com
h. Person(s) authorized to sign reports: Sheryl Graham; Kim Wilkes; Marlene Steckley
IV.
AUDIT
Recipient Fiscal Year: _October
to _September_
Audit is due nine (9) months from the end of the recipient's fiscal year: _June
41
L1HEAP
AMENDED ATTACHMENT J
BUDGET SUMMARY and WORKPLAN
Recipient:
Monroe County Board of County Commissioners
I: BUDGET SUMMARY
A.
B.
L1HEAP FUNDS ONLY
Last Approved Adjustments to
Budget Approved Budge
Amount (Optional)
Salaries inci Fringe, Rent, Utilities, Travel, Other
OUTREACH EXPENSES
3 Salaries inci Fringe, Rent, Utilities, Travel, Other
DIRECT CUENT ASSISTANCE
4 Home Energy Assistansce
(Cell 4E must be at least 25% of Cell 1 E)
5 Crisis Assistance
6 Weather Related / Supply Shortage / Disaster
(Cell 6E must be at least 2% of Cell 1 E)
7 Subtotal Direct Client Assistance
(Line 4 + Line 5 + Line 6
I..EVl:RAGING FUNDS ONL Y
8 Home Energy Assistansce
130,000.00 0,00
150,428.00 0,00
6,850.00 0.00
287,278.00 0.00
0,00 0,00
0,00 0,00
0,00 0,00
342,302.00 0.00
9 Crisis Assistance
10
11 GRAND TOTALS
II. DIRECT CLIENT ASSISTANCE WORKPLAN
Type of Assistance
;fiiiEAP (Direct ciJiHrt Assistance
Home Energy
400 607
515 396
25 25
940 1,028
0,00 0
0,00 0
0,00 0,00
Crisis Assistance
Weather Relataed/Supply Shortage/Disaster
TOTAL
!LEVERAGE FUNDS
Home Energy
Crisis Assistance
TOTAL
C,
Contract: 09EA-7K-011-54-01-019
D, E.
Increase TOTAL
in Base Modified
Allocation Budget
B+C+D
370,287.00
17,043.00
37,981.00
27,985,00 157,985.00
0,00 150,428.00
0,00 6,850.00
27,985.00 315,263.00
0,00 0,00
0,00 0,00
0,00 0,00
27,985.00 370,287.00
Estimated Cost
per Household
260.00
380.00
274.00
1 Estimated Expenditures equals the Amended Estimated Number of Households times the Estimated Cost Per Househol,
Household, The amount must agree with the corresponding line in Column E above,
L1HEAP
ATTACHMENT K
III. ADMINISTRATIVE AND OUTREACH EXPENSE BUDGET DETAIL (Lines 2-3)
Line Item EXPENDITURE DETAIL L1HEAP FUNDS
Number (Round up line items to dollars. Do not use cents and
decimals in totals)
2. Administrative Expenses: $17,043.00
Salary: Grant Coordinator $8,103.00
11% LIHEAP,35% CCE,4% CCDA,3% ADI,3% OA3E, 11%
C2, 8% Cl, 6% OA3B, 19% General Fund: 237.41 hrs x
$34.13/hr (fully loaded wI fringe) = $8103.00
Travel (Estimated local mileage: 1,000 miles x $445.00
44.5/mile = $445.00)
Other:
1. Phone/Postage $1,524.00
2. Rental/Copy $1,971.00
3. Maintenance Agreement $2,500.00
4. Printing and Binding $1,000.00
5. Office Supplies $1,000.00
6. Operating Supplies $500.00 $8,495.00
Total Administrative Expenses: $17,043.00
3. Total Outreach Expenses: $37,980.80
Salary: Part Time Case Manager $37,980.80
100% LIHEAP: (Outreach/Intake/Eligibility) 2,080 hrs x
$18.26/hr (no benefits or fringe) = $37,980.80
4. Home Energy Assistance $157,985.00
5. Crisis Assistance $150,428.00
6. Weather Related/Supply Shortage $6,850.00
7. Total Direct Client Assistance $315,263.00
11. Grand Total (Items 2+7) $370,287.00
LlHEAP
ATTACHMENT L
MULTI-COUNTY FUND DISTRIBUTION
In the form below, describe how you plan to equitably allocate L1HEAP resources to each of the counties
you serve. This plan must be in part based on the 150% poverty population of each county. Provide
reasoning and numeric justification for distribution plan.
