DCED Letter of Agreement

1. PARTIES:  This agreement is between the Utah State Department of Community and Economic Development, Division of Community Development, HEAT Program, hereinafter referred to as STATE, and the Paiute Indian Tribe of Utah, 440 North Paiute Drive, Cedar City, Utah 84720, hereinafter referred to as the TRIBE.
   
   
2. PERIOD: This agreement is effective upon signature and terminates 30 September 2000, unless terminated sooner in accordance with the terms and conditions of this agreement.
   
   
3. PROGRAM REQUIREMENTS:  During the period of this agreement, the TRIBE will comply with the terms and conditions as outlined in the attached Project Summary.
   
   
4. PROGRAM COSTS: The STATE agrees to allow the U.S. Department of Health and Human Services to allocate $34,000.00, of the STATE's FY 2000 LIHEAP allotment, to the TRIBE.
   
   
5. ATTACHMENTS INCLUDED AS PART OF THIS AGREEMENT:

   a. Attachment A - Project Summary; Attachment B - Households Applied and Assisted Report; Attachment  C - List of Participants Report; and Attachment D - Expenditures Report.

WITNESS WHEREOF, the parties sign and cause the agreement to be executed:

 

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Tribal Chairman                                                    Date Paiute Indian Tribe of Utah

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Kerry W. Bate Director                                        Date Division of Community Development

1. TERM OF AGREEMENT:  Effective upon signature and terminates on 30 September 2000
   
   
2. FUNDING ALLOCATIONS: Provided the STATE receives a LIHEAP allocation for FY 1999, then, under the terms of this contract, the TRIBE will receive $34,000.00 from the allocation of the STATE to be distributed for LIHEAP payments, crisis intervention payments, and administrative costs.
   
   
3. ADDITIONAL TERMS-AND CONDITIONS:
   
   Geographic Boundaries: The TRIBE will provide energy assistance services to all eligible Native American households residing in the Tribal Service area of Iron, Millard, Sevier and Washington Counties of Utah.
   
   Exchange of Information: The TRIBE will take necessary steps to insure that they do not pay households already paid by the STATE. A list of recipients and their social security numbers will be provided to the local HEAT/LIHEAP Office each month and with the final reporting requirements.
   
   Reporting Requirements: By August 1, 2000, the TRIBE, using the forms provided in Attachments 8, C and D of this contract, will provide the STATE a final report as listed below:

   a. Attachment B: showing the total number households applied and assisted by their percent of poverty income level.

   b.Attachment C: showing a list of participants served that includes the name of each household member with his or her social security number. (This report will also be shared, each month, with the Regional LIHEAP/HEAT Offices located at the Six County AOG in Richfield for Millard and Sevier counties: and at the Five County AOG in St. George for Iron and Washington counties, to coordinate with and to prevent duplication of services.)

   c. Attachment D: showing the total amount paid for client benefits, crisis intervention, and administration.

   Basis for Future HEAT Program Allocations: The information provided under the reporting requirement clause will be used by the STATE to determine allocations for FY 2001 LIHEAP.

4. Attachments included as part of this contract, Attachment B-LIHEAP Program Report; Attachment C-List of Participants; Attachment D-LIHEAP Expenditures Report.
   
   
5. DOCUMENTS INCORPORATED INTO THIS AGREEMENT BY REFERENCE BUT NOT ATTACHED HERETO:
   
   a. State of Utah Home Energy Assistance Target Program Plan.
   
   
6. PURPOSE OF AGREEMENT: Section 2604 (d) of the Low-Income Home Energy Assistance Act of 1991 allows for the direct funding of Indian Tribes if the Secretary of the Department of Health and Human Services receives such requests from a Tribe and if the Secretary determines that the members of such Tribe would be better served by direct funding.
   
   The STATE concurs with determination that the TRIBE would be better served by direct funding and enters into this agreement to clarify the amount of funding that will be available from the STATE allocation and other additional terms and conditions.
   
   By this agreement, the TRIBE accepts all responsibility in fulfilling the requirements in the development and implementation of the Tribal Plan.
   
   
7. INDEMNITY CLAUSE:  The TRIBE hereto agrees to indemnify and save harmless the STATE, its officers, agents, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings which may arise out of the performance of this contract by said TRIBE, its officers, agents, or employees.
   
   
8. TERMINATION CLAUSE:  This contract may be terminated in advance of the specified expiration date, by either party, with or without cause, pon 30 days prior written notice being given to the other party. On termination of this contract all accounts and payments will be processed; according to financial arrangements set forth herein for services rendered to date of termination.