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Item C07BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 09/ 17/2014 Bulk Item: Yes X No _ Division: Social Services Department Social Services Staff Contact Person/Phone #: AGENDA ITEM WORDING: Approval of Modification 4002 to the Federally Funded. Weatherization Assistance Program (WAP), grant Agreement # 14WX-OG-11-54-01-039 between Monroe County Board of County Commissioners (Monroe County Social Services) and the State of Florida, Department of Economic Opportunity. ITEM BACKGROUND: As required by the Department of Economic Opportunity, there are a number of training activities to be attended by our staff, the trainings include: Quality Control Inspection (QCI), NEAT and MHEA, Priority List, ASHRAE, SWS/Field Guide and revised Policies and Procedures. To cover the cost the associated costs of these trainings, additional funding provided in this modification will be utilized to cover the costs incurred for participation in these activities. PREVIOUS RELEVANT BOCC ACTION: Prior approval granted by the BOCC on 7/19/14 of modification #001 to the Weatherization Assistance Program sub -grant Agreement #14WX-OG-I1-54- 01-039. CONTRACT/AGREEMENT CHANGES: The contract will increase by $7,707.00 from the original amount of $11,819.00 to the modified amount of $19,526.00 and revisions to the following attachments; Attachment A, pages 21 — 23 and Attachment I, page 36. STAFF RECOMMENDATIONS: Approval TOTAL COST: $19 526.00 BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY:= FUNDS SOURCE OF FUNDS: GRANT REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised T09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: WAP (DEO) Contract: # 14WX- OG-11-54-01-039 Effective Date: 9/17/2014 Expiration Date: 2/211/2015 Contract Purpose/Description: Approval of Modification 002 to the current Weatherization Assistance Program (WAP) federally funded Sub -grant Agreement Number 14WX-OG-11-54-01-039 between Monroe County Board of County Commissioners and the State of Florida, Department of Economic Opportunity, (DEO). Contract Manager: Sheryl Graham 292- 4510 Social Services/Stop I (Name), (Ext.) (Department/Stop #) t For BOCC meeting on 9/17/2014 Agenda Deadline: 9/2/2014 CONTRACT COSTS Total Dollar Value of Contract: $19,526.00 Current Year Portion: $_ Budgeted? Yes No Account Codes: 125-6155714 - - County Match: NA - - - - Additional Match: 0 - - - - Total Match $0 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salaries, etc) CONTRACT REVIEW D to In Changes Needed �� Date Out Division Director # ! € Yes D No eview r _ t Risk Management Yes No ij O.M.B./Purchasing 7 If Yes No J County Attorney I Yes No' Comments: OMB Form Revised 2/27/01 MCP #2 WAP AGREEMENT NO: 14WX-OG-11-54-01-039 rTV 4 TMODIFICATION NO: 002 MODIFICATION NUMBER TWO OF AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY WEATHERIZATION ASSISTANCE PROGRAM AND THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Modification Number Two 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-OG-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: a) 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 $19,526.00, subject to the availability of funds and appropriate budget authority. $11,819.00 Current FFY 2013-2014 WAP Agreement allocation. 7 707.00 Increase for FFY 2013-2014 WAP Agreement allocation. 2. Attachment A- Budget, Budget Detail, and Schedule of Deliverables, is hereby replaced with Revised Attachment A- Budget, Budget Detail, and Schedule of Deliverables, which is attached hereto and incorporated by reference. 3. Attachment 1, County Allocation(s), is hereby replaced with Revised Attachment I, County Allocation(s), which is attached hereto and incorporated by reference. 4. 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 September 1, 2014. 5. 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. Remainder of Page Intentionally Left Blank Agreement Modification Page 1 of 2 BAM AGREEMENT NO: I4VVX{]G-11-54-01-039 MODIFICATION NO: 002 IN WITNESS WHEREOF, the Parties hereto have executed this document as of the dates set out herein. RECIPIENT Monroe County Board of County Commissioners By: Sylvia Murphy, MAYOR (Name and Title Here) Date: 5 9-6000749 Federal Identification Number STATE OFFLORIDA Department of Economic Opportunity By: VNUiano B. 0Uiogsvvorth Director, Division of Community Development Date: Approved astoform and legal sufficiency, subject only tofull and proper execution bythe parties. Office nfthe General Counsel Department ofEconomic Opportunity Approved Date: Agreement Modification AE�CABO 2014 WAP AGREEMENT ATTACHMENT A (Continued) REVISED SCOPE OF WORK BUDGET Agreement Number: 14WX-OG-11-54-01-039 I j WEATHERIZATION ASSISTANCE PROGRAM TOTAL AGREEMENT AMOUNT 19 526.00 BUDGETE AMOUNTS WEATHERIZATION SERVICES Cost of allowable materials and labor to weatherize a dwelling. a) Materials $ 4,430.63 b) Labor $ 2,953.75 Subtotal: $ 7,384.38 $ 7,384.38 Number of dwellings to be weatherized: 1 PROGRAM SUPPORT (PS) 2 All allowable subgrantee activities required to coordinate and ensure compliance of providing weatherization services as identified in the Budget Detail within Attachment A in this Agreement. Upon termination of this Agreement, the total of PS cannot exceed 30% of the total of material and labor costs. $ 2,215.32 3' Per -dwelling expenditure limit: Applicable amount of funding to be expended on a dwelling (material, labor and PS) cannot exceed $6,904 and all costs/expenditures must be eligible actual costs that are sufficiently documented. HEALTH & SAFETY (H&S) 4. Limited to $600 per dwelling and not included in the dwelling