03/15/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 20, 2006
TO:
Louis Latorre, Director
Social Services Division
ATTN:
Dawn Thomas
FROM:
Pamela G. Hanc~
Deputy Clerk
At the March 15, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Contract No. 06EA-3M-II-54-01-019 between Monroe
County and the Florida Department of Community Affairs, regarding Low Income Home Energy
Assistance Program (LIHEAP) funds.
Enclosed are four duplicate originals of the above-mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return thefully executed "Monroe County
Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon
as possible. Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance wlo document
Filei
~Comd1am".omee.~
L1HEAP FY 2006-2007
CONTRACT NUMBER: 06EA-3M-11-54-01-019
CFDA NUMBER 93.568
LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM
FEDERALLYFUNDEDSUBGRANTAGREEMENT
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
"Departmenf'), and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, (hereinafter referred
to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these
grant funds to provide the services identified herein; and
B. WHEREAS, the Department has received these grant funds from the State of Florida,
and has the authority to sub-grant these funds to the Recipient upon the terms and conditions hereinafter
set forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK
The Recipient shall fully perform the obligations in accordance with the Scope of Work,
Attachment A and Budget Summary and WOrkplan, Attachment J of this Agreement.
(2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed b'y~pplicable State and Federal
, ............... ...
laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution of both parties or March 1. 2006 whichever is
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earlier, and shall end March 31. 2007, unless terminated earlier in ac.cordance with the provisions of
paragraph (12) of this Agreement.
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(4) MODIFICATION OF AGREEMENT
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.
(5) RECORDKEEPNG
(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 OMB Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-a7, "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) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided 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, Chief Financial Officer, or Auditor General access to such
records upon request. The Recipient shall ensure that audit working papers are made available to the
Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five
years from the date the audit report is issued, unless extended in writing by the Department, with the
following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five 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 five years after final disposition.
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3. Records relating to real property acquisition shall be retained for five
years after closing of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors
or consultants paid from funds provided under this Agreement, including supporting 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 Budget Summary and Workplan, Attachment J of this Agreement and all
other applicable laws and regulations and shall ensure through contractual requirements that
subcontractors or consultants paid from funds provided under this agreement maintain records in identical
form, to be made available to the Department upon request.
(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 be construed according to the
circumstances but ordinarily shall mean during normal business hours of a:oo 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.
(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 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) 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
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awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates
Federal resources awarded through 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 OMB 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 relative to auditee responsibilities as provided in Subpart C of OMB 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 ofOMB 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 elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages 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:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(an electronic copy shall a'so be submitted to the above office)
and
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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 (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
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 submit
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and
any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee: Florida 32399-2100
(an electronic copy shall also be submitted to the above office)
and
Department of Community Affairs
Community Assistance Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local govemmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the Recipient in correspondence accompanying the
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reporting package.
(i) 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.
0> 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. The audit must be submitted to the Department no later than seven (7) months from the
end of the Recipient's fiscal year
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly reports, and
with a close-out report. These reports shall include the current status and progress by the Recipient
and all sub-recipients and subcontractors in completing the work described in the Scope of Work and
the expenditure of funds under this Agreement, in addition to such other information as requested by
the Department.
(b) Quarterly reports are due to be received by the Department no later than 30 days
after the end of each quarter of the program year and shall continue to be submitted each quarter until
submission of the administrative close-out report. The ending dates for each quarter of the program
year are March 30, June 30, September 30 and December 31.
(c) The close-out report is due 45 days after termination of this Agreement or
upon completion of the activities contained in this Agreement, whichever first occurs.
(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 (11)
REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance
with the Scope of Work, Attachment A and Budget Summary and Workplan, Attachment J of this
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Agreement.
(e) The Recipient shall provide such additional program updates or information as
may be required by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachment C.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of
its subCOntractors, subrecipients and consultants who are paid from funds provided under this
Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished
within the specified time periods, and other performance goals stated in this Agreement are achieved.
