HomeMy WebLinkAbout2014-054014 /1.5714
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AMENDED GENERAL ADMINISTRATION CONTRACT
This Amended General Administration Contract entered into as of this 15 day
of Apri 1 , 2014, by and between Fred Fox Enterprises, Incorporated, hereinafter
referred to as the Administrator and the Indian River County Board of County
Commissioners, hereinafter referred to as the Local Government.
WITNESSETH THIS RECITAL:
WHEREAS, the Local Government was awarded a $4,680,825.00
N eighborhood Stabilization Program 1 (NSP1) Community Development Block
Grant (CDBG) (Contract # 10DB-4X-10-40-01-F 13) from the Florida
D epartment of Community Affairs (DCA), now known as the Florida
D epartment of Economic Opportunity (DEO), which provides for the purchase,
rehabilitation administration, sale, and/or lease of foreclosed housing units to
eligible very low, low and moderate income families; and
WHEREAS, on March 3, 2009 Local Government entered into a
$200,000 Contract with the Administrator to carry out specific activities to
administer Local Government's NSP1 contract with DEO in accordance with
applicable notices, regulations and guidance from DEO; and
WHEREAS, the fee for service within the contract was negotiated based
on services for the original NSP1 contract between the Florida Department of
Community Affairs (DCA) and Indian River County in the amount of
$4,680,825.00; and
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WHEREAS, since entering into the grant administration contract, the
Local Government generated an additional $1,695,639.41 in Program Income
(PI) funds above and beyond the original DEO grant award of $4,680,825.00
from the re -sale of twenty seven (27) previously foreclosed housing units; and
WHEREAS, DEO had originally advised Local Government that these PI
funds were required to be returned to DEO for redistribution to eligible
communities at a later date, therefore, the PI funds were not originally included
as part of Administrators contract; and
WHEREAS, DEO later revised its position on PI funds and allowed the
Local Government to retain and use all of the PI funds it received to continue
eligible NSP1 activities; and
WHEREAS, with the assistance of the Administrator, the Local
Government used over $1.69 million in Program Income funds to purchase,
renovate and sell or lease twelve (12) additional housing units; and
WHEREAS, the Local Government and the Administrator mutually agree
to significant changes to the March 3, 2009 Contract to recognize the additional
work the Administrator completed using the additional and unanticipated $1.69
million in PI funds.
NOW, THEREFORE, in consideration of the mutual promises and
covenants, the parties agree to the following Amended Contract:
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ARTICLE 1
A. GENERAL ADMINISTRATION
SCOPE OF THE SERVICES OF THE ADMINISTRATOR
The Administrator shall provide the services as detailed in Exhibit "A".
ARTICLE 2
A. GENERAL ADMINISTRATION
LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to this contract is detailed in
Exhibit "A".
ARTICLE 3
PERIOD OF PERFORMANCE
The period of performance under this Project began on March 3, 2009 and
shall be completed upon final completion of the County's Florida Community
Development Block Grant Neighborhood Stabilization Program project and the
issuance of a "Notice of Administrative Closeout" for the project by the Florida
Department of Economic Opportunity.
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ARTICLE 4
COMPENSATION
The Local Governmenfagrees to pay, from the funding set forth in Article
Sixteen (16) herein, the Administrator in the following manner:
Compensation for the Administrator, as detailed in the Cost Summary for
Negotiated Contracts (page 22), shall be the total sum of up to Two Hundred and
Thirty Five Thousand Dollars ($235,000). This includes an original negotiated
contract price of Two Hundred Thousand Dollars ($200,000) payable for grant
administration services tied to the County's original base grant from DEO of
Four Million Six Hundred Eighty Thousand Eight Hundred and Twenty Five
Dollars ($4,680,825.00) plus up to Thirty Five Thousand Dollars ($35,000) for
grant administration services associated with the County's approximately $1.69
million in PI funds. It is recognized that payment of the additional Thirty Five
Thousand Dollars ($35,000) is justified by the basis provided on page 23 of this
contract and that payment of this amount is dependent upon the availability of
NSP funds through Administrative closeout of the grant after all County
expenses are paid (reimbursed by DEO). In no case shall total payments to grant
administrator be less than Two Hundred Thousand Dollars ($200,000) or more
than Two Hundred and Thirty Five Thousand Dollars ($235,000).
