THIS AGREEMENT made and entered into, by and between the Deputy Secretary of Social and Rehabilitation Services, hereinafter referred to as SECRETARY, and United Tribes of Kansas and Southeast Nebraska, Inc., hereinafter referred to as TRIBES.
WHEREAS, TRIBES has authority from the Iowa Tribe and Sac and Fox Tribe to operate the Low Income Energy Assistance Program, hereinafter referred to as LIHEAP, for-those Tribes pursuant to 45 CFR 1336. 1.
WHEREAS, TRIBES, and SECRETARY agree that members of said Tribes would be better served through a direct grant to TRIBES.
WHEREAS, the SECRETARY has the responsibility to administer the LIHEAP pursuant to 45 CFR 260 et seq.
WHEREAS, said tribal members have exercised the option of having their members served, through a direct grant from the Department of Health and Human Services.
THEREFORE, the parties, agree to the following terms:
RESPONSIBILITIES OF PARTIES
The TRIBES hereby agree:
- That the defined service area to be covered by TRIBES from funds received in the direct grant will be the entire eligible Indian population residing on the Iowa and Sac and Fox Reservations in Northeast Kansas and those members of said Tribes living in Brown and Doniphan Counties in Kansas.
- That $ 41,400 will be set-aside for the direct grant to the Tribes from the State of Kansas FY-2008 allotment. This is a fair apportionment of funds based on caseload demographics and unexpended carry-over of funding.
- To serve all eligible households within the above designated boundaries. The names and addresses of potential households have been submitted to the SECRETARY which is set forth in Attachment "A" and incorporated into this agreement and made a part hereof. Prior to the TRIBES taking action on behalf of any applicant not reflected on Attachment "A," a clearance will be sought from the local SRS offices to ensure that there will be no duplication of assistance to households.
- To Use the same guidelines for eligibility and benefits as used by the State in administering the State's FY-2008 LIHEAP. The benefit structure will be supplied by the State.
- Stephanie Hartley , Program Administrator, or her successor, is designated contact person for operation of this program.
- To be bound and abide by all federal statutes and regulations governing the dissemination or expenditure of funds pursuant to LIHEAP, and any amendments that may be made hereto. Specifically the TRIBES agree to abide by the Low Income Energy Assistance Act of 1981 (Title XXVI of Pub. L. 97-35), as amended.
- The TRIBES agree and acknowledge responsibility for informing the SECRETARY by June 30, 2008 of the following information: (1) Amount of any unexpended funds that will be held over for subsequent agreement periods; (2) A listing of households assisted with energy benefits;(3) Expenditure amounts of energy assistance; (4) Average benefit amounts; (5) Heating system and energy vendor used by each recipient household; (6) Dwelling type of each recipient household; 7) Household size of each case assisted; and (8) LIHEAP administrative expenditures claimed up to the federal allowable limit.
- LIHEAP funds carried over will reduce the grant amount of any subsequent agreement between the parties.
The SECRETARY hereby agrees:
- To allow $41,400 of the State's LIHEAP Block Grant to be released by the U.S. Department of Health and Human Services and granted for use by TRIBES to serve the Indian population residing on the Iowa and Sac and Fox Reservations in Northeast Kansas and those members of said Tribes living in Brown and Doniphan Counties.
- To provide advice on the interpretation of benefit guidelines which will be followed by TRIBES in the granting of benefits to the above Indian Populations.
- To refer all households within the defined area to the TRIBES if they apply for assistance from the State. This would include all Indian households residing on the Iowa and Sac and Fox reservation in Northeast Kansas and those members of said Tribes living in Brown and Doniphan Counties in Kansas.
The PARTIES hereto mutually agree:
- That the total FY-2008 funds received for benefits and administration will not exceed $ 41,400.
- That the tribal funds for energy assistance will be received directly from the Department of Health and Human Services, Washington,D.C.
- That every effort will be made by parties to ensure that duplicate payments are not issued. Time is of the essence in the exchange of any relevant data.
- This agreement terminates September 30, 2008.
- This agreement may be canceled by either party upon providing written notice at least 90 days in advance of the effective date of cancellation, provided however, the SECRETARY may terminate this agreement wherein the TRIBES are found to be in breach of any term or condition of this agreement, after having given at least 30 day prior notice of such breach and the failure of TRIBES to remedy such breach.
- This agreement constitutes the whole agreement between the parties and may not be amended unless said amendments are made in writing and signed by the parties, hereto.
- That in the event there are unexpended sums of the grant, the remainder will be held over by the TRIBES.
- That in the event TRIBES deplete the total funds due to a significant increase in eligible households and if all terms of this agreement have been met, the SECRETARY may consider amendment of this, agreement.
IN WITNESS HEREOF, the parties hereto have affixed their signatures the date first above written.
|Don Jordan,||Fredia Perkins,|
|Kansas Department of Social and||United Tribes of Kansas and|
|Rehabilitation Services||Southeast Nebraska, Inc.|