Such review shall be made for each function or activity set forth in Attachment A to this Agreement,
and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised
and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring
procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as
defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement,
the Recipient agrees to comply and cooperate with all 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 Comptroller
or Auditor General. In addition, the Department will monitor the performance and financial management
by the Recipient throughout the agreement term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.2a,
Fla. Stat.. the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the
terms of this agreement, and sh.all hold the Department harmless against all claims of whatever nature
by third parties arising out of the performance of work under this agreement. For purposes of this
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agreement, Recipient agrees that it is not an employee or agent of the Department, but is an
independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 76a.28,
fla. Stat. agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Defaulf'), 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 in Paragraph
(11), but the 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:
(a) If any warranty or representation made by the Recipient 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 obligations, 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;
(b) If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material
adverse change within thirty (30) days from the time 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;
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(d) If the Recipient has failed to perform and complete in timely fashion any of
its obligations under this Agreement
(11) REMEDIES
Upon the happening of an Event of Default, then the Department may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently
or consecutively:
(a) 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-retum receipt requested, to
the address set forth in paragraph (13) herein;
(b) Commence an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of ail or any part of a request for payment;
(d) Exercise any corrective or remedial actions. to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may be
taken if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. requiring the Recipient to reimburse the Department for the amount of
costs incurred for any items determined to be ineligible;
(e) Require that the Recipient retum to the Department any funds which were used for
ineligible purposes under the program laws, rules and regulations goveming the use of funds under this
program.
(f) Exercise any other rights or remedies which may be otherwise available under law.
(g) The pursuit of any one of the above remedies shall not preclude the Department from
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pursuing any other remedies contained herein or otherwise provided at law or in equity. 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.
(12) TERMINATION
(a) 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. Stat.. as amended.
(b) The Department may terminate this Agreement when it determines, in its sole
discretion, that the continuation of the Agreement would not produce beneficial results commensurate
with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written
notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish 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 the date of receipt of notice of the termination will be disallowed. 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.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either
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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 Department contract manager for this Agreement is:
Karen Ventimiglia, Community Program Administrator
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 488-7541
Fax: (850) 4aa-2488
Email: Karen.ventimiqlia@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is stated in Recipient Information, Attachment I of this Agreement.
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy
of the unsigned subcontract must be forwarded to the Department for review and approval prior to
execution of the subcontract 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,
(iii) 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. Each
subcontractor's progress in performing its work under this Agreement shall be
documented in the quarterly report submitted by the Recipient.
For each sub agreement, the Recipient shall provide a written statement to the Department as
to whether that subcontractor is a minority vendor.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
(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
and the attachments hereto, the language of such attachments shall be controlling, but only to the extent
of such
conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
A Scope of Work
B. Program Statutes and Regulations
C. Reports
D. Property Management and Procurement
E. Statement of Assurances
F. Special Conditions
G. Warranties and Representations
H. Certification regarding Debarment
I. Recipient Information I
J. Budget Summary and Workplan
K. Budget Detail
L. Multi-County Fund Distribution
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
$102.384, subject to the availability of funds and appropriate budget authority. The
Recipient is authorized to incur costs in amount not to exceed $64.502 until further
notification is received from the Department. As funds and budget authority are available, changes to
the costs the Recipient may incur will be accompanied by notice from the Department to the
Recipient, in the form of certified mail, return receipt requested, to the Recipient contact person
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identified in Attachment I, Recipient Information. The terms of the Agreement shall be considered
to have been modified to allow the Recipient to incur additional costs upon the Recipients 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 Recipients 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 agreement term. For a
federally funded agreement, any advance payment is also subject to federal OMB Circulars A-87, 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 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.
1. X 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 as
needed. The Recipient agrees to expend funds in accordance with the Scope of Work, Attachment A and
Budget Summary and Workplan, Attachment J of this Agreement.
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, all
obligations on the part of the Department to make any further payment of funds hereunder shall
terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from
the Department.
