Item C31 ' BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 19, 2012 Division: Social Services /County Attorney
Bulk Item: Yes XX No Staff Contact: Sheryl Graham/Pedro Mercado #3470
AGENDA ITEM WORDING: Ratification of Exhibit A to the WAP - LIHEAP resolution which
authorized the Director of Social Services to execute contracts for Weatherization Assistance Program
— Low Income Home Energy Assistance Program (WAP- LIHEAP) work on behalf of Monroe County '
under certain limited circumstances.
ITEM BACKGROUND: At the October 19, 2011 regularly scheduled board meeting the board
approved a resolution authorizing the Director of Social Services to execute contracts on behalf of the
County for WAP - LIHEAP work. The resolution included a sample contractor agreement as Exhibit A
which was inadvertently omitted from the agenda back up.
PREVIOUS RELEVANT BOCC ACTION: Granted the Director of Social Services authority to
execute WAP work contracts at the December 15, 2010 regularly scheduled BOCC meeting. Granted
the Director of Social Services authority to execute WAP - LIHEAP work contracts at the October 19,
2011 regularly scheduled BOCC meeting.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: Up to $8,600/home BUDGETED: Yes _ No —
COST TO COUNTY: N/A SOURCE OF FUND: WAP + WAP- LIHEAP Grant
REVENUE PRODUCING: Yes No AMOUNT PER MONTH
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included XX Not Required
DISPOSITION: AGENDA ITEM # Yld OM-
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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."
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
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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. gov/ dolJtouic/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.
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 l 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
B y:
S ignature
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:
n.JIUO
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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.
R.oution
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e).0 CC101 b/
providing for penalties for violations of this resolution; providing for severability; providing for
the repeal of all resolutions inconsistent herewith; and providing an effective date.
RESOLUTION NO. 292
Said Resolution is incorporated herein by reference.
Item C4 Board granted approval to initiate bid process for the food service contract
currently held by GA Food Service, Inc., which provides food to both the Monroe County
Nutrition Program and Bayshore Manor.
Item C5 Board granted approval and authorized execution of Amendment 001 to the Older
Americans Act (OAA) Contract AA- 1129 between the Alliance for Aging, Inc. (Area Agency
on Aging) and the Monroe County Board of County Commissioners (Social Services /In Home
Services) for fiscal year 1 /1 /11 to 12/31/11.
Item C6 Board granted approval and authorized execution of Amendment 002 to the Older
Americans Act (OAA) Contract AA -1129 between the Alliance for Aging, Inc. (Area Agency on
Aging) and the Monroe County Board of County Commissioners (Social Services /In Home
Services) for fiscal year 1/1/11 to 12/31/11.
Item C7 Board adopted the following Resolution authorizing the Director of Social
Services to execute contracts for Weatherization Assistance Program — Low Income Home
Energy Assistance Program (WAP- LIHEAP) work on behalf of Monroe County under certain
limited circumstances.
RESOLUTION NO. 293-2011
Said Resolution is incorporated herein by reference.
Item C8 Board granted approval and authorized execution of Amendment 003 to the Older
Americans Act (OAA) Contract AA -1129 between the Alliance for Aging, Inc. and Monroe
County Social Services.
Item C9 Board adopted the following various Resolutions for the Transfer of Funds and
Resolutions for the Receipt of Unanticipated Revenue:
Transfer of Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 294
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 295
Said Resolution is incorporated herein by reference.
Amending Resolution No. 254 -2011 (OMB Schedule Item No. 3).
RESOLUTION NO. 296
Said Resolution is incorporated herein by reference.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
< Meeting Date: October 19, 2011 Division: Social Services
Bulk Item: Yes XX No _ Staff Contact Person: Sheryl Graham
AGENDA ITEM WORDING: Approval of resolution authorizing the Director of Social Services to
execute contracts for Weatherization Assistance Program — Low Income Home Energy Assistance
Program (WAP- LIHEAP) work on behalf of Monroe County under certain limited circumstances.
ITEM BACKGROUND: At the December 15, 2010 regularly scheduled board meeting the BOCC
granted the Director of Social Services authority to execute contracts for WAP work on behalf of
Monroe County. The WAP program targeted low income families and individuals and provided
funding for energy efficiency improvements. The work involves inspecting homes for outdated
appliances, leaky windows, etc., and replacing and/or repairing the energy wasting item. The work is
limited in duration and, under the WAP grant, funding for work on any individual home is limited to
$5,600. Because the nature of the work is such that the actual duration of the work itself is rather brief
and can be performed by smaller contractors/contracting companies and in order to ensure efficiency
and prompt payment the board found it to be in the best interest of the County to authorize the Director
of Social Services to execute the WAP contracts. Social Services has now also been awarded additional
grant funding under the WAP- LIHEAP that provides for up to an additional $3,000 to be expended on
. the homes of qualified individuals if the initial $5,600 in WAP funding is expended. Only those
families and individuals who qualified under WAP will be eligible and then only if there is additional
weatherization work that can be performed. As with the WAP, the grant has performance criteria under
which the County has home weatherization production goals. As with WAP, in order to ensure
efficiency, given the monthly production goals and the relatively minor nature of the work, delegating
the execution of the contracts for WAP- LIHEAP work would best serve the interests of the County and
maximize productivity.
