HomeMy WebLinkAbout2003-287 V
CDBG SURVEY SERVICES AGREEMENT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
THIS AGREEMENT, made and entered into this 4th day of
November , 2003 , by and between INDIAN RIVER COUNTY, party
of the first part, herein referred to as "County" , and LBFH, Inc . , party of the second part ,
herein referred to as " Surveyor" .
Whereas , County has received a Community Development Block Grant (CDBG)
from the United State Department of Housing and Urban Development to perform
housing rehabilitation and replacement in the Gifford area in Indian River County,
Florida; and
Whereas, County solicited proposals for Surveyors to perform survey work
associated with the CDBG program ; and
Whereas , LBFH was selected as Surveyor for the CDBG program ;
Now, therefore , County enters into an Agreement with Surveyor to provide
surveying services for the CDBG Program . The following are the terms of the contract :
• Surveyor will prepare two surveys for each property identified as requiring
housing replacement . One survey shall be prepared prior to construction , while
the other survey shall be prepared after construction has been completed , as
directed by CDBG staff.
• All surveys shall meet the minimum technical standards as set forth in F . A . C .
61G- 17 .
1 . For each property , County shall issue a work order to Surveyor to prepare the
first survey to scale showing the location of all corners , easements , and
footprints of all existing permanent structures on the property and distance
from all structures to property lines, permanent corner markers , and a
benchmark of the minimum floor elevation required for the new replacement
dwelling , if applicable .
2 . For each property, County shall issue a work order to Surveyor to prepare the
second survey showing the property corners , easements , footprints , distances
to property lines and , if the parcel is located within a flood zone , the floor
elevation of the new replacement structure .
• Surveyor will provide items 1 and 2 with a turn around time, from date of
request to date of delivery, of less than thirty (30) calendar days for each
survey .
• County shall be named as an Additional insured on both commercial general
liability and automobile policies , and given a 30 - day written notice of
cancellation or modification of any insurance .
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• Surveyor shall comply with Articles I through VIII, attached hereto
(Attachment 1 ) .
• Surveyor shall complete the sworn statement pertaining to public entity
crimes , attached hereto (Attachment 2) .
Payment shall be as follows :
1 . Upon delivery to County of a survey to scale showing the location of all
property corners and the footprint of all existing permanent structures and
distance to property lines , location of easements , and the placement and a
benchmark of the allowable minimum floor elevation, a fee negotiated
pursuant to each executed work order between County and Surveyor shall be
payable to the surveyor .
2 . After completion of the new dwelling, upon delivery to County of a second
survey to scale showing the property corner, footprint and distance to property
lines , easements , and floor elevation of the new dwelling, a fee negotiated
pursuant to each executed work order between County and Surveyor shall be
due and payable to the surveyor.
It is understood and agreed that timely completion of this project is an essential
element of this contract ; therefore , all work done under this contract shall be completed
on or before 30 calendar days after the Notice To Proceed for each work order that is
issued . Should Surveyor fail to complete the work within that time , or such additional
time as may be allowed due to causes beyond the control of Surveyor, then liquidated
damages in the amount of $ 10 . 00 per day may deducted from the amount due to
Surveyor. This amount represents a good faith estimate of the daily damages which will
result from late completion of this contract, as the actual damages being difficult to
ascertain .
All material , equipment and personnel for the above job will be furnished by Surveyor.
IN WITNESS WHEREOF , Indian River County has caused this document to be
executed by its Chairman of the Board of County Commissioners , all by authority
duly given, and the party of the second part has hereunto set his hand , this day and
year first written.
SLC I/ 40SAOSAWCOAZI40
LBFH , Inc . Anne-th R. Macht, Chairman
`�Tliorr� G' wKOvn Board of County Commissioners
Indian River County
BCC Approved : November 4 , 2003
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ATTACHMENT 1 : SURVEY CONTRACT ARTICLES
ARTICLE 1 .
Surveyor shall perform the work herein set out as an independent contractor free of
controls or supervision by County as to the means and methods of performing the same
and all persons engaged in the performance of such shall be solely the servants or
employees of Surveyor (or its subcontractors as the case may be) .
ARTICLE 1I .
Surveyor agrees to maintain accounts and records, including personnel , property, and
financial records , adequate to identify and account for all costs pertaining to the
Agreement and such other records for a minimum of three (3 ) years to assure proper
accounting for all funds . These records will be available for audit purposes to County or
the State or any other authorized representatives , and will be retained for three ( 3 ) years
after completion of this agreement unless permission to destroy them is granted by
County , or until all pending matters are closed . Moreover, the County, State , or any
authorized representative shall have access to any books , documents , papers , and records
of Surveyor which are directly pertinent to this Agreement for the purpose of making
audit, examination, excerpts, and transcriptions .
ARTICLE III .
No officer or employee of the local jurisdiction or its designees or agents , no member of
the governing body , and no other public official of County who exercises any function or
responsibility with respect to this Agreement , during his/her tenure or for one ( 1 ) year
thereafter, shall have any interest, direct or indirect, in any Agreement or subcontract .
Surveyor shall cause this Article III to be incorporated in all subcontracts the language set
forth in this paragraph prohibiting conflict of interest .
ARTICLE IV .
Surveyor agrees to comply with Executive Order 11246 , which prohibits discrimination
in employment regarding race , color, creed , national origin, handicap , religion , ancestry ,
sex or age . Surveyor further agrees to comply with the filing of any and all information
and reports required by the Executive Order and by the rules , regulations , and orders of
the Secretary of Labor.
