Loading...
HomeMy WebLinkAbout1999-162ARevised June 7, 1999 CRA CONSULTING, INC. STANDARD FORM OF AGREEMENT FOR PROFESSIONAL GRANT ADMINISTRATION SERVICES BETWEEN INDIAN RIVER COUNTY "-►ll CRA CONSULTING, INC. ATTAeH14E#a 2 AGREEMENTFOR ADMINISTRATION SERVICES This Contract is entered into this 6 day of ---1 1999, between the County Commission of Indian River County, Florida, he inafter referred to as the "County," and CRA Consulting, Inc., 1933 Commonwealth Lane, Tallahassee, Florida 32303, hereinafter referred to as "CRA". The Contract shall become effective immediately. WITNESSETH WHEREAS, the County has determined that CRA Consulting, Inc., is fully qualified to perform Administration Services. NOW THEREFORE, THE County COMMISSION AND CRA DO MUTUALLY AGREE AS FOLLOWS: Cove ant -for S.er_ [c -es 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. It. Avail.abAty-o FurWs Payment of funds pursuant to this Contract is subject to and conditioned upon the release of authorized appropriations from the Funding agency. CRA shall be paid in accordance with Section IV of 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 Administration Services required to implement and complete the County's project in compliance with applicable laws and regulations. !',1ge l 01 some of somas rho some of sw"Ces leftow l to Fre prvrtt is � x Aitadv"ent 'A' to Vw agreerrisnt if Vw r*igreerr will,, betwwn the C'.aurft"the Funding agency is amended, ttte Scope of Work for the propL1 shall be anwvded to be consistent stent with the Agreement. A Work larder shall be executed between the County and CRA when the *efioc Ri+e%wgn is established. Each Work Order shall be made a part of this Agrpement. IV Consideration and Method of Payment (A) Amount of Consideration CRA shall be paid by the County for Administration Services the sum specified in Attachment "A". If additional services are requested or required, then the additional services shall be established based on the hourly rates identified in Attachment "B". Additional services shall include additional project management due to construction delays beyond the construction contract period. The liquidated fees clause established in the construction contract will be utilized to pay for the additional services caused by the construction delays. (B) Method of Payment CRA will submit a monthly or other appropriate periodic invoice specifying accomplishments toward meeting the Administration Services as specified in the Attachment "A". The invoice shall be submitted to the County for review and approval. Payment will be made pursuant to the Florida Prompt Payment Act, F.S. 218.70, subject to availability of project funds. V Public Records 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 feceived by CRA in conjunction with this Contract. It is expressly undendood that upon receipt of substantial evidence of CRA's refusal to oorroy with this pronasion. he County will have the rKjhl to terminate this Conow for be" r R ft r rA SltbonfraM f " (A) If CRA subcontracts any of the work required under this Contract, CRR { agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Contract with the County. (B) CRA agrees to include in the subcontract that the subcontractor shall hold the County and CRA harmless against all claims of whatever nature by the subcontractor arising out of the subcontractor's performance of work under this Contract, other than claims for payment for services performed. VII. tract Modifications 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. VIII. Terminatio (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 (1 Q) 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 repayment for funds paid to CRA for breach of any hart of this Contract. CRA 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. (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 r no payments shall be unreasonably withheld. (D) If the County shall fail to fulfill in a timely manner its obligations under this Contract, CRR 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. L. . (t=) The County may upon ten (10) days written notice to CRA, actually receipted 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 CRR, 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. IX, blvlice_and_Contact (A) The County's Contract Manager for this Contract is: 7(?0— .�L in • h'°'� (B) The Representative of CRA responsible for the administration of this Contract is Mr. W. 11. Clark, President, CRA Consulting, Inc., 1933 Commonwealth Lane, Tallahassee, Florida, 32393. (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 ]'age 4 F, notification attached to the original of this Contract. X. Terms and Conditions This Contract contains all the terms and conditions agreed upon by the + parties. XI. W]2iAty. CRA certifies that it is eligible to receive state and federally funded contracts. GRA also certifies that no party which is ineligible for such work will be subcontracted to perform services under this Contract. XII. C_otlfiict 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. XIII. F.e1.e3L,Sta ory Requirements When applicable, CRA and the County shall comply with the provisions contained in Attachment C and Attachment D incorporated herein. XIV, Rece.rs:15-and-edits 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. Page 5 I 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. If this contract exceeds $100,000, CRA will require that the Engineer 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 (33U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). The Engineer shall include this clause in any subcontracts over $100,000. XVII. Energy -Efficiency CRA will require that the Engineer shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). IN WITNESS WHEREOF, the parties hereto have caused this Contract to be i executed by their undersigned officials as duly authorized. CRA CON,03ULTING, INC. In Name and Title: Mr. William H. Clark,lresaerat Date: _ Attest: 4L4P-- ,30APD OF C0t11Vi-Y INDIAN RIVER COUNTY 1£340 25th St., Suite N • 155 Vero 13eactl, Ftorida 32966 . FLORIDA 1 ,i Name and Title: KENNETH R. MACNT CHAIRMAN Date: �ud h /4/3c:C 4 f rs/71 Attest: — -- -_ IAdw P-0 Lt Ap�r�ree aie Admin I.agal i3udyet_ _ v �SLY ricsK NSyr i Page 7 ATTACHMENT A SCOPE OF SERVICES 1 CRA CONSULTING, INC. I Project: County of Indian Giver County 199912000 + Neighborhood Revitalization CDBG Program Project Budget: $750,000 Required Services: A -d ninisttati_o-n. Fee of $60,000 of grant award. Services to begin upon effective date of agree.