cap of $6,904. $ 600.00 DIRECT CHARGED LINE ITEMS 5. Comprehensive Annual Audit (applicable % of cost for WAP only). $ 0.00 6. Training & Technical Assistance (DEO pre -approved activities only). $ 6,000.00 6. (b) Equipment (DEO pre -approved purchases only). $ 0.00 7. Liability- (the `% to cover WAP) & Pollution Occurrence Insurance (required). $ 1,750.00 8. Subtotal of Sections 1, 2, 4, 5, 6, 6(b) and 7. $ 17,949.70 ADMINISTRATION (Admin) 9, All alloxvable administrative level activities required to implement the program `salaries including fringe; rent; utilities, etc.) Total cannot exceed 5 °Jo of the total Agreement amount and all eligible j costs/expenditures must be sufficiently- documented. _ _- S976.30 10. j TOTAL OF ALL BUDGETED AMOUNTS $ 19,526.00 (TOTAL BUDGETED AMOUNT CANNOT EXCEED TOTAL AGREEMENT AMOUNT) 2014 WAP AGREEMENT ATTACHMENT A (Continued) REVISED SCOPE OF WORK BUDGET DETAIL Agreement Number: 14WX-0G-11-54-01-039 Program Support Budget Amount 1. Compensation of emplo\-ees exclusively involved in WAP. j 0 i j 2. Compensation of employees involved in WAP and other funding sources. 7 2,120.32 3. Advertising and Public Relation Costs. 0 4. Communication costs for employees directly involved in yY-AP. S 95.00 5. Interest on debt incurred to acquire WAP assets. 0 6. Maintenance and repair of WAP buildings (or designated ZX'AP space) and equipment. 0 7. Materials and supplies used for WAP (other than Direct Materials on FSR). 0 8. Publication and printing costs used for WAR 0 9. Recruiting costs for direct WAP personnel. 0 10. Facility Costs. 0 11. Transportation Costs for WAP services. 0 12. Travel costs for y&"AP services. 0 13. Training costs for WAP (Not on FSR). 0 14. Insurance and Indemnification - (that is not reported on Line 7 of the FSR). 0 15. Depreciation and Use Allowance of WAP Building and Equipment 0 16. Other — a list of items and corresponding costs must be submitted with Budget Detail. 0 Total (Enter this amount in line #2 of Budget): S2,215.32 Administration Budget Amount 1. Compensation of Executive i%lanagement and Finance and Reporting Personnel. 2. Compensation of employees involved in WAP and other funding sources. S 976.30 3. Communication costs for employees exclusively involved in WAP. 4. Depreciation and use allowances (building, general furniture and equipment). 5. Cost of Property Insurance. 6. Other - a list of items and corresponding costs must be submitted with Budget Detail. Total (Enter this amount in line #9 of Budget): � 976.30 2014 WAP AGREEMENT ATTACHMENT A (Continued) SCOPE OF WORK SCHEDULE OF DELIVERABLES Agreement Number: 14WX-0G-11-54-01-039 The total estimated production goal will be the number of dwellings that are anticipated to be weatherized for the entire Agreement period. To support this production total, complete the below per month estimated production goals. If the Recipient will be requesting an advance in this :agreement, it should take into consideration the number of dwellings that twill be required to weatherize in the initial and in following months to meet the advance expenditure requirement throughout the Agreement period as outlined in Attachment E of the Agreement. Suggested process for calculating production goals: a) Subtract the projected Direct Charge Line Items and Administrative costs totals as listed in the BUDGET, from the total Agreement amount. This is the amount of funding available to be applied to weatherizing dwellings (material, labor and Program Support activities). Agreement Amount: Direct Charges: Administration: Weatherization Amount: $_19,526.00 ($_7,750.00 ) ($_976.30 ) $_10,799.70 b) Divide the Weatherization Amount by the maximum per dwelling expenditure amount of $6,904. Weatherization Amount $_10,799.70, / *904 = Estimated Total Production _1 c) Estimate the amount of Health & Safety to be expended on the total number of dwellings: $600 d) Subtract the Health & Safety amount (c) from the Weatherization Amount (a): $_10,199.70 e) Divide the reduced Weatherization Amount (d) by $6,904 to determine total estimated production: _1 f) Complete the below estimated monthly production. March 2014 July 2014 April 2014 August 2014 November 2014 _ 1_ December 2014 May 2014 September 2014 January 2015 June 2014 October 2014 February 2015 Total _1 2014 WAP AGREEMENT ATTACHMENT I REVISED COUNTY ALLOCATION(S) Agreement Number: 14WX-OG-11-54-01-039 The financial allocation specified for each county by program is designated to be spent in that county. For multi - county service area Recipients, 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 DEO. 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 DEQ. COUNTY ALLOCATION AMOUNT Monroe $13,526.00 AGREEMENT NO: 14WX-OG-11-54-01-039 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-OG-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-OG-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 DEC) 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 (MOU); 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. 1,reement Modification Pattie 2 of 3 WAP AGREEMENT NO: 14WX-OG-11-54-01-039 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 Monroe County Board of County Coma} . ners ' l i Ivy' P� t f , W-1 , or (Name and Tit16 Here) Date: AiLUv btd-� 59 6000-i4q Federal Identification Number STATE OF FLORIDA Department of Economic Opportunity s NV N6 By: T�� AT n William B. Killingsworthf Director, Division of Community Development Date: Approved as to form and legal sufficiency, subject only to full and proper execution by the parties. Office of the General Counsel Department of Economic Opportunity In lt7reement lloditicatiotI Pa,e 3 of 3