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To date, the Administrator has invoiced the County for and received
payment for One Hundred and Fifty Thousand Dollars ($150,000) out of the
original Two Hundred Thousand Dollars ($200,000) contract amount. Upon
execution of this amended agreement, the Administrator may invoice the County
and receive payment from the County for Thirty Five Thousand Dollars
($35,000). This will bring total payments to the Administrator. to One Hundred
and Eighty Five Thousand Dollars ($185,000). The balance of up to Fifty
Thousand Dollars ($50,000) will be paid upon the issuance of a "Notice of
Administrative Closeout" for the project by the Florida Department of Economic
Opportunity or as otherwise directed by DEO as part of the grant closeout
procedures.
upon issuance of a "Notice of Administrative Closeout" for the project by
the Florida Department of Economic Opportunity or as otherwise directed by
DEO
All requests for payment shall be submitted by the Administrator in detail
sufficient for a proper pre -audit and post -audit review.
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ARTICLE 5
CITIZEN PARTICIPATION
It is understood between the parties that both the local Government and
the Administrator shall encourage continuous participation in the Project by the
citizens of the area. It is further understood that both the Local Government and
the Administrator shall be responsible for adequate advertising of the Project. It
is understood that funds for such advertising shall be paid from grant funds.
ARTICLE 6
LOCAL GOVERNMENT CONTACT PERSON
The contact person who will represent the Local Government in all matters
pertaining to the Project shall be the Community Development Director, or his
designee.
ARTICLE 7
EXCLUSIVE REPRESENTATION
It is understood between the parties that a representative of the Local
Government and a representative of Fred Fox Enterprises, Incorporated, will
represent this Project before any and all DEO or HUD meetings.
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ARTICLE 8
CONFLICT OF INTEREST
The Local Government, having been so advised by the Administrator, does
hereby recognize that the Administrator has provided similar area services in the
past to local governments and to area governmental bodies and may be so
engaged in similar projects at this time or in the future, and the parties agree that
administration of these projects by the Administrator does not .constitute a
conflict of interest with the Project.
ARTICLE 9
SOCIAL SECURITY
The Local Government is not liable for Social Security contributions
pursuant to Section 481, 42 U.S. Code, relative to the compensation of the
Administrator or any other participants during the period of this contract.
ARTICLE 10
CONTRACT AMENDMENT
The terms and conditions of this contract may be changed at any time by
mutual agreement of the parties hereto. All such changes shall be incorporated
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as written amendments to this contract.
ARTICLE 11
TERMINATION
Termination (cause and/or Convenience)
(a) This contract may be terminated in whole or in part in writing by either
party in the event of substantial failure by the other to fulfill its obligations under
this contract, provided that no termination may be effected unless the other party
is given (1) not less than ten (10) calendar days written notice (delivered by hand
or by certified mail, return receipt requested) of intent to terminate and (2) an
opportunity for consultation with the terminating party during said 10 day
period prior to termination.
(b) This contract may be terminated in whole or in part in writing by the
Local Government for its convenience, provided that the other party is afforded
the same notice and consultation opportunity specified in 11(a) above.
(c) If termination for default is effected by the Local Government, an
equitable adjustment in the price for this contract shall be made, but (1) no
amount shall be allowed for anticipated profit on unperformed services or other
work, and (2) any payment due to the Administrator at the time of termination
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may be adjusted to cover any additional costs to the Local Government because
of the Administrator's default.
If termination for convenience is effected by the Local Government, the
equitable adjustment shall provide for payment to the Administrator for services
rendered and expenses incurred prior to receipt of the notice of intent to
terminate, in addition to termination settlement costs reasonably incurred by the
Administrator relating to commitments (e.g., suppliers, subcontractors) which
had become firm prior to receipt of the notice of intent to terminate, if any, and
upon proper documentation submittal.
(d) Upon receipt of a termination action under paragraphs (a) or (b) above,
the Administrator shall (1) promptly discontinue all affected work (unless the
notice directs otherwise) and (2) deliver or otherwise make available to the
Local Government all data, drawings, reports, specifications, summaries and
other such information, as may have been accumulated by the Administrator in
performing this contract, whether completed or in process.
(e) Upon termination, the Local Government may take over the work and
award another party a contract to complete the work described in this contract.
(f) If, after termination for failure of the Administrator to fulfill contractual
obligations, it is determined that the Administrator had not failed to fulfill
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contractual obligations, the termination shall be deemed to have been for the
convenience of the Local Government. In such event, adjustment of the contract
price shall be made as provided in paragraph (c) above.
ARTICLE 12
EQUAL OPPORTUNITY
The Administrator warrants that there shall be no discrimination against
employees, applicants for employment, those to whom services are rendered, and
applicants for such services under this contract because of race, color, age, sex,
religion, national origin, place of birth, ancestry, handicap, or familial status.