(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 Department
at the following address:
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Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla Stat. if a check or other draft is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS
Pursuant to Section 215.422, Fla. Stat.. the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the 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. Stat. 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 (a50) 413-5516.
(20) STANDARD 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 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 null and void to the extent of such conflict, and shall be deemed severable, but shall not
invalidate any other provision of this Agreement
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(c) 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 et sea.). 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 excess of Category Two for a period of 36 month from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, by signing this
Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a federal department or
agency;
2. have not, within a 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 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,
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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
20(h)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.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Department (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion'
(Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Department prior to the Recipient entering into a contract with any
prospective 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) If otherwise allowed under this Agreement, all bills for any 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 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 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 agreement amount.
16
(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 a U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INAtI)] 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 such boards shall be publicly
noticed, open to the public, and the minutes of all such meetings shall be public records, available to the
public in accordance with Chapter 119, Fla. Stat.
(21) 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.
(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 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
17
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 sub agreements, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
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 penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(22) 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
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(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 copyrightable 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 transferred by the Recipient to the State of Florida.
18
(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 patentor 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.
(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
their undersigned officials as duly authorized.
Attachment E. ~
~o g '"T\
IN WITNESS WHEREOF, the parties hereto have caused this agreement to ~ex~uteijy ~
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-(..-;-
STATE OF FLORIDA :"'):;- C!1 ~
DEPARTMENT OF COMMl\B~F~ 0
BY~ 1)(
Kimball Love, Director
Division of Housing and Community
Development
Date: 4. IQ . 0(,
RECIPIENT
BY:
Name and title: Charles "Sonny" McCoy. Mayor
Date: March 15. 2006
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program: United States Department of Health and Human Services Title:
Low Income Home Energy Assistance Program (L1HEAP)
CFDA* Number: 93.568
*Catalog of Federal Domestic Assistance
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
List applicable compliance requirements as follows:
1. Purposes resources must be used for:
The Recipient will use the L1HEAP 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. Eligibility requirements for recipients of the resources:
The Recipient will 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.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number. N/A
SUBJECT TO SECTION 215.97. FLORIDA STATUTES:
State Project (list State awarding agency, Catalog of Federal Domestic Assistance title and number. NIA
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
N/A
NOTE: Section .400(d) of OMB 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 1 be provided
to the recipient.
20
LIHEAP
ATTACHMENT A
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 individuals or disabled individuals, or both, are made aware of the
assistance available under this Agreement.
B. The Recipient shall develop a Memorandum of Understanding (MOU) with all Weatherization
Assistance Programs (yVAP) in 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 LHEAP recipients who have received
more than three L1HEAP benefits in the last 18 months and who are homeowners, are
referred to the W AP provider.
C. 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.
D. Make L1HEAP home energy assistance payments based on a state-provided payment matrix
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 benefit level.
E. Make vendor payments directly to fuel providers or recipients on behalf of eligible clients, or
instances where vendor agreements cannot be negotiated, make payments directly to clients in
the form of a one or two party check.
21
LIHEAP
ATTACHMENT A
SCOPE OF WORK
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.
G. Establish 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.
I. 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.
J. 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.
K. Make home energy payments within 45 days of the date all requested information is
received.
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 record for each L1HEAP client that includes at least the
following data:
1. Client's name, address, sex, age;
2. Household demographics;
3. Income amount and method of verification;
22
L1HEAP
ATTACHMENT A
SCOPE OF WORK
4. Income Documentation to support eligibility;
5. Statement of self-declaration of Income if applicable;
6. Date client was interviewed;
7. Services provided;
a. Copies of approval or denial letters provided to the client;
All L1HEAP assistance applications must be signed by the client and by the Recipient's
representative.
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 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 poverty population within each of the counties served. This
information must be reported in Attachment L to this Agreement.
23
LIHEAP
ATTACHMENT A
SCOPE OF WORK
a. 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 do 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 and its crisis components, 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.
24
LIHEAP
ATTACHMENT A
SCOPE OF WORK
(3) The client must provide a fuel bill for home energy or provide other documentation
verifying an obligation to pay for home energy costs.
