1st Modification 08/07/2014 ORIGINAL
ncLet2K's Copy
WAP FULLY Q�`tytJj;rAL AGREEMENT NO: 14WX-0G-11-54-01-039
EXECUTED MODIFICATION NO: 001
MODIFICATION NUMBER ONE OF AGREEMENT BETWEEN THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY WEATHERIZATION ASSISTANCE PROGRAM
AND THE
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
This Modification Number One is made and entered into by and between the State of Florida,
Department of Economic Opportunity ("DEO" or the "Department'), and Monroe County Board of
County Commissioners ("Recipient"), to modify the Department Agreement Number 14WX-0G-11-54-
01-039 ("the Agreement").
WHEREAS, Section(4) of the Agreement provides that modification of the Agreement shall be in
writing executed by the Parties thereto;and
WHEREAS,the Parties wish to modify the Agreement as set forth herein;
NOW,THEREFORE, in consideration of the mutual covenants and obligations set forth herein,
the receipt and sufficiency of which are hereby acknowledged,the Parties agree to the following:
1. Section (18), FUNDING/CONSIDERATION is hereby amended to add the following:
(e) Recipient and its subcontractors may only expend funding under this Agreement for
allowable costs resulting from obligations incurred during the Agreement period.
(f) Recipient shall refund to DEO any balance of unobligated funds which has been advanced or
paid to Recipient.
(g) Recipient shall refund to DEO all funds paid in excess of the amount to which Recipient or its
subcontractors are entitled under the terms and conditions of the Agreement.
2. Section (5), RECORDKEEPING is hereby amended to add the following:
(h) Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor
General of the State of Florida, the Florida Office of Program Policy Analysis and Government
Accountability, or representatives of the federal government and their duly authorized
representatives shall have access to any of Recipient's books, documents, papers, and records,
including electronic storage media, as they may relate to this Contract, for the purposes of
conducting audits or examinations or making excerpts or transcriptions.
(i) Recipient will provide a financial and compliance audit to DEO, if applicable,and ensure that
all related party transactions are disclosed to the auditor.
3. Section(5)(b), is hereby modified to add the following:
4. Recipient shall cooperate with DEO to facilitate the duplication and transfer of such records or
documents upon request of DEO. Additional federal requirements may be identified in
Attachment 1,Scope of Work, of this Agreement.
WAP AGREEMENT NO: 14WX-0G-11-54-01-039
MODIFICATION NO: 001
4. Section(20)(f), is hereby modified to add the following:
Recipient affirms that it is aware of the provisions of Section 287.133(2)(a), Fla. Stat., and that at
no time has Recipient been convicted of a Public Entity Crime. Recipient agrees that it shall not
violate such law and further acknowledges and agrees that any conviction during the term of
this Agreement may result in the termination of this Agreement in accordance with Section
287.133(4), Fla.Stat.
5. Section (20)(1),is hereby replaced with the following:
Recipient shall include the requirements of Section 5, RECORDKEEPING and Section 7, AUDIT
REQUIREMENTS in all approved subcontracts and assignments.
6. The following is added as Section (25), EMPLOYMENT ELIGIBILITY VERIFICATION:
1. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO
contracts in excess of nominal value to expressly require Recipient to:
a. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by Recipient during the Agreement
term;and,
b. Include in all subcontracts under this Agreement, the requirement that subcontractors
performing work or providing services pursuant to this Agreement utilize the E-Verify
system to verify the employment eligibility of all new employees hired by the
subcontractors during the term of the subcontract.
2. E-Verify is an Internet-based system that allows an employer, using information reported on
an employee's Form 1-9, Employment Eligibility Verification,to determine the eligibility of all
new employees hired to work in the United States after the effective date of the required
Memorandum of Understanding (MOW; the responsibilities and elections of federal
Recipients, however, may vary, as stated in Article II.D.1.c. Of the MOU. There is no charge
to employers to use E-Verify. The Department of Homeland Security's E-Verify system can
be found at:
http://www.dhs.gov/files/programs/gc 1185221678150.shtm
3. If Recipient does not have an E-Verify MOU in effect, Recipient must enroll in the E-Verify
system prior to hiring any new employee after the effective date of this Agreement.
7. The following provision is added as Section (26), DISCRIMINATORY VENDOR:
Recipient affirms that it is aware of the provisions of Section 287.134(2)(a), Fla.Stat.,and that at
no time has Recipient been placed on the Discriminatory Vendor List. Recipient further agrees
that it shall not violate such law during the term of this Agreement.
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• WAP AGREEMENT NO: 14WX-OG-11-54.01-039
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MODIFICATION NO: 001
8. The following provision is added as Section (27), FINANCIAL CONSEQUENCES:
If the Recipient provides services to any client more than 180 days after receipt of the client
application,without recertification of the client's income eligibility,the Recipient shall be
assessed a financial consequence in the amount of one percent(1%)of the total amount of
weatherization services provided to the ineligible client's dwelling unit
9. 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.
10. All provisions not in conflict with this Modification remain in full force and effect, and are to be
performed at the level specified in the Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this document as of the dates set out
herein.
RECIPIENT STATE OF FLORIDA
Monroe Co my Board Department of o c Opportunity
of Cou ommiss'
B y:
J. y o Irla William B. Killings rth
4Nime and Title ere) Director, Divisin Community Development
Date: AIAl�ILS+ 7 It, olOIQ Date: c/ 4.-4_/
car — re at,o149
Federal Identification Number
Approved as to form and legal sufficiency,subject
only to full and proper execution by the parties.
M ROE COON RNEY
Office of the General Counsel P ROVED RM
Departm nt ofEcc omit Opportunity
Approved Date: d'�27/A, ASSISTAw1 'Ouw i 1 ' 11��/qN,1E/Y
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Agreement Modification
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