During the performance of the functions described herein, the
Administrator agrees to the following conditions pertaining to the recognition
and protection of the civil rights of employees, applicants for employment, those
to whom services are rendered, and applicants for such services:
1. The Administrator will comply with the provisions of Title VI of the
Civil Rights Act of 1964, P L 88-352, as amended, and rules and regulations
published pursuant thereto, all of which are made a part hereof as if fully
incorporated herein;
2. The Administrator will comply with the provisions of Presidential
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Executive Order Number 11246 of September 24, 1965, as amended, Title 3,
Code of Federal Regulations, Chapter 4, which is made a part hereof as if fully
incorporated herein, the provisions of Section 204 of which executive order must
be set forth verbatim, to wit: During the performance of this contract, the
Administrator agree as follows: The Administrator will not discriminate against
any employee or applicant for employment because of race, color, age, sex,
religion, national origin, place of birth, ancestry, handicap, or familial status.
Such action shall include, but not limited to the following: employment,
upgrading, demotion, transfer, recruitment, termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. The
Administrator agrees to post in conspicuous place, available to employees and
applicants for employment, notice to be provided by the contracting officer
setting for the provisions of the non-discrimination clause.
3. The Administrator will, in all solicitations or advertisements for
employees placed by or on behalf of the county, state that all qualified applicants
will receive consideration for employment without regard to race, color, age, sex,
religion, national origin, place of birth, ancestry, handicap, or familial status.
4. The Administrator will send to each labor union or representative or
workers with which he has a collective bargaining agreement or other contract or
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understanding, a notice, to be provided by the agency contracting officer
advising the labor union or worker's representative of the contractor's
commitments under Section 204 of Executive Order Number 11246 of
September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
5. The Administrator will comply with all provisions of Executive Order
Number 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
6. The Administrator will furnish all information and reports required by
Executive Order Number 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the contracting agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
7. In the event of the Administrator non-compliance with the
non-discrimination clauses of this contract or with such rules, regulations, or
orders, this contract may be cancelled, terminated, or suspended in whole or in
part and the contractor may be declared ineligible for further government
contracts in accordance with procedures authorized in Executive Order Number
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11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order Number 11246, of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
8. The Administrator will include the provisions of paragraphs one (1)
through seven (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the secretary of Labor issued to Section 204 of
Executive Order Number 11246 of September 24, 1965, so that such provisions
will be binding upon subcontractors or vendors. The Administrator will take
such action with respect to any subcontract or purchase order as the contracting
agency may direct as a means of enforcing such provisions including sanctions
for non-compliance; provided however, that in the event the Administrator
become involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the Administrator
may request the United States to enter into such litigation to protect the interest
of the United States.
9. The Administrator shall not discriminate in solicitations or
advertisements for employees placed by and on behalf of the contractor or
against any employee or applicant for employment because of race, color, age,
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sex, religion, national origin, place of birth, ancestry, handicap, or familial status.
ARTICLE 13
HUD/DEO AUDITS
If HUD or DEO finds that any sums received by the Administrator are
unreasonable, then those sums shall be refunded by the Administrator to the
Local Government as required by 24 C.F.R., Section 570.200. The
Administrator agrees to reimburse to the Local Government any funds expended
for transactions approved by the Administrator which are disallowed by the
Florida Community Development Agency (F.C.D.A.), DEO, HUD, or other
applicable oversight agency due to the malfeasance, misfeasance, or nonfeasance
of the Administrator. All records will be made available to the Local
Government's auditors at their request as pre -audit and post -audit requirements.
ARTICLE 14
ADMINISTRATOR'S NOTICE
REGARDING ENGINEER OR ARCHITECT
It is understood between the Local Government and the Administrator that the
Administrator will not be responsible for any Federal, State, or Local
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requirements that must be completed and supervised by an engineer and/or
architect.
ARTICLE 15
ADMINISTRATORS NOTICE
REGARDING LEGAL FEES AND AUDITS
It is understood between the Local Government and the Administrator that
the Administrator will not be responsible for legal or audit costs associated with
this project.
ARTICLE 16
SOURCE OF FUNDING
The sole source of payment for this contract is the funding received
through the DEO NSP C.D.B.G. program and/or portion of any other funding
grants leveraged from it.
ARTICLE 17
REMEDIES
Unless otherwise provided in this contract, all claims, counter claims,
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disputes and other matters in question between the Local Government and the
Administrator, arising out of or relating to this contract, or the breach of it, will
be decided by the appropriate court in Indian River County, Florida.
ARTICLE 18
ACCESS TO RECORDS
The Local Government, the Florida Department of Economic Opportunity,
the U.S. Department of Housing and Urban Development, the Comptroller
General of the United States, and any of their duly authorized representatives
shall have access to any books, documents, papers, and records of the
Administrator which are directly pertinent to this contract for the purpose of
making audit, examination, excerpts, and transcriptions.
