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
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:
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 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
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.
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 ,
Department of Social and
Tribes of Kansas and