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3rd Modification 02/16/2011DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: February 23, 2011 TO: Sheryl Graham, Director Social Services Department ATTN: Kim Wilkes, Senior Grants Coordinator Social Services Department FROM: Pamela G. Hanco k, . . At the February 5 , 2011, Board of County Commissioner's meetingthe Board ranted approval and authorized execution of the following: g Item C24 Low Income Home Energy Assistance Program Federally Funded Sub grant Agreement Number 11EA-8U-11-54-01-019 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs for the provision of funds to pay electric bills for low income clients. Item C25 Modification #003 to the Weatherization Assistance Program, American ✓Recovery and Reinvestment Act Sub -grant Agreement (ARRA WAP), Contract# 1 OWX-7X-11-54-01-719 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs. Item C26 #003 for the Low Income Home Energy Assistance Program Federally Funded Sub grant Agreement Number 10EA-8F-11-54-01-019 between Monroe County Board of County Commissioners (Community Services/Social Services) and the State of Florida, Department of Community Affairs for the provision of funds to pay electric bills for low income clients. Enclosed are five duplicate originals of each of the above -mentioned, executed on behalf of Monroe County, for your handling. Please be sure to return the fully executed "Clerk's Original" and "Finance's Copy" as soon as possible. Should you have any questions, please do not hesitate to contact our office. cc: County Attorney Financ File Monroe County Clerk's Office ARRA WAP CONTRACT NO.: IOWX-7X-11-54-01-719 MODIFICATION NO.: 003 MODIFICATION OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) WEATHERIZATION ASSISTANCE PROGRAM (WAP) AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ("the Department"), and Monroe County Board of County Commissioners ("Recipient") to modify DCA Contract Number IOWX-7X- 11-54-01-719 ("the Agreement"). WHEREAS, the Department and the Recipient have entered into the Agreement, pursuant to which the Department has provided a grant of $424,517.19 to the Recipient; and WHEREAS, the Parties desire to extend and reinstate the term, increase funding, amend the scope of work and revise county allocations of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated as though it had never expired. 2. Section (3) Period of Agreement is revised as follows: "This Agreement shall begin upon execution by both parties and shall end February 28, 2012, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement." 3. Paragraph (17)(a) Funding/Consideration is hereby modified to read as follows: 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 $936,419.19 subject to the availability of funds. A. $424,517.19 Current FFY 2011-2012 ARRA WAP Contract initial allocation. B. $511,902.00 Increase for FFY 2011-2012 ARRA WAP allocation. ✓4. The Scope of Work and Budget (Attachment A) of this Agreement is hereby replaced with a revised Scope of Work and Budget (Attachment A) attached hereto. V.,'5. The County Allocations (Attachment I) of this Agreement is hereby replaced with a revised County Allocations (Attachment I) attached hereto. 6. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. 7. All provisions not in conflict with this Modification remain in full force and effect, and are to be pefforrped ate' lever specified in the Agreement. -� L IN WITNESS THEREOF, the parties hereto have executed this document as of the dates set out herein; —� "HeatherqarrAers, MayorL Name and le Here) CD sioners STATE OF FLORIDA DEPARTMENT OF COMMUNITYAFFAIIW n � CO O By: 0 -7, Ken Reecy Acting Director, Division of Housing and Community Development Date: February 16. 2011 59-6000749 Federal Identification Number Date: I„ MON90E COUNTY ATT^RN - " tyL CLERK APPAOVED #1 C y .10 DEPU CLF-PK F'EDRO ��+_r, REVISED ATTACHMENT A SCOPE OF WORK AND BUDGET SCOPE OF WORK H. The Recipient WAP Coordinator will coordinate with the Department's field monitor contractor to perform an inspection of 100% of the client files for all completed dwellings to be submitted in a production period. A client file that is not in compliance will not be included in the monthly production report. Non -compliant client files must have corrective action completed and be re -inspected for compliance before being submitted on the monthly report. I. The Recipient WAP Coordinator will coordinate with the Department's field monitor contractor to review for accuracy the Client Intake Form and Building Work Report data that is entered into the agency's monthly reimbursement request via the eGrants reporting system. No request for reimbursement may be submitted until all Client Intake and Building Work Report data has been confirmed for accuracy. J. Based upon an evaluation of the Recipient's December 2010, ARRA WAP Financial Status Report (FSR) and the initial production Goals of its 09 ARRA WAP Agreement, the Recipient has been identified as a "Recipient of concern". Per the 2009-2012 ARRA WAP State Plan, the Recipients minimum available funding allocation is $936,419.19. This Modification provides the balance of that available funding. Therefore, the Recipient must develop an aggressive Production schedule to expend the total amount of funding K. The Recipient will provide per month estimated accelerated Production Goals. The production goal will be the total number of dwellings that are to be weatherized for the Agreement extension period with any current Agreement funding available plus the Modification amount. Calculating production goals: • Subtract the projected January production/costs from the current Agreement balance. Add the remaining amount to the modification amount and divide by the allowable $6,500 per dwelling. • Divide that total by 13 to determine the minimum targeted monthly production. Fill in the below production schedule. February 2011 6 March 2011 _9_ April 2011 _11_ May 2011 June 2011 _11_ July 2011 _11_ August 2011 _11_ 11 September 2011 _11_ October 2011 _11_ November 2011 _11_ December 2011 _11_ January 2012 _12_ February 2012 _12_ Total Production 138 Although the above production goals are based upon the $6,500 per dwelling amount, the overall state average expenditure per dwelling being weatherized is closer to $5, 700. Therefore, the Recipient should take into consideration that in order to expend 100% of funding, it may need to weatherize 10% more dwellings than initially calculated. L. Evaluation of Production: Failure by the Recipient to demonstrate accelerated production based upon the March (due April 5) and May (due June 5) FSR, may result in a reduction of funding and/or the Department seeking additional assistance by another provider for providing services in the Recipients designated service area. However, if the Recipient demonstrates a sustained ability to meet production goals,pdditional funding beyond the ARRA WAP State Plan allocation is available on a first come first served basis. Recipient co a on ceipt: Mayor SIGNATURE TITLE _MON RD OF COUNTY COMMISSIONERS February 16, 2011 RECIPI 41GV 1� �: �/�, DATE #F �lWE 01211 r�r���• MON COUNTY ATTOR EY \ POVDAST '? CL ~gpI) EPK ,i SISTANT COU ATTORNEY _ REVISED ATTACHMENT I COUNTY ALLOCATIONS The financial allocation specified for each county by program is designated to be spent in that county. For recipients of funds designated for more than one county, in the event that circumstances will not allow the full expenditure of any program funds allocated to a particular county, a request to expend any part of those funds in another county must be submitted in writing to the Department. This request must justify the lack of need of program services in that county. Funds may not be expended in another county without prior written approval of the Department. COUNTY Monroe ALLOCATION $936,419.19