ARTICLE 19
RETENTION OF RECORDS
The Administrator shall retain all records relating to this contract for six
(6) years following the final closeout of the project by DEO
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ARTICLE 20
ENVIRONMENTAL COMPLIANCE
Whereas this contract exceeds $100,000, the Administrator shall comply
with all applicable standards, orders, or requirements issued under section 306 of
the Clean Air Act (42 U.S.C. 1857 (h), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection
Agency regulations (40 C.F.R. Part 15). The Administrator shall include this
clause in any subcontracts over $100,000.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals:
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B OARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY
(L
L GOVERNMENT)
Peter D. O'Bryan, Indian Rive 'f ounty Board of County Commissioners
Chairman
D ATE APPROVED BY THE BOARD OF COUNTY
COMMISSIONERS: Apri 1 1 5 2014
ATTEST BY:
•
a it, Dec .
1/466, Jeffrey R. Smith, Clerk
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APP t 0 , ED • S T AND LEGAL SUFFICIENCY
ylan Reingold, County Attorney
FRED FOX ENTERPRISES, INCORPORATED (ADMINISTRATOR)
B Y: '`cv, C/ -
Fred D. Fox, President
WITNESS
BY: .02e
Signature
BY: Heli 65a_ 0 . Foy
Printed Name of Witness
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SWORN STATEMENT UNDER SECTION 287.133(3)(a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICE AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with the General Administration Agreement for
Fred Fox, Inc., and Indian River County.
2. This sworn statement is submitted by Fred Fox Enterprises, Inc. whose business
address is 26 Spanish Street, St. Augustine, Florida 32084, and (if applicable) its
Federal Employer Identification Number (FEIN) is 59-2443697.
3. My name is Fred D. Fox, and my relationship to the entity named above is
President of the Corporation.
4. I understand that a "Public Entity Crime" as defined in Paragraph 287.133(1)(g),
Florida Statutes, means a violation of any state or federal law by a person with respect
to and directly related to the transactions of business with any public entity or with an
agency or political subdivision of any other state of with the United States, including,
but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other stat or of the United States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph
287 133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public
entity crime, with or without adjudication of guilt, in any federal or state trial court of
record relating to charges brought by indictment or information after July 1, 1989, as a
result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a),
Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime,
or
2 An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity
crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in
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the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of
equipment or income among person when not for fair market value under an
arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into anoint venture with a
person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services let by a public entity,
or which otherwise transacts or applies to transact business with a public entity. The
term "person" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies.)
XX Neither the entity .submitting this sworn statement, nor any officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in management of the entity, nor any affiliate of the entity have been charged
with and convicted of a public entity crime subsequent to July, 1, 1989.
The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders employees, members, or agents who are
active in management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July 1, 1989, AND (Please
indicate which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final order
entered by the hearing officer did not place the person or affiliate on the convicted
vendor list. (Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has
been a subsequent proceeding before a hearing officer of the State of Florida, Division
of Administrative Hearings. The final order entered by the hearing officer determined
that it
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was in the public interest to remove the person or affiliate from the convicted vendor
list. (Please attach a copy of the final order.)
The person or affiliate has not between placed on the convicted vendor list
(Please describe any action taken by or pending with the Department of General
Services.)
STATE OF FLORIDA
COUNTY OF PUTNAM
Fred D. Fox (Signature)
Date: y/ %O�
PERSONALLY APPEARED BEFORE ME, the undersigned authority, Fred D. Fox, who,
after first being sworn
Aprilme, affixed his signature in the space provided above on this rithday of
Apr I , 2014.
My Commission Expires:
NOTARY PUBLIC
�i
MELISSA N. FOX
MY COMMISSION # EE 223972
EXPIRES: October 28, 2016
Bonded Thnt Notary Public Underwriters
F:\Community Development\CDBG\2008 NSP\Contracts\Grant AdministrationWmendment #1 \Proposed Amended NSP General Admin Contract V3.doc
21
COST SUMMARY FOR NEGOTIA TED CONTRACTS
GRANTEE•
GRANT NUMBER•
Indian River County
N AME AND ADDRESS:
OF CONTRACTOR:
Fred Fox Enterprises, Inc.
