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HomeMy WebLinkAbout1999-162Revised June 4, 1999 CRA CONSULTING, INC. STANDARD FORM OF AGREEMENT F&M PROFESSIONAL GRANT PLANNING SERVICES BETWEEN INDIAN RIVER COUNTY AND CRA CONSULTINGy INC. p AGREEMENT FDR GRANT PLANNING SERVICES r+ This Contract is entered into this /s A. of ,:,jrm,, 1999, between the County Commission of Indian River County, Florida, hereinafter referred to as the "County," and CRA Consulting, Inc., 1933 Commonwealth Lane, Tallahassee, Florida 32303, hereinafter referred to as "CRA". The Contract small become effective immediately. WITNESSETH WHEREAS, the County has determined that CRA Consulting, Inc., is fully qualified to perform Grant Planning Services. NOW THEREFORE, THE COUNTY COMMISSION AND CRA DO MUTUALLY AGREE AS FOLLOWS: 1�p�+en nt for Services The County does hereby contract with CRA to perform the services described herein and CRA does hereby agree to perform such services under the terms and conditions set forth in this Contract. (A) Intent of the Contract CRA agrees, under the terms and conditions of this Contract and the applicable federal, state and local laws and regulations, to undertake, perform, and complete the necessary Planning 'Services required to implement and complete the County's project in compliance with applicable laws and regulations. (B) Scope of Services The Scope of Services relevant to the project is included as Attachment ""A" to this agreement. If the Agreement between the County and the Funding agency is amended, the Scope of Work for the project shall be amended to be consistent with the Agreement. A Work Order shall be executed between the County and CRA when the specific design is established. Each Work Order shall be made a part of this Agreement. 11,1ge I P LII. onsiderationr. _and of-Rayn ent y CRA shall be paid by the County for services the sum specified in Attachment i "A". If additional services are requested or required, then the additional services shall be established based on the hourly rates identified in r Attachment "B" IV. P-UbRG Recorsis CRA shall allow public access to all documents, reports, papers, letters or other material, subject to the provision of Chapter 119, Florida Statutes, prepared or received by CRA in conjunction with this Contract. It is expressly understood that upon receipt of substantial evidence of CRA's refusal to comply with this provision, the County will have the right to terminate this Contract for breach. V. Modification of Contrnt Modifications of the provisions of this Contract shall only be valid when they have been reduced to writing, duly signed by the parties hereto, and attached to the original of this Contract. The amount of compensation to be paid to CRA will not be amended without mutual agreement of the County and CRA, formally executed in writing, subject to availability of funds. iii. Taarination (A) This Contract hereunder may be terminated by the written mutual consent of the parties consistent with all state and federal regulations. (B) If CRA shall fail to fulfill in a timely and proper manner its obligations under this Contract, the County shall have the right, without liability, to suspend or terminate this Contract within (10) days after giving written notice to CRA of such suspension or termination and the reason(s)therefore; provided that this provision shall not operate to deprive CRA of entitlement to remuneration only for services and work accomplished in accordance with this Agreement. The County may also require a pro rata repaymont for funds paid to GRA for breach of any part of this Contract. GRA shall not be held liable for failure to perform due to circumstances beyond CRA"s control, such as delays in necessary actions by the property owners or parties performing project activities (e.g., construction contractors, property appraisers, attorneys). The County may not use termination provisions to subvert state or federal regulations concerning procurement of professional services. Page 2 (C) Notwithstanding the above, CRA shall not be relieved of liability to the County by virtue of any breach of contract by CRA. The County may withhold any payments to CRA for purpose of set-off until such time as the amount of damages due the County from CRA is determined, but I no payments shall be unreasonably withheld. (D) If the County shall fail to fulfill in a timely manner its obligations under this Contract CRA may, at its option and without liability, suspend affected services until such time the County remedies the breach. CRA may also, without liability, terminate the affected portion of this Contract for breach within 10 days of giving written notice to the County of such termination and the reason(s) therefore. Neither of these options shall operate to deprive CRA of entitlement to remuneration for services rendered in accordance with this Contract. (E) The County may upon ten (10) days written notice to CRA, actually recelpted by CRA, terminate this contract for convenience. CRA shall,. within ten (10) days of the specified effective date of termination furnish to the County a Statement of all costs accrued but yet unpaid to CRA, and/or a statement of all costs or obligations incurred by CRA before the specified effective date of termination and not reasonably