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Resolution 467-2010RESOLUTION NO. 467 -2010 A RESOLUTION AUTHORIZING THE MONROE COUNTY DIRECTOR OF SOCIAL SERVICES AS THE WEATHERIZATION ASSISTANCE PROGRAM (WAP) ADMINISTRATOR TO EXECUTE CONTRACTS ON BEHALF OF MONROE COUNTY WITH CONTRACTORS UNDER CERTAIN CONDITIONS WHEREAS, the Monroe County Social Services Department is the County Department primarily responsible for assisting lower income families and individuals; and, WHEREAS, the Monroe County Social Services Department applied for and obtained a state grant under the Weatherization Assistance Program (WAP); and, WHEREAS, the WAP program is targeted at lower income families and individuals with the goal of reducing the cost of utilities for lower income families and individuals through improvements in home weatherization/insulation; and, WHEREAS, the Director of Social Services is the County's program administrator for the State's Weatherization Assistance Program (WAP), with a fiduciary responsibility to act in the best interest of Monroe County; and, WHEREAS, the WAP program limits the amount of money that can be spent on improvements on any single residence to $5,600; and, WHEREAS, the County, following County bidding procedures, is hiring professional private contractors to perform the weatherization improvements; and, WHEREAS, for purposes of clarity and liability it is in the best interest of the County to enter in to signed contracts, and; WHEREAS, for purposes of efficiency due to the volume of homes the County hopes to service, the brief amount of time it takes to service each home and the monetary limit that can be expended on any one home, it would be in the County's best interest to authorize the Director of Social Services to execute contracts for Weatherization Assistance Program work NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida that: The Monroe County Director of Social Services is hereby authorized to execute contracts between private contractors and Monroe County for work done pursuant to the Weatherization Assistance Program when the following conditions are present: (a) An individual or family has applied for and qualified for assistance under the WAP program. (b) The Monroe County Social Services department has bid out the WAP work in accordance with County purchase policy and procedures. (c) The work is awarded to the lowest qualified bidder (d) The awardee executes the contract attached hereto as exhibit "A ". Upon completion of the work, all such executed contracts along with proper invoicing shall be forwarded for payment to the Monroe County Clerk of Court. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said board on the 15th day of December 2010. Mayor Heather Carruthers Yes Mayor Pro Tern David Rice Yes Commissioner Kim Wigington Yes Commissioner George Neugent Yes Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Heather Carruthers A Signed this :)E COUNTY ROIVED AS 3 PEDRO J. VERCADO ASSISTA day of , 2010 1?-// //j u -1 i .. y CD � r-n • o �rf `Q`^^ C+1 0 DEPUTY CLEPK INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement is made this _ day of , by and between Monroe County , a political subdivision of the State of Florida, (hereafter County) and (hereinafter referred to as the "Contractor "), for services described in Scope of Work, attachment A, and Contractor's proposal, attached hereto and made a part hereof. The parties agree as follows: I. RELATIONSHIP Nothing contained in this Agreement shall be deemed or construed as creating any other business relationship, partnership or joint venture between Contractor and Monroe County Board of County Commissioners /Monroe County Social Services/ Monroe County Weatherization Assistance Program (hereinafter referred to as the "County "). II. SERVICES TO BE PERFORMED Contractor agrees to provide the services listed in the Scope of Work (Attachment A) and in the Contractor's proposal to the satisfaction of the County and in accordance with federal and state regulations for the Weatherization Assistance Program. III. MANNER OF PERFORMANCE Contractor shall properly supervise and direct completion of weatherization measures on all units assigned under this agreement. Contractor shall be solely responsible for coordinating all work conducted under the contract. Contractor shall provide and pay for all labor, materials, equipment, tools, equipment /machinery, transportation, and services necessary for the proper completion of work. Contractor shall comply with all laws, ordinances, rules, regulations and orders of any governmental authority bearing on the performance of the work, including local building codes and permits. Contractor shall be responsible for the acts and omissions of employees and subcontractors. Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by the operation. At completion, Contractor shall remove all waste and surplus materials and rubbish from and about the premises, and if applicable, shall clean all glass surfaces and shall leave the work "broom clean." IV. CONFIDENTIALITY Contractor agrees to keep confidential all client information provided to Contractor and /or employees by County, excepting such information as is already known to the public, and not to release, use, disclose same, directly or indirectly, to any other person or business, except with prior written permission of County. V. NON - EXCLUSIVE RELATIONSHIP 1 EXHIBIT I - I � --A Neither Contractor nor County has an exclusive relationship with the other. Contractor is free to perform the above described services for any other person or business, so long as this does not interfere with Contractor's satisfactory and timely performance of services for County under this Agreement. VI. SUBCONTRACTS Contractor shall not enter into any subcontract with any subcontractor who has been debarred from performing work by any Agency of the United States Government or by the State of Florida. Contractor shall be fully responsible for the acts or omissions of Subcontractors, and of persons either directly or indirectly employed by them. At no time shall any contract or agreement between Contractor and a subcontractor be construed as a relationship, formal or informal, between the subcontractor and County. VII. CONTRACTOR'S GUARANTEE Contractor guarantees all work performed for a period of one (I) year from the date of final acceptance of all work required by the bid proposal. Contractor warrants to the owner and County that all materials and equipment used in the work will be new and free of defects, unless otherwise specified and approved in advance by an authorized representative of County. All manufacturers' and suppliers' written guarantees and warranties covering such materials and equipment shall be furnished to the owner or weatherization household. Contractor agrees to correct any defects due to faulty workmanship, materials or equipment and shall pay for or repair any damage to other work resulting there from for a period of one year from the date of final acceptance of the contract work. VIII. COMMENCEMENT OF WORK Contractor warrants good title to all materials, supplies and equipment incorporated in the work and warrants that it is free from any claims, liens, or charges, and that neither Contractor nor any other person, firm, or corporation, shall have any right to put a lien upon the premises or materials, supplies or equipment. Contractor must contact the homeowner within 7 days of receiving a Notice to Proceed and must complete all work within 30 days of receiving said Notice. Contractor will contact the Weatherization Coordinator upon notice of the event giving rise to the need for additional days beyond 30. Additional days may be granted upon mutual agreement between Contractor and County. IX. PROTECTION OF WORK AND PROPERTY Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work and complying with all applicable laws, ordinances, rules, regulations. Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to (1) all employees on the work site and other affected persons, (2) all work and materials and equipment at the site, and (3) other property at the site. Any damage or loss to any property 2 caused in whole or in part by Contractor, Subcontractor or employees, shall be remedied by Contractor and County shall be held harmless. X. CHANGE ORDERS/WAIVERS Any change orders must be approved in writing by the Owner and occupant if applicable, Contractor, Weatherization Inspector, and Weatherization Coordinator with review and sign off by the Program Director, prior to the commencement of such work. Waivers for any work, as specified by state and federal Weatherization Assistance Program guidelines, must be requested by County in advance and approved by the applicable state agency or DCA prior to commencement of such work. Any change order or work waiver commenced prior to authorization shall be considered unauthorized work and will not be reimbursed by County. If final invoice from Contractor exceeds the Bid Proposal amount, and no change order was approved, the invoice will be approved for only the amount quoted in the Bid Proposal. XI. COMPENSATION Upon completion of the work for each home, Contractor shall submit invoice(s) to County. County's Weatherization Inspector, Contractor, and Owner /Occupant shall inspect, and approve in writing, the work. If satisfactory, the Weatherization Inspector, Weatherization Coordinator, and Program Director shall approve invoice(s) for payment. Payment may be withheld on account of defective work or failure of Contractor to make payments properly for labor, materials, or equipment. Contractor invoices will be processed for reimbursement upon verification that all conditions under the agreement have been met. Payments will be issued in accordance with the Florida Prompt Payment Act upon the satisfactory completion, post inspection, and verification of all billing data by the County. XII. INDEMNIFICATION Contractor agrees to be solely