ARTICLE V .
Surveyor agrees that County or appropriate State or Federal Agency shall have the right
to examine all their records and documents pertaining directly to this Agreement .
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ARTICLE VI .
1 . Termination (Cause and/or Convenience) ;
a) This Agreement may be terminated in whole or in part in writing by either
party in the event of substantial failure by the other party to fulfill its
obligations under this Agreement through no fault of the terminating
party, 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 certified mail , return receipt requested) of intent to terminate and (2 ) an
opportunity for consultation with the terminating party prior to
termination.
b) This Agreement may be terminated in whole or in part in writing by
County for its convenience , provided that the other party is afforded the
same notice and consultation opportunity specified in 1 (a) above .
C) If termination for default is effected by County, an equitable adjustment in
the price for this agreement shall be made, but ( 1 ) no amount shall be
allowed for anticipated profit or unperformed services or other work, and
(2) any payment due to Surveyor at the time of termination may be
adjusted to cover any additional costs to County because of Surveyor ' s
default . If termination for convenience is effected by County, the
equitable adjustment shall include a reasonable profit for services or other
work performed for which profit has not already been included in an
invoice . For any termination, the equitable adjustment shall provide for
payment to Surveyor for services rendered and expenses in addition to
termination settlement costs reasonably incurred by Surveyor relating to
commitments (e, g . , suppliers , subcontractors) which had become firm
prior to receipt of the notice of intent to terminate .
d) Upon receipt of a termination action under paragraphs (a) or (b) above ,
Surveyor shall ( 1 ) promptly discontinue all affected work (unless the
notice directs otherwise) and (2 ) deliver or otherwise make available to
County all data, drawings , reports , specifications , summaries and other
such information, as may have been accumulated by Surveyor in
performing this Agreement, whether completed or in process . Upon
termination, the County may take over the work and may award another
party an Agreement to complete the work described in this Agreement .
e) If, after termination for failure of Surveyor to fulfill contractual
obligations , it is determined that Surveyor had not failed to fulfill
contractual obligations , the termination shall be deemed to have been for
the convenience of County . In such event, adjustment of the Agreement
price shall be made as provided in paragraph (c) above .
2 . Remedies : unless otherwise provided in this Agreement, all claims ,
counter-claims , disputes and other matters in question between County
and Surveyor, arising out of or relating to this Agreement, or in breach of
it, will be decided in a Circuit Court, for the 19th judicial circuit of Florida,
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venue in Indian River County, Florida. If the parties agree , the dispute
may be settled by mediation.
ARTICLE VII .
Prohibition Against Contingent Fees : Surveyor warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
surveyor to solicit or secure this Agreement and that he has not paid or agreed to pay any
person , company , corporation, individual or firm , other than a bona fide employee
working solely for Surveyor any fee , commission, percentage , or gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
ARTICLE VIII
Source of Funding : The sole source of payment of the CDBG portion of this Agreement
is the funding received through the CDBG program and/or portion of any other funding
from grants leveraged from it .
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ATTACHMENT 2 : SWORN STATEMENT UNDER SECTION 287. 133 (3) (a)
FLORIDA STATUTES ON THE 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 Surveying Agreement between the
firm of LBFH, Inc . and Indian River County .
2 . This sworn statement is submitted by L5F'1-4- nc
whose business address is 355cj S �• -r C� p . parktkAx
P-0 I an and (if applicable) its Federal Employer
Identification Number (FEIN) is m - 130S, 0243
3 . My name is 'rNornr-K Vovpun , and my relationship to the entity named above is
VICE T' CSt0ff*.) T
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 . 1 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 pleas of
guilty or nolo contendere .
6 . I understand than an "affiliate" as defined in Paragraph 287 . 133 ( 1 ) (a) , Florida
Statues , means :
a . A predecessor or successor of a person convicted of a public entity crime ; or
b . 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
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 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 a joint venture with a
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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
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 . )
.p ,_ 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 was in the public interest to remove the person from
the convicted vendor list . (Please attach a copy of the final order . )
The person or affiliate has not been placed on the convicted vendor list .
(Please describe any action taken by or pending with the Department of
General Services ,)
(Signature)
Date :
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STATE OF
COUNTY OF.
PERSONALLY , rAPPEARED BEFORE ME, the undersigned authority,
T o +h &A �! Vo b4 , &ho , after first being sworn by me , affixed his/her
signature in the space provided above on this NThday of0c-`fie be- r; 2003 .
NO ARY PUBLIC
My Commission Expires :
Katherine B. 0)Ie
Commission # DD107998
spires April 20, 2006
:9f ..• 'Q: Bonded Thru
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SAMPLE COST SUMMARY FOR NEGOTIATED CONTRACTS
Grantee : Indian River County
Grant Number :
Name and Address
Of Contractor:
Date of Proposal :
Name and Address
Of Owner and Owner ' s
Property
Legal Description
Type of Service to
be Furnished : CDBG SURVEYING SERVICES
Cost Summary:
DIRECT LABOR: Estimated hrs x hourly rate=estimated cost
DIRECT LABOR TOTAL : $
INDIRECT COSTS : Fringes, etc . , rate x billing factor
INDIRECT COST TOTAL : $
OTHER INDIRECT COST : Describe
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OTHER INDIRECT COST : $
TOTAL ESTIMATED COST : $
COST SUMMARY FOR NEGOTIATED CONTRACTS (cont.)
PROFIT : $
TOTAL PRICE : $
Date of Notice to Proceed :
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