avoidable, and/or damages directly resulting from the said termination. The County shall, as a condition of this contract, pay to CRA the amount(s) so demanded or shall make actual delivery to CRA of its stated reason(s) for non-payment as provided by The Florida Prompt Payment Act, F.S. 218.70. (F) In the event of a dispute between the parties to this contractual agreement requiring one party to institute judicial or administrative or quasi-judicial proceedings against the other, irrespective of whether Termination has been effectuated, the successful party shall be entitled to costs and reasonable attorneys' fees assessable and awardable against the unsuccessful party. Vll. Notice and Contact (A) The County's C ntract Manager for this Contract is: 727. (B) The Representative of CRA responsible for the administration of this Contract is Mr. W. H. Clark, President, CRA Consulting, Inc., 1933 Commonwealth Lane, Tallahassee, Florida, 32303. Yate 3 (C) In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representative will be rendered in writing to the party and said notification attached to the original of this Contract. lull. T -et nand Conditions This Contract contains all the terms and conditions agreed upon by the parties. IX. Qigib ti#y CRA certifies that it is eligible to receive state and federally funded contracts. CRA also certifies that no party which is ineligible for such work will be subcontracted to perform services under this Contract. X. nflict of Interest No member of or Delegate to the Congress of the United States, or Resident Commissioner, and no elected state official or state employee shall share in any proceeds of this Contract, or in any benefit to arise from same. No officer or employee of the local jurisdiction or its designers or agents, no member of the governing body, and no other official of the locality who exercises any function or responsibility with respect to this Contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. XI. Eederal Statutory Requimments When applicable, CRA and the County shall comply with the provisions contained in Attachment C and Attachment D incorporated herein. Page 4 P XII. Records and Audits r• The CONSULTANT shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by the County to assure proper accounting for project funds, both federal and non-federal shares. These records will be made available for audit purposes to the County or any authorized representative, and will be retained for three years after the expiration of this Contract. Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration if the parties mutually agree or in a Florida court of competent jurisdiction. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. CRA CONSULTING, INC. By: Name and Title: Mr-Miatn-H—Clark, Press it Date: Attest: BOARD OF COU14TY COMMISSIONERS INUI N RJVl di COUNTY 1810 25th St., 0teN-158 ^aeh arida 32960 _ FLORIDA LO Name and Title: KENNETH R. MP.CHT CHAIRMAN Date: &02,2�± fu G r' I c c. J is 127 Attest: hMINIfiM C► AWaV*d MI Legal [� t3uuy}e1 Project: Project Budget: Required Services: CRA CONSULTING, INC. County of Indian River County 1999/2000 Neighborhood Revitalization CDBG Program $?50,000 Planninn and Ap lick: $10.00 and future considerations. Services to begin immediately, completion on or before application deadline. Submitted by CRA the day of N1,141,_'1999 J9 W. H. Clark, President Itness VCIAAD OF COUNTY C0N4.i+ sS'-"J JERS Authorized by .lw _'1999 -IVA, e/Title KENNETH R. MACHT CHAI9MAN the 15 rah day of Attest Q'e R—L fli PART I i PLANNING AICD-APPLICA_TION.S_ERVLGE. SCOPE-(" -RK NEIGHBORHOOD REVITALIZATION CDBG t - CRA will provide the following services as required for application of a Neighborhood CDBG. TASK I Prepare the advertisement for and conduct (or assist in conducting) the initial public hearing. Explain purpose and priorities of available programs, and relevant issues. Obtain comments on needs and solutions from local officials and citizens. TASK 2 Advise the local government regarding the establishment of a Citizen Advisory Task Force. Write the citizen participation plan for the grant/loan program, based upon local decisions. TASK3 Meet with the appointed Citizen Advisory Committee to determine specific citizen opinion of priorities for assistance and desired approached. TASKA Conduct a survey of the potential project area(s) identified during the public hearing and other investigation. The survey will identify needs that are eligible for funding, TASK -5 Based upon survey results, County staff and officials recommendations, Citizen Advisory Committee recommendation, and professional judgement, make a preliminary determination of project area boundaries and project scope. TASK fi Obtain basic preliminary designs and cost estimates from Engineer and present then for approval by local officials, as well as relevant persons having authority over the project. TASK T Modify the project if necessary. TAS_K:'U Evaluate the local policies and ordinances relevant to the project. If necessary, recommend modifications and for additions, and advertising. Sample ordinances, resolutions and policies will he provided by CRA, if needed, although r CRA makes no guarantees of legal sufficiency. TASK 9 Obtain relevant local data, such as minority employment. Summarize