% OF AGENCY'S
DIRECT CLIENT
COUNTY 150% POVERTY ALLOCATION ASSIST ANCE
POPULATION1 DOLLARS
ALLOCATED TO THIS
COUNTY
N/ A FOR %
MONROE COUNTY %
%
%
%
%
%
%
%
%
Total Budgeted Direct Client j
Assistance2
-'-
If populatIon data other than the 2000 U. S. Census IS used, note and explain below.
2 Allocation must be equal to Attachment J, Budget Summary and Workplan, Line 7.
Explain the basis for distribution/calculation used to determine allocation.
46
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
11-19-2008
Division: Community Services
Bulk Item: Yes ..1L No
Department: Community Support Services
Staff Contact Person: Sheryl Graham x4592
AGENDA ITEM WORDING: Approval ofthe Low Income Home Energy Assistance Program
Federally Funded Subgrant Agreement Number 09EA -7K -11-54-01-019 between Monroe County
Board of County Commissioners (Community ServiceslIn-Home Services) and the State of Florida,
Department of Community Affairs for the provision of funds to pay electric bills for low income
clients.
ITEM BACKGROUND: This is a reoccurring agreement and the language in the contract is the same
as the previous contract (2008-2009). There is no match required by Monroe County. This is a cost
reimbursement agreement. This agreement allows Monroe County to provide financial assistance to
low income residents in order to assist them with paying their past due energy bills.
PREVIOUS RELEVANT BOCC ACTION: Prior approval granted to the Low Income Home
Energy Assistance Program Contract Number 08EA-7B-11-54-01-019 on March 19,2008.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
.
TOTAL COST: $342,302
BUDGETED: Yes --X- No
COST TO COUNTY: $0
SOURCE OF FUNDS: Grant funds_
REVENUE PRODUCING: Yes N/A No AMOUNT PER: MONTH:
YEAR:
APPROVED BY: County Atty. _ OMB/Purchasing _ Risk Management __
DOCUMENTATION:
Included X
Not Required_
To Follow
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with: LllIEAP (DCA)
CONTRACT SUMMARY
,
Contract: #09EA- 7K-11-54-01~9 , .t
Effective Date: 1-01-2009 IS ~C )
Expiration Date: 3-31-10 4
Contract PurposelDescription: Approval of the Low Income Home Energy Assistance Program Federally funded
Subgrant Agreement Number 09EA-7K-11-54-01-019 between Monroe County Board of County Commissioners
and the State of Florida, Department of Community Affairs for the provision of funds to pay electric bills for low
income Monroe County residents.
Contract Manager:
Sheryl Graham
(Name)
For BOCC meeting on
11/19/2008
4592
(Ext. )
Social Services/Stop 1
(Department/Stop #)
Agenda Deadline:
11/4/2008
CONTRACT COSTS
Total Dollar Value of Contract: approx. $342,302
Budgeted? Yes X No
Account Codes:
County Match: -0-
Additional Match:
Total Match $0
Estimated Ongoing Costs: $
(Not included in dollar value above)
/yr
Current Year Portion:
$_101,299
ADDITIONAL COSTS
For:
(e,/!:, Maintenance, utilities, janitorial, salaries, etc)
CONTRACT REVIEW
Division Director
Date In
/ ;J1i}J/'
\\ - 7 -(y(
t\ \ 1"01.
Changes
YesNe~
Yes Q
Yes 6)
Yes GJ
Risk Management
o .fr'B.IPurchaSing
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
.
LlHEAP FY 2009-2010
CFDA NUMBER: 93,568
Contract Number: 09EA-7K-11-54-01-019
FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by 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 REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Department has received these grant funds from the State of Florida, and has the
authority to subgrant these funds to the Recipient upon the terms and conditions below; and
C, The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Department and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Scope of Work,
Attachment A. and Budget, Attachment J of this Agreement.
(2) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES
The Recipient and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall end
March 31. 2010, unless terminated earlier in accordance with the provisions of Paragraph (12) of this
Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMS Circular No, A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals. and Other Nonprofit Organizations," and either OMS Circular No, A-a?, "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, H 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) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a periOd of five years from the date the audit report is issued, and shall allow the
Department or its designee. the State Chief Financial Officer or the State Auditor General access to the
records upon request. The Recipient shall ensure that audit working papers are available to them upon
request for a period of fIVe years from the date the audit report is issued, unless extended in writing by
the Department. The five year period may be extended for the following exceptions:
1, If any litigation, claim or audit is started before the five year period expires, and
extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved,
2. Records for the disposition of non-expendable personal property valued at $5,000
or more at the time it is acquired shall be retained for five years after final disposition,
3, Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Scope of
Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Department, its employees. and agents, "Reasonable" shall ordinarily mean during normal
business hours of 8:00 am, to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include,
but not be limited to, auditors retained by the Department.