26 Spanish Street
P. O. Box 1047
St Augustine, Florida 32085-1047
D ATE OF PROPOSAL: March 6, 2014
TYPE OF SERVICE TO
B E FURNISHED• CDBG Grant Administration
COST SUMMARY:
DIRECT LABOR• Estimated hrs x hrly rate = estimated cost
Consultant/Director 600 hrs x ,100. = 8 60, 000.00
Proiect Manager 450 hrs x $ 75. _ $ 33, 750.00
Grants Compliance Manager 500 hrs x $75. _ $ 37,500.00
Grants Compliance Asst/ Review Specialist 250 hrs x $60. _ $ 15,000.00
Environmental Specialist
Clerical Support
125 hrs x $60. = S 7,500.00
100 hrs x $40. _ $ 4.000.00
DIRECT LABOR TOTAL• $ 157,750.00
INDIRECT COSTS: Fringes, G & A, etc., rate x base = cost
Fringes 35% x 157, 750.00 = $ 55,212.50
INDIRECT COST TOTAL: $ 46,812.50
OTHER INDIRECT COST: describe
N/A
OTHER INDIRECT COST: $ 0. 00
TOTAL ESTIMATED COST: $212,962.50
PROFIT: $ 22, 037.50
TOTAL PRICE: $235,000.00
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Basis for estimating additional hours/work performed
In February 2009, Fred Fox Enterprises, Inc. entered into a contract with Indian River
County, in the amount of two hundred thousand dollars ($200,000.00) to carry out the
administration of Indian River County's NSP -1 program, the fee which was negotiated for
the administration of the original NSP -1 contract between the Florida Department of
Community Affairs (DCA) and Indian River County in the amount of $4 680,825.00. At
that time, DCA, the state agency overseeing the program, had advised the County that all
program income would be returned to DCA for redistribution to all eligible communities at
a later date. The administration of any Program Income received by the County in the
NSP -1 project was not included in the County's original administrative contract with Fred
Fox Enterprises. In March 2010, DCA revised their position concerning program income
and advised all recipients, including Indian River County; program income could be
retained by the County and expended on NSP eligible activities. Based upon the County's
NSP -1 financials, to date, Indian River County has received $1,695,639.41 in program
income from the sale of twenty-seven (27) housing units. Of that amount, $1,683,923.76
has been expended. The County has utilized the program income funds to purchase,
renovate and sell or lease twelve (12) additional housing units.
The acquisition, renovation and sale or rental of each of these twelve (12) additional
housing units acquired by Indian River County utilizing NSP -1 program income funding
required Fred Fox Enterprises, Inc. to complete the following for each additional property:
• Prepare a 'Site Specific Environmental Review" for each of the twelve (12)
additional properties and submit the "Site Specific Environmental Review' to
DCA or the Department of Economic Opportunity (DEO) for approval;
• Keep a separate set of financial records for the expenditures for each of the twelve
(12) additional properties;
• Review and approve the contractor's payment request for inclusion of all required
forms for twelve (12) additional properties;
• Prepare the contract packages for the resale of nine (9) additional resale properties;
• Perform two sets of annual inspections on three (3) additional rental properties;
• Review tenant eligibility on three (3) additional rental properties; and
• Incorporate the twelve additional properties in the monthly, semi-annual and
annual reports for the program required by the state.
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EXHIBIT "A"
PART 1
SCOPE OF SERVICES
This Scope of Services was developed and included in the original
Neighborhood Stabilization Program 1 (NSP1) Community Development Block
Grant (CDBG) General Administration Contract executed on March 3, 2009.
Because the NSP1 CDBG activities are nearing completion, it is recognized that
many of the services listed in this Scope of Services have been completed. Only
those services that are still applicable apply going forward with this amended
contract.
A. GENERAL ADMINISTRATION
The Administrator shall provide the following GENERAL
ADMINISTRATIVE services for this project;
1. Coordinate, monitor, and evaluate the direct costs of the overall
program, including but not limited to the multiple activities outlined in the
subsections of the contract below.
2. Provide program information and materials, and technical assistance
to the public, including all community organizations. Publish applicable notices,
and conduct applicable hearings to encourage citizen participation.
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3. Respond to all citizen questions and complaints concerning the project
in a timely manor.
4. Establish and maintain general and related files as required by the
Department of Economic Opportunity (DEO).
5. Prepare required Environmental Reviews, including the Public
Notices and the "Request for Release of Funds".
6. Review and determine if professional services contracts and
sub -recipient agreements are consistent with OMB Circular A-102.
7. Provide technical assistance to the Local Government in procuring
professional service contracts.
8. Establish and maintain bookkeeping systems that are acceptable to
both the Florida Department of Economic Opportunity and The Auditor General's
Office.
9. Monitor and provide technical assistance to nonprofit housing
organizations which partner with the county on the Project, including monitoring
and providing technical assistance in the purchase and rehabilitation of foreclosed
properties for re -sale to income eligible households; the purchase and rehabilitation
of foreclosed properties for renting to income eligible households; the purchase of
land and property; the demolition or rehabilitation of abandoned properties; the
provision of principal reduction assistance to low -to moderate -income
2
homebuyers; and the creation of "land banks" to assemble, temporarily manage,
and dispose of vacant land for the purpose of stabilizing neighborhoods,
encouraging re-use or redevelopment of property in regard to all HUD and DEO
regulations, and preparing all necessary and all requested responses to inquiries
from Local, State, and Federal governmental units.