and report data as required for the application. { Assistance from the local staff will be required to retrieve data. TASKIQ Complete the application forms, providing all required documentation and maps. TASK 11 Develop necessary files of supporting documents. TAS"" Prepare the advertisement for and conduct (or assist in conducting) the final public hearing. Obtain comments and take appropriate actions, present an enabling resolution to the governing body for adoption. TASKS Assemble the application; deliver it to the printer; pick it up; deliver required copies (with required original documents) to the funding agency on or before the application deadline; mail required items to the Regional Planning Council, and other agencies as required, for review. TASK 9-4 if requested, be present during the agency's field review of the project. TASK 15 If appropriate, assist in appealing application score. 111m, i� I ATTACHMENT C EEDERAL PR,O]CL 0-05 1. y[ment -PP-adun ty 1 During the performance of this Contract, the CONSULTANT agrees as follows: a. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non- discrimination clause. b. The CONSULTANT will, in all solicitation or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. C. The CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. d. The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. Pq I e. The CONSULTANT will furnish all information and reports required by Executive Order 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 local government and the Florida or United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the CONSULTANT's non-compliance with the equal opportunity clauses of this Agreement or with any of such rules, regulations or orders, this Agreement may be canceled, terminated or suspended in whole or in part and the CONSULTANT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The CONSULTANT will include the provisions of paragraphs (a) through (g) in every subcontract or purchase Order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the local governing authority(s) representative may direct as a means of enforcing such provisions including sanction for non- compliance: Provided, however, that in the event the CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the County, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 2. Gjl_Rights Act of -1.9G4 Under Title CJI of the Civil lights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 3. SerUonMl9szf the BoA s -arL mmunity_DevWopnimLAcIQLt97A No person in the United States shall on the grounds of race, calor, national } origin, or sex be excluded from participation in, be denied the benefits of, or { be subjected to discrimination under any program or activity funded in whole or in part with funds made available under Title I of tate Housing and Community Development Act. 4. pcti ii-aLCompiiance itlt e Provision of T-r-uining,_Employmetit,_attd Susi.noas flPporiunities a. The words to be performed under this Contract is assisted by direct federal assistance from the U.S. Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 19513, as amended, 12 U.S.C. 170. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for words in + connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this Contract will comply with the provisions of said Section 3 and regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The CONSULTANT will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.. 4� d. The CONSULTANT will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract f upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, CFR Part 135. The CONSULTANT will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of this Contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 5. Conflicts with Other Claus If this contract contains any clauses which conflict with the above clauses, then this contract will be governed by the clause(s) in this section. I ATTACHMENT D SECTION 3 AND AEFJRMATIVEAC-TJON- LAN 1. CRA will solicit and evaluate applications for employment in a manner that is non-discriminatory based upon age, race, sex, national origin, ethnic background, and handicap status. 2. When training and/or employment opportunity arises in connection with. this project, CRA will provide maximum opportunity to residents of the jurisdiction. Employment opportunity will be locally advertised in manner that will insure that potentially eligible applicants are 1) made aware of the opportunity, and 2) provided a convenient way to apply for employment. Special consideration will be given to qualified applicants who are lower income residents, members of a minority race or ethnic group, or female. 3. During this project, CRA will seek to purchase necessary goods and/or services from businesses that are located in, or owned by persons residing in the jurisdiction. 4. CRA will utilize the HUD and Florida lists of minority businesses in filling subcontracting and/or purchasing needs. 5. CRA will include applicable equal opportunity provisions in subcontracts issued in connection with this project. 6. CRA shall publicize and post this policy in a conspicuous place available to employees and applicants for employment and training. 7. CRA is under no contractual or other disability which would prevent compliance with this policy.