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HomeMy WebLinkAbout2006-271 � G 0 ( UTILITY ALLOWANCE SURVEY AND STUDY SERVICES AGREEMENT This Utility Allowance Survey and Study Services Agreement ("Agreement" ) is entered into this V41 k day of August, 2006 , by and between Indian River County, a political subdivision of the State of Florida, 1840 25'h Street, Vero Beach , FL 32960 (" County" ) and The Nelrod Company, a Texas corporation , having a principal place of business at 3109 Lubbock Avenue , Fort Worth , Texas 76109 (" Contractor ' ) . BACKGROUND RECITALS A. The County issued a Request for Proposals for sealed proposals for consulting firms to conduct a utility allowance survey and study for use in the Section 8 Housing Choice Voucher Program setting forth a response date of August 11 , 2006. B . Pursuant to the Request for Proposals , the County' s duly-constituted Contractor Selection Committee received proposals and ranked the firms that responded to the Request for Proposals based on the evaluative criteria set forth in the Request for Proposals. `. C . The Contractor was the highest ranked respondent to the Request for Proposals at the Contractor Selection Committee meeting held on August 15, 2006 . Pursuant to The Code of Indian River County, the County Administrator is authorized to approve the Contractor Selection Committee recommendation to hire Contractor to provide the utility allowance survey and study for use in the Section 8 Housing Choice Voucher Program set forth in the Request for Proposals and this Agreement. D . Contractor is willing and able to perform the services as set forth in this Agreement on the terms and conditions set forth below. E . The County and the Contractor wish to enter into this Agreement for the utility allowance survey and study for use in the Section 8 Housing Choice Voucher Program as set forth below. NOW, THEREFORE, for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged , and intending to be legally bound hereby, the parties hereby agree as follows: 1 . DESCRIPTION OF SERVICES . The services that will be performed by Contractor pursuant to this Agreement are as set forth in Exhibit "A" attached hereto and incorporated herein by this reference in its entirety (" Services" ) . 2 . COMPENSATION . 2 . 1 . The County shall pay to the Contractor a mutually agreed upon not-to-exceed professional fee of $ $2 , 114. 00. 2 . 2 . Proper Invoices shall be submitted to the County's Finance Department in detail sufficient for proper prepayment and post payment audit. All payments for services shall 1 be made to the Contractor by the County in accordance with the Florida Prompt Payment Act (2004), Section 218 . 70, Florida Statutes, et seq . , attached hereto and incorporated herein by this reference in its entirety. 3. INSURANCE: INDEMNIFICATION . 3 . 1 . The Contractor shall not commence to perform the Services under this Agreement until it has obtained all the following insurance required under this Agreement: required workers' compensation , general liability; and professional liability of no less than $ 1 million and non-owners auto insurance, and such certificates of insurance have been approved by the County' s Risk Manager. The cost of such insurance shall be included in the Contractor' s fee. The County, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the County shall provide the Contractor with separate written notice of such adjusted limits and Contractor shall comply within thirty (30) days of receipt thereof. The failure by Contractor to provide such additional coverage may constitute a default by Contractor and shall be grounds for termination of this Agreement by the County. 4. TERM ; TERMINATION . 4. 1 . This Agreement shall remain in effect for a term of 45 days from the date of execution of this Agreement, subject to sooner termination as provided herein . 4. 2 . This Agreement may be terminated : ( a) by the County, for any reason , upon at least thirty (30) days' prior written notice to the Contractor, or ( b) by the Contractor, for any reason , upon at least thirty ( 30) days' prior written notice to the County; or (c) by the mutual agreement of the parties; or d ) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered , or for any act or event occurring prior to the termination , shall not be terminated or released . 4 . 3 . In the event of termination by the County, the County' s sole obligation to the Contractor shall be payment for those portions of satisfactorily completed work under this Agreement. Such payment shall be determined on the basis of the hours of work performed by the Contractor, or the percentage of work complete as estimated by the Contractor and agreed upon by the County up to the time of termination . In the event of such termination , the County may, without penalty or other obligation to the Contractor, elect to employ other persons to perform the same or similar services. 4 . 4. The obligation to provide services under this Agreement may be terminated by either party upon three (3) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 4 . 5 . In the event that the Contractor merges with another company, becomes a subsidiary of, or makes any other substantial change in structure , the County reserves the right to terminate this Agreement in accordance with its terms . 2 4 . 6 . In the event of termination of this Agreement, the Contractor agrees to provide copies of any and all documents prepared by the Contractor for the County in connection with this Agreement. 5. INDEPENDENT CONTRACTOR . It is specifically acknowledged and agreed by the parties hereto that the Contractor is and shall be, in the performance of all Services and activities under this Agreement, an independent contractor, and not an employee , agent, or servant of the County. All persons engaged in any of the Services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Contractor' s sole direction , supervision , and control , The Contractor shall exercise control over the means and manner in which Contractor and its employees perform the Services , and in all respects the Contractor's relationship and the relationship of its employees to the County shall be that of an independent contractor performing solely under the terms of the Agreement and not as employees, agents , or servants of the County. 