)
(6) 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 reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily
mean normal business hours of 8;00 8.m, to 5;00 p.m., local time, Monday through Friday.
(c) The Recipient shall 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) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have 8 single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources 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 resources received from the Department. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised.
An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMS
Circular A-133. as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above. the Recipient
shall fulfill the requirements for aud/tee responsibilities as provided in SUbpart C of OMS Circular A-133,
as revised,
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance With the provisions of OMS Circular A-133. as revised, the cost of
the audit must be paid from non-Federal funds
(e) Send copies of reporting paCkages for audits conducted in accordance with OMS
Circular A-133, as revised, and reqUired by subparagraph (d) above, when reqUired by Section 320 (d),
OMS Circular A-133, as revised, by or on behalf of the ReCIpient to:
J
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurllla.parrlsh@dca.state.fI.us]
and
Department of Community Affairs
Community Assistance Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of
copies required by Sections ,320(d)(1) and (2), OMB Circular A-133, as revised), at the fof/owing
address:
.
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections ,320 (e) and (f), OMB
Circular A-133, as revised,
(f) Pursuant to Section ,320 (f). OMB Circular A-133, as revised, the Recipient shall
send a copy of the reporting package described in Section ,320 (c), OMB Circular A-133, as revised, and
any management letter issued by the auditor, to the Department at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.usJ
and
-+
Department of Community Affairs
.
Community Assistance Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(9) By the date due, send any reports, management letter, or other information required
to be submitted to the Department pursuant to this Agreement in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Department for audits done in accordance
with OMB Circular A-133 or Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-
profit organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed 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 days after the Department has notified the Recipient of such non-compliance,
(j) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either 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, The
audit must be received by the Department no later than nine months from the end of the Recipient's fiscal
year,
(7) REPORTS
(a) The Recipient shall provide the Department with quarterly reports and a close-out
report, These reports shall include the current status and progress by the Recipient and all subrecipients
and subcontractors in completing the work described in the Scope of Work and the expenditure of funds
under this Agreement, in addition to any other information requested by the Department.
(b) Quarterly reports are due to the Department no later than 21 days after the end of
each quarter of the ~nd shall be sent each quarter until submission of the administrative
close-out report, The ending dates for each quarter of the program year are March 31, June 30,
September 30 and December 31,
5
.
(c) The close-out report is due 45 days after termination of this Agreement or 45 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies 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 other action as stated in Paragraph (11) REMEDIES. "Acceptable to the
Department" means that the work product was completed in accordance with the Budget and Scope of
Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Department.
(f) The Recipient shall provide additional reports and infonnation identified in
Attachment C.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
the Scope of Work and other perfonnance goals are being achieved.
In addition to reviews of audits conducted in accordance with paragraph (6) above,
monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope
audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department. In the event that the Department
determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with
any additional instructions provided by the Department to the Recipient regarding such audit. The
Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits
deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the
Department will monitor the performance and financial management by the Recipient throughout the
contract term to ensure timely completion of all tasks.
(9) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with In carrying out the terms of this
Agreement, and shall hold the Department harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, ReCipient
agrees that it is not an employee or agent of the Department, but is an independent contractor.
()
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Department, and agrees to be liable for any damages proximately caused by
the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. 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.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make further payment of funds shall, if the Department elects, terminate and the
Department has the option to exercise any of its remedies set forth in Paragraph (11). However, the
Department may make payments or partial payments after any Events of Default without waiving the right
to exercise such remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Department is or becomes false or misleading in any respect, or if the
Recipient fails to keep or perfonn any of the obligations, terms or covenants in this Agreement or any
previous agreement with the Department and has not cured them in timely fashion, or is unable or
unwilling to meet its obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Department.
(c) If any reports required by this Agreement have not been submitted to the Department
or have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Department may, upon thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days. exercise anyone
or more of the following remedies, either concurrently or consecutively:
la) Terminate this Agreement, prOVided that the Recipient is given at :east thirty days
prior written notice of such termination The notice shall be effective when placed in the United States,
..,
.
first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address
set forth in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of aU or any part of a request for payment;
(d) Require that the Recipient refund to the Department any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional infonnation from the Recipient to determine the reasons for or
the extent of non-compliance or lack of perfonnance,
2. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) Pursuing any of the above remedies will not keep the Department from pursuing any
other remedies in this Agreement or provided at law or in equity. If the Department waives any right or
remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend
or waive any other right or remedy of the Department, or affect the later exercise of the same right or
remedy by the Department for any other default by the Recipient.