PREVIOUS RELEVANT BOCC ACTION:
Granted the Director of Social Services authority to execute WAP work contracts at the December 15,
2010 regularly scheduled BOCC meeting.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: Uo to $5,600/home BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUND: WAP + WAP- LIHEAP Grant
REVENUE PRODUCING: Yes _ No AM UNT PER MONTH
APPROVED BY: County Atty/ OMB/Purchasing Risk Management 0.
DOCUMENTATION: Included XX Not Required ,} 7
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with WAP /LIHEAP (DCA) Contract: # 12LH -9Z-
11- 54-01 -039
Effective Date: 09/09/2011
Expiration Date: 8/05/2012
Contract Purpose/Description: Approval of resolution authorizing the Director of Social Services to execute
contracts for the Weatherization Assistance Program -Low Income Home Energy Assistance Program (WAP-
LIHEAP) work on behalf of Monroe County under certain limited circumstances.
Contract Manager: Sheryl Graham 4510 Social Services/Stop 1
(Name) (Ext.) (Department/Stop #)
For BOCC meeting on 10/19/2011 Agenda Deadline: 10/04/2011
CONTRACT COSTS
Total Dollar Value of Contract: up to $8,600/home Current Year Portion: $_
Budgeted? Yes X No Account Codes: _ 125- 6155712 - -
County Match: NA
Additional Match: 0 _ -
Total Match SO ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salaries, etc)
CONTRACT REVIEW
Changes Date Out
Date Needed �-- Revie er
Division Director / � Yes CNo j� - • 61 1� //
Risk Manag t i C'1 • L . l l Yes g P # _J j e 7.'''
O.M.BJPurc n � 6--1 �
8 Yes No t ab'Gu U 1'0/4I11
County Attorney Yes No See. AT rJ
Comments:
OMB Form Revised 2/27/01 MCP #2
DISPOSITION: AGENDA ITEM #
RESOLUTION NO. - 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- LINEAP) 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,
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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-
Low Income Home Energy Assistance Program (WAP- LIIJEAP) 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 day of 2011.
Mayor Heather Carruthers
Mayor Pro Tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
BY:
Mayor Heather Carruthers
•
Signed this day of , 2011
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,---ASSISTANT NTY ATTORN
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2010 Division: County Attorney
Bulk Item: Yes XX No _.._. Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: Approval of resolution authorizing the Director of Social Services to
execute contracts on behalf of Monroe County under catain fronted circumstances.
ITEM BACKGROUND: The County applied fir and was awarded a state Weatheiiation Assistance
Program (WAP) grant in April 2010. The grant funds are allocated for the purposes of weatherizing the
homes of low income and individuals in order that they may realize an energy cod savings. The
work involves inspecting homes for outdated appliances, leaky windows, etc., and replacing and/or
repairing the energy wasting itan. The work is limited in duration and finding as the grant limits the
amount of work that can be performed on any individual home to 35,600. (A limited amount of
additional work in access of the 35,600 cap can be performed but only by express approval from DCA).
As a result, the nature of the work is such that actual duration of the work itself is rather brief and can
be performed by smaller contractors/contracting companies. The grant also has pafiormance criteria
under which the County has home weathatization production goals. In order to ensure efficiency, given
the monthly production goals and the relatively minor nature of the work, delegating the =anion of
the contracts would beat save the interests ofthe County and maximize productivity.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: S5.600/homq BUDGZTZD: Yes _ No .._
COST TO COUNTY: N/A SOURCE OF FUND: WAP Grant
REVENUE PRODUCING: Yes _ ; AMOUNT PER MONTH
APPROVED BY: County 7 y ` OMB/Purchasing Risk Management
DOCUMLNTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
RESOLUTION NO. - 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 imprc vemeab; and,
WHEREAS, for purposes of clarity and liability it is in the best interest of the County to
enter in to signed contract, 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
{
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(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 day of 2010.
}
Mayor Heather Carruthers
Mayor Pro Tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Heather Carruthers
Signed this day of , 2010
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