10. Evaluate the various subsections of the Project according to HUD and
DEO regulations and prepare all final reports to HUD and DEO
11. Provide all reports relating to the Project as required by the Florida
Department of Economic Opportunity.
12. Prepare adequate advertising regarding all aspects of the Project to
ensure active citizen participation, including but not limited to the environmental
aspects of the project.
13. Complete the work anticipated to be outlined in the Community
Development Block Grant — Neighborhood Stabilization Program contract between
Indian River County and DEO That contract will be finalized upon the County
successfully applying for and obtaining NSP CDBG funds.
14. Provide monthly progress reports to the Local Government in
sufficient
detail to indicate accomplishments and tasks completed.
15. Provide additional progress reports to the Local Government if
3
requested.
16. Attend all meetings related to implementation of the CDBG NSP,
including but not limited to, public hearings, staff meetings, public informational
meetings, etc.
17. Prepare all required or requested program amendments. This will
include preparing advertisements, conducting required public hearings and
updating Environmental Reviews.
18. Prepare the County's NSP application.
19. Prepare sub-recipient agreements between the County and
non-profit housing organizations.
20. Develop Request for Qualifications (RFQ) for:
a. Non-profit housing organization partners;
b. Property Appraisers;
c. Contractors;
d. Surveyors;
e. Realtors;
f. Engineers;
g. Title Companies
h. Home counselors; and
i. Other Applicable Service Providers.
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B. PROPERTY ACQUISITION
SCOPE OF SERVICES OF THE ADMINISTRATOR
The Administrator shall provide the following services for the property
acquisition subsection included in this project:
1. Prepare and coordinate the publication of Public Notices to solicit
e ligible properties for acquisition.
2. Prepare and distribute informational packages to local lending
institutions and other entities that own properties located within the selected target
areas soliciting for properties that are eligible for acquisition under the NSP
program.
3. Compile a list of properties that are located within the selected target
area and are available for acquisition through the NSP program.
4. Work with the County and the selected non-profit housing
o rganization partners to compile a list of NSP eligible properties.
5. Coordinate the process of obtaining appraisals on properties that the
Nonprofit Housing Organizations are considering purchasing.
6. Negotiate acceptable option contracts for the purchase of NSP
e ligible properties that Nonprofit Housing Organizations are interested in
purchasing.
7. Work with the County to carry out due diligence prior to the purchase
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of all properties. Carrying out the due diligence shall include, but not be limited
to:
a. Obtaining surveys of properties, including flood plain elevation
information, if applicable;
b. Obtaining phase one environmental assessments of properties
utilizing qualified firms;
c. Verifying that the current zoning classification of properties is
compatible with the intended use of the properties;
d. Obtaining title searches on properties and verifying the ability to
obtain title insurance;
e. Insuring there are no existing hens or judgments filed against
properties;
f. Carrying out rehabilitation inspections and developing cost
estimates of repairs that need to be completed prior to occupying
properties;
g. Completing property specific HUD Environmental Reviews;
8. Coordinate closings on the properties;
9. Ensure that all requirements of the Federal Uniform Relocation Act
(URA) associated with the acquisition of properties are followed; and
10. Develop professional service contracts that are consistent with OMB
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Circular A-102 Attachment 0 and any other regulations from any other agencies
as may be required for the following professionals:
a. Property Appraisers;
b. Surveyors;
c. Realtors;
d. Title Companies
e. Engineers;
f. Other Applicable Service Providers.
11. Provide technical assistance to the County in procuring professional
service providers.
12. Review and approve all payment requests to ensure the payments are
appropriate and that proper documentation is included.
13. Coordinate, monitor, and evaluate the direct cost of the property
acquisition activity in the contract.
14. Establish and maintain adequate bookkeeping systems for this
subsection of the project.
15. Evaluate this subsection according to HUD and DEO regulations
and prepare all reports to HUD and DEO
16. Establish and maintain property acquisition files that are acceptable to
HUD and DEO
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17. Monitor contractor performance and compliance with contract
requirements.
18. Establish procedures relating to the procurement and implementation
of contractual services, all pursuant to HUD and DEO requirements and
regulations.
19. Attend all HUD and DEO monitorings and prepare the County's
response(s) to HUD and DEO monitoring letters.