(12) TERMINATION
(a) The Department may terminate this Agreement for cause with thirty days written
notice. Cause can include 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 pubric access to
any document, paper, letter, or other material subject to disclosure under Chapter 119, Fra. Stat., as
amended.
ib) The Department may terminate thiS Agreement for convenience or when it
determines, ,nts sole discretion, that continuing the Agreement would not produce beneficial results In
8
line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written
notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment shall state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Department because of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Department from the Recipient is detennined.
(13) 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
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Paula Lemmo, Community Program Manager
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850)488-7541
Fax: (850) 588-2488
Emai': oaula.lemmo<<ildca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is stated in Attachment I. Recipient Information. Section III (b) of this
Agreement.
(d) In the event that dIfferent representatives or addresses are designated by either
;Jarty after execution of this Agreement, notice of the name, title and address of the new representative
will ~e provided as stated in (13)(a) above.
l)
.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of
the unsigned subcontract must be forwarded to the Department for review and approval before it is
executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor
is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal
laws and regulations, and (Jii) the subcontractor shall hold the Department and Recipient harmless
against all claims of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly
report the subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Department
as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the tenns and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Reports
Attachment D - Property Management and Procurement
Attachment E - Statement of Assurances
Attachment F - Special Conditions
Attachment G - Warranties and Representations
Attachment H - Certification Regarding Debarment
Attachment / - Recipient Information
Attachment J - Budget Summary and Workplan
Attachment K - Budget Detail
10
Monroe County Board of County Commissioners
Attachment L - Multi-County Fund Distribution
Attachment M - Justification of Advance Payment
(17) 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 $342.302,
subject to the availability of funds and appropriate budget authority. The Recipient is authorized to incur
costs in an amount not to exceed $68.460 until further notification is received by the Department. As
funds and budget authority are available, changes to the costs the Recipient may incur will be
accomplished by notice form the Department to the Recipient, in the form of certified mail, return receipt
requested, to the Recipient's contact person identified in Attachment I, Recipient Infonnation. The terms
of the Agreement shall be considered to have been modified to allow the Recipient to incur additional
costs upon the Recipient's receipt of the written notice from the Department.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Department under
Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the
expected cash needs of the Recipient within the first three (3) months of the contract term. For a
federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-11 0,
A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below,
the budget data on which the request is based and a justification statement shall be included in this
Agreement as Attachment M. Attachment M will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Scope of Work, Attachment A and
Budget Detail, Attachment K, of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (20)(h) of this Agreement, all obligations on the part of the Department to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Department.
11
(18) REPAYMENTS
.
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 Oepartment at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Slat., if a check or other draft is returned to the Department for
collection, Recipient shall pay to the Department a service fee of Fifteen Dollars ($15.00) or Five Percent
(5%) of the face amount of the returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(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 later submission or response to a Department request, or in any submission or response to fulfill the
requirements of this Agreement. All of said infonnation, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Department and with thirty 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 be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any
other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Department under the terms of
this Agreement shall survive the term of this Agreement.
(d) This 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
'01-336.42 USC Section 12101 at seq.), which prohibits diSCrimination by public and pfivate entities
12
on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
(f) A person or organization who has been placed on the convicted vendor list following
a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or servi<;es 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 excess of $25,000.00 for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and
belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debannent, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or perfonning 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 criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(9)2. of this certification; and
4. have not within a five-year periOd preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Department (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion" (Attachment H) for each intended subcontractor which Recipient plans to
13
.
fund under this Agreement. Such form must be received by the Department before the Recipient
enters into a contract with any subcontractor.
(h) 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. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat.
.
(k) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received
under this Agreement.
(I) 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.
(m) 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 (UlNA")}. 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.
(n) The Recipient is subject to Florida's Government in the Sunshine law (Section
286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
jJublicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the pUblic in accordance With Chapter 119, Fla. Stat.
(0) All unmanufactured and manufactured articles, materials and supplies which are
acquired for pUblic use under this Agreement must have been produced in the United States as reqUired
Jnder 41 use lOa, unless it WOuld (lot be in the public interest or unreasonable in cost.
I-J
.
6'
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department under this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
(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 Recipient, 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 the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
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 Recipient shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
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 penally of not less than $10,000 and not
more than $100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
15
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Department for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Department. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. 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 accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the tenns of this Agreement.
16
(23) ASSURANCES
.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment E.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
STATE OF FLORIDA:
DEPARTMENT OF COMMUNITY AFFAIRS
(Type Legal Name of Recipient)
By:
By:
(Type Name and Title)
Janice Browning, Director
Division of Housing and Community
Development
Date:
Date:
(Federal Identification Number)
.