responsible, and shall hold harmless the County, its officers, directors, and employees for any and all claims brought against either Contractor or County, or for liabilities incurred by County as a result of actions or omissions by the Contractor, whether under Workers' Compensation laws, or under any other federal, state, or municipal laws, rules or regulations which may be applicable, or any other set of circumstances not specifically addressed herein. XIII. INSURANCE By the date of the execution of this addendum, Contractor shall procure and maintain for the duration of this addendum, insurance against injuries to persons and damages to property which may arise out of, or in connection with, the performance of the addendum. Contractor shall furnish evidence of Commercial General Liability and Automobile Liability. Contractor shall obtain Pollution Occurrence Insurance if required in the Scope of Work. Contractor shall add County to its policies as an additional insured and shall provide a certificate of insurance and policy endorsement as evidence of coverage. XIV. WORKER'S COMPENSATION 3 Contractor will remain in compliance with the Workers' Compensation laws for the State of Florida through the duration of this Agreement. Contractor shall provide a certificate of insurance or letter of exemption by the date of execution of this addendum. XV. EQUAL EMPLOYMENT OPPORTUNITY Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or nation origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. All advertisement will state that all qualified applicants will receive consideration without regard to their race, color, religion, sex or national origin. XVI. DAVIS -BACON ACT Contractor shall comply with the provisions of the federal Davis -Bacon Act. Contractor shall pay wages to laborers and mechanics at a rate not less than the minimum wages specified in the U.S. Department of Labor, Wage and Hour Division website located at http: / /dol.gov /esawhd/contracts /dbra.htm Wage determinations can be found at http: / /www.wdol.gov Contractor shall be required to pay wages not less than once a week and shall report compliance with the Davis -Bacon Act weekly to County. XVII. COPELAND "ANTI- KICKBACK" ACT Contractor shall comply with the provisions of the federal Copeland "Anti- Kickback" Act and agrees to mandate such compliance by its subcontractors. Contractor or its subcontractors shall not in any way induce an employee to give up any part of the compensation to which he /she is entitled under his/her contract for employment. XVIII. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Contractor shall comply with the provisions of the federal Contract Work Hours and Safety Standards Act. Contractor shall compute wages of every mechanic and laborer on the basis of a standard 40 -hour work week. For work in excess of the standard work week, Contractor shall compensate worker(s) at a rate of not less than 1 1 /z times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Contractor shall not require any laborer or mechanic to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous. XIX. CLEAN AIR/WATER ACT AND FEDERAL WATER POLLUTION CONTROL ACT For contacts of $100,000 or more, Contractor and its subcontractors shall comply with all applicable standard orders or requirements issued under section 306 of the Clean Air Act, Section 508 of the Clean Water Act, and the Federal Water Pollution Control Act. El XX. BYRD ANTI - LOBBYING AMENDMENT For contracts of $100,000 or more, Contractor certifies that he /she will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352. XXI. DISAGREEMENTS AND DISPUTES In the event that either Contractor or County commence an action for damages, injunctive relief, or to enforce the provisions of this Agreement and either party prevails in any such action, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and all costs incurred in connection therewith as determined by the court in any such action. XXII. GOVERNING LAW This Agreement shall be governed in accordance with the laws of the State of Florida, and venue for any action enforcing the terms of this Agreement shall be Monroe County, Florida. XXIII. ASSIGNMENT This Agreement may not be assigned without prior written consent of both parties. This Agreement will be binding upon, and will inure to the benefit of, each party's permitted successors and assigns. XXIV. SEVERABILITY The parties agree that the covenants of this Agreement are severable and that if any single clause or clauses shall be found unenforceable, the entire Agreement shall not fail but shall be construed and enforced without any severed clauses in accordance with the terms of this Agreement. XXV. DURATION AND TERMINATION If Contractor defaults or neglects to carry out any work in accordance with this Agreement or fails to perform or comply with any provision of this Agreement, the County may, after written notice to Contractor, make good such deficiencies and may deduct the cost incurred