C. DEMOLITION SERVICES
SCOPE OF SERVICES OF THE ADMINISTRATOR(S)
The Administrator(s) shall provide the following services for the demolition
subsection of this project:
1. Implement the Project according to the activities in the County's NSP
CDBG application and NSP Plan.
2. Maintain a public relations program regarding the demolition aspects
of the project. The public relations. program shall consist of informing the owners
of properties adjacent to a property that contains a building to be demolished of the
County's intent to demolish the structure and the intended use of the property after
the demolition is completed.
3. Develop and maintain a schedule of services regarding various aspects
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of the demolition subsection of the Project. This will include the development of a
plan to maintain the property while it remains vacant.
4. Maintain a list of properties where the demolition may be utilized.
5. Establish and maintain files on the demolition aspects of the Project,
including individual sites.
6. Compile and develop progress reports and monitoring reports per
HUD and DEO regulations and maintain central files on same.
7. Implement the demolition aspects of the Project per the instructions of
the County.
8. Develop technical specifications and bid document forms for the
demolition and clearance of project sites.
9. Inspect the project sites to confirm completion per the demolition and
site bid specifications.
10. Represent the Local Government before any Local, State, or Federal
board meeting regarding the demolition aspects of the Project.
D. REHABILITATION SERVICES
SCOPE OF SERVICES OF THE ADMINISTRATOR(S)
The Administrator(s) shall provide the following services related to the
rehabilitation of the properties acquired as part of the NSP program:
1. Establish and maintain files on the general rehabilitation aspects of the
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project for use by the Local Government and interested citizens.
2. Develop rehabilitation contract forms and contracting procedures
acceptable to the County, HUD and DEO
3. Establish and maintain required bookkeeping records relating to all
aspects of the contractor's billing process.
4. Compile and correlate progress reports for the County and notify the
County of the availability of the same.
5. Compile and correlate progress reports on the Rehabilitation Activity
per any HUD or DEO reporting requirements.
6. Prepare an RFQ to identify and pre -qualify contractors to work with
the County's CDBG — NSP.
7. Advise the County as to the progress of the Project and indicate any
areas of concern and assist the County in developing solutions to any such
problems.
8. Represent the County before any necessary boards or review meetings
related to the Rehabilitation Activity.
9. Work with the County to develop and maintain proper and acceptable
bookkeeping methods and necessary records in relation to the Rehabilitation
Activity according to the standards of HUD and/or DEO
10. Coordinate, monitor, and evaluate the direct cost of the
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Rehabilitation activity in the contract.
11. Evaluate this subsection according to HUD and DEO regulations and
prepare all reports to the Department.
13. Monitor contractor performance and compliance with contract
requirements.
14 Establish procedures relating to the procurement and implementation
of contractual services, . all pursuant to HUD and DEO requirements and
regulations.
15. Be present at all HUD and DEO monitoring and prepare the
County's response(s) to HUD and DEO monitoring letters.
Project Delivery Services:
The following are defined as project delivery services by DEO and are not
included in this contract. They will be carried out by others unless they are
incorporated by change order into this administrative contract:
1. Inspect the housing units proposed for acquisition with NSP funding
for the purpose of developing work write-ups and cost estimates for the
rehabilitation work to be completed on the units.
2. Develop detailed work write-up reports and cost estimates on the
housing units that are to be rehabilitated as part of the NSP Project.
•
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3. Coordinate and conduct pre-bid walkthroughs of the housing units by
the contractors.
4. Identify work items associated with the rehabilitation bidding process.
5. Provide the County with recommendations of award for the
rehabilitation bids received.
6. Complete contracts for the units to be rehabilitated or replaced.
7. Conduct pre -construction conferences and contract signings for the
units being rehabilitated. Complete, have executed, and record "Notices of
Commencement".
8. Record Deeds, Notes and Mortgages after execution.
9. Implement inspection procedures to be utilized during the
rehabilitation stage of the project.
10. Organize and maintain appropriate records regarding inspections
carriedout during the rehabilitation stage of the project.
•
11. Inspect housing units and verify contractors' invoices at each draw as
well as completion of the rehabilitation project. Obtain "Release of Liens" from
contractors and sub -contractors prior to approving all draw requests.
E. CLIENT SELECTION AND PROPERTY DISPOSITION SERVICES
SCOPE OF SERVICES OF THE ADMINISTRATOR(S)
The Administrator(s) shall provide the following services related to the
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selection and qualifying of clients and the sale and/or rental of the properties
included in the County's NSP program:
1. Work with the County and the non-profit housing organization
partners to disseminate information to the general public regarding the program,
including the application procedure for the individuals or families wishing to
participate in the NSP project.
2. Work with the County and the non-profit housing organization
partners to develop application procedures and forms for prospective applicants.