17
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the same
information shown below for each Federal program and show total Federal resources awarded.
Federal Proaram
Federal Agency: U.S. Department of Health and Human Services
Catalog of Federal Domestic Assistance title and Number: 93.568
Grantee: Monroe County Board of County Commissioners
Award Amt:
$342.302
THE FOLLOWING COMPLIANCE REQUIREMENTS APPL Y TO THE FEDERAL RESOURCES AWARDED UNDER
THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list applicable
compliance requirements for each Federal program in the same manner as shown below.
Federal Proaram:
List applicable compliance requirements as follows:
1. First applicable compliance requirement (e.g., eligible activities, services or commodities):
The Recipient will use the lIHEAP funds to provide energy payment assistance to low income consumers.
These funds will be expended in accordance with the Scope of Work, Attachment A. Program Statutes and
Regulations, Attachment B, Budget Summary and Workplan, Attachment J, and applicable OMB Circulars.
2. Second applicable compliance requirement (e.g. eligibility requirements for recipients of the federal resources):
The Recipient wjll comply with applicable OMB Circulars and eligibility requirements as set forth in U.S. Department
of Health and Human Services regulations codified in:
Title 45 of the Code of Federal Regulations, Part 96 - Block Grants, and
Title 31 of the Code of Federal Regulations, Part 205 - Cash Management Improvement Act of 1990.
3. Etc.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may
elect to use language that requires the Recipient to comply with the requirements of applicable provisions of
specific laws, rules, regulations, etc., For example, for Federal Program 1, the language may state that the
Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources
must be used or how eligibility determinatiot:ls are to be made. The state awarding agency, if practical, may
want to attach a copy of the specific law, rule, or regulation referred to.
:'-iOTE: Section AOO(d) ofOMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit I be provided to the Recipient.
18
.
LIHEAP
Attachment A
Budget and Scope of Work
The Recipient shall, or will ensure through subcontracts that subcontractors shall, utilize the funds
provided under this Agreement to:
A. Conduct outreach activities designed to ensure that eligible households, especially
households with elderly or disabled individuals, young children and those with the highest
percentage of their income required to pay for their home energy are made aware of the
assistance available under this Agreement.
B. The R~~~ient shall enter into a Memorandum of Understanding (MOU) with all Weatherization
~QC$}?l;pgram$(WAP)jn their service area. The Memorandum of Understanding shall detail
cooperative efforts and shall describe the actions that will be taken by both parties to assure the
coordination, partnership and referrals. The Recipient in coordination with the local WAP agency
shall develop a system by which L1HEAP recipients who have received more than three L1HEAP
benefits in the last 18 months and who are homeowners, are referred to the WAP provider.
C. Make home visits to home-bound clients, especially the elderly or disabled, for completion of
the program application or eligibility determination when other assistance is not adequate.
D.
Make L1HEAP home energy assistance payments based on a state-provided payment matrix
A t\s
(jL-eO'1
~~Z--
~~<; /
~ E.
and worksheet. The payment amount is based on the household's income level as compared to
the national poverty guidelines. This takes into account both gross income and family size. The
lower the income, the higher the beneflllevel.
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 two party check.
F. 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.
19
.
LIHEAP
ATTACHMENT A
SCOPE OF WORK
G.
Establish a Memoranda of Understanding (MOU) 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.
H. 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.
l. When the applicant is not in a life threatening situation, take actions that will resolve the
emergency within 48 hours of the application approval for a crisis benefit.
J. When the applicant is in a life threatening situation, take actions that will resolve the emergency
situation within 18 hours of the application approval for a crisis benefit.
K. Make home energy payments within 30 days of the date the application is approved.
L. 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.
M. Maintain a separate client file for each LlHEAP client that includes at least the following
infonnation:
1. Client's name, address, sex, age;
2. Names and ages and identification documentation of all household members;
3. Income amount and method of verification for all household members;
4. Income Documentation to support eligibility;
5. Statement of self-declaration of income if applicable:
6. If the total household income is less than 50% of the current Federal Poverty
Guidelines and no one in the household is receiving food stamps, include a statement
of how basic living expenses i.e., food, shelter and transportation are being provided.
20
LIHEAP
ATTACHMENT A
SCOPE OF WORK
7. Date client was interviewed;
8. Services provided;
9. Copies of approval or denial letters provided to the client;
10. If preference is given due to a disability, documentation of such, disability income or
physician's statement;
11. Documentation of client's obligation to pay an energy bill.
12. All LlHEAP assistance applications must be signed by the client and by the Recipient's
representative and supervisory/edit staff.