(4) The client must have a total household income of not more than 150% of the
current OMB federal poverty level for their household's size.
(5) Applicants receiving Food Stamps or have applied for and are currently eligible
for Weatherization Assistance Program (yVAP) and Community Services Block
Grant (CSBG) funds automatically qualify for L1HEAP, however, the benefit
levels are the same as other qualified applicants,
(6) The applicant must have a verifiable home energy crisis (crisis component).
(7) The applicant must not live in government subsidized housing projects where home
heating and cooling costs are totally included in their rent and they have no obligation to pay
any portion of the home heating and cooling costs.
(8) The client must not reside in a group living facility or a home where the cost of residency
is at least partially paid through any foster care or residential program administered by
the state.
(9) The client must not be a student living in a 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. These criteria must be set
in a manner to encourage households to seek assistance prior to incurring non-energy
25
LlHEAP
ATTACHMENT A
SCOPE OF WORK
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.
(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
26
LIHEAP
ATTACHMENT A
SCOPE OF WORK
available to all potentially eligible clients in their service area.
(13) The Recipient will secure and maintain an internet computer service and notify the
Department of their e-mail address.
(14) The Recipient will post the following notice in a conspicuous place at all points where
L1HEAP applications are received:
No Money, cash or checks, will be requested or received from customers in a L1HEAP
provider's office. If an employee of such an office asks for money, report this to the agency
Executive Director or Department Head.
27
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-11 0, "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.
5. Part ao - Nondiscrimination under programs receiving Federal assistance through the
Department of Health and Human Services (HHS) effectuation of Title VI of the Civil Rights
Act of 1964.
6. Part 81 - Practice and procedure for hearings under Part 80 of this title.
7. 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 a4 - Nondiscrimination on the basis of handicap in programs and
activities receiving Federal financial assistance.
28
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
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 PROJECTS FUNDED IN WHOLE OR PART WITH FEDERAL
MONEY
The Recipient assures, as stated in Section 50a 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
Subcontractors shall invest cash advances in compliance with section .21 (h) (2) (i) of the
Common Rule and section .22 of OMB Circular A-110 as revised. Subcontractors shall
maintain advances of Federal funds in interest-bearing accounts unless (1), (2), or (3) apply:
29
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
NON-PROFITS ONLY:
1. The Recipient or subcontractor receives less than $120,000 in 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 Federal cash balances.
3. The depository would require an average or minimum balance so high that it would not
be feasible within the expected Federal and non-Federal cash resource. Interest earned
off cash advances shall be reflected on the monthly financial status report and the close-
out report.
LOCAL GOVERNMENTS ONLY:
Except for interest earned on advance of funds exempt under the inter-governmental
Cooperation Action (31 U.S.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) Either party may request a modification to 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.
30
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
(3) The line item budget, as given in Attachment J 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 and Direct Client Assistance.
(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 Departmentwith 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-110, 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.
31
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
F. BONDING
(1) Non-Profit Organizations: The Recipient agrees to purchase a blanket fidelity bond
covering all officers, employees and agents of the Recipient holding a position of trust
and authorized to handle funds received or disbursed under this Agreement. Individual
bonds apart from the blanket bond are not-acceptable. The amount of the bond must
cover each officer, employee or agent up to an amount equal to at least one-half of the
total L1HEAP agreement amount.
(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
32
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
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/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 recording 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.
A. As applicable, 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.
33
L1HEAP
ATTACHMENT B
PROGRAM STATUTES AND REGULATIONS
B. All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the
final close-out report, whichever is later, with the following exceptions:
(1) If any litigation, claim or audit is started before the expiration of the three
year period and extends beyond the three year period, the records will be
maintained until all litigation, claims or audit findings involving the records
have been resolved.
(2) Records for the disposition of non-expendable personal property valued at
$1,000 or more at the time of acquisition shall be retained for three years
after final disposition.
(3) Records relating to real property acquisition shall be retained for three years
after closing of title.