—hent Between County and State, for a Period up to 18 months. See Work Order IM Part 11, Fee and Payment Schedule. The fee shall not exceed 8% of the Final Grant Amount pursuant the administration fee limit established by the Department of Community Affairs. Submitted by CRA the day of '1999 W. H. Clark, President Witness BO,' RD OF COUNTY COMMISSIONERS Authorized by rZ_�' K NNETH R. MACHT CHAIRMAN L.. t- t17e; "/b day of AZ P� f PART r . ADMINISTRATI—O"ERVICES SCDPE-OE- (ORK r NEIGHBORHOOD REVITALIZATION CABG As soon as the Agreement is effective between the local government and the Funding agency, CRA's Administration Services will begin. These services will include the following tasks. PHASE ONE, (Prior to Release of Funds) TASK 1 If required, perform an environmental review and request release of the project funds. TASKU Establish the financial procedures for receiving funds and disbursing payments. TABK-.3 Assess the local government's compliance with state and federal regulations concerning procurement, employment, personnel and property management, records retention, fair housing, ethics, etc. Make recommendations for modifications, if appropriate. PHASE TWO, (After Release of Funds) TASK 4 Conduct a neighborhood or the County meeting to explain the program to residents, if appropriate. TAS}S_5 Acquire property, if required. This includes procurement of appraisers, notification to property owners, and negotiation of purchase. TASM Request a wage decision for the project construction, if federally funded. TASK7 Review bid documents, other than technical components. r TASKS Provide necessary bidding instructions to the Engineer. TASK2 Evaluate bids and determine eligibility and compliance. Recommend approval by local officials and/or property owner. IASKIQ Review contract documents.. TASK 11 Conduct preconstruction conference, if necessary. TASK 12 Monitor contractor performance and compliance with all contract requirements, including required evaluation of contractor's weekly payroll for federal projects. This does not include inspection or observation of construction, which must be performed by the Engineer. TAS -KA -3, Supervise all payment authorizations to assure proper documentation and appropriate payments. TASMA Maintain all required files. TASK 15 Produce and submit required program reports. TASK -16. Produce and submit requests for project funds in a manner that will assure availability of funds to the local government when needed, in compliance with regulations. TASK -17 Maintain project account records as required. TA_ St518 Represent the local government during monitoring visits. Respond to monitoring reports. TASKA9 Respond to questions andlor complaints from citizens. TAS W Coordinate and/or implement fair housing activities on behalf of the local government, if required, not to exceed $200 in advertising and 3 man/hours.. TASK 21. If appropriate, recommend policy and/or grant amendments. Take necessary actions in response to the local government's decision, such as advertising and conducting public hearings and updating the project environmental review file.. TASK 22 Perform program close-out activities, including submission of reports and follow-up. If a project amendment becomes necessary, CRA will advise the local government of the situation and recommend appropriate modifications. As in the initial stages of implementation and planning, it is the elected officials who will make final policy and program design decisions. CRA will administer the program in compliance with adopted standards and grant requirements. M PART II FEE AND PA MENT SC HE For Administrative Services, the County will pay CRA the sum of $60,000 of the grant award. The fee shall not exceed 8% of the Final Grant Amount pursuant the administration fee limit established by the Department of Community Affairs. The fee amount shall be issued by the County to CRA over a period of 12-24 months. This method of payment is for convenience, and does not indicate that services performed each month are equal in value, nor that total final payment for services performed is limited to the amount invoiced through a particular month. If the project is satisfactorily competed in less than 24 months, the balance of the administration fee will be paid to CRA by the tenth calendar day of the month after submission of the preliminary closeout report to DCA, subject to availability of funds. If CRA is delayed in completing work as required, the payment schedule may be mutually negotiated to reflect the actual progress. It is agreed by CRA and the County that legal and audit expenses will be the responsibility of the County. p. ' ATTACHMENT r.11 NPI I I Lon FA W1 ZI UTA WWI; rg Principal . . ... . ... ... . .'. .. ... .. ... .-. . .-. . . .-. . . . . . . . . . . . $100-00 Director of Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75.08 Community Development Manager/Specialist .................... $65.00 Con)mtru||*, . . , . .. . . . . . .. . .....,. ... . . . . . . . . . . . . . . . . . . . . . . . . $80.00 Planner . . . . .. . . .. . .. . . . . .. ... ... .. . . . . . . . . . . . . . . . . . . . . . . . . $50.00 W- { ATTACHMENT C FEDERAL-13CWISIONS M11 e r r ,• s r r r l 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 previsions 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. 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. rl. 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. CivilRights Act-f_l964 Under Title VI of the Civil Rights 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. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, 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 the Housing and Community Development Act. 4. "' zertion 3" Com ian-c-eJ.n_the,Provision of TraiWLLig.Emp.loyment,--nd B-usJness Qnnartun.ities a. The work 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 1968, 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 work 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. G. 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. 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 Mousing and Urban Development, CFR Part 135. The CONSULTANT will not subcontract with any subcontractor where it has notice or knowledge that the latter leas 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. CQnfli_-ts_witLOther_Clatrs_es 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. l ,I r ATTACHMENT D SECTION 3 ARD AFFARMATWEAC JOIV_PLAN 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. A. 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. C. 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.