N. Recipients are required to have written applicant appeal procedures. Any applicant denied
lIHEAP 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 also 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 detennined 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.
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 the 150% of poverty population within each of the counties
served. This information must be reported In Attachment L to this Agreement.
21
LIHEAP
ATTACHMENT A
SCOPE OF WORK
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 or
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 or subcontractor 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. The Recipient will be responsible for determining the eligibility of the clients applying for the
L1HEAP program. Client eligibility is based on the following factors:
(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 or subcontractor while funds remain available.
verifying an obligation to pay for home energy costs.
1J
L1HEAP
ATTACHMENT A
SCOPE OF WORK
(3) The client must provide a fuel bill for home energy or provide other documentation
(4) The client must have a total gross household income of not more than 150% of the
current OMB federal poverty level for their household's size.
(5) Applicants receiving Supplemental Security Income (SSI), Food Stamps or
have applied for and are currently eligible for Weatherization Assistance
Program (WAP) or Community Services Block Grant (CSBG) funds
automatically qualify for L1HEAP; however, the benefit levels are the same
as other qualified applicants.
(6) To receive crisis assistance, the applicant must have a verifiable home energy crisis.
(7) If the applicant lives in government subsidized housing, the Recipient must determine if all
or part of their utility costs are paid directly or indirectly by the govemment and take the
following actions:
(a) The applicant is not eligible for assistance if their home heating and cooling costs are
totally included in their rent and they have no obligation to pay any portion of the
costs.
(b) For Crisis Assistance Only: If the applicant receives an energy subsidy through
Section 8 or a Public Housing Authority, then the agency must subtract the amount of
the subsidy available to the applicant during the period covered by the utility bill from
the allowable L1HEAP crisis benefit calculated for the household.
(c) The applicant is eligible for non-crisis, home energy assistance once at the same level
as other applicants with no deductions.
(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 dormitory.
13
LIHEAP
ATTACHMENT A
SCOPE OF WORK
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 in a written policy what criteria and verification wi" be used to
detennine if a household has a "home energy crisis" and eligible for crisis assistance.
The policy must encourage households to seek assistance prior to incurring non-energy
penalties such as disconnect/reconnect fees, additional deposit, interest or late payment
penalties, etc.
(3) The Recipient will not charge applicants a fee or accept donations from an applicant
to provide LlHEAP benefits.
(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 LlHEAP pOlicies and procedures.
(7) The Recipient will furnish training for all staff members assigned responsibilities for the
program.
(8) 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.
(9) The Recipient must have adequate procedures in place to ensure that LlHEAP funds
are appropriately budgeted and expended to sufficiently allow for energy assistance
benefits in both the heating and cooling seasons.
.24
LIHEAP
ATTACHMENT A
SCOPE OF WORK
(10) The Recipient will operate both program components in a manner that makes them
available to all potentially eligible clients in their service area.
(11) The Recipient will secure and maintain an internet computer service and notify the
Department of its e-mail address.
(12) The Recipient will post the following notice in a conspicuous place at all points where
LlHEAP applications are received: No money, cash or checks, will be requested or
received from customers in a LlHEAP office. If an employee asks for money, report this to
the agency Executive Director or Department Head.
.
25
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
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 Govemments, and Non-Profrt
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 312 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 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 - Procedures of the Departmental Grant Appeals Board;
2. Part 30 - Claims Collection;
3. Part 76 - Debarment and Suspension from Eligibility for Financial Assistance
(Nonprocurement);
4. 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;
5. Part 81 - Practice and procedure for hearings under Part 80 of this Title;
6. Part 84 - Nondiscrimination on the basis of handicap in programs and activities
receiving Federal financial assistance.
7 Part 86 - Nondiscrimination on the basis of sex in education programs and activities
receiving Federal financial assistance.
8. Part 87 - Equal Treatment for Faith Based Organizations;
9. Part 91 - Nondiscrimination on the Basis of Age In HHS programs or actiVIties receiving
Federal FinanCIal Assistance:
.26
lIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
10. Part 93 - New restrictions on lobbying;
11. Part 96 - Block Grants;
12. Part 100 -Intergovernmental Review of Department of Health and Human Services
Programs and activities;
B. PROJECTS OR PROGRAMS FUNDED IN WHOLE OR PART WITH FEDERAL MONEY
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.
C. INTEREST FROM CASH ADVANCES
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. Recipients shall
maintain advances of Federal funds in interest-bearing accounts unless one of the
following conditions applies:
NON-PROFITS ONLY:
1. The Recipient or subcontractor receives less than $120,000 in total Federal awards per
year.