C. All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the
Scope of Work, Attachment A, and all other applicable laws and regulations.
D. The Recipient, its employees or agents, including all sub-recipients 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.
34
L1HEAP
ATTACHMENT C
REPORTS
A Annual reoorts - Within 45 days after the end of the agreement the Recipient shall subrnit 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. Monthly reports - The L1HEAP Monthly Financial Status Report must be provided to the
Department by no later than the twenty-first (21 st) of each month following the end of the reporting
month in which funds were expended.
C. QuarterlY 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.
The first quarterly report shall include copies of all Memorandum of Understandings
between the Recipient and the Weatherization Assistance Program provider in their area as
required in Attachment A, Section V (15).
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
35
LIHEAP
ATTACHMENT 0
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
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
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.
36
L1HEAP
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 Emolovees of Recioient. Members of Local Governina Bodv, or
Other Public Officials.
No member, officer, or employee of the Recipient, or its delegates or agents, no member of the
governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program
during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds 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. Neootism
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
(1) The Recipient possesses the legal authority to administer the program as approved by
the Recipienfs governing body, including all assurances contained herein.
37
LlHEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
(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 ofthe Civil Rights Act of 1964; and 45
C.F.R. Parts 84, 86 and 90.
(6) The Recipient will comply with section 6aO 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) 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.
(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
38
lIHEAP
ATTACHMENT E
STATEMENT OF ASSURANCES
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. 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.
39
LIHEAP
ATTACHMENT F
SPECIAL CONDITIONS
A. The Recipient and its sub-recipients shall comply with the following special conditions:
NONE
B. Failure of the Recipient or it's sub-recipients 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.
40
LlHEAP
ATTACHMENT G
WARRANTIES AND REPRESENTATIONS
Financial Manaaement
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application of funds for all activities.
These records shall contain information pertaining to grant awards, authorizations,
obligations, un-obligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets.
Recipient shall adequately safeguard all such 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 the reasonableness, allocability and allowability of
costs in accordance with the provisions of the applicable cost principles and the terms
and conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
Comoetition
All procurement transactions shall be conducted in a manner to provide, to the maximum extent
practical, 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 objective contractor performance and eliminate unfair competitive
advantage, contractors that develop or draft specifications, requirements; statements of work, invitations
for bids and/or requests for proposals shall be excluded from competing for such procurements. 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, price, quality and other factors considered. Solicitations shall clearly set
forth all requirements that the bidder or offeror shall 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.
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 herein, 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 such standards
by officers, employees, or agents of the recipient.
41
LlHEAP
ATTACHMENT G
WARRANTIES AND REPRESENTATIONS
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
leastoneemployeeonsite,from 8:00 am to 5:00 pm, Mon!iay - Friday (except Holidays).
Licensina and Permitting
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.
42
ATTACHMENT H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1 )
The prospective contractor of the Recipient,
N/A
, certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
DCA Contract Number
Street Address
City, State, Zip
Date
EY
43
L1HEAP
ATTACHMENT I -- RECIPIENT INFORMATION
FEDERAL YEAR: ~ CONTRACT PERIOD: Date of Slanina to March 31. 2007
,.
FOR DCA USE ONLY
DATE RECEIVED:
DCA CONSULTANT:
REVISION(S) RECEIVED:
J
J
~
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: Louis LaTorre
c. Recipient Address: 1100 Simonton Street
City: Key West I FL Zip Code: 33040
Telephone: ( ) (305) 292-4573 Fax: ( ) (305 292-4517
County: Monroe E-mail Address: socia services monroecounty-fl. gov
d. Mailing Address (if different from above):
N/A
,FL Zip Code:
e. Chief Elected Official (Local Governments) or President/Chairman (for corporations):
Name: Charles "Sonny" McCoy
Title: Mayor
Home or business address and telephone number other than Recipient's address:
500 Whitehead Street
Key West ,FL Zip Code: 33040 Telephone (305) 292-3430
1. Official to Receive State Warrant: Name: Danny Kolhage
Title: Clerk of Court
Mailing Address: 500 Whitehead Street
Key Wes t ,FL Zip Code: 33040
g.
