Resolution 293-2011 RESOLUTION NO. 293 - 2011
A RESOLUTION AUTHORIZING THE MONROE COUNTY
DIRECTOR OF SOCIAL SERVICES AS THE
WEATHERIZATION ASSISTANCE PROGRAM (WAP) AND -THE
WEATHERIZATION ASSISTANCE PROGRAM -LOW INCOME
HOME ENERGY ASSISTANCE PROGRAM (WAP - LIHEAP)
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 the Director of the Social
Services Department has, by resolution 467 -2010 been authorized to execute contracts for WAP
work on behalf of Monroe County; and,
WHEREAS, subsequent to the Monroe County Social Services Department applying for
and being awarded a state grant under the Weatherization Assistance Program (WAP), Monroe
County has also been awarded the Weatherization Assistance Program -Low Income Home
Energy Assistance Program (WAP - LIHEAP) grant; and,
WHEREAS, the WAP and WAP - LIHEAP programs are 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) and the Weatherization Assistance
Program -Low Income Home Energy Assistance Program (WAP - LIHEAP), 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 the Weatherization Assistance Program-
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Low Income Home Energy Assistance Program (WAP - LIHEAP) provides for up to an additional
$3,000 once the initial $5,600 in WAP funds have been allocated; 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, the County previously authorized the Director of Social Services to
enter into contracts for WAP work on the County's behalf and, for the same reasons, it would be
in the County's best interest to authorize the Director of Social Services to execute contracts for
Weatherization Assistance Program -Low Income Home Energy Assistance Program (WAP -
LIHEAP) work in addition to Weatherization Assistance Program (WAP) 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 and the Weatherization Assistance Program -Low Income Home Energy
Assistance Program (WAP - LIHEAP) when the following conditions are present:
(a) An individual or family has applied for and qualified for assistance under the WAP
and the WAP - LIHEAP programs.
(b) The Monroe County Social Services department has bid out the WAP and WAP -
LIHEAP work in accordance with County purchase policy and procedures.
(c) The work is awarded to the lowest qualified bidder
(d) The initial WAP estimate exceeds $5,600 and the awardee qualifies for additional
WAP - LIHEAP funding of up to $3,000.
(e) 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 19th day of October 2011.
Board ratified Exhibit A to the Resolution at its January 19, 2012 BOCC meeting.
Mayor Heather Carruthers Yes
Mayor Pro Tem David Rice Yes
Commissioner Kim Wigington Yes
Commissioner George Neugent Yes
Commissioner Sylvia Murphy Yes
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BOARD OF COUNTY COMMISSIONERS m
OF MONROE COUNTY, FLORIDA vo CD
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Mayor Heather Carruthers f � `� CLERK
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Signed this day of , 2011
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EXHIBIT A
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 (Name of Contractor) (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 and/or WAP-LIHEAP 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 and/or WAP-
LIHEAP 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."
[V. 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
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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
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 (1) 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 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
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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
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 and/or WAP-
LIHEAP Program guidelines, must be requested by County in advance and approved by the
applicable state agency or DEO 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 agreement, Contractor shall procure and maintain for the
duration of this agreement, insurance against injuries to persons and damages to property which
may arise out of, or in connection with, the performance of the agreement. Contractor shall
furnish evidence of Commercial General Liability and Automobile Liability. Contractor shall
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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
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 agreement.
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://www.dol.Qov/dol/topic/wages/minimumwage.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.
XV III. 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 'h 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.
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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.
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 and/or
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WAP-LIHEAP 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. .
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 agreement are for reference purposes only and shall not affect
the meaning or interpretation of this agreement.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEROF, County and Contractor have executed this Independent Contractor
Agreement as of the date first written above.
WITNESSES
MONROE COUNTY
By:
Sheryl Graham
Monroe County WAP Administrator
Monroe County WAP-LIHEAP Administrator
CONTRACTOR
By:
Signature
Print Name &Title:
STATE OF:
COUNTY OF:
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:
M.OlU1l1
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ATTACHMENT A: SCOPE OF WORK
All weatherization measures to be provided to homes governed by this agreement must be in
accordance with the "Pre-Work Order Agreement", "Bid Proposal/Job# " and the
Weatherization Assistance Program and/or WAP-LIHEAP rules and regulations as mandated
by the State of Florida, Department of Economic Opportunity. 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.
Re.OI I11011
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