2. The best reasonably available interest bearing account would not be expected to earn
interest in excess of $250 per year on all Federal cash balances.
'}.7
.
LIHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
3. The depository would require an average or minimum balance so high that it would not
be feasible within the expected Federal and non-Federal cash resource. Interest eamed
off cash advances shall be reflected on the monthly financial status report and the close-
out report.
LOCAL GOVERNMENTS ONLY:
Except for interest earned on advance of funds exempt under the inter-govemmental
Cooperation Action (31 U.S.C 6501 et seq.) and the Indian Self-Determination Act (23 U.S.C.
450), grantees and sub-grantees shall promptly, but at least quarterly, remit interest earned on
advances to the Federal agency. The grantee or sub-grantee may keep interest amounts up to
$100 per year for administrative expenses.
D. 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.
E. 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) The line item budget, as given in Attachment J of this Agreement and reported on
the monthly 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. Eacl'l
line item must meet all contractual budget requirements. For the purpose of
transferring funds, the following are considered budget categories:
Administrative Expenses, Outreach Expenses and Direct Client Assistance.
" -',,>
. I
\
~8
LlHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
(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) With the exceptions given in (a) and (b) above, all requests for modifications to
increase or decrease any line item by more than 20oA, must be submitted to the
Department for approval thirty (30) days prior to the anticipated implementation
date. Failure to meet this time frame may result in reimbursement delays.
(d) A letter of explanation and a revised budget summary and workplan page must
~o . be provided to the Department for any line item changes prior to the submission
t I of a financial status report in which the changes are implemented. This is not a
\"d!
Cp f fonnal modification, but will provide the Department with advance notice and a
~-"'-<-l'
, t. '
t-.- description of information concerning the budget revisions.
(e) None of the budget transfers may violate this Agreement or OMS Circulars
A-110, Common Rule, A-121 or A-a7. Your information will be reviewed by the
Department for compliance with these circulars.
(3) 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 lIHEAP modification package, approved by the Department, which includes
an amended budget summary and workplan page and amended budget detail page.
(4) Only unobligated funds may be transferred from one line item to another line item.
F. BONDING
(1) Non-Profit Oraan;zations: The Recipient agrees to purchase a blanket fidelity bond
covering all officers, employees and agents of the Recipient holding a position of trust
and authorized to handle funds received or disbursed under this Agreement. IndiVidual
bonds apart from the blanket bond are not acceptable. The amount of the bond must
cover each officer, employee and agent up to an amount equal to at least one-half of
the totalllHEAP agreement amount.
~l)
llHEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
.
(2)
Local Governments: The Recipient agrees to purchase a fidelity bond in accordance with
Section 113.07, Fla. Stat The fidelity bond must cover all officers, employees and agents
of the Recipient holding a position of trust and authorized to handle funds received or
disbursed under this Agreement.
G. MONITORING
(1) 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 sub-
recipients 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.
H. OTHER PROVISIONS
(1) The Recipient must budget a minimum of twenty-five (25) percent of the total Agreement
.
funds 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 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/supp/y
shortage emergency, the Department will provide binding directives as to the allowable
.10
L'HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
.
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 record keeping and audit requirements contained in Sections (5) and
(6) of this Agreement, the books, records, and documents .required under this Agreement
must also be available for copying and mechanical reproduction on or off the premises of
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.
(5) 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.
.
31
LIHEAP
ATTACHMENT C
REPORTS
A Annual reoorts - Within 45 days after the end of the Agreement the Recipient shall submit a
L1HEAP Close-out Report, including the LlHEAP Final Financial Report, a refund check for any
unspent funds, and the LlHEAP Final Program Report.
B. MonthlY reoorts - The L1HEAP Monthly Financial Status Report must be provided to the
Department by no later than the twenty-first (21st day) of each month following the end of the
reporting month in which funds were expended.
C. QuarterlY Reoorts - For each county the Recipient serves, the LlHEAP Household Quarterly
Program Report must be provided to the Department by no later than the twenty-first (21 st) day 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, Manager
Florida Department of Community Affairs
Division of Housing & Community Development
2555 Shumard Oak Boulevard
Tallahassee, Fl 32399-2100
Fax: (850) 488-2488
32
LIHEAP
ATTACHMENT D
PROPERTY MANAGEMENT AND PROCUREMENT
A. All such property purchased under this Agreement shall be inventoried annually and an
inventory report shall be made available to the Department upon request
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, infonnation needed to calculate the federal
and/or state share, date of acquisition, unit cost, property inventory number and infonnation 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.