Recipient Contacts:
(1) Program: Name Louis LaTorre Title: Social Services Director
Mailing Address: 1100 Simonton Street
Key Wes t ,FL Zip Code: 33040
Telephone: ( ) (305) 292-4573 Fax: ( ) (305) 292-4517
Cell: ( ) (305) 304-0076.E-Mail Address: socialservices@monroecounty-fl.
gov
(2) Fiscal: Name Danny Kolhage Title Clerk of Court
Mailing Address: 500 Whitehead Street
Kev 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:
Louis LaTorre
IV.
AUDIT
Recipient Fiscal Year: October
to September
Audit is due seven months from the end of the recipient's fiscal year: May
44
ATTACHMENT J
L1HEAP
BUDGET SUMMARY AND WORKPLAN
I. BUDGET SUMMARY
1.
4. Home Energy Assistance (Must be at least 25% of Line 1)
5. Crisis Assistance
6. Weather Related/Supply Shortage (Must be at least 2% of
Line 1)
7. TOTAL DIRECT CLIENT ASSISTANCE (LINES 4+5+6)
27,000.00
65,094.00
2,100.00
94,194.00
11. GRAND TOTAL (Lines 2+3+7+10)
II. DIRECT CLIENT ASSISTANCE PLAN
Type of Assistance:
Estimated # of
Households to
be Served
Estimated Cost
Per
Household
Estimated
Expenditures
Col. 1 x Col. 2
Home Energy 216 125 27,000.00
Crisis 260 250 65,094.00
Weather Relatedl Supply 8 250 2,100.00
Shorta e
TOTAL 484 625 94,194.00
L1HEAP
ATTACHMENT K
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
2. Rental/Copy
3. Maintenance Agreement
4. Printing & Binding
5. Office Supplies
6. Operating Supplies
Total Administrative Expenses
Total Outreach Expenses
Direct Client Assistance
4. Home Energy Assistance
5. Crisis Assistance
6. Weather Related/Supply
Total Direct Client Assistance
GRAND TOTAL
46
400.00
2,290.00
2,500.00
500.00
1,000.00
1,000.00
L1HEAP FUNDS
500.00
7,690.00
8,190.00
- 0 -
27,000.00
65,094.00
2,100.00
94,194.00
102,384.00
-
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ATTACHMENT M
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT: Monroe County Board of County Commissioners
Indicate by checking one of the boxes below, if you are requesting an advance. Ifan advance payment is requested, budget
data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s.
216.181(l6)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the
recipient within the initial three months.
IXJ NO ADVANCE REQUESTED
[ I ADVANCE REQUIRED
No advance payment is requested. Payment will be made
solely on a reimbursement basis. No additional information is
required.
Advance payment of $ is requested. Balance of
payment will be made on a reimbursement basis. These funds are
needed to pay staff. award benefits to clients. duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
DESCRIPTION (A) (B) (C) (D)
FFY 2003 FFY 2004 FFY 2005 Total
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES.
3 AVERAGE PERCENT EXPENDED IN FIRST %
THREE MONTHS (Divide line 2 bv line 1.)
First three months expenditures need to be provided for the years you received a LIHEAP contract. If you do not have this
information, call your financial specialist and they will assist you.
MAXIMUM ADVANCE ALLOWED:
X $
= $
LIHEAP Award Maximum Advance
Cell 03
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
Recipient has no previous history with LIHEAP contracts. Complete Estimated Expenses chart and
explanation of circumstances below.
Recipient has exceptional circumstances that require an advance greater than the ftrst three months expenditures
of the previous three years. Complete Estimated Expenses chart and Explanation of Circumstances below.
Attach additional pages if needed.
ESTIMATED EXPENSES CHART
BUDGET CATEGORY 2006-2007 Anticipated Expenditures for
First Three Months of Contract
ADMINISTRATIVE
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
48