6 . MERGER: MODIFICATION . This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence , conversations , agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter hereof that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements , whether oral or written . No alteration , change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Contractor and the County. 7 . GOVERNING LAW; VENUE . This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida , or, in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . 8 . REMEDIES : NO WAIVER. All remedies provided in this Agreement shall be deemed cumulative and additional , and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation , or exercise any remedy, does not waive the right to do so in the event of a continuing or subsequent delinquency or default. A party' s waiver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach , default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs . 9. SEVERABILITY. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall , to any extent, be held invalid or unenforceable for the 3 remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10 . AVAILABILITY OF FUNDS . The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11 . NO PLEDGE OF CREDIT. The Contractor shall not pledge the County' s credit or make it a guarantor of payment or surety for any contract, debt, obligation , judgment, lien , or any form of indebtedness. 12 . PUBLIC RECORDS . The Contractor shall comply with the provisions of Chapter 119, Florida Statutes ( Public Records Law) in connection with this Agreement. 13. NOTICES . Any notice , request, demand , consent, approval , or other communication required or permitted by this Agreement shall be given or made in writing and shall be served , as elected by the party giving such notice , by any of the following methods : (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service , or (c) Mailed by registered or certified mail (postage prepaid ) , return receipt requested at the addresses of the parties shown below: County : Indian River County Attn : Mark V. Thomas, Executive Director Indian River County Housing Authority 102820th Place Suite C , Vero Beach , FL 32960 Phone : (772 ) 770-5014 Facsimile: (772 ) 770-5378 Contractor: Attn : Nelson Rodriquez, President/CEO The Nelrod Company 3109 Lubbock Avenue Fort Worth , Texas 76109 Phone: (817 ) 922-9000 ( ext. 103) Facsimile: (817 ) 922-9100 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received , provided , however, that facsimile transmissions received ( i . e. , printed ) after 5: 00 p. m . or on weekends or holidays , will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed . Either party may change its address , for the purposes of this section , by written notice to the other party given in accordance with the provisions of this section . 14. SURVIVAL. Except as otherwise expressly provided herein , each obligation in this Agreement to be performed by Contractor shall survive the termination or expiration of this Agreement. 4 15 . CONSTRUCTION . The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand , limit, or modify the provisions contained in such Sections . All pronouns and any variations thereof shall be deemed to refer to the masculine , feminine or neuter, singular or plural , as the identity of the party or parties may require . The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 16. COUNTERPARTS . This Agreement may be executed in one or more counterparts , each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 17 . GENERAL . The Background Recitals are true and correct and form a material part of this Agreement. IN WITNESS WHEREOF , the County and the Contractor have caused this Agreement to be executed in their respective names as of the date first set forth above . Contractor: INDIAN RIVER COUNTY The Nelrod Company Board of County Commissioners By: Nelson Rodriquez, President/CEO B Jose h A. Baird Witness: County Administrator (sign) . 66�4/� Printed name : Ap o e as to form and legal sufficiency: B Marian E . I , ssistant County Attorney tridianRiverCo.1 ApprovQd 1 Date Administration q u Legal Budget Department Risk Mgt. 5 EXHIBIT A SERVICES TO BE PROVIDED The Contractor will conduct a utility allowance survey and study for Section 8 Units that utilize utility allowances. Utility allowances will be determined using the statistical approach and will be made in accordance with 24 CFR Part 965, Subpart E , Tenant allowances for Utilities. Total Number of Units Units Utilizing Utility Allowances Section 8 Section 8 345 345 A. Collect and Analyze Data The Contractor shall provide adequate survey data to establish allowances for Tenant- Purchased Utilities and for each dwelling unit category and unit size by Municipalities/Towns/Communities. The study shall use an acceptable statistical model and methodology. Necessary adjustments shall be made for climate conditions. The Utility Allowance Survey and Study Shall Analyze and List Utility Allowances By Building Types (Single Family, Flat/Duplex/Rowhouse, High -rise, Garden/Walk-up, Apartment and Townhouse ). The Following Municipalities/Towns/ Communities are Being Served Through The Indian River County Housing Choice Voucher Program : City of Vero Beach Community of Oslo Community of Gifford • Community of Winter Beach • Community of Wabasso • City of Sebastian Community of Roseland • City of Fellsmere • Town of Indian River Shores • Unincorporated areas of Indian River County 1 B . Recommended sources of data shall be , but not limited to : 1 . Consumption information from utility suppliers 2 . Physical inspections of representative units 3. Building Types ( Single Family, Flat/Duplex/Rowhouse, High-rise/ Garden/Walk-up , Apartment and Townhouse C . The study shall be conducted with Section 8 Housing Choice Voucher staff participation . D . The time frame for completing the above services will be no more 30 Days from the date of the Notice to Proceed or contract execution , whichever is sooner and the completed work product shall be submitted within 5 days thereafter 2