13
LIHEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
A. Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall be admitted to any share of part of this Agreement or to any benefit to arise from the same.
B. Interest of Members. Officers. or Emp/ovees of Recipient. Members of Local Governina 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. 112.061, Florida Statutes.
C. Nepotism
The Recipient agrees to abide by the provisions of s. 112.3135, Fla. Stat., 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 subcontractors 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:
34
.
L'HEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
(1)
The Recipient possesses the legal authority to administer the program as 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.
(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-contractor.
(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 lIHEAP 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) Administration of this program 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.
35
.
LIHEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
(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 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 will have a publiShed and publicized local outreach office number
when the outreach office is open a minimum of 40 hours per week, or toll-free
telephone niJmber.
36
LIHEAP
ATTACHMENT F
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.
~..,
-' i
.
LIHEAP
ATTACHMENT G
WABBANTEs IV<<) BEfBESEN1"AJ'k)NS
Financial Manaoement
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain
infonnation pertaining to grant awards, authorizations, obligations, un-ob/igatecf balances, assets,
outlays, income and interest
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request for Payment Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures for determining whether costs are allowed and reasonable under the
provisions of the applicable OMS cost principles and the terms and conditions of this Agreement
.
(6) Cost accounting records that are supported by backup documentation.
Comoetition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors
that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent
contractor perfonnance and eliminate unfair competitive advantage, contractors that develop or draft
specifICations, requirements, statements of work, invitations for bids and/or requests for proposals
shall be excluded from competing for such procurements. Awards shall be made to the bidder or
offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient
considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that
the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and
all bids or offers may be rejected when it is in the Recipient's interest to do so.
18
.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from ~ :00 AM. to 5 : 00 1> M .
Licensina and Pennitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient
.
~9
(1)
Attachment H
Certification Regarding
Oebannent, Suspension, Ineligibility
And Voluntary Exclusion
The prospecUve subcontraclo< of the Recipient, t1/A ' certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
.
proposed for debannent, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
N/A
By:
Signature
Recipient's Name
Name and Title
DCA Contract Number
Street Address
City, State, Zip
Date
~o
LIHEAP
ATTACHMENT I - RECIPIENT INFORMATION
r
FEDERAL YEAR: --2.L CONTRACT PERIOD: Date of Sianina to March 31.2010
FOR DCA USE ONLY
"
DATE RECEIVED:
DCA CONSULTANT:
REVISION(S) RECEIVED:
I
I. RECIPIENT CATEGORY: {} Non~Profit {X} Local Government { } State Agency
II. COUNTIES TO BE SERVED WITH THESE FUNDS:
Monroe
III. GENERAL ADMINISTRATIVE INFORMATION
a. Recipient: _Monroe County Board of County Commissioners
b. Executive Director or Chief Administrator._Sheryl Graham
c. Recipient Address: _1100 Simonton Street
City: _Key West ,FL Zip Code: _33040
Telephone: (305) _292-4510 Fax: (305) _292-4417
County: _Monroe_ E-mail Address: -9raham-sheryl@monroecounty_f1.gov_
d. Mailing Address (if different from above):
,FL Zip Code:
e. Chief Elected Official (Local Governments) or President/Chainnan (for corporations):
Name:_
Title: _Mayor
Home or business address and telephone number other than Recipient's address:
,FL Zip Code:
Telephone (
f. Official to Receive State Warrant: Name: _Danny Kolhage
Title: _Clerk of Court
Mailing Address: _500 Whitehead Street
Key West ,FL Zip Code: _33040_
g. Recipient Contacts:
(1) Program: Name _Sheryl Graham_ Title: Social Services Director
Mailing Address: _1100 Simonton Street_1-196
_Key West , FL Zip Code: _33040
Telephone: (305) _292-4592_ Fax: (305) _305-295-4361_
Cell: ( )_ -Mail Address: graham-sheryl@monroecounty-f1.gov
(2) Fiscal: Name _Danny Kolhage_ Title _Clerk of Court
Mailing Address: _500 Whitehead Street
_Key West ,FL Zip Code: _33040
Telephone: (305) _292-3560 Fax: (305) _295-3660
Cell: ( ) E-Mail Address:dkolhage@monroe-clerk.com
h. Person(s) authorized to sign reports: Sheryl Graham; Kim Wilkes; Marlene Steckley
IV.
AUDIT
Recipient Fiscal Year: _October
to _September_
Audit is due nine (9) months from the end of the recipient's fiscal year. _June
41