•
3. Work with the County and the non-profit housing organization
partners to accept and process applications from prospective applicants.
4. Work with the County's non-profit housing organization partners to
verify the eligibility of prospective applicants as to income per requirements of
HUD and DEO keeping within the requirements of the Privacy Act.
to:
PART 2
A. GENERAL ADMINISTRATION
LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to this subsection shall be
1. Instruct the personnel of the Local Government to cooperate and assist
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the Administrator in the execution of the necessary financial data and procedures
in order to comply with all HUD and/or DEO requirements.
2. Provide assistance in implementation of contractual services necessary to
complete the Project per the requirements of any and all HUD or DEO
requirements.
3 Establish and maintain rapport with individual citizens and community
groups regarding the Project.
4. Assist the Administrator in negotiations necessary for all subsections of
the Project.
5. Review and implement all contracts necessary to ensure efficient progress
of the Project.
B. PROPERTY ACQUISITION
LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to this subsection shall be
to:
1. Assist the Administrator by placing at its disposal all available
information pertinent to the sites being considered for inclusion in the Project,
including ownership data and any other data relative to the housing units that are
being considered for acquisition under the NSP Program.
2. Furnish the Administrator, when available, reports regarding property,
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boundary, right -of way, zoning, comprehensive plan concurrency, building
permits, flood plain elevations, which the Administrator may rely on in performing
its services.
3. Assist the Administrator in obtaining right -of entry and release of
liability forms from property owners.
4. Designate a member of the Local Government who will act as a contact
person with the Administrator to facilitate and transmit instructions, receive
information, and generally assist the Administrator as may be necessary. The Local
Government shall submit the contact person's name to the Administrator within ten
(10) days of the signing of the contract.
5. Give prompt notice to the Administrator whenever the Local Government
observes or otherwise becomes aware of any defects or problems with the Project.
6. Inform the Administrator of all meetings relevant to the NSP project
involving non-profit housing organization partners, property appraisers,
contractors, surveyors, realtors, home counselors, and other applicable service
providers.
C. DEMOLITION SERVICES
LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to this subsection shall be:
1. Provide assistance in implementation of contractual services
necessary to the Project per the requirements of any and all Local, State, and
15
Federal Requirements.
2. Establish and maintain rapport with individual citizens and
community groups regarding aspects of this subsection of the Project.
3. Assist the Administrator(s) in negotiations of right -of -entry and
release of liability aspects of this subsection of the Project.
4. Review and implement all contracts as deemed necessary by the Local
Government to ensure efficient progress of the Project.
5. Provide any additional information as deemed necessary by the Local
Government to the Administrator(s) which will help complete the demolition
aspect of the Project and allow for summary and closure of demolition files.
D. REHABILITATION SERVICES
LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to this subsection shall be:
1. Assist the Administrator(s) by placing at its disposal all available
information pertinent to the properties proposed for rehabilitation in the Project
including previous building permit information and any other data relative to
design and construction of the Project.
2. Attempt to make provisions for the Administrator(s) to enter onto
public and private lands as required to perform the rehabilitation services included
in this Project.
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3. Designate a member of the Local Government who will act as a
contact person with the Administrator(s) so as to facilitate and transmit
instructions, receive information, and generally assist the administrator with the
rehabilitation activity included in this project as may be necessary.
4. Give prompt notice to Administrator(s) whenever the Local
Government observes or otherwise becomes aware of any defects or problems with
the Project.
E. CLIENT SELECTION AND PROPERTY DISPOSITION SERVICES
LOCAL GOVERNMENT'S RESPONSIBILITY
The Local Government's responsibility in regard to this subsection shall be:
1. Assist the Administrator by placing at its disposal all available
information pertinent to the non-profit housing organization partners, including
information on previous projects carried out by the organization and any other data
relative to administration of the Project.
2. Work with the Administrator and the non-profit housing organizations
to solicit potential clients, qualify potential clients, obtain Board of County
Commissioners approval of potential clients, ensure that no potential conflicts of
interest exist in relation to potential clients, coordinate client education courses that
are required to meet the NSP program requirements and other relative services that
may be required by the Administrator to carry out the project.
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3. Work with the Administrator and the non-profit housing organizations
to facilitate the disposition of the dwelling units which are being sold by the non-
profit housing organizations to qualified buyers.
4. Designate a member of the County who will act as a contact person
with the Administrator(s) so as to facilitate and transmit instructions, receive
information, and generally assist as may be necessary.
5. Give prompt notice to Administrator(s) whenever the Local
Government observes or otherwise becomes aware of any defects or problems with
the Project.
F:\Community Development\CDBG\2008 NSP\Contracts\Grant Administration\Amendment #1\Appendix A Amended and Restated.doc
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