from the payment due to Contractor and/or County may terminate the contractor's services and take possession of the site and of all materials, equipment, tools and construction equipment, and machinery owned by Contractor, which were purchased with weatherization funds, and may finish the work. If the expense of finishing the work exceeds the unpaid balance to Contractor, Contractor shall be liable for payment of the difference to County. Contractor and County can terminate the services contemplated this Agreement at any time for any reason upon 7 calendar days notice to either party. Contractor shall be required to satisfactorily finish all work in progress prior to termination of the services. Failure to do so by Contractor shall result in forfeiture of payment for any work in progress. 5 XXVII. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS Contractor shall retain records relating to this contract for four years after final payment is made this Agreement. If an audit, litigation, or other action involving the records is started before the end of the four -year period, records must be retained until all issues arising out of the action are resolved, or until the end of the four -year period, whichever is later. County, or any of its authorized representatives, shall have access to Contractor records. XXVIII. PUBLIC ACCESS The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this Agreement; and the County shall have the right to unilaterally terminate Contractor's services upon violation of this provision by Contractor. XXIX. HEADINGS The headings contained in this addendum are for reference purposes only and shall not affect the meaning or interpretation of this addendum. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. IN WITNESS WHEROF, County and Contractor have executed this Independent Contractor Agreement as of the date first written above. WITNESSES MONROE COUNTY STATE OF: COUNTY OF: By: Sheryl Graham Monroe County WAP Administrator CONTRACTOR By: Signature Print Name & Title: I HEREBY CERTIFY that on this day of 20_, before me, an officer duly qualified to take acknowledgments, personally appeared, to me known to be the person described herein and who executed the foregoing instrument and acknowledged before me that he /she executed the same. Driver License shown as identification. SEAL NOTARY PUBLIC SIGNATURE Printed Name of Notary: Commission No.: My Commission Expires: ATTACHMENT A: SCOPE OF WORK 7 All weatherization measures to be provided to homes governed by this addendum must be in accordance with the "Pre -Work Order Agreement ", `Bid Proposal/Job # " and the Weatherization Assistance Program rules and regulations as mandated by the State of Florida, Department of Community Affairs. The following are the procedures for completing the Scope of Work per this Agreement: 1. Contractor shall provide such measures as determined by the Pre -Work Order Agreement and Bid Proposal/Job # provided to Contractor by County. 2. Upon receipt of the Pre -Work Order Agreement, Contractor shall provide County a quote via a bid proposal per home for the cost of completion of weatherization measures as indicated in the Pre -Work Order(s). 3. Contractor shall comply with all laws, ordinances, rules, regulations and orders of any governmental authority bearing on the performance of the work, including local building codes and permits. 4. County's Weatherization Inspector, Weatherization Coordinator, and Program Director shall approve the quotes and issue a Notice to Proceed to Contractor. The Notice to Proceed shall contain the Owner /Occupant name, address and telephone numbers. 5. Contractor shall contact all Owner /Occupants listed in the Notice to Proceed within 7 days of receipt of the Notice and shall complete all work within 30 days of receipt of the notice. Contractor will contact the Weatherization . Coordinator upon notice of the event giving rise to the need for additional days beyond 30. Additional days may be granted upon mutual agreement between Contractor and County. 6. Contractor shall follow the Pre -Work Order as written by County and approved by Owner /Occupant. 7. If Owner /Occupant refuses a measure, Contractor shall contact Weatherization Inspector immediately and the Owner /Occupant and the County will document same in the client's file. If the refusal will cause the County to be in non - compliance, it must be referred to the Weatherization Coordinator and the Program Director who will advise the client that if the measure prevents elimination of air infiltrations, County cannot proceed with weatherizing the home unless the Owner /Occupant approves the measure. To the extent possible, all measures approved for the unit should be reviewed by staff with Owner /Occupant in pre -work phase and approval obtained in writing before commencing work. The only exception would be in the rare case of change orders due to unforeseen conditions as outlined in Bid Proposal Addendum, X., Change Orders/Waivers.